Spiky Sweeper — Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Spiky Sweeper mobile application and related services (collectively, the "Service"), operated by PraserGames LLC. The Service is a competitive, asynchronous grid-logic puzzle game in which you play a pre-generated board and race against another player's recorded run.

Please read these Terms carefully. By using the Service you agree to be bound by them. They include a binding arbitration agreement and a class-action waiver in Section 11 that affect your legal rights.

1. Acceptance of the Terms

By downloading, installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree to these Terms, do not use the Service.

You may begin using the Service with an anonymous, device-bound account without creating a profile. Continued use after any change to these Terms constitutes acceptance of the revised Terms, subject to Section 13 (Changes to These Terms).

2. Eligibility

You must be at least 13 years of age (or the minimum age of digital consent in your country, if higher) to use the Service. By using the Service, you represent and warrant that you meet this requirement. If you are under the age of majority in your jurisdiction, you may use the Service only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.

The Service is not directed to children under the applicable minimum age, and we do not knowingly collect personal information from them. If we learn that we have collected such information, we will delete it. If you believe a child under the applicable minimum age has provided us information, contact us at the address in Section 23.

3. License Grant

Subject to your compliance with these Terms, PraserGames grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Service on a device you own or control, solely for your personal, non-commercial entertainment.

This license does not transfer any ownership interest in the Service. All rights not expressly granted are reserved by PraserGames and its licensors. You may not: copy, modify, or create derivative works of the Service; reverse engineer, decompile, or disassemble the Service except to the extent that restriction is prohibited by applicable law; rent, lease, lend, sell, redistribute, or sublicense the Service; or remove any proprietary notices.

4. Prohibited Conduct

You agree not to misuse the Service. Without limiting the foregoing, you may not:

• violate any applicable law, regulation, or third-party right;
• access or attempt to access another player's account, data, or replays without authorization;
• interfere with, disrupt, overload, or impair the Service or its infrastructure, or circumvent any rate limits or access controls;
• use automated means (bots, scrapers, scripts) to access the Service except as expressly permitted;
• upload or transmit malware, or content that is unlawful, infringing, defamatory, harassing, hateful, or obscene;
• impersonate any person or entity, including through your display name; or
• use the Service to develop a competing product, or for any commercial purpose.

4.1 Anti-Cheat and Competitive Integrity

The Service is a competitive product whose rankings, ratings, and matchmaking depend on the integrity of recorded runs. You agree that you will not, and will not attempt to:

• fabricate, alter, tamper with, replace, or inject a recorded run ("replay") or any portion of its input timeline, timestamps, claimed result, or associated metadata;
• bypass, disable, spoof, or otherwise defeat the device-integrity attestation that verifies submissions originate from a legitimate, unmodified instance of the app;
• modify the app, run it in an emulated or rooted/jailbroken environment for the purpose of evading integrity checks, or use any tool, exploit, or modified client to gain a competitive advantage;
• manipulate, inflate, or deflate ratings or leaderboard standings, including through coordinated play, multiple accounts, or result-submission abuse; or
• exceed or circumvent the per-player, per-board, and per-window submission rate limits.

We use automated integrity controls — including device-integrity attestation and server-side rate limiting — and reserve the right to add server-side re-verification of submitted runs at any time. We may reject any submission that fails these controls, and any result, rating change, or leaderboard placement derived from a rejected, fabricated, or tampered submission may be reversed or removed. Violation of this Section is a material breach and may result in immediate suspension or permanent termination of your account under Section 12, with or without notice.

5. No Purchases

The Service is free; it contains no purchases, subscriptions, virtual currency, or paid features.

6. Intellectual Property

The Service, including its software, design, graphics, text, sounds, the Spiky Sweeper name, logos, and all related intellectual property, is owned by PraserGames or its licensors and is protected by copyright, trademark, and other laws. These Terms do not grant you any right to use PraserGames' trademarks, logos, or brand features without our prior written permission.

Pre-generated boards, the catalogue, ratings, leaderboards, and the matchmaking system are proprietary to PraserGames. Section 14 governs ownership of content you contribute.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, PRASERGAMES DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

PRASERGAMES DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT RATINGS, LEADERBOARDS, OR MATCHMAKING WILL BE FREE OF INACCURACY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PRASERGAMES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, PRASERGAMES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED US $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification

You agree to indemnify, defend, and hold harmless PraserGames and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law or third-party right, including any infringement of intellectual property or privacy rights; or (d) any content you submit, including replays and your display name.

10. Governing Law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of New Jersey, United States, without regard to its conflict-of-laws rules. Subject to Section 11, the state and federal courts located in New Jersey will have exclusive jurisdiction over any matter not subject to arbitration.

11. Dispute Resolution; Binding Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Except as set out below, you and PraserGames agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable consumer arbitration rules, rather than in court. The arbitration will be conducted in English, and judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. You and PraserGames agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims.

