Terms of Service

Dash Games
Last updated: 04 December 2023

Summary

(i) Upon downloading and playing our Game, you are legally bound by these Terms.

(ii) While it is essential for you to thoroughly read all the Terms, we specifically highlight the significance of Section 8 (detailing our liability to you) and Section 10 (F) (outlining dispute resolution procedures).

(iii) In certain situations, such as technical improvements, we reserve the right to modify the Terms and the Game.

(iv) Section 4 contains several rules; a breach of these rules may result in the suspension of your access to the Game.

(v) For any inquiries or concerns regarding these Terms, please reach out to us via email at contactus@dashgames.co.

1. About

We are Dash Games Ltd, a mobile game developer and publisher incorporated under English law (company number: 14301258), with our registered office located at 40 Weston Avenue, Broadbridge Heath, Horsham, RH12 3XE (referred to hereafter as "Dash Games"). For additional information about us, please visit our website at http://dashgames.co.

Carefully review these terms of service ("Terms") as they govern your participation in our mobile game (the "Game"). Dash Games makes the Game available through the Apple App Store and Google Play.

If you wish to discuss these Terms or the Game, feel free to contact us via email at contactus@dashgames.co or by writing to the aforementioned address.

Please be aware that the Game is not sponsored, endorsed, or affiliated with Apple or Google in any manner.

CHANGES TO THESE TERMS: Dash Games reserves the right to modify these Terms. While we will inform you of significant changes, it is advisable to regularly check for updates.

CHANGES TO THE GAME: We may update the Game to comply with changes in laws, regulatory requirements, or for technical enhancements. Minor changes are unlikely to affect your use of the Game, but for more substantial alterations, advance notification will be provided.

2. Under-18s and social log-in

A. If you are under 18 and have permission to use the Game, kindly share these Terms and our Privacy Policy with your parent or legal guardian. This ensures that both you and your parent or legal guardian comprehend the terms and conditions outlined in these documents (referred to as the "PP").

B. In the future, we may introduce a log-in feature, possibly through platforms like Facebook, Google, and Apple. This feature would enable you to save your progress in the Game and play across different devices. While this feature is optional, opting to use it requires having an account with the relevant provider and adhering to that provider's terms and conditions.

3. Acceptance of these terms

A. These Terms, along with our PP, outline the guidelines for your participation in the Game, and your acknowledgment of our PP is also recognized.

B. By downloading the Game, you agree that you have read and agree to these Terms, acknowledging that they constitute a legally binding contract between you and us.

C. It is important to note that if you obtained the Game from the Apple App Store, no contractual relationship is established between you and Apple due to your acceptance of these Terms. Dash Games assumes sole responsibility for the Game, its content, maintenance, and support, independent of Apple. Your use of the Game is subject to Apple's terms and conditions (the "Apple Terms"), accessible at: http://www.apple.com/legal/internet-services/itunes/ww/. In case of any conflict between these Terms and the Apple Terms, the Apple Terms shall take precedence.

D. If you choose a platform other than Apple, such as Google Play, as your Platform Provider, your download and usage of the Game may be governed by the terms and conditions of that platform (the "Platform Terms"). In the event of a conflict between these Terms and the Platform Terms, the Platform Terms will prevail.

4. Access to and use of the game

A. Downloading the Game:

To install the Game through the Apple App Store, Google Play or any other Platform Provider, it is necessary to have an account with Apple, Google or the relevant Platform Provider. Ensure that you always use the latest version of the Game by checking the app stores or the store of your chosen Platform Provider regularly.

B. Download Charges:

Presently, there is no cost associated with downloading and playing the Game. However, the Game facilitates in-app purchases (discussed further below) and incorporates advertising that allows access to content and features in exchange for viewing specific adverts (also detailed further below).

C. Playing the Game:

The Game is designed to be intuitive and user-friendly. Instructions for gameplay, if needed, are provided within the Game itself.

