TERMS &
CONDITIONS.

These Terms and Conditions (the "Terms") form a binding legal agreement between you ("User" or "you") and Games Foundry S.L., a company incorporated under Spanish law, with tax identification number (CIF) B05791835 and registered office at C/ Isabel Colbrand 10, 4th floor, Office 112, 28050 Madrid, Spain ("we", "us" or the "Company").

The Company develops and publishes mobile games under the trade name Silly Monkeys, such as 2048, Duck Dash, Dunk Shot, Cannon Blast, Brick Breaker, Prism Pop, Ball Bounce, Solitaire, Word Trails, Block Stack and Pirate Hit, and any other game we publish under that brand (each, an "App", and together with their features and services, the "Platform"). These Terms apply to every App and govern your access to and use of them on any device. These Terms include and are inseparable from our Privacy Policy and any game-specific rules displayed within each App.

IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE THAT THESE TERMS INCLUDE A PROVISION WAIVING YOUR RIGHT TO PURSUE ANY CLASS, GROUP OR REPRESENTATIVE CLAIM AND REQUIRING YOU AND US TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION, UNLESS YOU OPT OUT WITHIN THE TIME FRAME SET OUT IN SECTION 11. SECTION 11 DOES NOT APPLY TO USERS RESIDING IN THE EUROPEAN UNION, THE UNITED KINGDOM OR SWITZERLAND (SEE SECTION 16).

By downloading, accessing or using any App, you confirm that you have read these Terms in their entirety and agree to be bound by them. If you do not agree with any provision of these Terms, you may not download, install or use the Apps.

The Apps are single-player games intended solely for entertainment and personal use. They may not be used for professional or commercial purposes without our express authorization, and may never be used for fraudulent, deceptive or criminal purposes.

The Apps are free to download and play. No purchase or payment of any kind is required to play or to progress in the games.

The system requirements and the full description of each App's features are available on the product page of the app store from which you downloaded it (the "App Store") and at https://sillymonkeys.app. The Company may introduce improvements, updates, technical changes, new content or modifications to the Apps at its discretion. You should use the most recent version of each App available at any given time.

The legal relationship between you and the Company is governed exclusively by these Terms. Any terms or conditions that deviate from them apply only with the Company's prior written consent.

Questions, incidents or complaints may be submitted through the channels provided within the Apps or by email to support@sillymonkeys.app.

You must be at least 18 years old, or the age of majority in your jurisdiction if higher, and have full legal capacity to use the Apps and accept these Terms. We may request documentation or additional information to verify your age or the ownership of your account.

An account is created automatically when you download and open an App, linked to your device or App Store identifier. Some features may allow you to sign in through third-party providers (such as Apple or Google) or to link your account to ChillGames (Section 5.3); in that case, we will receive from that provider the data needed to create or link your account. By creating an account, you accept these Terms and our Privacy Policy as in force at that time.

Each account is personal and non-transferable. Only one account per User is permitted for each App. Creating or using multiple accounts, sharing, selling or assigning accounts, or allowing another person to use your account is prohibited. You are responsible for protecting access to your devices and preventing third parties from using your account.

There is no right to use the Apps. Creating an account does not guarantee permanent access. The Company may reject a registration, restrict features, or suspend or close an account where there are indications of fraud, security risks, incorrect information or a breach of these Terms. Except where immediate action is needed for fraud, security or legal reasons, we will notify you before closing your account.

You may close your account at any time through the App settings or by contacting support@sillymonkeys.app. Once closure is completed, you will lose access to the account and to all data, Virtual Items and progress associated with it. The Company may, at its discretion, reactivate a closed account on request.

Each App is available as a separate application for compatible mobile phones and tablets through the Google Play Store and the Apple App Store. Use of the Apps requires an Internet connection, and we may collect certain information about the device you use ("Device"), such as hardware profile data and connection data, in order to make the Apps available to you. We do not guarantee that the Apps will operate on all Devices.

Single-player only. In the Apps you play on your own, against the objectives set by each game and your own previous results. You do not play against, and you are not ranked against, other Users for any prize. There are no matches against opponents, leagues, tournaments, prize leaderboards or entry fees of any kind.

