TERMS OF USE
Last Updated: August 25, 2025
TABLE OF CONTENTS
A. Agreement
B. Age Requirement
C. License to Use Publisher’s Apps
D. Grant of Rights
E. Publisher’s App Functionality
F. Third-Party Partners
G. Security
H. Registration and Passwords
I. Uninstall/Removal
J. Consent to Use of Data
K. Intellectual Property
L. Copyright/Submissions
M. Termination
N. Disclaimer of Warranty
O. Limitation of Liability
P. Indemnification
Q. Export Controls
R. Government End User Notice
S. Jurisdictional Issues and Misc.
T. Supplemental Terms

A. AGREEMENT
This End-User License Agreement (“EULA” or “Terms”) is a legal agreement between you and Flying Whale Games sp. z o.o., Żmigrodzka 93b, 51-130 Wrocław, Poland (“Flying Whale Games,” “we,” “us,” or “our”). These Terms govern your use of our mobile applications and related services (collectively, the “Apps”).
By installing or using any App you (a) agree to be bound by these Terms; (b) represent that you own or control the device on which the App is installed; and (c) represent that you have the right, authority and capacity to enter into these Terms. These Terms also apply to updates, supplements and services for an App unless they come with separate terms.
If you do not agree, do not install or use the Apps. We may update these Terms from time to time. If changes are material, we will notify you by reasonable means (e.g., in-app notice). Your continued use after changes become effective constitutes acceptance. If you do not agree, you must stop using the Apps.
Notice to consumers: Depending on your jurisdiction, you may have non-waivable statutory rights. If any provision of these Terms is unenforceable, the remainder remains in effect.
Use of the Apps is subject to our Privacy Policy, incorporated by reference: https://flyingwhalegames.com/privacy-policy. The App stores through which you download the Apps may apply additional terms.

B. AGE REQUIREMENT
You must be 13 years of age or older (or the minimum age of digital consent in your country) to install or use the Apps.
Parents/Guardians: By permitting your child to use an App, you agree to these Terms on your child’s behalf and are responsible for supervision. If you do not agree, do not allow your child to use the Apps.

C. LICENSE TO USE PUBLISHER’S APPS
Subject to your compliance with these Terms, Flying Whale Games grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to download and install the most current generally available version of the App on a device you own or control, solely for your lawful, personal, non-commercial entertainment use.

D. GRANT OF RIGHTS

1. Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (except a single backup copy), make the App available over a network to multiple users, or use it for any third-party benefit. You may not bypass, modify, reverse engineer, decompile, disassemble, or create derivative works of the App (except where such restrictions are prohibited by law). All modifications or enhancements to an App remain our property.
2. App Updates. We may add or remove features at any time and may require you to update an App. Updates may be installed automatically or after notice. We may end support for prior versions when updates are available. We have no obligation to provide updates.
3. Access. You are responsible for the equipment, internet connection and data plans needed to access the Apps. Rates and fees from your provider may apply. We make no representation that the Apps are available on all devices, plans, languages or locations.
4. In-App Purchases & Cancellation Rights. We offer in-app purchases (“IAP”) such as virtual items, consumables, ad-removal, bundles, subscriptions or other content. Payments are processed by the applicable App Store (Apple App Store or Google Play) and are subject to that store’s terms and policies. We do not receive or store your full payment information. Unless required by law or by the App Store’s refund policy, all IAP are final and non-refundable. Virtual items are licensed, not sold, have no cash value, and may not be transferred, traded, redeemed for money, or used outside the Apps. By making an IAP you confirm you are authorized to use the selected payment method (or have parental permission, where applicable) and agree to pay all charges and taxes.\ If you are in the EU/UK and purchase digital content to be supplied immediately, you acknowledge that you lose your statutory right of withdrawal once delivery begins, unless your App Store provides otherwise.
5. Subscription Services. Some Apps may offer subscriptions (e.g., weekly/monthly/annual). Unless you cancel at least 24 hours before the current period ends, your subscription auto-renews at the then-current price. The App Store may offer a free trial that converts to a paid subscription unless cancelled at least 24 hours before the trial ends. Manage or cancel subscriptions in your App Store account settings. Any unused portion of a free trial is forfeited when you purchase a subscription.
6. Trial Periods.From time to time, subscriptions may be offered on a free-trial basis for a fixed period. You may cancel at any time via your App Store account settings before the trial ends to avoid charges.

E. PUBLISHER’S APP FUNCTIONALITY
Apps may offer various features and services that can change over time (“App Functions”). Some features (e.g., approximate location) are for convenience and must not be relied upon where precise information is required. We and our partners do not guarantee availability, accuracy, completeness, reliability or timeliness of any data shown by an App.

F. THIRD-PARTY PARTNERS

1. Third-Party Services & Content. Apps may integrate third-party services, ads, feeds and content subject to those third parties’ terms and privacy policies. We are not responsible for, and do not endorse, third-party websites, resources, content, products or services. You assume all risks arising from your use of them.
2. Access to Third-Party Content via Apps. You may encounter content that you find offensive or objectionable. You accept all risks associated with such content and your reliance on it. We are not liable for content originating from third parties.

G. SECURITY
Consumer technologies are not 100% secure. By using the Apps you acknowledge that information transmitted through them may be subject to unauthorized access or misuse and you accept the associated risks.

H. REGISTRATION AND PASSWORDS

1. Registration. Most Apps do not require registration; some may. Any third-party registration is governed by that party’s terms.
2. Passwords. You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly of any unauthorized use.
3. Provided Information. If you register, you must provide accurate, current information and keep it updated. We may use such information to provide App services consistent with our Privacy Policy.

