Terms of Service

Who we are and what these terms cover

These Terms of Service ("terms") are the agreement between you and Thursdays Games (the operator named above, "we") for the game Aetherwake on Android, iPhone and iPad, its online services and the website thursdays.ch. By installing or playing the game you accept these terms. If you do not agree, do not install or play the game.

The terms of the store you installed the game from (Google Play or the Apple App Store) and, for the optional account, the terms of Unity Player Accounts also apply. The privacy policy explains how we handle personal data. These terms exist in English and German; if the two versions differ, the German version applies.

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In short

• You get a personal licence to play Aetherwake on your own devices. The game and its content stay ours.
• You can play alone and offline without an account. An account is optional and needed only for cloud save, friends, co-op, raids, PvP and rankings.
• In-app purchases are optional. Every product shows its exact contents and price before you pay. Virtual items have no monetary value and cannot be traded or cashed out.
• Play fair: no cheats, hacks, bots, modified clients or exploits. We may suspend or close accounts that break these rules.
• The online services depend on Unity and on your connection. We may change, update or discontinue the game and its features.
• Swiss law applies. Mandatory consumer protection rules of your country stay unaffected.

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Age

Aetherwake is intended for players aged 13 and over. If you are under 13, do not play the game or create an account. If you are a minor where you live, you may only play, create an account and make purchases with the consent of a parent or guardian, who then accepts these terms for you. Parents and guardians can use the purchase controls of their store account (Google Play or the App Store) to approve or block purchases.

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Your licence to play

We grant you a personal, non-exclusive, non-transferable and revocable licence to install and play Aetherwake on devices you own or control, for your private, non-commercial use, under these terms. The game is licensed to you, not sold. All rights not expressly granted stay with us.

You may not:

• copy, modify, translate, decompile, reverse engineer or create derivative works of the game, except where the law expressly allows it;
• sell, rent, lend, sublicense or distribute the game or your account, or make them available to others for money;
• remove or change copyright notices, trademarks or technical protection measures;
• use the game, its servers or its data for a commercial purpose without our written consent.

You may share screenshots and videos of your play, including on streaming and video platforms, as long as you do not pass the game off as your own work and do not use it to promote cheating.

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The optional account

Singleplayer works without an account. To use cloud save, friends, co-op, raids, PvP, rankings and purchases, you create an account with a username and password or sign in with Google through Unity Player Accounts. Unity Technologies provides the account service; Unity's own terms and privacy policy apply to a Unity Player Accounts account.

• You must give true information and keep your password and recovery code safe. We cannot read your password, and the recovery code is the only way to reset it without our help.
• You are responsible for everything that happens through your account. Tell us at once if you think someone else is using it.
• One account per person. You may not share, sell, give away or buy accounts.
• Your username is public. It may not be offensive, hateful, sexual or misleading, impersonate someone else or infringe anyone's rights. We may change or block names that break this rule.
• You can delete your account at any time in the app. The delete account page explains what is deleted and what stays.

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Purchases and virtual items

The game offers optional in-app purchases: Crystals (the premium currency), supply and armor packs, repair vouchers and paid gear-set slots. Every product shows its exact contents and its price, including any applicable taxes, before you confirm the purchase. There are no random paid items, no subscriptions and no ads. Buying requires a signed-in account and an internet connection, so that the purchase can be delivered to your account.

Payment is handled by Google Play or the Apple App Store under their terms; we never receive your payment data. Once your purchase is verified, its contents are credited to your account. Delivery starts immediately: by confirming the purchase you agree that we perform at once and acknowledge that, where the law gives you a right of withdrawal for digital content, you lose it when delivery begins.

Virtual items and currencies, whether bought or earned by playing, are a limited licence to use them in the game. They have no monetary value, belong to us, cannot be transferred to other accounts or players, and cannot be sold, traded or exchanged for real money or anything outside the game. We do not buy them back.

Items and currencies can be used up, lost or changed through the rules of the game: consumables are consumed, unsecured finds are lost on defeat, worn pieces break on defeat in Hardcore, equipment wears out and needs repair, and we rebalance values from time to time. That is part of the game and gives no right to a refund or replacement.

Refunds follow the rules of the store you bought from (Google Play or the App Store) and the law that applies to you. If a store refunds a purchase, we may remove the refunded contents from your account. If a purchase is not delivered although you were charged, write to us with the store receipt and we will put it right.

We may change the contents, prices and availability of products for the future, and we may stop selling a product. Such changes do not affect purchases you already made.

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Fair play

Aetherwake is a shared game for everyone who plays online. You may not:

• use cheats, hacks, bots, scripts, macros, modified game clients, memory editors or any other tool that changes how the game works or automates play;
• exploit bugs to gain an advantage, for example to duplicate items or currencies, or hide such a bug instead of reporting it to us;
• tamper with the network traffic of the game, impersonate the host or another player, or interfere with the servers, the relay or other players' connections;
• manipulate rankings, ratings or seasons, for example through arranged matches or multiple accounts;
• harass, threaten or abuse other players, including through your username;
• use the game for anything illegal.

