Terms of Service
Effective date: 26 May 2018
as amended on 28 November 2023.
Please, read carefully the present Terms of Service before playing.
The present terms of service (“Terms of Service”) constitute a legally binding agreement (“Agreement”) between You (hereinafter – “You”, “Your” and “Yours”) and the company – PROJECT FIRST LLC, registered in compliance with the Law of the Russian Federation, registered address: 1st Spasonalivkovsky str. 19-14, Moscow, Russian Federation, 119049 (hereinafter – “we, “us”, “our” and “ours”).
We operate Games, Applications and any other produced products/rendered services (hereinafter jointly referred to as “Products”/“Services”) which are, except the Website, oriented for Kids as defined herein. These Terms of Services are designated to explain the ways that You as a legal guardian/parent of the Kid and the Kid himself are allowed to use our Products and Services.
YOU SHOULD BE AWARE OF THE FOLLOWING: USERS HAVE THE RIGHT TO DELETE THEIR PERSONAL ACCOUNTS IN FRAMEWORK OF THE GAME/APPLICATION UNDER THEIR SOLE DISCRETION. THE PROVISIONS OF THE POLICY DO NOT LIMIT THIS ACTION, PROVIDING ITS PERFORMANCE.
- Terms and definitions
“Game” means a Game developed by us, which is a mobile application available through the Application Stores (Apple App Store, Google Play or the other Application Stores, in which our Products are placed).
“User” means a physical person in any ways using our Product or our Services.
“Services” is a term applicable to the Products developed by us and their properties directly controlled by us.
“Terms” – terms developed by us and specified in the present Agreement which shall be fulfilled/observed by Users.
- relating to User – citizen of the Russian Federation – a person under 18 (eighteen);
- relating to User – citizen of the European Union – a person under 16 (sixteen);
- relating to User – citizen of the USA – a person under 13 (thirteen);
- relating to User – citizen of any other state different from the abovementioned – a person under the age established by the Law of the relevant state.
“Website” means the platform that We directly control and through which We may offer You additional Game functionality and/or provide general information about the Products: https://projectfirst.app/.
- General Terms
The fact of Your use of Our Products means Your unconditional consent on your own behalf to comply with all clauses of the present Terms of Service and Your agreement to observe all obligations assigned to You under the present Agreement. Ignorance of the Terms of the present Agreement shall not exempt You from liability for violation of its provisions. If You do not agree to comply with the provisions of the present Agreement, please, do not use Our Products.
You agree that We can at all times and for any reason suspend or terminate operation of any of Our Products or change their content (volume and structure) unilaterally without prior notice or with such notice provided that any changes of the content made by Us will be fully acceptable and appropriate for the Game oriented for Kids and cannot bring any harm.
You understand that Our Products keep developing. Thus, in order for You and for Kid to continue using our Products, it may require You to download and install updates of Our Products at all times without prior notice. You agree and acknowledge that after the update launch previous versions of the Product may become unavailable or may no longer be supported by us.
Our Products may contain advertisements of third-party products and services. The advertisements are selected on Google Play and AppStore platforms in order to comply with applicable laws restricting the use of advertisements unsuitable for children’s audiences and/or containing behavioral targeting, and also to comply with the list of advertising networks certified for use in “Designed for Families” software.
We may also amend/update the present Terms at all times, thus we recommend You to periodically review the contents of this Agreement in order to learn timely of any amendments and/or updates. By continuing to use our Products after amendment of the Terms, You automatically agree with the new Terms. In case You disagree with amendments to the Terms, You shall immediately stop using Our Products.
If You are a legal guardian/parent of the Kid, You as a legal guardian/parent of the Kid guarantee that You have read and understood the present Terms and agree with them.
You also may have access to the Website, which is fully designed only for adults, or some features of the Products.
Some of the Games features are designed only for adults and, therefore, may be age-gated, specifically, authorization feature in the App after passing which User can access broader functionalities of the Game, any features connected with in-app purchases and enabling potential collection and sharing of Personal Information.
For avoidance of doubt, Games can be freely used and give a great Game experience without exploitation of functionalities that require adult involvement.
To protect the children (the Kids), We advise parents/legal guardians to check that their Kids never use age-gated sections of the Games and the Website. We reserve the right to restrict access to certain Game features for any User suspended to be a minor.
Our failure to exercise or enforce any right or provision hereof shall not be regarded as waiver of any such right or provision. Should any provision hereof become void, such provision shall be deemed as ineffective and this shall not affect the validity and legal power of the remaining provisions hereof.
