These Terms of Use (the "Terms") govern your use of the mobile games, the website at triotapgames.com and the related services (together, the "Services") offered by Triotap Games. Triotap Games is a trade name of Michael Landau, an independent developer resident in Israel ("Triotap", "we", "us"). By installing, opening or playing one of our games, or by using the website, you agree to these Terms. If you do not agree, do not use the Services.
1.1 These Terms, our Privacy Policy and any rules we publish for a particular game, event or promotion ("Additional Rules") form the whole agreement between you and Triotap about the Services. If Additional Rules conflict with these Terms, the Additional Rules apply to the matter they cover.
1.2 Our games are distributed through app marketplaces operated by Apple and Google (each a "Store"). The Store's own terms also apply to downloads, payments and your Store account. Section 16 contains terms the Stores require us to include.
1.3 If these Terms give you fewer rights than the mandatory consumer protection law of the country in which you habitually reside, that law prevails to the extent of the conflict. Nothing in these Terms excludes any liability that cannot be excluded by law.
1.4 Capitalised words have the meanings given where they first appear in quotation marks. "Including" means including without limitation.
2.1 You must be at least 13 years old to use the Services. If you live in the European Economic Area ("EEA") or the United Kingdom and are younger than the age at which you can consent to the processing of your personal data under local law (16 in most countries), a parent or legal guardian must approve your use.
2.2 If you are under the age of majority where you live, you may use the Services only if a parent or legal guardian has read these Terms, agrees to them on your behalf and supervises your play. That parent or guardian is responsible for everything done through the installation they approved, including purchases.
2.3 We may ask for proof of age or of parental approval at any time and may suspend the Services until we receive it.
2.4 You may not use the Services if we have previously ended your access for breach of these Terms, or if Section 18 prohibits it.
3.1 We may change these Terms. When we do, we update the version and date at the top of this page. If a change materially reduces your rights or increases your obligations, we will give notice inside the game or on triotapgames.com at least 30 days before it takes effect, unless the change is required by law or addresses a security or legal risk, in which case it may take effect immediately.
3.2 If you do not accept a change, stop using the Services before it takes effect. Using the Services after that date means you accept the change. If you live in the EEA or the United Kingdom and a change is to your material disadvantage, you may end this agreement with immediate effect by deleting the game and emailing us.
3.3 We may add, change or remove features, levels, Virtual Items, events and game modes, and we may discontinue a game or the Services as a whole. Where we discontinue a game, we will try to give at least 30 days' notice inside the game. Your statutory rights under Section 13 are not affected.
4.1 Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and play our games on mobile devices that you own or control, for your private, non-commercial entertainment.
4.2 The games are licensed to you, not sold. The software, artwork, animation, sound, music, text, level designs, puzzle generation, game mechanics, names, logos and the look and feel of the games belong to Triotap or its licensors and are protected by copyright, trade mark and other laws. These Terms give you no right or title in any of them other than the licence in Section 4.1.
4.3 We may release updates, including updates that install automatically or that are needed to keep playing. Some updates fix security problems, and we recommend installing them promptly. We may stop supporting older versions of a game or of an operating system.
5.1 Our games do not require a user account. Your progress is stored on your device and, where the game offers cloud saving, in our cloud service under a random player identifier created by the game. Deleting the game, resetting your device, resetting that identifier or changing devices may cause progress to be lost. We will try to help you restore progress through support, but we cannot promise that restoration is possible.
5.2 Progress, scores, streaks and other records generated by playing are part of the Services and remain our property. You may not sell, rent, share or transfer an installation, a saved game or a player identifier to anyone else, and you may not use anyone else's.
5.3 We may delete saved progress associated with a player identifier that has not been used for 24 consecutive months.
6.1 "Virtual Items" means in-game coins, power-ups, boosters, gifts, rewards and any other digital item or feature made available in a game, whether earned by playing, received as a gift or reward, or bought.
6.2 You do not own Virtual Items. You receive a limited, personal, non-transferable, revocable licence to use them inside the game in which they were obtained, for as long as these Terms allow you to play. Virtual Items have no monetary value, cannot be redeemed for money or anything of value outside the game, and cannot be transferred, sold, gifted or exchanged outside the game. Any attempt to do so is void and is a breach of these Terms.
6.3 Our games can be played without buying Virtual Items. Where we offer Virtual Items for payment, the item, the price and any applicable taxes are shown before you confirm the purchase through your Store.
6.4 We may change the price, availability, effect, appearance or balance of Virtual Items at any time, add new ones and retire old ones. Free Virtual Items, including timed gifts and streak rewards, may expire if not collected or used within the period shown in the game. We may remove Virtual Items that were obtained through a bug, a cheat, a fraudulent payment or a breach of these Terms.
