Draft, review by a lawyer before publishing. Text in [OWNER TO CONFIRM: …] brackets must be completed or checked before these terms go live.
These terms are an agreement between you and Mala, [OWNER TO CONFIRM: legal entity name and registered address] ("Mala", "we", "us"), for the Artmystique game on iPhone, iPad and Android ("the app"), including its online seasons, public auctions, weekly quiz and leaderboards. By installing or playing the app you accept these terms and our Privacy Policy. If you don't agree, please don't use the app.
1. Who can play
You must be at least [OWNER TO CONFIRM: minimum age, for example 13, or 16 in the EEA] to use the app, and old enough to make purchases in your country, or have a parent or guardian's permission. If you use the app for someone else, you accept these terms for them.
2. Your licence to use the app
We give you a personal, non-exclusive, non-transferable, revocable licence to download and use the app on devices you own or control, for your own non-commercial entertainment, subject to these terms and the rules of the store you got it from.
You may not copy, sell, rent, modify, reverse engineer, decompile or create derivative works of the app or our servers, except where the law expressly allows it, and you may not use the app or its content for any commercial purpose.
3. Your account
- The online features use an account that is created anonymously and automatically. You don't need to give us your name or email.
- You can link Sign in with Apple or Sign in with Google to keep your progress across devices. If you don't link an account and you lose your device, uninstall the app or clear its data, your online progress may be lost for good.
- If you switch to an account that was already linked elsewhere, the progress of the anonymous account on this device is dropped; wallets and Vaults are never merged.
- You're responsible for activity on your account. Tell us at support@mala-lab.com if you think someone else is using it.
- You can delete your account at any time in Settings → Delete account and online data. Deletion is permanent and removes your Vault, wallets and standings.
- Your display name is chosen from names the game provides; you can't type your own.
4. Seasons, the Vault and public auctions
- Online play is organised in seasons. Each season has its own artworks, wallet, Vault and leaderboards. A season starts and ends on the dates shown in the app; leaderboards freeze when it ends.
- Public auctions run on a schedule set by us. Some bidders in public auctions are the game's own computer-controlled collectors. They're shown as the game's characters, never as real players, they bid only on public information, and they never appear on leaderboards.
- Leaderboards count only works won in public auctions. We may hide a player from leaderboards to protect fair play.
- We may change seasons, artworks, rules, prices, rewards, schedules and game balance, and correct errors (for example a wallet credited by mistake or a result produced by a bug), including after the fact.
5. Virtual items have no cash value
Game cash, season wallets, artworks in your Vault, stars, Grand Finale boxes and every other in-game item ("virtual items") are part of the game's entertainment only.
- Virtual items have no monetary value. They aren't your property; you receive a limited licence to use them in the game.
- Game cash, virtual items and Grand Finale boxes are never sold for real money, and you can't buy them with any currency we sell. Grand Finale boxes are earned through play only.
- Virtual items can't be exchanged for money or anything of value, transferred, traded or sold between players, inside or outside the app. Selling or buying accounts or virtual items is forbidden.
- Virtual items may be changed, reset at the end of a season or removed if we correct an error, if you break these terms, or if the online service ends.
The bluffing, auctions and forgeries in Artmystique are fiction. The game isn't gambling: you never stake or win real money.
6. Fair play
To keep the game fair for everyone, you agree not to:
- cheat, use bots, scripts, macros, emulators or modified versions of the app, or tamper with saved games, network traffic or results sent to our servers;
- exploit bugs or errors instead of reporting them;
- create or use several accounts to manipulate auctions or leaderboards;
- interfere with, overload or attack our servers or other players' use of the game;
- use the app in any unlawful way.
Our server checks results against limits and may cap, reject or reverse results that break the game's rules. If we believe you broke these terms, we may remove virtual items, hide you from leaderboards, or suspend or close your account.
7. Collector's Club subscription
- The Collector's Club is an optional auto-renewing subscription. Its benefits are described in the app at the time of purchase (currently: no ads, weekly-quiz works added automatically, a small bonus to Grand Finale favour, and cosmetic perks).
- It's sold and billed by Apple (App Store) or Google (Google Play), under their terms. The price is shown in the store before you buy, in your local currency.
- The subscription renews automatically at the end of each period unless you turn off auto-renew at least 24 hours before the period ends. Manage or cancel it in your App Store or Google Play account settings. Deleting the app or your game account doesn't cancel it.