D. Intellectual Property:

Dash Games owns (or holds a license for) all intellectual property in the Game, encompassing copyright in the underlying software code, visual artwork, graphics, and trademark rights related to the Game's title and other trademarks, whether registered or unregistered, used elsewhere in the Game. By using the Game under license, you do not gain any intellectual property rights. Subject to your compliance with these Terms, Dash Games grants you a non-exclusive, non-transferable, revocable license to access and play the Game for personal and non-commercial entertainment. Breaching any provision of these Terms automatically terminates this license.

E. Commercial Use Prohibited:

Any commercial use of the intellectual property in our Game is strictly forbidden without our prior express written permission.

F. Game Restrictions:

Various restrictions apply to your right to access and play the Game:

i. You may not use the Game improperly or unlawfully, violating any applicable legislation or license.

ii. Compliance with all reasonable instructions provided by us regarding your use of the Game is required.

iii. Any information you provide must be accurate, and you agree to update it when necessary.

iv. You are responsible for all costs associated with the device needed to access and play the Game, including Internet access and required software. Ensure compliance with all applicable third-party terms. You are also responsible for preventing unauthorized access to the Game via your device and must have legal entitlement to own and use the device. You are liable for any charges, costs, or liabilities incurred by others using your device to access the Game with your permission.

v. You must not:

1. Copy, license, sell, trade, alter, create derivative works, or otherwise deal with the Game.

2. Use the Game for illegal activities.

3. Create, use, make available, display and/or distribute cheats, exploits, automation software, robots, bots, hacks, spiders, spyware, scripts, trainers, extraction tools, mining, or other software that interacts with or affects the Game.

4. Disseminate any obscene, violent, threatening, libelous, discriminatory, or otherwise offensive information or materials via the Game.

5. Disseminate any information or materials that would disrupt, slow down, or introduce viruses, Trojan Horses, worms, bombs, corrupted files, and/or other similar destructive devices via the Game.

6. Disseminate any information or materials that would infringe, or might infringe, any intellectual property, including Dash Games' intellectual property.

5. In-app purchases

A. Virtual Currency:

We may provide you with virtual coins and tokens, collectively referred to as "Virtual Items," for use within the Game to make in-app purchases. Virtual Items can be obtained through:

i. Purchasing them with real money.

ii. Receiving them as part of a promotional offer, competition, or action by us or a third party.

iii. Earning Virtual Items within the Game through gameplay.

Specific terms govern your access to and utilization of Virtual Items, outlined in paragraph 4(B) below.

B. Virtual Items' Terms:

The in-game service allowing you to acquire and use Virtual Items is subject to the following terms:

i. Virtual Items are non-redeemable and non-refundable (i.e., they must be used within the Game and have no real monetary value).

ii. Any balance of Virtual Items displayed in the Game, your Apple account, or through another Platform Provider or online wallet related to the Game does not represent a real-world balance or stored value that can be converted to real money. It signifies the extent of your limited license to use those Virtual Items for in-app purchases within the Game.

iii. Virtual Items are personal and non-transferable; you cannot gift, sell, license, redeem, assign, transfer, or dispose of them to any other person.

iv. Your right to use Virtual Items terminates if your Apple or other Platform Provider account is suspended or closed, following these Terms, Platform Terms, and/or Apple Terms (as applicable), or if we suspend or close your account. Your Virtual Items will also be lost if you don't log in via Facebook and delete the Game from your device.

C. Price:

The price for Virtual Items (the "Price") is the amount indicated within the Game at the time of purchase. If you reside in the United Kingdom or European Union, the Price includes any applicable value-added or similar sales tax. We reserve the right to modify the Price and specifications for any Virtual Item for reasons such as balancing or updating the Game, security or legal considerations, or to reflect changes in our business practices.

D. Errors and Mistakes:

Recognizing that absolute freedom from errors and incompleteness is unattainable in computer software and Game operations, please promptly notify us at contactus@dashgames.co if you identify any errors or incompleteness. You agree not to exploit such errors or incompleteness knowingly or otherwise, and we retain the right to recover any advantage gained from them, along with associated costs, damages, and expenses.

