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Thunderful Games: End User Licence Agreement
Last updated: 31st May 2024
A quick, but important, summary:
(i) This EULA applies, and is legally binding on you, whenever you download, play, and/or otherwise access our games and our other services – please see section 1 for more details.
(ii) Everything in this EULA is important and we recommend you read it in its entirety. In particular though, we draw your attention to the following: section 7 (which explains when we are, and when we are not, liable to you, and certain limits on that liability) and section 8 (which sets out what happens in the event of a dispute).
(iii) There are a number of rules set out in section 2.1 – if you breach these (or other parts of this EULA), we will have certain rights which are explained in section 6. (e.g. to suspend your access to our Services).
(iv) You should be at least 13 years old to access our Games. If you are between 13 and 18, your parent/guardian should agree to this EULA on your behalf (see section 1.2).
(v) We may need to amend the EULA and/or the Services in certain situations (e.g. to make technical improvements - see section 3).
(vi) If you provide us with feedback, suggestions or user-generated content, there may be circumstances in which we use it (see sections 4.2 and 4.3).
(vii) If you have any queries or concerns about this EULA, please email us at info@thunderfulgroup.com.
1. About Thunderful and this EULA
1.1. Who is Thunderful and what does this EULA cover? We are Thunderful AB based at Kvarnbergsgatan 2, 411 05, Goterborg, Sweden (known as “Thunderful” – we may also refer to ourselves as “We” in this EULA), and we are a video games developer and publisher. This End User Licence Agreement (“EULA”) is a legally binding contract between you and Thunderful and it applies to you whenever you download, play and/or otherwise access any of our games ("Games”), our Virtual Items (as defined in section 5 below) or websites (including www.thunderfulgames.com) (together, the “Services”).
1.2. How old do I have to be to play your Games? You must be at least 13 years old to sign-up to and play our Games. If you are between 13 and 18, you must ask your parent or guardian to review and approve this EULA and to supervise your use of the Games. Our Games may also have their own individual age ratings (e.g. from PEGI or ESRB) which may differ depending on where you are located; this may also impact whether our Games are right for you – if you are under 18 years old, you should check the age ratings of Games with your parent or guardian before accessing them.
1.3. Who do I contact if I have a questions about this EULA? If you have any questions about this EULA, please feel free to email us at info@thunderfulgroup.com.
2. Use of our Games
2.1. What are the rules for using your Services? We ask you to follow a few simple rules if you download, play or access our Services. Please read them carefully, as failure to follow them will be considered a breach of this EULA, which could lead to suspension or cancellation of your access to our Services (more details on this in section 6.1). By downloading, playing and/or otherwise accessing the Services, you agree that you will comply with these rules.
(a) Personal Enjoyment. Only use the Services for your personal enjoyment, and not for any commercial, marketing or political purpose.
(b) Restricted Access. Do not attempt to copy, rent, sell, lend, lease, sub-license, distribute, publish or publicly display the Services or any of your rights under this EULA to anyone else not expressly permitted under this EULA.
(c) Misuse. Do not:
(i) use the Services in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with this EULA;
(ii) cheat, hack, harm, insert malicious code/data into, modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile or disassemble the Services (unless you are allowed to under your local laws), or any platform / network / server the Services run on;
(iii) transmit, or facilitate the transmission of any virus, corrupted data, time bomb, trojan horse, worm, or anything intended to damage, interfere, intercept, scrape, mine or otherwise expropriate any system, data or personal information;
(iv) circumvent, deactivate, impair or otherwise bypass any technological measures implemented by Thunderful (or third parties acting on its behalf).
(d) Infringing Content. Do not do anything in connection with the Services that infringes copyright, trade mark, patent, trade secret, privacy, publicity or any other third party rights (including intellectual property rights).
(e) Conduct. Do not do or say anything that: (i) is or may be considered threatening, harassing, racist, sexist, discriminatory, harmful, abusive, defamatory or otherwise offensive or illegal; or (ii) impersonates any person, business or entity (including impersonating an employee or agent of Thunderful).
2.2. Will there be early access or betas for any Games? We may release some Games (sometimes along with Virtual Items) before their full commercial release to test the features, capabilities, and performance of the product. This could be in prototype, alpha, beta, ‘Early Access’ or other pre-full release mode, and may be time-limited. Please remember that these versions might contain bugs, we might add or remove features and there may be server/progress resets (including for Virtual Items - as explained in section 5 below). We might set other requirements too, but these will be notified to you.
3. Changes and updates
3.1. When might the Services be changed or updated? Thunderful may modify, update and/or change the Services and/or their functionality for various reasons, in particular: (a) to comply with legal, regulatory or safety requirements; (b) to adapt to changes in market conditions, business practice or user behaviour; (c) to adapt to technological developments or other operational reasons (including those related to safety and security); (d) due to third party compliance or licence requirements; or (e) for your benefit or advantage.