6.5 If your access to the Services ends under Section 12, or a game is discontinued under Section 3.3, you lose access to the Virtual Items in it, and we owe you no refund or compensation for them, except where Section 7 or mandatory law provides otherwise.
6.6 Our games are games of skill. They offer no gambling, no real-money prizes and nothing that can be won and exchanged for money. Where a paid feature awards random Virtual Items, we show the odds of receiving each item before you buy, as the Stores require.
7.1 Purchases are made through your Store. The Store, not Triotap, is the merchant of record. It collects payment, issues receipts and holds your payment details; we never see your card number. The Store's terms govern the transaction, and the Store's refund rules apply.
7.2 Prices may differ between Stores and countries and may change. The price shown in the Store at the moment you confirm a purchase is the price you pay. You are responsible for all purchases made through your Store account on a device you control, including purchases by children or others you allow to use the device. Device settings let you require authentication for every purchase, and we recommend turning them on.
7.3 Virtual Items are delivered to the game on the device you bought them with, normally at once and in any case within 24 hours of the Store confirming payment. If an item has not arrived, restart the game and, if it is still missing, contact support with the Store receipt.
7.4 All sales are final, except as provided in this Section or by law. If you believe you were charged in error, tell us or the Store within 30 days of the charge so that the transaction can still be traced.
7.5 Consumers in the EEA and the United Kingdom have a statutory right to withdraw from a purchase of digital content within 14 days without giving a reason. By confirming a purchase of Virtual Items you request that we supply them immediately, and you acknowledge that the right of withdrawal is lost once supply has begun, as permitted by Article 16(m) of Directive 2011/83/EU and the equivalent rules in the United Kingdom. If you wish to withdraw before supply begins, write to support@triotapgames.com or use the Store's refund function.
7.6 If a payment is reversed, charged back or refunded by a Store after the Virtual Items were delivered, we may remove those items and any items obtained with them, and may suspend the Services until the matter is resolved. Where we incur fees or losses from a chargeback made in bad faith, we may recover them from you.
7.7 If we offer subscriptions, the price, the billing period and the renewal terms are shown before you subscribe. Subscriptions renew automatically unless cancelled through your Store at least 24 hours before the end of the current period. Cancelling stops future charges; it does not refund the current period, except where the law requires a proportionate refund.
8.1 You may use the Services only as they are meant to be used: through unmodified copies obtained from a Store, on a device whose operating system has not been altered to remove its security protections.
8.2 You must not, and must not help anyone else to:
8.3 We may use technical measures to detect breaches of this Section, including checks for modified clients and unusual play patterns.
9.1 We may run timed events, challenges, win streaks, daily or hourly gifts, contests, sweepstakes and other promotions ("Promotions"). Additional Rules shown in the game or on our website apply to each Promotion and prevail over these Terms for that Promotion.
9.2 Unless the Additional Rules say otherwise:
9.3 If we find that a reward was obtained through cheating, multiple installations, fraud or a breach of these Terms, we may withhold or remove it and, if it has already been used, remove Virtual Items of equivalent value.
10.1 If you send us ideas, suggestions, bug reports or other feedback ("Feedback"), you agree that we may use it for any purpose without payment or credit, and you assign to us any intellectual property rights in it to the extent the law permits. Do not send Feedback that is confidential or that belongs to someone else.
10.2 If you send us screenshots, recordings or other material in a support request, you grant us a non-exclusive, worldwide, royalty-free licence to use it to handle your request and to improve the Services. You confirm that you have the right to send it.
10.3 Our games currently have no chat, forums or other features for sharing content with other players. If we add such features, Additional Rules will apply to them.
11.1 "Triotap Games", our logos and the names of our games are our trade marks. You may not use them without our written permission, except to refer to the games truthfully.
11.2 If you believe that material in the Services infringes your copyright, email support@triotapgames.com with:
11.3 We will review the notice and may remove the material. We may send a copy of the notice to the person who supplied the material and may act on a counter-notice as the law allows. We end the access of repeat infringers.
12.1 We may suspend, restrict or end your access to all or part of the Services, remove Virtual Items and delete progress if:
12.2 Unless a breach is serious or urgent, we will tell you the reason inside the game or by email where we have one, and you may appeal by writing to support@triotapgames.com within 30 days. We will review the decision and reply.
12.3 You may end this agreement at any time by deleting our games from your devices and, if you want your cloud-saved progress deleted as well, emailing us.
12.4 When your access ends for any reason, the licence in Section 4 ends and you lose access to Virtual Items and progress. Sections 5.2, 6, 10, 11 and 13 to 20 continue to apply.
13.1 If you live in the EEA or the United Kingdom: we must supply the Services in conformity with the contract, including any Additional Rules and the description in the Store. If a game does not conform, you have the remedies provided by the law of your country, which may include repair, a price reduction or termination. Report a problem to support and we will try to fix it free of charge within a reasonable time. We will provide the updates needed to keep the game in conformity for as long as you may reasonably expect, given the nature of the game and the Store listing.
