Terms and Conditions for Tap Two by Fidgety Games
Last updated: April 1, 2023
IMPORTANT - READ CAREFULLY:
These Terms of Use(“Terms”) is a legal agreement between you and Fidgety Games Jakub Korczyński ("Fidgety Games" or "we") and governs the use by you while you use our games ("Games") and/or applications ("App") and/or any other interactive platforms/service that may appear in the future(collectively, the "Services").
If you do not understand or do not accept any part of this agreement, then you should not use the Services. By downloading, using or accessing our Services you acknowledge that you have read this agreement and accept our Terms of Use and Privacy Policy.
PLEASE REVIEW OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE. BY ACCEPTING THESE TERMS, YOU ARE ALSO ACCEPTING THE PRIVACY POLICY.
If a child wishes to use our Services, the child’s legal guardian has to read and agree to these Terms as a precondition to the child’s use.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of our Terms of Use and Privacy Policy by notifying you by the relevant message inside the services.
Your continued use of our Services confirms your acceptance of the updated Terms of Use and Privacy Policy.
For the meaning of certain words and phrases please see the Definitions below.
Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, limited right to use our Services for your own personal, non-commercial, entertainment purposes. You agree not to use our Services for any other purpose. The rights granted to you are subject to your full compliance with these Terms.
Except as stated above, you are not granted any other license, and we retain all right, title and interest in and to the Services. This means we own at all times all copyright, trademarks, code, software, themes, game names, settings, artwork, sound effects, music, in-app items, gameplay recordings, trade secrets, patents, titles, and all rights in, or derived from, the Services. The Services must not be copied, reproduced or distributed in any manner or any medium without our prior written consent, which will be granted or withheld at our sole discretion.
The license ends on the earlier of your disposal of the Services or our termination of the license under these Terms.
Our Services may include an opportunity for you to earn, buy or otherwise obtain in-game currency ("Virtual Currency") to access virtual, in-game digital goods or items ("Virtual Items"). Methods of obtaining Virtual Currency are at Fidgety Games' sole discretion. Virtual Currency is not real currency, does not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services.
Virtual Currency and Virtual Items obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicensable license to use within the Service. You have no property interest, right, or title in or to any Virtual Currency or Virtual Items appearing or originating in the Service, and they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.
Fidgety Games has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency.
Fidgety Games has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained with Virtual Currency.
Fidgety Games reserves the right, in its sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items.
Virtual Currency may have an expiration date. Virtual Currency and Virtual Items may be forfeited if:
If you successfully request that your personal data be deleted under the Privacy Policy, you will permanently lose all your Virtual Items and will not have any right to refund. Once deleted, we can no longer associate any Virtual Items with you.
When you pay for Virtual Currencies, and/or Virtual Items, all payments are charged and processed by the relevant App Store (Google Play Store or Apple App Store), so please review your app store's payment terms for additional payment terms that may apply.
You agree that all payments for Virtual Currency and Virtual Items are final.
No refunds will be given, except at Fidgety Games' sole and absolute discretion.
Subject to these Terms, Fidgety Games grants you a non-exclusive, limited, revocable, non-transferable license to use the Services for your personal, non-commercial use. These Terms apply to all versions including, without limitation, free and paid versions and updates to the App.
You will not:
rent, lease, lend, sell, resell, transfer, redistribute, sublicense, reproduce, duplicate, copy, or otherwise exploit the Services in whole or in part, for any purpose;
make our Services available over a network where they could be used by multiple Devices at the same time. If you sell or otherwise dispose of, transfer or assign any Devices containing our Services, you must remove any copies of our Services before doing so;
use or promote the use of any form of cheats, modifications, exploits or other unauthorized means to interfere with, or gain undue advantage in your use of, our Services;
use the Services for public use or any commercial purpose without our prior written connect;
attempt to disrupt or burden the normal operation of our Services, or any of our infrastructure, or any of our other business activities;
attempt to gain unauthorized access to our Services;
use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information in connection with the Services;
make any automated use of our Services;
impersonate any other person in your use of our Services;
post another person’s personal information or data through our Services without that person’s consent;
attempt to modify, translate, decompile, reverse engineer, disassemble, create derivative works of, or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed, or stored by us;
use our Services to harass, abuse, threaten or harm another person or to attempt to, or incite another, to harass, abuse, or harm another person or group;
copy, distribute, make available to the public, or create a derivative work from our Services or any part thereof unless we have first agreed to this in writing;
use our Services to gather, accumulate or otherwise aggregate information or data including, but not limited to, data or information about us, our Services or other users;
use our Services in connection with the actual or attempted contravention of any laws;
engage in any conduct in connection with the Services that may be considered illegal or tortious including, without limitation, "hacking" the Services, or infringing the intellectual property or other proprietary rights of Fidgety Games or third parties;
You are responsible for ensuring that your installation and use of our Services do not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.
