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Tiny Game Dev LLC
End-User License Agreement

Last Updated: April 17, 2024

Welcome to Tiny Game Dev This End-User License Agreement ("EULA") governs your use of our game, Terralysia, (the "Game").

The Game is a copyrighted work belonging to Tiny Game Dev LLC ("Tiny Game Dev", "us", "our", and "we"). This EULA sets forth the legally binding terms and conditions that govern your use of the Game (the "Terms").

  • Access to the Game.
    • Eligibility. Only persons meeting the following requirements may use the Game:
      • Persons who are at or above the legal age of majority in their jurisdiction (18 years old in most states) who agree to be bound by this EULA; or
      • Persons who are between the ages of 16 and the legal age of majority in their jurisdiction, who have the consent and are under the supervision of their parent or legal guardian and who agree, along with their parent or guardian, to this EULA.
      By downloading/installing/using/accessing the Game, you (i) acknowledge that you have read and understand these Terms; (ii) represent that you meet one of the eligibility requirements above, and (iii) accept this agreement and agree that you are legally bound by its terms. If you do not agree to these Terms, you may not download/install/use the Game.

    • License. Subject to this EULA, and provided that you meet either the requirements in Section 1.1(a) or 1.1(b) above, Tiny Game Dev grants you a limited, non-transferable, non-exclusive, revocable, limited license to download and install the Game for your personal, non-commercial use in accordance with the Game's documentation.

    • Certain Restrictions. The rights granted to you in this EULA are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Game, whether in whole or in part, or any content displayed on the Game; (b) you will not modify, translate, adapt, make derivative works of, improve, disassemble, decode, reverse compile or reverse engineer or otherwise attempt to derive or gain access to the source code of any part of the Game; (c) you will not access the Game in order to build a similar or competitive website, product, game or service; (d) except as expressly stated in this EULA, no part of the Game may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you will not remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Game. Unless otherwise indicated, any future release, update, or other addition to functionality of the Game will be subject to this EULA. All copyright and other proprietary notices on the Game (or on any content displayed on the Game) must be retained on all copies.

    • Modification. Tiny Game Dev reserves the right, at any time, to modify, suspend, or discontinue the Game (in whole or in part) with or without notice to you. You agree that Tiny Game Dev will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Game or any part of it.

    • No Support or Maintenance. You acknowledge and agree that Tiny Game Dev will have no obligation to provide you with any support or maintenance in connection with the Game.

    • Ownership. You acknowledge and agree that the Game is provided under license, and not sold, to you. You do not acquire any ownership interest in the Game under this EULA, or any other rights other than to use the Game in accordance with this EULA. Tiny Game Dev and its licensors and service providers reserve and retain their entire right, title, and interest in and to the Game, including all copyrights, trademarks, and other related intellectual property rights, except as expressly granted to you in this EULA. Neither this EULA (nor your access to the Game) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.2. Tiny Game Dev and its suppliers reserve all rights not granted in this EULA. There are no implied licenses granted under these Terms.

  • Device Requirements. The Game may require certain minimum system or device requirements and/or only be accessible via third-party application marketplaces where the application can be downloaded.

  • Updates. Tiny Game Dev may from time to time in its sole discretion develop and provide Game updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Tiny Game Dev has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

    You agree to promptly download and install all Updates and acknowledge and agree that the Game or portions of it may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Game and be subject to all terms and conditions of this EULA.

  • Indemnification. You agree to indemnify and hold Tiny Game Dev (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Game, (b) your violation of this EULA, or (c) your violation of applicable laws or regulations. Tiny Game Dev reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Tiny Game Dev. Tiny Game Dev will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  • Third-Party Materials. The Game may contain links to third-party websites and services, including through third party advertising (collectively, "Third-Party Materials"). Such Third-Party Materials are not under the control of Tiny Game Dev, and Tiny Game Dev is not responsible for any Third-Party Materials. Tiny Game Dev provides access to these Third-Party Materials only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Materials. You acknowledge and agree that Tiny Game Dev is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of the Third-Party Materials. Tiny Game Dev does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and corresponding links are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Materials.

  • Release. You hereby release and forever discharge Tiny Game Dev (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Game (including any interactions with, or act or omission of, other Game users or any Third Party Materials). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

