Terms of Service

1. About these terms

These terms are a binding agreement between you and Cubeage Limited, a company incorporated in Hong Kong ("Cubeage", "we" or "us"). They cover every Cubeage game, the Cubeage account that runs across them, our websites, and everything you buy in a game (together, the "service"). Some of our games were first published under an earlier publisher or developer name, such as Gameflask, Lucky Star or CUBEACE; Cubeage Limited operates them now, and these terms replace any terms published with them before.

By creating an account, playing a game, or buying something in it, you accept these terms and our privacy policy. If you do not accept them, do not use the service. A game may have its own rules for an event, a season or a competition; those rules are part of these terms, and these terms win if the two disagree, except where section 22 or the law says otherwise.

2. Words used in these terms

• "Account" means the Cubeage account you play with, whether you created it with an email address, with an Apple, Google, Game Center or Play Games sign-in, or as a guest on one device.
• "Virtual items" means in-game currency (such as coins, gems or chips), items, passes, boosts and any other in-game content, whether you bought it or the game gave it to you.
• "Paid virtual items" means virtual items you bought with money, directly or with currency you bought.
• "Consumer" means an individual acting wholly or mainly outside their trade, business, craft or profession.

3. Your account

• Give accurate details, keep them current, and keep your password and sign-in methods to yourself. You are responsible for everything done through your account, unless it was done by someone you did not allow, and you told us promptly once you knew.
• One person, one account. You may not sell, rent, lend, share or transfer an account, and we do not recognise any such transfer.
• A guest account lives on one device. If you lose the device or delete the game before you link a sign-in method, the account and what it holds may be lost, and we may be unable to recover it.
• We may refuse to open an account, or refuse a display name or content, at our discretion.
• An account holds no ownership of anything in it. The account and its virtual items belong to us, and your rights in them are only those these terms give you.

4. Rules of play

You agree not to:

• cheat: use hacks, bots, scripts, macros, emulators or modified clients, or anything else that automates play or gives an advantage the game does not;
• exploit a bug, a glitch or a pricing error, or fail to report one you find;
• collude with other players, deliberately lose chips or items to another account, or run more than one account to gain an advantage;
• attack, overload, probe or interfere with our servers, networks or other players;
• copy, decompile, reverse-engineer or modify a game, except as far as the law allows despite this restriction;
• buy, sell, trade or offer accounts, virtual items or boosting for real money or anything of value outside the game, or use an unauthorised seller;
• harass, threaten, defraud or impersonate anyone, post unlawful, hateful or sexual content, or collect other players’ personal information;
• use a payment method you are not authorised to use, or make a purchase you intend to reverse; or
• break the law or the rules a game publishes.

5. Suspension and closure of accounts

If we reasonably believe you have broken these terms, or that action is needed to protect the service, other players or us, we may, at our discretion and without compensation: warn you; remove content or a display name; reset, remove or reverse virtual items, winnings or progress that were gained improperly; restrict chat, trading, purchases or rankings; suspend the account; or close it permanently. Our automated systems detect cheating, fraud and refund abuse and can apply these steps.

Where the law or the circumstances allow, we tell you what we did and why. You can appeal, and a person reviews it. If we close an account for a breach, its virtual items are forfeited and are not refunded, and you may not open another account without our permission.

6. Virtual items and purchases

• Virtual items are licensed, not sold. When you get one, we give you a limited, personal, non-transferable, non-sublicensable and revocable licence to use it in the game it belongs to, for as long as the game offers it and these terms apply. You have no property or other right in it.
• Virtual items have no monetary value. They cannot be redeemed, cashed out or exchanged for money, goods or anything of value, and we never buy them back. Their price is not a measure of their value to you or to us.
• Virtual items can be traded, gifted or transferred only where a game provides a way, under its rules. Any other trade is void, and items obtained through one may be removed.
• We may manage, change, rebalance, limit, reprice or remove any virtual item, its effects and its availability at any time, including by changing rates of play, rewards and the games themselves. Unless the law requires otherwise, we owe you nothing when we do, even if it affects what you bought.
• Prices are shown before you buy, in the store’s currency and including any tax the store collects. We may change prices and offers at any time. Offers, bundles and prices can differ between players and over time, and some are personalised by automated means; where the law requires it, the offer says so. A price change does not affect a purchase you have already completed.
• Purchases in an app are made through Apple or Google, and purchases on our websites through Sylphx Money, our payment provider. The store’s or provider’s terms also apply to the payment. A paid virtual item is delivered when the payment is confirmed to us; if one is missing, send us the order number and we will check the order.
• If a virtual item is credited by mistake — a fault, a duplicate delivery, or an obvious pricing error — we may correct it.

7. Refunds, chargebacks and refund abuse

All purchases are final and non-refundable, except where the law or the store’s rules require a refund. Refunds of in-app purchases are decided by Apple or Google under their own rules; ask them through your store account. We do not interfere with that process.

When you ask Apple for a refund of a purchase in one of our games, you agree that we may send Apple information about the purchase and your account — how much of the purchase was used and delivered, the account’s age, play time, purchase and refund history, and status — so that Apple can decide the request.

