These Terms of Use ("Terms") govern your use of Tiny Survivor (the "Game"), published by Forsyth Development LLC, a California limited liability company ("we", "us"). By downloading or playing the Game you agree to these Terms. If you do not agree, do not use the Game.
Apple's licensed application terms
The Game is licensed to you, not sold. Your use is also subject to Apple's Licensed Application End User License Agreement (the "Standard EULA"), which is incorporated by reference. If these Terms conflict with the Standard EULA, the Standard EULA controls on the points it covers. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Apple is not responsible for the Game, its maintenance and support, warranty claims, or claims relating to the Game; those are our responsibility.
License
We grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and play the Game on Apple devices you own or control, for personal, non-commercial use. You may not copy, modify, reverse engineer, resell, or distribute the Game or its content, except as the law allows. All rights not granted are reserved.
Who may play
You must be old enough to agree to these Terms where you live, or have your parent or guardian's permission. The Game contains mild cartoon fantasy violence and shows ads; it is not directed to children under 13.
Legal compliance and third-party terms
You represent that you are not located in a country subject to a U.S. government embargo or designated as a terrorist-supporting country, and that you are not on any U.S. government list of prohibited or restricted parties. You must also follow any third-party terms that apply when you use the Game (for example your wireless carrier's terms).
Fair play
You agree not to cheat, tamper with the Game or its saved data in ways that unfairly affect leaderboards, use bots or exploits, interfere with Game Center, or attempt to circumvent ads or purchases. We may remove leaderboard entries or limit access that we reasonably believe are fraudulent.
Progress, shards, and virtual items
- Your progress, shards (in-game currency), cosmetics, and revives are stored on your device. Deleting the Game or using Settings → Reset progress erases them, and we cannot restore them.
- Shards, cosmetics, and revives are virtual items with no cash value. They cannot be sold or transferred, and they are licensed for use in the Game only.
Purchases
The Game offers an optional consumable in-app purchase (the 3 Revive Pack, three revives). Prices are shown in the App Store in your local currency. Purchases are processed by Apple and are subject to Apple's terms; all sales are final from us, except that Apple's refund policy and applicable law may entitle you to a refund. Apple decides refund requests. Refund requests go through Apple at reportaproblem.apple.com. Used revives cannot be restored, and resetting your progress erases any unused revives you hold.
Ads
The Game may show optional rewarded video ads provided by third parties such as Google AdMob. We are not responsible for third-party ad content. See our Privacy Policy for how advertising data is handled.
Game Center
Leaderboards use Apple Game Center and are subject to Apple's Game Center terms. We are not responsible for Game Center availability.
Updates and availability
We may update, change, suspend, or discontinue the Game or any feature at any time. Updates may be required to keep playing. We do not promise the Game will always be available, uninterrupted, or free of errors.
Disclaimer of warranties
To the fullest extent the law allows, the Game is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms limits rights you have that cannot be limited by law.
Limitation of liability
To the fullest extent the law allows, Forsyth Development LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost progress or data, arising from your use of the Game. Our total liability for any claim relating to the Game will not exceed the amount you paid for the Game and in-app purchases in the twelve months before the claim. Some places do not allow certain limits, so parts of this section may not apply to you.
Termination
These Terms stay in effect while you use the Game. If you break them, your license ends automatically. You can stop at any time by deleting the Game.
Governing law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules, and the courts located in California have jurisdiction, except where the law of your place of residence requires otherwise.
Changes to these Terms
We may update these Terms from time to time. The effective date above shows when they were last changed. Continuing to play after a change means you accept the updated Terms.
Questions and claims
If you have a question, complaint, or claim about the Game, contact us at the email below. Apple is not responsible for addressing them.
Contact
Forsyth Development LLC — matthew.forsyth01@gmail.com