Terms of Service

1. Acceptance of these Terms

These Terms of Service (the “Terms”) form a legally binding agreement between you (“you”, “your” or the “User”) and DEVPLAY LTD (“DevPlay”, “we”, “us” or “our”), a company incorporated under the laws of the Republic of Cyprus with its registered office at 1 Apriliou 21, Paramytha, Limassol, Cyprus, 4540.

These Terms govern your access to and use of our mobile applications, games, websites (including devplay.mobi), software, content, features and any related services that link to or reference these Terms (together, the “Services”).

By downloading, installing, accessing, registering for or using any of the Services, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree with these Terms, you must not download, install, access or use the Services, and you should uninstall and delete our applications from your devices.

Certain Services, features, competitions, beta programmes or promotions may be subject to additional or supplemental terms, rules or guidelines that will be presented to you at the relevant time. Those additional terms form part of your agreement with us for the relevant Service. If there is a conflict between these Terms and any additional terms, the additional terms prevail in respect of the Service to which they relate.

2. Definitions

• “App” means any mobile, tablet, desktop, TV or other application published or operated by DevPlay.
• “App Store” means the third-party digital distribution platform through which you obtained an App, including the Apple App Store operated by Apple Inc. and its subsidiaries (“Apple”) and Google Play operated by Google LLC and its affiliates (“Google”).
• “Content” means all text, graphics, images, audio, video, software, data, designs, characters, level designs, code and other material made available through the Services.
• “In-App Purchase” means any one-off purchase of digital content, features, Virtual Items or Virtual Currency made within an App.
• “Subscription” means a recurring, automatically renewing paid plan that provides access to premium features, content or benefits for a defined billing period.
• “Subscription Period” means the recurring period of a Subscription (for example weekly, monthly, three-monthly, six-monthly or annual), as stated at the point of purchase.
• “User Content” means any content that you submit, upload, post, transmit or otherwise make available through the Services.
• “Virtual Currency” means in-App coins, gems, credits, tokens or similar units of exchange that have no monetary value outside the relevant App.
• “Virtual Items” means in-App items, upgrades, levels, characters, boosters, cosmetics or other digital goods.

3. Eligibility and age requirements

You may use the Services only if you are able to form a legally binding contract with us under the laws applicable to you, and only if your use of the Services is not prohibited by any applicable law.

The Services are not directed at, and are not intended to be used by, children under the age of 13 (or under the higher minimum age set by the law of your country of residence — for example 16 in certain jurisdictions of the European Economic Area). We do not knowingly collect personal data from children below the applicable minimum age. If we become aware that we have collected personal data from a child below that age without valid parental consent, we will delete that data as described in our Privacy Policy.

If you are a minor under the age of majority in your country of residence, you may use the Services only with the involvement, supervision and consent of your parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use of the Services, including for any charges incurred.

Parents and guardians: we strongly recommend enabling the parental controls, purchase restrictions and password/biometric confirmation settings provided by Apple (Screen Time → Content & Privacy Restrictions) and Google (Google Play → Settings → Authentication) to prevent unauthorised purchases on your device.

4. Accounts and account security

Some Services can be used without registration. Others may require you to create an account or to sign in with a third-party account (such as an Apple ID, Google account or a social network account). Where an account is required, you agree to:

• provide accurate, current and complete information and keep it up to date;
• keep your credentials confidential and not share them with any third party;
• be solely responsible for all activity that occurs under your account or on your device; and
• notify us at [email protected] without undue delay if you become aware of any unauthorised use of, or access to, your account.

You may not sell, trade, transfer, rent, lend or otherwise make your account available to any other person, and you may not use another person's account without permission. We may refuse, reclaim or change a username or profile name that we reasonably consider inappropriate, offensive, misleading or infringing.

Accounts, progress and purchased items are generally tied to the App Store account or platform identifier used at the time of purchase. We may not be able to restore or transfer progress or purchases between different platforms, accounts or devices, or after an App has been uninstalled, unless the relevant App expressly provides a cloud-save or account-linking feature.

5. Licence to use the Services

Subject to your continued compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and use one copy of each App on a device that you own or control, and to access the Services, solely for your own personal, private and non-commercial entertainment purposes.

