Terms of Service




Welcome to Kruger Software

Terms of Service


1. Introduction


We listed important legal terms that apply to anyone who uses our services. These terms are necessary in order to protect both you and us, and to make our service possible and supportable for everyone. Kruger Software offers a wide range of services and features therefore part of the terms below may not be relevant to the specific services you use.   


These Terms of Service govern your use of Kruger Software and provide information about the Kruger Software Service as outlined below. When you create an account with and/or use Kruger Software, you agree to these terms.


The Service is provided to you through Kruger Software. The Terms of Service constitute an agreement between you and Kruger Software.


UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KRUGER SOFTWARE OR ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE KRUGER SOFTWARE. SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


YOU AGREE TO ASSUME ALL RISK RELATED TO YOUR USE OF KRUGER SOFTWARE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RISK OF COMMUNICATIONS WITH OTHER PEOPLE OR DAMAGE TO YOUR DEVICE.


2. Age restrictions

  2.1 Kruger Software does not target its Services to users under the age of thirteen (13) years. By viewing, accessing and/or using our Services, you agree that you are at least thirteen (13) years old, and that if you are between thirteen (13) years and eighteen (18) years old, your legal guardian has reviewed and agrees to these Terms of Use and has permitted you to view, access and/or use our Services.


3. Using our Services

 3.1 Services provided by Kruger Software may be required to have and maintain an adequate internet connection. Kruger Software is not responsible for the internet connection and/or mobile charges that may incur for viewing, accessing and/or using our Services.

 

 3.2 Kruger Software may always manage, regulate, control, modify or eliminate (in whole or in part) one or more of our games or apps any other part of our Services without liability to you at any time, with or without notice.


4. Virtual Items

    4.1 Our Services may include Virtual Items. These items can be earned through gameplay or “purchased” with legal currency or Provider Credits.


    4.2 You agree that Virtual Items only exist within our Services and can never be exchanged for real money, real goods or real services from us or anyone else. You do not own Virtual Items but instead you purchase a limited personal revocable licence to use them. Any balance of Virtual Items does not reflect any stored value.


    4.3  We reserve the right to control, regulate, change or remove any Virtual Items without notice and without any liability to you.


    4.4 You are not entitled to bring any Claims in respect of, and do not suffer, any Loss as a result of any "loss" of or "damage" to your Virtual Items. To the full extent permitted by law, we will not be liable to compensate you in respect of any matter whatsoever related to the Virtual Items, including but not limited to any Loss you allege to have suffered or any Claims you allege to be entitled to bring.


    4.5 If we suspend or terminate your Account due to your breach of these Terms you will lose any Virtual Items that you may have and we will not compensate you for this loss or make any refund to you.


    4.6 If you successfully request that your personal data be deleted in accordance with the Privacy Notice, you will permanently lose all your Virtual Items, and other Account information, will not have any right to refund. Once deleted, we can no longer associate such any Virtual Items with you.


5. Multiplayer games

    5.1 Some of our Games may allow you to play against an opponent or to play socially with other users. You may be able to:

      (i) choose to play against another user or to play socially with another user whom Kruger Software .selects for you, or 

      (ii) play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with. Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.


     5.2 Where Kruger Software selects another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your location or level you have reached in the Game).


     5.3 By accessing and/or playing those of our Games which allow you to play against an opponent or to play socially with others, you agree to your display name, scores, and other related details being displayed to other users. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publicly, and not your email address; another user must already know your email address themselves in order to search for you.


6. User Content

    6.1 “User Content” of a user means any and all content that such user uploads, distributes, or otherwise provides via any App. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Kruger Software. Kruger Software is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.


7. Your Breach of These Terms

    7.1 We reserve the right to suspend or terminate your access to our Services (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches).


    7.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.


8. Intellectual Property

   8.1 You agree that all Intellectual Property relating to our Services is owned by or licenced by us. Our Services are being licensed to you and you understand that no title or ownership in our Services is being transferred or assigned and these Terms are not a sale of any rights in our Services.


   8.2 Our Services may allow you to create User Content. To the extent that any User Content created by you gives rise to any Intellectual Property rights, you will retain ownership of these, and you grant us a worldwide, perpetual, irrevocable, royalty-free, fee-free, fully transferable and sub-licensee 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, and otherwise waive to the fullest extent legally possible, any moral rights that you may have now or in the future in respect of your User Content.


9. Links

    9.1 We may link to third party websites or services from our Services. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.


10. Transferring Terms

  10.1 We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.


11. Accounts and Login

    11.1 Certain parts of our Services may enable you to create an Account or otherwise login to the Services. Where you do so you must take reasonable steps to protect your log in 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.


12. Third Party Services

   12.1 Application Stores. You acknowledge and agree that the availability of the Game or Apps is dependent on the third party from which you received Game or Apps, e.g., the Apple iPhone or Android stores (“Application Store”). You acknowledge that this Agreement is between you and Kruger Software and not with the Application Store. The Application Store is not responsible for the Game or Apps, the content thereof, maintenance, support services, and warranty thereof, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with Game or Apps (if any). You agree to comply with, and your license to use App is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the Application Store’s terms and policies) when using Game or Apps. You acknowledge that the Application Store (and its subsidiaries) are third party beneficiaries of this Agreement and will have the right to enforce this Agreement.


13. Ads

  13.1 When you start or stop an Game or Apps, it may display an ad. During gameplay, banner and/or interstitial ads may be displayed.


14. Modification

  14.1 Kruger Software reserves the right, at any time, to modify, suspend, or discontinue the Games and Apps or any part thereof with or without notice. You agree that Kruger Software  will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Games and Apps or any part thereof.


15. Disclaimer & Release

    15.1 You hereby irrevocably and unconditionally release and forever discharge Kruger Software (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Game or Apps users, or Third Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”


    15.2 GAMES or APPS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND KRUGER SOFTWAR (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. KRUGER SOFTWARE (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT ANY GAMES or APPS: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


16. Warranty

   16.1 Kruger Software is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of a Game or Apps to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for Game or Apps to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Game or Appss, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Kruger Software's sole responsibility.


17. Security

    17.1 Unfortunately, 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.


    17.2 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.


18. Privacy

    18.1 We will collect, process, use and share your personal information in accordance with our Privacy Notice, as set out in these Terms and as you otherwise consent. Our Privacy Notice forms part of these Terms.


    18.2 By using our Services, you agree to these Terms, including our Privacy Notice, and acknowledge that your agreement is a precondition to your use of the Services.


    18.3 Any personal information that we collect may also be subject to the policy of any social network that you may agree to link our Services to. If you use our Services and you agree to allow them to interact with a social network you are giving us permission to use any information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can play socially. This is intended to make our Services more enjoyable for you and others that use our Services on that social network. If you do not agree to these practices you should not allow our Services to interact with your social network.


    18.4 We may use cookies, or similar technologies to store certain types of information each time you use our Services. They may for example be used to help us recognise your device and to ensure that your Account is accessed by the person that inputs the correct username and password for that Account. You can find out more about how we use cookies and other similar technologies by reading our Privacy Notice.


19. General

    19.1 This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Apps. Continued use of our Apps following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Agreement for your reference and revisit this webpage from time to time to ensure you are aware of any changes.


20. Contact

     20.1 If you have any questions about these Terms or our Services you may contact us at:

     support@kruger-software.com


Last updated: November 20 2020