1. Acceptance of Terms
These Terms of Service and Disclaimer ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and PixelForgeApps (legal name: Adrian Burcin), an individual developer based in Romania, European Union ("Developer", "we", "us", "our"), governing your use of the Turtle Voyage mobile game application ("Game", "Application").
By downloading, installing, accessing, or playing the Game, you confirm that:
- You have read, understood, and agree to be bound by these Terms
- You are at least 13 years of age, or have the consent of a parent or legal guardian
- You have the legal capacity to enter into this agreement in your jurisdiction
These Terms apply regardless of the platform or device through which you access the Game.
2. License to Use
Subject to your compliance with these Terms, the Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
- Download and install the Game on devices you personally own or control
- Play the Game for your personal, non-commercial entertainment purposes
This license does not include the right to:
- Copy, reproduce, modify, adapt, translate, or create derivative works of the Game
- Distribute, sell, rent, lease, sublicense, or otherwise transfer the Game or any rights therein
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Game
- Remove, obscure, or alter any proprietary notices, labels, or marks in the Game
- Use the Game for any commercial purpose or for any public display
- Use automated bots, scripts, or cheats to interact with the Game
- Exploit, distribute, or publicly communicate any bugs, glitches, or errors in the Game
3. Intellectual Property
The Game, including but not limited to its graphics, artwork, animations, sound effects, music, text, game mechanics, code, and overall design, is the exclusive intellectual property of Adrian Burcin and is protected by copyright law, trademark law, and other applicable intellectual property laws in Romania and internationally.
All rights not expressly granted in these Terms are reserved. Nothing in these Terms shall be construed as transferring any intellectual property rights to you.
The name "Turtle Voyage", the Shelly character, all associated artwork, logos, and visual elements are proprietary to Adrian Burcin. Unauthorized use of any of these elements is strictly prohibited.
4. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Developer expressly disclaims all warranties, including but not limited to:
- Any implied warranty of merchantability, fitness for a particular purpose, or non-infringement
- Any warranty that the Game will be uninterrupted, error-free, virus-free, or free of other harmful components
- Any warranty that defects in the Game will be corrected
- Any warranty that the Game will meet your requirements or expectations
- Any warranty regarding the accuracy, reliability, or completeness of any content within the Game
- Any warranty that the Game is compatible with your specific device, operating system version, or hardware configuration
You assume all risk associated with the use of the Game. Your use of the Game is solely at your own risk.
5. Limitation of Liability
This limitation applies to all types of damages, including but not limited to:
- Direct, indirect, incidental, special, consequential, or punitive damages
- Loss of data, loss of profits, loss of goodwill, or loss of business opportunities
- Damages resulting from device malfunction, overheating, battery drain, or hardware failure
- Damages resulting from interruption or cessation of service
- Damages resulting from bugs, viruses, Trojan horses, or similar harmful components
- Damages resulting from your reliance on any content obtained through the Game
- Personal injury or property damage of any nature resulting from use of the Game
- Any physical, psychological, or health-related effects arising from extended gameplay
This limitation of liability applies regardless of the legal theory on which the claim is based (contract, tort, negligence, strict liability, or otherwise), and even if the Developer has been advised of the possibility of such damages.
In jurisdictions where limitation of liability for consequential or incidental damages is not permitted, the Developer's liability is limited to the maximum extent permitted by law. In such jurisdictions, the Developer's total aggregate liability shall not exceed the amount you paid for the Game (which, for a free application, is zero).
6. Play at Your Own Risk
You acknowledge and agree that:
- You play Turtle Voyage entirely at your own risk
- The Developer makes no representation that the Game is appropriate or available for use in any particular location or jurisdiction
- Extended use of mobile games may cause eye strain, headaches, repetitive strain injuries, or other physical discomforts — you are solely responsible for taking appropriate breaks
- The Developer is not responsible for any addiction, compulsive gameplay behaviour, or excessive time spent playing
- Parents and guardians are solely responsible for monitoring minors' gameplay habits and screen time
- The Developer is not responsible for any in-game decisions, strategies, or outcomes
- Loss of in-game progress due to device failure, uninstallation, or any other reason is not the Developer's responsibility
7. In-App Purchases
The current version of the Game is free to download and play. Future versions may offer optional in-app purchases. Regarding any such purchases:
- All purchases are processed through the Google Play billing system and are subject to Google Play's Terms of Service
- All purchases are final and non-refundable, except where required by applicable law or Google Play's refund policy
- The Developer is not responsible for unauthorized purchases made on your account or device
- Virtual items, currencies, or content purchased within the Game have no real-world monetary value and cannot be exchanged for real money
- The Developer reserves the right to modify, discontinue, or remove any in-app purchase item at any time without notice or compensation
- It is your responsibility to set up appropriate parental controls on your device to prevent unauthorized purchases by minors
8. User Conduct
You agree not to use the Game in any manner that:
- Violates any applicable local, national, or international law or regulation
- Is fraudulent, deceptive, or misleading
- Involves cheating, hacking, or exploiting bugs to gain an unfair advantage
- Infringes upon the intellectual property rights of the Developer or any third party
- Interferes with or disrupts the integrity or performance of the Game
- Attempts to gain unauthorised access to any portion of the Game or its related systems
9. Availability and Updates
The Developer reserves the right, at any time and without notice, to:
- Modify, suspend, or discontinue the Game or any part thereof
- Update, patch, or alter the Game's content, features, or functionality
- Impose limits on certain features or restrict access to parts of the Game
- Terminate the Game entirely
The Developer shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Game. You agree that the Developer has no obligation to maintain, support, update, or provide patches for the Game.
10. Third-Party Platforms
The Game is distributed through the Google Play Store. Your use of the Google Play Store is subject to Google's own Terms of Service and Privacy Policy. The Developer is not responsible for Google's policies, practices, or actions, including but not limited to their policies on app removal, refunds, or account suspension.
Links or references to third-party websites or services within the Game do not constitute endorsement by the Developer. The Developer is not responsible for the content, accuracy, or practices of any third-party websites or services.
11. Indemnification
You agree to defend, indemnify, and hold harmless the Developer from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:
- Your use of or inability to use the Game
- Your violation of these Terms
- Your violation of any third-party rights
- Any claim that your use of the Game caused damage to a third party
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Romania and, where applicable, the laws of the European Union, without regard to conflict of law principles.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Game shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be subject to the exclusive jurisdiction of the competent courts of Romania.
If you are a consumer resident in the European Union, you may also have the right to use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
13. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible.
14. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Developer with respect to the Game and supersede all prior agreements, representations, warranties, and understandings, whether written or oral.
15. Changes to These Terms
The Developer reserves the right to modify these Terms at any time. When changes are made, the "Last updated" date at the top of this page will be revised. Continued use of the Game after any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
16. Contact
For any questions regarding these Terms, please contact:
- Developer: PixelForgeApps (Adrian Burcin)
- Email: adrian.burcin@yahoo.com
- Country: Romania, European Union