Some Services will have minimum requirements (e.g. minimum computer specifications or require an internet connection) and it is your responsibility to ensure you meet these requirements before purchasing, downloading or using them. This may result in mandatory and/or automatic updates, meaning older or un-updated versions may become unusable over time as a result. We may also stop supporting older devices/platforms over time, but we will use reasonable efforts to notify this to you in advance.
3.2. When might the EULA be changed or updated? We may also make changes to this EULA for various reasons too – such as to reflect changes in applicable laws or regulatory requirements and / or to implement technical changes or improvements (e.g. to address a security issue or changes in our business practices). If we make minor changes to the EULA, these should not impact your use of the Services and will take effect immediately on posting the updated version of the EULA to this page. If we make more significant changes to the EULA, we will notify you of these changes in advance.
Your continued use of the Services following any changes to this EULA (which, as explained above, will either take effect immediately or, where the changes are significant, following advance notice) will be deemed to be your acceptance of those changes which will be binding on you. If you do not agree to any changes to this EULA, you may not continue to use the Services.
4. Licence and intellectual property
4.1. Who owns the Services? The Services including (but not limited to) its/their visual components, user interface, graphics, audio, video, text, layout, computer code, databases, data and all other content, along with all the intellectual property rights and exploitation rights in them (together the “Thunderful IP”), are either owned by Thunderful or licensed from third parties. All rights in the Thunderful IP are reserved by Thunderful. No ownership right or interest or other rights in the Thunderful IP or any part of it is transferred to you under or by operation of this EULA. We grant you only a personal, limited, terminable, non-exclusive, non-transferable licence to download, access, display, view and use the Services (including any applicable Thunderful IP) on authorised devices and platforms and solely for their intended purpose, subject always to you abiding strictly by this EULA.
4.2. Who owns any User Generated Content? Some of our Services may allow you to share, create or upload content, such as messages, comments, images, sounds, video or other information (“User Generated Content”), including via player chat functionality. You own your User Generated Content, but by posting any User Generated Content in or via our Services, you are giving us permission to use it (legally, you give us a non-exclusive, permanent, irrevocable, worldwide, sub-licensable, transferable, royalty-free licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your User Generated Content in connection with the Services). If you do not agree to this, please do not post any User Generated Content.
It is your responsibility to ensure that you have all rights and permissions necessary to upload User Generated Content and to grant us the licence set out in the paragraph above. By uploading User Generated Content, you will be promising to us that you have all such rights and permissions.
Thunderful reserves the right (but is not obliged) to monitor and moderate any User Generated Content in its Services, and may prohibit or remove such User Generated Content if it breaches this EULA, including in particular (but without limitation) the rules set out in section 2.1 above, or if Thunderful is legally required to.
4.3. I’ve got feedback or a suggestion for the Services, who do I contact? We always welcome feedback and suggestions (which you can send to info@thunderfulgroup.com) but we may choose not to use or accept them. If you choose to provide any feedback or suggestions to us, we are not obliged to give you any credit or compensation, nor do we have any other obligations or liability to you relating to such feedback or suggestions. By choosing to submit feedback or suggestions to us, you will be giving us permission to use such feedback/suggestions on the same licensed basis as you do for User Generated Content (see section 4.2).
5. Virtual Items
5.1. Does Thunderful offer Virtual Items? Certain Games may let you ‘purchase’ and/or otherwise obtain access to virtual, in-game digital items and content including cosmetic and in-game enhancements and other downloadable content (“Virtual Items”).
5.2. Who owns the Virtual Items? In legal terms, when you ‘purchase’ or otherwise obtain (e.g., by ‘earning’) access to Virtual Items, you are receiving from us a limited, non-exclusive, non-assignable, non-transferable, non-sub-licensable, revocable licence to use such Virtual Items solely for your personal entertainment and non-commercial use in the relevant Game. This licence gives you usage rights, but Thunderful remains the legal owner of Virtual Items at all times. Virtual Items are digital items only with no cash-value or real-world existence and they generally cannot be ‘bought’, ‘sold’, gifted, transferred, traded or redeemed in any way.
5.3. Do Virtual Items expire, or can they be revoked? Virtual Items do not generally expire (unless they’re stated to expire or are consumables). Thunderful is entitled to revoke from you (without notice or compensation) any Virtual Items that have been obtained by way of (for example) a bug, hack, breach, or exploitation of the Game, or if we terminate the EULA under section 6.1 below.
6. When we may suspend or end your rights under this EULA
6.1. When can Thunderful suspend or end my rights under this EULA, or my access to the Services?
(a) We may end or suspend (temporarily or permanently) your right to access any and/or all of our Services (including access to our Games and Virtual Items) if you materially breach this EULA – including any breach of the rules in section 2.1. If we end or suspend your access to our Services under this section, we will not have any obligations or liabilities to you at all. You may appeal your suspension or bans by contacting customer support.
