Terms of Use

By downloading the app or using this website, you agree to these Terms of Use ("Terms"). If you do not agree, do not download the app or use the site.

• Apple terms
• Your licence
• Accounts
• Purchases and virtual items
• Leaderboards and conduct
• Content and intellectual property
• Warranties and liability
• Law and contact

Who we are

Machême Games
App: The Fireworks Game
Bundle identifier: com.macheme.fireworks
Email: hello@thefireworksgame.com
Phone: 0330 223 8282

A postal address is available on request to the support email. Questions about the app should come to us, not to Apple, except for Apple billing and refunds.

Apple App Store terms

This section exists so the licence meets Apple's minimum terms for a custom end-user licence. "You" means the person who downloads or uses the app.

1. These Terms are between you and Machême Games only, and not with Apple. Machême Games is solely responsible for The Fireworks Game and its content.
2. The licence granted to you for the app is a non-transferable licence to use the app on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The app may also be accessed by other accounts associated with the purchaser via Family Sharing or volume purchasing, where Apple allows that.
3. Machême Games is solely responsible for maintenance and support of the app. You and Machême Games acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services for the app.
4. Machême Games is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are Machême Games's sole responsibility.
5. Machême Games, not Apple, is responsible for addressing claims by you or any third party relating to the app or your possession and use of it, including: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
6. If a third party claims that the app, or your possession and use of it, infringes that party's intellectual property rights, Machême Games, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of that claim.
7. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. You must comply with applicable third-party terms when using the app, for example your wireless data service agreement.
9. You and Machême Games acknowledge that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Once you accept them, 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.

Your licence from us

The app is licensed, not sold. We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to download and use the app for your own private entertainment, under Apple's Usage Rules and these Terms.

You may not:

• copy, sell, rent, lease, or sublicense the app, except as Apple's Usage Rules allow
• reverse engineer, decompile, or try to extract source code, except where the law does not allow this limit
• cheat, automate play, or tamper with scores, currency, cards, or leaderboards
• use a display name that is unlawful, hateful, sexually exploitative, or that infringes someone else's rights
• interfere with the service, or with another player's use of it
• use the app to break the law

Accounts

An account is optional. Offline play uses data stored on your device. If you create an account, with email and password or with Sign in with Apple when that option is available, you are responsible for activity on it and for keeping the sign-in details confidential.

Display names must be appropriate for a general audience. We may rename, hide, or remove a display name or a score that breaks these Terms.

You can delete your account in the app (Settings, Friends, Delete account), or as described in the Privacy Policy. Signing out, or deleting the app, does not by itself delete the cloud account.

Virtual items and purchases

The app is free to download. It may offer optional in-app purchases through Apple. There are no auto-renewing subscriptions.

Purchases can include:

• Consumable coin packs, such as a pouch, sack, or chest of coins, used for upgrades and other features inside the game.
• A non-consumable unlock for the gold firework. A promotional price may be offered for a limited time. The unlock remains a non-consumable tied to your Apple ID.

Leaderboards, friends, and fair play

Scores and display names you submit can be shown to other players. You are responsible for your display name. We may remove a score that we reasonably believe was obtained by cheating, by exploiting a bug, or by tampering with the client.

Friend features are optional. Do not use them to harass anyone. We may remove friend links or restrict cloud features if we reasonably believe they are being abused.

Names that are offensive, hateful, or sexual are filtered and refused. You can report or block any player from the leaderboard or your friend list, and you can email hello@thefireworksgame.com. We review reports within 24 hours and may rename, hide, or remove an account that breaks these Terms.

This website

The site describes the app and hosts this page, the Privacy Policy, and support information, plus a link to the App Store. The App Store is operated by Apple. We may change or withdraw the site. The site is provided for information and does not, by itself, create an account in the game.

Your content and ours

You keep any rights you have in a display name or other text you submit. You give us a non-exclusive licence to host, display, and moderate that text so the app can work, for example by showing it on a leaderboard, for as long as the text is in the service.

The app, this site, the name The Fireworks Game, the artwork, the fireworks, the audio, and the code are owned by Machême Games or its licensors. These Terms do not transfer that ownership to you. The Machême Games name and logo are ours. You may not use them in a way that suggests we endorse you, except to tell people you play the game.

Updates and availability

We may update, change, or stop features. The core timing mode is designed to play offline. Cloud sync, friends, and leaderboards need a network connection and an account, and they may be unavailable during maintenance or when a score is rejected.

Some builds may require a newer version of iOS. Apple's App Store listing states the compatibility for the version you download.

Disclaimers and liability

The app and the site are provided "as is" and "as available". To the fullest extent allowed by law, we disclaim implied warranties of satisfactory quality, fitness for a particular purpose, and non-infringement.

Nothing in these Terms limits rights you have as a consumer that cannot legally be limited. If you are in the United Kingdom, that includes rights under the Consumer Rights Act 2015: digital content must be of satisfactory quality, fit for purpose, and as described.

To the fullest extent allowed by law, Machême Games is not liable for indirect or consequential loss, or for loss of data, profit, or goodwill, arising from your use of the app or the site. Virtual items have no cash value, so their loss is not a financial loss except where a consumer law says otherwise.

If we are liable to you and the law allows a cap, our total liability for claims relating to the app in any 12-month period is limited to the greater of (a) the amount you paid through Apple for the app and its in-app purchases in those 12 months, or (b) £50.

We do not exclude liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded under the law of England and Wales.

Apple is not responsible for those claims. Section "Apple App Store terms" explains Apple's role.

When these Terms end

You can stop using the app at any time and delete it. We may suspend cloud features or an account if you materially break these Terms, cheat, or create a risk for other players. Where it is reasonable we will tell you why, unless we must act immediately for safety, security, or a legal reason.

Sections that should survive ending, including virtual items already consumed, intellectual property, disclaimers, liability, and Apple's third-party beneficiary rights, continue to apply.

Governing law

These Terms are governed by the laws of England and Wales. If you are a consumer living in the United Kingdom or the European Economic Area, you also keep the mandatory protection of the laws of your country of residence, and you may bring a claim in the courts of that country. If you are not a consumer, the courts of England and Wales have exclusive jurisdiction.

Changes to these Terms

We may update these Terms by posting a new version on this page with a new date. If you keep using the app after the update takes effect, you accept the new Terms, except where the law requires a different process. The current version is always on this page.

Contact

Email: hello@thefireworksgame.com
Phone: 0330 223 8282

How we handle personal information is in the Privacy Policy. Help with the game, purchases, and account deletion is on the support page.