If a purchase is refunded, reversed or charged back, the licence to what it gave you ends. Our systems then apply these steps in the game, as far as each is needed:

1. We remove the refunded item or currency if it is unspent.
2. If the currency was already spent, the account’s balance goes below zero and is shown to you as a debt.
3. While the account is in debt, trading, gifting and leaderboard rewards are paused. You keep playing, and the debt is repaid from what you earn by playing and from your next purchases before anything else. The restrictions lift by themselves when the debt is repaid.
4. Repeated refunds of items you had already used can suspend purchasing and trading, and further abuse can suspend the account.
5. An account or device with a history of refund abuse can get lower purchase limits and delayed delivery of high-value items.

You can appeal any of these steps. A refund for a purchase made by a child without permission is never taken beyond step 2.

8. The right to cancel digital content

If you are a consumer in the European Economic Area or the United Kingdom, you normally have 14 days to cancel a purchase of digital content. When you buy virtual items from us, you ask us to supply them immediately and acknowledge that you lose that right to cancel once supply begins, which happens when the items are delivered to your account. We ask you to confirm this before you pay and send you a confirmation afterwards. For purchases through Apple or Google, the store tells you how its own cancellation right works.

9. Subscriptions and passes

• A subscription renews automatically at the end of each period, at the price then in force, until you cancel it. Before you subscribe, the game shows the price, the billing period, what each period includes, and when any free trial ends and what it then costs.
• Cancel in your App Store or Google Play account settings before the renewal date the store shows. Cancelling stops the next renewal; you keep the benefits until the end of the period you paid for, and a part-used period is not refunded except where the law or the store’s rules require it.
• We may change what a subscription includes and its price. A price rise is notified to you in advance, as the store’s rules and the law require, and you can cancel before it applies.
• If you are a consumer in the United Kingdom, you also have the rights that UK subscription contract law gives you where it applies to your subscription, including reminders before renewal and a cooling-off period.

10. Random items and simulated gambling

• Where a game sells random items, it shows the odds of each item or rarity before you buy, as store rules and the law of your market require. The odds shown are the odds of that draw at that time. We may change the items, odds and guarantee rules of future draws; a change never affects a draw you have already paid for.
• Card, tile and casino-style games that use chips are for entertainment only. They offer no real-money gambling, nothing won in them has any value outside the game, and success in them does not mean success at real-money gambling.
• Chips and other stake currency cannot be transferred between players except where a game provides a way. Collusion, chip dumping and any trade for real money break these terms.

11. Age

Each game is for the age shown on its store page. If you are under the age of majority where you live, you may use the service and buy things only with the permission of a parent or guardian, who accepts these terms for you and is responsible for your use of the service, including purchases. Refunds of purchases made by a child are handled by Apple and Google under their own policies.

12. Our content

The games and everything in them — names, artwork, music, code, characters, virtual items and data — belong to us or our licensors. We give you a limited, personal, non-exclusive, non-transferable and revocable licence to download and play them on your own devices for your own entertainment, for as long as these terms apply. We keep every right we do not expressly give you.

13. What you send us

You keep the rights to what you post in a game or send us. You give us a worldwide, royalty-free, perpetual, transferable and sublicensable licence to host, use, copy, adapt, publish and show it in connection with the service and its promotion. You confirm you have the right to give that licence. We may remove anything you post, at any time.

Feedback and ideas about the service are free for us to use, with no obligation to you.

14. If someone else uses your account

Tell us as soon as you notice. We may suspend the account while we check what happened. Where our records show that virtual items were taken by someone else without your fault, we may restore them, at our discretion; we are not responsible for loss caused by your sharing your sign-in details or by not keeping them safe. If you are in Taiwan, section 22 sets out the process instead.

15. Changes, maintenance and closure

• We may change, update, add or remove any part of the service, including games, modes, features, content, events and rewards, at any time. You may need to install an update to keep playing.
• We do not promise that the service will be available at any time or free of errors. We may pause it for maintenance, updates or emergencies, with or without notice. We do not compensate for downtime or maintenance, or for progress, rewards or chances lost during it, except where the law requires. If we choose to give something in a particular case, it is a goodwill gesture that creates no obligation.
• We may close a game or the service. We announce a closure in the game or on our website in advance — at least 30 days in advance where the law requires it — and stop selling paid virtual items for that game when we announce it. When the game closes, your licence to its virtual items ends, and unused virtual items are not refunded except where the law requires.

16. Ending this agreement

You can stop using the service at any time and delete your account. We may end this agreement, or close an inactive account, with reasonable notice, or at once under section 5. When the agreement ends, your licences end, and virtual items are forfeited without refund except where the law requires. Sections that by their nature should survive — virtual items, liability, disputes and the general terms — survive.

17. Our liability

The service is provided "as is" and "as available". As far as the law allows, we exclude all warranties, conditions and terms not written in these terms, including of satisfactory quality, fitness for a purpose and uninterrupted or error-free operation.

