Agreement
These Terms are an agreement between you and Aximber ("Aximber", "we", "us"). By downloading, installing or playing one of our games, or by using this website, you agree to these Terms. If you don't agree, please don't use them. If you are under the age of majority where you live, a parent or guardian should review these Terms with you.
Your license to play
We give you a personal, non-exclusive, non-transferable, revocable license to install our games on devices you own or control and to play them for your own non-commercial entertainment. The license also follows the usage rules of the store you got the game from. We keep all rights we don't expressly give you.
Fair play
When you use our games and services, please don't:
- copy, modify, translate, decompile or reverse engineer the games, except where the law allows it;
- use cheats, bots, modified versions or exploits, or tamper with your progress or virtual items;
- interfere with, overload or attack our servers, or try to access data or systems you are not allowed to;
- remove notices of ownership, or use the games or this website for anything unlawful;
- sell, rent or sublicense the games, or use them commercially without our written permission.
Coins and other virtual items
Our games may let you earn coins, hints, themes, stars, awards and other virtual items by playing or by watching optional reward videos. They are part of the game, not property:
- they have no cash value and can't be sold, exchanged or redeemed for money or real goods;
- our games currently offer no purchases, so you never pay for them;
- we may change, rebalance or remove virtual items and their prices in the game, for example with an update;
- they are stored only on your device, so they are lost if you delete the game, clear its data or change device.
Ads
Our games are free and show ads, including optional reward videos. Ads come from third parties such as Google, who are responsible for their content. We are not responsible for products or services offered in ads, or for the websites they lead to.
Updates and availability
We keep improving our games, so we may add, change or remove features and content, release updates (some of which may be required to keep playing), adjust game settings remotely, or pause a service for maintenance. Our games are made to work offline, but some features, such as ads and reward videos, need an internet connection. We may stop offering a game at any time; if we do, we will try to give reasonable notice.
Ownership
The games, this website and their content (code, levels, art, sounds, music, text, names and logos) belong to Aximber or our licensors and are protected by intellectual property laws. "Aximber", "Tidy Tubes" and their logos are our trademarks. Some components, such as fonts, are used under open-source licenses, which the games list where required.
Feedback
We love hearing ideas. If you send us feedback or suggestions, you allow us to use them freely to improve our games, without owing you anything.
The app stores
You get our games through Google Play or Apple's App Store, whose own terms also apply. If these Terms conflict with the store's rules, the store's rules win to the extent of the conflict.
If you downloaded a game from Apple's App Store
- This agreement is between you and Aximber only, not Apple. Aximber, not Apple, is responsible for the game and its content.
- Apple has no obligation to provide maintenance or support for the game.
- If the game fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation for the game.
- Aximber, not Apple, is responsible for addressing any claims by you or a third party relating to the game or your use of it, including product liability claims, claims that it fails to meet legal or regulatory requirements, 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, Aximber, not Apple, is responsible for investigating, defending, settling and discharging that claim.
- You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Any claims, questions, or disputes regarding these Terms should be directed to Aximber at support@aximber.com.
No warranty
We work hard to make our games fun and reliable, but they are provided "as is" and "as available". To the extent the law allows, we make no warranties, express or implied, including that the games will be uninterrupted, error-free or fit for a particular purpose. Some countries don't allow these exclusions, so they may not apply to you.
Limitation of liability
To the extent the law allows, Aximber is not liable for indirect, incidental, special or consequential damages, or for lost progress, lost virtual items or lost data, arising from your use of our games or this website. Our total liability for any claim is limited to the greater of the amount you paid us for the game (our games are currently free) and 50 US dollars. Nothing in these Terms limits liability that cannot be limited by law, such as for fraud, or for death or personal injury caused by negligence.
Ending this agreement
You can end this agreement at any time by deleting our games. We may end or suspend your license if you break these Terms. When the agreement ends, you must stop using the game. The sections on virtual items, ownership, feedback, the app stores, warranty, liability and governing law continue to apply.
Governing law
These Terms are governed by the laws of India. Any disputes arising from or relating to these Terms shall be subject to the jurisdiction of the courts located in Fatehpur, Uttar Pradesh, India. Nothing in this section takes away protections that the mandatory consumer laws of your country give you. If any part of these Terms is found unenforceable, the rest stays in effect.
Changes to these Terms
We may update these Terms when our games or the law change. We will post the new version here with a new effective date, and for significant changes we will highlight what changed before they take effect. If you keep playing after a change takes effect, you accept the updated terms.
Contact
Questions about these Terms: support@aximber.com. Postal address: Aximber, Fatehpur, Uttar Pradesh 212601, India.