Agreement to these terms
These Terms of Service (the “Terms”) are an agreement between you and The Noisy Fox (“we”, “us”). They apply to all mobile apps and games we publish (the “Apps”) and to this website (the “Site”). By downloading, installing or using an App or the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, please don’t use them.
Who can use the Apps
You must be old enough to agree to these Terms in your country, or have permission from a parent or guardian who agrees to them on your behalf. Some Apps may have a higher minimum age, shown on their store listing.
Your licence to use the Apps
We give you a personal, non-exclusive, non-transferable, revocable licence to download and use the Apps on devices you own or control, for your own non-commercial entertainment and use, in line with these Terms and the rules of the store you downloaded from.
What you may not do
You agree not to:
- copy, modify, distribute, sell or rent any part of the Apps;
- reverse engineer, decompile or try to extract the source code, except where the law expressly allows it;
- use cheats, bots, exploits or unauthorised third-party software;
- interfere with or disrupt the Apps, their servers or networks;
- use the Apps for anything illegal, harmful or abusive; or
- remove or change any copyright, trademark or other notices.
Accounts
Most Apps work without an account. If an App offers one, you are responsible for keeping your login details safe and for activity under your account. Tell us straight away if you think your account has been used without permission.
Purchases, virtual items and refunds
Some Apps offer in-app purchases, such as removing ads, unlocking content or virtual items. All purchases are processed by Google Play or the Apple App Store and are subject to their terms.
- Virtual items and in-game currency have no real-world value, cannot be exchanged for money and are licensed to you, not sold.
- Subscriptions renew automatically until cancelled. You can manage or cancel them in your Google Play or Apple account settings.
- Refunds are handled by the store you paid through. See Google Play refunds or Apple refunds.
Nothing in these Terms limits any rights you have under consumer protection law.
Advertising
Some free Apps show ads, including optional rewarded ads. Ads are provided by third parties and we are not responsible for their content or for products advertised. How ads use data is explained in our Privacy Policy.
Your content and feedback
If an App lets you create or share content, such as usernames or levels, you keep ownership of it, but you give us a worldwide, royalty-free licence to host, display and use it to run the App. You must not post anything unlawful, hateful, harassing, or anything that infringes someone else’s rights. We may remove content that breaks these rules.
If you send us ideas or feedback, we may use them without any obligation to you.
Intellectual property
The Apps, the Site and everything in them, including code, artwork, characters, sound, music, the name “The Noisy Fox” and our fox logo, belong to The Noisy Fox or our licensors and are protected by copyright, trademark and other laws. These Terms do not give you any rights to them except the limited licence above.
Third-party services
The Apps may include or link to services operated by others, such as Google Play Games, Apple Game Center, ad networks or social features. Your use of those services is governed by their own terms, and we are not responsible for them.
Additional terms for Apple devices
If you downloaded an App from the Apple App Store, the following also applies:
- These Terms are between you and The Noisy Fox only, not Apple. We, not Apple, are solely responsible for the App and its content.
- Your licence is limited to using the App on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Apple has no obligation to provide maintenance or support for the App.
- If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation for the App.
- We, not Apple, are responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to meet legal or regulatory requirements, and consumer protection or privacy claims.
- If a third party claims that the App infringes their intellectual property rights, we, not Apple, are responsible for the investigation, defence, settlement and discharge of that claim.
- You confirm that you are not located in a country subject to a US Government embargo or designated as a “terrorist supporting” country, and that you are not on any US Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Where these Terms conflict with Apple’s Licensed Application End User License Agreement, Apple’s standard terms apply to the extent of the conflict.
Updates and availability
We may update, change or stop offering any App or feature at any time, for example to fix bugs, add content or meet store requirements. Some updates may be needed to keep using an App. We will try to give reasonable notice before shutting down an App that includes paid content.
Disclaimers
The Apps and the Site are provided “as is” and “as available”. To the fullest extent permitted by law, we make no warranties, express or implied, including that the Apps will be uninterrupted, error-free or suitable for any particular purpose. Some countries do not allow these exclusions, so they may not all apply to you.
Limitation of liability
To the fullest extent permitted by law, The Noisy Fox will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of data, profits or goodwill, arising from your use of the Apps or the Site. Our total liability for any claim is limited to the amount you paid us for the App in the twelve months before the claim, or USD 50, whichever is greater.
Nothing in these Terms excludes liability that cannot be excluded by law, such as liability for death or personal injury caused by negligence, or for fraud.
Indemnity
You agree to compensate us for reasonable claims, losses and costs arising from your misuse of the Apps or your breach of these Terms, to the extent permitted by law.
Ending these terms
You can stop using the Apps at any time by uninstalling them. We may suspend or end your access if you seriously or repeatedly break these Terms. Sections that by their nature should survive, such as intellectual property, disclaimers and limitation of liability, will continue to apply.
Governing law and disputes
These Terms are governed by the laws of the country in which The Noisy Fox is established, without regard to conflict-of-law rules. If you are a consumer, you also benefit from any mandatory protections of the law of the country where you live, and you may bring proceedings in your local courts.
Before starting any formal dispute, please email us. Most problems can be fixed with a conversation.
Changes to these terms
We may update these Terms from time to time. We will change the date at the top of this page and, for significant changes, tell you in the App or by email. If you keep using the Apps after changes take effect, you accept the updated Terms.
Contact us
Questions about these Terms? Email thenoisyfoxstudio@gmail.com.