1. Who can play
Our games are made for a general audience. You must be at least 13 years old, or the minimum age required in your country, to use our Services. If you are under the age of legal majority where you live, a parent or guardian must read and agree to these Terms for you, and is responsible for your use of our Services, including any purchases.
You may not use our Services if the law where you live doesn’t allow it.
How we handle information is described in our Privacy Policy, which is part of these Terms.
2. Your license to play
As long as you follow these Terms, we give you a personal, limited, non-exclusive, non-transferable and revocable license to download, install and play our games on devices you own or control, for your own non-commercial entertainment.
You may not:
- copy, sell, rent, lend, distribute or sublicense our games or any part of them;
- reverse engineer, decompile, disassemble or try to extract the source code of our games, except where the law expressly allows it despite this restriction;
- modify our games or create derivative works from them; or
- use our games or their content for any commercial purpose without our written permission.
We’re happy for you to stream or share videos and screenshots of yourself playing our games for fun, as long as you don’t suggest that we endorse you and you remove the content if we ask.
3. Our content
Our games and website, including their code, characters, artwork, music, sound, text, names, logos and virtual items, belong to ShroomCap Games or our licensors and are protected by intellectual property laws. Apart from the license in these Terms, you don’t receive any rights in them.
If you send us ideas, suggestions or feedback, we may use them freely without paying you or giving you credit.
4. Virtual currency and items
Our games may include virtual currency (such as coins or gems) and virtual items (such as equipment, upgrades or power-ups), whether you earn them by playing or get them through a purchase. You don’t own virtual currency or items. You receive a limited license to use them within the game they come from.
- Virtual currency and items have no real-world monetary value. They can’t be exchanged for real money, goods or services, or redeemed for cash.
- You may not sell, trade, gift or transfer them outside the features our games provide, and you may get them only from us or through the app stores.
- We may change how items you earn through play work, or adjust the game’s balance, to keep our games fun and fair.
- Virtual currency and items you buy with real money don’t expire, and we won’t take them away except as these Terms allow (for example, for cheating or a reversed payment) or as described in Updates and availability.
- If a game ever sells randomized rewards for real money or for currency bought with real money, we will show the odds of receiving each type of item before you buy.
5. Purchases and refunds
Our games may offer optional in-app purchases. They are processed by the Apple App Store or Google Play under their terms, and the price is shown in your local currency at checkout. We never receive your payment card details.
- Refunds are handled by the app store you bought from, under its refund policy. We can’t issue refunds ourselves, because we don’t process the payment.
- Delivery. Purchased content is usually delivered right away. If something you bought doesn’t arrive or doesn’t work, contact us and we’ll help.
- Final sales. Except where the law or the app store’s policy provides otherwise, purchases are final.
- Withdrawal rights. If you are a consumer in the European Union or the United Kingdom, you may have a right to withdraw from a purchase within 14 days. For digital content delivered immediately, that right can end once delivery begins if you expressly agreed to immediate delivery when you bought it. The app store’s checkout explains this, and your statutory rights are not affected.
- Parents can turn off or restrict in-app purchases in the device’s or app store’s parental controls.
6. Your progress and data
Our games don’t require an account. Your progress, virtual currency, items and settings are saved on your device.
If you uninstall a game, clear its data, reset or replace your device, or your device fails, your progress and any virtual currency or items saved on that device may be lost permanently. We don’t keep a copy and can’t restore it, so please keep this in mind before making purchases.
If a game offers a way to restore purchases, back up progress or move it to another device, follow the instructions in that game.
7. Fair play
When you use our Services, you agree not to:
- use cheats, hacks, bots, automation, exploits or any unauthorized third-party software that changes or interferes with our games;
- use a modified, pirated or unofficial version of our games;
- tamper with game files, saves or network traffic to gain virtual currency, items or progress you didn’t earn or buy;
- disrupt, overload or try to gain unauthorized access to our games, servers or systems;
- sell, buy or trade virtual currency, items or game progress for real money; or
- use our Services in any way that breaks the law or these Terms.
If you find a bug or exploit, please tell us instead of using it.
8. Ads and third-party services
Some of our games may show ads, such as optional ads you can choose to watch for an in-game reward. Ads are provided by third parties, and we don’t endorse the products or services they promote. If you buy an option to remove ads, optional rewarded ads may still be offered because you choose whether to watch them.