This licence does not transfer any ownership rights to you. All rights not expressly granted in these Terms are reserved by DevPlay and its licensors. In particular, you may not:

• copy, reproduce, distribute, publicly display, publicly perform, rent, lease, lend, sell, sublicense or otherwise commercially exploit any part of the Services;
• modify, adapt, translate, create derivative works from, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of any part of the Services, except to the strict extent that such restriction is prohibited by applicable law (including Article 6 of Directive 2009/24/EC on the legal protection of computer programs);
• remove, obscure or alter any copyright, trade mark or other proprietary notice;
• use the Services in connection with any commercial venture, tournament for profit, gambling or wagering activity that is not expressly authorised by us in writing; or
• use the Services in any manner that infringes the rights of, or restricts or inhibits the use and enjoyment of the Services by, any third party.

6. Acceptable use and prohibited conduct

You agree not to do, or attempt to do, any of the following in connection with the Services:

• use cheats, exploits, automation software, bots, hacks, mods, emulators, memory editors or any unauthorised third-party software designed to modify the Services or to gain an unfair advantage;
• tamper with, disrupt, overload, probe, scan or test the vulnerability of the Services or any network, server or infrastructure used to provide them;
• circumvent, disable or interfere with security, authentication, digital rights management, billing or access-control features;
• access the Services by any automated means (including scraping, crawling or data mining) without our prior written permission;
• upload or transmit any virus, worm, trojan horse, malware or other harmful code;
• harass, threaten, defame, stalk, bully, impersonate or intimidate any person, or engage in hate speech or discriminatory conduct;
• submit or transmit content that is unlawful, obscene, sexually explicit, violent, defamatory, deceptive or that infringes the intellectual property, privacy or publicity rights of any person;
• collect, harvest or store personal data of other users without their consent;
• engage in the sale, purchase or exchange of accounts, Virtual Items or Virtual Currency for real money outside the Services;
• submit fraudulent, unauthorised or reversed payments, or abuse refund, trial or promotional mechanics (including creating multiple accounts to obtain repeated free trials); or
• use the Services in violation of any applicable law, regulation, sanctions regime or export control rule.

We may, but are not obliged to, monitor use of the Services in order to detect breaches of these Terms and to protect the safety and rights of our users and of DevPlay. We may investigate suspected breaches and take any action we reasonably consider appropriate, including those described in section 21 (Suspension and termination).

7. User content

You retain ownership of any User Content that you create. By submitting User Content through the Services, you grant DevPlay a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to host, store, reproduce, adapt, modify, publish, translate, publicly display and distribute that User Content for the purposes of operating, providing, improving, securing and promoting the Services. This licence ends when you delete your User Content, except where the content has been shared with others who have not deleted it, or where we must retain it to comply with a legal obligation.

You represent and warrant that you own or have all necessary rights in your User Content and that your User Content does not breach these Terms or any applicable law or third-party right.

We may remove, refuse, restrict or disable access to any User Content that we reasonably consider to breach these Terms, applicable law or the rights of third parties. Where we do so, we will, where legally required and technically feasible, inform you of the decision and of the means of redress available to you.

8. Virtual items and virtual currency

Some Apps allow you to obtain Virtual Currency or Virtual Items, whether by playing, by watching advertisements, as a promotional reward or by making an In-App Purchase.

• Virtual Currency and Virtual Items are licensed, not sold. You receive a limited, personal, revocable, non-transferable right to use them within the relevant App only.
• Virtual Currency and Virtual Items have no monetary value, do not constitute real currency, electronic money, a payment instrument, a stored-value account or property, and cannot be redeemed for cash or any other item of monetary value from us or from any other person.
• You may not transfer, sell, gift, trade, sublicense or exchange Virtual Currency or Virtual Items outside the mechanisms expressly provided within an App.
• Balances of Virtual Currency and holdings of Virtual Items are recorded within the App or on our servers; the record maintained by DevPlay is determinative.
• We may manage, regulate, control, modify, rebalance, price, discontinue or remove Virtual Currency and Virtual Items at any time, with or without notice, including in order to balance gameplay. We will not be liable to you for exercising these rights, provided that we act reasonably and in accordance with your mandatory statutory rights.
• Your right to use Virtual Currency and Virtual Items ends when your licence to use the relevant App ends, when your account is terminated, or when the App is discontinued. Except where required by applicable law, no refund or compensation is payable for unused Virtual Currency or Virtual Items on termination.

