Welcome to Gravity Move (“Game”), an Ad-Supported Freemium mobile game developed and published by Nipun Kulasinghe ("I", "me", or "my"). By using or otherwise accessing the Game, you agree to be bound by these Terms and Conditions ("Agreement"). Please read this Agreement carefully and agree to comply with its provisions before using the Game. If you do not agree to this Agreement, you may not use or otherwise access the Game.
1. Use License
Subject to your acceptance of this Agreement, you are granted a revocable, non-exclusive, non-transferable, limited license to access and use the Game solely for your personal, non-commercial use. The Game is licensed to you, and you acknowledge that no ownership rights are transferred to you. You represent that you are accessing the Game as an individual, and not on behalf of any entity. Commercial use of the Game is strictly prohibited. You may not share, redistribute, or sublicense the Game.
2. Requirements
You represent that you are 13 years of age or older. If you are under 18 years old, you may only download and play the Game on your device if your parent(s) or legal guardian have reviewed this Agreement and consented to your use of the Game subject to this Agreement. It is recommended that parents use parental control settings to monitor and manage their children's use of the Game.
The Game is currently available on the Apple App Store and Google Play Store ("Application Stores"), as well as on the website www.gravitymove.io ("Download Sources"). You agree to install the Game only from these authorized sources.
The Game is currently available on iOS, visionOS, macOS, and Android platforms. Requirements for these platforms (and any additional platforms where the Game may become available) may change. You are required to ensure that your device meets the necessary system requirements and download the provided Game updates to properly access and continue using the Game. Not all updates may be relevant to you or compatible with your device, but you agree to accept all updates provided for the Game. Compatibility with future updates or new devices is not guaranteed.
The Game requires an active internet connection for updating the in-game time, downloading updates, and for certain third-party services such as displaying advertisements, processing in-app purchases, etc. You agree to bear any charges related to your internet connection or other third-party charges incurred while using the Game. I am not liable for any such charges, and you agree to comply with the terms of your internet service provider(s) or other relevant third parties.
3. Intellectual Property Rights
The Game, including its source code, functionality, multimedia elements, and all related copyrights, database rights, and other intellectual property rights, are owned and controlled by me, except for services, platforms, packages, and multimedia elements that are licensed from third parties. Terms and policies for such third-party licensed products and services are governed by their respective agreements and are not covered by this Agreement.
The contents, including but not limited to copyrights, trademarks, service marks, and logos provided in the Game, are provided "AS IS" for your information and personal use only. You agree not to modify, reproduce, distribute, create derivative works of, publicly display or perform, or otherwise exploit any content or intellectual property provided in the Game without express permission from the respective rights holders.
The Game may allow you to create, post, or share content, including but not limited to text, images, and other media ("User Content"). You retain ownership of any intellectual property rights that you hold in your User Content. By creating, posting, or sharing User Content, you grant me a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your User Content in connection with the Game.
4. Prohibited Uses
You may only access or use the Game for the purposes for which it is made available. As a user of the Game, you agree not to:
Copy, modify, extract data from, decompile, decrypt, disassemble, reverse engineer, alter, aggregate, reproduce, derive, merge, adapt, republish, encode, decode, translate, transmit, distribute, transfer, assign, license, sell, rent, lease, host, or otherwise exploit the Game, whether in whole or in part, for any commercial purpose or for personal gain other than as intended by the Game.
Upload, post, publicly display, or use any materials from the Game for any purpose other than advertising or reviewing purposes related to the Game, unless expressly permitted by me.
Attempt to gain unauthorized access to, attack, or otherwise interfere with the inner functionalities of the Game, or with any servers, networks, or services connected to the Game. This includes, without limitation, modifying, circumventing, disabling, disrupting, overburdening, damaging, or impairing the Game, saved game data, or any connected networks or services. Additionally, you must not exploit bugs, glitches, or vulnerabilities in the Game to gain an unfair advantage or disrupt the experience of other users.
Create, distribute, or promote cheats, hacks, or any unauthorized third-party software that modifies or provides an unfair advantage in the Game.
Create a product, service, or software that competes with or is a substitute for the Game, whether directly or indirectly, without prior written consent from me.
Remove, alter, or obscure any proprietary notices, labels, or markings from the Game, including copyright notices or trademarks.
Violate any intellectual property rights or other rights of third parties related to the Game, including but not limited to copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, or rights of publicity.
