END-USER LICENSE AGREEMENT (EULA) for Rainbow Rush

Effective Date: 01/09/2024

IMPORTANT: PLEASE READ THIS END-USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE. BY DOWNLOADING, PLAYING OR ACCESSING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS ARE A LEGAL AGREEMENT AND CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS IN RELATION TO OUR SERVICES.

If a child wishes to use our Services, the child’s legal guardian agrees to these Terms as a precondition to the child’s use.

You can access these Terms at any time, but we reserve the right, at our sole discretion, to change, modify, add or remove portions of our Terms and Privacy Policy by posting the amended terms at (tibigames.com). Your continued use of our Services confirms your acceptance of the updated Terms and Privacy Policy

  1. Definitions
  • “Software or Services”: Refers to Rainbow Rush, including any updates, patches, and accompanying documentation.
  • “Licensor or We”: Refers to TIBI GAMES S.L.U., the owner of the Software.
  • “Licensee or You”: Refers to the individual or entity using the Software.
  • “Device”: Refers to any device on which the Software is installed or used.
  1. Grant of License
  • Subject to the terms of this Agreement, the Licensor grants the Licensee a limited, non-exclusive, non-transferable, revocable license to install and use the Software on a single Device for personal, non-commercial purposes. 
  • This means we own at all times all copyright, trade marks, code, software, characters, themes, character names, game names, storylines, dialogue, settings, artwork, sounds effects, music, in-app items, gameplay recordings, trade secrets, patents, titles, and any and all rights in, or derived from, the Services. The Services must not be copied, reproduced or distributed in any manner or any medium without our prior written consent, which will be granted or withheld in our sole discretion.
  • The license ends on the earlier of your disposal of the Software or our termination of the license in accordance with these Terms.
  1. Scope of License
  • You must:
  • Install and use the Software on a single Device.
  • Use the Software as intended by its documentation and for its intended purpose.
  • Be responsible for ensuring that your installation and use of our Services does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.
  • Comply with the terms of service of the relevant digital storefront where you obtained our Services, including but not limited to the Apple iOS App Store, the Google Play Store and the Amazon App Store.
  • Must comply with any applicable third party terms of agreement when using our Services, such as Facebook’s terms of use.
  • Information that you provide to us must be true, accurate, and complete at all times.
  • Take your own precautions to ensure your access to our Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your Devices. We do not accept responsibility for any interference or damage to your Devices which arises in connection with your use of our Services.
  • You may not:
  • Use the Software for commercial purposes without explicit permission from the Licensor.
  • Distribute, lease, license, sell, or otherwise transfer the Software to any third party.
  • Use to promote the use of any form of cheats, modifications, exploits, or other unauthorized means to interfere with, or gain undue advantage in Licensee use of our Software.
  • Modify, reverse engineer, decompile, or disassemble the Software, except where such actions are expressly permitted by law.
  • Attempt to disrupt or burden the normal operation of our Software, or any of our infrastructure or any of our other business activities.
  • Make any automated use of our Software.
  • Use the Software to create derivative works.
  • Circumvent any technology used by the Licensor to protect the Software or its content.
  1. Intellectual Property Rights
  • All intellectual property rights, including but not limited to copyrights, patents, trademarks, and trade secrets, in the Software and any associated content, are owned by the Licensor.
  • The Licensee acknowledges that no title or ownership interest in the Software is transferred or assigned by this Agreement.
  1. Privacy and Data Collection
  • The Licensor may collect certain data about your use of the Software, including but not limited to usage statistics and crash reports.
  • Any personal data collected will be used in accordance with the Licensor’s Privacy Policy, which can be found at [Link to Privacy Policy].
  • By using the Software, you consent to the collection and use of your data as described in the Privacy Policy.
  1. Updates and Patches
  • The Licensor may, at its discretion, provide updates, patches, or modifications to the Software. These updates may be necessary for the continued use of the Software.
  • You agree to promptly install any updates provided by the Licensor to ensure the Software operates as intended.
  1. Support and Maintenance
  • The Licensor is not obligated to provide any maintenance or support for the Software. However, it may choose to do so at its discretion.
  • Any support provided will be subject to the terms and conditions specified by the Licensor.
  1. Advertising
  • Our Services may feature advertisements from us and/or third parties.
  • We are not responsible for the content of any third party advertisements, nor the content of any website or other materials that may be linked to by third party advertisements, and you view those third party websites and materials at your sole risk.
  • We provide information to third party advertisers in accordance with our Privacy Policy.
  1. Termination
  • This Agreement is effective until terminated by either party. 
  • We reserve the right to limit, suspend, terminate, modify or delete your access to our Services or portions of our Services if you, or we suspect that you are, failing to comply with any of these Terms, our Privacy Policy or for any actual or suspected illegal or improper use of our Services, with or without notice to you.
  • Upon termination, you must cease all use of the Software and destroy all copies in your possession or control.
  1. Disclaimer of Warranties
  • The Software is provided “as is,” without warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • The Licensor does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free.
  1. Limitation of Liability
  • To the maximum extent permitted by law, the Licensor shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Software.
  • In no event shall the Licensor’s total liability to you exceed the amount of 10 EUR.
  1. Indemnification
  • You agree to indemnify, defend, and hold harmless the Licensor and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with your use of the Software or your violation of this Agreement.
  1. Force Majeure
  • Notwithstanding anything else contained in these Terms, we are not liable for any delay in or failure to comply with these Terms if the delay or failure is caused by circumstances beyond our reasonable control, including without limitation, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes or any act of war or terrorism.
  1. Governing Law
  • This Agreement shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law principles. All legal actions in connection with these Terms shall be bought in the state or federal courts located in Barcelona.
  1. Severability
  • If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
  1. Entire Agreement
  • This Agreement constitutes the entire agreement between you and the Licensor and supersedes all prior or contemporaneous understandings, whether written or oral, regarding the Software.
  1. Amendments
  • The Licensor may amend this Agreement from time to time. Any amendments will be posted on the Licensor’s website or communicated to you in another manner. Your continued use of the Software after such amendments will constitute your acceptance of the amended Agreement.
  1. Assignment
  • You may not assign this Agreement or any rights or obligations hereunder without the prior written consent of the Licensor.
  • The Licensor may assign this Agreement at any time without notice to you.
  1. Contact Information
  • If you have any questions or concerns about this Agreement or the Software, please contact the Licensor at:
    • TIBI GAMES, S.L.U. 
    • C/ Diputació 303, Primera Planta 08009 Barcelona
    • privacy@tibigames.com