TERMS OF USE

Last updated: November 19th, 2023

These Terms of Use, together with our Privacy Policy and all supplemental terms and other documents referenced in these terms (together, the Terms) govern your downloading and/or use of our Games (defined below), applications Virtual Items (including virtual currencies), User Generated Content, websites and any other services made available by use from time to time (together, the Services). 

PLEASE READ THESE TERMS CAREFULLY. These Terms form a legally binding contract between you and us. By accessing or using any of our Services, you accept and agree to these Terms. If you do not agree to these Terms, please do not purchase, access or use any of our Services. 

Games means any games developed or made available by us, whether existing now or in the future including but not limited to Horse Racing Solitaire. 

1 About you

1.1 By using our Services, you agree that you are at least 18 years of age, or if you are younger than 18 years of age, that you have reviewed these Terms with your parent(s) or guardian(s) and they have agreed to these Terms on your behalf and take full responsibility for your compliance with them. If we are informed by a parent/guardian that their child has misrepresented their age when registering and/or using our Services, we will Stop the Account (as defined below) provided we have information which satisfies us that the reporting person is indeed the parent or guardian of that child. You also represent that you are at least the minimum age to consent to data processing under the laws of your jurisdiction (e.g. 13 years old in the United States and 16 years old in some EU jurisdictions) and are not barred from accessing the Services under applicable law.

1.2 A summary of these Terms, specifically written for young people (below the age of 18) is available here.

1.3 Where an applicable age rating body (e.g. PEGI, ESRB) or platform (e.g. iOS or Android) classifies a particular Game as suitable to be played only by users of a specified age then, in such circumstances, users below this classified age shall not be entitled to play, use or access the particular Game until they have reached the specified age classification.

1.4 If you access our Services through a third-party platform or site, you may be required to comply with their policies in addition to these Terms.

1.5 FOR PARENTS/GUARDIANS. We recommend that you familiarise yourself with any parental controls available on the devices and platforms on which our Games our offered. These controls may be used to limit the amount of time and money spent on the Game and manage features such as user-to-user messaging. To find out more about parental controls, in most cases the manufacturer of the relevant device and the provider of the platform will include further guidance on their respective websites. For further information, please also visit https://www.askaboutgames.com/get-smart-about-play/.


2 About us


2.1 We are Salto Games Ltd, a company registered in England and Wales under company number 15118391, and whose registered office is Treviot House, 186-192 High Road, Ilford, Essex, United Kingdom, IG1 1LR.  In these Terms, we will refer to ourselves as we, us, our or Salto Games.

2.2 You can contact us at support@salto.games.

3 Changes to these Terms


3.1 We may make changes to these Terms from time to time, for example to ensure that we remain compliant with applicable laws or to reflect any changes we make to our Services. The updated Terms will be posted on our website. We may also notify you when we make material changes to these Terms via our in-game communications, email or otherwise. It is your responsibility to ensure that you check these Terms regularly for any changes before using our Services. Your continued use of our Services will be deemed as acceptance of any changes we make to these Terms from time to time. 


4 Licence


4.1 We own, or are otherwise permitted by third parties to use, all the intellectual property rights in our Services. By agreeing to and complying with these Terms, we grant you a personal, limited, non-transferable, non-sub-licensable, revocable and non-exclusive licence to use our Services for your own personal and non-commercial use. 


4.2 Where we provide you with access to one or more of our Games, the licence granted to you under these Terms is limited to the installation of a single copy of the Game. You are prohibited from making copies of our Games, except for the sole purpose of playing and/or installing the Game or as permitted by law. You may not make our Games available on a network or otherwise where it could be accessed by other users. 


4.3 You acknowledge that all intellectual property and other rights in the Services are solely our property, and you have no ownership, title, or other proprietary interest in and to the Services, regardless of whether you acquired and/or purchased any of the Services. We may suspend or terminate your licence to use (and you will not be permitted to use) our Services if you breach these Terms.


5 Your Account


5.1 You may be required to make an account with us (Account) and/or with the third-party platform (e.g. Apple or Google) or site operator where you have accessed our Services. 


5.2 Your Account must include truthful and accurate information about yourself (e.g. your name) and this information must be kept up to date. Your Account is personal to you and may not be shared with any other person. You are responsible for choosing and maintaining your login details (including your Account password) and ensuring these are kept safe. You are solely responsible for all activity on your Account, including where your Account has been accessed by another person if you have shared your login details (intentionally or unintentionally). Salto Games accepts no responsibility for any losses or harm you suffer as a result of unauthorised use or your Account or any third-party account that you use to access our Services. If we find that your Account or any third-party account you use to access our Services uses abusive, offensive, or defamatory screen names and/or personas, we withhold the right to Stop your Account or modify your screen name which is in breach of these Terms.


