Terms of Service
Last Updated: February 23, 2025
1. Acceptance of Terms
By downloading, installing, accessing, or using the PopSpinz mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App. These Terms constitute a legally binding agreement between you and Tomaya Group ("Company," "we," "our," or "us").
2. Eligibility
- You must be at least 18 years of age to use PopSpinz.
- By using the App, you represent and warrant that you are at least 18 years old.
- If you are accessing the App from a jurisdiction where the minimum age is higher than 18, you must meet that minimum age requirement.
- We reserve the right to request proof of age at any time and to suspend or terminate accounts that violate this requirement.
3. Nature of the Game
- PopSpinz is a social casino game for entertainment purposes only.
- The game does not offer real money gambling, betting, or wagering of any kind.
- Credits within the game have no real-world monetary value.
- Credits cannot be exchanged, transferred, or redeemed for real money, goods, or services.
- Playing PopSpinz does not constitute gambling under any applicable law.
- Success in the game does not guarantee success in any real money gambling activity.
4. Account Registration
- You may create an account using email, Apple Sign-In, or other supported authentication methods.
- You are responsible for maintaining the confidentiality of your account credentials.
- You agree to provide accurate and complete information during registration.
- You are responsible for all activities that occur under your account.
- You must notify us immediately of any unauthorized use of your account.
- One account per person is permitted. Multiple accounts may result in suspension or termination.
5. Virtual Credits and In-App Purchases
Credits
- Credits are virtual items with no real-world value.
- Credits are licensed to you, not sold, and remain our property.
- Credits cannot be transferred between accounts.
- Credits cannot be exchanged for real currency or any item of monetary value.
- We may adjust credit balances at our discretion for promotional or corrective purposes.
Purchases
- In-app purchases are processed through the Apple App Store.
- All purchases are final and non-refundable except as required by applicable law.
- Prices are subject to change without notice.
- You are responsible for all charges incurred on your App Store account.
- Refund requests should be directed to Apple through their standard refund process.
6. Free Credits and Promotions
- We may offer free credits through daily bonuses, promotions, or special events.
- Free credit offers are subject to change or discontinuation at any time.
- Abuse of promotional systems may result in account suspension.
- Promotional credits may have different terms and expiration periods.
7. Tournaments
- PopSpinz offers tournament features where players compete for in-game credits.
- Tournament rules, schedules, and prize structures are determined by us and may change.
- Tournament prizes are awarded in virtual credits only and have no real-world value.
- We reserve the right to modify, suspend, or cancel any tournament at any time.
- Cheating or exploiting bugs in tournaments will result in disqualification and potential account termination.
- Tournament rankings and results are final once posted.
8. Leaderboards and Social Features
- Your display name, avatar, country, and game statistics may be visible to other players.
- Leaderboard rankings are based on in-game performance metrics.
- We reserve the right to remove any player from leaderboards for Terms violations.
- You are responsible for choosing an appropriate display name that does not violate these Terms.
9. Store and Virtual Items
- The in-game store offers virtual items including characters, clothing, accessories, and other customization options.
- Virtual items are licensed, not sold, and remain our property.
- Virtual items have no real-world value and cannot be transferred or traded.
- We may modify, remove, or add virtual items at any time.
- Limited edition items may be available for a restricted time and may not return.
10. User Conduct
You agree not to:
- Use the App for any illegal purpose or in violation of any applicable laws.
- Attempt to hack, reverse engineer, decompile, or exploit the App.
- Use automated tools, bots, scripts, or cheats to gain unfair advantages.
- Harass, threaten, or abuse other players.
- Use offensive, discriminatory, or inappropriate display names or content.
- Create multiple accounts to exploit promotions or circumvent bans.
- Attempt to buy, sell, or trade accounts or virtual items outside the App.
- Interfere with the proper functioning of the App or its servers.
- Exploit bugs or glitches instead of reporting them.
11. VIP and Tier System
- PopSpinz may offer VIP tiers or loyalty programs based on gameplay activity.
- VIP benefits, requirements, and tier structures may change at any time.
- VIP status and associated benefits are non-transferable.
- We reserve the right to modify or discontinue the VIP program.
12. Intellectual Property
- All content in PopSpinz, including but not limited to graphics, animations, sounds, music, text, characters, and game mechanics, is owned by or licensed to Tomaya Group.
- You may not reproduce, distribute, modify, or create derivative works from any App content.
- The PopSpinz name, logo, and branding are trademarks of Tomaya Group.
- User-generated content (such as display names) must not infringe on any third-party intellectual property rights.
13. Privacy
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to our data practices as described in the Privacy Policy.
14. Account Suspension and Termination
We may suspend or terminate your account if:
- You violate any provision of these Terms.
- You engage in cheating, hacking, or exploiting the App.
- You engage in abusive behavior toward other players.
- Your account is involved in fraudulent activity.
- Required by law or legal process.
Upon termination, you lose access to all virtual items, credits, and account data. No refunds will be issued for any purchased credits or items upon termination for cause.
15. Disclaimers
- The App is provided "as is" and "as available" without warranties of any kind.
- We do not guarantee uninterrupted or error-free service.
- We are not responsible for any loss of credits, progress, or virtual items due to technical issues.
- Game outcomes are determined by random number generation and are not predictable or manipulable.
- We make no representations about the suitability of the App for any purpose.
16. Limitation of Liability
To the maximum extent permitted by applicable law:
- Tomaya Group shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
- Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.
- We are not liable for any loss of virtual credits, items, or game progress.
- We are not liable for any actions or content of third-party service providers.
17. Indemnification
You agree to indemnify and hold harmless Tomaya Group, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the App, violation of these Terms, or infringement of any rights of another party.
18. Modifications to the App
- We may update, modify, or discontinue any feature of the App at any time.
- We may perform maintenance that temporarily limits access to the App.
- We are not obligated to maintain or support older versions of the App.
- Game mechanics, odds, payouts, and features may be adjusted at any time.
19. Changes to Terms
- We may update these Terms at any time.
- We will notify you of significant changes through the App or by updating the "Last Updated" date.
- Continued use of the App after changes constitutes acceptance of the revised Terms.
- If you do not agree to updated Terms, you must stop using the App.
20. Governing Law
These Terms shall be governed by and construed in accordance with applicable laws. Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration or in the courts of competent jurisdiction, as determined by the applicable laws of the jurisdiction in which Tomaya Group operates.
21. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
22. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on the App, constitute the entire agreement between you and Tomaya Group regarding your use of PopSpinz.
23. Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Tomaya Group.
24. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
25. Force Majeure
We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, strikes, government actions, internet or infrastructure failures, or epidemics.
26. Third-Party Services
The App may contain links to or integrations with third-party services. We are not responsible for the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk and subject to their respective terms and conditions.
27. Feedback
Any feedback, suggestions, or ideas you provide about the App may be used by us without any obligation to compensate you. By submitting feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback.
28. Contact Information
If you have any questions about these Terms of Service, please contact us:
Company: Tomaya Group
Email: info@tomayagroup.com
Privacy Inquiries: popspinz.privacy@gmail.com
Website: popspinz.com/contact
Acknowledgment
By using PopSpinz, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You confirm that you are at least 18 years of age and understand that PopSpinz is a social casino game for entertainment purposes only, with no real money gambling involved.
PopSpinz - Where Every Spin Pops!
For entertainment purposes only. 18+ only. Credits have no cash value.