TERMS AND CONDITIONS
SWELL GAMES, TOO
(TERMS OF USE)
SWELL GAMES, TOO, a company registered and operating under the laws of the Republic of Kazakhstan, together with its affiliates, employees, officers, and directors (collectively, the “Company”, “we”, “us”, or “our”), provides family-friendly mobile applications, games, and related digital services intended primarily for children and general audiences (collectively, the “Services”).
By accessing or using the Services, you agree to be bound by these Terms and Conditions (“Terms”) and our Privacy Policy. If you do not agree with these Terms or the Privacy Policy, you must not use the Services.
1. DEFINITIONS
2. USING THE SERVICES
The Services are provided for personal, non-commercial use only. You are responsible for obtaining compatible devices, internet access, and any related costs.
The Company may modify, suspend, or discontinue any part of the Services at any time, temporarily or permanently, without prior notice. Your right to use the Services will automatically terminate if the Services are discontinued. No refunds or compensation will be provided for discontinued Services or unused Virtual Items, except as required by applicable law or platform rules.
We take reasonable measures to protect children and their privacy. By accepting these Terms, you confirm that you are a parent or legal guardian, or that you have permission from a parent or legal guardian to use the Services, and that you supervise and are responsible for any minor’s use of the Services.
3. OWNERSHIP AND LIMITED LICENSE
The Services and all related content, including software, code, designs, graphics, text, audio, video, trademarks, and logos (collectively, the “Materials”), are owned by or licensed to the Company and are protected by intellectual property laws.
Subject to compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for personal, non-commercial entertainment purposes.
You may not:
4. VIRTUAL ITEMS AND PAYMENTS
The Services may allow you to purchase subscriptions or Virtual Items using real-world money.
All purchases made through Google Play or the Apple App Store are governed by those platforms’ payment terms. The Company does not control payment processing on those platforms.
Virtual Items do not have real-world value and remain the property of the Company. You receive only a limited license to use Virtual Items within the Services. Virtual Items may not be sold, transferred, exchanged, or redeemed for real-world value.
All sales are final, except where refunds are required by applicable law or platform policies.
5. PRIVACY
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect personal data, including children’s data, in compliance with COPPA, GDPR, and other applicable laws.
By using the Services, you acknowledge and agree to our data practices as described in the Privacy Policy.
6. THIRD-PARTY CONTENT AND LINKS
The Services may contain links to third-party websites or services. The Company does not control and is not responsible for third-party content, services, or privacy practices. Your interactions with third parties are governed solely by their terms and policies.
7. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
USE OF THE SERVICES IS AT YOUR OWN RISK.
8. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, the Company and its Affiliates shall not be liable for any indirect, incidental, consequential, or special damages, including loss of data, profits, or goodwill, arising out of or related to your use of or inability to use the Services.
The total liability of the Company for any claims arising from the Services shall not exceed the amount paid by you for the Services during the twelve (12) months preceding the claim, or USD 10, whichever is greater, unless otherwise required by law.
9. INDEMNIFICATION
You agree to indemnify and hold harmless the Company and its Affiliates from any claims, damages, losses, or expenses arising out of your use of the Services or violation of these Terms.
10. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the Republic of Kazakhstan, without regard to conflict of law principles.
11. DISPUTE RESOLUTION
Any disputes arising out of or relating to these Terms or the Services shall first be resolved through good-faith negotiations. If unresolved, disputes shall be subject to the exclusive jurisdiction of the courts of the Republic of Kazakhstan.
12. SEVERABILITY
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
13. ASSIGNMENT
The Company may assign its rights and obligations under these Terms at any time. You may not assign your rights without the Company’s prior written consent.
14. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Services and supersede all prior agreements.
15. CHANGES TO TERMS
The Company may update these Terms from time to time. Updated Terms will be made available within the Services. Continued use of the Services after changes means you accept the revised Terms.
SWELL GAMES, TOO, a company registered and operating under the laws of the Republic of Kazakhstan, together with its affiliates, employees, officers, and directors (collectively, the “Company”, “we”, “us”, or “our”), provides family-friendly mobile applications, games, and related digital services intended primarily for children and general audiences (collectively, the “Services”).
