Halfbrick's
terms of service.

1. Introduction

1.1. These Terms of Service (TOS) sets out the relationship between you and Halfbrick Studios Pty Ltd ABN 89 109 693 227 (“us” or “we”) regarding your use of our Services. For the meaning of certain words and phrases, please see the Definitions below.

1.2. By accessing our Services, you agree to these TOS, the Privacy Policy, House Rules, and applicable Game Policies.

1.3. If a child wishes to use our Services, the child’s legal guardian agrees to these TOS as a precondition to the child’s use.

1.4. You can access these TOS at any time at www.halfbrick.com/terms-of-service. We reserve the right, in our sole discretion, to change, modify, add or remove portions of the TOS by update. After an update, your continued use of our Services confirms your acceptance of the updated TOS.

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2. Using our Services

2.1. Limited License. Subject to these TOS, we grant you a non-exclusive, non-transferable, non-sublicensable, limited right to use our Services for your own personal, non-commercial, entertainment purposes. You agree not to use our Services for any other purpose. The rights granted to you are subject to your full compliance with Our Policies.

2.2. System Requirements. Our Services require compatible devices and may be subject to compatibility or technical limitations. We may deploy automatic or manual updates to our Services at any time and without notice to you. Your use of our Services may be affected by the performance of these elements.

2.3. No uptime guarantee. You must have internet to access our Services, and access may require other services offered by us, our affiliates, or third parties. We do not guarantee service uptime or availability, and we are not responsible for any downtime. We may discontinue our Services, or any part of them, at any time.

2.4. Security features. We may implement security features on our Services, and you will not, and will not authorize or enable anyone to, circumvent or interfere with any security features.

2.5. Health and Safety. You should take frequent breaks when playing Games, play the Games in a well-lit room, and sit a reasonable distance away from the screen. Some individuals may experience lightheadedness, seizures, or blackouts when exposed to flashing lights or other repetitive light patterns, which can occur when playing video games or using VR or AR headsets. If you, or anyone in your family, have an epileptic condition, consult a physician before playing the Games. If you experience any of the following symptoms while playing a Game – dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions – stop playing the Game and seek medical care immediately.

2.6. Accounts and Login. Certain parts of our Services may enable you to create an Account or otherwise log in to the Services. Where you do so, you must take reasonable steps to protect your login details and keep them secret. You are responsible for all activities performed using your Account, whether the access is authorized by you or not. We will assume anyone using your Account has your permission to do so.

2.7. Restrictions. You may use the Games only as permitted by our Policies and applicable law. You may not, and you will not assist or authorize any other person to:

• reverse engineer, decompile or disassemble, or otherwise tamper with, our Services or any part thereof;
• sell, rent, lease, lend, loan, distribute, transfer, or sublicense the Games or our Services, or act as a host or matchmaking service for the Games or our Services without our consent, or otherwise facilitate any unauthorized connection that emulates portions of our Services;
• copy, modify, alter, or otherwise create derivative works of the Services (except as expressly permitted by us in clause 3.4); or
• interfere with or circumvent any feature of the Games or our Services, access or use the Games or our Services in a way intended to avoid fees or restrictions, or otherwise exploit them (including by intercepting, collecting, scraping, mining, or reading data, or using applications or services such as hacks, bots, cheats, scripts, or mods that are not expressly permitted by us in our Policies).

2.8. In-Game Items. When playing the Games, you may obtain In-Game Items. You acknowledge and agree that:

• In-Game Items have meaning only in the virtual and fictional world of the Game;
• In-Game Items have no monetary value, are not real-world currency, and cannot be resold or redeemed for cash;
• you have no ownership or property interest in any of the In-Game Items that we attribute to your account, or to any Game Content we authorize you to access, regardless of any effort, real-world money or other consideration you may have exchanged for access to an In-Game Item or Game Content;
• while we provide you the ability to access and use In-Game Items and Game Content, we retain all rights in and to all In-Game Items and Game Content;
• (e) we may remove or alter an In-Game Item or Game Content attributed to your account or accessible to you at any time without notice or liability, arising in contract, tort, or otherwise;
• we are not responsible for loss or theft of In-Game Items;
• we may enable you to trade certain In-Game Items for other In-Game Items as part of gameplay but otherwise, you may not sell, transfer, or offer In-Game Items in exchange for real-world currencies or consideration, whether inside or outside of the Games.