9. Purchases and in-app payments

Our Apps may offer paid digital content, including In-App Purchases and Subscriptions.

9.1 Who processes your payment

All payments for In-App Purchases and Subscriptions made inside an App are processed by the App Store from which you downloaded the App — Apple or Google — and not by DevPlay. The charge appears on the payment method registered with your Apple ID or Google account, and is governed by the payment terms of that App Store in addition to these Terms. DevPlay does not receive, collect or store your full payment card number, bank details or other payment credentials.

9.2 Confirming a purchase

Before you complete a purchase, the App Store displays the item or plan, the total price payable, the currency and, for Subscriptions, the length of the Subscription Period and the renewal terms. A purchase is completed when you confirm it through the App Store, using your Apple ID or Google account credentials, biometric confirmation or another method offered by the App Store. You are responsible for all purchases made through your account or device, including purchases made by other people (such as members of your household) who have access to your device or credentials.

9.3 Prices, currency and taxes

Prices are displayed in your local currency where the App Store supports it, and are inclusive of applicable VAT or sales tax where the App Store operator is required to collect it. Prices may differ between countries, platforms and over time. Currency conversion rates, foreign transaction fees and any charges applied by your bank or card issuer are a matter between you and your payment provider, and we are not responsible for them.

9.4 Delivery of digital content

Digital content is delivered immediately upon successful completion of the purchase, by unlocking the relevant feature, Virtual Item or Virtual Currency within the App. You will need a compatible device, a supported operating system version and an internet connection to receive and use purchased content.

9.5 Failed and reversed payments

If a payment fails, is declined, is charged back or is reversed, we may suspend or withdraw access to the corresponding paid content, features, Virtual Items or Virtual Currency, and we may suspend or terminate your account in accordance with section 21.

10. Subscriptions and automatic renewal

Some Apps offer access to premium features, content, ad-free use or other benefits through an auto-renewing Subscription. The following terms apply to every Subscription you purchase from us.

10.1 Subscription plans and billing periods

The Subscription plans available in a given App, their duration and their prices are shown on the subscription screen inside the App and on the App Store product page before you purchase. Depending on the App, plans may include weekly, monthly, three-monthly, six-monthly or annual Subscription Periods. The Subscription Period you select at the point of purchase determines both the length of your access and the frequency of the recurring charge. For a monthly Subscription, the recurring charge falls due once per calendar month from the date of the initial purchase.

10.2 Automatic renewal

All Subscriptions renew automatically. Unless you cancel, your Subscription will automatically renew at the end of each Subscription Period for a further period of the same length, and the applicable Subscription fee will be charged to the payment method associated with your Apple ID or Google account.

• Renewal charge timing: your account is charged for the renewal within the 24 hours prior to the end of the then-current Subscription Period.
• Cancellation deadline: to avoid being charged for the next period, you must cancel at least 24 hours before the end of the current Subscription Period. A cancellation made less than 24 hours before the renewal date may take effect only from the following period.
• Renewal price: renewals are charged at the then-current price for your plan, subject to section 15 (Price changes).
• Duration: the Subscription continues to renew indefinitely until it is cancelled by you, or until it is terminated by us or by the App Store in accordance with these Terms or the applicable App Store terms.
• Failed renewal: if the renewal payment cannot be collected (for example because your payment method has expired or has insufficient funds), the App Store may retry the payment for a limited period. Your access to premium features may be suspended in the meantime, and the Subscription may lapse if payment is not collected.

10.3 What your Subscription includes

The specific benefits of a Subscription are described on the subscription screen in the relevant App. Benefits may include, for example, removal of advertising, access to premium levels, features or content, periodic allocations of Virtual Currency, or increased usage limits. Benefits apply only to the App and, where stated, only to the platform through which the Subscription was purchased. Any Virtual Currency or Virtual Items granted as part of a Subscription remain subject to section 8 and may expire at the end of the Subscription Period in which they were granted, where this is stated at the point of purchase.