By accessing or using the Services, you agree to be bound by these Terms and Conditions (“Terms”) and our Privacy Policy. If you do not agree with these Terms or the Privacy Policy, you must not use the Services.
1. DEFINITIONS
- “Services” means all mobile applications, games, websites, and related content developed, owned, or operated by the Company.
- “Virtual Items” means virtual currency, points, coins, tokens, subscriptions, and in-game digital items usable solely within the Services.
- “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with the Company.
2. USING THE SERVICES
The Services are provided for personal, non-commercial use only. You are responsible for obtaining compatible devices, internet access, and any related costs.
The Company may modify, suspend, or discontinue any part of the Services at any time, temporarily or permanently, without prior notice. Your right to use the Services will automatically terminate if the Services are discontinued. No refunds or compensation will be provided for discontinued Services or unused Virtual Items, except as required by applicable law or platform rules.
We take reasonable measures to protect children and their privacy. By accepting these Terms, you confirm that you are a parent or legal guardian, or that you have permission from a parent or legal guardian to use the Services, and that you supervise and are responsible for any minor’s use of the Services.
3. OWNERSHIP AND LIMITED LICENSE
The Services and all related content, including software, code, designs, graphics, text, audio, video, trademarks, and logos (collectively, the “Materials”), are owned by or licensed to the Company and are protected by intellectual property laws.
Subject to compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for personal, non-commercial entertainment purposes.
You may not:
- Copy, modify, distribute, sell, or commercially exploit the Services or Materials;
- Create derivative works from the Services or Materials;
- Use automated tools, data mining, or scraping methods;
- Use the Services for any unlawful or unauthorized purpose.
4. VIRTUAL ITEMS AND PAYMENTS
The Services may allow you to purchase subscriptions or Virtual Items using real-world money.
All purchases made through Google Play or the Apple App Store are governed by those platforms’ payment terms. The Company does not control payment processing on those platforms.
Virtual Items do not have real-world value and remain the property of the Company. You receive only a limited license to use Virtual Items within the Services. Virtual Items may not be sold, transferred, exchanged, or redeemed for real-world value.
All sales are final, except where refunds are required by applicable law or platform policies.
5. PRIVACY
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect personal data, including children’s data, in compliance with COPPA, GDPR, and other applicable laws.
By using the Services, you acknowledge and agree to our data practices as described in the Privacy Policy.
6. THIRD-PARTY CONTENT AND LINKS
The Services may contain links to third-party websites or services. The Company does not control and is not responsible for third-party content, services, or privacy practices. Your interactions with third parties are governed solely by their terms and policies.
7. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
USE OF THE SERVICES IS AT YOUR OWN RISK.
8. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, the Company and its Affiliates shall not be liable for any indirect, incidental, consequential, or special damages, including loss of data, profits, or goodwill, arising out of or related to your use of or inability to use the Services.
The total liability of the Company for any claims arising from the Services shall not exceed the amount paid by you for the Services during the twelve (12) months preceding the claim, or USD 10, whichever is greater, unless otherwise required by law.
9. INDEMNIFICATION
You agree to indemnify and hold harmless the Company and its Affiliates from any claims, damages, losses, or expenses arising out of your use of the Services or violation of these Terms.
10. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the Republic of Kazakhstan, without regard to conflict of law principles.
11. DISPUTE RESOLUTION
Any disputes arising out of or relating to these Terms or the Services shall first be resolved through good-faith negotiations. If unresolved, disputes shall be subject to the exclusive jurisdiction of the courts of the Republic of Kazakhstan.
12. SEVERABILITY
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
13. ASSIGNMENT
The Company may assign its rights and obligations under these Terms at any time. You may not assign your rights without the Company’s prior written consent.
14. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Services and supersede all prior agreements.
15. CHANGES TO TERMS
The Company may update these Terms from time to time. Updated Terms will be made available within the Services. Continued use of the Services after changes means you accept the revised Terms.