(b) If Thunderful decides to stop providing any of the Games permanently, we will try and give you at least 60 (sixty) days’ notice and provide you with details of any next steps.
6.2. When can I get a refund for the Games and/or Virtual Items? Your refund rights for the Games and/or Virtual Items will depend on your country of residence, the circumstances (e.g. if the Games have a fault), as well as the terms of any applicable device/platform via which you access the Game. For more information, please review the applicable terms of sale of the device/platform.
For UK/EU users, you have a right to withdraw from a purchase of digital content (such as a Game or Virtual Items). However, you may be asked by the relevant device/platform to consent to the immediate supply of the Game and/or Virtual Items at the point of sale, and acknowledge that you will lose your right to withdraw.
7. Our responsibility and liability to you
7.1. There are certain situations where we will be responsible or liable for losses or damages you suffer. These are as follows:
(a) Where it would be unlawful to exclude or limit our liability.
We do not exclude or limit our liability to you where it would be unlawful to do so, this includes:
i. Death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors);
ii. Fraud or fraudulent misrepresentation;
iii. Breach of your statutory rights as a consumer; and
iv. For defective products.
(b) Foreseeable loss and damage caused by us.
If we fail to comply with this EULA, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking them, or our failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the EULA was agreed to, both we and you knew it might happen. We are not responsible for any loss or damage that is not foreseeable.
(c) Damage to device or digital content.
If the Services damage a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or have in place the advised minimum technical requirements.
(d) Personal losses.
We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purposes we will have no liability to you for any loss of profits, loss of business, business interruption or loss of business opportunity.
7.2. Subject always to section 7.1 above,
(a) we will not be liable to you or any third party for any damages, claims, costs, or losses arising from or in connection with: (i) your use of (or inability to use) the Services; (ii) your breach of this EULA; (iii) any action that we may take under or in accordance with this EULA; or (iv) any failure or delay by Thunderful or its group companies, employees, agents, or representatives to perform its obligations under this EULA, to the extent that such failure or delay is caused by an event or condition beyond its/their reasonable control; and
(b) the total liability of Thunderful (and its group companies) arising out of or in connection with this EULA and/or your use of the Services will not exceed the total amount you have paid to us under this EULA during the twelve (12) months immediately prior to the event which caused the liability.
8. Governing law and dispute resolution
8.1. What happens if there is a dispute between us? We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally, we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist. You and we have the legal right to commence legal claims against each other. If you bring a legal claim against Thunderful, you should send it to info@thunderfulgroup.com.
8.2. What laws is the EULA governed by and which jurisdiction can claims be brought in? You and we agree that your use of the Services and this EULA (and any issues arising out of them) will be governed by and interpreted in accordance with the laws of Sweden, and any dispute regarding it will be under the jurisdiction of the courts of Sweden . This does not exclude any mandatorily applicable rules or remedies which would be available to you under the laws of your country of residence (including, if applicable, your right to bring proceedings in the courts of that country).
9. Other legal matters
9.1. We can assign, subcontract or transfer this EULA to a third party or another member of our group (as part of any reorganisation or merger or for other business reasons), provided that this does not materially negatively affect your legal rights (or with your agreement).
9.2. You may get links from Thunderful or other users to third party website or content via the Services – be careful, as we cannot protect you when you leave our Services.
9.3. This EULA governs our relationship with you (and vice versa). It does not create rights for anyone else.
9.4. If any part of this EULA is found not to be legally enforceable, this will not affect any other part of it.
9.5. No failure or delay by us or you to exercise any right or remedy provided under this EULA or by law will constitute a waiver of that right or remedy.
Thunderful Games: Privacy Notice
Last updated: 31st May 2024
A quick, but important, summary:
(i) This privacy notice describes how we will use your personal data.
(ii) Personal data is information relating to you and information that identifies you.
(iii) Everything in this privacy notice is important and we recommend you read it in its entirety.
(iv) If you are under 18 years of age, you should have your parent or guardian read this privacy notice.
(v) If you have any queries or concerns about this privacy notice, please email us at info@thunderfulgroup.com.
1. About this Privacy Notice
1.1. Thunderful AB (“Thunderful”, “we”, “us”) is a developer and publisher of video games. When you play our games, we will collect and process certain information about you – known as personal data. Our role in relation to your personal data is that of controller: meaning that we are responsible for determining how your personal data is processed and for keeping it secure. This privacy notice describes how we will process your personal data and provides you with information about your rights and how you can exercise these rights.
1.2. We may update this privacy notice from time-to-time so please do check back.
2. Children
2.1. Legally, you must be at least 13 to use our games (although some of our games may have a higher age rating). If you don’t understand something on this page, then please ask your parent or guardian to help.
2.2. We do not knowingly collect personal data of anyone under the age of 13. If you’re a parent or guardian and are concerned about how we process your child’s personal data, please do get in touch.