10.4 Managing more than one Subscription

Subscriptions purchased through the Apple App Store are managed exclusively through your Apple ID; Subscriptions purchased through Google Play are managed exclusively through your Google account. A Subscription purchased on one platform cannot be cancelled, changed or refunded from the other. If you have purchased Subscriptions to more than one of our Apps, or on more than one platform, each one must be managed and, if desired, cancelled separately.

10.5 Upgrades, downgrades and plan changes

Where an App offers more than one plan, you may be able to change your plan through your App Store subscription settings. The App Store determines how plan changes are handled, including whether a change takes effect immediately with a pro-rated credit or only at the start of the next Subscription Period. Please review the details shown by the App Store before confirming a change.

11. Free trials and introductory offers

We may offer a free trial or a discounted introductory period for a Subscription. The following applies to any such offer:

• The duration, price and conditions of the offer are shown before you confirm the purchase.
• A free trial converts automatically into a paid, auto-renewing Subscription at the end of the trial, at the standard price of the selected plan, unless you cancel at least 24 hours before the trial ends. The first charge is taken within the 24 hours prior to the end of the trial.
• An introductory price applies only for the stated introductory period. After that period, the Subscription renews at the standard price of the plan.
• Free trials and introductory offers are generally limited to one per user, per Apple ID or Google account, per App, and are not available to users who have previously subscribed to the same App. Attempting to obtain repeated trials through multiple accounts is a breach of section 6.
• If you cancel during a free trial, you may immediately lose access to the trial benefits. Any unused portion of a free trial is forfeited when a paid Subscription to the same App is purchased.
• Offers may be withdrawn or modified at any time before purchase, and are not transferable or exchangeable for cash.

12. How to cancel a subscription

You may cancel your Subscription at any time and for any reason. Cancellation must be carried out through the App Store that processes your payment — we cannot cancel an App Store Subscription on your behalf.

12.1 When cancellation takes effect

• Cancellation must be completed at least 24 hours before the end of the current Subscription Period in order to prevent the next renewal charge.
• Cancellation stops future renewals only. It does not terminate the Subscription Period that is already running and does not generate a refund for that period, except where you exercise a statutory right of withdrawal (see section 14) or where a refund is otherwise required by applicable law.
• You retain access to the Subscription benefits until the end of the period for which you have already paid, after which the App reverts to its free functionality (if any).

12.2 If you need help cancelling

If you cannot locate or cancel your Subscription, contact us at [email protected] with the name of the App, the platform (iOS or Android), the approximate purchase date and the email address associated with your Apple ID or Google account. We will do our best to help you identify the Subscription and guide you through the cancellation process. Please do not send us your password or full payment card details.

13. Refunds

Because purchases are processed by the App Stores, refund requests must generally be submitted to Apple or Google, and are granted at their discretion in accordance with their published policies. DevPlay does not have direct access to your payment method and, as a general rule, cannot issue a refund for a purchase made through an App Store.

• Apple App Store: request a refund at reportaproblem.apple.com. See Apple's Media Services Terms and Conditions for details.
• Google Play: request a refund at play.google.com/store/account/orderhistory or see support.google.com/googleplay/answer/2479637.

Except where required by applicable law, all purchases of digital content, Virtual Currency and Virtual Items are final, and Subscription fees already charged for a period that has begun are non-refundable, whether or not you have used the Services during that period.

Nothing in this section limits any non-waivable statutory right you may have as a consumer, including rights under Cypriot and European Union consumer protection law in respect of digital content or services that are faulty, not as described, or not fit for purpose. If you believe that a Subscription or purchase is defective or was charged in error, please contact us at [email protected] and we will review your case and, where a remedy is due from us, provide it without undue delay.

14. EU/EEA right of withdrawal

If you are a consumer resident in the European Union or the European Economic Area, you normally have the right to withdraw from a distance contract for digital content or digital services within 14 days of entering into it, without giving a reason, under Directive 2011/83/EU as implemented in Cyprus and in your country of residence.