You must comply with the terms of service of the relevant digital storefront where you obtained our Services, including but not limited to the Apple App Store and the Google Play Store.
You must comply with any applicable third party terms of agreement when using our Services.
Information that you provide to us must be true, accurate and complete at all times.
The Service may include measures to control access to the Service (including age controls), prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not take any action to circumvent or defeat such security features. If you disable or otherwise tamper with the technical protection measures, your license to use the App or other Services will be automatically revoked.
To use our Services you must comply with the laws that apply to you in the location where you access our Services from.
If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and using our Services.
To ensure compliance with laws and regulatory requirements, we ask for your age when you initialize our services.
If you are a user under the age of 13, you must obtain the explicit consent of your guardian or parent to use our services.
If you are a user between the ages of 13 and 16, you must read the Privacy Policy and Terms of Use, and the consent of your guardian or parent is required.
If you have not been asked to provide your age when initializing our services, this means that you confirm that you are at least 16 years old and have read our Privacy Policy and Terms of Use. For users under the age of 13, we take special precautions, such as not collecting, using or disclosing personal information, in accordance with regulations such as Children's Online Privacy Protection Act.
We attach great importance to protecting the privacy of our users, especially children and teenagers, so we provide special procedures, including parental controls and the option to disable certain service features for underage users, to ensure their safety and security.
All details related to the processing of personal data, collection and use of information by our Services, are described in our Privacy Policy.
All content contained within the game, including graphics, logos, names, icons and any other elements(unless otherwise stated and appropriately marked), is our intellectual property and is protected by copyright and other intellectual property laws. This means that you may not copy, reproduce, modify, publish, transmit or otherwise use this content in any way without our express permission.
In particular, you are prohibited from copying, distributing, publishing, posting on the internet, public display, selling, licensing, creating derivative works, or using the content in any other form or purpose without our express written permission.
In addition, all names and logos, including the Fidgety Games and Tap Two logos and the names of Fidgety Games and Tap Two, as well as any other visual identity markings, are our intellectual property and may not be copied, reproduced, modified or otherwise used without our express written permission.
You understand that no title or ownership in our Services is being transferred or assigned and these Terms are not a sale of any rights in our Services.
You are obliged to comply with these rules and to report any breaches or unlawful actions.
We have the right to withdraw or modify our Services (in whole or in part) at any time for any reason. For the avoidance of doubt, you understand that we have the right to alter our Services at our sole discretion.
You understand that there may be times when our Services or any part of our Services are not available for technical or maintenance-related reasons, whether on a scheduled or unscheduled basis.
You understand that:
we may, at our sole discretion, provide Updates and we may require you to accept the Updates to our Services;
you may need to update third party software from time to time in order to receive our Services;
it is your responsibility to update our Services and third party software when updates are available. We are not liable for any Loss that you may suffer as a result of your failure to update;
we are not obliged to support our Service by providing advice, training, error-correction, modifications, new releases, enhancements, hosting, telecommunication, internet or other services in relation to your use of our Services.
Our Service may contain links to third-party services or websites that are not owned or controlled by Fidgety Games.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party services or websites. You further acknowledge and agree that Fidgety Games shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the Terms of Use and Privacy Policies of any third-party websites or services that You visit.
If you provide data to third parties you are providing it in accordance with their privacy policy (if any) and our Privacy Policy does not apply in relation to that data.
We may provide advertisements from third parties in our Services.