3. What information do we collect and why do we use it?
3.1. When you play our games, we collect device information, username (if applicable) and in-game information (i.e. your progress and activity within the game). If our games offer in-game chat, we will also collect any personal data shared within the chat.
3.2. We do not collect any specific identifiers about you, such as your name or address, and you do not need an account with us to play our games.
3.3. We use your personal data for the following purposes:
3.3.1. In order to make our games available for you to play. This is necessary for the performance of the contract that we have with you.
3.3.2. In order to review our games to identify and remedy any bugs or errors, and to make sure our games are running as we intended. This is necessary for the performance of the contract that we have with you.
3.3.3. In order to assess if our games can be improved in any way. This is in our legitimate interests so that we can make the best games possible.
3.3.4. We also use information to enforce our policies, notify you about changes, protect our services, deal with cheats and hacks, and protect you and our other users. This is necessary for the performance of the contract we have with you.
3.3.5. If our games have voice or text chat, we will process this information shared by you in the chat. This is necessary for the performance of the contract that we have with you.
3.3.6. If our games have voice or text chat, we may monitor the chat where abusive behaviour or other breaches of our EULA are reported to us. This is done in accordance with our legitimate interests to ensure our games are fun and safe for all.
3.3.7. If you contact us, we will process your personal data so that we can respond to your query. This is done in accordance with our legitimate interests so that we can respond to such queries.
3.3.8. If you exercise your rights, we will process your personal data to give effect to your request (where applicable). This is necessary to comply with legal obligations.
3.3.9. If we carry out direct marketing. This will be done on the basis of your consent or in accordance with our legitimate interests if the marketing relates to goods / services which are similar to those that you have signed up for.
3.4. We may also collect and use your personal data where necessary for us to comply with our legal obligations.
3.5. We also process personal data for other purposes that are compatible with those listed above.
4. In-game chat
4.1. We encourage our players to engage with in-game chat so that they can work together and enhance the experience.
4.2. However, it is important that you never reveal any personal information with others via in-game chat – such as your name, contact details, address or location. This is for your own safety.
5. Sharing your personal data
5.1. As the controller of your personal data, it is our responsibility to keep it secure. This means that we will only share your personal data where it is necessary and where we have put suitable controls in place.
5.2. We may share your personal data with certain service providers, known as processors. These processors will only process your personal data on our behalf and in accordance with this privacy notice. In all instances, we will ensure that our processors are contractually obliged to keep your personal data secure and only to process it in accordance with our instructions.
5.3. We may share also your personal data with other partners where necessary, such as developers and platforms. Again, we will always ensure that any sharing is kept secure.
5.4. In the event of a merger, acquisition or other corporate activity, we will be required to share your personal data.
5.5. Finally, in rare circumstances, we may be required to share information with law enforcement.
6. Transferring your personal data
6.1. Data protection laws impose restrictions on controllers when it comes to transferring personal data – this is to ensure that your personal data is kept secure and not held in countries with lower data protection standards.
6.2. We will only transfer your personal data to those countries with adequate data protection requirements or where we have put in place contractual measures – commonly known as standard contractual clauses – to ensure that the recipient applies the same data protection standards that are in place in Europe and the UK.
7. How long do we keep personal data for?
7.1. We only keep personal data for as long as is necessary.
7.2. Generally, we will not hold personal data for longer than six years. There will be circumstances, however, where we need to keep personal data for long (i.e. if we have a legal obligation to keep personal data for longer, to resolve a dispute, or to prevent cheating or other inappropriate activities).
8. How do we keep personal data safe?
8.1. It is impossible to guarantee that information will be kept secure in today’s digital age. However, we have robust security arrangements in place to guard against your personal data being lost, stolen or access by unauthorised persons.
8.2. When we use third-party organisations to process your personal data, they must comply with contractual requirements and instructions with regard to security.
9. Your rights
9.1. You have certain rights in respect of your personal data. This means that you can contact us and ask us to do certain things with your information, such as provide it to you or delete it. You can learn more about these rights here: https://ico.org.uk/your-data-matters/ In particular, we’d like to remind you that you can:
9.1.1. ask us for a copy of the personal data we hold about you;
9.1.2. ask us to change information that is inaccurate;
9.1.3. object to decisions about you being taken by automated means (i.e. where a computer makes a decision about you with no human involvement);
9.1.4. where we have asked for your consent, you can change your mind and withdraw your consent at any time;
9.1.5. ask us to stop using your information;
9.1.6. ask us to share your personal data with another company;
9.1.7. ask us to delete the information we hold about you; and
9.1.8. ask us to stop sending you direct marketing.
9.2. If you wish to exercise any of your rights, please contact us at [info@thunderfulgroup.com ]. You can exercise these rights whether you’re an adult or a child.
9.3. Please be aware that your rights are not absolute. This means that there may be circumstances where we are unable to comply with your request or where we are permitted to refuse to comply. Once you make a request, and where we can comply, we will do so within one calendar month although we may have to extend this for more complex requests or where we have received a high volume.
