Terms and Conditions

Introduction

These terms and conditions (“agreement”, “terms” or “t&c”) underline the contractual relationship between the user (“users” or “you”) and Dotpixel SARL (described as “Dotpixel”, “we”, “our” or “us”), concerning the user’s use of Dotpixel’s services (“products” or “games”). Use of our products is also governed by our Privacy Policy which can be found here at https://dotpixel.co/privacy.

By installing, opening and using the products, the user acknowledges that they have read, and that they understand and agree with the terms and conditions in this agreement. In case the user does not agree with the terms and conditions, the user should not and must not install or otherwise open the products in any way.

Ownership and Licence

Unless stated otherwise, Dotpixel owns the intellectual property to all content and materials that are part of the products including but not limited to: software, code, titles, descriptions, concepts, art, designs, animations, texts, scripted texts, musical compositions and sound effects. We own the rights and can use or modify any content present in the products, including but not limited to virtual items, wether earned or purchased by the user or not.

You agree that unless given prior specifically written and signed permission by Dotpixel, you may not: copy, reproduce, decompile, modify, exchange, distribute, translate, lease or sell any services and products in any forms.

Dotpixel hereby grants the user a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the products for the user’s own non-commercial and entertainment purposes at the sole condition that the terms and conditions set forth in this agreement are respected. Any other use or violation of the ownership of the products is prohibited and may result in legal, civil or criminal penalties.

License limitations

You agree that, unless complying with the License Limitations, Dotpixel may revoke your license and the use of the products is strictly prohibited. As such, it is agreed that you will not:

User content

User content includes all non-confidential content that user creates, generates, posts, publishes, transmits or shares on the products. The user warrants that any user content shall:

Dotpixel is not liable in any way for any user content created, only the user shall be liable for the user content. Furthermore, Dotpixel is not responsible for monitoring the user’s content nor their conduct, and the user agrees and understands that we assume no obligations to rectify, modify or otherwise remove any user content.

By using our products, you understand and agree that you might be exposed to user content that might be offensive and disagreeable.

Dotpixel, at its sole discretion, reserves the right to monitor, record, modify, restrict, remove and delete any user content without prior consent or authorization from the user.

Purchases

By using our products you might be presented with the option to purchase in-product virtual items such as currency, points and other items otherwise "Virtual Items". The purchase of Virtual Items may require you to pay a fee with "real world" currency. After confirmation of payment, you will be granted a limited, personal, non-sublicensable, revocable license and right to use the Virtual Items.

The purchase of Virtual Items is only allowed inside our products using third party platform such as Apple or Google and is governed by their payment’s terms and conditions.

You agree to not trade, transfer, gift or sell the Virtual Items outside the products. Any attempt to do so is forbidden and will be considered as illegitimate. Additionally, you may not trade, attempt to sell, sell or sublicense Virtual Items in exchange of "real world" currency or any other value exchange.

Dotpixel, at its sole discretion, reserves the right to change the price, availability, quality of any Virtual Items present in the products as well as modify or remove any Virtual Items without prior notification to the user. By exercising that right, Dotpixel shall not be liable to the user or any other third party.

You acknowledge, understand and agree that all prices and sales are final and that we are not required to provide any refund or any other form of compensation for any reason, whether the Virtual Items are used or not, or whether the purchase was voluntary or involuntary, and whether the platform be Apple or Google.

Updates

Dotpixel reserves the right to update, modify and change any content present in the products including but not limited to Virtual Items, without any prior notice to the user and shall not be liable by exercising that right. You understand and agree that Dotpixel may require you to download and accept the updates in order to be able to keep using the products.

Termination

We reserve the right at our sole discretion to terminate your use and access to the products at any time and without any prior notice to you. You agree that upon termination or cancelling of this agreement, your obligations concerning the sections: "Ownership and Licence", "User content", "Licence limitations", "Warranty disclaimer" and "Limitation of liability" shall survive such termination.

Warranty disclaimer

We do not make any guarantees of any kind that the products will meet your expectations, be available, uninterrupted, error-free and virus-free.

Use of our services is at your sole risk. Products are provided “as is” without any warranties of any kind, express or implied.

Limitation of liability

You understand that Dotpixel, its directors, employees, partners nor any other party involved in making, producing and distributing the products shall be held liable to you or any other third party under any circumstances, for any personal injury or direct, indirect, incidental, special, punitive or consequential damages, including but not limited to loss of profits, loss of data, business loss, computer damage, system failure or the cost of additional services, in any way arising out of these terms or the use or the inability to use the products whether based on warranty, contract, tort, including negligence or any other legal theory, and whether Dotpixel has been advised or informed of the possibility of these damages. The disclaimers set forth in this limitation of liability shall be applicable to the fullest extent permitted by the law in the applicable juridiction.

The user agrees to indemnify, defend and hold Dotpixel, its directors, employees and partners harmless from any claims, demands, damages or losses including attorneys’s fees and expenses resulting from the breach of this agreement or the user’s use of the products.

Force majeure

Dotpixel shall not be liable and not be expected to perform its obligations if such performance is interfered by conditions beyond our reasonable control including labor disputes, other industrial interferences, power and electrical outages, utilities and telecommunications failures, earthquakes, storms and other natural catastrophes, blockages, embargoes, riots, acts of orders of governments, acts of terrorism or war.

Governing law

This agreement is governed by the laws of France. You agree that any claim or dispute between you and Dotpixel that relates to your use of our services shall be resolved by the competent juridiction located in France.

Terms and Conditions Update

We reserve the right, at our sole discretion, to update and make changes to this agreement without prior notice to you. You agree that it is your responsibility to check and review the terms for any changes made. Using our products following any changes made means that you agree to the revised form of the terms.

Privacy Policy

You can access our Privacy Policy at https://dotpixel.co/privacy to see how we collect, use and disclose "personal information" or other "non-personal information" acquired when using our products.

Contact

Should any questions arise concerning this agreement, you may contact us by e-mail at support [at] dotpixel [dot] co.

Dotpixel SARL

France

SIREN : 807695085

VAT Number : FR47807695085

Last update : May 2023