Terms of Service

1. Agreement

By playing, you agree to these Terms.

These Terms of Service ("Terms") apply to our mobile games (each a "Game"):

• Tumble Pics, for iOS and Android
• Main Street Makeover, for Android

By downloading, accessing or playing a Game, you agree to these Terms. If you do not agree, please do not use the Game. The Games are provided by Fabric Games Ltd. ("we", "us", "our"), a company registered in England and Wales, whose registered office is at Ennis Suite, Unit 4, 419 Wick Lane, London, E3 2PW.

2. Who can play

Our Games aren't for children, and under-18s need a parent's or guardian's permission to buy anything.

Our Games are not directed to children. You must be at least 13 years old to play, and where a higher minimum age of digital consent applies in your country (for example, 14 in Québec, or up to 16 in parts of the EEA), you must meet that age. By playing, you confirm you meet these requirements.

If you are under 18 (or the age of majority where you live), your parent or guardian must agree to these Terms for you, and you need their permission before making any purchase.

3. Your licence to use the Games

We let you play for your own personal enjoyment.

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to download and play each Game for your own personal, non-commercial entertainment, subject to these Terms.

4. Our intellectual property

Everything in our Games is ours — don't copy, reuse, or take it apart.

Each Game and everything in it — including its name, puzzles, images, characters, story, dialogue, artwork, music, audio, code and design — is owned by us or our licensors and is protected by intellectual property laws. Except as permitted by law, you may not:

• copy, reproduce, distribute, publish or publicly display a Game or its content;
• modify, adapt, translate or create derivative works from it;
• reverse engineer, decompile or disassemble a Game, or attempt to extract its source code or assets;
• remove or alter any proprietary notices; or
• use any of our content, characters or branding for commercial purposes.

Fan content: You may share screenshots or recordings of your own gameplay for personal, non-commercial purposes (for example, on social media), provided you do not imply that we endorse you or your content.

5. Acceptable use

Play fairly and lawfully.

You agree not to: use a Game for any unlawful purpose; cheat, hack, exploit bugs, tamper with timers or saved data, or use unauthorised third-party software to gain an advantage or interfere with a Game; attempt to gain unauthorised access to a Game or any related systems; or use a Game in any way that could damage, disable or impair it.

6. Coins, lives, boosts and other virtual items

Virtual items are for use in the Game only. They aren't money, and they live on your device.

Some Games include virtual items such as coins, lives, boosts and time-limited rewards ("Virtual Items"), which you can earn by playing or, in some Games, buy. Virtual Items are licensed to you, not sold: you receive a personal, limited, non-transferable, revocable licence to use them in the Game they belong to. They have no monetary value, cannot be exchanged for money, goods or anything else outside the Game, and cannot be transferred, gifted or sold to anyone else.

Time-limited rewards. Rewards that last for a set period (for example, unlimited lives for an hour) start when they are granted and run in real time, whether or not you are playing.

Saved on your device. Our Games have no accounts. Your progress and Virtual Items are stored only on your device. If you delete the Game, clear its data, or lose, reset or change your device, they may be lost, and we are not able to restore them.

Changes. We may change Virtual Items, including what they do, how they are earned and what they cost, to balance or improve a Game. This does not affect your legal rights in relation to items you have paid for.

7. Purchases

Purchases are optional, paid through your app store, delivered straight away, and generally final.

Some Games offer optional purchases of Virtual Items for real money. Purchases are made through your app store (Apple's App Store or Google Play), which takes payment under its own terms; we never receive your card details. The price, including any applicable taxes, is shown before you confirm a purchase.

Immediate delivery. Purchased Virtual Items are added to the Game as soon as your payment is confirmed. By buying, you ask us to supply them immediately and acknowledge that, once they are delivered, you lose any legal right you may have to change your mind and cancel (such as the 14-day cancellation right in the UK and EEA).

Refunds. Otherwise, purchases are final and non-refundable, except where the law says otherwise. Refund requests are handled by your app store under its refund policy. If you paid and did not receive your items, or something you bought is faulty, email us at hello@fabric-games.com and we will put it right. Your legal rights in relation to faulty digital content are not affected.

Limits and permission. Some offers can be bought only once per player. You are responsible for purchases made on your device or app store account. If you are under 18, you need your parent's or guardian's permission to buy.

