Terms of Service

Last Updated: December 24, 2024

1. Acceptance of Terms

Welcome to TopiaryBit! These Terms of Service ("Terms") govern your access to and use of our mobile games, applications, websites, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

We may update these Terms from time to time. Your continued use of our Services after changes are posted constitutes your acceptance of the updated Terms.

2. Eligibility

You must be at least 13 years old to use our Services. If you are under 18 (or the age of majority in your jurisdiction), you must have your parent or legal guardian's permission to use our Services.

By using our Services, you represent and warrant that:

  • You meet the age requirements stated above
  • You have the legal capacity to enter into these Terms
  • You will comply with all applicable laws and regulations
  • All information you provide is accurate and current

3. Account Registration

Some of our Services may require you to create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Maintain the security and confidentiality of your account credentials
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activities.

4. License to Use Our Services

Subject to your compliance with these Terms, TopiaryBit grants you a limited, non-exclusive, non-transferable, revocable license to:

  • Download, install, and use our games on devices you own or control
  • Access and use our Services for personal, non-commercial purposes

This license does not include the right to:

  • Modify, distribute, or create derivative works of our Services
  • Reverse engineer, decompile, or disassemble our games or applications
  • Remove, alter, or obscure any proprietary notices
  • Use our Services for any commercial purpose without our express permission
  • Use automated systems or software to extract data from our Services

5. User Conduct

You agree not to engage in any of the following prohibited activities:

  • Cheating or Hacking: Using unauthorized third-party software, exploits, hacks, mods, or cheats
  • Harassment: Harassing, threatening, or abusing other users
  • Impersonation: Impersonating others or misrepresenting your affiliation
  • Inappropriate Content: Sharing offensive, obscene, or illegal content
  • Spam: Sending unsolicited messages or advertisements
  • Account Sharing: Selling, trading, or transferring your account
  • Interference: Interfering with or disrupting our Services or servers
  • Illegal Activities: Using our Services for any illegal purpose
  • Data Mining: Extracting data using automated means without permission

Violation of these conduct rules may result in temporary or permanent suspension of your access to our Services.

6. In-App Purchases and Virtual Items

6.1 Purchases

Our games may offer in-app purchases of virtual currency, items, or other content ("Virtual Items"). All purchases are final and non-refundable except as required by law or as stated in our refund policy.

6.2 Virtual Items

Virtual Items have no real-world value and cannot be exchanged for cash or other items of value. Virtual Items are licensed, not sold, and remain our property at all times.

6.3 Pricing

We reserve the right to modify pricing at any time. Price changes will not affect purchases already made.

6.4 Payment Processing

Payments are processed through third-party payment providers (such as Apple App Store or Google Play Store). Their terms and conditions apply to all transactions.

6.5 Refunds

Refund requests should be directed to the platform where you made the purchase (Apple App Store, Google Play Store, etc.). We may provide refunds at our sole discretion for unauthorized charges or technical issues.

7. Intellectual Property Rights

All content, features, and functionality of our Services, including but not limited to:

  • Text, graphics, logos, icons, images, audio clips, and video
  • Software, code, and game mechanics
  • Trademarks, service marks, and trade names
  • Compilations, databases, and overall look and feel

Are owned by TopiaryBit or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

The TopiaryBit name and logo are trademarks of TopiaryBit. You may not use our trademarks without our prior written permission.

8. User-Generated Content

8.1 Your Content

Some of our Services may allow you to create, submit, or share content ("User Content"). You retain ownership of your User Content, but you grant us certain rights as described below.

8.2 License Grant

By submitting User Content, you grant TopiaryBit a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with our Services.

8.3 Content Restrictions

You may not submit User Content that:

  • Violates any law or regulation
  • Infringes on intellectual property rights
  • Contains viruses or malicious code
  • Is defamatory, obscene, or offensive
  • Invades privacy or violates publicity rights

8.4 Content Moderation

We reserve the right (but have no obligation) to monitor, review, and remove User Content that violates these Terms or is otherwise objectionable.

9. Third-Party Services and Links

Our Services may contain links to third-party websites, services, or advertisements. We do not control, endorse, or assume responsibility for any third-party content or services.

Your interactions with third parties, including payment transactions and deliveries, are solely between you and the third party. We are not responsible for any loss or damage arising from such interactions.

10. Disclaimers and Limitations of Liability

10.1 Service Availability

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that our Services will be:

  • Uninterrupted, secure, or error-free
  • Free of viruses or other harmful components
  • Accurate, reliable, or complete
  • Available at any particular time or location

10.2 Limitation of Liability

To the maximum extent permitted by law, TopiaryBit shall not be liable for any:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or use
  • Damages resulting from your use or inability to use our Services
  • Damages relating to Virtual Items or in-app purchases

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

10.3 Exceptions

Some jurisdictions do not allow certain limitations on liability. In such jurisdictions, our liability will be limited to the extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless TopiaryBit, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

  • Your use or misuse of our Services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your User Content

12. Termination

12.1 By You

You may stop using our Services at any time. You may delete your account through the account settings or by contacting us.

12.2 By Us

We may suspend or terminate your access to our Services at any time, with or without notice, for any reason, including:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • Technical or security issues

12.3 Effect of Termination

Upon termination:

  • Your right to use our Services immediately ceases
  • You will lose access to your account and Virtual Items
  • We are not obligated to provide refunds for unused Virtual Items
  • Provisions that should survive termination will continue to apply

13. Updates and Modifications

We reserve the right to modify, update, or discontinue our Services (or any part thereof) at any time with or without notice. We may also:

  • Add, remove, or modify features and functionality
  • Change Virtual Items, pricing, or availability
  • Implement updates, patches, or bug fixes
  • Adjust game balance or mechanics

We are not liable for any modification, suspension, or discontinuance of our Services.

14. Dispute Resolution

14.1 Informal Resolution

If you have a dispute with us, please contact us first at info@topiarybit.com to seek an informal resolution.

14.2 Arbitration Agreement

Any dispute arising from or relating to these Terms or our Services shall be resolved through binding arbitration, except where prohibited by law. You waive your right to a jury trial or to participate in a class action lawsuit.

14.3 Exceptions

Either party may seek injunctive or other equitable relief in court to protect intellectual property rights or confidential information.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Any legal action or proceeding shall be brought exclusively in the courts located in [Your Jurisdiction], and you consent to the personal jurisdiction of such courts.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TopiaryBit regarding our Services.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations without restriction.

16.5 Force Majeure

We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, or internet failures.

17. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

Email: info@topiarybit.com

Legal Inquiries: legal@topiarybit.com

Website: www.topiarybit.com

We will make reasonable efforts to respond to your inquiries promptly.

18. Additional Terms for Specific Regions

European Union Users

If you are located in the European Union, you have certain statutory rights as a consumer. Nothing in these Terms affects those statutory rights.

California Users

California residents have the right to request certain information about our disclosure of personal information to third parties. See our Privacy Policy for details on exercising your California privacy rights.

Australian Users

Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, or condition, right, or remedy implied or imposed by Australian Consumer Law that cannot lawfully be excluded, restricted, or modified.

Acknowledgment

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You also acknowledge that you have read our Privacy Policy and understand how we collect, use, and share your information.

Thank you for being part of the TopiaryBit community!