Last updated: 31st May 2024
A quick, but important, summary:
(i) This EULA applies, and is legally binding on you, whenever you download, play, and/or otherwise access our games and our other services – please see section 1 for more details.
(ii) Everything in this EULA is important and we recommend you read it in its entirety. In particular though, we draw your attention to the following: section 7 (which explains when we are, and when we are not, liable to you, and certain limits on that liability) and section 8 (which sets out what happens in the event of a dispute).
(iii) There are a number of rules set out in section 2.1 – if you breach these (or other parts of this EULA), we will have certain rights which are explained in section 6. (e.g. to suspend your access to our Services).
(iv) You should be at least 13 years old to access our Games. If you are between 13 and 18, your parent/guardian should agree to this EULA on your behalf (see section 1.2).
(v) We may need to amend the EULA and/or the Services in certain situations (e.g. to make technical improvements - see section 3).
(vi) If you provide us with feedback, suggestions or user-generated content, there may be circumstances in which we use it (see sections 4.2 and 4.3).
(vii) If you have any queries or concerns about this EULA, please email us at info@thunderfulgroup.com.
1. About Thunderful and this EULA
1.1. Who is Thunderful and what does this EULA cover? We are Thunderful AB based at Kvarnbergsgatan 2, 411 05, Goterborg, Sweden (known as “Thunderful” – we may also refer to ourselves as “We” in this EULA), and we are a video games developer and publisher. This End User Licence Agreement (“EULA”) is a legally binding contract between you and Thunderful and it applies to you whenever you download, play and/or otherwise access any of our games ("Games”), our Virtual Items (as defined in section 5 below) or websites (including www.thunderfulgames.com) (together, the “Services”).
1.2. How old do I have to be to play your Games? You must be at least 13 years old to sign-up to and play our Games. If you are between 13 and 18, you must ask your parent or guardian to review and approve this EULA and to supervise your use of the Games. Our Games may also have their own individual age ratings (e.g. from PEGI or ESRB) which may differ depending on where you are located; this may also impact whether our Games are right for you – if you are under 18 years old, you should check the age ratings of Games with your parent or guardian before accessing them.
1.3. Who do I contact if I have a questions about this EULA? If you have any questions about this EULA, please feel free to email us at info@thunderfulgroup.com.
2. Use of our Games
2.1. What are the rules for using your Services? We ask you to follow a few simple rules if you download, play or access our Services. Please read them carefully, as failure to follow them will be considered a breach of this EULA, which could lead to suspension or cancellation of your access to our Services (more details on this in section 6.1). By downloading, playing and/or otherwise accessing the Services, you agree that you will comply with these rules.
(a) Personal Enjoyment. Only use the Services for your personal enjoyment, and not for any commercial, marketing or political purpose.
(b) Restricted Access. Do not attempt to copy, rent, sell, lend, lease, sub-license, distribute, publish or publicly display the Services or any of your rights under this EULA to anyone else not expressly permitted under this EULA.
(c) Misuse. Do not:
(i) use the Services in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with this EULA;
(ii) cheat, hack, harm, insert malicious code/data into, modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile or disassemble the Services (unless you are allowed to under your local laws), or any platform / network / server the Services run on;
(iii) transmit, or facilitate the transmission of any virus, corrupted data, time bomb, trojan horse, worm, or anything intended to damage, interfere, intercept, scrape, mine or otherwise expropriate any system, data or personal information;
(iv) circumvent, deactivate, impair or otherwise bypass any technological measures implemented by Thunderful (or third parties acting on its behalf).
(d) Infringing Content. Do not do anything in connection with the Services that infringes copyright, trade mark, patent, trade secret, privacy, publicity or any other third party rights (including intellectual property rights).
(e) Conduct. Do not do or say anything that: (i) is or may be considered threatening, harassing, racist, sexist, discriminatory, harmful, abusive, defamatory or otherwise offensive or illegal; or (ii) impersonates any person, business or entity (including impersonating an employee or agent of Thunderful).
2.2. Will there be early access or betas for any Games? We may release some Games (sometimes along with Virtual Items) before their full commercial release to test the features, capabilities, and performance of the product. This could be in prototype, alpha, beta, ‘Early Access’ or other pre-full release mode, and may be time-limited. Please remember that these versions might contain bugs, we might add or remove features and there may be server/progress resets (including for Virtual Items - as explained in section 5 below). We might set other requirements too, but these will be notified to you.
3. Changes and updates
3.1. When might the Services be changed or updated? Thunderful may modify, update and/or change the Services and/or their functionality for various reasons, in particular: (a) to comply with legal, regulatory or safety requirements; (b) to adapt to changes in market conditions, business practice or user behaviour; (c) to adapt to technological developments or other operational reasons (including those related to safety and security); (d) due to third party compliance or licence requirements; or (e) for your benefit or advantage.
