01Acceptance of terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Kantrip LTD ("Kantrip", "we", "us" or "our"), a company registered in England and Wales (company number 17180476), governing your access to and use of our websites, games and related applications and services (together, the "Services").
By accessing, downloading or using any part of the Services, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use the Services.
02Eligibility
You must be at least 13 years old, and old enough in your country to form a binding contract and to consent to the processing of your personal data, to use the Services. Where a game is directed at, or likely to be accessed by, children, additional age-related restrictions, default settings or parental controls may apply, as described in our Privacy Policy.
If you are a parent or guardian permitting a child for whom you are responsible to use the Services, you accept these Terms on their behalf and are responsible for their use of the Services, including any purchases.
03Licence to use the Services
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Services for your own personal, non-commercial entertainment.
You may not, except to the extent expressly permitted by applicable law: copy, modify, distribute, sell or lease any part of the Services; reverse engineer, decompile or attempt to extract the source code of our software; or use the Services to develop a competing product.
04Accounts
Certain features may require you to create an account or link an existing platform account. You are responsible for maintaining the confidentiality of any credentials and for all activity that occurs under your account, except to the extent any unauthorised activity results from our failure to keep the Services secure. You agree to provide accurate information and to notify us promptly of any unauthorised use. We may suspend or terminate accounts in accordance with Section 15.
05Purchases & virtual items
Our games may offer the ability to purchase virtual items, currencies or other digital content ("Virtual Items"). The following apply to all such purchases:
- Payments are processed by the relevant application marketplace (such as the Apple App Store or Google Play) under their terms, and we do not process or store your payment card details.
- Virtual Items are licensed, not sold, to you. They have no monetary value, cannot be redeemed for cash, and may not be transferred or sold except as expressly permitted within the Services.
- Where a Virtual Item is awarded on a randomised basis (for example, a "loot box" or similar mechanic), we will make the relevant odds or drop rates available, and such items are not offered to users we know to be under 18.
- Subject to your statutory rights and the policies of the relevant application marketplace, purchases of digital content that you have begun to download or access are generally final. Nothing in this section removes any right of withdrawal or refund that applies to you by law.
- We may manage, modify, regulate or remove Virtual Items, including by discontinuing a game. Where we do so in a way that materially affects Virtual Items you have paid for, we will give reasonable advance notice where practicable, and we will provide a refund or other appropriate remedy to the extent required by law or where the affected items were recently purchased and unused.
Nothing in this section affects your statutory rights as a consumer, including your rights in respect of digital content under the Consumer Rights Act 2015.
06Subscriptions
If a game or Service offers a subscription (for example, an auto-renewing membership or pass), the specific price, billing frequency, renewal terms and cancellation method will be presented to you before you subscribe, and any applicable subscription-specific terms will apply in addition to these Terms. Subscriptions are billed and managed through the relevant application marketplace, and you can manage or cancel a subscription through your marketplace account settings. Where the law requires, we will provide renewal reminders and ensure cancellation is at least as straightforward as signing up.
07Acceptable use
You agree not to, and not to permit others to:
- use cheats, exploits, automation software, bots, hacks or any unauthorised third-party software to modify or interfere with the Services;
- disrupt, overburden or impair the operation of the Services or any servers or networks;
- access the Services using unauthorised means or attempt to gain unauthorised access to any account, system or data;
- use the Services for any unlawful, fraudulent, harmful or abusive purpose, or to harass, bully or harm other users; or
- infringe the intellectual property or other rights of Kantrip or any third party.
08User content & reporting
If the Services allow you to submit content (such as usernames, messages or feedback) ("User Content"), you retain ownership of that content but grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, use, reproduce, adapt and display it for the purpose of operating, promoting and improving the Services. You are solely responsible for the User Content you submit and represent that you have the necessary rights to submit it and that it does not violate these Terms or any applicable law.
We may review, moderate, refuse or remove User Content that we reasonably consider breaches these Terms, is unlawful, or is harmful to other users, and we may take action against the account responsible. Where the Services include features that allow interaction between users, we provide a means to report content or behaviour that breaches these Terms; reports can also be sent to the contact address in Section 18. We operate our content and safety practices in line with applicable law, including our obligations relating to user safety.
09Intellectual property
The Services, including all games, software, artwork, audio, text, designs, trademarks and other materials, are owned by or licensed to Kantrip and are protected by intellectual property laws. Except for the limited licence expressly granted in these Terms, no rights are granted to you. "Kantrip" and our logos are trademarks of Kantrip LTD and may not be used without our prior written permission.
