These Terms of Use ("Terms") are an agreement between you and Elyxia Games, based in Türkiye ("Elyxia Games", "we", "us") for the Smash Clean game, its updates and its content (the "Game"). By downloading or playing the Game, you agree to these Terms. If you do not agree, do not use the Game.
1. Other terms that apply
The terms of the app store you downloaded the Game from also apply to your download and any purchase. Our Privacy Policy explains how we handle information.
2. Age
The Game is suitable for everyone. If you are under the age of majority where you live, a parent or guardian must accept these Terms for you and supervise any purchases.
3. Your licence to play
We give you a limited, personal, non-exclusive, non-transferable and revocable licence to install and play the Game for your own non-commercial entertainment, on devices you own or control, as the app store's rules allow. You may share screenshots and gameplay videos, including on channels where you earn ad revenue, as long as you do not suggest that we endorse you.
You may not:
- copy, modify, translate or create derivative works of the Game;
- reverse engineer, decompile or disassemble the Game, except where the law allows it despite this restriction;
- use cheats, bots, modified versions or edited save files to get coins, lives or other items you did not earn;
- sell, rent, lend, sublicense or distribute the Game, or use it commercially beyond what this section allows;
- remove copyright or other notices;
- use the Game in any unlawful way.
We keep all rights not expressly given to you.
4. Coins, lives, skins and other virtual items
The Game includes virtual items such as coins, lives, extra balls, the Big Ball, and ball and launcher skins ("Virtual Items"). You get them by playing, through daily rewards and, if offered, by purchase.
- Virtual Items are a limited licence to use inside the Game. You do not own them.
- They have no real-world value. You cannot exchange them for money, sell them or transfer them, except where the law requires otherwise.
- We may change how Virtual Items, rewards, lives and prices in coins work, to keep the Game balanced and fun. We will not change or remove Virtual Items you paid real money for in a way that is unfair to you.
- Your progress and Virtual Items are saved only on your device. The Game has no account or cloud save. If you delete the Game, reset your device or switch to a new one, your progress and Virtual Items may be lost, and we cannot restore or transfer them.
5. Purchases
If the Game offers in-app purchases:
- Apple or Google processes your payment under its own terms. We do not receive your payment details.
- Prices are shown in the store before you buy, may include taxes and may differ by country.
- Refunds are handled by the store under its refund policy: Apple or Google Play.
- Purchased Virtual Items are digital content delivered immediately. By confirming a purchase, you ask for immediate delivery and accept that, where the law allows, you lose your right of withdrawal once delivery begins. This does not affect your rights if the content is faulty.
- If we offer a purchase that removes ads, its description in the Game says which ads it removes. Optional ads that you choose to watch for a reward may stay available.
6. Ads and third-party content
The current version of the Game does not show ads. Future versions may show ads from third parties. We will update our Privacy Policy and ask for your consent where the law requires it before that happens. We are not responsible for third-party websites or offers that you visit through the Game.
7. Updates and availability
We may update, change, suspend or stop offering the Game or any feature. Some updates may be needed to keep playing. Where possible, we will give reasonable notice before we stop offering the Game. We do not promise that the Game will be available in every country or work on every device.
8. Intellectual property
The Game, including its code, art, levels, sounds, music, the names "Smash Clean" and "Elyxia Games" and their logos, belongs to Elyxia Games or its licensors. Some components are used under third-party licences, including open-source licences. These Terms do not give you any rights in them beyond the licence in section 3.
9. Feedback
If you send us ideas or suggestions, we may use them freely, without any obligation to you. Personal information you send with feedback is handled under our Privacy Policy.
10. Health and safety
Take regular breaks. Stop playing and see a doctor if you feel dizziness, eye strain or discomfort, or if you have a history of photosensitive epilepsy.
11. Disclaimer
To the extent the law allows, the Game is provided "as is" and "as available". We do not promise that it will be uninterrupted, error-free or that saved progress will never be lost. Nothing in these Terms limits your statutory rights as a consumer.
12. Limitation of liability
To the extent the law allows, we are not liable for indirect, incidental, special or consequential damages, or for loss of profits, data or Virtual Items. Our total liability to you for any claim is limited to the greater of the amount you paid us for the Game in the 12 months before the claim, or USD 50 (or its equivalent in your currency).
These limits do not apply to liability for intent or gross negligence, death or personal injury caused by our negligence, fraud, or any other liability that cannot be limited under applicable law, including mandatory consumer protection law.
13. Ending these Terms
You can stop using the Game at any time by deleting it. If you seriously break these Terms, we may end your licence. Sections 4, 8 and 11 to 18 continue to apply after these Terms end.
14. Additional terms for the Apple App Store
If you downloaded the Game from the Apple App Store:
- These Terms are between you and Elyxia Games only, not Apple. Elyxia Games, not Apple, is solely responsible for the Game and its content.
- Your licence is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The Game may also be used by other accounts linked to you through Family Sharing.
- Elyxia Games is solely responsible for maintenance and support. 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 for the Game. Elyxia Games is responsible for any other claims, losses or costs caused by a failure to meet a warranty, to the extent not disclaimed in these Terms.
- Elyxia Games, not Apple, is responsible for any claims by you or a third party about the Game or your use of it, including product liability claims, claims that the Game fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
- If a third party claims that the Game or your use of it infringes their intellectual property rights, Elyxia Games, not Apple, is responsible for investigating, defending, settling and resolving that claim.
- You confirm that you are not located in a country subject to a US Government embargo or designated by the US Government as "terrorist supporting", and that you are not on any US Government list of prohibited or restricted parties.
- You must comply with any applicable third-party terms when using the Game, such as your mobile data provider's terms.
- Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right to enforce them against you as a third-party beneficiary.
- Send questions, complaints or claims about the Game to the contact details in section 18.
15. Additional terms for Google Play
If you downloaded the Game from Google Play, the Google Play Terms of Service apply to your download and purchases. Google is not a party to these Terms.
16. Governing law and disputes
These Terms are governed by the laws of the Republic of Türkiye, without regard to conflict-of-law rules. Disputes are handled by the competent courts and enforcement offices of Türkiye.
If you are a consumer in Türkiye, you may also apply to the Consumer Arbitration Committee or the Consumer Court where you live, within the limits set by law. If you are a consumer elsewhere, including in the EU or the UK, you keep the protection of the mandatory laws of your country and may bring a claim in your local courts.
Before going to court, please contact us so we can try to solve the problem together.
17. Changes to these Terms
We may update these Terms. We will post the new version here with a new date. For significant changes, we will tell you in the Game or on its store page at least 14 days before they take effect, unless a change is needed sooner for legal reasons. If you keep playing after a change takes effect, you accept the new Terms. If you do not accept them, stop using the Game.
18. General
- These Terms, our Privacy Policy and the app store's terms are the whole agreement between you and us about the Game.
- If any part of these Terms is found invalid, the rest stays in effect.
- If we do not enforce a right, we have not waived it.
- We may transfer these Terms to a buyer or successor of Elyxia Games. You may not transfer them.
- These Terms are written in English. If we provide a translation and the two conflict, the English version applies, unless the law of your country requires otherwise.
Contact: Elyxia Games, Türkiye. Email: elyxia.ea@gmail.com