Terms of Service
These Terms of Service (the "Terms") govern your use of the mobile game The Wall (the "Game"), published by Maxence Bourdin, an independent developer (sole trader, ABN 86 988 745 013) established at Unit 9, 54 Cheriton Street, Perth WA 6000, Australia ("we", "us"). Please read them carefully.
1. Acceptance
By downloading, installing or playing the Game you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Game. These Terms apply in addition to the terms of the store you downloaded the Game from (Apple App Store or Google Play).
2. Eligibility
The Game is not directed at children under 13. If you are under the age of majority where you live, you may only play and make purchases with the permission of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use of the Game.
3. Licence to use the Game
We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the Game on devices you own or control, for your own non-commercial entertainment, in accordance with these Terms and the applicable store rules. The Game is licensed, not sold, to you.
4. Virtual items and currencies
The Game contains virtual currencies (such as coins, gems and shards) and virtual items or upgrades, some of which can be earned by playing, by watching rewarded ads, or by purchasing them with real money.
- Virtual currencies and items have no real-world monetary value. They cannot be exchanged for real money, goods or services, sold, or transferred to another player, other than through features we offer in the Game.
- What you obtain is a limited licence to use them in the Game, not ownership.
- We may change the prices, quantities, effects and balance of virtual items and currencies as the Game evolves, while respecting the value of items you have already purchased.
5. Purchases and refunds
- How payment works. All purchases are made through the Apple App Store or Google Play and are subject to their terms and payment policies. We never receive your payment details.
- Consumable purchases (for example gem or shard packs) are delivered immediately and used up in the Game. They are tied to the device on which the progress is saved and cannot be restored after they are delivered.
- Lifetime purchases (for example Disable Ads and the Lifetime Battle Pass) are one-time purchases that stay active for as long as the Game is available. They can be recovered after a reinstall or on another device using the same store account through Restore Purchases.
- Disable Ads removes the need to watch ads: rewards that normally require a rewarded ad are granted directly, and it also makes the coin bonus permanent, as described in the Game.
- Right of withdrawal. If you are a consumer in the European Union, digital content is delivered immediately after purchase. By completing a purchase you ask for immediate delivery and acknowledge that you therefore lose your 14-day right of withdrawal once delivery has started, as permitted by law.
- Refunds are handled by Apple or Google under their refund policies. You can request one at reportaproblem.apple.com (Apple) or through your Google Play order history. If a purchase is refunded, the related items may be removed from the Game.
- If a purchase was not delivered correctly, contact us with your order number and we will help you.
6. Advertising
The Game offers optional rewarded ads that you can choose to watch in exchange for an in-game reward. Ads are provided by third parties (see our Privacy Policy), and we are not responsible for their content or for third-party websites or apps they lead to. Rewards are only granted if the ad is watched to the end, and ads may not always be available.
7. Game progress
Your game progress is stored only on your device. There is no account and no cloud save. If you uninstall the Game, clear its data, reset or lose your device, your progress and unspent virtual currencies will be lost and cannot be recovered by us. Only lifetime purchases can be restored (see section 5).
8. Acceptable use
You agree not to:
- cheat, use bots, or modify or tamper with the Game, its save data or the device clock to gain an advantage or obtain items or rewards without paying or earning them;
- copy, decompile, reverse engineer, disassemble or create derivative works of the Game, except where the law expressly allows it;
- exploit bugs or interfere with the Game's services, ad or purchase systems, or attempt to obtain refunds fraudulently;
- use the Game for any unlawful purpose or in breach of the store rules.
9. Intellectual property
The Game and all of its content, including code, graphics, sounds, music, text, names and logos, are owned by Maxence Bourdin or his licensors and are protected by intellectual property laws. Except for the licence granted in section 3, no rights are transferred to you.
10. Availability and updates
We may update the Game to fix bugs, add or change features, or change its balance. Some updates may be required to keep playing. We try to keep the Game available but do not guarantee that it will be available at all times, on all devices or forever. Some features, such as purchases and ads, need an internet connection. We may stop offering the Game; in that case we will give reasonable notice where possible.
11. Disclaimer and limitation of liability
The Game is provided "as is" and "as available". To the extent permitted by law, we do not guarantee that it will be error-free or uninterrupted.
To the extent permitted by law, we are not liable for indirect or consequential losses, or for the loss of game progress or virtual items resulting from uninstalling the Game, clearing data or device problems. Our total liability for any claim relating to the Game is limited to the amount you paid for in-app purchases in the Game during the 12 months before the claim.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, such as liability for death or personal injury caused by negligence, fraud, or gross negligence. Nothing in these Terms affects your mandatory rights as a consumer, including the consumer guarantees under the Australian Consumer Law and any legal guarantee of conformity for digital content under the law of the country where you live (such as EU consumer law).
12. Termination
You may stop using the Game at any time by uninstalling it. We may suspend or end your access to the Game if you seriously breach these Terms, for example by cheating or fraud. Sections 4, 9, 11 and 15 continue to apply after termination.
13. Apple and Google
If you downloaded the Game from the Apple App Store, you also agree that:
- these Terms are between you and us only, not Apple, and we, not Apple, are solely responsible for the Game and its content;
- your licence is limited to use on Apple-branded products that you own or control, as permitted by the App Store Usage Rules;
- Apple has no obligation to provide any maintenance or support for the Game;
- if the Game fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Game (if any); to the maximum extent permitted by law, Apple has no other warranty obligation regarding the Game;
- we, not Apple, are responsible for addressing any claims relating to the Game, including product liability claims, claims that the Game fails to conform to any legal or regulatory requirement, and consumer protection or privacy claims;
- we, not Apple, are responsible for investigating, defending, settling and discharging any third-party claim that the Game infringes that third party's intellectual property rights;
- you represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting", and that you are not on any U.S. Government list of prohibited or restricted parties;
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
If you downloaded the Game from Google Play, the Google Play Terms of Service also apply.
14. Changes to these Terms
We may update these Terms, for example when the Game or the law changes. The "Last updated" date at the top shows the current version. For significant changes we will inform you in the Game or on its store page. If you keep playing after the changes take effect, you accept the updated Terms. If you do not agree, you should stop using the Game.
15. Governing law and disputes
These Terms are governed by the laws of Western Australia, Australia, and the courts of Western Australia have non-exclusive jurisdiction. If you are a consumer, you also keep the protection of the mandatory rules of the country where you live, and you may bring a claim in the courts of that country.
If you have a problem with the Game, please contact us first. Most issues can be resolved quickly and informally.
16. Contact
Maxence Bourdin (sole trader, ABN 86 988 745 013)
Unit 9, 54 Cheriton Street, Perth WA 6000, Australia
Email: studioinspr@gmail.com