Down Deep terms of use

1. About these terms

Down Deep (“the game”) is made by Jakub Tuzinowski, trading as Pipkiln (“Pipkiln”, “we”, “us”), contactable athello@pipkiln.com. By downloading or playing the game you agree to these terms. Our privacy policyexplains how we handle your data.

If you are under 18, please read these terms with a parent or guardian and make sure they agree before you make any purchase.

2. Your licence to play

We give you a personal, non-exclusive, non-transferable licence to download and play the game on Apple devices you own or control, for your own non-commercial use, under these terms and Apple's Usage Rules. The game, its art, music, code and name belong to Pipkiln or our licensors.

3. Your account

You can sign in with Apple to save your progress on our server and appear on the leaderboards. Keep your Apple Account secure: anything done through it in the game is treated as done by you. You can delete your account at any time (see the privacy policy).

4. Names and leaderboards

Your display name and country may be shown to other players. Do not choose a name that is offensive, impersonates someone, or includes personal details such as your full name, phone number or address. We may change or hide a name that breaks this rule.

5. Coins, gems and items

The game has in-game currencies (coins and gems) and items such as upgrades and power-ups. You earn them by playing and you may be able to buy some with real money. They are part of your licence to play: they have no value outside the game, cannot be exchanged for money, and cannot be sold or transferred to another player or account.

We may change the prices, rewards and balance of in-game items to keep the game fair and fun. We will not take away currency or items you have legitimately earned or bought, except as described in section 7 or if the game is closed (section 10).

6. Purchases and refunds

Purchases are made through Apple and are subject to Apple's terms. Apple takes payment and handles refunds at reportaproblem.apple.com.

When you buy digital content that is delivered straight away, you agree that it is supplied immediately and you lose your 14-day right to cancel under the Consumer Contracts Regulations 2013 once it is delivered. This does not affect your rights if something is faulty: under the Consumer Rights Act 2015, digital content must be as described, fit for purpose and of satisfactory quality. If a purchase does not arrive or does not work, email us and we will fix it or arrange a repair, replacement or refund.

7. Fair play

Do not:

• use bots, auto-clickers, macros, modified versions of the game or any tool that plays for you;
• tamper with, reverse-engineer or overload our server, or send it fake results;
• exploit bugs to gain coins, gems or depth. If you find one, tell us;
• buy, sell or trade accounts or in-game items.

Our server checks every run. Runs that break these rules are not credited. If an account breaks them repeatedly, we may hide it from the leaderboards, remove items gained by cheating, or suspend it. If you think we got it wrong, email us and a person will review it.

8. Ads

The game may offer optional ads, provided by Google AdMob, that you can choose to watch for a reward. A reward is given once the ad has finished playing. We are not responsible for the content of third-party ads, but tell us if you see an inappropriate one.

9. Updates and changes

We may update the game to fix bugs, add content, or keep it working with new versions of iOS. Some updates download automatically when the game starts. Some features need an internet connection. We may change these terms; if a change matters to you, we will tell you in the game before it applies.

10. Ending the agreement

You can stop playing and delete your account at any time. We may suspend or close an account that seriously or repeatedly breaks these terms. If we ever close the game, we will give at least 60 days' notice in the game and stop selling in-game items when we give that notice.

11. Our responsibility to you

We are responsible for loss or damage you suffer that is a foreseeable result of us breaking these terms or failing to use reasonable care and skill. We are not responsible for loss that was not foreseeable, for business losses (the game is for personal use), or for problems caused by your device, your internet connection or services we do not control.

If faulty digital content we supplied damages a device or other digital content you own, and this is because we did not use reasonable care and skill, we will repair the damage or pay you compensation.

Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited under UK law, and nothing affects your legal rights as a consumer.

12. Law and disputes

These terms are governed by the law of England and Wales. If you have a complaint, email us first and we will try to put it right. If you live in Scotland or Northern Ireland, you can bring proceedings in your local courts and your local consumer law also applies.

13. Other things

If a court finds part of these terms invalid, the rest still applies. If we do not enforce a term straight away, we can still enforce it later. These terms are between you and us; no one else has rights under them, except Apple as set out below.

14. Apple

These terms are between you and Pipkiln, not Apple. Apple is not responsible for the game or its content. Apple has no obligation to provide maintenance or support for the game. If the game fails to meet any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); to the extent the law allows, Apple has no other warranty obligation. Pipkiln, not Apple, is responsible for any claims relating to the game, including product liability claims, claims that it fails to meet legal or regulatory requirements, consumer protection and privacy claims, and any claim that it infringes someone else's intellectual property. You confirm you are not located in a country subject to a US Government embargo or designated as a “terrorist supporting” country, and that you are not on a US Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

Questions, complaints or claims about the game: hello@pipkiln.com.