1.1 | Who is Thunderful and what does this EULA cover? We are Thunderful Publishing AB based at Kvarnbergsgatan 2, 411 05, Goterborg, Sweden (known as “Thunderful” – we may also refer to ourselves as “We” in this EULA), and we are a video games developer and publisher. This End User Licence Agreement (“EULA”) is a legally binding contract between you and Thunderful and it applies to you whenever you download, play and/or otherwise access any of our games (“Games”), our Virtual Items (as defined in section 5 below) or websites (including www.thunderfulgames.com) (together, the “Services”).
1.2 | How old do I have to be to play your Games? You must be at least 13 years old to sign-up to and play our Games. If you are between 13 and 18, you must ask your parent or guardian to review and approve this EULA and to supervise your use of the Games. Our Games may also have their own individual age ratings (e.g. from PEGI or ESRB) which may differ depending on where you are located; this may also impact whether our Games are right for you – if you are under 18 years old, you should check the age ratings of Games with your parent or guardian before accessing them.
1.3 | Who do I contact if I have a questions about this EULA? If you have any questions about this EULA, please feel free to email us at info@thunderfulgroup.com.
If you want to read about our data practices, our privacy policy is available to read here.
2.1 | What are the rules for using your Services? We ask you to follow a few simple rules if you download, play or access our Services. Please read them carefully, as failure to follow them will be considered a breach of this EULA, which could lead to suspension or cancellation of your access to our Services (more details on this in section 6.1). By downloading, playing and/or otherwise accessing the Services, you agree that you will comply with these rules.
(a) Personal Enjoyment. Only use the Services for your personal enjoyment, and not for any commercial, marketing or political purpose.
(b) Restricted Access. Do not attempt to copy, rent, sell, lend, lease, sub-license, distribute, publish or publicly display the Services or any of your rights under this EULA to anyone else not expressly permitted under this EULA.
(c) Misuse. Do not:
(i) use the Services in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with this EULA;
(ii) cheat, hack, harm, insert malicious code/data into, modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile or disassemble the Services (unless you are allowed to under your local laws), or any platform / network / server the Services run on;
(iii) transmit, or facilitate the transmission of any virus, corrupted data, time bomb, trojan horse, worm, or anything intended to damage, interfere, intercept, scrape, mine or otherwise expropriate any system, data or personal information;
(iv) circumvent, deactivate, impair or otherwise bypass any technological measures implemented by Thunderful (or third parties acting on its behalf).
(d) Infringing Content. Do not do anything in connection with the Services that infringes copyright, trade mark, patent, trade secret, privacy, publicity or any other third party rights (including intellectual property rights).
(e) Conduct. Do not do or say anything that: (i) is or may be considered threatening, harassing, racist, sexist, discriminatory, harmful, abusive, defamatory or otherwise offensive or illegal; or (ii) impersonates any person, business or entity (including impersonating an employee or agent of Thunderful).
2.2 | Will there be early access or betas for any Games? We may release some Games (sometimes along with Virtual Items) before their full commercial release to test the features, capabilities, and performance of the product. This could be in prototype, alpha, beta, ‘Early Access’ or other pre-full release mode, and may be time-limited. Please remember that these versions might contain bugs, we might add or remove features and there may be server/progress resets (including for Virtual Items – as explained in section 5 below). We might set other requirements too, but these will be notified to you.
3.1 | When might the Services be changed or updated? Thunderful may modify, update and/or change the Services and/or their functionality for various reasons, in particular: (a) to comply with legal, regulatory or safety requirements; (b) to adapt to changes in market conditions, business practice or user behaviour; (c) to adapt to technological developments or other operational reasons (including those related to safety and security); (d) due to third party compliance or licence requirements; or (e) for your benefit or advantage.
Some Services will have minimum requirements (e.g. minimum computer specifications or require an internet connection) and it is your responsibility to ensure you meet these requirements before purchasing, downloading or using them. This may result in mandatory and/or automatic updates, meaning older or un-updated versions may become unusable over time as a result. We may also stop supporting older devices/platforms over time, but we will use reasonable efforts to notify this to you in advance.
