Terms of Service — Thinking Games

These Terms of Service ("Terms") are a legal agreement between you and Thinking Games Inc. ("Thinking Games", "we", "us") governing your use of our games, applications, and this website. Please read them. By downloading, installing, or using any of our games, you agree to these Terms.

1. Acceptance

If you do not agree to these Terms, do not install or use our games. If you are using a game on behalf of an organisation, you represent that you have authority to bind that organisation.

2. Eligibility

You must be at least 13 years old, or the minimum age of digital consent in your country, to use our games. If you are under the age of majority where you live, you may use our games only with the involvement of a parent or guardian, who agrees to these Terms on your behalf.

3. Licence

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and use one copy of each game on devices you own or control, for your own non-commercial entertainment.

You may not, except where applicable law expressly permits it: copy, modify, or create derivative works of a game; reverse engineer, decompile, or disassemble it; rent, lease, lend, sell, or sublicense it; remove proprietary notices; use cheats, bots, automation, or modified clients; or access a game through any means other than the interfaces we provide.

4. Purchases and virtual items

Some games may offer optional in-app purchases. All purchases are processed by Apple through the App Store under Apple's terms — we do not receive or store your payment details.

Virtual items and in-game currency are licensed to you, not sold. They have no monetary value, cannot be exchanged for real money, and cannot be transferred outside the game.
Prices are shown before you confirm a purchase and may vary by region and over time.
Refunds for App Store purchases are handled by Apple. Request one at reportaproblem.apple.com. Where you have a statutory right of withdrawal or refund under your local consumer law, that right is unaffected by anything in these Terms.
If a game is discontinued, we will give reasonable advance notice where practicable, and will handle outstanding entitlements in accordance with applicable law.

5. Your conduct

When using our games or contacting us, you agree not to: break the law; infringe anyone's rights; harass, threaten, or abuse other players or our staff; upload malicious code; attempt to gain unauthorised access to our systems; or interfere with the normal operation of a game.

6. Content you submit

If a game or feature lets you submit content — a display name, a level, a message to support — you keep ownership of it. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, and display that content solely to operate and support the game and to improve it. You confirm that you have the rights to grant this licence. We may remove content that violates these Terms.

7. Intellectual property

The games, this website, and all associated software, art, audio, text, and trade marks are owned by Thinking Games Inc. or our licensors and are protected by copyright, trade mark, and other laws. Except for the licence in section 3, no rights are granted to you.

"Thinking Games" and our logo are trade marks of Thinking Games Inc. You may not use them without our prior written permission, except for fair uses such as news reporting and review.

8. Apple App Store terms

The following applies to games you obtain through the Apple App Store:

These Terms are between you and Thinking Games Inc. only, not with Apple Inc. ("Apple"). Thinking Games, not Apple, is solely responsible for the game and its content.
Your use of the game must comply with the App Store Terms of Service in effect at the time.
Apple has no obligation to furnish any maintenance or support services for the game.
In the event of any failure of the game 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.
Thinking Games, not Apple, is responsible for addressing any claims relating to the game, including product liability claims, any claim that the game fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation.
Thinking Games, not Apple, is responsible for the investigation, defence, settlement, and discharge of any third-party claim that the game infringes that party's intellectual property rights.
You represent that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any US 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.

9. Privacy

Our handling of personal data is described in our Privacy Policy, which forms part of these Terms.

10. Disclaimer of warranties

To the fullest extent permitted by law, our games and this website are provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that a game will be uninterrupted, error-free, or free of harmful components, or that defects will be corrected.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. Nothing in these Terms limits your non-waivable statutory rights as a consumer.

11. Limitation of liability

To the fullest extent permitted by law, Thinking Games will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or lost game progress, arising out of or relating to your use of our games or website, even if we have been advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to these Terms will not exceed the greater of (a) the total amount you paid to us for the game in question in the twelve months before the event giving rise to the claim, and (b) US$50.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law.

12. Indemnity

You agree to indemnify and hold harmless Thinking Games Inc., its parent, and their officers, directors, employees, and agents from any claim, demand, loss, or expense (including reasonable legal fees) arising from your breach of these Terms, your misuse of a game, or your violation of any law or third-party right.

13. Suspension and termination

You may stop using our games at any time by deleting them. We may suspend or terminate your access if you materially breach these Terms, if required by law, or if continuing to provide the game to you would create a security or legal risk. Where reasonable and lawful, we will give notice first and an opportunity to remedy the breach. Sections 6 through 12, 14, and 15 survive termination.

14. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. The courts located in Delaware will have exclusive jurisdiction, and you consent to their jurisdiction and venue.

If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose law grants you the right to bring proceedings in your local courts and to the protection of mandatory local consumer law, that right is unaffected by this section.

You and we agree to try to resolve any dispute informally first. Please write to support@thinking.games before commencing formal proceedings.

15. General

Changes. We may update these Terms. We will post the revised version here and update the "Last updated" date. Material changes take effect no earlier than 30 days after posting, except where an earlier date is required by law or security. Continuing to use a game after that date means you accept the revised Terms.
Severability. If any provision is held unenforceable, the rest remains in force and the unenforceable provision will be modified to the minimum extent necessary.
No waiver. Our failure to enforce a provision is not a waiver of it.
Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding our games and website.

16. Contact

Questions about these Terms:

Emailsupport@thinking.games
PostThinking Games Inc.
Attn: Legal
850 New Burton Road, Suite 201
Dover, Delaware 19904
United States