By downloading Our Games and Applications, You do not need to register in Our Games and Applications. You can download Our Products without registration. In so doing, You shall not violate or block or otherwise damage any security instruments of Our Products or instruments preventing or limiting the use or copying of any element and/or part of the Product or imposing limitations on Product use. You shall not transfer any information and/or software containing viruses or any other harmful components and perform any other actions in compliance with the standards of the effective legislation of Cyprus or international law. You may not alter the program code of our Products.
You shall observe Our intellectual property rights and provisions of the clause “Intellectual Property” hereof.
You are authorized to use our Products and all relevant gaming services exclusively in noncommercial personal aims and in full compliance with the present Terms.
You shall independently and at your own expense pay for the software on Your device and Internet access required to use Products.
- Paid services
- Your use of Our Games under the terms hereof may be both free of charge and on a payment basis. Information whether the use of a Game is paid or free can be found in the description of the relevant Game and shall become available to You before the start of download of the relevant Game to Your device.Games may contain inbuilt sales of certain content and/or Game levels purchasable by You for money. After making a purchase, the money paid by You shall not be refunded (excluding if the otherwise is determined separately in the Google Play or Apple App Store Policies). The size of payment may be changed by Us unilaterally. When You purchase a Game or its part, all payments are accepted and processed by mobile application stores, thus, we recommend You familiarize yourself with payment rules of the said application stores (“Application Stores”). Any features connected with inbuilt sales of certain content and/or Game levels are directed solely for adult Users. We reserve the right to restrict access to any such content and features for Users who are suspected to be minors.
Please, note:We shall not be liable for Your compliance with the conditions of payment for additional (paid) gaming services (Game parts/levels) as it is beyond Our control.In some of Our Games You may be offered to purchase a Subscription. Purchasing a subscription, You automatically agree with the following:
- Subscription payment will be withdrawn from You in accordance with the payment method chosen by You in Your application store. The size of payment will be demonstrated in the process of purchase;
- Subscription will be prolonged automatically at the end of each Subscription period until You cancel the Subscription or until We do that. For example, if You buy a monthly Subscription, it will be automatically prolonged for the next month one month after purchase and the money will be automatically withdrawn from Your account.
To cancel automatic resubscription and automatic withdrawal of funds, You must cancel the subscription no later than within 24 (twenty four) hours before the end of current Subscription period. You may cancel Subscription at all times via subscription settings in Application Store of Your device:
- For Google Play, see subscription cancellation instructions here: https://support.google.com/googleplay/answer/7018481?hl=en
- For Apple App Store, see subscription cancellation instructions here: https://support.apple.com/en-us/HT202039
- For the other Application Stores, see subscription cancellation instructions via the relevant site (page) and/or the relevant platform.
Please, be noticed that authorization feature available not in all our products and not for all countries.
Please, be noticed that since our Games are primarily targeted to Kids, We are not entitled to use APIs and SDKs not approved for Kid’s for authentication and authorization. We do not use APIs and SDKs not approved for Kid’s applications for authentication and authorization.
Any authorization, necessary for the using of Our services, may be available and accessed solely by adults. We set age-gate and clearly indicate in the authorization form that We require to use only an adult’s e-mail address, not Kid’s one.
You can find the authorization function in the Product settings.
You confirm that safety of Your authorization data shall directly depend upon the complexity (number and variation of symbols). It’s recommended that the User create a rather complicated password to avoid the possibility of attack by third parties.
User must keep his login (e-mail) and password secret. You must contact Us as soon as You are aware that Your authorization data have been used without consent. The User acknowledges that We may take any appropriate action, including suspension of the access. However, We are not liable for Your losses caused by any unauthorized use of Your authorization data, whether with or without Your knowledge. You also may be liable for Our losses due to such unauthorized use.
5.1 Account deleting
Any user account created with authorization feature can be deleted by Your request.
To send request to delete account from the app:
— You should have account, and be logged in.
— You should press «Log Out» button in the game settings.
— In the next window tap the «Delete account» link.
— Tap «Send» button in the appeared mail client window with pre-filled letter content.
— Our support team will contact you for confirmation.
To send request to delete account from the Website:
— Follow link: https://projectfirst.app/account-delete/
— Fill out the request form details
— Our support team will contact you for confirmation.
