TERMS OF
SERVICE

These terms are the agreement between you and Dinkigames for the games and apps we publish and for this website. Please read them before you play. By installing, opening or using one of our games, you agree to them.

Our games and apps (the "Apps") and the website at dinkigames.com (together with the Apps, the "Services") are provided by Dinkigames (Pvt) Ltd, a company registered in Sri Lanka, of 57 Maliththa Street Thisun, No. 2 Watabadda, Bandarawela 90100, Sri Lanka ("Dinkigames", "we", "us"). How we handle your personal data is explained in our Privacy Policy, which forms part of these terms.

If you live in the European Union, the United Kingdom or another country whose consumer laws give you rights that a contract cannot take away, nothing in these terms limits those rights.

Who Can Play

You may use the Services only if you can form a binding contract where you live and you are at least the age shown for the App on the store or platform you got it from. Some of our games are for adults only. If you are under the age of majority where you live but old enough for an App, you may use it only with the permission of a parent or guardian, who accepts these terms for you.

You may not use the Services if the law of the country you are in forbids it, or if you are subject to sanctions that prohibit us from providing them to you.

Other Terms That Apply

• The store you got the App from. Apps downloaded from the App Store are also subject to Apple's Media Services Terms and Conditions, and Apps downloaded from Google Play to the Google Play Terms of Service. If these terms conflict with the store's rules on how an App may be used on your device, the store's rules win. Additional terms for Apps downloaded from the App Store are set out in Apple App Store.
• YouTube Playables. Some of our games can be played on YouTube. By playing them there, you also agree to be bound by the YouTube Terms of Service, and you must meet YouTube's age requirements. YouTube provides the sign-in, saving and advertising, and Google's Privacy Policy applies to your use of YouTube. Progress in a game on YouTube is separate from progress in the same game installed on your device.
• Sign-in providers. If you sign in with Apple, Google or Facebook, that provider's own terms apply to your account with them.

Your Licence to Use the Services

We give you a personal, limited, non-exclusive, non-transferable, revocable licence to download and use the Apps on devices you own or control, for your own non-commercial entertainment, in line with these terms and the rules of the store you got them from. The Apps are licensed to you, not sold.

Except where the law allows it and you cannot be prevented, you may not copy, modify, translate, decompile, reverse engineer or create works based on the Apps or the Services; rent, sell, sublicense or otherwise make them available to others; or remove any notice of ownership from them.

Your Account

Some of our games create an account for you the first time you play, so that the server can keep your coins, items and progress. You can play as a guest or sign in with Apple, Google or Facebook.

• Guest accounts are tied to the device and app installation that created them. If you delete the App, reset or lose your device, or sign out, you may lose access to a guest account and everything in it. Signing in with Apple, Google or Facebook lets you return to the same account later.
• Keep your account to yourself. An account is for one person. You are responsible for what happens on your account and for keeping your device and sign-in secure. Tell us at support@dinkigames.com if you think someone else has used it.
• Accounts are not for sale. You may not sell, buy, trade, share or transfer an account, or offer to.

Virtual Coins and Items

Our games may include virtual currency, such as coins, and virtual items, such as cosmetic items or power-ups (together, "Virtual Items"). Depending on the game, you may receive them when you start playing, by winning, by completing levels or by choosing to watch rewarded advertisements, and spend them on entry to matches or on items in an in-game shop.

• No real-world value. Virtual Items have no monetary value. They cannot be bought, sold, cashed out, exchanged for money, goods or anything of value outside the game, or transferred to another player or account, except where a game feature expressly allows it.
• A licence, not property. Virtual Items are part of the licence above. You do not own them, and you have no property right in them.
• Not gambling. Where a game lets you stake coins on a match, they are only Virtual Items. No real money is ever wagered and nothing of real-world value can be won. Doing well in a game does not mean you would do well at real-money gambling.
• Rewarded advertisements. Coins for watching an advertisement are credited once our server receives confirmation from the advertising network that the advertisement was completed. The number of rewarded advertisements available may be limited.
• We run the game's economy. We may change the prices, rewards, entry fees and availability of Virtual Items, and may correct a balance that is wrong because of an error, a bug or a breach of these terms.
• When an account ends. Virtual Items are lost if your account is deleted or closed, or if an App is discontinued.
• Purchases. If an App offers an in-app purchase, it is processed by Apple or Google under their terms, and refunds are handled by them under their policies and the law that applies to you.

