Terms of Service

1. Agreement

These Terms of Service ("Terms") are an agreement between you and White Whales Games, Inc. ("White Whales Games", "we", "us"). They apply to all mobile games and apps published or operated by White Whales Games that link to these Terms, to related services, and to our website (together, the "Games"). Some Games may be listed on the app stores under a partner or affiliated publisher account. These Terms still apply to them.

By downloading, installing or playing a Game, you agree to these Terms. Please also read our Privacy Policy, which explains how we handle personal data. If you do not agree, do not use the Games.

2. Who can play

The Games are made for a general audience. If you are under the age of majority where you live, you may only play with the permission of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for any purchases you make. Parents can use the parental controls on Apple and Google devices to restrict purchases.

3. Your license

We give you a personal, limited, non-exclusive, non-transferable and revocable license to download and play the Games on devices you own or control, for your own non-commercial entertainment, in line with these Terms and the rules of the app store you downloaded from.

You may not: copy, modify, sell, rent or distribute the Games; reverse engineer, decompile or try to extract source code (except where the law allows it); use the Games for any commercial purpose without our written permission; or remove any copyright or other notices.

4. In-app purchases and virtual items

Buying

The Games may offer optional purchases with real money, such as virtual currency, items, extra content, ad removal or subscriptions. All purchases are processed by Apple or Google under their terms. Prices are shown in the store before you buy and may vary by country, change over time and include local taxes.

Virtual items

Virtual currency and items ("Virtual Items") are part of the license in section 3. You do not own them. They have no monetary value, cannot be exchanged for real money or anything of value, and cannot be sold, traded or transferred, except where a Game feature allows it. We may change, rebalance or remove Virtual Items as part of running the Games, but we will not remove purchased Virtual Items you have not yet used without a valid reason, such as a violation of these Terms, and we will act fairly and in line with the law.

Subscriptions

Subscriptions renew automatically until you cancel them. You can cancel at any time in your Apple ID or Google Play account settings. Cancelling stops the next renewal; you keep access until the end of the current period.

Refunds

Refunds are handled by Apple or Google under their refund policies. Request them from Apple or Google Play. Your statutory rights are not affected.

Right of withdrawal (EU and UK consumers)

Under EU and UK law, you normally have 14 days to withdraw from an online purchase. For digital content supplied immediately, such as Virtual Items, you agree when buying that delivery starts right away and that you lose your right of withdrawal once delivery starts. This does not affect your rights if the content is faulty or not as described.

Lost progress

Progress and Virtual Items may be stored on your device. If you delete the Game or change devices, they may be lost unless the Game offers a restore or cloud save feature. Purchases of non-consumable items and subscriptions can usually be restored through the store's "Restore purchases" option.

5. Ads

The Games show ads from us and from third-party ad networks. Ads help keep the Games free. Some Games let you watch an optional ad in exchange for a reward. We do not control the content of third-party ads, and your dealings with advertisers are between you and them. You can choose whether ads are personalized, as described in our Privacy Policy.

6. Fair play

When you use the Games, you agree not to:

• cheat, or use bots, hacks, modified clients or other unauthorized software;
• exploit bugs or errors (please report them instead);
• interfere with the Games, our servers or other players;
• buy, sell or trade Virtual Items or accounts outside the Games;
• commit fraud, including chargeback fraud or using stolen payment methods;
• break any law, or infringe anyone's rights.

If you break these rules, we may take reasonable and proportionate action, such as removing Virtual Items obtained unfairly, or suspending or ending your access.

7. Our content

The Games and everything in them, including code, art, characters, music, text and trademarks such as White Whales Games and the names of our Games, belong to us or our licensors and are protected by intellectual property laws. Except for the license in section 3, we do not give you any rights to them.

8. Feedback

If you send us ideas or suggestions, we may use them freely, without any obligation to you.

9. Updates and availability

We update the Games to fix bugs, add content and keep them working. Some updates may be required to keep playing. We may test new features with some players and not others, and features, prices and offers may differ between players and countries. We may stop offering a Game. If we close a Game you paid for content in, we will give you reasonable notice in the Game where possible, and you keep any rights the law gives you.

We aim to keep the Games available, but they may sometimes be interrupted for maintenance or reasons outside our control.

10. Third parties and app stores

The Games may include services or links from third parties, such as app stores, ad networks and analytics tools. Their own terms apply to them.

Apple: if you downloaded a Game from the App Store, these Terms are between you and us, not Apple. Apple is not responsible for the Game or its content, has no obligation to provide maintenance or support, and is not responsible for any claims relating to the Game, including product liability, legal compliance or intellectual property claims. If a Game fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any; Apple has no other warranty obligation to the extent permitted by law. You confirm that you are not in a country subject to a US Government embargo and are not on any US Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Google: if you downloaded a Game from Google Play, the Google Play Terms of Service also apply.

11. Ending these terms

You can stop playing at any time by deleting the Game. We may suspend or end your access if you seriously or repeatedly break these Terms, if required by law, or if we stop offering the Game. Where reasonable, we will tell you why. Sections that by their nature should survive (such as 7, 12, 13 and 15) continue after these Terms end.

12. Disclaimers

The Games are provided for entertainment. To the extent allowed by law, they are provided "as is" and "as available", and we do not promise that they will be uninterrupted, error-free or meet every expectation. Some countries do not allow these disclaimers, so they may not apply to you. Nothing in these Terms affects the legal guarantees that consumers have under the law of their country, including the legal guarantee of conformity for digital content in the EU and UK.

13. Limitation of liability

To the extent allowed by law, we are not liable for indirect, incidental, special or consequential losses, or for loss of data, profits or goodwill. Our total liability to you for any claim relating to the Games is limited to the greater of the amount you paid us in the 12 months before the claim and USD 100 (or the equivalent in local currency).

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, for gross negligence or willful misconduct, or for anything else that cannot be limited by law. If you are a consumer in the EU or UK, we are responsible for foreseeable loss caused by our breach of these Terms or our failure to use reasonable care.

14. Consumer rights

If you are a consumer, you benefit from the mandatory consumer protection rules of the country where you live. Nothing in these Terms, including sections 12, 13 and 15, takes those rights away.

15. Governing law and disputes

Please contact us first at hello@whitewhales.games. Most issues can be solved quickly.

These Terms are governed by the laws of [governing law, e.g. State of Delaware, USA], without regard to conflict-of-law rules. Disputes will be heard by the courts of [venue].

If you are a consumer in the EU, the UK, Switzerland, Brazil or another country whose law gives you the right, you may also bring a claim in the courts of the country where you live, and the mandatory laws of that country apply. EU consumers can also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr. We are not obliged to take part in alternative dispute resolution, but we will consider it.

16. Changes to these terms

We may update these Terms, for example when we add features or when the law changes. We will post the new version here with a new effective date. For important changes, we will tell you in advance in the Games. If you keep playing after changes take effect, the new Terms apply. If you do not agree, you can stop playing and delete the Game.

17. General

If any part of these Terms is found unenforceable, the rest stays in effect. If we do not enforce a right, we do not waive it. You may not transfer your rights under these Terms. We may transfer ours to a company that takes over a Game or our business, as long as your rights are not reduced. These Terms, with our Privacy Policy, are the whole agreement between you and us about the Games.

18. Contact us

White Whales Games, Inc.
[registered address]
Email: hello@whitewhales.games