Terms
of Use

These Terms of Use (the "Terms") govern your download, access to, and use of the Dig & Merge! mobile game (the "Game"), published by artur_sh ("we," "us," or "our").

By downloading, installing, accessing, or using the Game, you agree to these Terms. If you do not agree, do not use the Game.

1. Eligibility

You must be legally capable of agreeing to these Terms. If you are under the age at which you can enter into a binding agreement in your country, you may use the Game only with the permission and supervision of a parent or legal guardian. The parent or guardian is responsible for the minor's use of the Game.

2. License to Use the Game

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the Game for private, non-commercial entertainment on devices that you own or control.

The Game is licensed, not sold. No ownership rights in the Game or its content are transferred to you.

3. Gameplay and Local Progress

The Game stores progress locally on your device. You are responsible for maintaining your device and any device backups you choose to use.

Progress may be lost if you uninstall the Game, clear its data, reset or replace your device, or if application data becomes corrupted. Unless required by applicable law, we are not responsible for restoring locally stored progress that has been lost or deleted.

4. Virtual Currency and In-Game Items

The Game may contain virtual coins, tools, gifts, levels, rewards, and other virtual items earned through gameplay.

Virtual currency and items:

• exist only within the Game;
• have no cash or real-world monetary value;
• are not legal tender or property outside the Game;
• cannot be sold, transferred, exchanged, or redeemed for money; and
• may be adjusted, replaced, or removed as part of balancing, updates, bug fixes, or changes to the Game.

The current version does not offer real-money in-app purchases. If purchases are introduced later, additional terms and the applicable app-store purchase rules may apply.

5. Acceptable Use

You agree not to:

• use the Game for unlawful, fraudulent, or commercial purposes;
• reverse engineer, decompile, disassemble, modify, or create derivative works from the Game, except where applicable law expressly permits it;
• bypass, interfere with, or exploit the Game's technical protections or intended gameplay rules;
• use cheats, automation, bots, modified clients, or unauthorized third-party software with the Game;
• distribute, sell, rent, sublicense, or publicly provide copies of the Game without permission;
• attempt to introduce malware or otherwise disrupt the Game or another user's device; or
• infringe our rights or the rights of any third party.

6. Ownership

The Game, including its software, gameplay systems, designs, graphics, models, animations, sounds, text, logos, and other content, is owned by us or used under license and is protected by applicable intellectual-property laws.

All rights not expressly granted in these Terms are reserved.

7. Updates and Availability

We may provide updates, patches, balance changes, new content, or technical modifications. An update may be required for continued use of the Game.

We may modify, suspend, or discontinue all or part of the Game. We do not guarantee that the Game will always be available, uninterrupted, compatible with every device, or free from errors.

8. Third-Party Platforms

Your use of the Game may also be subject to the terms and policies of the platform from which you obtained it, including Apple App Store or Google Play terms. Those platform providers are not responsible for our obligations under these Terms except where their own terms or applicable law provide otherwise.

9. Privacy

Our handling of information is described in the Privacy Policy, which forms part of the rules governing your use of the Game.

10. Disclaimer

To the maximum extent permitted by applicable law, the Game is provided "as is" and "as available." We disclaim warranties that are not expressly required by law, including implied warranties of merchantability, fitness for a particular purpose, availability, and non-infringement.

Nothing in these Terms excludes or limits any warranty, consumer right, or remedy that cannot lawfully be excluded or limited.

11. Limitation of Liability

To the maximum extent permitted by applicable law, we will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of data, progress, opportunity, or profits arising from or related to the Game.

Where liability cannot legally be excluded, our liability will be limited only to the extent permitted by applicable law. These limitations do not apply where liability cannot be limited, including where applicable law provides otherwise for intentional misconduct, gross negligence, personal injury, or mandatory consumer protections.

12. Suspension and Termination

You may stop using the Game at any time by uninstalling it.

We may suspend or terminate your license to use the Game if you materially violate these Terms. Upon termination, you must stop using the Game and remove it from your devices. Provisions that by their nature should continue after termination, including ownership, disclaimers, limitations of liability, and governing law, will survive.

13. Changes to These Terms

We may update these Terms to reflect changes to the Game, legal requirements, or our business practices. The updated Terms will show a revised "Last updated" date. If a change materially affects your rights, we will provide notice through an appropriate method before the change takes effect where required by law.

Your continued use of the Game after updated Terms take effect constitutes acceptance of the updated Terms, except where applicable law requires another form of consent.

14. Governing Law and Disputes

These Terms are governed by the laws of the Republic of Kazakhstan, without regard to conflict-of-law principles.

Any dispute will be submitted to the competent courts of the Republic of Kazakhstan, unless mandatory consumer-protection or procedural laws give you the right to bring a claim in another jurisdiction or forum. Before filing a formal claim, you are encouraged to contact us so that we can attempt to resolve the issue informally.

15. Severability and Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be interpreted or limited to the minimum extent necessary to make it enforceable where permitted by law.

These Terms, together with the Privacy Policy and any mandatory platform terms, constitute the agreement between you and us regarding the Game.

16. Contact Us