1. Agreement, Company, and Scope
These Terms of Service ("Terms") are a legally binding agreement between you and Fiboplay Games LLC ("Fiboplay", "we", "our", or "us"), a mobile-game studio established in the Republic of Armenia. These Terms apply when you visit fiboplay.com, contact us through the website, download, access, or play a Fiboplay game, or use another consumer-facing service that links to these Terms (collectively, the "Services").
By accessing or using the Services, or by clicking an acceptance control where one is presented, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Services. A particular game, promotion, event, feature, or commissioned project may be subject to additional written terms. If specific terms conflict with these Terms, the more specific terms control for that specific matter.
2. Electronic Contracting
You agree that contracts, notices, disclosures, and other communications relating to the Services may be provided electronically where permitted by law. Your use of the Services after an updated version of these Terms becomes effective constitutes acceptance only to the extent permitted by applicable law; where separate consent is legally required, we will request it.
3. Eligibility, Children, and Parental Responsibility
Unless a game-specific notice expressly provides a legally compliant alternative, users under 13 may not create an account, submit personal information, or use features that collect personal information. If you are under the age of legal majority where you live, you may use the Services only with the permission and supervision required by applicable law. Parents and guardians are responsible for supervising a minor's use of the Services and for configuring device, store, privacy, advertising, screen-time, and purchase controls as appropriate.
A game's age rating in an app store describes content suitability and does not by itself determine whether a child may legally consent to data processing, purchases, or these Terms.
4. Accounts and Account Security
Some Services may allow or require an account. You must provide accurate information, keep your credentials and device reasonably secure, and promptly notify us if you believe your account has been compromised. You may not sell, rent, transfer, share, or commercially exploit an account or game progress except where a Service expressly permits it. To the extent permitted by law, we may refuse, suspend, recover, or terminate accounts that are fraudulent, compromised, inactive, created in violation of these Terms, or used to create legal, security, or operational risk.
5. Limited License
Subject to your compliance with these Terms and applicable platform rules, Fiboplay grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to install, access, and use our games solely for lawful, personal, non-commercial entertainment on devices you own or control. Our games and digital content are licensed, not sold. No ownership right in the Services is transferred to you.
6. Virtual Currency, Virtual Items, and Digital Content
A game may offer virtual currency, lives, time, boosts, cosmetic items, consumables, premium features, subscriptions, or other digital content (collectively, "Virtual Items"). Virtual Items are licensed for use only within the applicable Service and, except where mandatory law provides otherwise, have no cash value, are not money or property, and may not be sold, transferred, exchanged, redeemed, or used outside the Service unless a feature expressly permits it.
To the fullest extent permitted by law, we may balance, modify, replace, limit, suspend, or discontinue Virtual Items or game features as the Service evolves. If your access is suspended or terminated for a material violation, fraud, chargeback, platform requirement, or legal reason, access to related Virtual Items may also be lost. Mandatory consumer rights remain unaffected.
7. Purchases, Subscriptions, Billing, and Refunds
In-app purchases are generally processed by the Apple App Store, Google Play, or another platform expressly identified at the point of purchase. Prices, taxes, payment methods, receipts, billing, subscription management, and refund procedures may be governed by the applicable platform and applicable law.
- Consumable items may be permanently consumed when activated.
- Eligible non-consumable purchases may be restorable through the applicable platform where supported.
- If subscriptions are offered, the purchase interface will identify the price, billing period, renewal terms, and cancellation method. Subscriptions must generally be managed through the store account used to purchase them.
- If a purchase is refunded, reversed, canceled, or charged back, we may remove the corresponding Virtual Items, entitlement, currency, or subscription access.
Except where applicable law or the payment platform gives you a refund right, digital purchases are non-refundable after delivery or use. Nothing in these Terms limits mandatory statutory refund, withdrawal, conformity, or consumer-guarantee rights.
8. Advertising and Third-Party Services
Some games may display advertising or use third-party analytics, attribution, crash-reporting, store, authentication, social, or other services. Third-party services are governed by their own terms and privacy policies. We are not responsible for third-party content, availability, security, products, offers, or practices except to the extent responsibility cannot be excluded by applicable law.
9. Acceptable Use
You must not, directly or indirectly:
- Copy, sell, rent, sublicense, distribute, publicly perform, commercially exploit, or create unauthorized derivative works from the Services.
- Reverse engineer, decompile, disassemble, modify, translate, or attempt to obtain source code except where applicable law expressly permits the activity despite this restriction.
- Use cheats, bots, scripts, automation, exploits, unauthorized modifications, emulators used to gain an unfair advantage, or other methods that interfere with fair gameplay or normal operation.
