Terms and Conditions

These are the Terms and Conditions of Happy Pixel LDA, registered in the commercial register of the Portugal. Hereinafter referred to as “Happy Pixel”, “we”, or “us”. These conditions govern the legal relationship between Happy Pixel and you (hereinafter “user” or “you”) when you play a Happy Pixel game, use one of the utility, productivity, or lifestyle apps (hereinafter individually the “App” or collectively the “Apps”). Our Apps are downloaded from App Stores such as the Apple App Store, Google Play, Amazon AppStore for Android, or other comparable App Stores (each an “App Store” or collectively the “App Stores”). The applicable terms of use of the App Store from which the App is downloaded apply to the relationship between the App Store and you - these terms do not govern that relationship.

1. Eligibility

To use our Apps, you confirm that:

• The device you are accessing is your property and that you are authorized to make payments for features offered in the App.
• You are not located in a country under a US government embargo or designated as a “terrorist-supporting” country and that you are not on any US government prohibited or restricted party list.
• The information you provide is true and correct and you will update it if necessary.
• You have not been previously banned or suspended from using any App.
• You have a valid account with the App Store from which you download the App (the “App Store Account”).

You also agree not to:

• Copy, rent, lend, sell, trade, or otherwise exploit the Apps.
• Use the Apps for illegal activities.
• Use the Apps to distribute information or materials that are obscene, violent, threatening, defamatory, discriminatory, or offensive in Happy Pixel’s view.
• Use the Apps to distribute information or materials that infringe or could infringe intellectual property rights, including those of Happy Pixel.

2. Privacy Policy

Our Privacy Policy explains how we use the information collected about you, including personal data. This policy is available on our website and where you download our Apps.

3. Special Conditions

The terms of the App Store provider also apply to your use of the Apps and the purchase of paid features. In case of conflicts between these terms and the App Store terms, the App Store terms prevail regarding the use of the App Store. Additionally, special terms may apply depending on how you access the Apps. We or our partners or third parties may occasionally run contests or promotions, which are subject to additional terms (“Special Conditions”). In case of conflicts between these terms and the special conditions, the special conditions prevail.

4. License Grant

By agreeing to these terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use our Apps for personal, non-commercial purposes. You must not attempt to hack into an App or gain unauthorized access to the software used by the App. Happy Pixel owns all rights, titles, and interests (or has a license to use) including all intellectual property rights in the Apps, including software code, visual displays, graphics, musical compositions, audiovisual effects, and trademarks of the Apps’ titles, and user content under these terms. Using our Apps under a license does not grant you any intellectual property rights in our Apps.

5. User Content

All data, texts, graphics, photos, and other materials uploaded or made available by you or other users in the Apps (“User Content”) are the sole responsibility of the person from whom such content originated. Happy Pixel does not guarantee the accuracy, quality, or integrity of User Content provided through the Apps. You agree that Happy Pixel is not liable for User Content, including errors in User Content or losses or damages resulting from the use of User Content.

You represent and warrant that the User Content you submit or transmit originates from you and that you own all rights, claims, and interests, including intellectual property rights, in such content, including the right to grant all rights and licenses in these terms without Happy Pixel incurring obligations or liabilities to third parties.

You grant Happy Pixel a worldwide, irrevocable, perpetual, non-exclusive, transferable, fully paid-up, and royalty-free license (with the right to sublicense) to use, reproduce, adapt, modify, distribute, license, sell, transfer, publish, publicly perform, transmit, stream, broadcast, and otherwise exploit the User Content you submit and all derivative works. To the extent permitted by applicable law, you hereby waive all moral rights in the User Content. User Content is not confidential and will not be returned to the user.

Happy Pixel reserves the right, at its sole discretion, to remove and/or permanently delete User Content from the Apps.

6. Errors

Happy Pixel makes reasonable efforts to ensure that there are no errors or inaccuracies in the Apps regarding pricing and your purchase and use of the Apps.

7. Paid Features

Some of our Apps offer paid features, which may include subscriptions, products, and other services or virtual items. You can “buy” or “earn” these paid features in our Apps. All terms of these terms and conditions for using the Apps also apply to the use of paid features.

• Pricing: Prices are indicated at the time of purchase and may vary by country. The same paid features may be offered by third parties at different prices. Prices and availability are subject to change without notice.
• Risk of Loss: The risk of loss or damage to paid features passes to you upon electronic transmission of the paid feature to you.
• Subscriptions: Subscriptions provide access to certain services, software, and content available to subscribers. These subscriptions are tied to your account and are non-transferable.
• Automatic Renewals and Payments: If automatic renewal is enabled, your subscription will automatically renew at the end of the current subscription term at the then-current price.