Use the Game in any manner that violates applicable laws or regulations, including but not limited to laws regarding privacy, data protection, and online conduct.
Engage in any activity that disrupts, interferes with, or harms the Game, its servers, or its community of users. This includes impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
5. Application Stores
The availability of the Game depends on the Download Sources. You acknowledge that this Agreement is between you and me, and not with the Application Stores. The Application Stores are not responsible for the Game content, maintenance, support services, warranties, or addressing any claims with respect to the Game as specified in this Agreement (if any). Moreover, you also agree to comply with your corresponding Application Store’s, and all related third-party’s, applicable terms and policies in order to use the Game. You agree to pay all fees charged by the Application Store in connection with the Game (if any). You acknowledge that the Application Stores (and their subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce this Agreement. Any requests for refunds should be directed to the Application Stores, as they handle transactions.
6. Third-Party Contents And Services
The Game may permit certain third-party services to provide their content through the Game, or you may be sent via the Game to websites, contents, items, applications, or services belonging to or originating from third parties (“Third-Party Contents”). Such Third-Party Contents are not controlled, reviewed, monitored, approved, endorsed, or made any representations or warranties by me. I have no responsibility or obligation for your access, use, actions, and consequences of any Third-Party Contents. If you decide to access or use such Third-Party Contents, you do so at your own risk. Therefore, you should review their applicable terms and policies. You are responsible for compliance with any applicable laws related to the Third-Party Contents and you agree to bear any losses sustained or harm caused to you from or by you to any Third-Party Contents.
7. Advertisements
I allow advertisers to display their advertisements and other information in the Game. Advertisers, and not I, are fully responsible for any advertisements displayed on the Game and any services provided or products sold through those advertisements. Any user data shared with advertisers will be handled in accordance with the Privacy Policy. Further, advertisers hold the responsibility to warrant and represent that they possess all rights and authority to place advertisements on the Game, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
8. In-App Purchases
The Game contains virtual items to be used within the Game which you may purchase with real cash or you may earn or redeem via gameplay (“Virtual Items”). These Virtual Items are licensed to you on a limited, personal, non-transferable, non-sub licensable, and revocable basis, and are limited only for non-commercial use. The Virtual Items do not act as a substitute for real-world money, and you are not allowed to exchange Virtual Items for anything of value. The Virtual Items may be modified, and the prices and availability are subject to change at any time with or without notice.
The payment processes are handled by the Application Stores, and if you wish to purchase any Virtual Items, you may be asked to provide certain information to your Application Store relevant to your purchase, including but not limited to, your credit or debit card number, expiration date of your card, etc. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHTS TO USE ANY CARD(S) OR OTHER PAYMENT METHOD(S) IN CONNECTION WITH ANY PURCHASE, AND THAT THE INFORMATION YOU SUPPLY IS TRUE, CORRECT, AND COMPLETE.
Subject to mandatory legislations, all purchases and redemptions of Virtual Items made through the Game are final and non-refundable, and you acknowledge and consent that the provision of Virtual Items for use in the Game is a process that commences immediately upon purchase and you forfeit your right of withdrawal once the performance has started. You agree to bear any additional transaction fees that may apply during the purchase process. I have no liability for the loss of your Virtual Items, progress, or any Game-related data for any reasons, including without limitation, hacking, save file corruptions, device storage cleaning, Game resetting, or uninstallations, etc. In addition, you agree that I am not required to provide a refund for Virtual Items for any reason and that you will not receive money or other compensation for unused Virtual Items, including without limitation, if you delete or cease using the Game, or your loss of license under this Agreement, voluntarily or involuntarily. If you believe that there has been an error in the billing process or have other questions about your in-app purchases, you should contact the Application Store.
9. Security
I always strive to, but am not obliged to, maintain the Game as secure, uninterrupted, error-free, and efficient as possible. However, you acknowledge that there may be some issues and vulnerabilities related to the Game, and I am not liable and offer no representation, warranty, guarantee, or address any claims regarding the damages to your device(s), including without limitations, battery draining issues, heating-related issues, decrease in performances, or any personal injuries, or any other nature of damage caused by the Game. This also includes any illegal activities of any party, including without limitations, cyberattacks, hacking, privacy invasions, or exploitations. You are responsible for using appropriate security measures to protect your device and data when using the Game.
