Terms & Conditions

1. About Us

Reef Monkey Studios ("Company", "we", "us" or "our") is an independent app and game development studio operating from 17 Westfield, Nadi, Fiji. We publish mobile applications and games for iOS and Android platforms under the Reef Monkey Studios publishing name.

Contact: hello@reefmonkeystudios.com

2. Acceptance of Terms

By downloading, accessing or using any Reef Monkey Studios App, you confirm that:

• You are at least 13 years of age, or the age of digital consent in your jurisdiction if higher.
• If you are under 18, you have obtained consent from a parent or legal guardian to use the App.
• You have read, understood and agree to be bound by these Terms and our Privacy Policy.
• You have the legal capacity to enter into a binding agreement.

These Terms may be updated from time to time. Continued use of our Apps after any update constitutes acceptance of the revised Terms.

3. Licence Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable, personal licence to:

• Download and install the App on devices you own or control.
• Use the App for your own personal, non-commercial purposes.

This licence does not include any right to:

• Sub-license, sell, resell, transfer, assign or otherwise commercially exploit the App.
• Modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works of the App.
• Remove any proprietary notices or labels on the App.
• Use the App in any manner that could damage, disable, overburden or impair our servers or networks.

4. Intellectual Property

The App and all its contents, features and functionality (including but not limited to text, graphics, images, audio, video, software code, game mechanics, characters, storylines, names, logos and trade marks) are owned by Reef Monkey Studios and are protected by intellectual property laws of Fiji and applicable international treaties.

All rights not expressly granted in these Terms are reserved by Reef Monkey Studios. You may not use our trade marks, logos or brand elements without our prior written permission.

5. User Conduct

When using our Apps, you agree not to:

• Use the App for any unlawful purpose or in violation of any local, national or international law.
• Attempt to gain unauthorised access to the App, our servers, or any connected systems.
• Use cheats, exploits, bots, automation software or any unauthorised third-party software that modifies or interferes with the App.
• Collect, harvest or store personal data of other users without their explicit consent.
• Transmit any malware, viruses or other harmful code.
• Engage in any activity that disrupts or interferes with other users' enjoyment of the App.
• Harass, bully, threaten or abuse other users in any social or multiplayer features.
• Impersonate any person, entity or Reef Monkey Studios representative.
• Post or transmit content that is illegal, defamatory, obscene, hateful, discriminatory or otherwise objectionable.

We reserve the right to suspend or terminate your access to the App at any time and without notice if you breach these Terms.

6. In-App Purchases and Virtual Currency

6.1 Purchases

Some of our Apps offer optional in-app purchases, including virtual currencies, power-ups, cosmetic items, premium content and subscription features ("In-App Purchases"). All In-App Purchases are processed securely through the Apple App Store or Google Play Store, as applicable.

6.2 Payment and Billing

By making an In-App Purchase, you authorise the relevant platform (Apple or Google) to charge your chosen payment method. All payments are subject to the payment terms of those platforms. We do not store your payment card information.

6.3 No Refunds (General)

All In-App Purchases are generally final and non-refundable, except where required by applicable law. Refund requests should be directed to the relevant app store (Apple or Google) in accordance with their refund policies.

6.4 Virtual Currency and Items

Virtual currencies, coins, gems or other in-game items purchased or earned within our Apps:

• Have no monetary value and cannot be exchanged for real money, goods or services.
• Are not transferable between users or accounts.
• May be modified, reduced or discontinued at our discretion with reasonable notice.
• Will be forfeited if your account is suspended for breach of these Terms.

6.5 Subscriptions

If an App offers a subscription, it will automatically renew at the end of each billing period unless cancelled. You may cancel a subscription at any time through your Apple ID or Google Play account settings. Cancellation takes effect at the end of the current billing period.

6.6 Parental Controls

We strongly encourage parents and guardians to use device-level parental controls to prevent children from making unauthorised In-App Purchases. We are not responsible for purchases made by minors without parental consent.