- Bypass or interfere with security, anti-cheat systems, purchase verification, access controls, advertising, technical protections, rate limits, or other restrictions.
- Introduce malware, overload infrastructure, disrupt the Services, scrape data without authorization, or access accounts, systems, networks, or data without permission.
- Use the Services unlawfully; infringe intellectual-property, privacy, publicity, or other rights; impersonate another person; commit fraud; or engage in harassment, threats, abuse, or harmful conduct.
- Use an account, payment method, or device authorization that you are not permitted to use.
- Encourage, assist, attempt, or enable another person to do any of the above.
10. User Content and Community Features
If a Service allows you to submit, upload, publish, or share content ("User Content"), you retain any ownership rights you have in that content. You grant Fiboplay a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, transmit, format, adapt, and otherwise use User Content only as reasonably necessary to operate, secure, moderate, improve, and promote the feature or Service in which you submitted it, subject to applicable law and our Privacy Policy.
You represent that you have the rights needed to provide User Content and that it does not violate law or third-party rights. We may remove, restrict, or preserve User Content when reasonably necessary to enforce these Terms, comply with law, protect users, or secure the Services.
11. Game Updates, Changes, Availability, and Support
We may update, patch, rebalance, add, remove, suspend, or discontinue all or part of a Service for quality, security, compatibility, legal, platform, technical, or business reasons. Updates may be required to continue using a game. We do not guarantee that every game, feature, event, advertisement, purchase, online function, or server will remain available indefinitely or work on every device. Where mandatory law requires notice, remedies, refunds, or continued access, we will comply with those requirements.
12. Commissioned Game-Development Services
You may contact Fiboplay regarding game design, art, prototyping, development, optimization, consulting, live operations, or related professional services. Website content, portfolio material, preliminary discussions, estimates, proposals, or informal messages do not by themselves obligate Fiboplay to begin work, reserve capacity, meet a deadline, or deliver a project.
A commissioned project begins only under a separate written agreement, accepted proposal, statement of work, or other binding contract. That agreement should define scope, deliverables, milestones, dependencies, schedule, fees, taxes, payment terms, change requests, revision limits, acceptance, client responsibilities, confidentiality, intellectual-property ownership and licensing, third-party materials, open-source software, data protection, warranties, support, maintenance, suspension, cancellation, and liability.
Unless a signed project agreement states otherwise, each party retains intellectual property it owned before the project. Fiboplay retains its general know-how, reusable tools, libraries, frameworks, workflows, development techniques, templates, and non-client-specific materials. Rights in project deliverables are granted only as expressly stated in the applicable written agreement and may be conditioned on full payment.
13. Client Materials, Confidentiality, and Cooperation
If you provide concepts, trademarks, artwork, music, code, data, software, credentials, reference material, or other materials for a potential or commissioned project, you represent that you have the rights and permissions necessary for Fiboplay to use them for the requested purpose. Unless a confidentiality agreement or project agreement states otherwise, do not send trade secrets or highly confidential information in an initial inquiry. Project pricing, scope, and schedules may change when requirements, assumptions, dependencies, client delays, third-party approvals, or requested deliverables change.
14. Intellectual Property and Trademarks
The Services and their software, source and object code, game content, artwork, animation, audio, text, interfaces, designs, logos, trademarks, characters, visual assets, databases, documentation, and other materials are owned by Fiboplay or its licensors and are protected by applicable intellectual-property laws. Third-party names, marks, technologies, and content remain the property of their respective owners. No rights are granted except those expressly stated in these Terms or another written agreement.
15. Feedback
If you voluntarily provide ideas, suggestions, or feedback about our general Services, you grant Fiboplay a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free right to use, reproduce, modify, develop, commercialize, and incorporate that feedback without restriction or compensation. This section does not transfer ownership of confidential client materials governed by a separate written agreement.
16. Suspension and Termination
To the fullest extent permitted by law, we may restrict, suspend, or terminate access to all or part of the Services when you materially or repeatedly violate these Terms, use the Services fraudulently or unlawfully, create a security or legal risk, fail to pay amounts lawfully due, abuse support, or when required by a platform, court, authority, or applicable law. Where required by law, we will act proportionately and provide notice or an opportunity to challenge a decision. You may stop using the Services at any time.
Provisions that by their nature should survive termination—including intellectual property, payment obligations, feedback licenses, disclaimers, liability limitations, dispute provisions, and provisions protecting confidential or proprietary information—will survive.
