1. Agreement to these terms
These Terms of Use ("Terms") are an agreement between you and Magivix Studio ("we", "us" or "our"). They apply to our mobile games (each a "Game", together the "Games") and our website at magivix.com (the "Website"), together our "Services".
By downloading, installing, playing or otherwise using any of our Services, you agree to these Terms and to our Privacy Policy, which explains how we handle information. If you do not agree, please do not use the Services.
If you get our Games from Google Play, the Google Play Terms of Service also apply to your download and to any purchases. If those terms conflict with these Terms on a matter they cover, Google's terms apply to that matter.
2. Who can use our Services
Our Games are designed for a general audience and may be enjoyed by players of all ages. If you are under 18, or under the age of majority where you live, please review these Terms with your parent or guardian, who agrees to them on your behalf. Parents and guardians are responsible for supervising their children's use of the Services, including any purchases, and can use Google Play's parental controls and Google Family Link to approve purchases and manage screen time.
3. Your licence to play
Subject to these Terms, we give you a personal, limited, non-exclusive, non-transferable, revocable licence to download, install and play our Games on devices you own or control, for your own personal, non-commercial entertainment.
The Games are licensed, not sold to you. We, and our licensors, keep all rights not expressly granted to you in these Terms.
4. Rules of use
When using our Services, you agree not to:
- copy, modify, distribute, sell, rent or sublicense any part of the Games or the Website, except as allowed by law;
- reverse engineer, decompile or disassemble the Games, or try to extract their source code, except where the law specifically allows it;
- use cheats, bots, hacks, modified versions of the Games or any unauthorised software to gain an advantage, unlock content or interfere with how the Games work;
- interfere with, block or manipulate the advertising in the Games, including by generating artificial or fraudulent ad views or clicks;
- get around or tamper with in-app purchase systems, or obtain paid items without paying for them;
- attempt to access our systems, servers or data without authorisation, or disrupt or overload the Services;
- remove or alter any copyright, trademark or other notices; or
- use the Services in any way that breaks the law or the rights of others.
5. In-app purchases and virtual items
Our Games are free to download. Some Games offer optional in-app purchases, for example to remove ads or to unlock extra content, items or other virtual goods ("Virtual Items"). The price and what you receive are shown before you buy.
- Payments. All purchases are made through Google Play and processed by Google. Google's terms and payment policies apply, and we never receive your payment card details.
- Licence, not ownership. Virtual Items are licensed to you for use within the relevant Game only. They have no monetary value, cannot be exchanged for real money or anything of value, and cannot be sold, traded or transferred, except where the Game explicitly allows it.
- Saved on your device. Our Games do not use player accounts, so progress and most Virtual Items are stored on your device. Clearing the Game's data or uninstalling it can permanently remove them, and we may not be able to restore them. Purchases that are linked to your Google Play account, such as "remove ads", can usually be restored by signing in to the same Google account and using the Game's restore option, where available.
- Refunds. Refund requests are handled by Google under the Google Play refund policy. Except as required by law or by that policy, purchases are final. This does not affect any rights you have under consumer protection laws in your country.
- Changes to Virtual Items. We may change, rebalance or stop offering Virtual Items as part of improving our Games. If we permanently remove a paid feature you bought, we will act fairly and in line with applicable law.
6. Advertising
Our Games are supported by advertising, which allows us to offer them free of charge. Ads are provided by Google AdMob and are set up to be suitable for a general audience, including children, as described in our Privacy Policy. Ads may link to third-party apps, websites, products or services. We are not responsible for those third parties or their content, and any dealings you have with them are between you and them.
7. Intellectual property
The Games and the Website, including their names, the Magivix Studio name and logo, characters, artwork, graphics, sounds, music, text, software and designs, are owned by or licensed to Magivix Studio and are protected by copyright, trademark and other intellectual property laws. Except for the licence in section 3, nothing in these Terms gives you any rights to them. You may share links to our Website and Game listings, and you may share screenshots or short videos of your own gameplay for non-commercial purposes, provided you don't suggest that we endorse you.
8. Feedback
We love hearing from players. If you send us ideas, suggestions or other feedback, you allow us to use them to improve our Games and Services without any obligation to you. Please don't send us confidential information or material you don't want us to use.
9. Updates, availability and changes to the Services
We work hard to keep our Games enjoyable and running smoothly. We may release updates, which may be required to keep playing, and we may add, change or remove features or content. Some features, such as ads and purchases, need an internet connection. We may also suspend or stop offering a Game or the Website, in whole or in part, for example for maintenance or if a Game is retired. Game information on the Website, such as release status, is provided for convenience and may change.
10. Third-party services and links
Our Services rely on and link to third-party services, including Google Play and Google AdMob. Those services are governed by their own terms and privacy policies, and we are not responsible for their content, availability or practices.
11. Disclaimer
Our Games are provided for entertainment. To the fullest extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Services will be uninterrupted, error-free, secure or free of harmful components, or that progress or Virtual Items will never be lost.
Some countries do not allow certain warranties to be excluded. In those countries, these exclusions apply only to the extent the law permits, and nothing in these Terms affects your statutory rights as a consumer.
12. Limitation of liability
To the fullest extent permitted by law, Magivix Studio will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, progress, Virtual Items, profits or goodwill, arising out of or related to your use of, or inability to use, the Services.
To the fullest extent permitted by law, our total liability to you for all claims relating to the Services is limited to the greater of (a) the amount you paid us through in-app purchases in the twelve months before the claim arose, and (b) USD 50 (or its equivalent in your local currency).
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, or for fraud.
13. Ending your use
You can stop using our Services at any time by uninstalling the Games and no longer visiting the Website. We may suspend or end your licence if you seriously or repeatedly break these Terms, or if we must do so to comply with the law. When your licence ends, you must stop using and uninstall the Games. Sections 5 (as it relates to completed purchases), 7, 8, 11, 12, 14 and 16 continue to apply after these Terms end.
14. Governing law and disputes
These Terms are governed by the laws of the Federal Republic of Nigeria. If you have a concern, please contact us first at support@magivix.com; most issues can be resolved quickly and informally. If a dispute cannot be resolved that way, it will be decided by the competent courts of Lagos State, Nigeria, unless the mandatory consumer protection laws of the country where you live give you the right to bring proceedings in your local courts or to have your local law apply. Nothing in this section limits those rights.
15. Changes to these Terms
We may update these Terms from time to time, for example to reflect new features or changes in the law. We will update the "Last updated" date at the top of this page and, if the changes are significant, let you know in our Games or on our Website. If you keep using the Services after the changes take effect, you accept the updated Terms. If you don't agree with them, please stop using the Services.
16. General
- Entire agreement. These Terms, together with our Privacy Policy, are the whole agreement between you and us about the Services.
- Severability. If any part of these Terms is found to be unenforceable, the rest of the Terms remain in full effect.
- No waiver. If we don't enforce a part of these Terms straight away, we can still enforce it later.
- Transfer. We may transfer our rights and obligations under these Terms, for example if our business or a Game is transferred to another organisation, provided your rights are not reduced. You may not transfer yours.
- Language. These Terms are written in English. If they are translated, the English version prevails to the extent permitted by law.
17. Contact us
If you have questions about these Terms or need help with a Game, please email us at support@magivix.com.
Magivix Studio