10Application marketplace terms
Where you obtain a game through a third-party application marketplace (each, a "Marketplace"), your use is also subject to that Marketplace's terms, and you acknowledge that the Marketplace is not responsible for the Services. The following apply where required by a Marketplace, including the Apple App Store:
- These Terms are between you and Kantrip only, not with the Marketplace. Kantrip, not the Marketplace, is solely responsible for the Services and their content.
- The Marketplace has no obligation to furnish any maintenance or support services in respect of the Services.
- To the extent any warranty is not effectively disclaimed, the Marketplace may, where required, be responsible for a refund of the purchase price (if any); otherwise the Marketplace has no other warranty obligation in respect of the Services.
- The Marketplace is not responsible for addressing any claims by you or a third party relating to the Services, including product liability, failure to conform to legal or regulatory requirements, or consumer protection claims.
- In the event of a third-party claim that the Services or your use of them infringe intellectual property rights, Kantrip, not the Marketplace, is responsible for the investigation, defence, settlement and discharge of that claim.
- You represent that you are not located in a country subject to a relevant government embargo and are not on any relevant prohibited or restricted party list.
- The Marketplace and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.
11Availability & changes
We are continually evolving the Services and may add, modify, suspend or discontinue any part of them, including features, games or Virtual Items, except as required by law and subject to Section 5 in respect of paid Virtual Items. We may also update these Terms from time to time. Where changes are material, we will give you reasonable notice and, where the changes disadvantage you, an opportunity to stop using the Services before they take effect. Your continued use of the Services after the effective date of revised Terms constitutes acceptance of them.
12Disclaimers & your statutory rights
If you are a consumer, you have legal rights that these Terms do not affect, including rights in respect of digital content under the Consumer Rights Act 2015 — for example, that digital content must be of satisfactory quality, fit for purpose and as described. Nothing in these Terms excludes or limits those rights.
Subject to the above, and to the fullest extent permitted by law, the Services are provided "as is" and "as available", and we do not warrant that the Services will be uninterrupted, error-free or secure.
13Limitation of liability
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for any breach of your statutory consumer rights, or for any other liability that cannot be limited or excluded under applicable law.
Subject to the foregoing, and to the extent permitted by law:
- we will not be liable for any loss that was not foreseeable, for any loss arising from your failure to follow reasonable instructions, or for any loss of profits, revenue, data or goodwill arising in the course of a business; and
- our total aggregate liability arising out of or in connection with the Services will not exceed the greater of the total amount you paid to us (or through the relevant Marketplace for our Services) in the twelve months preceding the event giving rise to the liability, or one hundred pounds sterling (£100).
If you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, and the above does not affect the statutory rights referred to in Section 12.
14Indemnity
If you use the Services as a business, or otherwise than as a consumer, you agree to indemnify and hold harmless Kantrip and its officers, employees and agents from and against any claims, losses, liabilities and reasonable expenses arising out of your breach of these Terms, your misuse of the Services, or your violation of any law or the rights of a third party.
If you are a consumer, you are responsible for losses we suffer caused by your breach of these Terms, your misuse of the Services, or your infringement of a third party's rights, where such loss is a foreseeable result of your act or omission. You are not otherwise liable to indemnify us, and nothing in this section affects your statutory rights.
15Termination
You may stop using the Services at any time. We may suspend or terminate your access to all or part of the Services, with reasonable notice where practicable, if you breach these Terms or if we reasonably consider it necessary to protect the Services or other users; we may act without prior notice where the breach is serious or where required by law. Upon termination, the licence granted to you ends and you must cease using the Services. Provisions that by their nature should survive termination will continue to apply.
16General
- Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
- Entire agreement. These Terms, together with our Privacy Policy and any game-specific or subscription-specific terms, form the entire agreement between you and us regarding the Services.
- Assignment. We may transfer our rights and obligations under these Terms to another organisation, and we will tell you in writing if this happens and ensure your rights are not affected. You may not transfer your rights or obligations under these Terms without our prior written consent.
- No waiver. If we do not enforce a provision of these Terms, that is not a waiver of our right to do so later.
- Complaints. If you have a concern about the Services or these Terms, please contact us first using the details in Section 18 so we can try to resolve it.
17Governing law & jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter are governed by the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction, save that if you are a consumer resident elsewhere in the United Kingdom you may also bring proceedings in your local courts, and you benefit from any mandatory consumer protections of the law of your place of residence.
18Contact us
If you have any questions about these Terms, please contact us:
Kantrip LTDRegistered in England & Wales — company number 17180476
Registered office: 66 Paul Street, London, England, EC2A 4NA
legal@kantrip.dev