E. Cooling-Off Period:

If you are in the European Union and purchase a Virtual Item, you may be eligible for a refund during a 14-day cooling-off period, provided you haven't downloaded or used the Virtual Item. You can waive this right if you choose to download or use the Virtual Item immediately. To exercise your rights under the cooling-off period, email contactus@dashgames.co, and the Virtual Item will be removed from your account with a refund of any payments made. Refer to Apple's terms and conditions for their general refund policy and make any refund requests directly to Apple via your Apple account.

F. Promotions:

Virtual Items may be offered as part of a promotional offer, and additional terms and conditions may apply. Before participating in any promotional offer, carefully read any additional terms and conditions, as your participation implies acceptance and legal agreement to such terms.

6. In-app adverts and third party websites

A. Dash Games has the potential to generate revenue by featuring advertisements for third-party goods and/or services within the Game. This includes displaying ads that may catch your attention and prompt responses while using the Game, such as suggestions for other mobile applications you might find interesting. These advertisements may also offer additional content and features in exchange for watching them.

B. Some links, including hypertext links, within the Game may redirect you outside the Game or its hosting platform. This includes instances where you engage with an ad recommending another app, as explained in paragraph 5(A) above. Such redirection does not constitute an endorsement by Dash Games of the linked site, its operator, or its content. You acknowledge that Dash Games lacks control over the content on these external websites and cannot guarantee the accuracy, integrity, or quality of the content. These sites may have their own terms, privacy policies, and cookie policies, which we advise you to review attentively. Accessing such sites is at your own risk.

7. Representations and warranties in relation to the game and services

A. Dash Games will employ all reasonable skill and care to ensure the availability of the Game to you. However, Dash Games cannot assure the continuous availability of the Game or guarantee the accuracy, completeness, currency, or reliability of any content, materials, or information within the Game (or provided as part of the Game) originating from third parties, including our licensors or third-party partners.

B. Except as explicitly stated in these terms, the Game and all associated materials and information provided through the Game are presented on an "as is" basis without any assurance of any kind. All conditions, statements, and warranties, including reliability, completeness, accuracy, fitness for a particular purpose, or non-infringement, are expressly excluded to the maximum extent permissible by law.

C. Without limiting the above, Dash Games does not guarantee or promise that the Game and all materials and information provided through it will meet your expectations.

8. Limitations of liability

A. Liability Exclusions and Exceptions:

Nothing in these Terms of Service will exclude or limit our liability in situations where such exclusion or limitation is prohibited under applicable law. We acknowledge specific instances where we are responsible for losses or damages you may incur, as outlined below:

i. Unlawful Circumstances: Our liability is not excluded or limited in situations where it would be unlawful to do so. This includes:

- Death or personal injury resulting from our negligence (or the negligence of our employees, agents, or subcontractors).

- Fraud or fraudulent misrepresentation.

- Breach of your legal rights.

- Defective products.

ii. Personal Use Limitation: We supply the Game for domestic and private use only. If the Game is used for commercial, business, or resale purposes, we disclaim any liability for loss of profits, business interruption, or business opportunity.

iii. Foreseeable Loss: We are responsible for foreseeable loss or damage resulting from our failure to comply with these Terms, provided such loss or damage is a foreseeable consequence of our breach or failure to exercise reasonable care and skill. We are not liable for any loss or damage that is not foreseeable.

B. Exclusion of Warranties and Representations:

The express terms of these Terms replace all warranties, representations, conditions, terms, undertakings, and obligations that would be implied or incorporated but for these Terms. All such implied terms are excluded to the fullest extent permitted by law.