5.3 References to Stopping or to Stop an Account includes temporarily or permanently disabling, suspending or banning an Account (including a third-party account that you have used to access our Services). If your Account is disabled or banned, you will not be able to access your Account and any licences previously granted to you to use our Services will be either temporarily or permanently revoked.


5.4 We may Stop your Account if we reasonably believe:


5.4.1 these Terms have, may have been or will be breached by you; and/or


5.4.2 it is necessary in order to prevent or stop any harm or damage to us, to any of our Services, to other users of our Services, to the general public, or to you.


5.5 We do not guarantee the ongoing supply of any Service or that the Services or any part of the Services will be available at all times, in all locations, or at any given time or that we will continue to offer such Services for a particular length of time. Upon reasonable notice to you, we may Stop your Account and you acknowledge and agree that you are not entitled to any refund for any amounts paid in connection with your Account.


5.6 If you believe that someone has stolen your Account password or you believe you have lost or had stolen the device upon which any of our Services is installed or accessible or you believe someone other than you has gained access to your Account, you should immediately contact us at support@salto.games.


5.7 If you want to delete your Account, you may submit a request to Salto Games at any time by contacting us at support@salto.games. Following the completion of the process above, your Account will be irreversibly, fully and permanently deleted, including all Virtual Items and other associated content under your Account.


6 Virtual Items


6.1 Virtual Items means any additional features that we may make available on our Services that are licensed to you, for example digital unlockable content, virtual assets and virtual currencies which can be used to purchase additional content. We reserve the right to change the price and features of any Virtual Items at any time for any reason.

6.2 When you acquire a Virtual Item (for example by payment or unlocking the Virtual Item through gameplay), we grant you a personal, limited, non-transferable, non-sub-licensable, revocable and non-exclusive licence to access the relevant Virtual Items. You do not have any right of ownership over Virtual Items you obtain using the Services. 


6.3 Virtual Items have no monetary value and no value outside of our Services. You cannot sell, trade or transfer Virtual Items to any other person or exchange them for real-world cash, real goods or services, or anything else outside the Services. You are strictly prohibited from using Virtual Items as a stake in a bet or wager with anyone else.


6.4 We do not handle the financial transactions with you to purchase Virtual Items. All Virtual Item transactions are handled by platforms and payment providers and other third parties not related to Salto Games. In order to purchase Virtual Items, you must agree to the relevant third party’s terms and conditions which we recommend you carefully read before making any purchases. This may include a term that all purchases of Virtual Items are final and that no refunds are given. If you have any questions or issues with a financial transaction relating to Virtual Items, please contact the relevant third party from whom you made the purchase.


7 User Generated Content (UGC)


7.1 User Generated Content (UGC) means any form of content generated by a user of the Services (including remarks, suggestions, ideas, graphics, text, in-game messaging, images, video, and Account information) communicated, posted, uploaded, or sent by users on or in connection with the Services.  Our Services may include features which permit you to upload, transmit, create or generate UGC which can be viewed by other users of our Services. 


7.2 You shall retain ownership of all your UGC. You agree to waive your 'moral rights' over your UGC to the extent permitted by law and that you will not withdraw the submission or attempt to make a charge for its use. Further, you warrant and represent that you are the exclusive copyright and intellectual property rights holder in relation to the UGC you submit and that the submission of the relevant UGC in no way breaches the rights of any other person or entity.


7.3 You agree to grant Salto Games a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free licence to use, modify, copy, create derivative works of, publicly perform, publicly display, reformat, include in marketing and promotional materials, translate, excerpt (in whole or in part), publish and distribute any UGC that you upload to any of our Services.


7.4 We, or third parties engaged by us, may monitor and/or moderate UGC but we do not guarantee the accuracy, quality, or integrity of any UGC posted via our Services. By using our Services, you acknowledge and accept that you may be exposed to materials you may find offensive or objectionable. We do not endorse any UGC posted on the Services, nor do we guarantee its truthfulness or accuracy. However, if someone is violating these Terms, particularly Section 9 (Acceptable Use) or misusing the Services, please report this to us by contacting us at support@salto.games. We will review the report and, subject to applicable laws, remove the UGC that is in breach of these Terms and take action against anyone who violates the Terms, such as by removing the reported UGC from our Services and/or Stopping the reported user's Account. We may also take such actions, at our reasonable discretion, in respect of anyone who knowingly submits a false report to us in bad faith.


7.5 We reserve the right to remove and permanently delete any UGC from our Services with or without notice. We reserve the right to disclose your identity to any third party that validly claims that any of your UGC infringes such third party’s intellectual property or their privacy. We will also disclose your UGC to third parties and governmental authorities on request where we are legally obliged to do so.


