Terms of Service

These Terms of Service (the "Terms") are a legally binding agreement between you and Pewter Software Ltd for your use of Cow Clicker. Please read them carefully. Section 6 explains your purchases and your cancellation rights. Section 10 explains reminder notifications. Sections 15 and 16 limit our liability, and section 19 says which law and courts apply.

The current version is always at pewtersoftware.co.uk/cowclicker/tos. You can open it in the app from Settings → Account & Privacy → About & legal.

Nothing in these Terms takes away rights you have as a consumer that the law says can't be excluded or limited. Where a term below would do that, it doesn't apply to you to that extent.

1. The short version

This summary is for convenience. The full Terms below are what bind you and us.

• You must be 16 or older to play.
• You sign in with Google or Apple. One account per person, and it's yours alone.
• Your cow takes one tap every six hours. Our server keeps the time, not your phone. Missed taps don't build up.
• Your display name, cow's look, title, tap totals and rank are public to other players on the leaderboards.
• Every purchase is a one-time purchase made through the App Store or Google Play. There are no subscriptions and nothing renews.
• Items and skips are a licence to use in the game. They have no cash value and can't be sold, swapped or moved to another account.
• When you buy, the item is delivered straight away, so you lose the 14-day right to cancel (section 6.6). Your other consumer rights stay.
• Reminders can be late, missing or blocked by your phone. Don't rely on them (section 10).
• Ads are optional. Watching a rewarded ad can shorten your cooldown.
• No cheating, bots, offensive names or harassment. Breaking the rules can cost you your account.
• You can delete your account at any time in the app.
• The laws of England and Wales apply, and the courts of England and Wales decide disputes, subject to section 19.

2. About us and these Terms

2.1 Who we are

In these Terms, "we", "us" and "our" mean Pewter Software Ltd. "You" means the person using Cow Clicker.

2.2 What these Terms cover

These Terms cover the Cow Clicker mobile app for iOS and Android, your account, and everything in it: the game, the leaderboards, friends and pokes, reminders, virtual items, skip credits, purchases, rewarded ads, and our servers and support (together, the "Service").

2.3 Other documents that form part of these Terms

• Our Privacy Policy (pewtersoftware.co.uk/cowclicker/privacy) explains how we use your personal data. It isn't a contract, but you should read it alongside these Terms.
• Community Rules in section 8 are part of these Terms.
• Promotion rules: if we run an event, competition or reward, its own rules apply as well (section 12.3).
• App store terms: Apple's or Google's terms also apply to your download and your payments (section 17). Schedule 1 sets out extra terms that apply if you got the app from Apple's App Store.

If these Terms conflict with promotion rules, the promotion rules win for that promotion. If these Terms conflict with Schedule 1, Schedule 1 wins for App Store users.

2.4 Language

These Terms are in English, and the English version governs. Any translation is for convenience.

3. Accepting these Terms, and changes

3.1 How you accept

You accept these Terms when you tick the box that says you're 16 or older and agree to the Terms of Service and Privacy Policy, and tap continue, during setup in the app. If you don't agree, don't use the Service. You can sign out or delete your account instead.

3.2 Changes to these Terms

We may change these Terms to reflect changes to the Service, the law, or how we run things.

• Important changes. If a change materially affects your rights or obligations, we'll show you the new Terms in the app, and you'll need to accept them before you can carry on playing. If you don't accept them, you can stop using the Service and delete your account. Your purchases are then dealt with as section 6.9 says.
• Minor changes. Changes that don't disadvantage you, such as clarifications, corrections or new contact details, take effect when we publish them. The "Effective date" at the top shows when the Terms last changed.

A change doesn't apply to any dispute that started before the change took effect.

4. Who can use Cow Clicker

4.1 Age

You must be 16 or older to use the Service. When you accept these Terms, you confirm that you are. If we learn that a player is under 16, we'll close and delete the account (section 14.3).

4.2 Other conditions

You may only use the Service if:

• you can make a binding contract with us;
• the law where you live allows you to use it;
• you haven't been banned from the Service before, unless we've agreed in writing that you can come back; and
• you aren't located in a country subject to a UK, EU, UN or US government embargo, and you aren't on any UK, EU, UN or US list of prohibited or restricted parties.

5. Your account

5.1 Signing in

You sign in with your Google account or your Apple ID. Your first sign-in creates your Cow Clicker account. Your Google or Apple account is governed by that company's own terms.