2.9. Modifications. We may change, modify, suspend, or discontinue support for our Services and In-Game Items, in whole or in part, at any time without notice.

2.10. Affiliates; third parties. Certain Games may be distributed through stores or distribution services offered by our affiliates or third parties, and you may be required to create an account with those parties. Your relationship with those parties is governed by their terms. To the extent there is a conflict between their terms and this Agreement, the terms of this Agreement will control with respect to the Games.

2.11. Non-compliance. We reserve the right to limit, suspend, terminate, modify, or delete your Account or your access to our Services or portions of our Services if you, or we suspect that you are, failing to comply with Our Policies or for any actual or suspected illegal or improper use of our Services, with or without notice to you. If we terminate your Account, you must not access any other accounts, or create any further accounts.

2.12. No activity. We reserve the right to delete your Account if no activity is conducted by you in relation to the Account for 180 or more days. If your Account is deleted for this reason, you will not be notified, and you will no longer be able to access and/or use any In-Game Items associated with that Account, and no refunds will be offered to you.

2.13. Data loss. You understand that if you delete your Account, or if we delete your Account in accordance with these TOS, you may lose access to any data previously associated with your Account, including, without limitation, the levels or scores you have reached and any In-Game Items associated with your Account.

2.14. Advertising. You understand that:

• our Services may feature advertisements from us and third parties;
• we may at our sole discretion introduce advertising into any of our Services that do not presently contain advertising, unless we have explicitly stated that that Service will be an advertising-free Service;
• we are not responsible for the content of any third-party advertisements, nor the content of any website or other materials that may be linked to by third-party advertisements, and you view those third-party websites and materials at your sole risk; and
• we provide information to third-party advertisers in accordance with our Privacy Policy.

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3. Game Communities

3.1. Code of Conduct. To make our Services and the communities of players and fans as welcoming and enjoyable as possible for all users, you agree to abide by any House Rules, Game Policies, and applicable law. If you violate Our Policies, applicable law, or otherwise act in inappropriate or offensive ways, we may take disciplinary action against you, including revoking or limiting your access to our Services, communication features, and In-Game Items, in connection with a single Game, all Games, Game forums, or other community areas. Any material violation may also result in the suspension or termination of your Account.

3.2. Communications Features. In addition to the core gameplay features of the Games, we may include ancillary features in the Games and on related services and forums that enable you to communicate with us, and with the community. We do not guarantee that communications features will be uninterrupted, error-free, suitable for any purpose, or will remain available, and you should not rely on the availability or functionality of these communication features for any purpose.

3.3. Monitoring. We may (but are not obligated to) monitor and record your game sessions and communications in our Services and related websites and services for various reasons, including to enforce these TOS, ensure compliance with Our Policies, prevent cheating, and improve our Services.

3.4. Community Projects. We grant you a limited, revocable license to create Community Projects such as fan art or gameplay videos on the following terms and conditions:

• you will at all times comply with these TOS, House Rules, applicable laws, and any other policy on Community Projects;
• you grant us a non-exclusive, worldwide, perpetual, irrevocable, transferrable, sublicensable, royalty-free license to use, reproduce, modify, create derivative works of, publicly display, publicly perform, and distribute your Community Projects;
• you will not use Game Content in another game, or extract Game Content from our Services or distribute that Game Content as separate assets;
• you may not use our trademarks, trade names, logos, domain names, taglines, or trade dress without a separate license signed by us;
• you will not disparage other players, or challenge our (or our licensors) ownership of our Services, including by using or registering confusingly similar trademarks or domains;
• you represent and warrant that you have and will maintain all necessary rights to any third-party materials used in your Community Projects;
• your Community Projects are derivative works of our Services;
• any interest you may have in your Community Projects is subject to our (and our Licensors) ownership of our Services and the license in this clause 3.4; and
• you agree to defend, indemnify, and hold harmless us from any Claims related to Community Projects you create.