You access or use the Game at your own discretion and risk, and you will be solely responsible for any damage caused to you or your device(s). Subject to mandatory legislation, you agree not to hold me responsible for any damages or losses arising out of or in connection with the Game. You agree to report any security vulnerabilities or issues you discover promptly to me to help improve the security of the Game
10. Children’s Use
The Game is not intended for or does not address anyone under the age of 13. It is the responsibility of parents or legal guardians to observe, participate in, monitor, and guide the activity of anyone under the age of 13 who accesses or uses the Game, and I have no responsibility or liability for any actions or consequences of accessing the Game by anyone under the age of 13. Moreover, if you are younger than 18, your parent or legal guardian is required to read and accept this Agreement on your behalf.
11. Modifications And Interruptions
I always try to maintain the Game as useful, interesting, and efficient as possible. Therefore, I reserve the right to change, modify, revise, update, remove, suspend, or discontinue all or part of the Game at any time or for any reason at my sole discretion without notice. However, I have no obligation to update the Game. I will not be liable to you or any third party for any causes related to any updates, modifications, suspension, or discontinuance of the Game. However, if the Game is discontinued, your current access, progress, and purchases of the Game will remain on your device.
I cannot guarantee that the Game will be available at all times, since there may be hardware, software, communication, or other problems related to the Game, resulting in interruptions, delays, or errors in the Game. Therefore, during any such problem or discontinuance of the Game, you agree that I am not liable for any inconvenience, loss, or damage caused by the inability or interruptions to access or use the Game, and I am not obliged to maintain or provide support to the Game. You acknowledge that planned maintenance or updates may also cause temporary interruptions.
12. Corrections
There may be information on the Game that contains errors, inaccuracies, or omissions. I reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Game at any time, without prior notice. However, I make no commitment to update the materials and disclaim any obligation to do so.
13. DISCLAIMER
THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, I DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, DIRECTLY OR INDIRECTLY, STATUTORY OR OTHERWISE, IN CONNECTION WITH THE GAME OR RELATED SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT, OR NON-INFRINGEMENT. I MAKE NO WARRANTY, REPRESENTATION, OR COVENANT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, SUITABILITY, ACCURACY, OR AVAILABILITY OF THE GAME, GAME’S CONTENTS, OR THIRD-PARTY CONTENTS, AND I WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, INACCURACIES, OR IMPERFECTIONS OF CONTENT OR MATERIALS OF THE GAME; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS AND USE OF THE GAME; (3) ANY INTERRUPTIONS, DELAYS, CESSATIONS, OR INACCESSIBILITY OCCURRED IN OR FROM THE GAME; (4) ANY BUGS, VIRUSES, MALWARE, CYBERATTACKS, OR ANY ALIKE WHICH MAY BE TRANSMITTED THROUGH THE GAME BY ANY THIRD PARTY; AND (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE GAME. YOU AGREE THAT YOUR USE OF THE GAME AND THE RELATED SERVICES WILL BE AT YOUR OWN DISCRETION AND RISK.
I DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION OR ANY SERVICE FEATURED IN ANY ADVERTISEMENTS, AND I WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. I STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICES AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU ACKNOWLEDGE THAT THE INTERNET AND MOBILE NETWORKS CAN BE UNRELIABLE AND SUBJECT TO DOWNTIME, AND I AM NOT RESPONSIBLE FOR ANY LIMITATIONS OR FAILURES OF SUCH NETWORKS. I RESERVE THE RIGHT, BUT NOT THE OBLIGATION, TO: (1) TAKE APPROPRIATE ACTION AGAINST ANYONE WHO, IN MY SOLE DISCRETION, VIOLATES THE LAW OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, REPORTING SUCH USER TO THE RELEVANT AUTHORITIES; (2) IN MY SOLE DISCRETION AND WITHOUT LIMITATION, REFUSE, RESTRICT ACCESS TO, LIMIT THE AVAILABILITY OF, OR DISABLE THE GAME (TO THE EXTENT TECHNOLOGICALLY FEASIBLE); AND (3) OTHERWISE MANAGE THE GAME IN A MANNER DESIGNED TO PROTECT MY RIGHTS AND PROPERTY AND TO FACILITATE THE PROPER FUNCTIONING OF THE GAME
14. LIMITATIONS OF LIABILITY
IN NO EVENT WILL I BE LIABLE TO YOU OR ANY THIRD PARTY, AND YOU WILL HOLD ME HARMLESS FOR ANY GENERAL, DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, HOWEVER IT ARISES, WHETHER IN AN ACTION OF BREACH OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR ANY OTHER, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, REVENUE, DATA, OR GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURIES, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGES, OR OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE GAME, EVEN IF THEY ARE FORESEEABLE OR I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS AND USE OF THE GAME ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGES OR LOSSES TO YOU OR YOUR DEVICE(S). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MY LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID TO THE GAME IN THE PRIOR 3 MONTHS (IF ANY). IN NO EVENT WILL MY SERVICE PROVIDERS, SUPPLIERS, OR PARTNERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THOSE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, MY LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW.
