Terms of Use

These Terms of Use (the "Terms") are a legally binding agreement between you and MOUNTAIN LLC ("we", "us" or "our"), the publisher of Fruit Smash (the "Game"). They govern your download, installation and use of the Game, including all of its updates, levels, artwork, music and other content.

Please read them carefully. By downloading, installing, opening or playing the Game, you confirm that you have read and understood these Terms and our Privacy Policy, and you agree to be bound by these Terms. If you do not agree, do not download, install or use the Game, and delete it from your devices.

IMPORTANT: IF YOU LIVE IN THE UNITED STATES, SECTION 19 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES ARE RESOLVED. NOTHING IN THESE TERMS LIMITS RIGHTS THAT YOU HAVE UNDER CONSUMER PROTECTION LAWS THAT CANNOT BE EXCLUDED OR LIMITED BY CONTRACT (SEE SECTION 15).

1. ABOUT THE GAME AND THESE TERMS

This version of the Game is a free, offline edition. It has no accounts, purchases, advertising or online gameplay features, and it saves your progress only on your device.

Future versions of the Game may add online features, such as leaderboards, accounts or an in-game shop. Those features will be governed by updated Terms, and where applicable by additional terms, which we will make available to you before they apply to you.

If we offer additional terms for a particular feature, those terms form part of these Terms, and they prevail over these Terms for that feature if the two conflict.

2. ELIGIBILITY

You must be at least 13 years old, or the higher minimum age required to use online services without parental consent in your country, to use the Game. If you are under 18, or under the age of legal majority where you live, you may use the Game only with the involvement and consent of a parent or legal guardian, who must read and accept these Terms on your behalf.

If you are a parent or legal guardian and you allow a minor to use the Game, you agree to these Terms on the minor's behalf and you are responsible for the minor's use of the Game.

You may not use the Game if you are prohibited from doing so under applicable law, including the sanctions laws described in Section 17.

3. LICENCE TO USE THE GAME

The Game is licensed to you, not sold. Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable licence to download, install and use the Game on devices that you own or control, solely for your own personal, non-commercial entertainment, and in accordance with the usage rules of the app store from which you obtained it.

We and our licensors reserve all rights that are not expressly granted to you in these Terms.

4. OWNERSHIP AND INTELLECTUAL PROPERTY

The Game and all of its content and elements, including its software and code, game mechanics and rules, levels and level designs, characters, artwork, graphics, animations, user interface, music, sound effects, text, the "Fruit Smash" name and logos, and all related data, are owned by us or our licensors. They are protected by copyright, trademark, design, trade secret and other intellectual property laws and treaties worldwide.

"Fruit Smash", our logos and our other names, marks and trade dress are our trademarks, whether registered or not. You may not use them without our prior written permission, including in any product or company name, domain name, app store listing, advertising keyword or social media account. Third-party marks belong to their respective owners.

The Game includes open-source software components, each provided under its own licence. Nothing in these Terms restricts any rights that you have under those licences for those components.

5. RULES OF USE

You agree not to do, attempt, or help or permit anyone else to do any of the following:

• copy, reproduce, translate, modify, adapt or create derivative works of the Game or any part of it, including its levels, artwork, music and sounds;
• decompile, disassemble, reverse engineer, decrypt or otherwise attempt to derive the source code, algorithms, assets or data structures of the Game, except to the limited extent that applicable law expressly permits this despite this restriction;
• remove, disable, circumvent or interfere with any copy-protection, anti-tampering, integrity-checking or other technical protection measure in the Game, or any copyright, trademark or other proprietary notice;
• repackage, re-sign, redistribute, publish, sell, rent, lease, lend, sublicense or otherwise make the Game or any part of it available to anyone else, including through any other app store, website, file-sharing service or device;
• use the Game or any of its content to create, develop, train or improve a competing product, a copy or clone of the Game, or any artificial intelligence or machine learning model, or extract any of its content by scraping, data mining or similar methods;
• use cheats, bots, automation software, hacks, mods or any other unauthorised software to modify the Game or to interact with it;
• use the Game for any commercial purpose, including in prize promotions, competitions or paid services, without our prior written consent;
• misrepresent any affiliation with us, or present any product or service as being ours or endorsed by us; or
• use the Game in any way that is unlawful, fraudulent or harmful, or that infringes the rights of anyone else.

You may capture and share screenshots and video recordings of your own gameplay, including on video-sharing and streaming platforms that monetise content through their standard programmes, provided that you do not suggest that we endorse you or your content, and that you comply with any fan-content guidelines we publish. Any other commercial use requires our prior written permission. We may withdraw this permission at any time.

The Game contains technical measures that check that it is a genuine, unmodified copy distributed by us. A copy that has been modified, repackaged or redistributed may stop working.