5.2 One person, one account

• Your account is personal to you. You may not share it, sell it, buy someone else's, or let anyone else use it.
• You may hold only one account.
• You can use your account on more than one device. If you tap on two devices in the same cooldown, only the first accepted tap counts.

5.3 Keeping it secure

You're responsible for keeping your Google or Apple account and your devices secure, and for everything done through your account, unless it was done without your permission and you weren't careless. Tell us straight away at pewtersoftware@gmail.com if you think someone else has used your account.

5.4 Deleting your account

You can delete your account at any time in Settings → Account & Privacy → About & legal → Delete my account. Deletion is immediate and permanent. It removes your profile, cow, progress, cosmetics, unused skip credits, items you bought, friends and rankings, and they can't be restored. Your past taps stay in the anonymous worldwide total.

Deleting your account doesn't cancel or refund anything with Apple or Google. Refunds are covered in section 6.7.

5.5 Inactive accounts

If you haven't opened Cow Clicker while signed in, signed in, or tapped for 12 months, we may delete your account. We won't delete an account for inactivity if it has ever bought anything (other than a purchase that was later refunded). Where we can, for example with a notification on your device if you've allowed notifications, we'll warn you about 30 days before.

6. Purchases, virtual items and skip credits

6.1 One-time purchases only

Everything you can buy in Cow Clicker is a one-time purchase. There are no subscriptions, no memberships, no automatic renewals and no recurring charges. You're charged once, at the time you buy. If we ever offer a subscription, we'll only do so under new terms that you'll be asked to accept first.

6.2 What you can buy

The shop sells:

• skip credits: each credit ends your current cooldown straight away. A credit can only be used while a cooldown is running. Skip credits don't expire; and
• cosmetic items: looks for your cow. Cosmetics never affect scoring.

We may also offer bundles that combine credits and cosmetics. The shop shows what each product includes before you buy.

6.3 Apple and Google take the payment

All purchases are made and paid for through the Apple App Store or Google Play using their billing systems and under their terms. Apple or Google is the seller of record and processes your payment. We never see or store your card or payment details. The price, in your local currency, is shown by the store before you confirm, and includes any taxes the store collects.

Your purchase contract for payment is with Apple or Google. Your licence to use what you bought in the game is with us, under these Terms.

6.4 Delivery

When the store confirms your payment, our server adds the item or credits to your account. This usually takes a few seconds but can occasionally take longer. If a purchase hasn't appeared after a few minutes, use Restore purchases in the shop or in Settings, or contact us.

6.5 What you're actually getting

Skip credits, cosmetics and anything else you buy or earn in the game ("Virtual Items") are digital content. When you get a Virtual Item, we give you a limited, personal, non-transferable, non-sublicensable, revocable licence to use it within the Service, under these Terms. You don't own Virtual Items, and they aren't money or property. In particular, Virtual Items:

• have no cash or monetary value;
• can't be exchanged for money, goods or anything outside the game;
• can't be traded, gifted, sold or transferred, including between your own accounts; and
• are not refundable by us, except as section 6.7 or the law requires.

Any sale or transfer of a Virtual Item or account outside the Service is void, and is a breach of these Terms.

6.6 Your 14-day right to cancel, and why it ends when you buy

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give consumers in the UK a 14-day right to cancel many purchases made online. Equivalent rules apply in the European Union. For digital content that isn't on a physical medium, that right is lost once supply begins, if the consumer asked for immediate supply and acknowledged they'd lose the right.

Every Cow Clicker purchase is delivered to your account as soon as the store confirms it. So, by completing a purchase you:

1. expressly ask for the digital content to be supplied immediately, before the 14-day cancellation period ends;
2. acknowledge that you lose your right to cancel once supply has begun; and
3. agree that supply begins when the item or credits are added to your account.

This doesn't affect:

• any refund or cancellation right that Apple or Google gives you under its own terms, which is often more generous than the law requires; or
• your rights under the Consumer Rights Act 2015 if the digital content is faulty (section 15.2).

6.7 Refunds

Refunds are handled by Apple or Google, not by us, because they took your payment. Request one through the App Store (reportaproblem.apple.com) or Google Play (your order history). If you have a problem with a purchase, contact us first and we'll help.