7. User-Generated Content

Some of our Apps may allow you to create, submit or share content such as usernames, messages, custom characters or game data ("User Content"). By submitting User Content, you:

• Grant Reef Monkey Studios a non-exclusive, worldwide, royalty-free, sub-licensable licence to use, reproduce, modify, display and distribute that content in connection with the App.
• Represent that you own or have the necessary rights to submit the User Content.
• Confirm the User Content does not violate any third-party rights or applicable laws.

We reserve the right to remove any User Content that violates these Terms or that we consider inappropriate, at our sole discretion and without prior notice.

8. Privacy

Your use of our Apps is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it carefully to understand our practices.

9. Third-Party Services and Links

Our Apps may contain links to or integrations with third-party services, websites or applications. These are provided for convenience only. We do not endorse, control or take responsibility for any third-party services. Your use of any third-party service is governed by that service's own terms and privacy policy.

10. App Updates and Changes

We may update, modify, suspend or discontinue any App or feature at any time, with or without notice. We are not liable to you or any third party for any modification, suspension or discontinuation of the App. We recommend keeping your Apps updated to ensure you have the latest features and security improvements.

11. Termination

These Terms are effective until terminated. We may terminate or suspend your access to the App immediately and without prior notice if you breach any provision of these Terms. Upon termination, you must stop using the App and delete all copies from your devices. Any provisions that by their nature should survive termination shall survive, including intellectual property, disclaimers, indemnification and limitations of liability.

12. Disclaimer of Warranties

We do not warrant that:

• The App will function without interruption, error or defect.
• Any defects or errors will be corrected.
• The App is free from viruses or other harmful components.
• The results obtained from use of the App will be accurate or reliable.

13. Limitation of Liability

To the maximum extent permitted by applicable law, Reef Monkey Studios and its directors, employees, agents and affiliates shall not be liable for:

• Any indirect, incidental, special, consequential or punitive damages.
• Loss of profits, data, goodwill or other intangible losses.
• Damages resulting from: (a) your use of or inability to use the App; (b) unauthorised access to your data; (c) any interruption or cessation of the App; (d) any bugs, viruses or errors in the App.

In any case where liability cannot be fully excluded, our total liability to you for any claims arising from these Terms or use of the App shall not exceed the amount you paid us in the twelve (12) months prior to the claim, or USD $10 if you have not made any payments.

Some jurisdictions do not allow the exclusion or limitation of liability for certain damages, so the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend and hold harmless Reef Monkey Studios and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses, costs or expenses (including reasonable legal fees) arising from: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any User Content you submit.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Fiji, without regard to its conflict of law principles.

15.2 Dispute Resolution

Any dispute arising from or in connection with these Terms or your use of the App shall first be attempted to be resolved through good-faith negotiation. If not resolved within 30 days, disputes shall be submitted to mediation under Fijian law before any formal legal proceedings are commenced.

15.3 Jurisdiction

Subject to the above, you submit to the non-exclusive jurisdiction of the courts of the Republic of Fiji for any disputes that proceed to litigation. Nothing in this section limits our right to seek injunctive relief in any jurisdiction.

15.4 Consumer Rights

If you are a consumer, you may have additional rights under the consumer protection laws of your local jurisdiction that cannot be excluded by these Terms. These Terms do not affect any such rights.

16. App Store Terms

Your download and use of our Apps through the Apple App Store is also subject to Apple's Terms of Service. For Apps downloaded from Google Play, Google's Terms of Service also apply. In the event of a conflict between those platform terms and these Terms, the platform terms take precedence solely with respect to usage rules for the App.

Apple is not a party to these Terms, is not responsible for the App, and has no obligation to provide support for the App. Apple has no warranty obligations with respect to the App.

17. Severability and Entire Agreement

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Reef Monkey Studios with respect to the App and supersede all prior agreements and understandings.

18. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date and may notify you through the App. Your continued use of the App following the posting of changes constitutes your acceptance of those changes.

19. Contact Us

If you have any questions about these Terms and Conditions, please contact us:

• Email: hello@reefmonkeystudios.com
• Post: Reef Monkey Studios, 17 Westfield, Nadi, Fiji