Co-op, raids and PvP run on the phone of one player (the host) and over Unity's relay. The quality of your experience depends on every participant's connection. If you leave a session, the others keep playing without you.

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Online services, updates and changes

Cloud save, friends, co-op, raids, PvP, rankings, purchases and achievements depend on the Unity Gaming Services, on your internet connection and on your device. We do our best to keep them running, but we do not guarantee that they are always available, uninterrupted or error-free. Maintenance, outages, changes at the stores or our providers, and changes in the law can interrupt or end them.

All players of an online session must run the same version of the game. We publish updates through the stores; after an update, older versions may no longer be able to play online or sign in. Keep the game updated.

Aetherwake is a living game. We may add, change, rebalance or remove features, content, items, values, modes, seasons and rewards at any time, and we may reset seasonal content such as rankings and PvP seasons as the game rules provide. Where a change matters to you, we try to announce it in the game, in the store release notes or on thursdays.ch.

We may discontinue the online services or the game as a whole. Where we can, we announce this at least 30 days in advance in the game or on thursdays.ch, and we stop selling virtual items for the game by then. Singleplayer stays playable offline on your device for as long as the installed version runs on your device's operating system.

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Breaches, suspension and termination

If you break these terms, we may, depending on how serious the breach is, warn you, remove scores from rankings, reverse gains, restrict features, or suspend or terminate your account and your licence to play. For a serious or repeated breach we may do so without warning. We tell you the reason where that is legally and technically possible, and you can write to us if you think we got it wrong.

If we terminate your account for a breach, you lose access to its virtual items without compensation, unless the law requires otherwise. You may stop using the game at any time and delete your account in the app.

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Intellectual property

The game Aetherwake, its name and logos, its characters, artwork, 3D models, animations, music, sounds, texts, code and design belong to Thursdays Games or its licensors and are protected by copyright and other laws. These terms give you no right to use them beyond playing the game, except as stated under "Your licence to play". The fonts Cinzel and Fira Sans are used under the SIL Open Font License.

If you send us feedback, ideas or suggestions, we may use them freely for the game without owing you anything.

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Warranty and liability

We provide the game and its services with care, but as they are. To the extent the law allows, we give no warranty that the game is free of errors, fits a particular purpose or runs on every device, and we exclude the warranty for defects. Your warranty rights against the store for the purchase price remain unaffected.

We are liable without limit for damage caused intentionally or by gross negligence, for injury to life, body or health, and wherever the law does not allow a limitation. Any further liability of ours, including for slight negligence, indirect damage, lost data, lost virtual items or lost profit, is excluded to the extent the law allows. We are not liable for the services of Google, Apple or Unity, for your internet connection or for your device.

If you are a consumer, the mandatory consumer protection rules of the country where you live stay unaffected by these terms.

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Additional terms for the Apple App Store

If you downloaded the game from the Apple App Store, the following also applies, as Apple requires:

• These terms are between you and Thursdays Games only, not Apple. Apple is not responsible for the game or its content.
• The licence covers the game on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, including Family Sharing or volume purchasing where available.
• Thursdays Games, not Apple, is responsible for maintenance and support of the game. Apple has no obligation to provide any maintenance or support.
• If the game fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the game to you. To the maximum extent permitted by law, Apple has no other warranty obligation for the game; any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility.
• Thursdays Games, not Apple, is responsible for addressing any claims by you or a third party relating to the game or your use of it, including product liability claims, claims that the game fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• If a third party claims that the game or your use of it infringes its intellectual property rights, Thursdays Games, not Apple, is responsible for investigating, defending, settling and discharging the claim.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You must comply with any third-party terms that apply when you use the game, for example the terms of your mobile carrier or of Unity.
• Apple and its subsidiaries are third-party beneficiaries of these terms. When you accept them, Apple has the right to enforce them against you as a third-party beneficiary.

Our contact details are at the top and bottom of this page.

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Google Play and platform services

If you downloaded the game from Google Play, the Google Play Terms of Service govern the download and the payment on Google Play. Achievements use Google Play Games Services on Android and Apple Game Center on iPhone and iPad; your use of those services is governed by Google's and Apple's terms. Signing in to them is optional, and the game works without it.

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Changes to these terms

We may update these terms when the game, our services or the law change. The date at the top shows the current version. For changes that matter to you we inform you in the game, in the store release notes or on thursdays.ch before they take effect. If you keep playing after a change takes effect, the updated terms apply. If you do not agree, stop using the game and delete your account.

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Governing law and jurisdiction

These terms are governed by Swiss law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. The courts at the seat of the operator in Switzerland have jurisdiction. If you are a consumer, mandatory rules that let you sue or be sued at your place of residence remain unaffected.

If a provision of these terms is invalid, the rest stays in force.

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Contact

Questions about these terms: info@thursdays.ch. We are a one-person studio and reply as soon as we can.

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