- Refunds are handled by Apple or Google under their policies; we can't issue refunds for store purchases ourselves. Nothing in these terms limits refund rights you have under the law.
- "Restore purchases" in Settings and on the Club screen restores an active subscription on a new device.
- We may change the Club's benefits or price. A price change follows the store's rules for notifying you, and you can cancel before it applies.
8. Ads
If you're not a Collector's Club member, the app shows banner ads on some screens and offers optional rewarded ads. Ads are never shown during auctions, private sales or the Grand Reveal. Ads are provided by Google AdMob; see the Privacy Policy. We aren't responsible for the content of third-party ads or the sites they link to.
9. Artworks and other content
- The paintings in the game are public-domain works, and their images come from open-access collections. Their titles, artists, dates and descriptions are provided for entertainment and education; we try to keep them accurate but don't guarantee they are free of errors. Tell us at support@mala-lab.com if you spot a mistake.
- Everything else in the app (the game design, code, text, characters, interface, artwork treatments, sounds and the Artmystique name and logo) belongs to Mala or its licensors and is protected by law.
- Links to third-party sites, such as Wikipedia, are provided for convenience; those sites have their own terms.
10. Notifications
The app can remind you of public auctions with notifications scheduled on your device. They're optional: choose them in Settings, and your device asks your permission first.
11. Availability and changes to the service
The offline game keeps working without an internet connection. The online features (seasons, public auctions, the weekly quiz and leaderboards) need a connection and our servers, may be interrupted for maintenance or reasons outside our control, and may change. We may stop offering the online service; if we do, we'll give reasonable notice in the app [OWNER TO CONFIRM: notice period, for example 30 days]. We may release updates, and some features may require the latest version.
12. Disclaimer
The app is provided "as is" and "as available". To the extent the law allows, we disclaim all warranties, express or implied, including fitness for a particular purpose and uninterrupted or error-free operation. Some countries don't allow these exclusions, so they may not apply to you.
13. Limitation of liability
To the extent the law allows, Mala isn't liable for indirect, incidental, special or consequential losses, or for the loss of virtual items or game progress, arising from your use of the app. Our total liability for any claim relating to the app is limited to the amount you paid for the Collector's Club in the 12 months before the claim [OWNER TO CONFIRM: liability cap and any fixed minimum].
Nothing in these terms limits liability that can't be limited by law, such as for death or personal injury caused by negligence, or for fraud, and nothing affects your statutory rights as a consumer.
14. Ending these terms
You can stop using the app and delete your account at any time. We may suspend or end your access to the online features if you seriously or repeatedly break these terms, or if we have to for legal reasons. Sections 5, 9, 12, 13 and 16 continue to apply after these terms end.
15. Apple App Store
If you downloaded the app from the Apple App Store: these terms are between you and Mala only, not Apple. Apple has no obligation to provide maintenance or support for the app. If the app fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; to the extent the law allows, Apple has no other warranty obligation. Mala, not Apple, is responsible for addressing claims relating to the app, including product liability, legal or regulatory compliance and consumer protection claims, and any third-party claim that the app infringes intellectual property rights. You confirm that you're not located in a country subject to a US government embargo or listed as a terrorist-supporting country, and that you're not on any US government list of prohibited or restricted parties. You must also comply with any third-party terms that apply when using the app. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
16. Governing law and disputes
These terms are governed by the laws of [OWNER TO CONFIRM: governing law], and disputes will be heard by the courts of [OWNER TO CONFIRM: jurisdiction]. If you're a consumer, you keep the protection of the mandatory laws of the country where you live and may bring a claim in its courts. Before going to court, please contact us so we can try to resolve the issue.
17. Changes to these terms
We may update these terms. The version and effective date are shown at the top. If a change is significant, the app will ask you to review and accept the new terms before you continue to use the online features. If you don't accept, you can stop using the app and delete your account.
18. General
If any part of these terms is found unenforceable, the rest stays in effect. If we don't enforce a right straight away, we don't give it up. You may not transfer these terms; we may transfer them to a company that takes over the app, without reducing your rights. These terms and the Privacy Policy are the whole agreement between you and us about the app.
19. Contact
Mala, [OWNER TO CONFIRM: legal entity name and address]