Terms of Service

ZOMIX GAME LABS LIMITED_Terms of Service_20260920

Welcome! These Terms of Service (the "Terms") form a binding agreement between you and ZOMIX GAME LABS LIMITED, a company incorporated in Hong Kong ("ZOMIX", "we", "us", "our"). They govern your access to and use of our website at https://www.zomixstudio.com (the "Site"), our casual mobile game applications (each, an "App"; together with the Site and any related services, the "Services").

Please read these Terms carefully. By downloading, accessing, or using any of the Services, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use the Services.

We may update these Terms from time to time. The "Effective date" above shows the latest revision. Continued use of the Services after an update constitutes acceptance of the revised Terms. We encourage you to review this page periodically.

WHO MAY USE THE SERVICES

1.1 Age requirement. You must be at least 13 years old (or the minimum age required in your jurisdiction, such as 16 in the EU/UK) to use the Services. If you are a minor under the law of your jurisdiction, you may use the Services only with the consent and supervision of a parent or legal guardian.

1.2 Your promises. By using the Services, you represent and warrant that: (a) you have full legal capacity to enter into these Terms; (b) all information you provide is true, accurate, and current; (c) you will not access the Services through bots, scripts, or other automated or non-human means; and (d) your use of the Services will not violate any applicable law or regulation.

1.3 False information. If any information you provide is untrue or incomplete, we may suspend or terminate your access (including by blocking your device or IP address) and refuse any future use of the Services.

THE SERVICES

2.1 What we offer. ZOMIX is a publisher of casual mobile games. We make our games available through third-party app stores (such as the Apple App Store and Google Play Store) and related online services.

2.2 Geographic restrictions. The Services are not intended for distribution or use in any jurisdiction where such distribution or use would violate local law or require registration. If you access the Services from outside Hong Kong, you do so at your own initiative and are responsible for compliance with local laws.

2.3 Industry compliance. The Services are not designed to comply with industry-specific regulations (such as HIPAA or FISMA), and you must not use the Services in ways that would subject us to such regulations or that violate laws such as the Gramm-Leach-Bliley Act (GLBA).

2.4 Changes, updates, and availability. We may add, change, suspend, or discontinue any part of the Services (including features, content, and pricing) at any time, without notice or liability. The Services may be unavailable due to maintenance, technical issues, or events beyond our control, and we are not liable for any resulting loss or inconvenience. Nothing in these Terms obligates us to maintain, update, or support the Services.

2.5 Errors. Information on the Services may contain typographical errors or inaccuracies. We may correct any errors and update information at any time without prior notice.

IN-APP PURCHASES, VIRTUAL GOODS, AND REFUNDS

3.1 Payment. In-app purchases are processed by the Apple App Store or Google Play Store (each a "Store"). By making a purchase, you agree to pay all charges at the displayed prices plus applicable taxes, and you authorize the Store to charge your selected payment method. You agree to keep your purchase and account information accurate and up to date.

3.2 Virtual items. Virtual currency, lives, boosters, and other in-app items are licensed to you for use within the games; they have no real-world value, are not transferable or refundable outside the applicable Store policy, and are subject to availability. We may modify, rebalance, or discontinue any virtual item at any time, with reasonable notice where required by law.

3.3 Pricing and orders. Prices may change at any time. We may correct pricing errors even after payment has been requested or received, and we may refuse, limit, or cancel any order, including orders that appear to be placed by resellers or distributors.

3.4 Refunds. All sales are final. We do not issue refunds directly; refund requests must be made to the Store where the purchase was made, in accordance with that Store's refund policy.

INTELLECTUAL PROPERTY

4.1 Our rights. We own or license all intellectual property rights in the Services, including source code, software, game design, artwork, audio, video, text, graphics, trademarks, and logos (the "Content"). These are protected by copyright, trademark, and other laws in Hong Kong and worldwide.

4.2 Your license. Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Services for non-commercial purposes only. You may not otherwise copy, reproduce, distribute, modify, publicly display, sell, or exploit any Content without our prior written consent.

4.3 Requests. To request permission for any use beyond the license above, contact publish@zomixstudio.com. If we grant permission, you must credit us and keep all copyright and proprietary notices intact.

4.4 Your feedback. If you send us suggestions, ideas, feedback, or other information ("Submissions"), you assign to us all intellectual property rights in those Submissions. We may use them for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

4.5 Copyright complaints. We respect third-party rights. If you believe content on the Services infringes your copyright, notify us at publish@zomixstudio.com with a detailed description of the alleged infringement, the location of the material, and your contact information. Be aware that you may be liable for damages if you make material misrepresentations in such a notice.

ACCEPTABLE USE

5.1 You may use the Services only for their intended purpose — personal, non-commercial entertainment. You agree NOT to:

(a) scrape, harvest, or systematically collect data or Content from the Services without written permission;

(b) interfere with, disable, or circumvent security or access-control features of the Services;

(c) use bots, scripts, cheats, crawlers, or other automated tools, except through ordinary use of a standard browser or search engine;

(d) reverse engineer, decompile, disassemble, or attempt to derive the source code of any software in the Services, except where prohibited-by-law exceptions apply;

(e) copy, adapt, or redistribute our software or Content;

(f) upload viruses, malware, spyware, or any material that disrupts or burdens the Services or other users;

(g) harass, abuse, threaten, or harm other users, or harass our employees or agents;

(h) trick, defraud, or mislead us or other users, or attempt to obtain sensitive account information;

(i) impersonate any person, or create accounts by automated means or under false pretenses;

(j) collect user information (such as usernames or emails) to send unsolicited messages;

(k) use the Services for any commercial purpose or as part of any effort to compete with us, except as expressly approved by us;

(l) use a buying agent or make unauthorized purchases;

(m) disparage or harm us or the Services; or

(n) use the Services in any way that violates applicable law.

