Terms of use / EULA

Thank you for your interest in Studio Vykanic and our work! Although we are not the biggest fans of standard terms of use, as a small studio we felt it best to follow a standard template to protect our work and give content creators the information they need to create! Please read these terms and conditions carefully before using any of our software program(s), games, applications, and websites (referred to as “Service(s)”).

Terms Acknowledgment

These are the Terms of use and EULA (referred to as “Terms”) governing the use of our Services and the agreement that operates between you and Studio Vykanic LLC (referred to as “the Company, we, our(s), and us”). By accessing or using a Service of ours you agree to be bound by these Terms. You must be at least 13 years old to use our mobile games. If you are under the age of 18 (or the age of majority where you live) you need Parental/Guardian consent to accept these Terms.

Privacy

Our Privacy Policy explains what information is collected when you use our Services, including by our advertising partner, and the choices you have.

Photosensitivity Notice

Some users of our Services may be sensitive to certain light patterns, imagery, or visual movement in our Services. We will try to put reasonable notice before our Services if we feel they may cause discomfort or worse conditions to manifest. Have fun and play safe!

Software Application License for Games

The Company grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the software application strictly in accordance with these Terms. The license that is granted to you by the Company is solely for your personal, non-commercial purposes strictly in accordance with these Terms. You agree not to, and you will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party. See “Content Creators” section for exceptions.
• Copy or use the Application for any purpose other than as permitted under the above section 'License' and as specified in these Terms. See “Content Creators” section for exceptions.

If you download one of our games from an app store such as Google Play, that store's terms of service also apply to your download and purchases.

Advertisements

Some of our games show ads provided by third party advertisers through Google AdMob. Rewarded ads are optional: you can choose to watch an ad in exchange for an in-game reward.

• Rewards are given after the ad is completed. Ads are not always available, and we cannot guarantee that an ad or reward will be available at any given time. If you believe you did not receive a reward you earned, contact us and we will try to help, but we cannot guarantee a replacement.
• You may not use any tool, script, ad blocker, or other method to automate, skip, block, or manipulate ads or ad rewards. We may remove rewards obtained this way.
• Ads are created by third party advertisers, not by the Company. We are not responsible for the content of ads or for any products or services advertised, and any dealings you have with an advertiser are solely between you and that advertiser. If you see an inappropriate ad, please let us know.

Leaderboards

Some of our games have online leaderboards.

• A display name is generated for you automatically and is shown publicly next to your score. You do not create an account, and we do not show your real name.
• We may remove, reset, or refuse any score that we reasonably believe was obtained by cheating, by exploiting a bug, or by modifying the game or its data.
• Leaderboards may reset on a schedule, and we cannot guarantee they are available at all times. We may change or discontinue them.
• You can ask us to delete your leaderboard data at any time. See our Data Deletion Policy.

In-App Purchases and Virtual Items

Some of our games include virtual currency and virtual items (“Virtual Items”). You may earn Virtual Items by playing, and in some games you may also be able to buy them as an in-app purchase.

• Purchases are processed by the app store you use, such as Google Play, and are subject to that store's terms and refund policies. We never receive your payment card details.
• Whether you earn a Virtual Item or buy it, you receive a limited, personal, non-transferable, non-sublicensable, revocable license to use it within the game. You do not own Virtual Items, and they have no real-world monetary value. Virtual Items cannot be exchanged for cash, or sold, traded, or transferred to anyone else.
• Except as required by law or by the app store's refund policy, all purchases are final and non-refundable.
• We may change the price or availability of Virtual Items, or how they work in the game, at any time. If we discontinue a game, we will try to give reasonable notice where possible, and unused Virtual Items may be lost.
• Game progress and consumable Virtual Items are saved on your device. Uninstalling the game or clearing its data may permanently delete them, and we are not able to recover them. Where a game supports it, permanent purchases (such as ad removal) can be restored using the same app store account.
• If you live in the European Union or the United Kingdom, by purchasing digital content that is delivered immediately you agree to its immediate delivery and acknowledge that you lose your right of withdrawal, to the extent permitted by law.

