1. Acceptance and scope
These Terms and Conditions ("Terms") are a legal agreement between you and African Plains Studios (Pty) Ltd ("African Plains Studios", "we", "us" or "our"). They apply to our website at https://www.africanplainsstudios.co.za, to every app and game we publish on Google Play, the Apple App Store or elsewhere, and to any related online services (together, the "Services").
By downloading, installing, accessing or using any of the Services you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
Some Services may have additional rules, for example in-game rules or a client's own terms for a white-label product. Those additional rules form part of these Terms for that Service. If they conflict with these Terms, the additional rules apply to that Service.
2. Eligibility
You must be at least 13 years old (or the minimum age required in your country) to use the Services, unless the store listing for a specific app or game states that it is designed for younger users. If you are under 18, you confirm that a parent or legal guardian has reviewed and agreed to these Terms on your behalf and supervises any purchases.
3. Licence to use the Services
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable and revocable licence to install and use the Services on devices you own or control, for your own personal, non-commercial use (or, for business software, for your organisation's internal business use under the applicable subscription).
You must not:
- copy, modify, translate, reverse engineer, decompile or create derivative works of the Services;
- sell, rent, lease, sublicense or otherwise redistribute the Services;
- remove any copyright, trademark or other proprietary notices;
- use cheats, bots, exploits, automation, unauthorised third-party software or hacks, or interfere with the fair operation of a game;
- circumvent any technical measure, licence check, ad or in-app purchase mechanism;
- use the Services for anything unlawful, harmful, fraudulent or infringing; or
- attempt to gain unauthorised access to our systems or other users' accounts.
The Services are licensed, not sold. We and our licensors keep all rights not expressly granted to you.
4. Accounts
Some Services require an account. You agree to provide accurate information, keep your credentials confidential, and tell us promptly if you suspect unauthorised use. You are responsible for everything that happens under your account. We may suspend or close accounts that breach these Terms, are inactive for an extended period, or where required by law.
You can delete your account at any time as described in section 11 of the Privacy Policy. Deleting an account is permanent and may result in loss of progress, content and purchased virtual items.
5. Purchases and virtual items
5.1 In-app purchases and subscriptions
Some Services offer paid features, subscriptions, or virtual items such as coins, gems, skins, boosts or level packs ("Virtual Items"). Purchases are processed by the app store (Google Play or the Apple App Store) or the payment provider named at checkout, under their terms. Prices are shown before you confirm and may include taxes. Subscriptions renew automatically until cancelled through your store account.
5.2 Refunds
Because the app stores process payments, refund requests must be made through the relevant store and are subject to its refund policy. To the extent permitted by law, all purchases are final. We will honour any refund rights you have under the South African Consumer Protection Act or other applicable consumer law.
5.3 Virtual Items
Virtual Items are licensed to you for use within the Service and have no monetary value. They cannot be exchanged for real money, transferred outside the Service, or sold to other users. We may change, rebalance, limit or remove Virtual Items at any time as part of operating the Service. If we permanently shut down a Service, Virtual Items end with it.
6. User content and conduct
Where a Service lets you upload or create content (photos, records, usernames, messages, game creations or other material), you keep ownership of it. You grant us a worldwide, royalty-free licence to host, store, reproduce, display and process that content solely to operate and improve the Service. You confirm you have the rights to share the content and that it does not infringe anyone else's rights.
You must not post or transmit content that is:
- unlawful, defamatory, hateful, harassing, sexually explicit or violent;
- infringing of any copyright, trademark, privacy or other right;
- spam, malware, or designed to disrupt the Service or other users; or
- impersonating another person or organisation.
We may remove content and suspend accounts that breach this section, without notice.
7. Intellectual property
The Services, including all software, code, designs, artwork, characters, music, sound, text, logos and trademarks, belong to African Plains Studios (Pty) Ltd or our licensors and are protected by South African and international intellectual property law. "African Plains Studios" and our logos are our trademarks. Product names and logos that appear in our Services are trademarks of their respective owners. Nothing in these Terms gives you a right to use any of them without our prior written consent.
If you believe content in a Service infringes your rights, email admin@africanplainsstudios.co.za with details of the work, the location of the material and your contact details.
8. Third-party services and ads
The Services rely on third-party services such as Google Firebase, Google Play services, Apple services and Google AdMob. Their terms apply to your use of those services. Free Services may display advertising; we are not responsible for the content of third-party ads or the websites they link to. Some Services may offer rewarded ads or optional in-app purchases to remove ads.
The Services may contain links to third-party websites or content. We do not control and are not responsible for them.
9. Availability, updates and termination
We work hard to keep the Services running, but we do not guarantee that they will always be available, uninterrupted or error-free. We may update, change, suspend or discontinue any Service or feature at any time. Updates may be installed automatically and may be required to keep using a Service.
We may terminate or suspend your access if you breach these Terms, if required by law, or if we discontinue a Service. You may stop using a Service at any time by uninstalling it and, where applicable, deleting your account. Sections that by their nature should survive termination (including sections 5.3, 7, 10, 11, 12 and 13) will survive.
10. Disclaimers
To the maximum extent permitted by law, the Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Services will meet your requirements, be compatible with your device, or be free of defects, viruses or interruptions.
Nothing in these Terms excludes or limits any right you have under the South African Consumer Protection Act, the Electronic Communications and Transactions Act or other mandatory consumer law in your country.
11. Limitation of liability
To the maximum extent permitted by law, African Plains Studios (Pty) Ltd, its directors, employees and contractors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or game progress, arising from or related to your use of or inability to use the Services, even if we have been advised of the possibility of such damages.
Our total liability to you for all claims relating to a Service will not exceed the greater of (a) the amount you paid us for that Service in the 12 months before the claim arose, or (b) ZAR 1,000. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.
12. Indemnity
You agree to indemnify and hold harmless African Plains Studios (Pty) Ltd and its directors, employees and contractors from any claims, damages, losses and expenses (including reasonable legal fees) arising from your breach of these Terms, your content, or your misuse of the Services.
13. Governing law and disputes
These Terms are governed by the laws of the Republic of South Africa, without regard to conflict of law rules. Subject to any mandatory consumer protection law in your country, you agree to the jurisdiction of the South African courts. Before starting formal proceedings, you agree to contact us at admin@africanplainsstudios.co.za so that we can try to resolve the dispute informally within 30 days.
If you access the Services from outside South Africa, you are responsible for complying with your local laws.
14. General
- Changes: we may update these Terms. The "Last updated" date shows when they last changed. Material changes will be notified inside the affected Service or by email. Continued use after a change means you accept the new Terms.
- Entire agreement: these Terms, the Privacy Policy and any Service-specific rules are the whole agreement between you and us about the Services.
- Severability: if any part of these Terms is found unenforceable, the rest remains in effect.
- No waiver: our failure to enforce a provision is not a waiver of our right to do so later.
- Assignment: you may not transfer your rights under these Terms. We may assign them to a successor of our business.
- App store terms: if you obtained a Service through Google Play or the Apple App Store, the store's terms also apply, and the store is a third-party beneficiary of these Terms with the right to enforce them against you. Apple and Google have no obligation to provide maintenance or support for our apps.
15. Contact us
African Plains Studios (Pty) Ltd
South Africa
Email: admin@africanplainsstudios.co.za