Terms of Service

1. Agreement and Scope

These Terms of Service (“Terms”) form a binding agreement between you and Avanta Innovations Corporation (“Avanta,” “we,” “us,” or “our”), acting through its Avanta Games division, governing your download and use of our mobile games, any accounts, online features, virtual items, or in-app purchases within them, and the Avanta Games pages of our website (together, the “Games”).

Our Games differ from one another. Some are offline single-player titles; others offer accounts, saved progress across devices, online play, or features that let players interact. Provisions below introduced by “where a Game offers…” apply only to the Games that actually include that capability. A particular Game may also carry supplemental terms shown in the Game itself; where those conflict with these Terms, the supplemental terms govern for that Game.

These Terms apply only to the Games. They do not govern Avanta Build, our construction platform, which has its own Terms of Service. An account or entitlement in one gives you no rights in the other.

By downloading, installing, or playing a Game, you agree to these Terms and to the Avanta Games Privacy Policy. If you do not agree, do not install or play the Games.

2. Who May Play; Parents and Guardians

Our Games are made for a general audience and are suitable for children. However, a binding contract cannot be formed by a minor. If you are under 18, or under the age of legal majority where you live, you may play only if your parent or legal guardian has read and accepted these Terms on your behalf and supervises your use of the Games.

Parents and guardians: by permitting a child to play, you accept these Terms on their behalf and are responsible for their use of the Games and for any purchases made from your device or store account, including purchases made by the child. We strongly encourage you to enable Apple's Ask to Buy or Google Play's purchase-approval controls and to require authentication for every purchase.

Where a Game offers features that collect a child's personal information, we will seek verifiable parental consent before those features are enabled, as described in section 6 of our Privacy Policy. Consent can be withdrawn at any time, which may disable the feature.

3. Licence to Play

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and play one copy of each Game on a device you own or control, for your personal, non-commercial entertainment. This licence is granted, not sold; we and our licensors retain all other rights.

Where a Game is obtained through an app store, this licence is further limited by that store's usage rules, including any rules on family sharing across devices in your household.

4. Accounts (Where a Game Offers Them)

Many of our Games need no account at all. Where a Game does offer one — typically to sync progress across devices or to play with other people — the following applies:

• Accuracy and security. Provide accurate information, keep your credentials confidential, and tell us promptly of any unauthorised use. You are responsible for activity under your account.
• One person, one account. Accounts are personal to you. Do not share, sell, transfer, or buy accounts, and do not create accounts by automated means.
• Children's accounts. Where a player is a child, the account is established with parental consent and the parent may access, correct, or delete it at any time.
• Display names. Choose a name that is not offensive, not impersonating someone, and not your or anyone's real-world personal information. We may change or reclaim names that breach this.
• Suspension and termination. We may suspend or terminate an account for breach of these Terms, for cheating, for conduct that endangers other players, or where required by law. Where it is reasonable and lawful to do so, we will tell you why and give you a way to respond.
• Closing your account. You may close your account at any time from within the Game or by contacting us. Closing it deletes the associated cloud saves and forfeits unused virtual items, which are not refundable.

5. Online Features and Availability

Where a Game offers online features, they depend on servers and on your own network connection. We do not promise that online features will be uninterrupted, error-free, or available in every country, and we may impose reasonable limits to keep them working for everyone.

We may modify, suspend, or discontinue online features for a Game. Where we plan to retire the online features of a Game permanently, we will give reasonable advance notice in the Game or on this website where practicable, and we will stop selling virtual items that depend on those features before they are withdrawn. Offline portions of a Game already installed on your device will generally continue to work.

