These Terms of Service (the “Terms”) are an agreement between you and JumpBox (“we”, “us”, “our”) and govern your use of Smash Tide (the “Game”) on iPhone and iPad. By downloading, installing or playing the Game you agree to these Terms. If you do not agree, please do not use the Game.
These Terms apply in addition to Apple’s Licensed Application End User License Agreement (the “Apple EULA”) and the App Store Terms. If they conflict, the Apple EULA prevails to the extent of the conflict. Our Privacy Policy explains how information is handled.
The short version
- You must be at least 13 years old to play. If you are under the age of majority where you live, you need a parent’s or guardian’s permission, including for purchases.
- Coins, lives, boosters, balls and other in-game items have no real-world value and cannot be exchanged for money.
- Your progress is saved only on your device. If you delete the Game or change devices, your progress and items can be lost. No Ads can be restored with Restore Purchases.
- Purchases are made and refunded through Apple.
- Play fair: no cheats, hacks, bots or exploits.
1. Who can play
The Game is rated 13+. You may use the Game only if you are at least 13 years old. If you are under the age of majority in your country, you confirm that a parent or legal guardian has reviewed and agreed to these Terms for you and allows you to make any purchases. Parents can manage purchases with Apple’s Screen Time and Ask to Buy features.
2. Your licence to use the Game
Subject to these Terms and the Apple EULA, we give you a personal, limited, non-exclusive, non-transferable, revocable licence to download and play the Game for your own non-commercial entertainment on Apple devices that you own or control. You may not:
- copy, sell, rent, lend, sublicense or distribute the Game or any part of it;
- modify, translate, decompile, disassemble or reverse engineer the Game, or create derivative works from it, except where the law expressly allows this;
- remove or change any copyright, trademark or other notices;
- use the Game for any unlawful purpose.
3. Your progress and game data
The Game does not use accounts. Your progress, coins, lives, boosters, balls, settings and purchase status are saved on your device only, and we do not currently offer cloud saving or transfer between devices. This means:
- if you delete the Game, reset or lose your device, or move to a new device, your progress and in-game items (including consumable items you bought, such as coins and boosters) may be lost, and we cannot restore them;
- non-consumable purchases (No Ads) are tied to your Apple ID and can be restored on any of your devices with Restore Purchases in the Game’s Settings.
If we add cloud saving in the future, we will explain how it works in the Game and update these Terms and our Privacy Policy.
4. Virtual items
The Game includes virtual items such as coins, lives, unlimited-lives time, boosters (rockets and bombs) and balls (“Virtual Items”). You can earn some Virtual Items by playing, and you can get others through in-app purchases.
- Virtual Items are licensed to you, not sold. You do not own them, and they have no monetary value.
- Virtual Items cannot be sold, transferred, traded or exchanged for money, goods or anything of value outside the Game, and they cannot be refunded except as required by law or by Apple’s refund policies.
- Lives refill over time, and unlimited lives last for a set period that counts down in real time from when it is added to your game, whether or not you are playing. These timers use your device’s clock; changing the clock to gain an advantage is not allowed and may cause timers to behave unexpectedly.
- We may change, rebalance, rename or stop offering Virtual Items (for example, their prices in coins, their effects or how they are earned) as part of running and improving the Game. We will not remove Virtual Items you have already obtained without a valid reason, such as an error, fraud or a breach of these Terms.
- If an error gives you Virtual Items you were not entitled to, we may correct it.
5. In-app purchases
- Apple processes all payments. Purchases are made with your Apple ID and are subject to Apple’s terms and payment policies. Prices are shown in your local currency in the Game before you buy, and may include taxes as determined by Apple.
- What you can buy: coin packs; bundles, which may contain coins, boosters, a period of unlimited lives and/or No Ads, as shown on each offer; and No Ads. The contents of each offer are shown before you buy.
- Consumable items (coins, boosters and unlimited-lives time) are added to your game when the purchase is confirmed and are used up as you play. No Ads is a one-time, non-consumable purchase.
- Delivery problems. If you were charged but did not receive your items, first try Restore Purchases (for No Ads) or restart the Game, then contact us with the date of the purchase and the item, and we will help.
- Refunds. All purchases are final, except as required by law. Refund requests are handled by Apple at reportaproblem.apple.com; we cannot issue refunds directly. If Apple refunds a purchase, we may remove the related Virtual Items from your game.
- Offers, bundles and prices may change at any time, but a change will not affect a purchase you have already completed.
6. Advertising and reward videos
The Game is free to play and is supported by advertising. Ads may appear between levels, and the Game offers optional reward videos that you can choose to watch for a reward (for example, extra balls to continue a level, an extra life, or a doubled reward). A reward is given only after the video has been watched to the end, and we do not guarantee that an ad will always be available.
Buying No Ads (on its own or in a bundle that includes it) removes the ads shown between levels. Optional reward videos remain available if you choose to watch them. Ads are provided by third-party networks and are subject to their policies; see our Privacy Policy for your choices about personalised ads.