If we close a Game. We may stop offering a Game or its purchases. Where we reasonably can, we will give at least 30 days' notice in the Game or on our website so you can use your Virtual Items first. Unused Virtual Items are not refunded when a Game closes, unless the law requires it.

8. Advertising

Some Games show ads from other companies.

Some Games show advertising supplied by third-party ad networks. We do not control or endorse what is advertised, and anything you do with an advertiser is between you and them. Our Privacy Policy explains what data is used for advertising and the choices you have.

9. Updates, changes and availability

Our Games change over time, and parts of them need an internet connection.

We may update a Game, and add, change or remove features, levels and content, at any time. You may need to install updates to keep playing. Some content, such as level art, is downloaded as you play, so parts of a Game need an internet connection; any data charges from your network provider are your responsibility. We do not promise that a Game will always be available, and we may suspend or withdraw it (see section 7 for what happens to purchases).

10. Pre-release versions

Test versions come with rough edges and may change or end without notice.

Main Street Makeover is a pre-release test version, and we may label other Games or features as pre-release, alpha, beta or test. Pre-release versions are made available for testing and evaluation. They are a work in progress and may contain bugs, errors or crashes; be incomplete or change significantly; lose or reset your progress; and be modified, suspended or withdrawn at any time without notice. You use them on this basis.

11. Disclaimer of warranties

Our Games are provided "as is", but your legal consumer rights still stand.

Our Games are provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement. We do not warrant that a Game will be uninterrupted, error-free or secure. Nothing in these Terms excludes or limits any rights you have as a consumer that cannot be excluded or limited under applicable law.

12. Limitation of liability

Our liability is limited — but not for things the law won't let us limit.

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits or goodwill, arising from your use of (or inability to use) a Game. Our total liability arising out of or relating to a Game is limited to the greater of the amount you have paid us for purchases in that Game in the 12 months before the claim arose, or £100.

If digital content we supply damages your device or other digital content because we failed to use reasonable care and skill, we will either repair the damage or pay you compensation.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.

13. Termination

Either of us can end things; the key clauses survive.

We may suspend or terminate your access to a Game at any time, including if you breach these Terms. If we end your access because you seriously breached these Terms, you lose your Virtual Items without refund, unless the law requires otherwise. You may stop using a Game at any time by uninstalling it. Any provisions that by their nature should survive — including intellectual property, disclaimers and limitation of liability — will survive termination.

14. App stores and third-party services

Our Games come through the App Store and Google Play and use other companies' tools, under their terms.

Our Games are distributed through Apple's App Store and Google Play and use third-party services, including analytics, advertising and payment tools. Your use of those platforms and services is subject to their own terms and policies. We are not responsible for third-party services.

If you downloaded a Game from Apple's App Store

• These Terms are between you and us, not Apple. We, not Apple, are responsible for the Game and its content.
• Your licence is limited to using the Game on Apple devices you own or control, as permitted by the App Store's usage rules.
• Apple has no obligation to provide maintenance or support for the Game.
• 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 dealing with any claims you or a third party have about the Game, including product liability, legal or regulatory compliance, consumer protection and intellectual property claims.
• You confirm that you are not located in a country subject to a US Government embargo or designated as "terrorist supporting", and that you are not on any US Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

15. Privacy

How we handle your data is set out separately.

Our Privacy Policy explains how we collect and use your data. By playing a Game, you acknowledge that policy.

16. Changes to these Terms

We may update these; continuing to play means you accept the update.

We may update these Terms from time to time. We will update the "Last updated" date above and, where changes are material, make reasonable efforts to notify you in the Game. Changes take effect when posted; if you continue to play after that, you accept the updated Terms.

17. Governing law and jurisdiction

English law applies — but consumers keep their local protections.

These Terms are governed by the law of England and Wales, and the courts of England and Wales will have jurisdiction. If you are a consumer, you may instead bring proceedings in your country of residence, and you continue to benefit from any mandatory consumer-protection provisions of the law where you live — nothing in these Terms deprives you of that protection.

18. Other terms

A few standard housekeeping points.

If any part of these Terms is found to be unenforceable, the rest still applies. If we do not enforce a right straight away, we can still enforce it later. We may transfer our rights and obligations under these Terms to another organisation, for example if we sell a Game; this will not reduce your rights. You may not transfer your rights under these Terms to anyone else.

19. Contact