Some Services will have minimum requirements (e.g. minimum computer specifications or require an internet connection) and it is your responsibility to ensure you meet these requirements before purchasing, downloading or using them. This may result in mandatory and/or automatic updates, meaning older or un-updated versions may become unusable over time as a result. We may also stop supporting older devices/platforms over time, but we will use reasonable efforts to notify this to you in advance.
3.2. When might the EULA be changed or updated? We may also make changes to this EULA for various reasons too – such as to reflect changes in applicable laws or regulatory requirements and / or to implement technical changes or improvements (e.g. to address a security issue or changes in our business practices). If we make minor changes to the EULA, these should not impact your use of the Services and will take effect immediately on posting the updated version of the EULA to this page. If we make more significant changes to the EULA, we will notify you of these changes in advance.
Your continued use of the Services following any changes to this EULA (which, as explained above, will either take effect immediately or, where the changes are significant, following advance notice) will be deemed to be your acceptance of those changes which will be binding on you. If you do not agree to any changes to this EULA, you may not continue to use the Services.
4. Licence and intellectual property
4.1. Who owns the Services? The Services including (but not limited to) its/their visual components, user interface, graphics, audio, video, text, layout, computer code, databases, data and all other content, along with all the intellectual property rights and exploitation rights in them (together the “Thunderful IP”), are either owned by Thunderful or licensed from third parties. All rights in the Thunderful IP are reserved by Thunderful. No ownership right or interest or other rights in the Thunderful IP or any part of it is transferred to you under or by operation of this EULA. We grant you only a personal, limited, terminable, non-exclusive, non-transferable licence to download, access, display, view and use the Services (including any applicable Thunderful IP) on authorised devices and platforms and solely for their intended purpose, subject always to you abiding strictly by this EULA.
4.2. Who owns any User Generated Content? Some of our Services may allow you to share, create or upload content, such as messages, comments, images, sounds, video or other information (“User Generated Content”), including via player chat functionality. You own your User Generated Content, but by posting any User Generated Content in or via our Services, you are giving us permission to use it (legally, you give us a non-exclusive, permanent, irrevocable, worldwide, sub-licensable, transferable, royalty-free licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your User Generated Content in connection with the Services). If you do not agree to this, please do not post any User Generated Content.
It is your responsibility to ensure that you have all rights and permissions necessary to upload User Generated Content and to grant us the licence set out in the paragraph above. By uploading User Generated Content, you will be promising to us that you have all such rights and permissions.
Thunderful reserves the right (but is not obliged) to monitor and moderate any User Generated Content in its Services, and may prohibit or remove such User Generated Content if it breaches this EULA, including in particular (but without limitation) the rules set out in section 2.1 above, or if Thunderful is legally required to.
4.3. I’ve got feedback or a suggestion for the Services, who do I contact? We always welcome feedback and suggestions (which you can send to info@thunderfulgroup.com) but we may choose not to use or accept them. If you choose to provide any feedback or suggestions to us, we are not obliged to give you any credit or compensation, nor do we have any other obligations or liability to you relating to such feedback or suggestions. By choosing to submit feedback or suggestions to us, you will be giving us permission to use such feedback/suggestions on the same licensed basis as you do for User Generated Content (see section 4.2).
5. Virtual Items
5.1. Does Thunderful offer Virtual Items? Certain Games may let you ‘purchase’ and/or otherwise obtain access to virtual, in-game digital items and content including cosmetic and in-game enhancements and other downloadable content (“Virtual Items”).
5.2. Who owns the Virtual Items? In legal terms, when you ‘purchase’ or otherwise obtain (e.g., by ‘earning’) access to Virtual Items, you are receiving from us a limited, non-exclusive, non-assignable, non-transferable, non-sub-licensable, revocable licence to use such Virtual Items solely for your personal entertainment and non-commercial use in the relevant Game. This licence gives you usage rights, but Thunderful remains the legal owner of Virtual Items at all times. Virtual Items are digital items only with no cash-value or real-world existence and they generally cannot be ‘bought’, ‘sold’, gifted, transferred, traded or redeemed in any way.
5.3. Do Virtual Items expire, or can they be revoked? Virtual Items do not generally expire (unless they’re stated to expire or are consumables). Thunderful is entitled to revoke from you (without notice or compensation) any Virtual Items that have been obtained by way of (for example) a bug, hack, breach, or exploitation of the Game, or if we terminate the EULA under section 6.1 below.
6. When we may suspend or end your rights under this EULA
6.1. When can Thunderful suspend or end my rights under this EULA, or my access to the Services?
(a) We may end or suspend (temporarily or permanently) your right to access any and/or all of our Services (including access to our Games and Virtual Items) if you materially breach this EULA – including any breach of the rules in section 2.1. If we end or suspend your access to our Services under this section, we will not have any obligations or liabilities to you at all. You may appeal your suspension or bans by contacting customer support.