If a store refunds a purchase, or a payment is reversed or charged back:

• we remove the Virtual Item. If it was equipped, your cow goes back to its default look in that slot;
• we remove any unused skip credits from that purchase. Credits you've already used stay used, and your balance never goes below zero; and
• if you request refunds or chargebacks for items you've received and kept using, or in bad faith, that's fraud under section 13.1.

6.8 Changes to items

We may change how a Virtual Item looks or works, or stop selling it, at any time. If you already own an item, you keep it unless we must remove it under these Terms (a refund, a ban under section 13, account deletion, or the end of the Service). If we change an item you paid for, the change won't make it materially worse, unless the law requires it or it's needed for security or a technical reason. Seasonal or limited items you own stay yours after their sale window closes.

6.9 When you lose Virtual Items

You lose your Virtual Items, including ones you paid for, when:

• you delete your account (section 5.4);
• we close your account under section 13, in which case section 13.4 applies; or
• the Service ends (section 14.2).

Restoring purchases only works for the account that made them. You can't move items to another account.

6.10 Test purchases

Purchases made in an app store's test (sandbox) environment are for authorised testers only. We may remove anything granted through a test purchase at any time.

7. The game

7.1 How it works

• Each accepted tap scores 1 point and starts a cooldown of six hours, measured by our server's clock. Your phone's clock has no effect.
• Missed taps don't build up. If your cow is ready for a while before you tap, that time is not added back.
• If the same tap is sent twice, or two devices tap at once, it scores once.
• Leaderboards run all-time, monthly and yearly, using calendar months and years in UTC (Coordinated Universal Time). The monthly board resets at 00:00 UTC on the 1st of each month, and the yearly board at 00:00 UTC on 1 January. Players on the same score share a rank.

7.2 Ranks and totals may be approximate

Leaderboards and ranks are rebuilt every few minutes, so what you see may be delayed or approximate. The worldwide total counts every tap ever made, including taps by accounts that have since been deleted or banned.

7.3 We may correct or change the game

The game is for entertainment. To keep it fair and working, we may at any time:

• correct, reset or remove scores, ranks, taps or Virtual Items that were gained through a bug, error, cheating or a breach of these Terms;
• change game settings, such as ad reward sizes and limits, unlock targets, the items in the shop and what each product includes; and
• add, change or remove features, leaderboards, items and events.

We'll act reasonably and won't make a change that removes something you paid for, except as section 6.8 or 6.9 allows. We aren't obliged to keep any particular feature.

7.4 Milestone and earned items

Some cosmetics unlock when you reach targets, such as taps you've made, ads you've watched or the worldwide total. These are Virtual Items under section 6.5. We may correct an unlock that happened because of a bug or a breach of these Terms.

8. Community Rules: names, friends and conduct

8.1 What other players see

Cow Clicker has limited social features. There is no chat, no messaging, no profiles or bios, and no way to upload images.

• Everyone signed in can see your display name, title, equipped cosmetics, tap totals and rank when you appear on a leaderboard.
• Your friends also see your friend code, your cow's name and your taps this month.
• Anyone with a pending friend request with you sees your display name, cow name and friend code.

The Privacy Policy explains this in more detail.

8.2 Display names

Your display name is the only text you write that other players can see. Names are 3–24 characters, must be unique, and are checked against a filter when you set them. You may change your name a limited number of times a day.

Your display name must not:

• be offensive, obscene, sexual, hateful, discriminatory, harassing, threatening or violent;
• pretend to be us, our staff, a moderator, or another person or player;
• contain someone's real full name, phone number, address or other personal information, including your own;
• infringe anyone's trademark, copyright or other rights;
• advertise, promote or link to anything; or
• try to get around our filter, for example with look-alike letters, spacing or coded spelling.

Cow names are chosen from a fixed list.

8.3 Friends and pokes

• Your friend code lets other players send you a friend request. Only share it with people you want to hear from.
• Pokes are a fixed, pre-written message that one friend can send another, at most once every six hours per friend. You can't write your own text in a poke.
• You can remove a friend at any time. This ends the friendship and removes the poke history for both of you.

You must not use friend requests or pokes to spam, pester, harass or intimidate anyone, for example by sending repeated requests to someone who has declined you.

• After someone declines your request, you can't send them another for 24 hours.
• You can get a new friend code at any time, once a day, from the Friends tab. Your old code stops working and requests waiting for you are cleared. Your friends stay.