15. Terms And Termination
This Agreement shall remain in full force and effect while you use the Game. I reserve the right to terminate this Agreement, in my sole discretion and without notice or liability to any person, for any reason or for no reason, including without limitation for breach of any representation, warranty, covenant, agreement, or any applicable law or regulation, and as a result, your right to use or access the Game will be suspended. Upon termination, you must cease all use of the Game and delete all copies of the Game from your device(s). Termination will not affect any rights or obligations that have accrued prior to the date of termination. I will not have any liability whatsoever to you for any termination of this Agreement.
You may also terminate this Agreement with immediate effect by deleting the Game from your device. After the Game deletion, any of your deleted Game-related data cannot be restored. You acknowledge that any data, including progress and purchases, lost due to deletion or termination cannot be recovered. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 1, 3, 4, 5, 6, 8, 9, 11, 13, 14, 15, 16, 17, 18, 19, 20
16. Indemnification
You agree to defend, indemnify, and hold me, and my service providers, suppliers, or partners harmless from and against any losses, damages, liabilities, claims, suits, demands, costs, and expenses, including without limitation, reasonable attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, made by any party due to or arising out of your: (1) use of the Game; (2) contributions; (3) breach of this Agreement; (4) violation of terms, rights, or policies of third parties. This indemnification obligation includes any claims or disputes arising from your use of third-party content or services accessed through the Game. Notwithstanding the foregoing, I reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify me, and you agree to cooperate, at your expense, with my defense of such claims. You agree to provide prompt written notice of any claim subject to this indemnification. You agree not to settle any matter without the prior written consent of me. I will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
17. Local Laws
You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations. You agree to comply with all local laws regarding your access to and use of the Game. Additionally, you are responsible for ensuring that your use of the Game does not violate any laws or regulations in your jurisdiction. If any provision of this Agreement is deemed illegal or unenforceable under the laws of your jurisdiction, such provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
18. Privacy Policy
By using the Game, you agree to be bound by the Privacy Policy, which is incorporated into this Agreement. The Privacy Policy explains how your personal information and data handled in connection with the Game. Please review the Privacy Policy carefully to understand the practices followed regarding your information. If you do not agree with the Privacy Policy, you must discontinue your use of the Game.
19. Miscellaneous
The terms, any policies, or operating rules posted by me on the Game constitute the entire agreement and understanding between you and me and supersede all prior agreements and policies between the parties with respect to such subject matters. This Agreement cannot be modified or amended except in writing by me. My failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law.
If any provision or part of a provision of this Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. The invalidity of any provision will not invalidate the entire Agreement but will only affect the specific provision deemed invalid.
I shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond my reasonable control. I may assign any or all of my rights and obligations to others at any time in connection with a merger, acquisition, reorganization, sale of all or substantially all of the assets, or other operation of law, without your consent. This Agreement shall be binding upon assignees. This Agreement, and your rights and obligations herein, may not be assigned by you without my prior written consent, and any attempted assignment in violation of the foregoing will be null and void. Any unauthorized assignment by you will be considered a breach of this Agreement. There is no joint venture, partnership, employment, or agency relationship created between you and me as a result of this Agreement or use of the Game. You agree that this Agreement will not be construed against me by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement
20. Changes to This Terms and Conditions
I reserve the right to make changes or modifications to these Terms and Conditions and to the corresponding Privacy Policy at any time. I will notify you of any changes made to this Agreement by posting the updated versions on this page. You will be deemed to have accepted the changes to the revised Agreement by your continued use of the Game. Thus, you are advised to review this page periodically for any changes.
These terms and conditions are effective as of 2024-10-01
21. Contact Us
If you have any questions or suggestions, do not hesitate to contact me.