These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Electron Game Studios ("we", "us", or "our"). By downloading, installing, accessing, or using any of our mobile applications, including but not limited to Cathedral Collapse and Neon 21: Blackjack Roguelike (collectively, the "Apps"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Apps.
We reserve the right to modify these Terms at any time. We will make reasonable efforts to notify you of material changes, such as by posting a notice within the Apps or on our website. Material changes will take effect prospectively from the date they are posted. Continued use of the Apps after changes are posted constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
The Apps are not directed to children under the age of 13 (or the applicable age of digital consent in your jurisdiction). By using the Apps, you represent that you are at least 13 years of age, or that you are using the Apps with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Apps on a device that you own or control, solely for your personal, non-commercial purposes.
This license does not grant you any ownership interest in the Apps. All rights not expressly granted herein are reserved by Electron Game Studios. For Apps downloaded from the Apple App Store, the license granted herein is also subject to the Usage Rules established by Apple in its App Store Terms of Service.
You agree that you will not:
The Apps and all content therein, including but not limited to text, graphics, images, audio, music, animations, code, game mechanics, and design elements, are the exclusive property of Electron Game Studios and are protected by copyright, trademark, and other intellectual property laws. All trademarks, service marks, trade names, and logos displayed in the Apps are the property of their respective owners.
"Electron Game Studios," "Cathedral Collapse," "Neon 21," and all related names, logos, and visual designs are trademarks of Electron Game Studios. You may not use these marks without our prior written consent.
Certain Apps may allow you to share game content (such as custom board layouts) via QR codes or similar mechanisms. By sharing content through the Apps, you represent and warrant that you have the right to share such content and that it does not violate any third-party rights. We are not responsible for any user-generated content shared through these features.
We reserve the right to remove or disable access to any user-generated content at our sole discretion and without notice.
Some Apps offer in-app purchases, such as the option to remove advertisements. All in-app purchases are processed by the applicable platform provider (Google Play or Apple App Store) and are subject to that platform's terms of service and refund policies.
All in-app purchases are final and non-refundable to the extent permitted by applicable law, unless otherwise required by the platform provider's policies. We do not process payments directly and have no ability to issue refunds; all refund requests must be directed to the platform provider.
Prices for in-app purchases are subject to change at any time without notice. We are not responsible for any charges incurred by unauthorized use of your device or account.
The Apps may display third-party advertisements provided by Google AdMob and its advertising partners. By using the Apps, you acknowledge and agree that third-party advertisers may collect and use certain data as described in our Privacy Policy. We are not responsible for the content, accuracy, or practices of any third-party advertisements or the products and services advertised therein.
The Apps integrate with third-party services including Google AdMob, Google Firebase Analytics, Amplitude (including session replay functionality), Google Play Billing, Apple App Store, and Google Fonts. Your use of these third-party services is governed by their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, content, or practices of any third-party services, and your use of such services is at your own risk.
THE APPS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE APPS WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY DATA OR GAME PROGRESS STORED ON YOUR DEVICE WILL BE PRESERVED, AND WE ARE NOT RESPONSIBLE FOR ANY LOSS OF DATA.
Australian Consumer Law. If you are a consumer within the meaning of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), nothing in these Terms excludes, restricts, or modifies any consumer guarantee or any right or remedy you may have under the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract and obtain a refund for the unused portion; you are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems rectified in a reasonable time.
SOME OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELECTRON GAME STUDIOS, ITS OWNERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APPS, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APPS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE AUSTRALIAN DOLLAR (AUD $1.00).
NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE, RESTRICT, OR MODIFY ANY RIGHTS OR REMEDIES YOU MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW OR ANY OTHER APPLICABLE CONSUMER PROTECTION LEGISLATION THAT CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED BY AGREEMENT. WHERE SUCH LEGISLATION APPLIES AND CANNOT BE EXCLUDED, TO THE EXTENT PERMITTED, OUR LIABILITY IS LIMITED AT OUR OPTION TO: (A) THE RESUPPLY OF THE RELEVANT SERVICES; OR (B) THE PAYMENT OF THE COST OF HAVING THE RELEVANT SERVICES RESUPPLIED.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Electron Game Studios, its owners, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your misuse of the Apps in violation of these Terms; (b) your violation of any applicable law or regulation; (c) your violation of any rights of any third party; or (d) any content you share through the Apps.
