These Terms of Use (“Terms”) are an agreement between you and NZCustom Studio (“we”, “us”, “our”), the developer of Juicy Smash (the “Game”) on Google Play. By installing, accessing or playing the Game you accept these Terms. If you do not accept them, do not use the Game.
1. Who may play
- You must be at least 13 years old, or the minimum age required in your country.
- If you are under 18 (or under the age of majority where you live), a parent or legal guardian must review and accept these Terms for you and supervise any purchase.
- You may not use the Game if the law of your country does not allow it.
2. Your licence to play
We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to download and play the Game on devices you own or control, for your own non-commercial entertainment.
The Game and everything in it are owned by NZCustom Studio or its licensors and are protected by copyright and other laws. This includes code, graphics, characters, music, sounds, text, levels and virtual items. All rights not expressly granted to you are reserved.
3. Virtual items and purchases
The Game is free to play. You can buy virtual items with real money: coins, boosters, bundles, special offers, the Fruit Pass and No Ads. You can also earn some items by playing or by watching optional ads.
- A licence, not property. Virtual items and coins give you a limited licence to use them in the Game. They have no value outside the Game, cannot be exchanged for real money or goods, and cannot be sold or transferred to anyone else.
- Purchases go through Google Play. Payments, billing and refunds are handled by Google Play under its terms. Prices are shown in the Game in your local currency as provided by Google Play, and may include taxes.
- All sales are final except where Google Play’s refund policy or the law requires otherwise, including your rights under the New Zealand Consumer Guarantees Act or similar consumer laws in your country.
- Consumable items (coins, boosters, bundles, offers) are added to your game when the purchase is confirmed and are used up as you play.
- No Ads is a one-time purchase that removes interstitial ads. Optional rewarded ads stay available. It can be restored on the same Google account by reinstalling the Game.
- Fruit Pass gives access to the premium rewards of the current season only, until that season ends.
- Pending payments. If Google Play marks a payment as pending, the items arrive only after the payment is completed.
- Changes. We may change, re-balance or stop offering virtual items and their prices. We will not remove items you have already bought, except as allowed by these Terms or required to fix an error.
4. Your progress
Your progress, coins and items are stored on your device. If you uninstall the Game, clear its data, or lose or change your device, this progress may be lost, and we may not be able to restore it. Purchased No Ads can be restored from Google Play as described above.
5. Ads
The Game shows ads from third parties, including ads between levels and optional rewarded ads. We are not responsible for the content of third-party ads or for products and services they offer. How ads use your data is explained in our Privacy Policy.
6. Fair play
You agree not to:
- cheat, use bots, hacks, modified versions of the Game or any software that alters how the Game works;
- exploit bugs or errors to gain items or progress; please report them to us instead;
- copy, reverse engineer, decompile, modify or distribute the Game or its content, except where the law allows it;
- use the Game for any commercial purpose or in any unlawful way;
- interfere with the Game, its servers or ads, or with other players’ use of the Game.
If you break these rules we may remove items obtained unfairly, or suspend or end your licence to play.
7. Changes and availability
We may update, change, suspend or stop the Game or any part of it at any time, for example to add content, fix problems or meet legal requirements. Some updates may be required to keep playing. We do not guarantee that the Game will always be available, uninterrupted or error-free.
8. Third-party services
The Game uses services from third parties such as Google Play, Google AdMob and Google Firebase. Your use of those services is also subject to their own terms and policies, and we are not responsible for them.
9. Privacy
Our Privacy Policy explains how we collect and use information when you play. It is part of these Terms.
10. Disclaimer
The Game is provided “as is” and “as available”. To the fullest extent permitted by law, we make no warranties of any kind, whether express or implied. This includes warranties of merchantability, fitness for a particular purpose and non-infringement.
Nothing in these Terms excludes or limits any rights you have under consumer protection laws that cannot be excluded, including the New Zealand Consumer Guarantees Act 1993 where it applies.
11. Limitation of liability
To the fullest extent permitted by law:
- NZCustom Studio is not liable for any indirect, incidental, special or consequential loss, or for loss of data, progress or virtual items.
- Our total liability to you for any claim related to the Game is limited to the amount you paid us for the Game and in-app purchases in the 12 months before the claim.
Some countries do not allow these limits, so they may not apply to you.
12. Ending these Terms
You can stop using the Game at any time by uninstalling it. We may end or suspend your licence if you break these Terms or if we stop offering the Game. Sections 2 (ownership), 3 (the nature of virtual items), 10, 11, 13 and 14 continue to apply after these Terms end.
13. Governing law
These Terms are governed by the laws of New Zealand. The courts of New Zealand have jurisdiction over any dispute, unless the consumer laws of your country give you the right to bring a claim where you live.
14. General
- Changes to these Terms. We may update these Terms. The new version is posted on this page with a new “Last updated” date. If you keep playing after a change, you accept the new Terms.
- Severability. If any part of these Terms is found invalid, the rest stays in effect.
- No waiver. If we do not enforce a right, we do not give it up.
- Assignment. We may transfer these Terms to a buyer or successor of the Game. You may not transfer them.
- Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the Game.
15. Contact
NZCustom Studio
34 Talbot Road Fairlie, Fairlie - 7925 New Zealand (NZ)
Email: [email protected]