Playing Fair

Our online games are played against other people. To keep them fair and enjoyable for everyone, you agree not to:

• Cheat, or use any modified client, bot, script, automation, emulator built for cheating, or other unauthorised software to play, to gain an advantage or to collect rewards.
• Exploit a bug or error. If you find one, please report it to us.
• Collude with another player, including deliberately losing a match or forfeiting to pass coins to another account, or create or use more than one account to gain rewards.
• Choose a name or photo that is offensive, hateful, sexually explicit, threatening, infringes someone else's rights, or impersonates another person, Dinkigames or our staff.
• Harass, threaten, defraud or abuse other players, including through the codes and invitations used to play with friends.
• Interfere with, overload or attempt to gain unauthorised access to the Services, our servers or other players' accounts, or intercept or tamper with the game's network traffic.
• Use the Services for any unlawful purpose or in breach of these terms.

A match you leave, forfeit or remain disconnected from past the time the game allows you to reconnect may be decided against you, under the rules shown in the game.

Your Name and Photo

The name you play under and your avatar, which may be the profile photo from a sign-in provider, are shown to the other players in your match. You keep any rights you have in them. You give us a worldwide, non-exclusive, royalty-free licence to store, copy, resize and display them for as long as they are on your account, solely to operate the Services. You confirm that you have the right to use them, and that they do not break these terms or the law.

Reports, Moderation and Enforcement

You can report a player, a name or a photo that you believe is illegal or breaks these terms by emailing support@dinkigames.com. Please tell us the player's name, the game, when you saw it and why you believe it is illegal or against these terms. We review every report and decide on it promptly and objectively.

We use our own automated checks and review by our team to detect cheating and other breaches. If you break these terms, or we reasonably believe you have, we may, depending on how serious the breach is and whether it is repeated:

• Change your name or reset your avatar to a default one
• Remove Virtual Items or progress gained by cheating, collusion or an exploit, and void the results of the matches concerned
• Suspend your access to some or all of the Services
• Close your account

Unless the law prevents it or the breach puts other players at risk of harm, we will tell you what we have done and why, and you can ask us to review the decision by replying or by emailing support@dinkigames.com. A person on our team, not an automated system, will review it. This does not affect any other right you have to challenge the decision, including before the courts.

The Services

• An internet connection. Our online games need one. In our online multiplayer games, the result of every match, any Virtual Items at stake and your balance are decided by our servers, not by your device. You are responsible for any data charges from your mobile operator.
• Updates. We may update the Apps to fix problems, add or change features, or keep them secure, and you may need to install an update to keep playing online.
• Availability. We work to keep the Services running, but they may sometimes be unavailable, for example for maintenance or because of problems outside our control. We may change or stop offering any part of the Services. If we close an online game, we will give at least 30 days' notice in the App or on this website, unless we are not able to.

Advertising and Third-Party Services

Our free games are paid for by advertising. Advertisements are served by our partners, as described in our Privacy Policy. We do not control and are not responsible for the content of advertisements or for third-party websites, apps or services they or the Services link to. Your dealings with any advertiser are between you and that advertiser.

Ownership

The Services and everything in them, including the games, software, artwork, sounds, music, text, Virtual Items, and the Dinkigames and game names and logos, belong to Dinkigames or our licensors and are protected by intellectual property laws. Except for the licence in these terms, no rights are given to you.

If you send us ideas or feedback, we may use them without owing you anything.