Informal Resolution. Before filing any formal proceeding, you agree to first contact us at electron.cyber.secure@gmail.com and attempt to resolve the dispute informally for at least thirty (30) days.
Mediation and Arbitration. If the dispute cannot be resolved informally, the parties agree to first attempt mediation administered by the Resolution Institute (Australia). If mediation is unsuccessful within sixty (60) days, the dispute shall be resolved by binding individual arbitration administered under the Resolution Institute Arbitration Rules. The seat of arbitration shall be Melbourne, Victoria, Australia. The arbitration shall be conducted in the English language and the arbitrator's decision shall be final and binding.
Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ELECTRON GAME STUDIOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THIS WAIVER DOES NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW, INCLUDING UNDER THE AUSTRALIAN CONSUMER LAW.
Exceptions. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights. Nothing in this section limits any rights you may have to bring proceedings in any tribunal or court in your jurisdiction under applicable consumer protection laws, including the Australian Consumer Law.
These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, and the Commonwealth of Australia, without regard to conflict of law principles. To the extent that litigation is permitted under these Terms, the parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia, and any courts entitled to hear appeals from those courts.
If you are a consumer in the European Economic Area (EEA), the United Kingdom, or any other jurisdiction with mandatory consumer protection laws, nothing in these Terms affects your statutory rights under those laws, and you retain the right to bring proceedings in the courts of your country of residence.
We may terminate or suspend your access to the Apps at any time, with or without cause, upon reasonable notice where practicable. We may terminate immediately and without notice if you breach these Terms. Upon termination, your license to use the Apps is immediately revoked and you must cease all use of the Apps and delete all copies from your devices. Termination without cause does not affect any rights you may have to seek a refund for prior in-app purchases through the applicable platform provider (Google or Apple).
Sections 4, 5, 10, 11, 12, 13, 14, 16, and 17 shall survive any termination of these Terms.
Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Electron Game Studios regarding the Apps and supersede all prior agreements and understandings.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by Electron Game Studios.
Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction.
Force Majeure. We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, labor disputes, power failures, internet or telecommunications failures, or government actions.
The Apps are operated from Australia and are available to users worldwide. If you access the Apps from outside Australia, you do so at your own initiative and are responsible for compliance with the laws of your jurisdiction to the extent they apply.
European Economic Area and United Kingdom. If you are located in the EEA or UK, you have certain rights under the General Data Protection Regulation (GDPR) and local consumer protection laws that cannot be waived by contract. Nothing in these Terms is intended to limit those rights. For details on how we handle personal data, please see our Privacy Policy. You have the right to withdraw from these Terms within fourteen (14) days of acceptance without giving any reason, provided you have not begun using the Apps. Once you begin using the Apps, you acknowledge that performance of the service has begun and you may lose the right of withdrawal to the extent permitted by applicable law.
Other Jurisdictions. If any provision of these Terms is unenforceable in your jurisdiction, that provision shall be modified to the minimum extent necessary to be enforceable, or if it cannot be modified, it shall be severed, and the remaining provisions shall continue in full force and effect. Where local consumer protection laws provide you with mandatory rights that cannot be excluded, nothing in these Terms overrides those rights.
The following terms apply when you access or use the Apps through a device provided by Apple, Inc. ("Apple"):
These Terms are between you and Electron Game Studios only, and not with Apple. Apple has no obligation to furnish any maintenance and support services with respect to the Apps.
In the event of any failure of the Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Apps.
Apple is not responsible for addressing any claims by you or any third party relating to the Apps, including but not limited to product liability claims, any claim that the Apps fail to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Apps or your possession and use of the Apps infringes that third party's intellectual property rights, Electron Game Studios, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
The Apps and related documentation are "Commercial Items" as that term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. The Apps are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to these Terms.
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
If you have questions about these Terms, contact us at electron.cyber.secure@gmail.com.