3.6. User Content. If our Services allow you to create, submit, post, or display content such as gameplay videos, forum posts, fan art, or other creative projects ("User Content"), you agree that:

• you will abide by these TOS, Our Policies, and applicable law when creating, posting, or sharing User Content;
• you grant us a worldwide, perpetual, irrevocable, royalty-free, fully transferable, sublicensable license to use, exploit, modify, and distribute your User Content;
• any User Content created by you does not infringe or misappropriate any third-party rights, including intellectual property rights; and
• we reserve the right to remove, block, or modify any User Content that we deem violates Our Policies, applicable law, or is inappropriate.

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4. Intellectual Property

4.1. No assignment. You agree that all Intellectual Property relating to our Services is owned by or licensed by us. Our Services are licensed to you, and you understand that no title or ownership in our Services is transferred or assigned to you. This TOS is not a sale of any rights in our Services.

4.2. Limited license. Except as set out in clauses 2.1 and 3.4, you do not receive any other license and acknowledge that all rights, title, and interest in our Services are reserved by us and our licensors.

4.3. All rights reserved. We (or our licensors) retain ownership of all copyright, trademarks, code, software, characters, character names, character likeness, signature moves, game names, storylines, themes, catch phrases, dialogue, settings, artwork, sound effects, music, in-app items, gameplay recordings, marketing and advertising materials, lore, trade secrets, patents, and all other rights in or derived from our Services.

4.4. No copying or distribution. Our Services must not be copied, reproduced, or distributed in any manner or any medium without our prior written consent, which we may grant or withhold in our sole discretion.

4.5. Third-Party Components; Open Source. Third-party software, including open-source software, may be incorporated in our Services. Such software is provided under a separate license which prevails over these TOS for the third-party software.

4.6. Rights in User-Generated Content (UGC). Our Services may allow you to create User Content. To the extent that User Content created by you gives rise to any Intellectual Property rights, you will retain ownership of those rights. You grant us a worldwide, perpetual, irrevocable, royalty-free, fully transferable and sublicensable license to use, exploit, or modify your User Content in any way and for any purpose, without compensation to you. You further agree not to enforce any moral rights that you may have now or in the future in respect of your User Content.

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5. Your Obligations

5.1. You agree that you:

• will not rent, lease, lend, sell, transfer, redistribute, or sublicense our Services;
• will not make our Services available over a network to be used by multiple Devices at the same time;
• must remove any copies of our Services from any Device before you sell, dispose of, transfer, or assign such Devices;
• will not use or promote the use of any form of cheats, modifications, exploits, or other unauthorized means to interfere with or gain undue advantage in your use of our Services;
• will not use our Services for any commercial purpose without our prior written consent, which may be withheld at our sole discretion. You must not make our Services available for public use such as in a games arcade, use our Services within your own products or content (e.g., TV programs or films), or use our Services in advertising, solicitation, or transmission of any commercial advertisements;
• will not disrupt or burden the normal operation of our Services, our infrastructure, or any of our other business activities;
• will not attempt to gain unauthorized access to our Services;
• will not make any automated use of our Services;
• will not impersonate any other person in your use of our Services;
• will not post another person’s personal information or data through our Services without that person’s consent;
• will not use our Services to distribute any information, content, or materials in breach of these TOS or our House Rules;
• will not attempt to decompile, reverse engineer, disassemble, or hack our Services, or to defeat or overcome any of our encryption technologies, security measures, or data transmitted, processed, or stored by us;
• will not use our Services to harass, abuse, threaten, or harm another person, or attempt to incite others to do so;
• will not copy, distribute, make available to the public, or create a derivative work from our Services or any part thereof unless we have agreed to this in writing;
• will not use our Services to gather, accumulate, or otherwise aggregate information or data, including information about us, our Services, or other users; and
• will not use our Services in connection with any actual or attempted contravention of any laws.