Loss of the right of withdrawal. Where the contract concerns the supply of digital content that is not supplied on a tangible medium, the right of withdrawal is lost once performance has begun, provided that you have given your prior express consent to immediate performance and acknowledged that you thereby lose your right of withdrawal. By confirming an In-App Purchase or by starting a Subscription or free trial, you expressly request immediate performance and acknowledge that you lose your right of withdrawal once the digital content has been delivered or the Service has been fully performed.

Where the right of withdrawal still applies, you may exercise it by sending an unequivocal statement to [email protected] or to DEVPLAY LTD, 1 Apriliou 21, Paramytha, Limassol, Cyprus, 4540, stating the App concerned, the date of purchase, the amount and the Apple ID or Google account email used. Because payments are collected by the App Store, we may need to direct you to Apple or Google in order for the reimbursement to be processed.

15. Price changes

We may change the price of a Subscription or of any In-App Purchase from time to time, for example to reflect changes in our costs, in taxes, in currency exchange rates or in the features included in a plan.

• A change to the price of an existing Subscription will not affect the Subscription Period that is already running.
• Where a price increase would apply to your renewals, you will be notified in advance by the App Store and/or by us, by the means required by the applicable App Store rules and by law, and you will be given the opportunity to cancel before the new price takes effect.
• Depending on the platform and jurisdiction, a price increase may require your express consent; if you do not consent, your Subscription will not renew at the higher price and will end at the conclusion of the current period.
• Continuing your Subscription after a price change has taken effect, where consent is not separately required, constitutes acceptance of the new price.

16. Advertising and third-party content

Our free Apps are supported by advertising. By using them you agree that we and our advertising partners may display advertisements, including banner, interstitial, native and rewarded video formats, and that advertisements may be personalised where you have given the necessary consent or where personalised advertising is otherwise permitted by law.

Advertisements and other third-party content are provided by third parties over whom we have no control. We do not endorse, and are not responsible for, the accuracy, legality, safety or quality of third-party advertisements, products, services or websites. Any dealings with an advertiser or third party, including the payment for and delivery of goods or services, are solely between you and that third party.

Information about the advertising and analytics partners we work with, the data they may receive, and how you can limit or object to personalised advertising (including Apple's App Tracking Transparency prompt and the Android advertising ID settings) is set out in our Privacy Policy.

17. App store and platform terms

Your use of an App obtained from an App Store is also subject to the terms, policies and usage rules of that App Store, which apply in addition to these Terms. If there is a conflict between these Terms and the usage rules of the relevant App Store as they apply to your licence to use the App, the App Store usage rules prevail to the extent of that conflict.

You represent and warrant that you are not located in a country subject to a comprehensive embargo by the United States Government or by the European Union, or designated as a “terrorist supporting” country, and that you are not listed on any list of prohibited or restricted parties maintained by a competent authority.

18. Intellectual property

The Services and all Content, software, source code, object code, graphics, artwork, characters, names, sounds, music, animations, text, gameplay mechanics, look and feel, trade marks, trade names, logos and other materials contained in them are owned by DevPlay or its licensors and are protected by copyright, trade mark, database and other intellectual property laws and by international treaties.

“DevPlay”, the DevPlay logo and the names of our Apps are trade marks of DEVPLAY LTD. You may not use them without our prior written permission, except for fair and nominative uses permitted by law.

If you believe that any content available through the Services infringes your copyright or other intellectual property right, please send a notice to [email protected] that includes: (a) your contact details; (b) identification of the work claimed to be infringed; (c) identification of the material claimed to be infringing and its location; (d) a statement that you have a good-faith belief that the use is not authorised; (e) a statement that the information in the notice is accurate; and (f) your electronic or physical signature. We will investigate and take appropriate action, which may include removing the material.

19. Feedback

If you send us suggestions, ideas, bug reports, feature requests or other feedback about the Services, you agree that we may use, reproduce, modify, disclose and exploit that feedback without restriction, without compensation and without any obligation of confidentiality or attribution to you. You confirm that you have the right to provide the feedback and that it does not contain the confidential information of any third party.

20. Availability, updates and changes to the Services

We aim to keep the Services available and functioning, but we do not warrant that they will be uninterrupted, timely, secure or error-free. Access may be limited or unavailable due to maintenance, updates, technical failures, network problems, the acts of third-party providers, or events beyond our reasonable control.

