Terms of use
These terms govern your use of the game Scaleborn (the "Game") on iPhone, iPad and Android, including its online services, such as accounts, cloud saves and leaderboards. The Game is provided by DeViLink Software GmbH, Adolf-Kolping-Straße 33, 88433 Schemmerhofen, Germany ("we", "us"). Our full contact details are in the Imprint.
These terms are available in German and English. If the two versions differ, the German version prevails.
1. Agreement
By installing or playing the Game you accept these terms. If you don't agree with them, please don't use the Game.
The terms of the store you downloaded the Game from (Apple App Store or Google Play) also apply. Where they conflict with these terms for matters handled by the store, such as payment and refunds, the store's terms prevail.
2. Who may play
The Game is intended for players aged 16 and over. By playing you confirm that you are at least 16 years old.
3. Your account
Guest account. When you first start the Game, it automatically creates an anonymous guest account. Your progress, in-game currency and items are stored on our servers in this account. A guest account is tied to your device. If you uninstall the Game or change devices without creating an account first, you may lose access to it.
Account with sign-in. You can create an account with your email address or, where offered, sign in with Apple or Google. You must provide accurate information and keep your password secret. You are responsible for what happens in your account unless you are not at fault. Tell us right away at support@devilink.ai if you think someone else is using your account.
One person, own accounts. Accounts are personal. You may not sell, trade, give away or share your account, or use someone else's account.
4. Display names and conduct
Your display name is shown publicly, for example on leaderboards. It must not:
- be offensive, discriminatory, sexual, violent or otherwise inappropriate,
- impersonate another person, us or our staff,
- infringe other people's rights (such as trademarks or names),
- contain advertising, links or personal data such as phone numbers.
We may rename accounts whose name breaks these rules, and other players can report names to us.
When you play, you may not:
- cheat, use bots, scripts, modified clients or other tools that give an unfair advantage,
- manipulate scores, leaderboards, in-game currency, items or timers, or exploit bugs to do so. If you find a bug, please tell us instead,
- attack, overload, reverse-engineer or probe our servers or the Game, except where the law expressly permits it,
- use the Game for any unlawful purpose.
5. Virtual currency and items
The Game contains virtual currencies and items, such as gold, eggs, dragons, spells, upgrades and cosmetic items ("virtual items"). You can earn them by playing and, where offered, obtain them by watching rewarded ads or by buying them with real money.
- Virtual items are not money and have no monetary value. They can't be exchanged for real money, goods or services outside the Game, and they won't be refunded or paid out, except where the law requires it.
- When you obtain virtual items, you receive a limited, personal, non-transferable licence to use them in the Game. They remain our property and you don't own them.
- You may not sell, trade or transfer virtual items, inside or outside the Game, unless the Game expressly offers it.
- Our servers keep the authoritative record of your virtual items. If items are credited because of a bug, an outage, a failed purchase or a breach of these terms, we may correct your balance.
- We may change how the Game works, including the prices of virtual items in in-game currency, drop rates, hatching times and the strength of dragons and spells, to keep the Game balanced and fun. Such changes do not entitle you to a refund. This does not affect items you bought with real money and had not yet used, as set out in section 9.
6. Purchases with real money
You can buy virtual items, such as gold and eggs, through in-app purchases. Prices are shown in the store before you buy.
- The purchase is made with and processed by the store (Apple or Google). Its terms and payment methods apply, and it is responsible for payment and billing. We receive only a confirmation of the purchase so that we can credit the items to your account.
- The items are credited to the account you are signed in with when you buy. Purchases made in a guest account are lost if you lose access to that guest account. Create an account if you want to keep them safe.
- Right of withdrawal and refunds: Requests for refunds, including withdrawals under consumer protection law, are handled by the store you bought from, under its rules. Your statutory rights remain unaffected. Virtual items are digital content that is delivered immediately. Where the store asks you to consent to immediate delivery and to confirm that you know you then lose your right of withdrawal, your right of withdrawal expires once the items are delivered.
- If a purchase is refunded or charged back, we may remove the corresponding items, or an equivalent amount of in-game currency, from your account.
7. Advertising
The Game shows advertising. It may include banner and full-screen ads, and optional rewarded ads that give you in-game rewards for watching them.
- Watching rewarded ads is voluntary. The reward is credited once the ad network confirms that the ad was watched in full. We can't guarantee that an ad is available at all times, and there is no entitlement to a reward if no ad can be shown.
- Ads come from third parties. We do not control their content and are not responsible for the offers advertised.
- Whether ads are personalised depends on your choices. Details are in our Privacy policy.
8. Online services and availability
Some features need an internet connection and our servers, for example cloud saves, leaderboards, purchases and some economy features. We work to keep them available but can't guarantee uninterrupted availability. Maintenance, updates, outages and events beyond our control may interrupt them.
Leaderboards run in seasons. When a season ends, its rankings are archived and a new season starts. We may reset or correct leaderboards, for example after cheating or a bug.
You may need to install updates to keep playing online. We may change, extend or remove features if there is a valid reason, such as technical development, legal requirements or security, and the change is reasonable for you.
9. Ending the Game or your account
You can stop playing at any time and delete your account in the Game under Settings → Account → Delete account, or by emailing us (see Deleting your account). This also deletes your virtual items. Deleting your account does not cancel any store purchases.
We may suspend or delete an account if there is good cause, in particular a serious or repeated breach of these terms, such as cheating, manipulating the economy or an offensive name that the player keeps using after being renamed. Where reasonable, we will warn you first. If an account is deleted for a breach, virtual items in it are lost without compensation, unless the law provides otherwise.
If we discontinue the Game or its online services, we will announce it at least 60 days in advance, in the Game or on this website. We will stop selling virtual items for real money when we make the announcement.
10. Rights to the Game
The Game and all its content, including art, characters, music, text and software, are protected by copyright and other rights held by us or our licensors. You receive a personal, non-exclusive, non-transferable right to use the Game for private, non-commercial purposes in line with these terms and the store's terms. You may not copy, sell, rent or distribute the Game or its content, or modify it except where the law expressly allows it.
Some components are used under open licences: the Nunito font under the SIL Open Font License, and the Phosphor icons under the MIT License.
11. Liability
The Game is provided free of charge. We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz) and where we have given a guarantee.
For slight negligence, we are liable only for breach of an essential contractual obligation, meaning an obligation whose fulfilment makes proper use of the Game possible in the first place and on which you can regularly rely. In that case our liability is limited to the foreseeable damage typical for this kind of contract. Otherwise, liability for slight negligence is excluded.
For data loss, we are liable only for the effort that would have been needed to restore the data if it had been backed up properly.
These limitations also apply to our employees, representatives and agents.
12. Changes to these terms
We may change these terms if there is a valid reason, for example new features, a change in the law or court decisions, and the change is reasonable for you. We will inform you of changes in the Game or by email at least 30 days before they take effect. If you keep using the Game after that date, the new terms apply. If you don't agree, you can stop using the Game and delete your account at any time. We will point this out to you when we announce a change. Changes to the core obligations of these terms, such as the price of something you have already bought, need your explicit consent.
13. Privacy
How we handle your personal data is explained in our Privacy policy.
14. Final provisions
These terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this does not take away the protection of the mandatory consumer protection laws of the country where you habitually live.
We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
If any provision of these terms is invalid, the rest of the terms remain valid.