Terms of Service

Welcome to Swooping Birds! These Terms of Service ("Terms") are a binding agreement between you and Tech Artists ("we," "us," or "our") regarding your use of the Swooping Birds mobile game and any related services (collectively, the "Service"). By downloading, installing, or using Swooping Birds, you agree to these Terms. If you don't agree, please don't use the Service.

1. Acceptance of Terms

By downloading, installing, accessing, or using Swooping Birds, you agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of a minor, you represent that you are the parent or legal guardian and consent to these Terms on the minor's behalf.

2. Eligibility

You must be at least 13 years old to use Swooping Birds, or the minimum age required in your country to consent to data processing. If you are under the age of majority in your jurisdiction, you must have your parent or legal guardian's permission to use the Service.

3. Your License to Use Swooping Birds

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use Swooping Birds on Apple devices you own or control, solely for your personal, non-commercial entertainment.

You may not:

• Copy, modify, distribute, sell, lease, or sublicense any part of the Service.
• Reverse engineer, decompile, or attempt to extract the source code, except where this restriction is prohibited by applicable law.
• Use cheats, automation, exploits, bots, or unauthorized third-party software to interact with the Service.
• Use the Service in any way that violates applicable laws or these Terms.

4. Accounts & Game Center

Swooping Birds may integrate with Apple's Game Center for features like leaderboards and achievements. Your use of Game Center is also governed by Apple's terms. We do not create or manage Game Center accounts for you.

You are responsible for any activity associated with your device and Game Center identity while using Swooping Birds. Please keep your device secure.

5. Pricing, Ads & In-App Purchases

5.1 Free to Download & Play

Swooping Birds is free to download and play from the App Store, with all core gameplay features available without a paywall.

Advertising and in-app purchases apply from version 1.1 onward. Version 1.0 contains no advertising and no in-app purchases. Sections 5.2 to 5.4 describe version 1.1 and later.

5.2 Opt-In Rewarded Ads

The game offers optional rewarded advertisements — specifically, an offer to continue a flight after you crash in exchange for watching a short ad. Rewarded ads are always opt-in: you are never required to watch one to keep playing, the offer appears at most once per run, and we never show unskippable ads during a flight.

5.3 Between-Run Ads & Remove Ads (In-App Purchase)

After a 7-day ad-free trial, a short full-screen ad may appear between runs when you start a new flight from the game-over screen. If you prefer to skip these entirely, you may make a one-time, non-consumable in-app purchase ("Remove Ads") to permanently disable the between-run advertisements on your Apple ID. This purchase is not a subscription and does not auto-renew. The current price is shown in the App Store at the time of purchase and may vary by region.

All in-app purchases are processed by Apple through the App Store and are subject to Apple's Media Services Terms.

5.4 Advertising Partners & Tracking

Advertisements are served by third-party advertising networks. Those partners may collect limited data about your device and ad interactions, as described in our Privacy Policy. We request non-personalized ads and do not use the iOS Identifier for Advertisers (IDFA) for cross-app tracking, so no App Tracking Transparency prompt is shown.

5.5 Refunds

All purchase, refund, and billing matters are handled by Apple. To request a refund, please contact Apple Support directly via reportaproblem.apple.com. We do not directly process payments and generally cannot issue refunds on Apple's behalf.

6. User Conduct

You agree not to use Swooping Birds to:

• Violate any applicable law or regulation;
• Interfere with or disrupt the Service, servers, or networks;
• Attempt to gain unauthorized access to other users' accounts, devices, or data;
• Harass, threaten, or harm other users (if and when social features are added);
• Submit false, manipulated, or unauthorized scores to leaderboards.

7. Intellectual Property

Swooping Birds, including all artwork, audio, code, design, characters (the flock of bird species shared across the Tech Artists games), and trademarks, is owned by Tech Artists and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any rights to use our trademarks, logos, or branding without our prior written permission.

You may share screenshots and short gameplay videos of Swooping Birds on social media and content-sharing platforms for non-commercial purposes, provided you credit Swooping Birds / Tech Artists where reasonable.

8. Updates & Changes to the Service

We may release updates, patches, new features, or modifications to the Service at any time. Some updates may be required to continue using the Service. We may also discontinue features or the Service itself, with or without notice, though we'll do our best to give players a heads-up for significant changes.

9. Third-Party Services

Swooping Birds may use or interact with third-party services, including but not limited to:

• Apple (App Store, Game Center, payment processing);
• Ad networks (such as Google AdMob) for serving advertisements;
• Analytics or crash-reporting services we may add to improve the game.

Your use of those third-party services is governed by their respective terms. We are not responsible for the practices of third parties.

10. Disclaimers

SWOOPING BIRDS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TECH ARTISTS AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US, IF ANY, IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $25.

12. Indemnification

You agree to indemnify and hold Tech Artists harmless from any claims, damages, liabilities, or expenses (including reasonable legal fees) arising from your misuse of the Service, your violation of these Terms, or your violation of any rights of a third party.

13. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms or for any other reason at our reasonable discretion. You may stop using the Service at any time by deleting the app from your device.

14. Governing Law & Disputes

These Terms are governed by the laws of the State of Tennessee, United States, without regard to its conflict-of-laws principles. Any dispute arising under these Terms shall be resolved in the state or federal courts located in Tennessee, and you consent to the personal jurisdiction of those courts.

If you are a consumer based in the European Union or another jurisdiction with mandatory consumer protections, nothing in this section will override the rights granted to you under your local laws.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we'll update the "Last updated" date at the top of this page. Material changes will be communicated through the app or via our website. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

16. Contact Us

Questions about these Terms? Reach out — we're a small operation and we read every email.

Tech Artists
Email: techartists.support@gmail.com
Website: techartists.com · swoopingbirds.app