5.2 Monitoring and enforcement. We may (but are not obligated to) monitor the Services for violations, remove or restrict content, and take legal action against violators, including reporting them to law enforcement. We may also suspend or terminate access at any time, without notice or liability, for any reason or no reason, including breach of these Terms. If your access is terminated, you may not create a new account under your own or any other name, and we may pursue civil, criminal, or injunctive remedies.

MOBILE APPLICATION TERMS

6.1 App license. We grant you a limited, revocable, non-exclusive, non-transferable license to install and use each App on devices you own or control, solely for personal, non-commercial use. You may not modify, translate, or create derivative works from the App; make it available over a network for simultaneous use by multiple users; use it to build a competing product; send automated queries or unsolicited commercial email through it; or remove or obscure any proprietary notices.

6.2 Store terms. If you obtained an App from the Apple App Store or Google Play (each an "App Distributor"), the following also applies: (a) your license is limited to use on Apple iOS or Android devices in accordance with the App Distributor's usage rules; (b) the App Distributor has no obligation to provide maintenance or support for the App, though you may notify it of warranty failures and it may, per its own policies, refund the purchase price; (c) you represent that you are not located in a US-embargoed or "terrorist-supporting" country and are not on any US restricted-party list; (d) you must comply with applicable third-party agreements when using the App; and (e) each App Distributor is a third-party beneficiary of this section and may enforce it against you.

ADVERTISING AND THIRD-PARTIES

7.1 Ads. The Services may display third-party advertisements (including interstitial, rewarded, and banner ads). Advertising partners may collect device data to serve ads, as described in our Privacy Policy. We do not control these third parties' data practices; you can limit ad tracking through your device settings.

7.2 Third-party links. We are not responsible for products, services, or content offered by third parties through the Services, including linked websites or advertised offers. Transactions between you and third parties are solely between you and them.

PRIVACY AND DATA

8.1 Privacy Policy. Our collection and use of personal information is described in our Privacy Policy. By using the Services, you agree to the Privacy Policy.

8.2 Data transfer. Our servers are located in the United States. Your personal information will be transferred to and processed in the United States, which is necessary to provide the Services you request. If you are in the EEA, UK, or Switzerland, we have implemented appropriate safeguards (including the EU Standard Contractual Clauses) to protect your information; you may request a copy of these safeguards at publish@zomixstudio.com.

8.3 User data. The Services do not require account registration, and we do not ask you to upload content. The data we process is collected automatically (such as device and usage data) as described in our Privacy Policy.

DISCLAIMERS AND LIMITATION OF LIABILITY

9.1 Disclaimer. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ACCURATE, UNINTERRUPTED, SECURE, OR ERROR-FREE, AND WE ARE NOT RESPONSIBLE FOR CONTENT, PRODUCTS, OR SERVICES OF THIRD PARTIES.

9.2 Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA — ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID TO US (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR, IF GREATER, THE MINIMUM AMOUNT REQUIRED BY APPLICABLE LAW.

9.3 Exceptions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above may not apply to you. In such cases, our liability is limited to the fullest extent permitted by law.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless ZOMIX GAME LABS LIMITED and its subsidiaries, affiliates, officers, agents, partners, and employees from any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of: (a) your use of the Services; (b) your breach of these Terms; (c) your violation of any third-party right, including intellectual property rights; or (d) any harmful act toward another user. We reserve the right to assume exclusive defense of any such matter at your expense, and you agree to cooperate with our defense.

DISPUTE RESOLUTION

11.1 Governing law. These Terms are governed by the laws of Hong Kong, without regard to conflict-of-law rules.

11.2 Informal resolution. Before filing any claim, the parties agree to first attempt to resolve any dispute informally for at least thirty (30) days by written notice to the other party.

11.3 Arbitration. If informal resolution fails, disputes will be finally resolved by binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under its Administered Arbitration Rules in force when arbitration is commenced. The seat of arbitration is Hong Kong; there will be one (1) arbitrator; the language of proceedings is English.

11.4 Class action waiver. ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. YOU AND WE EACH WAIVE THE RIGHT TO TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDINGS.

GENERAL PROVISIONS

12.1 Electronic communications. Communications between us conducted electronically (via the Site, email, or online forms) satisfy any legal requirement of written form. You consent to electronic signatures and records and waive any requirement for non-electronic signatures or records.

12.2 Entire agreement. These Terms, together with the Privacy Policy and any supplemental terms posted on the Services, are the entire agreement between you and us regarding the Services.

12.3 Assignment. We may assign our rights and obligations under these Terms at any time. You may not assign without our consent.

12.4 Severability; waiver. If any provision is found unlawful or unenforceable, it will be severed and the remainder stays in effect. Our failure to enforce a provision is not a waiver.

12.5 Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

12.6 No partnership. These Terms do not create any partnership, employment, agency, or joint venture between you and us.

CONTACT US

Questions, complaints, or notices regarding the Services may be directed to:

WORKSHOP X34, 8/F VALIANT IND CTR, 2-12 AU PUI WAN ST, FO TAN, HONG KONG

Email: publish@zomixstudio.com

Website: https://www.zomixstudio.com