Terms of Service

01The agreement

These Terms of Service (the “Terms”) are a binding agreement between you and Pixy Studio (“Pixy”, “we”, “us”), covering our mobile games, Block Placer, Blocco, Tris, Ninfea, Talpa, Coppia, Tonfo, The Wheel, and this website (together, the “Services”).

By installing, opening or playing any Pixy game, you accept these Terms. If you do not accept them, do not use the Services and uninstall the game.

Our Privacy Policy explains how we handle data and forms part of these Terms.

02Who may play

You must be at least 13 years old, or the minimum age of digital consent where you live, whichever is higher. If you are under 18, you confirm that a parent or guardian has read these Terms and agrees to them on your behalf.

03Your licence

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and play our games on devices you own or control, for your own private entertainment. That is all this licence does: the games are licensed to you, not sold. We keep all rights not expressly granted here.

You may not:

• copy, sell, rent, sublicense or otherwise distribute a game or any part of it;
• reverse engineer, decompile or disassemble a game, except to the extent that applicable law expressly permits it despite this restriction;
• modify a game, or use cheats, bots, memory editors or modified clients to alter gameplay, scores or advertising behaviour;
• remove, obscure or interfere with advertising, or automate the watching of ads;
• use a game to break the law, infringe anyone’s rights, or attack our systems or our providers’.

04Who owns what

The games, their code, art, sound, names and logos, including the Pixy name and wordmark, belong to us or our licensors and are protected by copyright and trade mark law. Nothing in these Terms transfers any of it to you. Trade marks belonging to Google, Apple and our other providers belong to them.

05Advertising

Our games are free and funded by advertising. By playing, you accept that the game will display ads, including full-screen ads between runs and optional rewarded ads you choose to watch. What kind of ads you see depends on the consent choices described in our Privacy Policy. We do not control the content of third-party ads and are not responsible for what they advertise or where they lead.

06Purchases and virtual items

Some Pixy games may offer optional in-app purchases, such as removing ads or buying in-game items or currency. Where they do:

• every purchase is processed by Google Play or the Apple App Store, not by us, so their terms and payment methods apply;
• refunds are handled by the store you bought from, under its refund policy. We can rarely reverse a charge ourselves, but tell us if something went wrong and we will help you sort it out;
• virtual items and currency have no monetary value, cannot be exchanged for real money, and are licensed to you for use inside the game only;
• virtual items may be changed, rebalanced or discontinued as the game is updated, and they end when your licence does.

If you are an EU consumer, you have a statutory right of withdrawal for digital content, which you may lose once delivery begins with your express consent, which the stores collect at purchase.

07Your progress

Game progress is stored on your device. Deleting the app, clearing its data or losing the device will lose your progress, and we usually cannot restore it, because we hold no copy. Where a game offers cloud saves or leaderboards through Google Play Games Services or Game Center, those are provided by the platform under its own terms. We may remove scores that were obtained by cheating.

08Availability and changes

We may update, change, suspend or discontinue any game or feature at any time, and we may stop supporting older devices or operating system versions. We try to give notice of anything significant, but we do not promise that a game will remain available, uninterrupted or error-free.

09Ending this agreement

You may end it at any time by uninstalling the games. We may suspend or end your licence if you materially breach these Terms, for example by cheating or tampering with a game. Sections that by their nature should survive termination (ownership, disclaimers, liability, governing law) do survive it.

10Disclaimers

To the fullest extent the law allows, the Services are provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Nothing in these Terms excludes or limits your statutory rights as a consumer. If you are an EU consumer, the legal guarantee of conformity applies regardless of what this section says.

11Limitation of liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special or consequential damages, or for lost data, lost profits or lost game progress, arising out of your use of the Services.

Where liability cannot be excluded, our total liability to you is limited to the greater of the amount you paid us for the game in the twelve months before the claim, or €50.

We do not exclude liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be excluded under Portugal or EU law.

12Additional terms for the Apple App Store

These apply where you obtained a game from the App Store, and are required by Apple:

• This agreement is between you and Pixy only, not Apple. Pixy, not Apple, is solely responsible for the game and its content.
• Apple has no obligation to furnish any maintenance or support for the game.
• If the game fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the game.
• Pixy, not Apple, is responsible for addressing any claim by you or a third party relating to the game, including product liability claims, failure to conform to legal requirements, and consumer protection claims.
• Pixy, not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party claim that the game infringes intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting”, and are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.

13Governing law and disputes

These Terms are governed by the laws of Portugal, without regard to conflict-of-law rules. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you may bring proceedings in your local courts.

The European Commission provides an online dispute resolution platform at ec.europa.eu/consumers/odr. We are not obliged to participate in alternative dispute resolution before a consumer arbitration board, but we would always rather settle things by email than by lawyer.

14Changes to these Terms

We may update these Terms as the games change or the law does. The “last updated” date at the top always reflects the current version, and material changes are announced in the affected game. Continuing to play after a change means you accept the new Terms.

15Contact

Pixy Studio
Portugal
support@pixy.pt