5.2. Data usage. You are responsible for ensuring that your installation and use of our Services does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other third-party services.

5.3. Digital storefronts. You must comply with the terms of service of the relevant digital storefront where you obtained our Services.

5.4. Third parties. You must comply with any applicable third-party terms of agreement when using our Services.

5.5. Truth. Information that you provide to us must be true, accurate, and complete at all times.

5.6. Compliance with laws. To use our Services, you must comply with the laws that apply to you in the location where you access our Services. If any applicable laws restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if necessary, stop accessing and using our Services.

5.7. Indemnification. You agree to compensate us, as legally required, for all losses, harm, Claims, and expenses that may arise from any breach of these TOS by you.

5.8. Security. You agree that:

• No data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information, we cannot guarantee the security of any information you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
• However, once we receive your transmission, we will take reasonable steps to preserve the security of it.

5.9. Your precautions. You must take your own precautions to ensure your access to our Services does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your devices. We do not accept responsibility for any interference or damage to your devices which arises in connection with your use of our Services.

5.10. Privacy Policy. We will collect, process, use, and share your personal information in accordance with our Privacy Policy, as set out in Our Policies and as you otherwise consent. Our Privacy Policy forms part of these TOS, and your agreement is a precondition to your use of our Services.

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6. Updates & Access to our Services

6.1. Right to withdraw or modify. We have the right to withdraw or modify our Services (in whole or in part) at any time for any reason. For the avoidance of doubt, you understand that we have the right to alter our Services at our sole discretion.

6.2. Availability. You understand that there may be times when our Services, or any part of our Services, is not available for technical or maintenance-related reasons, whether on a scheduled or unscheduled basis.

6.3. Updates. You understand that:

• We may, at our sole discretion, provide Updates and may require you to accept these Updates to our Services;
• You may need to update third-party software from time to time to continue using our Services;
• It is your responsibility to update our Services and third-party software when updates are available. We are not liable for any loss that you may suffer as a result of your failure to update; and
• We are not obligated to support our Services by providing advice, training, error-correction, modifications, new releases, enhancements, hosting, telecommunication, internet, or other services related to your use of our Services.

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7. Disclaimer & Release

7.1. No liability. To the fullest extent permitted by law, we are not liable for any claims or losses arising directly or indirectly from:

• A failure to provide our Services, or any part thereof;
• Corruptions to or loss of data, errors, or interruptions occurring in the course of using, or as part of, any of our Services;
• Any suspension or discontinuance of any of our Services, or any part thereof; or
• Any use of our Services by other users, including any use of our Services by other users which contravenes these terms.

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8. Warranty

8.1. "As is" basis. Our Services are provided on an “as is” and “as available” basis for your use. You understand that our Services cannot be guaranteed to be error-free and that the existence of any errors will not be a breach of these terms.

8.2. Limitations of liability. Except as expressly provided in these terms, and to the full extent permitted by law:

• We will not be liable to you for any loss, including special, indirect, or consequential damages (such as loss of profits), or claims, arising out of a breach of these TOS, our Policies, or arising out of the supply of our Services;
• We will not be liable to you for any personal injury or death arising directly or indirectly from the use or misuse of any product or service provided under these TOS;
• Our liability for any term, condition, guarantee, or warranty implied by law and which cannot lawfully be excluded is limited, at our option, to:
  • In the case of goods – repairing, replacing, or supplying equivalent goods, or paying the cost of any of those remedies to you; or
  • In the case of services – supplying the services again or paying the cost of having the services supplied again; and
• Our maximum aggregate liability to you for any losses you incur or claims you make against us is limited to AUD$10.

8.3. Independent judgment. You agree that you have exercised your independent judgment in acquiring and using our Services and have not relied on any representation made by us, except those expressly stated in these terms or in our other official materials.

8.4. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

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9. Security & Privacy

9.1. Security. While we strive to protect the security of any information you transmit to us, we cannot guarantee total security. Any information you transmit to us is at your own risk. Once we receive your transmission, we will take reasonable steps to ensure its security.