6. YOUR PROGRESS AND IN-GAME ITEMS

Your progress, stars, scores and settings are saved only on your device. We do not keep a copy, and we cannot restore, recover, transfer or reset them for you. They can be lost, for example, if you delete the Game, clear its data, reset or replace your device, or because of an operating system change. You are responsible for your device and for any backups made by your device's own backup service.

Stars, scores, levels, unlocks and any other in-game items, progress or achievements have no monetary value, are not your property, and cannot be sold, traded, transferred or exchanged for money or anything else of value. To the extent permitted by law, we may change, rebalance, reset or remove them as we update the Game.

7. UPDATES, CHANGES AND AVAILABILITY

We may update, change, suspend or discontinue the Game, or any of its levels, features or content, at any time and for any reason, with or without notice. Some updates may be required for you to keep using the Game.

We are not obliged to provide updates, maintenance, support or any particular feature, to keep the Game available in any app store or country, or to keep it compatible with any particular device or operating system version.

8. HEALTH AND SAFETY

A very small percentage of people may experience seizures or other symptoms when exposed to certain visual images, including flashing lights or patterns that may appear in video games, even if they have no history of seizures or epilepsy. If you, or anyone in your family, has an epileptic condition or has ever had a seizure, consult a doctor before playing. Stop playing immediately and consult a doctor if you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement or convulsions.

The Game follows your device's Reduce Motion setting, which reduces screen shake and flashing effects. Take regular breaks, do not play while driving, cycling or walking in traffic, and stay aware of your surroundings. Parents should supervise their children's use of the Game.

9. FEEDBACK

If you send us ideas, suggestions or other feedback about the Game, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use, modify and exploit it for any purpose, without any obligation or compensation to you. To the extent permitted by law, you waive any moral rights in that feedback. We are not obliged to use any feedback or to keep it confidential.

10. APP STORES AND THIRD-PARTY SERVICES

You obtain the Game through a third-party app store, such as the Apple App Store or Google Play. Your use of that store is governed by its own terms and privacy policy, and you must also comply with its usage rules. The app store provider is not a party to these Terms and is not responsible for the Game, except as stated for Apple in Section 18. If you obtained the Game from Google Play, Google has no responsibility for the Game or for supporting it.

Some features rely on services provided by your device's operating system, such as its rating prompt, its backups, and the browser view that shows our Terms and Privacy Policy. These services are provided by third parties under their own terms, and we are not responsible for them.

The Game and these Terms may link to our website or to third-party websites. Third-party websites are governed by their own terms, and we are not responsible for their content or practices.

11. PRIVACY

Our Privacy Policy explains how we handle information in connection with the Game and our website. This version of the Game does not collect any personal information. The Privacy Policy is available at https://puzzle.mtain.co/privacy, and you can open it from the Game's settings.

12. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WE, OUR AFFILIATES AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE ABOVE, WE DO NOT WARRANT THAT THE GAME WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, SECURE OR FREE OF HARMFUL COMPONENTS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR PROGRESS WILL BE PRESERVED.

Some jurisdictions do not allow certain warranties to be excluded, so some of these exclusions may not apply to you. See Section 15.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES OR OUR LICENSORS, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GAME PROGRESS, GOODWILL OR OPPORTUNITY, OR FOR ANY DEVICE FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE GAME, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE GAME WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE GAME IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) FIFTY EUROS (EUR 50) OR ITS EQUIVALENT IN YOUR LOCAL CURRENCY.

These limitations apply even if a limited remedy fails of its essential purpose. They do not exclude or limit liability that cannot be excluded or limited under applicable law, such as liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for damage caused intentionally or through gross negligence.

14. INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us, our affiliates and our licensors, and our and their directors, officers, employees and agents, from and against all claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or relating to your breach of these Terms, your misuse of the Game, or your violation of any law or of the rights of any third party. This section does not apply to you as a consumer to the extent that mandatory consumer protection law prohibits it.

15. YOUR STATUTORY RIGHTS

If you are a consumer, nothing in these Terms excludes, restricts or modifies any rights or remedies that you have under the laws of your country of residence that cannot be excluded, restricted or modified by contract, including, if you live in the European Union or the United Kingdom, your statutory rights in relation to digital content. Where any provision of these Terms conflicts with such laws, those laws prevail, and the provision applies only to the extent that they permit.

16. TERMINATION

These Terms apply from when you first download, install or use the Game until they are terminated. You may terminate them at any time by deleting the Game from all of your devices.

Your licence ends automatically, without notice, if you breach these Terms. We may also end your licence if we are required to do so by law or if we stop offering the Game. When your licence ends, you must stop using the Game and delete all copies of it.

Sections 4, 5, 6, 9, 12, 13, 14, 15, 19, 20 and 21, and any other provisions that by their nature should survive, survive the termination of these Terms.