Games of skill. All games in the Apps are games of skill. The outcome depends solely on your own performance, and there is no element of chance in determining whether a level or challenge is completed.

Each App has its own mechanics, which are explained within that App. Depending on the App, you may progress through levels, maps, challenges or rounds ("Levels").

Progress items. Some Apps use progress items, such as Gems, that you collect by playing and that are needed to complete a Level. For example, in some Apps you advance along a map and must collect the number of Gems indicated to complete each Level.

Unlockable content. Some Apps let you unlock content, such as Discoveries (new areas, characters, items or collectibles), after completing the number of Levels indicated in the App.

Daily milestones. Some Apps include a calendar or list of daily milestones that unlock additional in-game progress or content.

Game-specific rules, such as time limits, attempt limits or the number of Gems required, are displayed in each App before you start. The Company may add, modify, replace or remove Apps, Levels, items, content and milestones at its discretion. Changes will not remove progress you have already made, except in cases of technical error, fraud or breach of these Terms.

5.1. No real-world value. Progress items (such as Gems), unlockable content (such as Discoveries), milestones and any other virtual items or content in the Apps ("Virtual Items") have no monetary or real-world value. They cannot be sold, exchanged, transferred to another account or person, or redeemed for cash, gift cards, prizes or any other reward, and they are not currently offered for purchase (see Section 5.5). The Apps do not themselves offer any prize, cash or reward with real-world value.

5.2. License only. Virtual Items are licensed to you under Section 7, not sold or owned. You may lose them if your account is closed, if you uninstall an App without linking your account, or in cases of fraud, technical error or breach of these Terms.

5.3. ChillGames. ChillGames is a separate rewards application operated by Games Growth S.L.U., CIF B72941016, Calle Caléndula 95, Madrid, Spain ("Games Growth"), available on the Google Play Store and the Apple App Store ("ChillGames"). ChillGames complements certain games, including the Apps, and allows its users to take part in a rewards program for actively playing them. ChillGames users may earn coins in ChillGames for their activity in the Apps, such as time played or Levels completed, which may then be redeemed within ChillGames.

Games Growth is solely responsible, as provider and contractual counterparty, for ChillGames, including the granting, calculation, conversion and payment of any coins or rewards, under the ChillGames Terms and Conditions and Privacy Policy. The Company does not grant, guarantee or pay any reward, and you have no claim against the Company in connection with ChillGames rewards. You do not need to use ChillGames to play the Apps.

To make the rewards program possible, where you play the Apps through ChillGames, we share certain gameplay data and identifiers with Games Growth, as described in our Privacy Policy. If we detect a breach of these Terms in the Apps, such as cheating, bots, multiple accounts or manipulated identifiers, we may inform Games Growth, which may affect your participation in ChillGames under its own terms.

5.4. Future features. If the Company introduces new features in the future, they will be governed by these Terms and by any additional terms presented to you in the Apps, which you will need to accept before using them.

5.5. In-app purchases. The Apps are currently free and do not offer in-app purchases. The Company may introduce paid features in the future, such as lives, boosters or other Virtual Items. You will be informed in advance of the item, its price and the available payment methods, and you are never required to buy them. Purchases will be made and charged only through the App Store, whose terms will also apply. Purchased Virtual Items are licensed, not sold, may not be resold or exchanged, and may be lost if you delete the App or change devices without linking your account. Purchases are final and non-refundable, except as required by law or by the App Store's refund policy. Users in the European Economic Area, the United Kingdom and Switzerland may withdraw from a purchase within fourteen (14) days, provided the item has not been used; this right is lost once you expressly agree to immediate delivery and acknowledge that you lose it.

5.6. Advertising. The Apps are free and may be funded by advertising. They may display third-party advertisements, offers or links. The Company is not responsible for third-party products, services or offers, and any transaction with an advertiser is solely between you and that advertiser.

You must use the Apps lawfully, responsibly and respectfully. In particular, you must provide truthful and up-to-date information, protect access to your account, prevent third parties (including anyone under 18) from using it, notify the Company immediately of any unauthorized access, and comply with the rules displayed in each App.