C. Limitations of Liability:

Subject to paragraph 7(A), we shall not be liable for, among other things:

i. Losses Arising from Game Use: Any losses arising from your use of the Game or its content, including technical inaccuracies, errors, or omissions, unavailability of the Game, loss of content or data, and any loss or damage resulting from links to third-party websites.

ii. Identity and Account Security: Any loss incurred as a result of someone else using your identity, log-in details, password, or account, with or without your knowledge.

iii. Third-Party Advertising: Any loss or damage arising from actions by third-party advertising partners.

iv. Technologically Harmful Material: Any loss or damage caused by technologically harmful material that may infect the devices you use to access the Game.

D. Remedy for Content Loss or Damage:

In the event of any loss or damage to content, including data, your sole remedy is for us to use reasonable endeavors to restore the lost or damaged data or content from the latest backup maintained by us.

E. Maximum Aggregate Liability:

Notwithstanding the above, our maximum aggregate liability to you for your use of the Game shall not exceed the higher of the total amount you have paid to us under these Terms during the twelve (12) months immediately preceding the event causing the liability.

9. Termination

A. Changes to Game Availability and Features:

We reserve the right to remove the Game from the Apple App Store or any other platform and may cease, provide, or modify the Game's features in accordance with these Terms. In such cases, the Apple App Store and other platforms should allow you to continue playing the version of the Game you downloaded and use any Virtual Items you have acquired but not yet utilized, subject to these Terms.

B. Termination and Suspension:

We have the authority to:

i. Terminate or suspend your use of the Game or any functionality within it immediately and for any reason, especially if fraudulent activity is suspected.

ii. Permanently cease providing the Game, attempting to provide at least 30 days' notice (where possible), and providing a full or partial refund where appropriate.

iii. Verify your information by requesting specific documents and reject your Game access requests if deemed necessary.

iv. Take measures, including technical or legal steps, to terminate or suspend your use of the Game if there is a reasonable belief of non-compliance with these Terms.

v. Decide to terminate, suspend, or reject your account, with the possibility of sharing your name and email address, notifying third parties (including Apple and/or other applicable Platform Providers).

If your Game use is terminated due to a violation of these Terms, any unclaimed Virtual Items will be forfeited. If the termination is our decision, you may claim any unclaimed Virtual Items within 30 days of termination, after which they will be forfeited, unless regulatory prohibitions are present, and evidence is provided.

C. Uninstalling the Game:

You have the option to uninstall the Game from your device at any time. However, this action will result in the loss of all accumulated Virtual Items up to the date of de-installation. If you wish to have your data wiped at any time, please email us at contactus@dashgames.co with your request, and we will process it accordingly.

10. General

A. Non-waiver of Rights:

Any failure or delay on our part to enforce any of our rights under these Terms will not be construed as a waiver or relinquishment of such rights.

B. Third-Parties:

These Terms are crafted for the benefit of and enforceable solely by you, Dash Games, Apple, its subsidiaries, and other Platform Providers. Only these entities have the right to take action against you for any breaches of these Terms.

C. Severability:

Should any part of these Terms be deemed illegal, invalid, or unenforceable, that specific part will be considered not to form part of these Terms to that extent. However, the remainder of these Terms will remain valid and enforceable.

D. Rights and Obligations:

We reserve the right to assign our rights and transfer our obligations under this contract to any third party, provided such actions do not impede your legal rights. This includes the ability to sub-license and/or sub-contract our rights and obligations under these Terms to a third party, either with your consent or without affecting your legal rights.

E. Entire Agreement:

These Terms, along with the PP, constitute the entirety of our obligations and liabilities regarding the Game and supersede any prior agreements or understandings between us.

F. Governing Law, Disputes, and Resolution:

These Terms are governed by and construed in accordance with English law. Any disputes arising in connection with these Terms fall under the non-exclusive jurisdiction of the English courts. If you reside in the EU, you can also avail yourself of any mandatory laws in your country of residence. Both parties commit to making reasonable and good faith efforts to informally resolve any disputes, typically within a 30-day period, unless exceptional circumstances exist. In case of legal claims, you may send it to contactus@dashgames.co