I. UNINSTALL/REMOVAL
To uninstall an App, use your device’s standard app-management tools. Instructions vary by device and platform.

J. CONSENT TO USE OF DATA
We may collect technical data (e.g., device, OS, crash data, usage) to provide updates, support and improve the Apps, as described in our Privacy Policy (https://flyingwhalegames.com/privacy-policy).

K. INTELLECTUAL PROPERTY
The Apps and all content therein—logos, visual design, graphics, artwork, audio, gameplay elements, code and trademarks—are the exclusive property of Flying Whale Games and its licensors, protected by intellectual-property laws worldwide. Our names, logos and marks (registered or unregistered) may not be used without our prior written consent. Subject to these Terms and the applicable App Store rules, we grant you a limited, revocable license to use the Apps for personal, non-commercial purposes. Except where permitted by law, you may not copy, modify, distribute, sell, lease, reverse engineer or create derivative works of the Apps.

L. COPYRIGHT/SUBMISSIONS

1. Your Content. You are responsible for any content you submit or display through the Apps and must have rights to use it.
2. Copyright Respect. We act appropriately on notices of alleged infringement and may disable access for repeat infringers.
3. Objectionable Content. We may remove content we deem unlawful, harmful, hateful, harassing, invasive of privacy, obscene, spam, or containing malware.
4. Screening & Disclosure. We may (but are not obligated to) monitor submissions. We may disclose content or information if required by law or to protect rights, safety or enforce these Terms.
5. Ownership of Submissions. Unless otherwise stated, you retain ownership of your content but grant us a worldwide, royalty-free, sublicensable license to use it for operating and promoting the Apps. If you voluntarily send ideas or suggestions (“Submissions”), you agree they become our property without obligation to you, and you waive any moral rights in them to the extent permitted by law.
6. Copyright Notices. If you believe content infringes your copyright, contact us at legal@flyingwhalegames.com (or info@flyingwhalegames.com) with details sufficient to identify the work and the allegedly infringing material. We will respond consistent with applicable law (including, where relevant, the U.S. DMCA).

M. TERMINATION
Your rights under these Terms terminate automatically if you fail to comply. We may modify, suspend or discontinue access to any App at any time. Upon termination you must cease use and delete all copies of the App. Sections J–S (and any Supplemental Terms) survive termination.

N. DISCLAIMER OF WARRANTY
To the fullest extent permitted by law, the Apps are provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE.” We and our affiliates, licensors and suppliers disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, availability and non-interruption. We are not responsible for property damage, unauthorized access, transmission failures, malware, or errors arising from use of the Apps. Some jurisdictions do not allow certain disclaimers; in such cases, the disclaimers apply to the maximum extent permitted.

O. LIMITATION OF LIABILITY
To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential or exemplary damages (including loss of profits, data, goodwill or use), even if advised of the possibility. Our total liability for all claims shall not exceed the amount you paid (if any) for the App or USD 100, whichever is greater. If any exclusion is unenforceable, all warranties (if any) are limited to 30 days from first access.

P. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Flying Whale Games, its affiliates, directors, employees and agents from any third-party claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising from your use of the Apps, violation of these Terms, or infringement of any third-party right.

Q. EXPORT CONTROLS
The Apps and underlying technology may be subject to export, re-export and sanctions laws. You agree to comply with all applicable restrictions and represent that you are not located in or targeted by a sanctioned jurisdiction and are not a prohibited party.

R. GOVERNMENT END USER NOTICE
The Apps are “commercial computer software” and “commercial computer software documentation.” Government end users acquire only those rights set forth in these Terms.

S. JURISDICTIONAL ISSUES AND OTHER MISC.
We do not represent that the Apps are appropriate or available in all locations; access may be restricted at our discretion. Governing law: the laws of Poland (without regard to conflicts of laws). Venue: the courts of Wrocław, Poland shall have exclusive jurisdiction over disputes arising from these Terms, subject to any mandatory consumer-protection rights in your country of residence. No failure to enforce any provision is a waiver. If any provision is invalid, the remaining provisions remain in effect. Limitation period: any cause of action relating to the Apps must commence within three (3) years after accrual.

T. SUPPLEMENTAL TERMS
Apple App Store. If you access an App on an Apple device, you acknowledge and agree that: (1) these Terms are between you and Flying Whale Games, not Apple; (2) your license is limited to Apple-authorized devices you own or control and subject to the App Store Terms; (3) Apple has no obligation to provide maintenance or support; (4) in case of non-conformity, your sole remedy against Apple is a refund of the purchase price (if any); (5) Apple is not responsible for claims relating to the App; (6) Apple is not responsible for third-party intellectual-property claims; (7) you are not in a country subject to U.S. embargo or listed as a prohibited party; and (8) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them.
Google Play. If you access an App via Google Play, you acknowledge and agree that: (1) these Terms are between you and Flying Whale Games, not Google; (2) your use is subject to Google Play Terms of Service and Google Play’s refund policies; (3) Google is not responsible for maintenance, support or non-conformity; and (4) Google and its affiliates are third-party beneficiaries and may enforce these Terms.

CONTACT US
Flying Whale Games sp. z o.o.
Żmigrodzka 93b, 51-130 Wrocław, Poland
Email: info@flyingwhalegames.com
Website: https://flyingwhalegames.com/

Notes

• This Terms of Use already makes clear that our content, logos and trademarks are our exclusive property (see Section K).
• It also explicitly confirms we offer in-app purchases and how they work (see Section D.4–D.6).