Terms of Service

1. Acceptance of These Terms

By accessing or using the Services, creating an account, or clicking to accept, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Age Eligibility and Parental Supervision

Our websites and games are intended for a general audience. If you are under the age of 18 (or the age of majority where you live), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Children under 13 should not access or play our games without active parent or guardian oversight.

• Many of our games are designed for children and families. If you are a minor, the parent or legal guardian who supervises you agrees to these Terms on your behalf.
• Children under 13 (or the equivalent minimum age in your country, such as 16 in parts of the EU) may not create an account or submit personal information without verifiable parental consent. See the Children's Privacy section of our Privacy Policy.
• Parents and guardians are responsible for supervising their child's use of the Services, including any purchases made through their devices or accounts.

Age screen. Before anyone creates a Xoana Studios account, on our website or inside any of our games, we ask for their birth month and year. If the answer shows the person is under 13, we do not allow the account to be created and instead ask a parent or guardian to contact us through the Privacy / Parent Request form on our Contact page. The result is remembered on that device so the age screen cannot simply be retried. Users ages 13 to 17 may create an account only under the supervision of a parent or legal guardian, as described above. By completing the age screen, you confirm that the information you enter is accurate. Accounts we learn were created by a child under 13, or with false age information, may be suspended or deleted.

3. Accounts

Some features require an account. You agree to:

• Provide accurate, current and complete information and keep it up to date.
• Keep your password confidential and not share your account with others.
• Notify us promptly of any unauthorized use of your account.
• Accept responsibility for all activity that occurs under your account.

Your Xoana Studios account can also be used to sign in inside our games, such as Popcorn Popper. You must confirm your email address before your first sign-in. Some games can be played as a guest without an account.

We may refuse, suspend or reclaim usernames that are offensive, misleading or infringe the rights of others. Accounts are personal and may not be sold, transferred or traded.

4. License to Use the Services

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial entertainment.

You may not, and may not allow anyone else to:

• Copy, modify, distribute, sell, rent or lease any part of the Services.
• Reverse engineer, decompile or attempt to extract source code, except where permitted by law.
• Use cheats, bots, automation, exploits, mods or unauthorized third-party software.
• Interfere with or disrupt servers, networks or other players' experience.
• Circumvent any security, access control or content protection measure.
• Use the Services for any unlawful purpose.

5. Virtual Items and In-Game Currency

The Services may include virtual items, such as coins, gems, Heart Crystals, power-ups, outfits, accessories or other in-game content ("Virtual Items"). Virtual Items are licensed, not sold.

• Virtual Items have no real-world monetary value and cannot be redeemed for cash, exchanged for real money or goods, or transferred outside the Services.
• Items you unlock in an in-game store with in-game coins, such as cosmetic designs and themes, are Virtual Items and are covered by this section.
• You may not buy, sell, gift or trade Virtual Items or accounts outside of features we expressly provide.
• We may manage, regulate, modify, rebalance or remove Virtual Items at any time, with or without notice, and without liability to you, to the extent permitted by law.
• Unused Virtual Items may be lost if your account is terminated or a Service is discontinued, except where applicable law requires otherwise.

6. Purchases, Payments and Refunds

Popcorn Popper, Shake It Monkey, Classic Pool, Turbo Racers, Order Up Café, Sugarberry Lane and Bubblebound: The Lost Worlds are intended to be free to play. Some games may offer optional purchases.

• App store purchases. Purchases made through Google Play, the Apple App Store or another platform are processed by that platform and are subject to its terms, payment policies and refund policies (for example, the Google Play Terms of Service and Google Play refund policies). Refund requests for those purchases must generally be submitted to the platform.
• Direct purchases. If we offer purchases directly, prices, taxes and payment terms will be shown at checkout. All sales are final except as required by law or stated otherwise at the time of purchase.
• Consumer rights. Nothing in these Terms limits any non-waivable rights you may have under consumer protection law, including any statutory right of withdrawal in your country.
• Parental controls. We encourage parents to use device and store purchase controls, such as password or authentication requirements for purchases.

7. User Content

Some features may allow you to post or submit content, such as usernames, messages, discussion posts, feedback or creations ("User Content"). You retain ownership of your User Content.

By submitting User Content, you grant Xoana a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, host, store, reproduce, modify, display and distribute it in connection with operating, improving and promoting the Services.

You represent that you have all necessary rights to your User Content and that it does not violate these Terms or any law. We may remove User Content at our discretion, and we do not endorse User Content.

