Spiky Sweeper — Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Spiky Sweeper mobile application and related services (the "Service"), operated by PraserGames LLC. The Service is a competitive, asynchronous grid-logic puzzle game in which you play a pre-generated board and race against another player's recorded run.

Please read these Terms carefully. They include a binding arbitration agreement and a class-action waiver (Section 11) that affect your legal rights, and a limitation of our liability (Section 8).

1. Acceptance

These Terms and our Privacy Policy (incorporated by reference) take effect only when you explicitly accept them. Before you can play, the Service blocks access until you affirmatively accept the current Terms and Privacy Policy. By accepting, you confirm you have read and agree to be bound by them. If you do not accept, do not use the Service. When we revise the Terms, you must explicitly accept the revised version before you can continue (Section 13). Acceptance is always an affirmative action; it is never implied by your continued use.

You may use the Service with an anonymous, device-bound account. When you first play, we provision an anonymous account with an opaque identifier before you accept these Terms; that account holds no personal information (see the Privacy Policy).

2. Eligibility

You must be at least 18 years old to use the Service, and you represent and warrant that you are 18 or older. The Service is intended for adults and is not directed to anyone under 18; we do not knowingly permit its use by, or collect personal information from, anyone under 18. If you believe someone under 18 has provided us personal information, contact us and we will delete it.

3. License

Subject to these Terms, PraserGames grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Service on a device you own or control, solely for your personal, non-commercial entertainment. All rights not expressly granted are reserved.

You may not: copy, modify, or create derivative works of the Service; reverse engineer, decompile, or disassemble it except where that restriction is prohibited by law; rent, lease, lend, sell, redistribute, or sublicense it; remove any proprietary notices; or use it to build a competing product or for any commercial purpose.

4. Prohibited Conduct

You agree not to misuse the Service. You may not:

• violate any law, regulation, or third-party right;
• access or attempt to access another player's account, data, or replays without authorization;
• interfere with, disrupt, overload, or impair the Service, or circumvent any rate limits or access controls;
• use automated means (bots, scrapers, scripts) except as expressly permitted;
• upload malware or content that is unlawful, infringing, defamatory, harassing, hateful, or obscene;
• impersonate any person or entity, including through your display name; or
• use the Service to develop a competing product or for any commercial purpose.

4.1 Anti-Cheat and Competitive Integrity

The Service's rankings, ratings, and matchmaking depend on the integrity of recorded runs. You will not, and will not attempt to:

• fabricate, alter, tamper with, replace, or inject a recorded run ("replay") or any part of its input timeline, timestamps, result, or metadata;
• bypass, disable, or defeat the device-integrity attestation that verifies submissions come from a legitimate, unmodified app instance;
• modify the app, or run it in an emulated or rooted/jailbroken environment to evade integrity checks, or use any tool or modified client to gain a competitive advantage;
• manipulate ratings or leaderboard standings, including through coordinated play, multiple accounts, or result-submission abuse; or
• exceed or circumvent the per-player, per-board, and per-window submission rate limits.

We use automated integrity controls, including device-integrity attestation and server-side rate limiting, and may add server-side re-verification of submitted runs at any time. We may reject any submission that fails these controls, and any result, rating change, or leaderboard placement derived from a rejected, fabricated, or tampered submission may be reversed or removed. Violation of this Section is a material breach and may result in immediate suspension or permanent termination of your account under Section 12, with or without notice.

5. No Purchases

The Service is free. It contains no purchases, subscriptions, virtual currency, or paid features.

6. Intellectual Property

The Service — including its software, design, graphics, text, sounds, the Spiky Sweeper name, and logos — is owned by PraserGames or its licensors and is protected by intellectual-property laws. These Terms grant you no right to use PraserGames' trademarks, logos, or brand features without our prior written permission. Pre-generated boards, the catalogue, ratings, leaderboards, and the matchmaking system are proprietary to PraserGames. Section 14 governs content you contribute.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, PRASERGAMES DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT RATINGS, LEADERBOARDS, OR MATCHMAKING WILL BE FREE OF INACCURACY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME MAY NOT APPLY TO YOU.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PRASERGAMES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, PRASERGAMES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED US $100. THESE LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY, SO SOME OF THESE LIMITS MAY NOT APPLY TO YOU.

9. Indemnification

You agree to indemnify, defend, and hold harmless PraserGames and its officers, directors, employees, and agents from any third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law or third-party right; or (d) any content you submit, including replays and your display name.

10. Governing Law

These Terms and any dispute relating to them or the Service are governed by the laws of the State of New Jersey, United States, without regard to its conflict-of-laws rules. Subject to Section 11, the state and federal courts located in New Jersey have exclusive jurisdiction over any matter not subject to arbitration. If you are a consumer, this choice of law and forum does not deprive you of the protection of mandatory provisions of the law of your country or state of residence.