6. Purchases and Virtual Items

• Optional by design. Every Game can be completed without spending money. In-app purchases are conveniences and cosmetics, never a requirement to finish a Game.
• Billing runs through the stores. All purchases are made through Apple's App Store or Google Play and charged to your store account under that store's terms. We do not process payments and never receive your card details.
• Prices and taxes. Prices are shown before you confirm and may vary by country and over time. Applicable taxes are handled by the store.
• Virtual items are licensed, not owned. Coins, gems, levels, characters, power-ups, ad removal, and similar in-game items are a limited licence to use them inside the Game. They are not your property, have no monetary value, are not redeemable for cash, and cannot be sold, gifted, traded, or transferred outside the Game.
• Consumable items are gone once used and cannot be restored. Non-consumable items can generally be restored through the store's Restore Purchases function on the same store account, and — where a Game has accounts — entitlements follow the account.
• Unauthorised purchases. You are responsible for purchases made through your store account, including by a child using your device. Store-level parental controls are the effective way to prevent this.

7. Refunds

We cannot issue refunds, because we never receive your payment. All refunds are handled by the store that processed the transaction, under that store's refund policy:

• Apple App Store: request a refund at reportaproblem.apple.com.
• Google Play: request a refund through your Google Play order history or Google Play support.

Except where a refund is required by law or granted by the store, purchases are final and virtual items are non-refundable. Nothing in these Terms limits any statutory consumer right you have, including rights under the Philippine Consumer Act or comparable law where you live.

8. Advertising

Our Games are supported in part by third-party advertising. Ads are contextual only and are not personalised — section 5 of our Privacy Policy sets out exactly how we constrain them. Where a Game offers a paid ad-removal item, buying it removes ads in that Game on that store account.

We do not endorse advertised products and are not responsible for third-party goods, services, or destinations reached through an advertisement. Interfering with ad delivery — by blocking, spoofing, or automating ad views — breaches section 10.

9. Saved Progress

On your device. Games store progress in local storage. Unless a Game offers cloud saves and you have enabled them, that progress exists only on your device: it will be permanently lost if you uninstall the Game, clear its data, reset the device, or lose or replace the device, and we cannot restore it because we never had a copy. Any operating-system-level backup that captures app data belongs to Apple or Google, not to us, and we make no promise it will preserve or restore anything.

In the cloud. Where a Game offers saved progress across devices, we make reasonable efforts to keep it safe and available, but it is not a backup service. Saves can be lost through technical failure, sync conflicts between devices, or account closure, and we do not guarantee their preservation. We recommend against relying on any single copy of anything you would be upset to lose.

10. Fair Play and Acceptable Use

You agree not to:

• Modify, hack, or tamper with a Game, its saved data, its network traffic, or its purchase verification, or use cheats, bots, macros, exploits, or unauthorised third-party software to alter gameplay or obtain items without paying;
• Reverse engineer, decompile, or disassemble a Game, except to the extent applicable law expressly permits despite this restriction;
• Copy, redistribute, republish, sell, rent, sublicense, or make a Game available to others, including by repackaging it or hosting the installer;
• Extract, reuse, or create derivative works from a Game's art, audio, code, or characters, other than as permitted in section 12;
• Interfere with online features, servers, or other players' enjoyment, including by denial-of-service attacks, exploiting bugs, deliberately disconnecting to affect results, or manipulating leaderboards;
• Access another player's account, or collect other players' information;
• Use a Game in violation of any law or of the usage rules of the app store it came from.

Where a Game has accounts or online features, we may respond to a breach by removing ill-gotten items, resetting scores, restricting access to online features, or suspending or terminating the account. For offline Games our remedies are withdrawing the licence in section 3, technical measures in the Game, reporting the matter to the app store, and legal action.

11. Player Conduct and Content (Where a Game Offers Social Features)

Where a Game lets you communicate with other players or share content — a display name, an avatar, a message, a custom level (“Player Content”) — the following applies.

Your responsibility. You are responsible for your Player Content and must have the rights to share it. Do not post anything unlawful, hateful, harassing, sexual, violent, deceptive, or otherwise inappropriate for an audience that includes children; do not impersonate anyone; do not advertise or solicit; and do not share personal contact information — yours or anyone else's.

Child safety. Any conduct that sexualises, grooms, endangers, or targets a child is prohibited absolutely. We will remove it, terminate the account, and report it to law enforcement and the relevant authorities.

Licence to us. You keep ownership of your Player Content and grant Avanta a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, display, and distribute it as needed to operate, moderate, and secure the Game in which you shared it.

