ThyVenture EULA

EULA – END USER LICENSE AGREEMENT

Last updated September 13, 2023

ThyVenture is licensed to You (End-User) by Fasvea Productions (“Licensor”, “Fasvea”, “we” or “us”). By downloading, installing, accessing or using this Licensed Application You agree to be bound by all of the terms and conditions of this License Agreement (“Terms”), and that You accept this License Agreement. If you are under 18 years old, please ask you parent or legal guardian to review these Terms.

ThyVenture when purchased or downloaded through Google Play Store (“Services Store Operator”), is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. ThyVenture is to be used on devices that operate with Google’s operating system (“Android”).

The terms “Service” and Services” refer to games, In-App Products or other Virtual Items, or services provided by Fasvea Productions. “Virtual Items” refer to virtual content that may appear in games, such as In-App Products or virtual currency.

1. THE APPLICATION

ThyVenture (“Licensed Application”) is a piece of software, a video game, created to provide entertainment. It is used for entertainment by playing it on Android mobile devices (“Devices”).

2. SCOPE OF LICENSE

2.1. You are given non-transferable, non-exclusive, non-sublicensable, revocable and limited license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Google Play Terms of Service (“Usage Rules”), with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2. This license will also govern any updates of the Licensed Application provided by the Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern. Fasvea Productions may update the Licensed Product with or without notifying You.

2.3. The Licensed Application is provided to You as is. You may only use and access the game as intended by the Licensor.

2.4. You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Fasvea Productions’ prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.5. You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Fasvea Productions’ prior written consent).

2.6. You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof.

2.7. Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.8. Licensor reserves the right to modify the terms and conditions of licensing.

2.9. Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

3. SHARING GAMEPLAY ON SOCIAL MEDIA

You are allowed to share content of your own gameplay (such as audio, video and screenshots) of the Licensed Application to social media channels (such as Twitter, YouTube or Instagram).

4. TECHNICAL REQUIREMENTS AND MAINTENANCE

4.1. The Licensed Application requires an Android version 4.4 [“KitKat”] or higher. Licensor recommends using the latest Android version.

4.2. You acknowledge that it is Your responsibility to confirm and determine that the end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

4.3. Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4.4. The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the Play Store Overview for this Licensed Application or at the contact information section of this document.

4.5. Fasvea Productions and the End-User acknowledge that Google Play Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

5. USE OF DATA

By downloading, installing, accessing or using the Licensed Product or other Services You agree to the Fasvea Productions’ Privacy Policy of handling your personal data. The data is transferred via the internet, and You are responsible for any fees that may occur based on how You access the internet and how it is provided to You. You understand that data processing via the internet always includes security risks and Fasvea Productions cannot guarantee unbreachable handling of information.

You acknowledge that the Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that the Licensor's use of such material and information is subject to Your legal agreements with the Licensor and the Licensor's Privacy Policy.

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. The Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

6. THIRD-PARTY SERVICES AND MATERIAL

The Licensed Application may include links to third-party websites or services. These include links to third-party terms & conditions, privacy policies and personal data management. The Licensed Product also uses Google Payments for completing purschases. The Licensor assumes no responsibility for such third-party services and/or content in third-party services.

7. OWNERSHIP

7.2. You agree that you have no right or ownership to any content or Virtual Items in the Licensed Product, including In-App products, that can be accessed via purchase. You may not share or redistribute any of the Virtual Items to any person or entity.

8. PURCHASES AND FEES

8.1. In the store section of the Licensed Product, you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use a virtual In-App Product as a service.

8.2. Purchases are handled by the Google Payments billing functionality and not by Fasvea Productions. The terms of service of Google apply and Fasvea Productions is not liable of the correct functionality, or any damages caused by the use of the Google Payments service.

8.3. The Licensor always holds the right regulate, control, modify, change the price of, or eliminate any Virtual Items or other Services with or without notice. The Licensor has no liability to You or any third party when doing so. You will not receive money or other compensation for owned and/or unused Virtual Items for any reason, such as them being lost due to uninstalling the game or any other way.

8.4. All purchases of Virtual Items and other Services are final and non-refundable.

8.5. You agree that You are responsible for all fees and applicable taxes caused by Your, Your accounts’, or accounts’ associated with You, use of the Services.

9. WARRANTY

9.1. The Licensed Product, Virtual Products and other Services are provided on an “as is” and “is available” basis. There are no express or implied, or any other, warranties. You acknowledge that the Services, Licensed Product and/or Virtual Items may not be error-free and that the access to them may or may not be indefinite.

9.2. No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Fasvea Productions' sphere of influence that affect the executability of the Licensed Application.

9.3. In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price may be refunded to You based on their Usage Rules. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

9.4. Any of these terms shall not infringe Your rights provided by the applicable law.

10. PRODUCT CLAIMS

Fasvea Productions and the End-User acknowledge that Fasvea Productions, and not the Services Store Operator, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation.

11. LIABILITY

11.1. To the maximum extent permitted by law, The Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Fasvea Productions shall not be liable to You for more than the amount You have paid to Fasvea Productions.

11.2. You agree to indemnify any fees, damages, or other losses to Fasvea Productions and/or third-parties resulting from the breach of the these Terms or arising from the negligent use of the Services, caused by You, someone using Your account, or some third-party associated with You.

12. DISPUTE RESOLUTION

12.1. You and Fasvea Productions agree to these dispute resolution terms with any past, present, or future dispute or claims relating the Licensed Product and its content, Services, Fasvea Productions’ Privacy Policy and the Terms of the Licensed Product.

12.2. Before initiating an arbitration, you must try to resolve any dispute or claim informally with Fasvea Productions. The informal dispute can be initiated by contacting Fasvea Productions via email at contactfasvea@gmail.com and must be done at least thirty (30) days before initiating an arbitration.

12.3. You and Fasvea Productions must bring up claims against each other individually and not join in a collective arbitration.

12.4. You and Fasvea Productions agree that any dispute, claim, arbitration, or other legal disputes will be held in Helsinki, Finland or remotely via electronic means.

13. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.

14. TERMINATION

The license is valid until terminated by Fasvea Productions or by You. Your rights under this license will terminate automatically and without notice from Fasvea Productions if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

15. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

15.1. Fasvea Productions represents and warrants that Fasvea Productions will comply with applicable third-party terms of agreement when using Licensed Application.

Both Unity and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Unity and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

16. INTELLECTUAL PROPERTY RIGHTS

Fasvea Productions and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Fasvea Productions, and not the Services Store Operator, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

17. APPLICABLE LAW

This License Agreement is interpreted and governed by the laws of Finland.

18. MISCELLANEOUS

18.1. If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

18.2. Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

19. FORCE MAJEURE

Fasvea Productions shall not be liable for not being able to perform from causes outside the reasonable control of Fasvea Productions, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, viruses, pandemics, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

20. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

Fasvea Productions

Kulorastaantie 3 A22

01450 Vantaa

Finland

contactfasvea@gmail.com