(b) If Thunderful decides to stop providing any of the Games permanently, we will try and give you at least 60 (sixty) days’ notice and provide you with details of any next steps.
6.2. When can I get a refund for the Games and/or Virtual Items? Your refund rights for the Games and/or Virtual Items will depend on your country of residence, the circumstances (e.g. if the Games have a fault), as well as the terms of any applicable device/platform via which you access the Game. For more information, please review the applicable terms of sale of the device/platform.
For UK/EU users, you have a right to withdraw from a purchase of digital content (such as a Game or Virtual Items). However, you may be asked by the relevant device/platform to consent to the immediate supply of the Game and/or Virtual Items at the point of sale, and acknowledge that you will lose your right to withdraw.
7. Our responsibility and liability to you
7.1. There are certain situations where we will be responsible or liable for losses or damages you suffer. These are as follows:
(a) Where it would be unlawful to exclude or limit our liability.
We do not exclude or limit our liability to you where it would be unlawful to do so, this includes:
i. Death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors);
ii. Fraud or fraudulent misrepresentation;
iii. Breach of your statutory rights as a consumer; and
iv. For defective products.
(b) Foreseeable loss and damage caused by us.
If we fail to comply with this EULA, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking them, or our failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the EULA was agreed to, both we and you knew it might happen. We are not responsible for any loss or damage that is not foreseeable.
(c) Damage to device or digital content.
If the Services damage a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or have in place the advised minimum technical requirements.
(d) Personal losses.
We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purposes we will have no liability to you for any loss of profits, loss of business, business interruption or loss of business opportunity.
7.2. Subject always to section 7.1 above,
(a) we will not be liable to you or any third party for any damages, claims, costs, or losses arising from or in connection with: (i) your use of (or inability to use) the Services; (ii) your breach of this EULA; (iii) any action that we may take under or in accordance with this EULA; or (iv) any failure or delay by Thunderful or its group companies, employees, agents, or representatives to perform its obligations under this EULA, to the extent that such failure or delay is caused by an event or condition beyond its/their reasonable control; and
(b) the total liability of Thunderful (and its group companies) arising out of or in connection with this EULA and/or your use of the Services will not exceed the total amount you have paid to us under this EULA during the twelve (12) months immediately prior to the event which caused the liability.
8. Governing law and dispute resolution
8.1. What happens if there is a dispute between us? We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally, we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist. You and we have the legal right to commence legal claims against each other. If you bring a legal claim against Thunderful, you should send it to info@thunderfulgroup.com.
8.2. What laws is the EULA governed by and which jurisdiction can claims be brought in? You and we agree that your use of the Services and this EULA (and any issues arising out of them) will be governed by and interpreted in accordance with the laws of Sweden, and any dispute regarding it will be under the jurisdiction of the courts of Sweden . This does not exclude any mandatorily applicable rules or remedies which would be available to you under the laws of your country of residence (including, if applicable, your right to bring proceedings in the courts of that country).
9. Other legal matters
9.1. We can assign, subcontract or transfer this EULA to a third party or another member of our group (as part of any reorganisation or merger or for other business reasons), provided that this does not materially negatively affect your legal rights (or with your agreement).
9.2. You may get links from Thunderful or other users to third party website or content via the Services – be careful, as we cannot protect you when you leave our Services.
9.3. This EULA governs our relationship with you (and vice versa). It does not create rights for anyone else.
9.4. If any part of this EULA is found not to be legally enforceable, this will not affect any other part of it.
9.5. No failure or delay by us or you to exercise any right or remedy provided under this EULA or by law will constitute a waiver of that right or remedy.
Thunderful Games: Privacy Notice
Last updated: 31st May 2024
A quick, but important, summary:
(i) This privacy notice describes how we will use your personal data.
(ii) Personal data is information relating to you and information that identifies you.
(iii) Everything in this privacy notice is important and we recommend you read it in its entirety.
(iv) If you are under 18 years of age, you should have your parent or guardian read this privacy notice.
(v) If you have any queries or concerns about this privacy notice, please email us at info@thunderfulgroup.com.
1. About this Privacy Notice
1.1. Thunderful AB (“Thunderful”, “we”, “us”) is a developer and publisher of video games. When you play our games, we will collect and process certain information about you – known as personal data. Our role in relation to your personal data is that of controller: meaning that we are responsible for determining how your personal data is processed and for keeping it secure. This privacy notice describes how we will process your personal data and provides you with information about your rights and how you can exercise these rights.
1.2. We may update this privacy notice from time-to-time so please do check back.
2. Children
2.1. Legally, you must be at least 13 to use our games (although some of our games may have a higher age rating). If you don’t understand something on this page, then please ask your parent or guardian to help.
2.2. We do not knowingly collect personal data of anyone under the age of 13. If you’re a parent or guardian and are concerned about how we process your child’s personal data, please do get in touch.