8 Your rights and responsibilities


8.1 You confirm that:


8.1.1 all information that you provide to us (including your Account details) is true, accurate and up to date. The rights granted to you under these Terms are strictly personal to you and you must not make the Services or your Account available to anyone else; and


8.1.2 you will comply with the Section 9 (Acceptable Use) relating to your use of the Services and any other obligations set out elsewhere in these Terms. 


8.2 You agree to compensate us where we pay damages or incur any other losses or expenses (including legal fees) in respect of any claim made by a third party that your use of the Services is in breach of these Terms, contrary to any other laws and regulations or infringes the rights of any third party. 


8.3 You must comply with the laws that apply to you in the country or state in which you live or from which you access our Services. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions and, if necessary, stop using our Services.


8.4 If we take legal action against you for non-payment or any other breach of these Terms and a court makes an award in our favour, you will be responsible for all costs allowable by the courts.


8.5 To access our Services, your device may need to meet certain hardware and software requirements. Our Services may also only be accessible on certain platforms (such as iOS and Android). You may also be required to have an internet connection with a minimum upload and download speed. You are responsible for making all arrangements necessary for you to have access to our Services. We cannot guarantee that any Service will work on or be compatible with a particular device, platform, operating system or equipment or in conjunction with any other software or connectivity service, or that the Services will be available in all geographic locations. Minimum technical specifications and compatibility information are available on the store that you acquire our Services.


8.6 When we make any changes to our Services, we may ask you to install patches, updates and possibly additional content for you to keep using our Services. These updates may add extra game content or fix bugs and must be installed by you to continue using our Services.


9 Acceptable use


9.1 You agree that in using the Services (including the creation and sharing of UGC) you will not:


9.1.1 use or allow the use of the Services for any purpose or activity that is illegal, fraudulent or in breach of these Terms;


9.1.2 reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble, in any manner the Services or any portion thereof; 


9.1.3 sell, buy, trade or otherwise transfer or offer to transfer your Account, any personal access to our Services, or content associated with your Account, including Virtual Items, either within our Services or on a third-party website, or in connection with any out-of-game transaction; 


9.1.4 access or attempt to access the Accounts of other users or penetrate or attempt to penetrate any security measures relating to the Services; 


9.1.5 promote violence or discrimination, promote or endorse any illegal activity or otherwise be objectionable; 


9.1.6 harass, threaten, mislead, embarrass, spam, or do anything else to another person that is unwanted, or making personal attacks or statements about race, sexual orientation or religion; 


9.1.7 organise or participate in any activity or group that is harmful, abusive, offensive, obscene, threatening, bullying, vulgar, sexually explicit (including nudity and any form of inappropriate exposure), defamatory, invasive of personal privacy or encourages conduct that would violate a law or in a reasonable person’s view be objectionable and/or inappropriate;


9.1.8 use abusive, offensive, or defamatory screen names and/or personas, whether created through our Services or through third party devices or platforms;


9.1.9 upload any files that contain viruses, trojans, worms, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt any of the Services;


9.1.10 infringe the rights of third parties including (without limitation), copyrights, trade marks, patents, design rights, moral rights, rights of privacy, rights of publicity or any other property rights;


9.1.11 upload advertising, promotions or commercial solicitations of any kind, including (without limitation) spam, junk mail, chain letters, pyramids schemes or similar;


9.1.12 use our Services to build a service or game that may compete with our Services or assist another person in building a service or game that would compete with our Services;


9.1.13 attempt to or purport to impersonate any person or misrepresent your identity, affiliation or connection to any other person;


9.1.14 probe, scan or test the vulnerability of our Services, or circumvent or breach the security or authentication measures of our Services;


9.1.15 improperly use in-game support or complaint buttons or make false reports to us;


9.1.16 use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, 'data mine' or in any way reproduce or circumvent the content, navigational structure or presentation of our Services;


9.1.17 use, develop, host or distribute cheats, automation software (‘bots’), modded lobbies, hacks, mods or any other unauthorised third-party software in connection with the Services, or engage in any form of cheating, botting, boosting, or booting, or otherwise attempt to circumvent technological measures designed to control access to, or elements of, our Services; or

9.1.18 do anything that, in our opinion breaches or may breach the spirit of these Terms.


9.2 To the extent the Service functionality permits, you shall not post or communicate any person's 'real world' personal information whilst using the Services or any related websites, chat rooms or forums.

9.3 We reserve the right to access, monitor and/or record any online activity within the Services and you give us your express consent to access and record your activities for these purposes.

9.4 Any breach of the above rules of conduct shall be determined by us at our discretion, acting reasonably in all circumstances.