13.2 If you live anywhere else: the Services are provided "as is" and "as available". To the fullest extent the law allows, we make no warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and no warranty that the Services will be uninterrupted, error-free, secure or compatible with your device. Games contain bugs; we fix the ones we find as resources allow.
14.1 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any other liability that cannot be limited by law.
14.2 Subject to Section 14.1, we are not liable for: loss of profit, revenue, business or goodwill; loss of or damage to data, saved games or Virtual Items; indirect, incidental, special, punitive or consequential loss; or any loss that was not a reasonably foreseeable result of our breach when you accepted these Terms.
14.3 Subject to Sections 14.1 and 14.2, our total liability to you for all claims arising out of or relating to the Services is limited to the greater of (a) the amount you paid for Virtual Items in the 12 months before the event giving rise to the claim and (b) USD 50 or its equivalent. If you paid nothing in that period, your sole remedy for dissatisfaction with the Services is to stop using them, to the extent the law allows.
14.4 If you live in the EEA or the United Kingdom, Sections 14.2 and 14.3 apply only to the extent permitted by the law of your country; in particular, we remain liable for foreseeable loss caused by our breach of contract or by our failure to use reasonable care and skill. If you live in Germany, our liability for slight negligence is limited to the foreseeable, contract-typical damage caused by a breach of a material contractual obligation.
15.1 If a third party brings a claim against us because you breached these Terms, infringed their rights or broke the law while using the Services, you will compensate us for the resulting damages, costs and reasonable legal fees, to the extent the claim was caused by your conduct. We will notify you of the claim and let you take part in the defence. This Section does not apply to consumers to the extent their local law prohibits it.
16.1 Apple. If you obtained a game from the Apple App Store: these Terms are between you and Triotap, not Apple; Apple is not responsible for the game or its content; Apple has no obligation to provide maintenance or support for the game; if the game fails to conform to an applicable warranty, you may notify Apple, Apple may refund the purchase price of the game, if any, and Apple has no other warranty obligation; Apple is not responsible for addressing any claim relating to the game, including product liability claims, claims that the game fails to meet a legal or regulatory requirement and claims under consumer protection or similar laws; Apple is not responsible for the investigation, defence, settlement or discharge of any third-party claim that the game infringes intellectual property rights; you must comply with the Apple Media Services Terms and Conditions, including the Usage Rules; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
16.2 Google. If you obtained a game from Google Play, the Google Play Terms of Service apply in addition to these Terms. Google is not a party to these Terms.
16.3 Other platforms. If we distribute a game through another platform, that platform's terms apply in addition to these Terms.
17.1 Consumers in the EEA and the United Kingdom. These Terms are governed by the law of the country in which you habitually reside, and you may bring claims in the courts of that country. We may also bring claims against you there. The European Commission's online dispute resolution platform is available at ec.europa.eu/consumers/odr. We are not obliged to take part in alternative dispute resolution and do not do so unless required by law.
17.2 Everyone else. These Terms are governed by the laws of the State of Israel, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 17.3, the courts of Tel Aviv-Jaffa, Israel, have exclusive jurisdiction, except that either party may seek urgent injunctive relief to protect intellectual property in any competent court, and you may bring a claim in the small claims court of your own country if its law allows.
17.3 Residents of the United States: arbitration agreement and class action waiver. Read this Section carefully; it affects your rights.
18.1 You must comply with the laws that apply to your use of the Services, including the export control and sanctions laws of Israel, the United States, the European Union and the United Kingdom.
18.2 You represent that you are not located in a country or territory under a full trade embargo, that you are not on any sanctions or restricted-party list, and that you are not resident in a country designated as an enemy state under Israeli law.
18.3 We may refuse or end access where providing the Services would breach these laws.
19.1 Entire agreement. These Terms, the Privacy Policy and the Additional Rules are the entire agreement between you and us about the Services and replace any earlier agreement. You have not relied on any statement that is not written in them.
19.2 Severability. If any part of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the rest will remain in force.
19.3 No waiver. If we do not enforce a right, we have not waived it. Any waiver must be in writing.
19.4 Assignment. We may transfer our rights and obligations under these Terms to a successor or to a company established to operate the Services, and we will tell you if we do. You may not transfer yours.
19.5 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including Store or network outages, war, terrorism, civil unrest, strikes, pandemics, natural disasters and acts of government.
19.6 Language. These Terms are written in English. If we provide a translation, the English version prevails to the extent the law allows.
19.7 Notices. We give notice inside the game, on triotapgames.com or by email where we have your address. You give notice to the addresses in Section 20.
Triotap Games, Michael Landau, Israel.
Email for all matters, including support, legal notices and privacy requests: support@triotapgames.com