17. EXPORT CONTROLS AND SANCTIONS

You represent and warrant that you are not located, organised or ordinarily resident in a country or region that is subject to comprehensive sanctions or embargoes of the United Nations, the European Union, the United Kingdom or the United States, and that you are not listed on, or owned or controlled by anyone listed on, any sanctions or restricted-party list maintained by any of them. You must comply with all applicable export control and sanctions laws when you use the Game.

18. ADDITIONAL TERMS FOR APPLE DEVICES

If you obtained the Game from the Apple App Store, the following terms also apply, and they prevail over anything inconsistent in these Terms:

(a) Acknowledgement. These Terms are concluded between you and us only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the Game and its content.

(b) Scope of licence. Your licence is a non-transferable licence to use the Game on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the Game may also be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.

(c) Maintenance and support. We are solely responsible for providing any maintenance and support services for the Game, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Game.

(d) Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the Game fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, of the Game to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility, subject to these Terms.

(e) Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the Game or your possession and use of it, including (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.

(f) Intellectual property rights. If any third party claims that the Game, or your possession and use of it, infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim, subject to these Terms.

(g) Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties.

(h) Contact. Any questions, complaints or claims about the Game should be directed to us using the contact details in Section 21.

(i) Third-party terms. You must comply with any applicable third-party terms of agreement when using the Game.

(j) Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

19. DISPUTES AND GOVERNING LAW

Informal resolution. If you have a dispute with us, please contact us first at puzzle.support@mtain.co. You and we agree to try in good faith to resolve the dispute informally within sixty (60) days before either of us starts formal proceedings, except where urgent relief is needed.

Governing law. These Terms, and any dispute or claim arising out of or in connection with them or the Game, including non-contractual disputes or claims, are governed by the laws of the Republic of Croatia, without regard to its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. If you are a consumer living in the European Union, the United Kingdom or another country whose law grants you this right, you also benefit from the mandatory provisions of the law of your country of residence.

Courts. Subject to the arbitration agreement below, the courts of Zagreb, Croatia have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Game. If you are a consumer, you may also bring proceedings in the courts of your country of residence, and we may bring proceedings against you only in those courts.

Arbitration (United States only). If you live in the United States, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the Game (a "Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. However, either of us may bring an individual claim in small claims court, and either of us may seek injunctive or other equitable relief in court to stop the infringement or misuse of intellectual property rights. The Federal Arbitration Act governs this arbitration agreement. The arbitration will take place in the county where you live or by video conference, and the arbitrator may award the same individual relief that a court could award.

Class action waiver (United States only). YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. If this waiver is found to be unenforceable for any claim, that claim, and only that claim, must be severed from the arbitration and brought in court.

Opting out of arbitration. You may opt out of the arbitration agreement by emailing us at puzzle.support@mtain.co within thirty (30) days after you first accept these Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

Jury trial waiver. For any Dispute that is not subject to arbitration, you and we waive any right to a jury trial, to the extent permitted by law.

Time limit. To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Game must be brought within one (1) year after the cause of action arises; otherwise, it is permanently barred.

20. GENERAL

Changes to these Terms. We may update these Terms from time to time, for example to reflect changes to the Game or to the law. We will publish the updated Terms on our website, where you can also open them from the Game's settings, with a new "Last updated" date. If a change is material, we will give you reasonable notice in the Game before it takes effect. Changes do not apply retroactively. If you do not agree to the updated Terms, you must stop using the Game.

Entire agreement. These Terms, together with our Privacy Policy and any additional terms that we make available for specific features, constitute the entire agreement between you and us regarding the Game, and supersede any prior agreements or understandings.

Assignment. We may assign or transfer these Terms, or any of our rights or obligations under them, to an affiliate or in connection with a merger, acquisition, reorganisation, sale of assets or similar transaction. You may not assign or transfer these Terms without our prior written consent.

Severability. If any provision of these Terms is found to be invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

No waiver. Our failure or delay in enforcing any provision of these Terms is not a waiver of our right to do so later.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control.

Third-party rights. Except as stated for Apple in Section 18, no third party has any right to enforce these Terms.

Relationship. Nothing in these Terms creates any partnership, joint venture, employment or agency relationship between you and us.

Language. These Terms are written in English. If we provide a translation, it is for convenience only, and the English version prevails in the event of any conflict, except where the law requires otherwise.

Notices. We may give you notices through the Game or on our website. You may send notices to us at the contact details in Section 21.

Interpretation. Headings are for convenience only. The words "including" and "for example" mean "including without limitation".

21. CONTACT US

MOUNTAIN LLC Croatia, Zagreb 10000 Registration: VAT HR19907084720 Email: puzzle.support@mtain.co Website: https://puzzle.mtain.co