30-day right to opt out. You may opt out of this arbitration agreement within 30 days of the date you first accept these Terms by sending written notice to support@prasergames.com, including your account identifier and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor PraserGames may require the other to arbitrate, and disputes will be resolved in the courts identified in Section 10. Opting out of arbitration has no effect on any other part of these Terms.

Exceptions. Either party may bring an individual action in small-claims court, and either party may seek injunctive or equitable relief in court for infringement or misuse of intellectual property rights.

12. Termination and Service Changes

You may stop using the Service at any time, and you may request deletion of your account from in-app settings; we fulfill deletion as described in our Privacy Policy.

We may suspend or terminate your access, or modify, suspend, or discontinue the Service or any part of it, at any time, with or without notice — including if we reasonably believe you have violated these Terms (such as Section 4 or the anti-cheat provisions of Section 4.1), if required by law, or to protect the Service or other players. Except where immediate action is required to address fraud, abuse, a security risk, or a legal obligation, where reasonably practicable we will provide advance notice of a permanent discontinuation. Upon termination, the licenses granted to you end and Section 17 (Survival) governs which provisions persist.

If you would like a copy of the data associated with your account, you may request it from us at support@prasergames.com; we fulfill such requests manually. PraserGames will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, except as required by applicable law.

13. Changes to These Terms

We may modify these Terms from time to time. When we make material changes, we will update the "Last updated" date and version number above and provide reasonable notice through the Service or by other means before the changes take effect. Substantive changes are versioned with a changelog. Your continued use of the Service after the changes take effect constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

14. User-Generated Content

The Service records and stores content you create. This includes replays — the recorded timeline of your interactions during a run, with timestamps, the board identifier, the claimed result, and associated metadata — and your display name.

14.1 License to your content

You retain ownership of the content you create. By submitting content to the Service, you grant PraserGames a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, transmit, display, and otherwise use that content as necessary to operate and provide the Service. This includes serving your best ("canonical") replay to other players as an opponent run for the same board, and displaying your replays and display name within the Service. This license continues for content retained after account deletion only to the extent described in Section 14.3.

14.2 Display names

You may choose a display name, which must be unique across the player base and must not be unlawful, infringing, impersonating, offensive, or otherwise in violation of Section 4. New anonymous accounts receive a generated default name that you may edit; edits are rate-limited to discourage abuse. We may reclaim, change, or require you to change a display name that violates these Terms.

14.3 Retention and deletion of your content

When you request account deletion, we remove the content and account data associated with your account as described in our Privacy Policy. Anonymized, aggregate, or de-identified data that no longer identifies you may be retained.

14.4 Your responsibility for content

You are solely responsible for the content you submit and represent that you have all rights necessary to submit it and to grant the license in Section 14.1, and that the content does not violate these Terms or any third-party right.

15. Third-Party Platform Terms (Google Play)

The Service is distributed through the Google Play Store and your use is also subject to the Google Play Terms of Service and Google's applicable policies. To the extent these Terms conflict with the Google Play terms with respect to your acquisition or use of the app through Google Play, the Google Play terms control for that subject matter. Google is not a party to these Terms and is not responsible for the Service. The Service may rely on third-party platform services (including device-integrity attestation and crash reporting), each governed by its provider's terms.

16. Force Majeure

PraserGames will not be liable for any failure or delay in performing its obligations caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, power or network failures, or failures of third-party service providers or platforms.

17. Survival

Provisions that by their nature should survive termination will survive, including Sections 6 (Intellectual Property), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnification), 10 (Governing Law), 11 (Dispute Resolution), 14.1 and 14.3 (content license and retention), 18 (Severability), 19 (Entire Agreement), 20 (Waiver), 21 (Assignment), and 23 (Contact and Notices).

18. Severability

If any provision of these Terms is held invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

19. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms presented for specific features, constitute the entire agreement between you and PraserGames regarding the Service and supersede all prior or contemporaneous agreements on that subject.

20. Waiver

No waiver of any term of these Terms is effective unless in writing and signed by PraserGames, and our failure to enforce any right or provision will not constitute a waiver of it.

21. Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent, and any attempted assignment in violation of this Section is void; PraserGames may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

22. Copyright Complaints

PraserGames respects the intellectual property rights of others. If you believe content available through the Service infringes your copyright, report it to us at support@prasergames.com with enough detail to identify the work and the allegedly infringing material, your contact information, and a good-faith statement of your claim. We may remove allegedly infringing content and terminate repeat infringers.

23. Contact and Notices

Questions about these Terms, account-deletion requests, arbitration opt-out notices, and copyright complaints may be directed to PraserGames LLC at support@prasergames.com. We may provide notices to you through the Service, by email, or by other reasonable means.

Changelog