8. Refund

Happy Pixel is entitled to cancel a payment and refund you if we believe a purchase is incomplete or fraudulent. Refunds are processed through the App Store where the original purchase was made.

9. Payment Methods

The payment methods accepted by Happy Pixel include those offered by the respective App Store provider at the place of purchase within the App.

10. Disclaimer of Warranties and Limitation of Liability

Happy Pixel is liable only for damages caused by intentional or grossly negligent behavior of Happy Pixel, its legal representatives, or agents. For slight negligence, Happy Pixel is liable only for breaches of essential contractual obligations. In such cases, liability is limited to foreseeable damage. Happy Pixel’s liability for damages arising from injury to life, body, or health is not affected.

11. Data Loss

Happy Pixel is not liable for data loss if the user has not performed regular data backups, ensuring that lost data can be restored with reasonable effort.

12. Disclaimer of Warranty

Happy Pixel provides the Apps and all paid features “as is.” There is no guarantee that access to the Apps will be uninterrupted, reliable, or error-free.

13. Third-Party Advertising

Happy Pixel may generate revenue from third-party advertising in the Apps. By using the Apps, you may encounter third-party ads and offers for virtual items from these advertisers.

14. Third-Party Links

Links in the Apps may direct you outside of Happy Pixel's Apps to third-party websites. Happy Pixel is not responsible for the content or policies of these third-party websites.

15. Termination or Suspension of Your Account

Happy Pixel reserves the right to terminate or suspend your use of the Apps at its sole discretion, especially if you violate these terms.

16. Transfer of Rights and Obligations

Happy Pixel may transfer its rights and obligations under these terms to third parties, including through sublicensing or transfer of rights.

17. Third-Party Rights

You acknowledge that if the App was downloaded or purchased from an App Store, the respective App Store providers are third-party beneficiaries of these terms.

18. Governing Law

These terms are governed by Portugal law. If you reside in the European Union, your statutory consumer rights remain unaffected.

19. Amendments

Happy Pixel reserves the right to modify these terms at any time. If changes are made, you will be notified in the Apps or through other communication means.

19. Governing Law and Jurisdiction

These terms and conditions are governed by and construed in accordance with Portugal substantive law, unless mandatory consumer laws of another country apply. Any disputes arising out of or in connection with these terms and conditions will be decided by the Portugal courts. However, consumers may also have the right to bring an action before a court at their place of residence.

20. Alternative Dispute Resolution

Happy Pixel is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

21. Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/consumers/odr. Consumers have the option to use this platform to resolve their disputes. However, Happy Pixel is neither willing nor obliged to participate in such a procedure.

22. Severability Clause

Should any provision of these terms and conditions be found wholly or partially illegal, invalid, or unenforceable by a competent court or administrative authority, that provision or part thereof will be considered not part of these terms and conditions. The validity and enforceability of the remaining provisions will remain unaffected.

23. Complaints and Disputes

Please contact us immediately using our contact details if you: (a) have any questions, complaints, claims, or concerns regarding content in our Apps, our paid features, or Happy Pixel in general; or (b) believe that an act or omission by Happy Pixel or one of our players violates applicable law. Happy Pixel will review your concerns and decide whether to take action and whether a player has violated these terms. Happy Pixel will endeavor to inform you of the outcome of the review within a reasonable time after receiving your complaint. Both parties acknowledge that the App Store providers have no obligation to investigate, settle, defend, or dismiss disputes concerning the intellectual property of the Apps. The right to object to a defect in the Apps or virtual items expires after three years.

24. Amendment of Terms and Conditions

Happy Pixel reserves the right to change or supplement these terms and conditions at any time with effect for the future, as necessary due to changes in the legal or regulatory framework, technical developments, or other comparable reasons. Happy Pixel will inform users of changes to the terms in an appropriate manner in good time. This may be done, for example, by a notification within the App, by email, or by a notice on the website.

Users have the right to object to the changes within 30 days of receiving the notification. Objections must be made in writing to support@martingo.studio. If the user does not object within the period, the changed terms are considered accepted. If the user objects to the changes, Happy Pixel is entitled to terminate the contract with the user at the time the amended terms take effect.

25. Entire Agreement

These terms and conditions constitute the entire agreement between us regarding the matters described herein and exclude all other terms and conditions.