Terms and Conditions

1. Scope and who we are

These Terms and Conditions (“Terms”) govern your use of the website playmudlings.com and of the Mudlings: 2 Player War mobile app (the “App”), operated by Bytes & Pixels GmbH, Gröbenzeller Str. 40, 80997 München, Deutschland (“we”, “us”), registered at Amtsgericht München under HRB 259197.

By using the website or the App you accept these Terms. If you do not accept them, please do not use the website or the App. Where the Apple App Store, Google Play or a payment provider imposes its own terms on a purchase, those terms apply to that purchase in addition to these.

2. The service

Mudlings is a two-player game: two people share one device and battle each other on a single screen.

With Mudlings: 2 Player War you can:

• play head-to-head on one phone or tablet — no second device needed
• unlock characters and arenas as you play
• play entirely offline, with no account and no internet connection
• keep a local record of your matches

The App is free to download. Where it offers paid features, they are described in the section on paid features below.

3. Virtual items have no monetary value

Characters, arenas and any other in-game item are a licence to use them inside the game. They have no monetary value, cannot be exchanged for cash and cannot be transferred outside the game.

As the game develops we may rebalance, change or remove items. If we discontinue the game we are not obliged to compensate you for items you have not used.

4. Play responsibly

Take a break regularly and keep the volume at a comfortable level.

A very small number of people can experience seizures when exposed to flashing lights or patterns, including while playing video games. If you or anyone in your family has had epileptic symptoms, consult a doctor before playing. Stop playing immediately and see a doctor if you feel dizzy or disoriented, or notice altered vision or involuntary movements.

5. Eligibility and age

You must be at least 13 years old to use the App. If you are under 18, you may use it only with the permission of a parent or guardian, who accepts these Terms on your behalf. Where we process personal data on the basis of consent, users under 16 in the EU additionally need the consent of a parent or guardian (Art. 8 GDPR).

By using the App you confirm that you meet the age requirement and that your use complies with the law where you live. We may suspend accounts we reasonably believe belong to underage users.

6. Paid features

Paying unlocks additional characters, arenas and game modes. The price and what is included are shown before you buy, and you only pay after you confirm the purchase.

All payments are final and non-refundable, unless otherwise required by law or stated below.

Purchases made inside the App are one-off and are sold and billed by Apple or Google through your App Store or Google Play account, under their terms — we never receive your payment details. What you buy stays tied to that store account, so you can restore it on another device through the store; there is nothing to cancel.

Refunds for purchases made through the Apple App Store or Google Play are handled by Apple or Google under their own refund policies.

7. Availability and changes to the service

We may add, change or remove features, and we may discontinue the website or the App altogether. We aim for high availability but cannot promise uninterrupted access: maintenance, store review, third-party outages and network problems can interrupt it.

Some features need an internet connection, a supported operating system version and enough storage on your device. We may stop supporting older operating system versions.

8. Acceptable use

You agree not to:

• use the website or the App unlawfully or for a purpose it is not intended for;
• disrupt, overload or interfere with its operation or security;
• copy, scrape or systematically extract its content or data, except as permitted by mandatory law;
• reverse-engineer, decompile or attempt to derive the source code, except to the extent this cannot be excluded by law;
• circumvent access restrictions, paywalls or usage limits, or share paid access with others; or
• provide false information or impersonate someone else.

9. Intellectual property

All content on this website — texts, images, logos and the Mudlings brand — is protected by copyright and trademark law. Any use beyond viewing the website requires our prior written consent.

The App is licensed to you, not sold. We grant you a personal, non-transferable, revocable licence to install and use it on devices you own or control, for private, non-commercial purposes, for as long as you comply with these Terms.

10. Third-party services and links

The website and the App link to or integrate services operated by third parties, such as the Apple App Store, Google Play and payment providers. We do not control their content and accept no liability for it. Their terms and privacy policies apply to your use of them.

11. Warranty and your statutory rights

Your statutory rights as a consumer, including the rights for digital products under §§ 327 ff. BGB, remain unaffected by these Terms.

Beyond those rights, the website and the free parts of the App are provided as they are. We do not warrant that they will be error-free, uninterrupted, or fit for a purpose you have in mind, and we do not warrant that the information displayed is complete or up to date.

12. Liability

We are liable without limitation for intent and gross negligence, and under the German Product Liability Act. In the event of slight negligence, we are only liable for damages arising from injury to life, body or health, or from the breach of essential contractual obligations (obligations whose fulfilment makes proper performance possible in the first place and on whose observance you may regularly rely), in which case liability is limited to the foreseeable damage typical for this kind of contract. Any further liability is excluded.

13. Indemnity

If a third party brings a claim against us because you used the App or the website in breach of these Terms or unlawfully, you will indemnify us against that claim and the reasonable costs of legal defence — unless you are not responsible for the breach. We will tell you about the claim without undue delay and give you the opportunity to comment before we settle it.

14. Term and termination

You may stop using the App at any time and delete it from your device. We may terminate this agreement with reasonable notice, or without notice if you materially breach these Terms. Paid access ends as described in the section on paid features; sections that by their nature should survive termination (such as liability and governing law) continue to apply.

15. Additional terms for the Apple App Store

These Terms are concluded between you and Bytes & Pixels GmbH only, not with Apple. Apple is not responsible for the App or its content and has no obligation to provide any maintenance or support for it.

If the App does not conform to an applicable warranty, you may notify Apple and Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation. We, not Apple, are responsible for addressing any claim relating to the App, including product liability, regulatory and intellectual-property claims.

You confirm that you are not located in a country subject to a US Government embargo and that you are not listed on any US Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

16. Changes to these Terms

We may amend these Terms when we change the service or when the legal or technical situation requires it. We will announce material changes at least 30 days before they take effect, by e-mail or in the App. If you do not agree, you may stop using the service and cancel any paid access before the change takes effect; if you continue to use the service afterwards, the new version applies. Changes that are purely to your advantage or required by law may take effect immediately. The current version is always available at https://playmudlings.com/terms.

17. Governing law and dispute resolution

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice does not deprive you of the protection of the mandatory provisions of the law of the country in which you have your habitual residence.

If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Munich, Germany. The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

18. Contact

Bytes & Pixels GmbH
Gröbenzeller Str. 40, 80997 München, Deutschland
Legal notices: kontakt@bytes-and-pixels.de
Support: ben@bytes-and-pixels.de