Moderation. We may review, filter, refuse, remove, or restrict Player Content, and we provide reporting and blocking tools. We are not obliged to monitor everything and do not guarantee that every breach will be caught, but we act on reports. Report a problem to admin@avanta.com.ph.

12. Intellectual Property

The Games, including all software, artwork, characters, music, sound, text, designs, logos, and trademarks, are owned by Avanta or its licensors and protected by intellectual property law. Except for the limited licence in section 3, no rights are granted to you by implication, estoppel, or otherwise.

Streaming and video. You may capture, stream, and publish gameplay footage of our Games, including on monetised channels, provided you do not present it as an official Avanta production, do not use our logos or branding as your own, and do not distribute the Game or its assets. We may withdraw this permission at any time.

Feedback. If you send us suggestions or ideas, you grant Avanta a perpetual, irrevocable, worldwide, royalty-free licence to use them for any purpose without obligation or compensation to you.

13. Updates, Changes, and Discontinuation

We may update a Game to fix defects, improve balance, or add or remove features, and your device may install those updates automatically. We may also stop offering a Game, remove it from the app stores, or end support for older devices or operating system versions. Section 5 covers the retirement of online features specifically.

If we discontinue a Game, we are not obliged to refund purchases already made, except where required by law.

14. App Store Terms

Your use of a Game obtained through an app store is also subject to that store's terms. The following apply specifically to Games downloaded from the Apple App Store, and comparable principles apply to Google Play:

• These Terms are between you and Avanta only, and not with Apple. Avanta, not Apple, is solely responsible for the Games and their content.
• Apple has no obligation to provide any maintenance or support for the Games.
• If a Game fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price of the Game to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Games.
• Avanta, not Apple, is responsible for addressing any claims relating to the Games, including product liability claims, claims that a Game fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• Avanta, not Apple, is responsible for the investigation, defence, settlement, and discharge of any third-party claim that a Game infringes that party's intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.

15. Disclaimers

EXCEPT AS EXPRESSLY STATED, THE GAMES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. AVANTA AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE GAMES OR THEIR ONLINE FEATURES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT ONLINE FEATURES WILL REMAIN AVAILABLE, OR THAT GAME PROGRESS WILL BE PRESERVED.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you, and nothing here limits statutory consumer guarantees that cannot be excluded by contract.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVANTA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GAME PROGRESS, ACCOUNTS, OR VIRTUAL ITEMS, ARISING OUT OF OR RELATED TO THE GAMES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE GAMES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE GAME AND ITS IN-APP PURCHASES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) TWENTY U.S. DOLLARS (USD 20).

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be excluded.

17. Indemnification

You agree to defend, indemnify, and hold harmless Avanta and its affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your use of the Games, your Player Content, or your breach of these Terms. If you are a parent or guardian accepting these Terms on behalf of a child, this applies to that child's use as well.

18. Governing Law and Disputes

These Terms are governed by the laws of the Republic of the Philippines, without regard to its conflict of laws principles. The courts located in Cebu City, Philippines will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Games, except that either party may seek injunctive relief in any court of competent jurisdiction. If you are a consumer resident elsewhere, this does not deprive you of the protection of mandatory consumer law in your country of residence.

Before filing a claim, we ask that you contact us at admin@avanta.com.ph so we can try to resolve the matter informally.

19. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date above and, where appropriate, give notice in the Game. Continuing to play after the changes take effect constitutes acceptance of the updated Terms. If you do not accept them, stop playing and uninstall the Games.

20. Miscellaneous

• Entire agreement. These Terms, any supplemental terms for a specific Game, and the Privacy Policy are the entire agreement between you and Avanta regarding the Games.
• Severability. If a provision is found unenforceable, the remaining provisions stay in force.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Survival. Sections on ownership, disclaimers, limitation of liability, indemnification, and governing law survive any termination of these Terms.

21. Contact

Questions about these Terms? Contact us:

• Avanta Games, a division of Avanta Innovations Corporation
• Cebu, Philippines
• Email: admin@avanta.com.ph