3.2 | When might the EULA be changed or updated? We may also make changes to this EULA for various reasons too – such as to reflect changes in applicable laws or regulatory requirements and / or to implement technical changes or improvements (e.g. to address a security issue or changes in our business practices). If we make minor changes to the EULA, these should not impact your use of the Services and will take effect immediately on posting the updated version of the EULA to this page. If we make more significant changes to the EULA, we will notify you of these changes in advance.
Your continued use of the Services following any changes to this EULA (which, as explained above, will either take effect immediately or, where the changes are significant, following advance notice) will be deemed to be your acceptance of those changes which will be binding on you. If you do not agree to any changes to this EULA, you may not continue to use the Services.
4.1 | Who owns the Services? The Services including (but not limited to) its/their visual components, user interface, graphics, audio, video, text, layout, computer code, databases, data and all other content, along with all the intellectual property rights and exploitation rights in them (together the “Thunderful IP”), are either owned by Thunderful or licensed from third parties. All rights in the Thunderful IP are reserved by Thunderful. No ownership right or interest or other rights in the Thunderful IP or any part of it is transferred to you under or by operation of this EULA. We grant you only a personal, limited, terminable, non-exclusive, non-transferable licence to download, access, display, view and use the Services (including any applicable Thunderful IP) on authorised devices and platforms and solely for their intended purpose, subject always to you abiding strictly by this EULA.
4.2 | Who owns any User Generated Content? Some of our Services may allow you to share, create or upload content, such as messages, comments, images, sounds, video or other information (“User Generated Content”), including via player chat functionality. You own your User Generated Content, but by posting any User Generated Content in or via our Services, you are giving us permission to use it (legally, you give us a non-exclusive, permanent, irrevocable, worldwide, sub-licensable, transferable, royalty-free licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your User Generated Content in connection with the Services). If you do not agree to this, please do not post any User Generated Content.
It is your responsibility to ensure that you have all rights and permissions necessary to upload User Generated Content and to grant us the licence set out in the paragraph above. By uploading User Generated Content, you will be promising to us that you have all such rights and permissions.
Thunderful reserves the right (but is not obliged) to monitor and moderate any User Generated Content in its Services, and may prohibit or remove such User Generated Content if it breaches this EULA, including in particular (but without limitation) the rules set out in section 2.1 above, or if Thunderful is legally required to.
4.3 | I’ve got feedback or a suggestion for the Services, who do I contact? We always welcome feedback and suggestions (which you can send to info@thunderfulgroup.com) but we may choose not to use or accept them. If you choose to provide any feedback or suggestions to us, we are not obliged to give you any credit or compensation, nor do we have any other obligations or liability to you relating to such feedback or suggestions. By choosing to submit feedback or suggestions to us, you will be giving us permission to use such feedback/suggestions on the same licensed basis as you do for User Generated Content (see section 4.2).
5.1 | Does Thunderful offer Virtual Items? Certain Games may let you ‘purchase’ and/or otherwise obtain access to virtual, in-game digital items and content including cosmetic and in-game enhancements and other downloadable content (“Virtual Items”).
5.2 | Who owns the Virtual Items? In legal terms, when you ‘purchase’ or otherwise obtain (e.g., by ‘earning’) access to Virtual Items, you are receiving from us a limited, non-exclusive, non-assignable, non-transferable, non-sub-licensable, revocable licence to use such Virtual Items solely for your personal entertainment and non-commercial use in the relevant Game. This licence gives you usage rights, but Thunderful remains the legal owner of Virtual Items at all times. Virtual Items are digital items only with no cash-value or real-world existence and they generally cannot be ‘bought’, ‘sold’, gifted, transferred, traded or redeemed in any way.
5.3 | Do Virtual Items expire, or can they be revoked? Virtual Items do not generally expire (unless they’re stated to expire or are consumables). Thunderful is entitled to revoke from you (without notice or compensation) any Virtual Items that have been obtained by way of (for example) a bug, hack, breach, or exploitation of the Game, or if we terminate the EULA under section 6.1 below.