8.4 Fair play

You must not:

• use bots, scripts, auto-clickers, macros, emulators or any automation to tap, watch ads or play;
• use a modified, hacked or unofficial version of the app, or tamper with its code or data;
• access our servers or API other than through the official app, or scrape data from the Service;
• exploit a bug or error for advantage. Please report bugs to us instead;
• create or use more than one account, or use other people's accounts, to gain an advantage;
• share, sell, buy or rent accounts or Virtual Items;
• commit purchase fraud, or abuse refunds or chargebacks;
• interfere with the Service, overload it, probe or test its security, or attempt to gain unauthorised access to it or to anyone's account; or
• use the Service for anything unlawful, or encourage or help anyone else to break these rules.

8.5 Reporting and hiding names

You can report another player's display name by pressing and holding their row on a leaderboard. Reporting also hides that player on your device straight away. You can unhide players in Settings → Account & Privacy.

Each player can report a given name once, and there's a daily limit on reports. Reports are never shown to the player you report.

To report anything else, such as harassment through friend requests or pokes, cheating, or a name you can't report in the app, email pewtersoftware@gmail.com with the player's display name or friend code and what happened.

8.6 How we moderate

We use a mix of automated tools and human review:

• Automatic name filter. When you set a name, an automatic filter checks it against a list of offensive words and reserved names. A name that fails is rejected, and you can choose another.
• Automatic name reset. If enough established players report the same display name (at present, 20 reports from accounts that are at least 7 days old and have made at least 10 taps), the name is automatically replaced with a default name made from your cow's name, and you can't change it for 7 days. We may change these numbers to keep the system fair.
• Human review. We review reports, complaints and other information, and decide on the measures in section 13. Bans are always decided by a person.

We may also reject, change or reset any display name that breaks these rules, at any time. Where we take action against you, we'll tell you what we did and why, unless the law prevents it or it would compromise safety or an investigation. If your name is reset after reports, the app tells you the next time you open it.

8.7 Your display name: rights and licence

You keep any rights you have in your display name. You give us a worldwide, royalty-free, non-exclusive licence to store, copy, display and distribute your display name, cow name, title, cosmetics, scores and ranks within the Service (including leaderboards, monthly and yearly results and friends' lists) for as long as your account exists. After you delete your account, we stop displaying them, apart from short-lived copies that clear when leaderboards next refresh. We won't use your display name in advertising or promotion outside the app without asking you first.

You confirm you have the right to use the display name you choose.

9. Rewarded ads

9.1 Ads are optional

Cow Clicker only shows ads when you choose to watch one. There are no banner or pop-up ads. Ads are served by Google AdMob. We don't create or control the content of ads, and we aren't responsible for the advertiser's products, websites or claims. Your choices about ad personalisation and tracking are explained in the Privacy Policy and can be changed in Ad privacy options in Settings, where offered.

9.2 Rewards

Watching a rewarded ad to the end while a cooldown is running shortens your cooldown, and counts towards ad-watching milestone cosmetics. The reward is shown before you choose to watch.

• You only get a reward if the ad finishes and Google's server confirms it to us. Closing an ad early, losing your connection, or a failed confirmation means no reward.
• There are limits on how many rewarded ads count in an hour and in a day. Ads watched over the limit don't earn a reward.
• We may change the reward, the limits, or stop offering rewarded ads at any time.
• Ad rewards are Virtual Items under section 6.5.
• Ads may not always be available, for example in your region or when no ad is available to show.

9.3 No ad fraud

You must not use ad blockers to fake completion, emulators, automation, multiple devices or accounts, or any other method to claim rewards without genuinely watching ads. If you do, we may remove the rewards and take action under section 13.

10. Reminder notifications

10.1 What reminders are

If you turn them on, Cow Clicker can schedule tap reminders on your device, and separate "nudge me if I've been away" reminders. They're scheduled by your device's own operating system, not sent from our servers. Reminders are off until you turn them on, and they don't go off between 10pm and 8am in your phone's local time. You can turn them off in Settings → Notifications or in your phone's settings at any time.

Reminders are an optional convenience. They aren't part of the game rules, and they don't affect your score, your cooldown or your rank.