- Term of Agreement
- Disclaimer and notifications
Your and Kid’s use of Our Products and/or Services is performed by You independently and on the “as is” principle, meaning that We shall not be liable to You or Kid under any circumstances for any direct and/or indirect damage inflicted upon You or Kid in relation to the use of Products and/or Services and/or inability to use Products and/or Services.
We do not provide any guarantees of faultless and continuous operation of Our Products or their separate components and/or functions, their suitability for specific aims and correspondence with anticipations of specific Users, and we also do not provide any guarantees not stated directly in this Agreement.
We shall not be liable for any direct or indirect consequences of any use or inability to use our Products and/or damage inflicted on You or Kid as the result of any use, failure to use or inability to use Our Products or their separate components and/or functions, including due to possible mistakes or faults in Product operation.
We hereby inform You that regular lengthy (continuous) operation of a personal computer, including any screens/monitors, may cause various health implications, including reduction of sight, scoliosis, various forms of neuroses and other negative body effects. You guarantee that You and Kid will use Our Products exclusively for reasonable time periods taking relaxation breaks or implementing other measures to prevent health implications if any of such are recommended and/or prescribed to You.
We do not provide any express or implied guarantees that all defects have been eliminated and/or all software mistakes have been revealed during Product development and based on the above mentioned, among other things, We shall make all commercially reasonable efforts to reveal the said defects and/or mistakes and eliminate them within reasonable terms.
We hereby inform You that the rights for all objects of proprietary and related rights and the rights to means of individualization contained in the program code of our Games belong to Us and are protected by the Law of the Russian Federation and international law.
- Intellectual property
Source and object code, gameplay, user interface, graphic images, animations, video sequences, sound records, sound effects, music, verbiage and contents of Our Products and any other elements of the Products are objects of intellectual property or contain such objects the exclusive rights to which belong to their lawful owner – PROJECT FIRST LLC Our Products are protected by intellectual property laws of the Russian Federation and relevant international legal treaties.
You agree that any and all parts or elements of a Product are constituents of the Product and are protected by law. Despite that You are granted the right to use the Product, this may not be regarded as transfer or assignment of any exclusive right related to the Product, its part or elements from its rights holder, PROJECT FIRST LLC, to You.
None of the Products/their parts/elements may be copied (reproduced), processed, distributed, published, transferred, sold or otherwise used in full or in part.
You may not otherwise use, download, execute, reproduce, publish, license, transfer, alter, create derivative works, reconstruct, decompile, adapt, distribute, assign or use our Products or their functions or components in full or in part.
All trademarks, logos and service marks reflected in Our Games are owned by Us. You may not use these trademarks, logos and service marks.
- Application Stores
You acknowledge and agree that availability of Products depends on a third party — Apple App Store, Google Play or other Application Stores. Application Stores are exclusively liable for the service provided by them, by means of which You gain access to Our Products (hereinafter – “the Service”). In order to use the Service, You need Internet access and You agree to pay all fees related to such access. You also agree to pay all fees (if any) imposed directly by Application Stores. You agree to comply with all the terms and policies of Application Stores in the course of Your use of the Service.
Your use of Products downloaded via App Store must comply with App Store Terms of Service. Your use of Products downloaded via Android Market must comply with Google Terms of Service. Your use of Products downloaded via the other Application Stores must comply with theirs Terms of Service.
Use of any Application Stores shall be carried only by the adults.
- Applicable Law
This Agreement and any actions related to the Terms thereof are regulated by the Law of the Russian Federation. Despite the above said, if You are a resident of the European Union or the United States of America, note that under certain circumstances You may invoke the protection established by the provisions of the Law of the country You reside in.
You hereby agree to mandatory pre-trial settlement of disputes. You hereby agree to submit to the jurisdiction of courts located in the Russian Federation. Please, note that despite the above said, if You are a resident of the European Union or the United States of America, under certain circumstances You may file claims with authorized bodies or courts of various countries of the European Union or the United States of America at your place of residence.
In accordance with §1789.3 of the Civil Code of California, in case You have any claims, You may file Your claims with the Claim Assistance Unit of the Consumer Services Division of the Consumer Department of California, by contacting them in writing at the address: 400 R Street, Sacramento, CA 95814.
If You are a resident of the European Union, You may file Your claims with local consumer protection authorities.
- Contact details
If You have any questions related to this Agreement and its Terms, please, contact Us. Contact details are presented hereunder.
PROJECT FIRST LLC
We will do our best to eliminate any problem or resolve any complications.