Brain Snap Terms of use
Brain Snap terms of use
These terms apply to Brain Snap (“the app”), made by Emberkite (“we”, “us”). By downloading or using the app you agree to them. If you don’t agree, please don’t use the app.
Licence to use the app
We give you a personal, non-exclusive, non-transferable, revocable licence to install and use the app on Android devices you own or control, for your own non-commercial entertainment. The app, its games, artwork, sounds and code belong to Emberkite (or our licensors). You may not copy, modify, sell, rent or redistribute the app, or reverse engineer it except where the law allows. Your use of Google Play is also covered by the Google Play Terms of Service.
Acceptable use and fair play
- Play fair. Don’t cheat, use bots or modified versions of the app, tamper with scores, or exploit bugs to climb leaderboards.
- Don’t interfere with, overload or try to get unauthorised access to the app, its servers or other players’ accounts.
- Be respectful. Display names (usernames) and profile photos must not be offensive, hateful, sexual, threatening or misleading, must not impersonate anyone, and must not show another person without their permission.
- Don’t use the app for anything unlawful.
- Brain Snap is a game for fun. It isn’t a medical or educational product, and you shouldn’t rely on it for any such purpose.
We may remove scores, names, photos or content, or suspend or delete accounts, that break these rules.
Virtual items and purchases
Brain Snap Pro is an optional one-time purchase through Google Play. It removes ads and unlocks extras such as unlimited hints and practice, longer stats history, extra themes and avatars. Pro is a licence to use those features in the app; it has no cash value and can’t be transferred or exchanged.
Payments are processed by Google Play under the Google Play Terms of Service. Refunds are handled under Google Play’s refund policy, and this doesn’t affect your rights under the Australian Consumer Law. You can restore Pro on a new device signed in to the same Google account (Profile › Account › Restore purchase). Rewards from optional ads (such as an extra hint) are in-game only and have no value outside the app.
Ads
The app shows ads provided by Google AdMob. Ads are provided by third parties, and we aren’t responsible for the products or services they promote. How ads use data is explained in the privacy policy.
Your content and display names
Your username, avatar, profile photo and any feedback or reports you send are your content. You must have the right to use anything you upload. You give Emberkite a non-exclusive, royalty-free licence to store, display and process that content only to run the app’s features (for example, showing your name and photo to other players), until you delete it or your account.
You can block or report any player in the app. We may change or remove a username or photo that breaks these terms. Online features (leaderboards, friends and challenges) are optional.
Availability: the app is provided “as is”
Brain Snap is a game made for entertainment. We provide it “as is” and “as available”. We may change, add or remove features, games or content, and online features may sometimes be unavailable or end. To the extent the law allows, we don’t give any warranty that the app will be uninterrupted, error-free or suit a particular purpose.
Limitation of liability
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy that you have under the Australian Consumer Law or any other law that can’t be excluded. Where our liability for failing to meet such a guarantee can be limited, it is limited (at our choice) to supplying the services again or paying the cost of having them supplied again.
Otherwise, to the extent the law allows, Emberkite isn’t liable for any indirect or consequential loss, or for any loss of data, scores, progress or profits, arising from your use of the app, and our total liability to you is limited to the amount you paid us for the app or in-app purchases in the 12 months before the claim.
Termination
You can stop using the app at any time by uninstalling it and delete your online account as described in the privacy policy. We may suspend or end your access to the app or its online features if you break these terms. Sections that by their nature should continue (such as ownership and limitation of liability) continue after termination.
Changes to these terms
We may update these terms when the app changes. The effective date at the top shows the current version. If you keep using the app after a change, the updated terms apply.
Governing law
These terms are governed by the laws of Australia. If you live elsewhere, you may also have rights under the consumer laws of where you live.
Contact
Questions about these terms: support@emberkite.com.au.