We may, at any time and without liability to you:

• modify, update, patch or improve the Services, including gameplay balance, features and Content;
• impose limits on certain features or restrict access to parts of the Services;
• require you to install an update in order to continue using an App, and cease to support older versions of an App or of an operating system; and
• discontinue an App or a Service, in whole or in part, permanently or temporarily.

Where we intend to discontinue an App that offers active Subscriptions, we will use reasonable efforts to give advance notice, to stop selling new Subscriptions, and to allow existing Subscriptions to run to the end of their current period or to be cancelled without further charge, in each case as required by applicable law and by the rules of the relevant App Store.

21. Suspension and termination

By you. You may stop using the Services at any time. To end a Subscription, follow the cancellation steps in section 12. To delete an account or request the deletion of your personal data, follow the instructions in our Privacy Policy or contact [email protected].

By us. We may suspend, restrict or terminate your access to all or part of the Services, and remove Content or User Content, if we reasonably believe that: (a) you have breached these Terms or any applicable additional terms; (b) your conduct exposes us, other users or third parties to legal liability, security risk, fraud or abuse; (c) we are required to do so by law, by a competent authority or by an App Store; or (d) we discontinue the relevant Service.

Where it is lawful and practicable to do so, we will give you notice of a suspension or termination and of the reasons for it, and will allow you a reasonable opportunity to respond, unless doing so would be unlawful, would compromise an investigation, or would create a risk of harm.

Effect of termination. On termination, your licence under section 5 ends immediately and you must stop using and delete the Apps. Any Virtual Currency, Virtual Items, progress and Subscription benefits associated with the terminated account or App are forfeited without refund, except where a refund is required by applicable law or where the termination was not attributable to a breach on your part. Sections that by their nature should survive termination — including sections 7, 18, 19, 22, 23, 24, 27 and 30 — will continue to apply.

22. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis, without warranties, conditions or representations of any kind, whether express, implied or statutory, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy or non-infringement.

We do not warrant that the Services will meet your requirements, that they will operate without interruption or error, that defects will be corrected, that they will be free of viruses or other harmful components, or that any data you store will not be lost or corrupted. You are responsible for maintaining your own backups where the Services allow it.

If you are a consumer, this section does not exclude or limit any warranty, guarantee or right that cannot be excluded or limited under the law applicable to you, including your rights under Cypriot and EU legislation on the supply of digital content and digital services.

23. Limitation of liability

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or wilful misconduct; or (d) any other liability that cannot lawfully be excluded or limited.

Subject to the paragraph above, and to the maximum extent permitted by applicable law:

• we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, data, Virtual Currency or Virtual Items, however caused and under any theory of liability, even if we have been advised of the possibility of such damages; and
• our total aggregate liability arising out of or in connection with these Terms and your use of the Services will not exceed the greater of (i) the total amount you actually paid to us or through the App Stores for the relevant App during the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) EUR 100 (one hundred euro).

If you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or of our failure to use reasonable care and skill, but we are not responsible for loss or damage that is not foreseeable, nor for loss or damage arising from your use of the Services for any commercial or business purpose. Some jurisdictions do not allow certain exclusions or limitations of liability, in which case the limitations above apply only to the extent permitted in your jurisdiction.

24. Indemnification

To the extent permitted by applicable law, and other than where you act as a consumer to the extent such an indemnity would be unenforceable against a consumer, you agree to indemnify, defend and hold harmless DEVPLAY LTD, its affiliates, officers, directors, employees, agents and licensors from and against any claims, demands, proceedings, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms or of any applicable law; (b) your User Content; or (c) your misuse of the Services or infringement of the rights of any third party.

25. Privacy

Our collection and use of personal data in connection with the Services is described in our Privacy Policy, which explains what we collect, why we collect it, the legal bases on which we rely, who we share it with, how long we keep it, and the rights available to you under the EU General Data Protection Regulation (GDPR), Cypriot data protection law and other applicable privacy laws. Please read it carefully before using the Services.

26. Changes to these Terms

We may amend these Terms from time to time, for example to reflect changes in our Services, in the law, in App Store requirements, or in our business practices. The date at the top of this page shows when these Terms were last updated.