3. What information do we collect and why do we use it?
3.1. When you play our games, we collect device information, username (if applicable) and in-game information (i.e. your progress and activity within the game). If our games offer in-game chat, we will also collect any personal data shared within the chat.
3.2. We do not collect any specific identifiers about you, such as your name or address, and you do not need an account with us to play our games.
3.3. We use your personal data for the following purposes:
3.3.1. In order to make our games available for you to play. This is necessary for the performance of the contract that we have with you.
3.3.2. In order to review our games to identify and remedy any bugs or errors, and to make sure our games are running as we intended. This is necessary for the performance of the contract that we have with you.
3.3.3. In order to assess if our games can be improved in any way. This is in our legitimate interests so that we can make the best games possible.
3.3.4. We also use information to enforce our policies, notify you about changes, protect our services, deal with cheats and hacks, and protect you and our other users. This is necessary for the performance of the contract we have with you.
3.3.5. If our games have voice or text chat, we will process this information shared by you in the chat. This is necessary for the performance of the contract that we have with you.
3.3.6. If our games have voice or text chat, we may monitor the chat where abusive behaviour or other breaches of our EULA are reported to us. This is done in accordance with our legitimate interests to ensure our games are fun and safe for all.
3.3.7. If you contact us, we will process your personal data so that we can respond to your query. This is done in accordance with our legitimate interests so that we can respond to such queries.
3.3.8. If you exercise your rights, we will process your personal data to give effect to your request (where applicable). This is necessary to comply with legal obligations.
3.3.9. If we carry out direct marketing. This will be done on the basis of your consent or in accordance with our legitimate interests if the marketing relates to goods / services which are similar to those that you have signed up for.
3.4. We may also collect and use your personal data where necessary for us to comply with our legal obligations.
3.5. We also process personal data for other purposes that are compatible with those listed above.
4. In-game chat
4.1. We encourage our players to engage with in-game chat so that they can work together and enhance the experience.
4.2. However, it is important that you never reveal any personal information with others via in-game chat – such as your name, contact details, address or location. This is for your own safety.
5. Sharing your personal data
5.1. As the controller of your personal data, it is our responsibility to keep it secure. This means that we will only share your personal data where it is necessary and where we have put suitable controls in place.
5.2. We may share your personal data with certain service providers, known as processors. These processors will only process your personal data on our behalf and in accordance with this privacy notice. In all instances, we will ensure that our processors are contractually obliged to keep your personal data secure and only to process it in accordance with our instructions.
5.3. We may share also your personal data with other partners where necessary, such as developers and platforms. Again, we will always ensure that any sharing is kept secure.
5.4. In the event of a merger, acquisition or other corporate activity, we will be required to share your personal data.
5.5. Finally, in rare circumstances, we may be required to share information with law enforcement.
6. Transferring your personal data
6.1. Data protection laws impose restrictions on controllers when it comes to transferring personal data – this is to ensure that your personal data is kept secure and not held in countries with lower data protection standards.
6.2. We will only transfer your personal data to those countries with adequate data protection requirements or where we have put in place contractual measures – commonly known as standard contractual clauses – to ensure that the recipient applies the same data protection standards that are in place in Europe and the UK.
7. How long do we keep personal data for?
7.1. We only keep personal data for as long as is necessary.
7.2. Generally, we will not hold personal data for longer than six years. There will be circumstances, however, where we need to keep personal data for long (i.e. if we have a legal obligation to keep personal data for longer, to resolve a dispute, or to prevent cheating or other inappropriate activities).
8. How do we keep personal data safe?
8.1. It is impossible to guarantee that information will be kept secure in today’s digital age. However, we have robust security arrangements in place to guard against your personal data being lost, stolen or access by unauthorised persons.
8.2. When we use third-party organisations to process your personal data, they must comply with contractual requirements and instructions with regard to security.
9. Your rights
9.1. You have certain rights in respect of your personal data. This means that you can contact us and ask us to do certain things with your information, such as provide it to you or delete it. You can learn more about these rights here: https://ico.org.uk/your-data-matters/ In particular, we’d like to remind you that you can:
9.1.1. ask us for a copy of the personal data we hold about you;
9.1.2. ask us to change information that is inaccurate;
9.1.3. object to decisions about you being taken by automated means (i.e. where a computer makes a decision about you with no human involvement);
9.1.4. where we have asked for your consent, you can change your mind and withdraw your consent at any time;
9.1.5. ask us to stop using your information;
9.1.6. ask us to share your personal data with another company;
9.1.7. ask us to delete the information we hold about you; and
9.1.8. ask us to stop sending you direct marketing.
9.2. If you wish to exercise any of your rights, please contact us at [info@thunderfulgroup.com ]. You can exercise these rights whether you’re an adult or a child.
9.3. Please be aware that your rights are not absolute. This means that there may be circumstances where we are unable to comply with your request or where we are permitted to refuse to comply. Once you make a request, and where we can comply, we will do so within one calendar month although we may have to extend this for more complex requests or where we have received a high volume.