Intellectual Property (“IP”)

Our Services and their original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. Our Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Please do not use our Intellectual Property with any other product or service without the prior written consent of the Company unless it falls into the “Content Creators” section below.

Content Creators

You may create content based on our IP if it falls into the below rules. You accept that you are solely responsible for your content creations. If you want to do something that doesn’t fall into a below rule just send us an email and we will get back to you!

• You may stream our video games on services such as Twitch and YouTube and utilize their forms of monetization.
• You may create fan art (including videos) and monetize your fan art. You cannot monetize direct copies of our art, music, or other IP; it must be your own original art.
• You may not use our copyrighted / trademarked Logo or name of the Company as if the Company is endorsing your work on any content you create unless you explicitly get our permission. You can and should use our name to give us credit for your source material, however.
• You can create mods for or to our video games for entertainment, but cannot commercialize those mods. We also cannot be held responsible for any damages that result from your software mods.
• We reserve the right to tell you to remove content related to our IP if it is deemed inappropriate by us for any reason, specifically if it breaks our “Code of Conduct” section below. Be nice and have fun!

Code of Conduct

You agree to abide by this code of conduct during use of our Services and in the content you create based on our IP.

• Do not use derogatory, demeaning, malicious, defamatory, abusive, offensive, hateful, or discriminatory language.
• Do not harass, threaten, bully, or cause discomfort or harm to or for others.
• Do not cheat, exploit bugs, or use hacks or unauthorized third party software to gain an unfair advantage or obtain rewards or Virtual Items you did not earn or purchase. If you find a bug, please report it to us!

Your Feedback to Us

When you give the Company and its employees/partners feedback about our Services you give us permission to use (or not use) your feedback as we see fit. You understand that we are not required to credit, compensate, or reward you for feedback but we do love the idea of doing this and if we are able to we may (no guarantee) try to come up with some kind of reward system for implemented feedback (we will get your permission before we offer you any rewards).

Links to Other Websites

Our Services may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices, or your use of any third party web sites or services.

Modifications and Updates to our Services

The Company reserves the right to modify, update, suspend or discontinue, temporarily or permanently, our Services with or without notice and without liability to you. For updates to software applications, like video games, we will try our best to create patch or update notes in a timely manner before the release of the update and post them in the appropriate places.

Limitation of Liability and Disclaimers

Our Services are provided to you "AS IS" and "AS AVAILABLE" without warranty. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages related to your use of our Services. Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers shall be limited to the greater of the amount actually paid by you for our Services in the twelve (12) months before the claim, or fifty US dollars (US $50). Some states and countries do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these places, each party's liability will be limited to the greatest extent permitted by law. Nothing in these Terms limits any rights you have as a consumer that cannot be limited by contract under the laws of the country where you live. If you run into any issues with our Services you can contact us at support@studiovykanic.com and we will try to resolve the issue as time permits.

Indemnification

You agree to defend and hold harmless the Company from any claims, damages, and expenses (including reasonable legal fees) arising from your breach of these Terms, or from content you create based on our IP, to the extent permitted by law.

Governing Law

The laws of Massachusetts, United States excluding its conflicts of law rules, shall govern this Terms and your use of our Services. Your use of our Services may also be subject to other local, state, national, or international laws.

Disputes Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company, and to allow at least thirty (30) days for us to respond before taking any formal action.

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using our Services.

Termination

We may terminate or suspend your right to use our Services if you breach these Terms.

Severability and Entire Agreement

If any part of these Terms is found to be unenforceable, the rest of these Terms will remain in effect. These Terms, together with our Privacy Policy, are the entire agreement between you and the Company about our Services. If we do not enforce any part of these Terms, that does not mean we waive our right to enforce it later.

Contact Us

If you have any questions about these Terms, you can contact us:

• By email: support@studiovykanic.com