Where a change is material and adversely affects your rights, we will provide reasonable advance notice by an in-App notice, by email (where we have your address) or by another appropriate means, before the change takes effect. If you do not agree to the amended Terms, you must stop using the Services and, where applicable, cancel your Subscription before the change takes effect. Continued use of the Services after the effective date of the amended Terms constitutes acceptance of them. Changes that are required by law or that address a security issue may take effect immediately.

27. Governing law and disputes

These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of the Republic of Cyprus, without regard to its conflict-of-law rules.

The courts of the Republic of Cyprus have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Services. If you are a consumer resident in the European Union, this does not deprive you of the protection of the mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of your country of residence.

27.1 Complaints and alternative dispute resolution

Before commencing formal proceedings, we ask that you contact us at [email protected] so that we can try to resolve the matter informally. We aim to acknowledge complaints within 5 business days and to resolve them within 30 days.

Consumers resident in the European Union may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr. We are not obliged and, unless we state otherwise, do not undertake to participate in dispute resolution proceedings before a consumer arbitration board.

28. Additional terms for Apple App Store users

The following applies where you obtained an App from the Apple App Store. Apple is not a party to these Terms and has no responsibility for the App.

• These Terms are concluded between you and DEVPLAY LTD only, and not with Apple. DevPlay, not Apple, is solely responsible for the App and its content.
• The licence granted in section 5 is limited to a non-transferable licence to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules of the Apple Media Services Terms and Conditions, save that the App may be accessed by other accounts associated with you via Family Sharing or volume purchasing.
• Apple has no obligation whatsoever to provide any maintenance or support services in respect of the App. Any questions relating to maintenance or support should be directed to [email protected].
• To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the App. In the event of any failure of the App 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 whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are the sole responsibility of DevPlay.
• DevPlay, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
• In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, DevPlay, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.
• You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• 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.

29. Additional terms for Google Play users

The following applies where you obtained an App from Google Play. Google is not a party to these Terms and has no responsibility for the App.

• These Terms are concluded between you and DEVPLAY LTD only. DevPlay, not Google, is solely responsible for the App, its content, its maintenance and support, and for addressing any claims relating to it.
• Your use of Google Play is governed by the Google Play Terms of Service and the Google Payments Terms of Service, which apply in addition to these Terms.
• Subscriptions and In-App Purchases are billed through Google Play, and cancellations and refunds are handled in accordance with Google's policies as described in sections 12 and 13.

30. General provisions

30.1 Entire agreement

These Terms, together with our Privacy Policy and any additional terms applicable to a particular Service, constitute the entire agreement between you and DevPlay in respect of the Services and supersede all prior agreements, representations and understandings on that subject.

30.2 Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable or, if modification is not possible, severed, and the remaining provisions will continue in full force and effect.

30.3 No waiver

Our failure or delay in enforcing any provision of these Terms is not a waiver of that provision or of any other provision, and does not affect our right to enforce it later.

30.4 Assignment

You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent. We may assign or transfer these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, corporate reorganisation or sale of assets, provided that this does not reduce your rights as a consumer.

30.5 Force majeure

We are not liable for any failure or delay in performing our obligations where that failure or delay results from an event beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, industrial action, failures of telecommunications or internet infrastructure, power failures, cyber-attacks, or acts of government or of an App Store operator.

30.6 No third-party rights

Except as expressly stated in section 28 in relation to Apple, these Terms do not confer any rights on any person who is not a party to them.

30.7 Language

These Terms are drafted in English. Any translation is provided for convenience only; in the event of a discrepancy, the English version prevails, unless the law applicable to you as a consumer provides otherwise.

30.8 Notices

We may give you notices by in-App message, by email to the address associated with your account, or by posting on devplay.mobi. You may give us notice by email to [email protected] or by post to the registered address set out below.

31. How to contact us

If you have any question about these Terms, about a Subscription or charge, or about the Services in general, please contact us:

• DEVPLAY LTD
• 1 Apriliou 21, Paramytha, Limassol, Cyprus, 4540
• Email: [email protected]
• Contact form: devplay.mobi/contact-us.html

We aim to respond to all enquiries within 24 hours on business days.