  • Disclaimers. THE GAME IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TINY GAME DEV, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICES PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE GAME, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, TINY GAME DEV PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE GAME WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, GAMES, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, ACCURATE, RELIABLE, FREE FROM HARMFUL CODE, COMPLETE, LEGAL, SAFE, AVAILABLE ON AN UNINTERUPTED BASIS OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  • Epic Disclaimers. THE GAME INCLUDES THE UNREAL® ENGINE CODE AND OTHER CODE, MATERIALS, AND INFORMATION (THE "EPIC MATERIALS") FROM EPIC GAMES, INC. ("EPIC"). ALL EPIC MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND. TINY GAME DEV, EPIC, AND EPIC'S AFFILIATES DISCLAIM ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES, AND REPRESENTATIONS (EXPRESS, IMPLIED, ORAL, AND WRITTEN) WITH RESPECT TO THE EPIC MATERIALS, INCLUDING WITHOUT LIMITATION ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS OF ANY KIND, SUCH AS TITLE, NON-INTERFERENCE WITH YOUR ENJOYMENT, AUTHORITY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT EPIC KNOWS OR HAS REASON TO KNOW OF ANY SUCH PURPOSE), SYSTEM INTEGRATION, ACCURACY OR COMPLETENESS, RESULTS, REASONABLE CARE, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, AND LACK OF VIRUSES, WHETHER ALLEGED TO ARISE UNDER LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TINY GAME DEV, EPIC, AND EPIC'S AFFILIATES MAKE NO WARRANTY THAT (1) ANY OF THE EPIC MATERIALS WILL OPERATE PROPERLY, INCLUDING AS INTEGRATED IN THE GAME, (2) THAT THE EPIC MATERIALS WILL MEET YOUR REQUIREMENTS, (3) THAT THE OPERATION OF THE EPIC MATERIALS WILL BE UNINTERRUPTED, BUG FREE, OR ERROR FREE IN ANY OR ALL CIRCUMSTANCES, (4) THAT ANY DEFECTS IN THE EPIC MATERIALS CAN OR WILL BE CORRECTED, (5) THAT THE EPIC MATERIALS ARE OR WILL BE IN COMPLIANCE WITH A PLATFORM MANUFACTURER'S RULES OR REQUIREMENTS, OR (6) THAT A PLATFORM MANUFACTURER HAS APPROVED OR WILL APPROVE THIS GAME, OR WILL NOT REVOKE APPROVAL OF THIS GAME FOR ANY OR NO REASON. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNIFORM COMMERCIAL CODE OR IN ANY OTHER COMPARABLE STATUTE IS EXPRESSLY DISCLAIMED BY TINY GAME DEV AND EPIC. TINY GAME DEV, EPIC, AND EPIC'S AFFILIATES DO NOT GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE, OR SECURE OPERATION OF OR ACCESS TO THE EPIC MATERIALS. THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TINY GAME DEV, EPIC, EPIC'S LICENSORS, NOR ITS OR THEIR AFFILIATES, NOR ANY OF TINY GAME DEV'S OR EPIC'S SERVICE PROVIDERS, SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE EPIC MATERIALS OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL TINY GAME DEV, EPIC, EPIC'S LICENSORS, NOR ITS OR THEIR AFFILIATES, NOR ANY OF TINY GAME DEV'S OR EPIC'S SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EPIC MATERIALS, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE EPIC MATERIALS, EVEN IN THE EVENT OF TINY GAME DEV'S, EPIC'S, OR EPIC'S AFFILIATES' FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF TINY GAME DEV, EPIC OR EPIC'S AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF TINY GAME DEV, EPIC, EPIC'S LICENSORS, ITS AND THEIR AFFILIATES, AND ANY OF TINY GAME DEV'S OR EPIC'S SERVICE PROVIDERS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

  • Limitation on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TINY GAME DEV OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICES PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE GAME FOR:

    PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

    DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME.

    THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR TINY GAME DEV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  • Term and Termination. Subject to this Section, this EULA will remain in full force and effect while you use the Game. We may suspend or terminate your rights to use the Game at any time for any reason at our sole discretion, including for any use of the Game in violation of this EULA. Upon termination of your rights under these EULA and right to access and use the Game will terminate immediately. Tiny Game Dev will not have any liability whatsoever to you for any termination of your rights under this EULA. Even after your rights under this EULA are terminated, the provisions of this EULA which by their nature should survive the termination of this agreement, will survive it, including without limitation: Sections 1.3, 1.6, 2, and 4 through 11.

  • General
    • Changes. This EULA is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Game. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Our prominent posting of notice of such changes on our website will also be considered effective notice of such changes. Any changes to this EULA will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Game. These changes will be effective immediately for new users of our Game. Continued use of our Game following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
    • Export. The Game may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Tiny Game Dev, or any products utilizing such data, in violation of the United States export laws or regulations.
    • Disclosures. Tiny Game Dev is located at the address in Section 11.11. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
    • Electronic Communications. The communications between you and Tiny Game Dev use electronic means, whether you use the Game or send us emails, or whether Tiny Game Dev posts notices on the Game or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Tiny Game Dev in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Tiny Game Dev provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
    • Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
    • Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. You irrevocably consent to the exclusive personal jurisdiction of the state and federal courts located within San Diego County, California for any suit or action arising from or related to this Agreement, and waive any right you may have to object to venue there.
    • Limitation of Time for Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE GAME MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
    • Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power provided by this EULA will operate as a waiver of said right or power, nor will any single or partial exercise of any right or power preclude further exercise of that or any other right. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement will govern.
    • Entire Terms. The EULA constitutes the entire agreement between you and us regarding the use of the Game. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Tiny Game Dev is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Tiny Game Dev's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Tiny Game Dev may freely assign these Terms. The terms and conditions set forth in these Terms will be binding upon assignees.
    • Copyright/Trademark Information. Copyright © 2024 Tiny Game Dev LLC. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Game are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

  • Contact Information:
    Tiny Game Dev LLC

    2712 Loker Avenue West #1204
    Carlsbad, CA 92010
    United States

    support@tinygame.dev