10.2 Reminders may be late, missing or blocked

We don't promise that any reminder will arrive, or arrive on time. Because reminders are delivered by your device, they can be delayed, grouped, silenced, dropped or never shown for reasons outside our control, including:

• notification permission being off, or later turned off, for Cow Clicker;
• Focus, Do Not Disturb, Sleep, silent or low-power modes, battery optimisation or background restrictions;
• limits the operating system places on scheduled notifications;
• your device being switched off, out of battery, restarted, updated, or its storage being full;
• changes to your device's date, time or time zone;
• signing out, reinstalling the app, clearing its data, or moving to a new device, which cancels reminders on that device;
• the quiet hours in section 10.1, which hold reminders back overnight;
• our reminder timing being deliberately approximate. A "ready" reminder may arrive up to several minutes after your cow is ready; and
• errors in your device's operating system, manufacturer software or the app.

Reminders on one device are set separately from your other devices.

10.3 You're responsible for tapping

The server's cooldown, not a reminder, decides when your cow can be tapped. The time shown in the app is the one that counts. It's your choice when, and whether, to tap.

To the fullest extent the law allows, we aren't responsible for any loss that results from a reminder being late, missing, blocked, duplicated or arriving when your cow isn't ready, including a missed or delayed tap, a lost streak or milestone, a lower score or rank, or a missed result. We won't restore taps, scores, ranks or items, or give compensation, because of a reminder problem. This doesn't limit your rights under section 15.2 if the app itself is faulty.

10.4 Future notifications

We may later add notifications sent from our servers, for example about friend requests, pokes or leaderboard news. If we do, they'll be off unless you turn them on, we'll update the Privacy Policy first, and section 10.2 and 10.3 will apply to them in the same way: delivery through Apple and Google's notification services isn't guaranteed either.

11. Our intellectual property

11.1 Ownership

The Service, including the app, its software, the cow artwork, sounds, designs, text, the Cow Clicker name and logo, and all Virtual Items, is owned by us or our licensors and is protected by intellectual property laws. Except for the licences in these Terms, you get no rights in it.

11.2 Your licence to use the app

We give you a personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and use the app on devices you own or control, for your own non-commercial entertainment, in line with these Terms and the rules of the app store you got it from (and Schedule 1 if that's Apple).

11.3 What you may not do

Except where the law expressly allows it and can't be excluded, you may not copy, modify, adapt, translate, distribute, rent, lend, sell or sublicense the app or any part of the Service; reverse engineer, decompile or disassemble it; remove any copyright or other notices; or use it to build a competing product.

11.4 Third-party software

The app includes open-source and third-party software, used under their own licences. These are listed in the app at Settings → Account & Privacy → About & legal → About → Licences. Nothing in these Terms limits your rights under those licences.

11.5 Feedback

If you send us ideas, suggestions or feedback, we may use them freely, without paying you or crediting you.

12. Leaderboards, events and prizes

12.1 For fun

Leaderboards are for fun. There are no prizes, money or other real-world rewards for your rank unless we announce a specific promotion with its own rules.

12.2 Rank-based rewards are virtual

If we give rewards for leaderboard positions or events, they'll be Virtual Items with no cash value, under section 6.5.

12.3 Promotions

Any event, competition or promotion we run will have its own rules, which we'll publish before it starts. We may withhold or remove a reward gained by cheating or breaking these Terms.

13. Breaking the rules: our measures

13.1 When we may act

We may act if we reasonably believe that you, or someone using your account, has:

• broken these Terms, including the Community Rules in section 8;
• cheated, committed fraud, or abused purchases, refunds or chargebacks;
• put other players, us or the Service at risk; or
• done something that means we must act to comply with the law or a request from a regulator, court or app store.

13.2 What we may do

Depending on how serious and how frequent the problem is, we may:

• give you a warning;
• reset or change your display name, and lock renaming for a time;
• correct or remove scores, taps, ranks or Virtual Items gained improperly;
• remove you from leaderboards or results;
• limit features, such as friends, pokes or rewarded ads;
• suspend your account for a time; or
• permanently ban you and close your account.

Our response will be proportionate. We'll usually warn you first, but we may act without notice where the breach is serious, deliberate or repeated, or where notice would harm other players, an investigation or the Service.

13.3 Telling you, and appeals

Where we take a measure under section 13.2, we'll tell you what we did and the reason, unless the law prevents it or it would compromise safety or an investigation. A suspension or ban, and its reason, is shown in the app. If you think we got it wrong, email pewtersoftware@gmail.com within 6 months, with your display name or friend code and why you disagree. A person who wasn't involved in the original decision, where possible, will review it, and we'll reply within a reasonable time. If we find we were wrong, we'll reverse the measure and restore what we removed where we can.