As far as the law allows, we are not liable for: loss of profit, revenue, data, goodwill or opportunity; indirect, consequential, special or punitive loss; loss caused by your device, your network, the stores or other third parties, or by another player; or loss caused by events outside our reasonable control. Our total liability to you for all claims connected with the service is limited to the greater of the amount you paid us in the 12 months before the claim arose and HK$800.

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law. If you are a consumer, you have statutory rights these terms do not affect: for example, in the United Kingdom, digital content must be as described, fit for purpose and of satisfactory quality, and in Hong Kong, a service must be supplied with reasonable care and skill.

18. Complaints and help

Come to us first: contact support with your player id, the game, and what happened. We look into every complaint and answer within the period the law of your market sets, or otherwise as soon as we reasonably can.

19. Governing law and disputes

These terms and any dispute about them or the service are governed by the laws of the Hong Kong Special Administrative Region, and the courts of Hong Kong have exclusive jurisdiction. If you are a consumer, you keep the protection of the mandatory law of the place you live, and you may bring a claim in the courts there where that law allows it.

If you live in the United States: you and we agree to resolve any dispute by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Consumer Minimum Standards, and not in court, except that either of us may bring an individual claim in small claims court, or ask a court to stop infringement of intellectual property. Claims may be brought only individually, never as a plaintiff or class member in a class, collective or representative action. If 25 or more similar claims are brought by the same or coordinated counsel, they are administered in batches. The Federal Arbitration Act governs this paragraph. You may opt out of it by emailing us within 30 days after you first accept these terms. If the class action waiver is found unenforceable, this arbitration paragraph does not apply to that claim.

Where the law allows, a claim must be brought within one year after it arose.

20. Privacy

Our privacy policy explains how we handle personal data, and how to delete your account.

21. Changes to these terms

We may change these terms. The date at the top shows the current version. For a change that is materially to your disadvantage, we tell you in the game or by email a reasonable time before it takes effect, and at least as long before as the law of your market requires. If you do not accept a change, stop using the service and delete your account; if you keep using it after the change takes effect, you accept it. A change does not apply to a dispute that arose before it.

If you accepted an earlier version of these terms, this version applies to you 30 days after it is published here.

22. If you are in Taiwan

If you are a consumer in Taiwan, the mandatory items of Taiwan’s Mandatory and Prohibited Provisions for Standard Contracts of Online Game Services apply to you and prevail over anything in these terms that conflicts with them. In particular:

• These terms are published here at all times, and you may take a reasonable period of at least three days to review them before you agree. Where these terms and a game’s rules or our advertising conflict, the interpretation more favourable to you applies.
• Within 7 days after you start playing, you may end this agreement by email or in writing without giving a reason or paying any fee, and ask for a refund of the stored value you have not used.
• We keep your game records (purchases, sign-in and sign-out times and IP addresses, items and currency gained and spent, progress and trades) for at least 30 days. You may ask for a copy with proof of identity; the fee is NT$180 per request, and we provide it within 7 days.
• If your account is used without your permission, we may suspend it after checking the sign-in records. We ask the person holding the records to explain within 7 days; if they do not, we restore the records to you, or agree an equivalent with you where they cannot be restored, and then lift the suspension. You pay nothing for the period of suspension. If they disagree, the matter goes to the police and the courts. A person who makes a false report is responsible for the harm it causes.
• If our systems fall below the security that the technology and professional standards of the time can reasonably be expected to give, or a program bug in a game causes you loss, we are liable for that loss; we may reduce that liability if we prove we were not at fault.
• Where a game sells random items for money, the game discloses each item and its odds as the rules require.
• We announce the closure of a game at least 30 days in advance, and refund stored value you have not used as the rules require.
• We answer a complaint within 15 days. Complaints can be sent at any time to support@cubeage.com.
• This section does not exclude the courts that article 47 of the Consumer Protection Act and article 436-9 of the Code of Civil Procedure give you.

23. Other markets

• European Economic Area and United Kingdom: nothing in these terms limits the rights mandatory consumer law gives you, including remedies for digital content that is not as described or not of satisfactory quality, and liability for damage digital content we supply causes to your device or other digital content where we failed to use reasonable care and skill. You can also use the online dispute resolution or alternative dispute resolution routes available in your country.
• Korea: where the Act on Consumer Protection in Electronic Commerce applies, you may withdraw a purchase within the period it sets, except for items already used or received and items shown as non-withdrawable before purchase, as that Act allows.
• Japan: a game offered on the Japan storefront never awards a prize for completing a set of paid random items.

24. General

• These terms, the privacy policy and a game’s published rules are the whole agreement between you and us about the service.
• If a court finds part of these terms unenforceable, that part is limited or removed as little as needed, and the rest continues to apply.
• We may transfer this agreement to a company that takes over the service or the business, or to another company in our group; your rights under the law are not reduced by it. You may not transfer it.
• If we do not enforce a term straight away, we can still enforce it later.
• Nobody other than you and us has a right to enforce these terms.
• These terms are published in English and Chinese. If the versions differ, the English version prevails, except where the law of your market requires the version in your language to prevail.

25. How to contact us

For anything in these terms: support@cubeage.com, or through the contact page.

Cubeage Limited (Hong Kong).