End User Licence Agreement

This End User Licence Agreement (the "EULA") is an agreement between you and Grand Pike AB, a company registered in Sweden, organisation number 559066-4131 ("Grand Pike", "we", "us"), about your use of the mobile game Factory 73 (the "Game"), including its updates, online features and the virtual items in it. Please read it carefully. By downloading, installing or using the Game you accept it. If you do not accept it, do not use the Game.

How we handle your personal data is explained in our Privacy Policy.

1. Who we are

Grand Pike AB, Sweden, organisation number 559066-4131. Support and questions: support@grandpike.com.

2. Licence

You do not buy the Game, only a licence to use it. We give you a personal, non-exclusive, non-transferable, revocable licence to install and use the Game on devices that you own or control, for your own non-commercial entertainment, and in line with this EULA and the rules of the store you got it from. All rights that are not expressly given to you stay with Grand Pike and our licensors. The Game, including its code, art, models, music, sounds, text and trademarks, is protected by copyright and other laws.

3. Who may play

The Game is for players 13 and older. When you first open it, it asks for your birth year, and it does not let you play if you are under 13. If you are under the age at which you can agree to such terms in your country (up to 16 in some EU countries), you must not use the Game without the permission of a parent or guardian. If you are under 18, you may make purchases only with the permission of a parent or guardian, who is responsible for them. You promise that the information you give us, including your birth year, is correct.

4. Your account

You can play as a guest or sign in with a Google, Google Play Games or email account (and, in the iOS version, with Apple). To buy anything with real money you must first link an account instead of playing as a guest; a payment made earlier is still delivered. Your progress is saved to the account, so keep your sign-in details safe. You are responsible for what happens under your account. A guest account can only be reached from the device where it was created, and if you uninstall the Game, sign out or lose the device without linking an account, we may not be able to recover your progress. You may have only one account per sign-in and must not sell, trade, lend or give away your account.

5. Virtual currency and items

The Game has virtual currencies and items. These include Cogs (the premium currency, which can be bought for real money), and in-game materials and items such as Scrap, Alloy, Circuitry, Magnetite, Signal glass, Research data, Old cores, parts, energy cells, looks, storage slots and upgrades. They are part of the Game's licensed content, not property or money.

• You get a limited right to use them in the Game. Virtual currency and items have no real-world value, can not be exchanged for cash, goods or services outside the Game, and are not a bank balance or electronic money.
• They are non-transferable. You may not sell, trade, gift or transfer them or your account to anyone, inside or outside the Game, or buy them from anyone other than the official stores.
• We may change prices, quantities, drop rates, balance and what items do, and add or remove content, to keep the Game fair and fun. We may also change the way a currency or item is earned.
• Cogs and items that you have bought are tied to your account. If your account ends, they end with it, except where the law gives you a right to compensation (see section 13).
• Items that are given to you for free have no value and may be removed or reset when we think it is necessary, for example to fix an error.

6. Purchases, Membership and subscriptions

Purchases in the Game, such as packs of Cogs, Remove Ads, one-time packs and the Factory Membership (a monthly subscription), are made through the store you downloaded the Game from (Google Play, or the Apple App Store in the iOS version). The store's terms, prices, taxes and payment methods apply, and the store, not Grand Pike, handles your payment. We do not see your payment card details. The price shown in the store before you confirm is the price you pay.

• Delivery. Purchases are delivered to your account after the store's confirmation, which our servers check. If something does not arrive, restart the Game and use "Restore purchases" where it is offered, then contact us at support@grandpike.com.
• Membership. The Factory Membership renews every month at the price shown in the store until you cancel it. You cancel in the store's subscription settings (in Google Play: Payments & subscriptions > Subscriptions; on iOS: Settings > Apple ID > Subscriptions), not by deleting the Game or your account. The benefits last until the end of the period you have paid for. We may change the benefits or the price of the Membership for future periods, and you will be told in advance by the store as the law and store rules require.
• Season pass. A season pass is a one-time purchase for one season (8 weeks plus a break week), not a subscription: it does not renew. It unlocks the premium reward track of that season and skips rewarded ads while the season is live, and the card in the Game shows the price and what is included before you pay. Rewards that are not claimed by the end of the break week are lost.
• Remove Ads and one-time purchases belong to your account and can be restored on a new device when you are signed in to the same account.