This doesn't stop you from going to court or using any other route the law gives you.

13.4 Purchases when you're banned

If we permanently ban you because of a serious or repeated breach of these Terms, you lose your Virtual Items, including purchased ones, and we won't refund them. If a ban turns out not to have been justified, we'll restore your account and items, or, if that isn't possible, we'll offer you a fair remedy, which may include a refund of what you paid for the items you lost.

14. Ending the Service or your account

14.1 You

You can stop using the Service at any time, and delete your account in the app (section 5.4).

14.2 Ending or pausing the Service

We may temporarily suspend the Service for maintenance, security or technical problems. We'll try to keep these short.

We may stop offering the Service permanently. If we do:

• we'll give you at least 60 days' notice in the app;
• we'll stop selling Virtual Items as soon as we give notice; and
• when the Service ends, your account and Virtual Items will end too. Virtual Items have no cash value and we won't refund them, except where the law requires it.

If we have to end the Service sooner, for example because of a legal requirement or circumstances beyond our control (section 18.1), we'll give as much notice as we reasonably can.

14.3 Closing your account

We may close your account under section 13, or if you're under 16 (section 4.1). When we close an account of someone under 16, purchases are dealt with as the law requires, and a parent or guardian can contact us about refunds through the store.

14.4 What continues after the end

Sections 6.5, 6.7, 8.7 (for content already displayed), 11, 15, 16, 17, 19 and 20, and any other terms that by their nature should continue, survive the end of these Terms.

15. Your statutory rights

15.1 Nothing limits your consumer rights

If you're a consumer, the law gives you rights that these Terms can't take away. Nothing in these Terms affects those rights. For more information, contact Citizens Advice (www.citizensadvice.org.uk) or your local consumer authority.

15.2 If the app or a purchase is faulty

Under the Consumer Rights Act 2015, digital content you pay for must be of satisfactory quality, fit for purpose and as described. If it isn't, you may be entitled to a repair or replacement, or if that can't be done within a reasonable time and without significant inconvenience, to some or all of your money back. Please contact us first, and we'll put it right. If digital content we supply damages your device or other digital content because we didn't use reasonable care and skill, we'll repair the damage or compensate you.

15.3 Players outside the UK

If you live in the European Union, or another country whose laws give you consumer rights that can't be excluded, you keep the protection of those laws, whatever these Terms say.

16. Our responsibility to you

16.1 What we provide, and what we don't promise

We provide the Service with reasonable care and skill. Apart from that, and your rights in section 15, the Service is provided "as is" and "as available". To the fullest extent the law allows, we don't promise that:

• the Service will always be available, uninterrupted, timely or free of errors or bugs;
• any reminder or notification will be delivered or delivered on time (section 10);
• scores, ranks or leaderboards will be accurate at any given moment (section 7.2);
• any particular feature, item, leaderboard or event will continue; or
• the Service will work with every device, operating system version or network.

16.2 What we're not responsible for

To the fullest extent the law allows, we aren't responsible for:

• loss that wasn't reasonably foreseeable when you accepted these Terms;
• loss caused by your breach of these Terms, or by things outside our reasonable control (section 18.1);
• missed, delayed or lost taps, scores, ranks, milestones or results, including because of reminders, your connection, your device or a temporary outage;
• the services of Apple, Google, AdMob advertisers or other third parties (section 17);
• business losses. The Service is for personal, non-commercial use, so we aren't liable for any loss of profit, revenue, business, contracts or business opportunity.

16.3 Limit on our liability

Subject to section 16.4, our total liability to you for all claims arising from or connected with the Service or these Terms is limited to the greater of: (a) the total amount you paid for purchases in Cow Clicker in the 12 months before the event giving rise to the claim; and (b) £50.

16.4 What we never exclude or limit

Nothing in these Terms excludes or limits our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• your rights under section 15;
• compensation you're entitled to under data protection law, such as the UK GDPR; or
• anything else that can't be excluded or limited by law.

17. Apple, Google and other third parties

17.1 App store terms

You get the app through the Apple App Store or Google Play. Your use of the app must also follow that store's terms and usage rules. These Terms are between you and us, not Apple or Google. Apple and Google aren't responsible for the app or its content, except as Schedule 1 says for Apple. Payments are subject to the store's terms (section 6.3).