6.1 | When can Thunderful suspend or end my rights under this EULA, or my access to the Services?
(a) We may end or suspend (temporarily or permanently) your right to access any and/or all of our Services (including access to our Games and Virtual Items) if you materially breach this EULA – including any breach of the rules in section 2.1. If we end or suspend your access to our Services under this section, we will not have any obligations or liabilities to you at all. You may appeal your suspension or bans by contacting customer support.
(b) If Thunderful decides to stop providing any of the Games permanently, we will try and give you at least 60 (sixty) days’ notice and provide you with details of any next steps.
6.2 | When can I get a refund for the Games and/or Virtual Items? Your refund rights for the Games and/or Virtual Items will depend on your country of residence, the circumstances (e.g. if the Games have a fault), as well as the terms of any applicable device/platform via which you access the Game. For more information, please review the applicable terms of sale of the device/platform.
For UK/EU users, you have a right to withdraw from a purchase of digital content (such as a Game or Virtual Items). However, you may be asked by the relevant device/platform to consent to the immediate supply of the Game and/or Virtual Items at the point of sale, and acknowledge that you will lose your right to withdraw.
7.1 | There are certain situations where we will be responsible or liable for losses or damages you suffer. These are as follows:
(a) Where it would be unlawful to exclude or limit our liability.
We do not exclude or limit our liability to you where it would be unlawful to do so, this includes:
(i) Death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors);
(ii) Fraud or fraudulent misrepresentation;
(iii) Breach of your statutory rights as a consumer; and
(iv) For defective products.
(b) Foreseeable loss and damage caused by us.
If we fail to comply with this EULA, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking them, or our failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the EULA was agreed to, both we and you knew it might happen. We are not responsible for any loss or damage that is not foreseeable.
(c) Damage to device or digital content.
If the Services damage a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or have in place the advised minimum technical requirements.
(d) Personal losses.
We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purposes we will have no liability to you for any loss of profits, loss of business, business interruption or loss of business opportunity.
7.2 | Subject always to section 7.1 above,
(a) we will not be liable to you or any third party for any damages, claims, costs, or losses arising from or in connection with: (i) your use of (or inability to use) the Services; (ii) your breach of this EULA; (iii) any action that we may take under or in accordance with this EULA; or (iv) any failure or delay by Thunderful or its group companies, employees, agents, or representatives to perform its obligations under this EULA, to the extent that such failure or delay is caused by an event or condition beyond its/their reasonable control; and
(b) the total liability of Thunderful (and its group companies) arising out of or in connection with this EULA and/or your use of the Services will not exceed the total amount you have paid to us under this EULA during the twelve (12) months immediately prior to the event which caused the liability.
8.1 | What happens if there is a dispute between us? We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally, we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist. You and we have the legal right to commence legal claims against each other. If you bring a legal claim against Thunderful, you should send it to info@thunderfulgroup.com.
8.2 | What laws is the EULA governed by and which jurisdiction can claims be brought in? You and we agree that your use of the Services and this EULA (and any issues arising out of them) will be governed by and interpreted in accordance with the laws of Sweden, and any dispute regarding it will be under the jurisdiction of the courts of Sweden. This does not exclude any mandatorily applicable rules or remedies which would be available to you under the laws of your country of residence (including, if applicable, your right to bring proceedings in the courts of that country).
9.1 | We can assign, subcontract or transfer this EULA to a third party or another member of our group (as part of any reorganisation or merger or for other business reasons), provided that this does not materially negatively affect your legal rights (or with your agreement).
9.2 | You may get links from Thunderful or other users to third party website or content via the Services – be careful, as we cannot protect you when you leave our Services.
9.3 | This EULA governs our relationship with you (and vice versa). It does not create rights for anyone else.
9.4 | If any part of this EULA is found not to be legally enforceable, this will not affect any other part of it.
9.5 | No failure or delay by us or you to exercise any right or remedy provided under this EULA or by law will constitute a waiver of that right or remedy.