7. How to behave

When you use the Game you must not:

• cheat, or use bots, scripts, macros, hacks, modified apps, emulators or tools that give an unfair advantage or change how the Game or its servers work;
• exploit a bug, or tell others about one for gain, instead of reporting it to us;
• try to get around, test or attack our security, servers, purchase checks or leaderboards, or disturb other players or the service;
• copy, reverse engineer, decompile or modify the Game, extract its content, or make or sell tools or services for it, except where the law gives you a right to do so regardless of this EULA;
• sell, trade or share accounts, Cogs or items, or misuse refunds or chargebacks;
• use the Game for commercial purposes, or for anything unlawful, harassing, hateful or abusive.

Leaderboard names. The name shown on the leaderboards is a generated name such as "Rusty Bolt 482" unless you are 18 or older and choose to show your account name or a custom name in Settings (names are filtered). It is visible to all players. We may remove or replace any name that we find offensive, misleading, unlawful, or that impersonates someone, and may remove results that we believe were gained by cheating or by a fault. We are not obliged to review names or results in advance.

8. Refunds, your right to withdraw, and advertising

Purchases are final, except as stated here or where the law gives you a right to a refund. Refunds for purchases made in the Game are handled by the store where you bought them, under its rules (for Google Play, see Google Play's refund policy; for the App Store, request a refund through Apple). If a store refunds a purchase, we may remove what it gave you from your account, even if it has been used, and your balance of Cogs may be reduced.

If you are a consumer in the EU, you normally have a right to withdraw from a distance purchase within 14 days. For digital content that is delivered at once, such as Cogs and items, you lose this right when delivery begins with your prior express consent and your acknowledgement that you lose the right. The store will ask for this when you buy. Nothing in this section limits your rights under mandatory consumer law, including your rights if the digital content is defective or not as described.

Advertising. The Game is free to play and shows advertising. You can choose to watch a rewarded video ad to receive a reward; rewarded ads are always optional, and you can play without watching them. The Game may also show an ad between runs. Ads are provided by third parties (see section 15 and our Privacy Policy), and we are not responsible for the products or content they advertise. What data ads use, and your choices about personalised ads, are described in the Privacy Policy and in the Game under Settings, Privacy choices. Remove Ads, the Factory Membership and the season pass reduce or skip ads as described where they are sold.

9. Updates and changes to the Game

We may update the Game, and may need to for security, fixes or new features. Some updates must be installed to keep playing or using online features. We may change, suspend or end features or content, or the whole Game, for good reasons such as technical, legal or commercial ones. If we end the Game, we will, where reasonable, tell you in advance and, where the law requires it, compensate you for amounts you have paid for things you can no longer use.

10. Online features and fees

Many features, such as the cloud save, leaderboards, the wallet, live events and purchases, need an internet connection and our servers. You are responsible for any mobile data charges. We do not guarantee that the servers will always be available.

11. Termination

This EULA applies until it ends. You can end it at any time by deleting your account (see how to delete your account) and uninstalling the Game. We may suspend or end your licence and your account, with or without warning, if you break this EULA, in particular section 7, or if the law requires it. We will, where reasonable, tell you why. When the EULA ends you must stop using the Game and delete it from your devices, and your virtual currency and items are lost, subject to section 13. Sections that by their nature should continue (for example 2, 7, 14, 16) continue after termination.

12. Changes to this EULA

We may change this EULA, for example for legal reasons or when the Game changes. For important changes we will give you notice in the Game or on this page at least 30 days before they take effect, unless the law or a security reason requires a shorter time. If you do not accept the changes, stop using the Game and delete your account before they take effect. If you keep playing after that, you accept the new EULA.