Ending the Agreement

You can stop using the Services at any time. You can also delete your account in the App, or by asking us, as described under Account Deletion in our Privacy Policy.

We may suspend or end your access to the Services if you seriously or repeatedly break these terms, if we must do so by law, or if we stop offering the Services, as described above. The parts of these terms that by their nature should continue after the agreement ends, such as Ownership, Liability and Governing Law, will continue.

Warranties

We provide the Services free of charge and "as is". To the extent the law allows, we make no promise that they will be uninterrupted, error-free or suitable for any particular purpose, and we disclaim all warranties not expressly stated in these terms. If you are a consumer, you keep the legal rights you have under the law where you live, including any right to digital content and services that conform to what was promised.

Liability

To the extent the law allows, Dinkigames will not be liable for any indirect or consequential loss, for any loss of Virtual Items, progress or data, or for any loss that was not reasonably foreseeable when you started using the Services. Our total liability to you for anything arising from the Services is limited to the greater of the amount you paid us in the 12 months before the claim and USD 50.

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, for gross negligence or wilful misconduct, or for anything else that cannot be limited or excluded under the law that applies.

Apple App Store

If you downloaded an App from Apple's App Store, the following also applies and takes priority over anything else in these terms:

• These terms are between you and Dinkigames only, not Apple. Dinkigames, not Apple, is solely responsible for the App and its content.
• Your licence is to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions, except that it may also be accessed and used by other accounts associated with you through Family Sharing, volume purchasing or Legacy Contacts.
• Dinkigames, not Apple, is solely responsible for any maintenance and support for the App. Apple has no obligation to provide any.
• Dinkigames is responsible for any product warranty, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App. To the maximum extent permitted by law, Apple has no other warranty obligation for the App, and any other claims, losses, liabilities, damages, costs or expenses from any failure to conform to a warranty are Dinkigames' responsibility.
• Dinkigames, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• If a third party claims that the App or your possession and use of it infringes their intellectual property rights, Dinkigames, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
• You confirm that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must comply with any third-party terms that apply to you when using the App, such as your mobile data plan.
• Apple and its subsidiaries are third-party beneficiaries of these terms, and once you accept them, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

Questions, complaints or claims about an App can be sent to us at the address or email address in Contact.

Governing Law and Disputes

If you have a problem with the Services, please contact us first at support@dinkigames.com. Most problems can be solved quickly that way.

These terms are governed by the laws of Sri Lanka, and the courts of Colombo, Sri Lanka, have jurisdiction over any dispute arising from them or from the Services. If you are a consumer living in another country, you also keep the protection of the mandatory laws of that country, and you may bring a claim in the courts where you live if those laws allow you to.

Changes to These Terms

We may update these terms for a valid reason, such as a change to the Services, to the law or to the rules of the stores we publish on, or to protect players and the Services from misuse. We will post the new version on this page with its date. If a change materially affects your rights, or affects your use of the Services more than in a minor way, we will tell you in the App or on this website at least 30 days before it takes effect, unless the law or a security risk requires it sooner. If you do not agree with the new terms, you can stop using the Services and delete your account. If you keep using the Services after the change takes effect, the new terms apply.

General

• These terms, together with our Privacy Policy and any terms shown in an App for a particular feature, are the whole agreement between you and us about the Services.
• If any part of these terms is found to be invalid or unenforceable, the rest remains in effect.
• If we do not enforce a right straight away, we have not given it up.
• You may not transfer your rights under these terms to anyone else. We may transfer ours to another company that takes over a Service, provided your rights under these terms are not reduced.
• These terms are written in English. If they are translated, the English version applies where the two differ, unless the law requires otherwise.

Contact

Dinkigames (Pvt) Ltd
57 Maliththa Street Thisun, No. 2 Watabadda
Bandarawela 90100
Sri Lanka

Support, reports and decisions to review: support@dinkigames.com
General questions: info@dinkigames.com

The support address is also our single point of contact for authorities and users under the EU Digital Services Act, and can be written to in English.