Terms of Service
The short version
- Play the game, have fun, don't try to break it or cheat it.
- Energy, coins and cosmetic items are game features, not property, and have no cash value.
- Purchases go through Apple. Refunds are requested from Apple, not from us.
- This agreement is between you and us, not Apple. Apple is not responsible for the game.
1. Agreement
These Terms of Service ("Terms") are a legal agreement between you and Hillel Ilany Freedman ("we", "us", "our") governing your use of the Mochi Mash mobile game and any updates to it (together, the "App"). By downloading, installing or using the App you agree to these Terms. If you do not agree, do not use the App and delete it from your device.
These Terms are the end user licence agreement for the App. They are concluded between you and us only. Apple Inc. is not a party to these Terms and is not responsible for the App or its content.
2. Eligibility and children
The App is rated 4+ and is intended for a general audience. If you are a minor in your country of residence, you may use the App only with the knowledge and consent of a parent or legal guardian, and that parent or guardian accepts these Terms on your behalf and is responsible for your use of the App, including any purchases.
Parents and guardians can disable in-app purchases entirely through Settings → Screen Time → Content & Privacy Restrictions on the device.
3. Licence
We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. This licence is for your own personal, non-commercial entertainment.
You may not:
- copy, modify, translate or create derivative works of the App, except as permitted by law;
- reverse engineer, decompile or disassemble the App, except to the extent that this restriction is prohibited by applicable law;
- rent, lease, lend, sell, sublicense or distribute the App;
- remove, obscure or alter any copyright, trademark or other proprietary notice;
- use cheats, automation software, bots, modified clients, memory editors or any other method to manipulate game state, scores, energy, coins or purchases;
- attempt to interfere with, disrupt or gain unauthorised access to the App or the services it relies on, including the advertising services described in section 6;
- use the App in any way that violates applicable law.
4. Virtual items
The App contains virtual items, including energy, coins, cosmetic skins, pop trails and pets ("Virtual Items"). You should understand the following before purchasing anything:
- Virtual Items are a licensed feature of the App. You do not own them. They are not your property and confer no title or ownership interest.
- Virtual Items have no monetary value. They cannot be redeemed for cash or anything of value outside the App.
- Virtual Items cannot be sold, traded, gifted, transferred to another person or to another device other than through the restore mechanism described in section 5.
- Virtual Items are stored on your device. If you delete the App, reset your device or lose your device, unconsumed energy, coins and any progress may be permanently lost. Consumable purchases cannot be restored.
- We may change, rebalance, add, or remove Virtual Items, prices, energy costs and reward rates in future versions of the App, in order to keep the game balanced and playable.
5. Purchases and refunds
The App offers optional in-app purchases. All purchases are processed by Apple through the App Store and are subject to the Apple Media Services Terms and Conditions. Prices are shown in your local currency before you confirm and may vary by territory.
Consumable purchases
The energy packs (500, 1,200 and 2,600 energy) are consumable. They are credited to your balance once, are consumed as you play, and cannot be restored on a new device or after reinstalling the App.
Non-consumable purchases
"No Ads Forever" is non-consumable. It is tied to your Apple Account and can be restored at any time using the Restore Purchase button on the No Ads screen. It is enabled for Family Sharing.
Refunds
We are not able to issue refunds directly, because we never receive your payment. All refund requests are handled by Apple under Apple's policies. You can request a refund at reportaproblem.apple.com. Nothing in this section limits any non-waivable statutory right of withdrawal or refund you may have under consumer law in your country.
6. Advertising
The App is free to download and is funded in part by advertising supplied by Google AdMob. Ads may appear between levels, and you may optionally choose to watch a rewarded video in exchange for energy. Advertising is configured as non-personalized and child-directed, and is limited to General-audience ad content; see our Privacy Policy for details.
Advertisements are supplied by third parties. We do not create, control, endorse or guarantee the content of any advertisement, and we are not responsible for the products, services or websites they promote. If you see an ad that you believe is inappropriate for a general audience, please report it to us at hillelilanyfreedman@gmail.com with a screenshot, and we will pass it to our ad provider.
Purchasing "No Ads Forever" permanently removes interstitial advertising from the App.
7. Intellectual property
The App and everything in it — including its code, artwork, characters, sounds, music, level design, name and logo — is owned by us or our licensors and is protected by copyright, trademark and other laws. Except for the licence granted in section 3, no rights are granted to you.
8. Updates and availability
We may release updates that change, add or remove features. Some updates may be required for the App to continue working correctly. We may also, at our discretion, stop distributing or supporting the App at any time. The App is provided as-is and we do not guarantee uninterrupted availability.
9. Maintenance and support
We are solely responsible for providing any maintenance and support for the App. Apple has no obligation whatsoever to furnish any maintenance or support services for the App. For support, contact hillelilanyfreedman@gmail.com.
10. Warranty
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT PROGRESS AND VIRTUAL ITEMS WILL NEVER BE LOST.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. You may have statutory rights as a consumer that cannot be excluded, and nothing here limits them.
In the event of any failure of the App 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 applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROGRESS, VIRTUAL ITEMS, PROFITS OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE APP. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP AND ITS IN-APP PURCHASES IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) USD 50.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be excluded.
12. Product claims
We, and not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation.
13. Intellectual property claims
In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, we, and not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
14. Legal compliance
You represent and warrant 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.
15. Third-party terms and beneficiaries
You must comply with any applicable third-party terms of service when using the App, including the Apple Media Services Terms and Conditions.
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
16. Termination
You may terminate these Terms at any time by deleting the App from your device. We may suspend or terminate your licence if you materially breach these Terms, in particular section 3. On termination, the licence granted in section 3 ends and you must stop using the App. Sections 4, 7, 10, 11, 12, 13, 15 and 17 survive termination.
17. Governing law
These Terms are governed by the laws of the State of Israel, without regard to its conflict of law rules, and the competent courts of Tel Aviv-Yafo, Israel will have exclusive jurisdiction over any dispute arising out of them. If you are a consumer resident in the European Union, the United Kingdom or another jurisdiction whose law grants you the protection of mandatory local consumer rules, nothing in this section deprives you of those protections or of the right to bring proceedings in the courts of your place of residence.
18. General
If any provision of these Terms is found unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver of it. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the App. You may not assign these Terms; we may assign them in connection with a transfer of the App.
19. Changes to these Terms
We may update these Terms from time to time. We will update the "Last updated" date above, and material changes will be noted in the App's release notes. Continuing to use the App after a change takes effect means you accept the revised Terms.
20. Contact
Hillel Ilany Freedman
hillelilanyfreedman@gmail.com