13. Your legal rights

If you are a consumer, you have rights under mandatory law that this EULA does not take away, including, in Sweden and the EU, the rules on digital content and digital services (the Swedish Consumer Sales Act and the rules implementing the EU Digital Content Directive). If the Game does not work as it should, or is not as described, you may be entitled to have it put right, to a price reduction or to terminate the contract and be refunded, and you should contact us at support@grandpike.com first. You can also turn to the Swedish National Board for Consumer Disputes (Allmänna reklamationsnämnden, www.arn.se) or, in another EU country, your national consumer authority.

14. Disclaimer and limitation of liability

To the extent allowed by law, the Game is provided "as is" and "as available". We do not promise that it will be free of errors, interruptions or loss of data, that it will fit your particular needs, or that it will work on all devices. We make no promises about the availability of servers or leaderboards.

To the extent allowed by law, Grand Pike is not liable for indirect or consequential loss, such as lost profit, lost data or lost virtual items beyond what is required by law, and our total liability to you arising from the Game is limited to the amount you have paid for the Game in the twelve months before the event that caused the loss.

Nothing in this EULA limits or excludes liability for intent or gross negligence, for death or personal injury caused by our negligence, for anything that cannot be excluded or limited under mandatory law (including consumer law, which may give you more rights than stated here), or any statutory rights you have as a consumer.

15. Third-party services

The Game uses services from others, such as Google (account sign-in, cloud storage, analytics and the Google Play store), Unity LevelPlay and its advertising networks (ads), AppsFlyer (install measurement) and, in the iOS version, Apple. Their terms and privacy policies apply to your use of them. We are not responsible for services we do not control.

16. Governing law and disputes

This EULA is governed by Swedish law, without its rules on conflict of laws. Disputes are decided by the Swedish courts, with the Stockholm District Court (Stockholms tingsrätt) as the first instance, unless mandatory law gives you the right to bring a case, or to be sued, in the courts of the country where you live. If you are a consumer, you also keep the protection of the mandatory rules of the country where you live. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17. Terms for the Apple App Store

This section applies only if you got the Game from the Apple App Store (the iOS version, when released). It is meant to meet Apple's requirements, and if there is a conflict between it and the rest of this EULA, this section rules for those who use the iOS version.

1. Acknowledgement. This EULA is between you and Grand Pike only, not with Apple Inc. ("Apple"). Grand Pike, not Apple, is solely responsible for the Game and its content.
2. Scope of licence. The licence is limited to a non-transferable licence to use the Game on an Apple-branded product that you own or control and as allowed by the Usage Rules in the App Store Terms of Service.
3. Maintenance and support. Grand Pike, not Apple, is responsible for maintenance and support of the Game. Apple has no duty to give any. Contact: support@grandpike.com.
4. Warranty. If the Game fails to meet an applicable warranty, you may tell Apple, and Apple will refund the purchase price of the Game to you. To the maximum extent allowed by law, Apple has no other warranty duty regarding the Game. Any other claim, loss, liability, damage, cost or expense because the Game fails to meet a warranty is our responsibility.
5. Product claims. Grand Pike, not Apple, is responsible for dealing with your or any third party's claims about the Game or your use of it, including product liability claims, claims that the Game fails to meet legal or regulatory requirements, and consumer protection or similar claims.
6. Intellectual property. If a third party claims that the Game or your use of it infringes their intellectual property rights, Grand Pike, not Apple, is solely responsible for the investigation, defence, settlement and discharge of the claim.
7. Legal compliance. You confirm that 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 any US Government list of prohibited or restricted parties.
8. Developer details. The developer is Grand Pike AB, organisation number 559066-4131, Sweden. Questions, complaints and claims: support@grandpike.com.
9. Third-party terms. You must follow the applicable third-party terms, such as your wireless data service agreement, when using the Game.
10. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this EULA. When you accept it, Apple has the right (and is treated as having accepted the right) to enforce it against you as a third-party beneficiary.

18. Contact

Grand Pike AB, organisation number 559066-4131, Sweden
Email: support@grandpike.com