11. Dispute Resolution; Binding Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL.

Except as set out below, you and PraserGames agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable consumer arbitration rules, rather than in court. The arbitration will be conducted in English, and judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. You and PraserGames each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class or representative proceeding. The arbitrator may not consolidate more than one person's claims. If this class-action waiver is held unenforceable or invalid, then the entirety of this Section 11 (arbitration) is null and void, and disputes will instead be resolved in the courts identified in Section 10. This Section 11 is severable from the general severability rule in Section 15 — the arbitration agreement stands or falls with the class-action waiver, and is never read to permit class or representative arbitration.

30-day opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@prasergames.com with your account identifier and a clear statement that you wish to opt out. If you opt out, disputes are resolved in the courts identified in Section 10. Opting out has no effect on any other part of these Terms.

Exceptions. Either party may bring an individual action in small-claims court, and either party may seek injunctive or equitable relief in court to protect intellectual-property rights.

12. Termination and Service Changes

You may stop using the Service at any time and may delete your account from in-app settings; we fulfill deletion as described in our Privacy Policy.

We may suspend or terminate your access, or modify, suspend, or discontinue the Service or any part of it, at any time, with or without notice — including if we reasonably believe you have violated these Terms (such as Section 4 or 4.1), if required by law, or to protect the Service or other players. Where reasonably practicable, and except where immediate action is needed to address fraud, abuse, a security risk, or a legal obligation, we will give advance notice of a permanent discontinuation. On termination, your license ends and Section 15 (General) governs which provisions survive. PraserGames will not be liable for any modification, suspension, or discontinuation of the Service, except as required by law.

13. Changes to These Terms

We may modify these Terms. For material changes we will update the "Last updated" date and version above and give reasonable notice through the Service or by other means before they take effect, with a changelog. You must explicitly accept the revised Terms before you can continue; acceptance is an affirmative action and is never implied by continued use. If you do not accept, you cannot continue using the Service, and you may delete your account at any time from in-app settings.

14. Your Content

The Service records and stores content you create: replays — the recorded timeline of your interactions during a run, with timestamps, the board identifier, the result, and metadata — and your display name.

License to your content. You keep ownership of your content. By submitting it, you grant PraserGames a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, transmit, display, and otherwise use it as necessary to operate the Service. This includes serving your best ("canonical") replay to other players as an opponent run for the same board, and displaying your replays and display name within the Service. This license survives account deletion only to the extent content is retained under our Privacy Policy (for example, anonymized or de-identified data).

Display names. Your display name must be unique across the player base and must not be unlawful, infringing, impersonating, offensive, or otherwise in violation of Section 4. New accounts get a generated default you may edit; edits are rate-limited to discourage abuse. We may reclaim or require you to change a display name that violates these Terms.

Your responsibility. You are solely responsible for the content you submit and represent that you have all rights necessary to submit it and grant the license above, and that it violates no third-party right or these Terms.

15. General

Google Play. The Service is distributed through the Google Play Store, and your use is also subject to Google Play's terms and policies. Where these Terms conflict with the Google Play terms regarding your acquisition or use of the app through Google Play, the Google Play terms control for that subject matter. Google is not a party to these Terms and is not responsible for the Service.

Force majeure. PraserGames is not liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, or power, network, or third-party service failures.

Mandatory rights. Nothing in these Terms limits or waives any right or remedy you have under mandatory consumer-protection law that cannot be limited or waived by agreement. To the extent any provision conflicts with such a law, that provision does not apply to you, and the rest of these Terms stays in effect.

Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions stay in full force.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and PraserGames regarding the Service and supersede all prior agreements on that subject.

Waiver. No waiver is effective unless in writing and signed by PraserGames, and our failure to enforce any provision is not a waiver of it.

Assignment. You may not assign these Terms without our prior written consent, and any attempted assignment in violation of this is void. PraserGames may assign these Terms without restriction, including in a merger, acquisition, or sale of assets.

Survival. Provisions that by their nature should survive termination will, including Sections 6, 7, 8, 9, 10, 11, 14, and this Section 15.

16. Copyright Complaints

If you believe content on the Service infringes your copyright, email support@prasergames.com with enough detail to identify the work and the allegedly infringing material, your contact information, and a good-faith statement of your claim. We may remove allegedly infringing content and terminate repeat infringers.

17. Contact

Questions about these Terms, account-deletion requests, arbitration opt-out notices, and copyright complaints go to PraserGames LLC at support@prasergames.com. We may give you notices through the Service, by email, or by other reasonable means.

Changelog