These Terms of Service (“Terms”) govern your use of the mobile game Vials: ASMR Sand Sort Puzzle (the “Game”), published by Individual Entrepreneur Afinogenov Sergei Olegovich (“we”, “us”, the “Developer”). By downloading, installing, or using the Game, you agree to these Terms. If you do not agree, please do not use the Game.
By using the Game you confirm that you are at least the age of digital majority in your country (or the minimum age required by the app store), and that you have the legal capacity to enter into these Terms. If you are a minor, you may use the Game only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the Game, including any purchases.
We grant you a personal, non-exclusive, non-transferable, revocable license to install and use the Game on devices you own or control, for your own non-commercial entertainment, subject to these Terms and to the rules of the app store you downloaded it from (Apple App Store or Google Play).
You agree not to:
The Game includes virtual items and a virtual currency (“coins”), as well as helpers and optional permanent upgrades. These have no monetary value, cannot be exchanged for real money, and cannot be transferred outside the Game. We may add, change, or remove virtual items, adjust their prices or balance, or modify game mechanics at any time. Virtual items are licensed to you, not sold, and your rights to them end if your license ends.
The Game offers optional in-app purchases. All purchases are processed by the app store (Apple App Store or Google Play), which is the merchant of record and handles your payment. Prices are shown in your local currency before you confirm a purchase.
Refunds are handled according to the policy of the app store you purchased through:
Consumable items (such as coin packs) that have been delivered and spent are generally non-refundable except as required by law or the store’s policy. If a refund is granted for an item that conferred a benefit, we may revoke the corresponding in-game benefit.
We may update, change, suspend, or discontinue the Game (in whole or in part) at any time, including features, levels, and content, without liability to you. We do not guarantee that the Game will always be available or error-free.
The Game and all of its content — including artwork, design, audio, text, and software — are owned by the Developer or its licensors and are protected by intellectual-property laws. These Terms do not grant you any ownership rights in the Game.
This license lasts until terminated. We may suspend or terminate your access to the Game (or revoke this license) if you materially or repeatedly breach these Terms or the app store’s rules. You may end it at any time by ceasing to use and uninstalling the Game. On termination, your right to use the Game and any virtual items ends; sections that by their nature should survive (including Virtual items, Intellectual property, Disclaimer, Limitation of liability, Governing law, and General) continue to apply.
The Game is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement, to the fullest extent permitted by law.
To the maximum extent permitted by law, the Developer shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data or profits, arising from your use of or inability to use the Game. To the extent liability cannot be excluded, the Developer’s total aggregate liability arising out of or relating to the Game or these Terms shall not exceed the greater of (a) the total amount you paid for in-app purchases in the twelve (12) months before the event giving rise to the claim, or (b) USD 50. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or your mandatory consumer rights.
You obtained the Game through an app store (Apple App Store or Google Play), and the following apply where you obtained it from Apple:
Google and any other app store through which you obtained the Game are likewise not parties to these Terms and are not responsible for the Game; your use is additionally subject to that store’s own terms.
Your use of the Game is also governed by our Privacy Policy, which explains how we handle information.
These Terms are governed by the laws of the Republic of Armenia, without regard to conflict-of-law rules. Mandatory consumer-protection rights you have in your country of residence are not affected.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions stay in full force, and the invalid provision is applied to the maximum extent permitted by law. These Terms, together with the Privacy Policy, are the entire agreement between you and the Developer regarding the Game and supersede any prior agreements. Our failure to enforce a provision is not a waiver of it. You may not assign or transfer these Terms; we may assign them to a successor (for example, in connection with a merger or sale of the Game). Provisions that by their nature should survive termination will survive.
We may revise these Terms from time to time. We will update the “Last updated” date above and, for material changes, provide notice in the Game. Continued use after a change means you accept the revised Terms.