We may at our sole discretion introduce advertising into any of our Services that do not presently contain advertising, unless we have explicitly stated that that Service will be an advertising-free Service.
We are not responsible for the content of any third party advertisements, nor the content of any website or other materials that may be linked to by third party advertisements, and you view those third party websites and materials at your sole risk.
Information is provided to third party advertisers in accordance with our Privacy Policy.
Fidgety Games is not responsible for any loss and damage.
Notwithstanding any damages that You might incur, the entire liability of Fidgety Games and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 5 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall Fidgety Games or its partners be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
You further acknowledge that Fidgety Games is not liable, and you agree not to hold Fidgety Games liable, for the conduct of third-parties, including other users of the services and other third-party sites, and that the risk of using or accessing the services, and of injury from the foregoing, rests entirely with you.
Certain regional laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Fidgety Games, on its own behalf and on behalf of its service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limiting the foregoing, neither Us nor any of our partners make any representation or warranty of any kind, express or implied, that the Service will:
You agree that you have exercised your independent judgment in acquiring our services and have not relied on any representation we have made which has not been stated expressly in these terms or upon descriptions or illustrations or specifications contained in any document including catalogs or publicity material produced by us.
Certain regional laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. But in such a case the exclusions and limitations outlined in this section shall be applied to the greatest extent enforceable under applicable law.
By using Services, you agree to protect, defend, and indemnify Fidgety Games and its service providers from any losses, damages, fines, and expenses (including legal fees and costs).
You also agree to indemnify Fidgety Games for any violation of these Terms or any applicable law, regulation, or third-party right, as well as for your use of and connection to the Services. If necessary, Fidgety Games reserves the right to take over the exclusive defense and control of any matter subject to indemnification by you, at your expense.
These Terms will automatically terminate if you fail to comply with any term hereof.
You have the right to stop using services at any time for any reason and without notice.
We have the right to stop providing services at any time for any reason and without notice.
Upon termination you shall immediately discontinue use of the Services.
Your obligations under this agreement shall survive any termination.
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information, we cannot guarantee the security of any information you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve the security of it.
You must take your own precautions to ensure your access to our Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your Devices. We do not accept responsibility for any interference or damage to your Devices which arises in connection with your use of our Services.
We will collect, process, use and share your personal information in accordance with our Privacy Policy, as set out in these Terms and as you otherwise consent. Our Privacy Policy forms part of these Terms of Use.
By using our Services, you agree to these Terms of Use, including our Privacy Policy, and acknowledge that your agreement is a precondition to your use of the Services.
Fidgety Games does not accept unsolicited feedback, suggestions or other information about the Services, content or other aspects of its business. If you provide us with feedback or other ideas, you agree that Fidgety Games is free to use any feedback provided by you for any purpose (without compensation to you), including, without limitation, improving its products and services and creating derivative products. Also, You assign all rights, title and interest in any Feedback You provide to us.
If for any reason such assignment is ineffective, You agree to grant Fidgety Games a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
These Terms and the licenses granted to you herein are personal to you, and may not be assigned prior to obtaining Fidgety Games' express written consent.
Assignment - We may wish to transfer all or a part of our rights or responsibilities under these Terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these Terms unless we first agree to this in writing.
Entire agreement - These Terms, our Privacy Policy set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us.
Severability - If any part of these Terms are found to be invalid or unenforceable, that part will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
Waivers - Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such rights. Any waiver of such rights shall only be effective if it is in writing and signed by us.
Governing Law - These Terms of Use and all disputes relating to them shall be governed by and construed in accordance with the laws of the Republic of Poland and you agree to submit to its jurisdiction.
Force Majeure - Notwithstanding anything else contained in these Terms, we are not liable for any delay in or failure to comply with these Terms if the delay or failure is caused by circumstances beyond our reasonable control, including without limitation, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes or any act of war or terrorism.
Translation Interpretation - If you read and accept our Terms and Privacy Policy in a language other than English, you agree that the original English text shall prevail in the case of a dispute.
If you have any questions about these Terms of Use, Privacy Policy or about our use of your personal information, then you may contact us at:
Fidgety Games Jakub Korczynski
Radunska 56, Juszkowo 83-000, Poland
Email: [email protected]