10 Suspension and termination


10.1 We may suspend, restrict or terminate your access to our Services or any part of our Services and consequently suspend or terminate the licence granted to you under these Terms:


10.1.1 if you breach of any of the restrictions or provisions in these Terms;


10.1.2 for reasons of a system failure, maintenance or repair or due to events beyond our reasonable control; and/or


10.1.3 we decide to withdraw the Services and/or any other part of the Services from the market for any reason at our sole discretion, acting reasonably.


10.1.4 if you breach of any of the restrictions or provisions in these Terms;


10.2 We will always do our best to give you an initial warning rather than moving straight to terminating or deleting your access to our Services. But if you have seriously breached our Terms or have been issued with previous warnings, we may terminate your licence to access our Services and/or any other part of the Services. Under such circumstances we will notify you in writing by email or within the Services as appropriate and the licence granted in these Terms will terminate and you must cease all use of the applicable Services. If we decide to withdraw the Services from the market, we'll do our best to notify our users prior to withdrawing access. 


11 Our liability to you


11.1 We will use reasonable endeavours to maintain the operation of our Services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, our Services and we may have to suspend the operation of our Services for repair, maintenance, improvement, security purpose or for any other reason. If so, we will try to ensure the suspension is as short as possible.


11.2 Our Services are provided on an "as is'' and "as available" basis.  To the fullest extent permitted under applicable law, we provide no express, implied or statutory warranties that you will be able to access or use our Services at the times or locations of your choosing or that our Services will be uninterrupted or free of errors, bugs, corruption, loss, interference, hacking or viruses.  Accordingly, we are not liable to you for any loss or damage that might arise, for example, from the inoperability, unavailability or security vulnerabilities of our Services or from your reliance on the quality, accuracy, or reliability of our Services.  We also make no guarantee that our Services will work with or can be accessed on any particular devices, platforms, operating systems or equipment, or in conjunction with any particular software or connectivity services.  We do not accept responsibility for such equipment, software or services. You acknowledge that we will not be liable for any indirect, incidental, special, exemplary, or consequential losses and damages, including loss of direct and indirect profits, goodwill or data in any way arising.


11.3 To the maximum extent permissible by law, our total liability, whether arising in contract, tort, strict liability or otherwise, including liability for any losses, costs, expenses or damages that you suffer in connection with our Services or these Terms shall not exceed (in aggregate) the monetary amount equivalent to the charges, relating to the Services, actually paid by you to us during the 6 month period prior to the date of the cause of action first arising.  Notwithstanding the foregoing, nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation, death or personal injury resulting from our negligence or the negligence of our employees or agents, or any other liability that cannot under any applicable law be excluded or limited.


12 Platforms and publishers


12.1 Our Services may be provided through a third-party platform, including (without limitation) iOS and Android. These third-party platforms will impose additional terms and conditions governing the use of their services. Those terms and conditions will form a separate agreement between you and the relevant platform and are in addition to these Terms. Even if you have purchased our Services separately from a third party, you must accept these Terms before you may use our Services. We encourage you to read the terms and conditions imposed by third parties carefully before you agree to them.


12.2 You must also accept and comply with all terms and rules of third-party platforms and any publishers who make our Services available to you. Any breach of the terms and rules of any third-party platform or publisher shall be deemed to be a repudiatory breach of these Terms by you.


12.3 Where our Services contain links to, and connect with, other services and resources provided by third parties, we have no control over the content of those services or resources and we make no warranties or representations as to the legitimacy, accuracy or quality of such third-party services or resources. Any external site that you visit by clicking through a link on the Services is entirely at your own risk. We accept no responsibility for their content, behaviour, safety or treatment of your personal data.


13 Personal data


13.1 We process information about your in accordance with our Privacy Policy. By using our Services, you consent to such processing, and you warrant that all data provided by you is accurate.


14 General


14.1 These Terms set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us in respect of the Services.


14.2 You may not assign or otherwise transfer your rights under these Terms to someone else for any reason (or attempt or purport to do so), unless we have first given you our express permission in writing, which we may withhold in our sole discretion. We may assign or otherwise transfer our rights and may sub-contract our obligations under this Agreement to anyone else.


14.3 Each of the terms and conditions of these Terms operates separately. If any court or other competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.


14.4 Nothing in these Terms will create any relationship of partnership, agency or employment between us.


14.5 If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.


14.6 These Terms are governed by the laws of England and Wales. You and we both agree that the courts of England will have exclusive jurisdiction in relation to any dispute connected with these Terms or our Services.


15 Contacting us


15.1 If you require customer support or would like to report a complaint, fault or abusive behaviour in violation of these Terms or if you have any other questions or comments in relation to our Services, please contact us at support@salto.games.