Our Services may link to or rely on third-party services, such as app stores, websites and the technology our games are built with. Those services have their own terms and privacy policies, and we aren’t responsible for them.
9. Updates and availability
We regularly update our games to fix problems, improve them and add or change features. Some updates may be required to keep playing. We may change, suspend or stop offering any game or feature at any time.
If we plan to stop supporting a game in which you have bought virtual currency or items, we will give reasonable notice where we can, and you keep any rights to a refund or other remedy that the law gives you.
We work hard to keep our games running smoothly, but we can’t promise they will always be available, error-free or compatible with every device.
10. Suspension and termination
You can stop using our Services at any time by deleting our games.
If you seriously or repeatedly break these Terms, for example by cheating, we may suspend or end your access to our Services or any online features, and remove virtual currency, items or progress obtained by breaking these Terms. Where reasonable, we will tell you why and give you a chance to contact us about it.
Sections that by their nature should continue after termination, such as Our content, Disclaimers, Limitation of liability and Disputes, continue to apply.
11. Disclaimers
To the fullest extent the law allows, our Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.
Some countries don’t allow these exclusions. If you are a consumer, you keep the legal guarantees and rights that your local law gives you, including the right to digital content that works as described.
12. Limitation of liability
To the fullest extent the law allows, ShroomCap Games is not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data, progress or goodwill, arising from or related to our Services.
To the fullest extent the law allows, our total liability for all claims related to our Services is limited to the greater of the amount you paid us in the 12 months before the claim arose, or US$100.
Nothing in these Terms limits liability that can’t be limited by law, such as liability for fraud, for death or personal injury caused by negligence, or under mandatory consumer protection laws.
13. Disputes and governing law
If you have a problem with our Services, please contact us first at hello@shroomcapgames.com. Most issues can be solved quickly that way, and we will try in good faith to resolve yours within 30 days.
These Terms are governed by the laws of the jurisdiction where ShroomCap Games is established, without regard to its conflict-of-law rules. Any dispute that we can’t resolve informally will be decided by the courts of that jurisdiction, unless the law gives you the right to bring it elsewhere.
If you are a consumer in the European Union, the United Kingdom or another country with mandatory consumer protection laws, you keep the protection of those laws, and you may bring claims in the courts where you live.
14. App store terms
Your use of our games must also follow the terms of the app store you downloaded them from. If these Terms conflict with an app store’s terms of use, the app store’s terms apply to that conflict.
If you downloaded a game from the Apple App Store
- These Terms are between you and ShroomCap Games only, not Apple. We, not Apple, are responsible for our games and their content.
- Your license is limited to using the game on Apple-branded devices that you own or control, as allowed by the App Store’s Usage Rules.
- We, not Apple, are responsible for any maintenance and support for our games.
- If a game fails to meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for that game. To the maximum extent the law allows, Apple has no other warranty obligation for our games.
- We, not Apple, are responsible for handling any claims relating to our games, including product liability claims, claims that a game fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
- If a third party claims that a game or your use of it infringes their intellectual property rights, we, not Apple, are responsible for investigating, defending, settling and discharging that claim.
- You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- You must follow any applicable third-party terms when using our games.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
If you downloaded a game from Google Play
Google Play’s terms of service and policies also apply to your download and any purchases. Google is not responsible for our games or for supporting them.
15. Changes to these Terms
We may update these Terms as our games, our business or the law change. We will post the new version here and update the “Last updated” date. If we make material changes, we will let you know in our games or on our website before they take effect. If you keep using our Services after the changes take effect, you accept the updated Terms. If you don’t agree, please stop using our Services. Changes won’t apply to disputes that arose before they took effect.
16. General
- Entire agreement. These Terms and our Privacy Policy are the whole agreement between you and us about our Services.
- Severability. If any part of these Terms can’t be enforced, the rest stays in effect.
- No waiver. If we don’t enforce part of these Terms right away, we can still enforce it later.
- Assignment. You may not transfer your rights under these Terms. We may transfer ours, for example if our business or a game is sold, as long as your rights aren’t reduced.
- Events beyond our control. We aren’t responsible for delays or failures caused by events we can’t reasonably control.
17. Contact us
Questions about these Terms, a purchase or a problem with one of our games? Contact:
ShroomCap Games
Email: hello@shroomcapgames.com