9.2. Your precautions. You must take your own precautions to ensure your access to our Services does not expose you to viruses, malicious code, or other forms of interference that may damage your device. We do not accept responsibility for any interference or damage to your devices arising in connection with your use of our Services.

9.3. Privacy Policy. We will collect, process, use, and share your personal information per our Privacy Policy, which forms part of these TOS. Your agreement to the Privacy Policy is a precondition to your use of our Services.

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10. General Provisions

10.1. Assignment. We may transfer all or part of our rights or responsibilities under these TOS to another party without obtaining your consent, provided the transfer does not significantly disadvantage you. You may not transfer any rights granted to you under these TOS without our prior written consent.

10.2. No class actions. Any proceedings related to these TOS will be conducted individually. Neither you nor we will seek to have a dispute heard as a class action or any other proceeding in which a party acts in a representative capacity. No proceeding, mediation, or arbitration can be combined without prior written consent from all parties.

10.3. Entire agreement. These TOS, along with our Privacy Policy, House Rules, Game Policies, and any other terms communicated to you in writing, constitute the entire agreement between you and us regarding our Services and replace any prior agreements.

10.4. Severability. If any part of these TOS is found invalid or unenforceable, that part will be limited or eliminated to the minimum extent necessary, so that these TOS and Our Policies will otherwise remain in full force and effect.

10.5. Waivers. Our failure to exercise or enforce any rights under these TOS does not constitute a waiver of such rights. Any waiver of rights will only be effective if in writing and signed by us.

10.6. Governing Law. These TOS are governed exclusively by the law in force in Queensland, Australia. Any legal actions related to these TOS shall be brought in the state or federal courts located in Queensland, Australia.

10.7. Force Majeure. We are not liable for any delay or failure to comply with these TOS if the delay or failure is due to circumstances beyond our reasonable control, including fire, flood, act of God, strikes, lockouts, work stoppages, trade disputes, war, or terrorism.

10.8. Contact. If you have questions about Our Policies or our Services, please contact us at:

• Halfbrick Studios Pty Ltd
• Email: support@halfbrick.com

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11. Definitions

In these TOS, unless otherwise required by the context, the following words have the following meanings:

• Account means a user account registered per these TOS.
• Claim means any action, claim, proceeding, or demand whatsoever, whether currently existing or arising in the future, whether referable to past or future events.
• Game Policies means all terms, warnings, rules, policies, and recommendations related to a Game or provided by us or on our behalf.
• Games refers to Halfbrick and third-party digital games, associated client software (Game Clients), services, websites, supported community channels (Game Services), and content and data (Game Content) collectively referred to as "Games."
• Community Projects means non-commercial projects incorporating our Game Content (excluding third-party brands or materials identified in a Game content policy) to support our Game communities, such as gameplay broadcasts, fan art, and fan fiction.
• House Rules means the rules for user participation in our various forums, accessible at www.halfbrick.com.
• In-Game Items means gameplay items you may unlock, purchase, or otherwise gain access to within a Game (e.g., fictional currency, property, characters, skins, weapons, equipment, boosts, status indicators).
• Intellectual Property includes all worldwide rights relating to patents, copyright (including moral rights), designs, trademarks (registered and unregistered), trade secrets, know-how, confidential information, and all other intellectual property, including any right to register those rights, created before or after this document's date.
• Loss means all losses, costs, expenses, and damages (including legal costs) sustained or incurred, directly or indirectly.
• Our Policies means these TOS, the Privacy Policy, Game Policies, House Rules, and any other written terms communicated to you during your use of the Services.
• Privacy Policy means our privacy policy, as updated, accessible at www.halfbrick.com/privacy-policy.
• Services means services offered by us, including our Games, websites, and related services.
• Update means an update supplied by us that replaces or supplements any constituent element and may include adding, removing, modifying, or altering features at our discretion.
• User Content means any content generated, created, or otherwise brought about due to using our Services, including communications, images, sounds, data, information, or any material uploaded or transmitted through our Services, including chat text.

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