7. Fair play
You agree not to:
- use cheats, hacks, mods, automation, bots or any unauthorised software to change or gain an advantage in the Game;
- exploit bugs or errors (please report them to us instead);
- manipulate your device’s clock, the Game’s files or saved data, or purchase and ad systems to obtain Virtual Items, rewards or ad-free play without paying or earning them;
- interfere with, overload or disrupt the Game, its ads or the services it uses, or try to get around any security or technical limits;
- use the Game in any way that breaks the law or infringes anyone else’s rights.
8. Ownership
The Game and everything in it – including its name, logo, characters, levels, artwork, animations, music, sound effects, text and software – are owned by us or our licensors and are protected by copyright, trademark and other laws. Except for the limited licence in section 2, these Terms give you no rights in them. If you send us ideas or feedback, we may use them freely without any obligation to you.
9. Third-party services
The Game uses services provided by third parties, such as Apple (App Store and in-app purchases), Google (AdMob advertising and Firebase analytics and crash reporting) and possibly Unity (Unity Ads). Your use of those services may also be subject to their terms and policies. We are not responsible for third-party services, websites or ads, or for the content of ads shown in the Game. Links to third-party sites are provided for convenience only.
10. Updates, changes and availability
We may update the Game from time to time to fix bugs, add or remove levels, features or Virtual Items, change balancing, or meet legal and platform requirements. Some updates may be required to keep playing. We do not promise that the Game, or any feature, will always be available, uninterrupted or error-free, or that it will work on every device or iOS version. We may stop offering or supporting the Game at any time; if we do, we will try to give reasonable notice in the Game or on its App Store page.
11. Termination
You may stop using the Game at any time by deleting it. If you seriously or repeatedly breach these Terms, we may suspend or end your licence to use the Game. When these Terms end, the licence in section 2 ends and your Virtual Items are lost. Sections 4, 8, 12, 13, 15, 17 and any other terms that by their nature should survive will continue to apply.
12. Disclaimer
To the maximum extent permitted by law, the Game is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Game will be uninterrupted, secure or free of errors, or that your progress will never be lost. Nothing in these Terms limits any rights you have as a consumer that cannot be limited by law.
13. Limitation of liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, progress or Virtual Items, arising from or related to your use of, or inability to use, the Game. Our total liability to you for all claims relating to the Game is limited to the greater of (a) the amount you paid for in-app purchases in the Game during the 12 months before the event giving rise to the claim, or (b) USD 50. Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you. Nothing in these Terms excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be excluded by law.
14. Apple App Store terms
Because the Game is distributed through Apple’s App Store, you and we acknowledge that:
- these Terms are between you and us only, not with Apple, and we – not Apple – are solely responsible for the Game and its content;
- your licence is limited to using the Game on Apple-branded products that you own or control, as permitted by the Usage Rules in the App Store Terms (the Game may also be used by other accounts in your Family Sharing group, as Apple allows);
- we are solely responsible for providing any maintenance and support for the Game, and Apple has no obligation to do so;
- if the Game fails to meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Game (if any); to the maximum extent permitted by law, Apple has no other warranty obligation for the Game;
- we, not Apple, are responsible for addressing any claims by you or a third party relating to the Game, including product liability claims, claims that the Game fails to meet legal or regulatory requirements, and claims under consumer protection, privacy or similar laws;
- if a third party claims that the Game or your use of it infringes their intellectual property rights, we, not Apple, are responsible for investigating, defending, settling and discharging that claim;
- you confirm that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties;
- you must comply with any applicable third-party terms (such as your mobile data provider’s) when using the Game;
- Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple has the right to enforce them against you as a third-party beneficiary.
15. Governing law and disputes
These Terms are governed by the laws of the Kingdom of Saudi Arabia, without regard to conflict-of-law rules. If a dispute arises, please contact us first – most problems can be solved quickly that way. Any dispute that cannot be resolved informally will be subject to the courts of Jeddah, Kingdom of Saudi Arabia. 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 where the law allows.
16. Changes to these Terms
We may update these Terms from time to time, for example when we change the Game or when the law requires it. The “Last updated” date at the top shows when they were last changed. If the changes are significant, we will let you know in the Game or on its App Store page before they take effect. If you keep playing after the changes take effect, you accept the updated Terms; if you do not agree, please stop using the Game.
17. General
- These Terms, together with the Apple EULA and our Privacy Policy, are the entire agreement between you and us about the Game.
- If any part of these Terms is found unenforceable, the rest stays in effect.
- If we do not enforce a right straight away, we do not give it up.
- You may not transfer your rights under these Terms. We may transfer ours to a company that takes over the Game.
- We are not responsible for delays or failures caused by events beyond our reasonable control.
18. Contact us
Questions, support requests or reports of problems:
JumpBox — Smash Tide
Email: support@jumpbox.io