17. Disclaimers
To the fullest extent permitted by law, the Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, uninterrupted availability, compatibility, security, or error-free operation. We do not guarantee that game progress, Virtual Items, online features, servers, saved data, or third-party integrations will never be lost, changed, interrupted, or unavailable.
Nothing in these Terms excludes warranties, guarantees, remedies, or other consumer rights that cannot lawfully be excluded or limited.
18. Limitation of Liability
To the fullest extent permitted by law, Fiboplay and its directors, officers, employees, contractors, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, opportunity, goodwill, anticipated savings, or data, arising out of or relating to the Services, even if advised that such damages may occur.
To the fullest extent permitted by law, Fiboplay's aggregate liability for claims arising from or relating to consumer use of the Services will not exceed the greater of (a) the amount you paid to Fiboplay for the affected Service during the 12 months before the event giving rise to the claim or (b) USD 100 or the equivalent in local currency. This cap does not apply to liability that cannot lawfully be limited, including liability for fraud, fraudulent misrepresentation, willful misconduct, gross negligence where applicable, death or personal injury caused by negligence where such liability cannot be excluded, or mandatory consumer rights. Liability for commissioned services is governed by the applicable written project agreement.
19. Indemnity for Business Use and Misconduct
To the extent permitted by law, if you use the Services on behalf of a business, or if your unlawful conduct, material breach of these Terms, fraud, or infringement of a third party's rights causes a third-party claim against Fiboplay, you will indemnify and hold Fiboplay harmless from reasonable losses, liabilities, damages, costs, and expenses, including reasonable legal fees, arising from that claim. This section does not apply to consumers where such an indemnity is prohibited or unfair under applicable law.
20. Force Majeure
To the extent permitted by law, Fiboplay is not liable for delay or failure caused by events beyond our reasonable control, including natural disasters, war, terrorism, civil disorder, governmental action, sanctions, embargoes, labor disputes, widespread telecommunications or cloud outages, cyberattacks not caused by our failure to use reasonable safeguards, epidemics or pandemics, utility failures, platform outages, or shortages of essential services or materials.
21. Governing Law and Disputes
These Terms are governed by the laws of the Republic of Armenia, without regard to conflict-of-law rules, except that consumers retain any mandatory protections and jurisdictional rights provided by the law that applies to them and that cannot be waived by contract.
Before starting formal proceedings, you and Fiboplay agree, where reasonable and legally permitted, to attempt in good faith to resolve the dispute by written notice describing the issue and requested resolution. If the dispute is not resolved within 30 days after receipt of that notice, either party may pursue available remedies. For non-consumer disputes, the courts of Yerevan, Republic of Armenia will have exclusive jurisdiction unless a separate written agreement provides another valid dispute-resolution process. Consumer disputes may be brought in any court or forum available under mandatory applicable law.
22. Apple App Store
If you obtain a Fiboplay game through Apple's App Store, Apple's applicable App Store terms and standard end-user license agreement apply in addition to these Terms unless Fiboplay expressly provides a valid custom end-user license agreement for that game. These Terms are between you and Fiboplay, not Apple. To the extent required by Apple's applicable rules, Fiboplay—not Apple—is responsible for the game, its content, maintenance and support, product claims, and intellectual-property claims, and Apple has no obligation to provide maintenance or support. Nothing in these Terms limits rights or remedies that Apple or applicable law requires to remain available to you.
23. Google Play
If you obtain a Fiboplay game through Google Play, your use is also subject to applicable Google Play terms, policies, billing rules, and account controls. Google may process payments, refunds, subscriptions, account information, and other store functions independently under its own terms and privacy policies.
24. Export Controls and Sanctions
You may not use, export, re-export, transfer, or access the Services in violation of applicable export-control, sanctions, embargo, or restricted-party laws. You represent that your use of the Services is lawful in the jurisdiction from which you access them.
25. Assignment, Severability, Waiver, and Entire Agreement
You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where applicable law gives you a non-waivable right to do so. Fiboplay may assign these Terms in connection with a merger, acquisition, restructuring, financing, or transfer of the relevant business or assets, subject to applicable law.
If any provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver. These Terms, the Privacy Policy, applicable platform terms, and any service-specific terms form the entire agreement regarding consumer use of the Services, while commissioned services remain governed by their separate written agreements.
26. Changes to These Terms
We may update these Terms to reflect changes to the Services, business practices, platform requirements, or law. We will publish the updated Terms and revise the "Last updated" date. Where applicable law requires advance notice, a specific form of notice, or renewed acceptance for material changes, we will follow those requirements.
27. Contact Us
Questions about these Terms, purchases, game support, or commissioned services can be sent to legal@fiboplay.com.