17.2 Other services

The Service relies on third-party services, including Google Sign-In and Sign in with Apple to sign in, Google AdMob for ads, and RevenueCat to confirm purchases. Each has its own terms and privacy policy. We aren't responsible for third-party services, and if one stops working or changes, parts of the Service may stop working too. If you lose access to your Google or Apple account, you may lose access to your Cow Clicker account.

18. General

18.1 Events beyond our control

We aren't responsible for delays or failures caused by events beyond our reasonable control, such as outages at our hosting, app store or sign-in providers, internet failures, cyber attacks we couldn't reasonably prevent, natural disasters, war, strikes or government action. If this happens, we'll tell you where we can and try to limit the effect.

18.2 Transferring this agreement

We may transfer our rights and obligations under these Terms to another organisation, for example if we sell the business or the app. We'll tell you, and make sure the transfer doesn't reduce your rights. You may not transfer your rights or obligations, or your account, to anyone else.

18.3 No third-party rights

Except for Apple under Schedule 1, no one other than you and us has any right to enforce these Terms, under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

18.4 Severability

If a court decides any part of these Terms is invalid or unenforceable, the rest stays in full effect.

18.5 No waiver

If we don't insist on something straight away, or delay acting, that doesn't mean we've given up our rights.

18.6 Entire agreement

These Terms, and the documents in section 2.3, are the whole agreement between you and us about the Service. They replace anything earlier. Nothing in this section limits liability for fraud.

18.7 Notices

We may contact you in the app, through a notice in the Service, or at the email address linked to your Google or Apple account. You can contact us at pewtersoftware@gmail.com or by post to the address in section 2.1.

19. Disputes, governing law and courts

19.1 Talk to us first

If you have a complaint, please email pewtersoftware@gmail.com first. We'll aim to reply within 14 days and try to resolve it fairly.

19.2 Governing law

These Terms, and any dispute or claim (including non-contractual disputes or claims) arising from or connected with them or the Service, are governed by the laws of England and Wales.

19.3 Courts

The courts of England and Wales have exclusive jurisdiction over any such dispute or claim, except as follows:

• if you live in Scotland or Northern Ireland, you may also bring proceedings in your local courts;
• if you live in the European Union or another country where the law gives consumers the right to sue, or to be sued only, in their home courts, that right applies; and
• choosing the law of England and Wales doesn't take away the protection of any mandatory consumer law of the country where you live (section 15.3).

20. Contact us

Schedule 1: Additional terms for apps downloaded from the Apple App Store

If you downloaded Cow Clicker from Apple's App Store, the following terms also apply, and override anything inconsistent in the Terms above.

1. Acknowledgement. These Terms are between you and Pewter Software Ltd only, not with Apple Inc. or its subsidiaries ("Apple"). Pewter Software Ltd, not Apple, is solely responsible for the app and its content. These Terms don't give you usage rules that conflict with Apple's Usage Rules in the Apple Media Services Terms and Conditions (the "Usage Rules").
2. Scope of licence. Your licence to use the app is limited to a non-transferable licence to use it on any Apple-branded products that you own or control, as permitted by the Usage Rules, except that the app may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing, where the Usage Rules allow.
3. Maintenance and support. Pewter Software Ltd is solely responsible for providing maintenance and support for the app, as set out in these Terms or as required by law. Apple has no obligation at all to provide maintenance or support for the app.
4. Warranty. Pewter Software Ltd is solely responsible for any product warranties, whether express or implied by law, to the extent they aren't effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation at all for the app, and any other claims, losses, liabilities, damages, costs or expenses from any failure to conform to a warranty are Pewter Software Ltd's sole responsibility.
5. Product claims. Pewter Software Ltd, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including: (a) product liability claims; (b) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation. These Terms don't limit Pewter Software Ltd's liability to you beyond what applicable law permits.
6. Intellectual property rights. If a third party claims that the app, or your possession and use of it, infringes that third party's intellectual property rights, Pewter Software Ltd, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
7. Legal compliance. You confirm that (a) you aren't located in a country subject to a US Government embargo, or designated by the US Government as a "terrorist supporting" country; and (b) you aren't listed on any US Government list of prohibited or restricted parties.
8. Developer name and address. Questions, complaints or claims about the app should be sent to Pewter Software Ltd, 203 West Street, Fareham, England, PO16 0EN, pewtersoftware@gmail.com.
9. Third-party terms. You must comply with any applicable third-party terms of agreement when using the app, such as your mobile network or internet provider's terms.
10. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and when you accept them, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.