Terms of Service
1. Who these terms are with
These Terms of Service (the "Terms") are an agreement between you and Klim Sarakeev IE ("Somnaut", "we", "us"), an individual entrepreneur registered in the Republic of Armenia, 41 Zoravar Andranik St., Dilijan 3903, Tavush, Armenia.
They govern your use of the mobile games we publish (the "Games") and of the website at somnaut.org (the "Site"). By installing or playing a Game you accept these Terms. If you do not accept them, do not install or play.
2. Eligibility
Our Games are intended for players aged 13 and over. If you are under the age of majority where you live, you may use the Games only with the involvement of a parent or guardian, who accepts these Terms on your behalf.
3. Your licence
We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and play the Games on a device you own or control, for your own private, non-commercial entertainment.
You are licensed the Games, not sold them. We and our licensors retain all right, title and interest in and to the Games, including all code, art, audio, characters, names and trade marks. Nothing in these Terms transfers ownership of anything to you.
4. What you may not do
- Reverse engineer, decompile or disassemble a Game, except to the extent that applicable law expressly permits it despite this restriction.
- Modify a Game, or use cheats, bots, automation, memory editors or modified clients.
- Exploit bugs to obtain virtual items, currency or progression you would not otherwise have.
- Redistribute, sell, rent, sublicense or publicly perform a Game, or host it on any store or site other than those we publish to.
- Remove or obscure any copyright, trade mark or other proprietary notice.
- Use a Game in any way that breaks the law or infringes the rights of others.
Reviews, let's plays, streams, screenshots and other ordinary fan and press coverage of our Games are welcome and are not restricted by this section, including where monetised on the platform you publish to.
5. Purchases and virtual items
Where a Game offers in-app purchases, the following applies.
5.1 What you are buying
You are buying a limited licence to use virtual items, virtual currency or additional features inside that Game. You are not buying property. Virtual items have no monetary value, cannot be exchanged for money or anything of value outside the Game, cannot be transferred or sold to another person, and do not survive the end of the Game's service or the deletion of your installation.
5.2 Who processes the payment
All purchases are processed by the platform you bought through — for Android, Google Play. We never see or hold your payment card details. Your purchase is also subject to that platform's own terms.
5.3 Refunds
Refunds are handled by the platform under its published refund policy. For Google Play, start at Google Play's refund page. If the platform declines and you believe the purchase failed because of a defect in our Game, write to [email protected] and we will look into it, though the final decision on a platform refund rests with the platform.
5.4 EU and UK consumers
If you are a consumer in the European Union or the United Kingdom you normally have 14 days to withdraw from a purchase of digital content. By buying a virtual item that is delivered to you immediately, you ask for that immediate delivery and acknowledge that you lose the right of withdrawal once delivery has begun. This does not affect your statutory rights where the content is faulty or not as described.
5.5 Changes to items
We may add, change, rebalance or withdraw virtual items and Game features as part of normal development. Where we withdraw an item you have already paid for and there is no equivalent replacement, contact [email protected].
6. Advertising
Our Games may show advertising supplied by third parties. We do not control the content of those adverts. How advertising data is handled, and how you opt out of personalised advertising, is described in our Privacy Policy.
7. Privacy
Our Privacy Policy explains what data our Games and Site collect and why. It forms part of these Terms.
8. Availability and changes
We may update, suspend or discontinue a Game or any of its features at any time. We are a small studio and make no promise that any Game will remain available indefinitely, or that it will be free of bugs or interruptions.
9. Termination
You may end this agreement at any time by uninstalling the Games. We may suspend or end your licence if you materially breach these Terms, in particular section 4. On termination your licence ends and any virtual items associated with your installation are lost, without refund except where the law requires one.
10. Disclaimer
To the fullest extent permitted by law, the Games and the Site are provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.
11. Limitation of liability
To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, arising out of your use of the Games or Site. Our total liability to you for any claim relating to a Game is limited to the greater of the amount you paid us for that Game in the twelve months before the claim, or USD 50.
Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited. If you are a consumer, your mandatory statutory rights are unaffected.
12. Copyright complaints
If you believe material in one of our Games or on our Site infringes your copyright, write to [email protected] with a description of the work, where the allegedly infringing material appears, your contact details, and a statement that you are the rights holder or authorised to act for them. We respond to properly substantiated notices.
13. Changes to these Terms
We may amend these Terms. We will update the effective date above and, for material changes, give notice in the Game or on the Site before they take effect. If you continue to use the Games after that, you accept the amended Terms.
14. Governing law
These Terms are governed by the law of the Republic of Armenia, and the courts of the Republic of Armenia have jurisdiction. If you are a consumer resident in the European Union or the United Kingdom, this does not deprive you of the protection of the mandatory consumer law of your country of residence, or of the right to bring proceedings there.
15. General
If any provision of these Terms is held unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them as part of a transfer of our business. These Terms, together with the Privacy Policy, are the entire agreement between us regarding the Games.
16. Contact
Klim Sarakeev IE
41 Zoravar Andranik St., Dilijan 3903, Tavush, Armenia
Support — [email protected]
Legal — [email protected]