8. Code of Conduct

Discussions, replies and reviews are public: anyone can read them, along with your display name and the date you posted. Do not include personal information such as your full name, address, phone number or school. We moderate community content and may edit, hide or delete any post at our discretion, with or without notice.

We want our community to be safe, kind and welcoming for players of every age. You agree not to:

• Harass, bully, threaten, intimidate or demean others.
• Post hateful, discriminatory, sexually explicit, violent, profane or otherwise objectionable content.
• Share personal information about yourself or others, especially minors.
• Impersonate any person, including Xoana staff.
• Spam, advertise or solicit without permission.
• Cheat, exploit bugs or encourage others to do so. Please report bugs through our Support page.

Leaderboards. Some games show a public leaderboard with your display name, score and level. Display names are automatically filtered. Display names must not contain personally identifiable information (such as a real full name, phone number, email address or home address), offensive language, or copyrighted or trademarked terms, and must not impersonate any person or organization, including Xoana staff. You may not cheat, use bots, exploits or modified game clients, or otherwise manipulate or falsify scores.

We may alter, reset or delete any leaderboard entry or display name at our sole discretion and without notice, including if a display name is inappropriate or we suspect cheating or score manipulation.

Violations may result in warnings, content removal, suspension or termination.

9. Intellectual Property

The Services and all content in them, including games, characters, artwork, music, software, logos, text and trademarks such as "Xoana Studios," "Popcorn Popper," "Shake It Monkey," "Classic Pool," "Turbo Racers," "Order Up Café" and "Bubblebound," are owned by Xoana or its licensors and are protected by intellectual property laws. Except for the limited license above, no rights are granted to you.

If you believe content on the Services infringes your copyright, please contact us with a description of the work, the location of the material, your contact information, and a statement of good-faith belief and accuracy, as described by the Digital Millennium Copyright Act (DMCA) or applicable law.

If you send us feedback or suggestions, we may use them without obligation to you.

10. Third-Party Services

The Services may integrate with or link to third-party services, such as app stores, authentication and hosting providers, analytics providers and social platforms. Your use of third-party services is governed by their terms and privacy policies. We are not responsible for third-party services, content or practices.

11. Privacy

Our Privacy Policy explains how we collect, use and share information, and our Cookie Policy explains our use of cookies. Both are part of these Terms.

12. Suspension and Termination

You may stop using the Services and request deletion of your account at any time through our Support page.

We may suspend or terminate your access, with or without notice, if we reasonably believe you have violated these Terms, created risk or legal exposure for us, or if we discontinue a Service. Sections that by their nature should survive termination will survive, including those on Virtual Items, intellectual property, disclaimers, limitation of liability, indemnification and dispute resolution.

13. Changes to the Services

We are constantly improving our games. We may add, change, suspend or discontinue features, content or Services at any time. Preview or early-access builds may contain bugs, may change significantly and may be reset.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE OF HARMFUL COMPONENTS, OR THAT DATA OR PROGRESS WILL NOT BE LOST.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XOANA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL OR VIRTUAL ITEMS, ARISING FROM OR RELATED TO THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) USD $50.

These limitations do not apply where prohibited by law, including liability for death or personal injury caused by negligence, or for fraud.

16. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless Xoana and its affiliates, officers, employees and agents from any claims, damages, losses, liabilities and expenses (including reasonable attorneys' fees) arising from your User Content, your misuse of the Services, or your violation of these Terms or the rights of others.

17. Dispute Resolution and Governing Law

Informal resolution. Before filing a claim, you agree to contact us through our Support page and try to resolve the dispute informally for at least 30 days.

Governing law. These Terms are governed by the laws of the State of Nevada, United States, without regard to its conflict-of-law rules, except where the laws of your country of residence require otherwise.

Venue. Subject to any arbitration agreement below, disputes will be resolved exclusively in the state or federal courts located in Nevada, and you consent to their jurisdiction. Either party may bring qualifying claims in small claims court.

Arbitration and class action waiver. [OPTIONAL: Insert binding individual arbitration provisions, opt-out procedure and class action waiver here, if desired, after attorney review.] To the extent permitted by law, disputes will be resolved only on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding.

If you live in the EU, UK or another jurisdiction that grants you the right to bring claims in your local courts, nothing in this section limits that right.

18. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by updating the effective date and, where appropriate, by notice in the Services or by email. Continued use after changes take effect means you accept the updated Terms. If you do not agree, stop using the Services.

19. General

These Terms are the entire agreement between you and Xoana regarding the Services. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Headings are for convenience only.

20. Contact Us

Questions about these Terms? Contact us:

Xoana Studios
Contact form: xoanastudios.com/contact