The following is prohibited:

• Creating or controlling multiple accounts, or resetting device or advertising identifiers to appear as a new user.
• Using a VPN or any other tool to circumvent location restrictions.
• Sharing, buying or selling accounts.
• Transferring Virtual Items between accounts.
• Manipulating Levels, scores or progress.
• Using bots, scripts, macros, emulators or automated programs.
• Exploiting or attempting to exploit technical errors.
• Interfering with, overloading or attacking the servers or systems.
• Using software to analyze, reproduce or alter the operation of the games.
• Providing false information regarding identity, age or residence.
• Creating accounts on behalf of anyone under 18.
• Collecting or extracting information about the Apps or their Users, including through spyware or passive collection mechanisms.

You declare that you are not located in a territory subject to sanctions that legally prevent the provision of the service, and that you do not appear on any official list of restricted persons or entities. If the Company suspects that you are involved in fraudulent or illegal activity, or that you have breached these Terms, your access may be terminated and your account closed, without prejudice to any internal investigation or legal action.

The Apps and their content (software, graphics, characters, music, trademarks, etc.) are owned by or licensed to the Company and are protected by national and international intellectual property laws. Any unauthorized reproduction, distribution, public communication, transformation or other use is prohibited.

Provided that you comply with these Terms, the Company grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable and limited license to download and use the Apps (but not their source code) for your personal, private entertainment. Reverse engineering, decompiling or disassembling the Apps is prohibited except where permitted by law. These Terms do not grant you any right, title or interest in the Apps or their contents. Where use of the Apps is illegal in your jurisdiction, no license is granted.

Avatars, trophies, progress and other Virtual Items displayed in your account belong to the Company. You have no ownership or property rights in them, and their use is subject to the license above.

If an App allows you to submit content such as a username or avatar ("Content"), you guarantee that you have the right to do so, and you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce and display that Content in connection with the operation and promotion of the Apps.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS GROUP COMPANIES, SHAREHOLDERS, DIRECTORS AND EMPLOYEES AGAINST ANY CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING REASONABLE LAWYERS' FEES, ARISING FROM: (A) YOUR BREACH OF THESE TERMS; (B) YOUR VIOLATION OF ANY LAW OR THIRD-PARTY RIGHTS; OR (C) USE OF THE APPS THROUGH YOUR ACCOUNT, WITH OR WITHOUT YOUR AUTHORIZATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPS ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND NEITHER WE NOR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE APPS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (US$100). If you are a consumer residing in California, you waive your rights under California Civil Code § 1542. Some of these limitations may not be permitted where you reside; in that case, they will not apply to you to the extent prohibited. Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, intent or gross negligence, or any other liability that cannot be excluded by law.

The Company may interrupt access to the Apps at any time for technical, security or maintenance reasons or for causes beyond its control. The Company is not liable for interruptions, errors or malfunctions caused by force majeure, Internet providers, third parties, outdated software or your own conduct, nor for damage to your devices arising from use of the Apps.

Restricted jurisdictions. The Apps are not directed at jurisdictions where their use is prohibited or restricted. The Company may block access from certain jurisdictions at its discretion, including countries subject to international sanctions. Use or attempted use of the Apps from a blocked jurisdiction is prohibited and may result in loss of access, your account and your progress.

Complaints must be submitted to support@sillymonkeys.app or through the help section of the App before bringing any claim in arbitration or court. Your complaint should include your user ID, a brief description of the facts, the date they occurred and the relief requested. The Company will respond within a maximum of one (1) month.

The Company will not tolerate threatening, abusive or violent behaviour towards its employees and may suspend or close the account of any User who engages in it.

THIS SECTION APPLIES ONLY IF YOU RESIDE IN OR ACCESS THE APPS FROM THE UNITED STATES. PLEASE READ IT CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.

This Section is governed by the Federal Arbitration Act. Before initiating any formal proceeding, you and the Company agree to try to resolve any dispute informally for sixty (60) days after written notice sent to support@sillymonkeys.app, which must include your name, contact email, user ID, the legal basis of the claim and the relief requested.

If the dispute is not resolved within that period, it shall be finally resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration may be conducted remotely. The arbitrator shall have exclusive authority to decide all disputes relating to the interpretation, applicability, enforceability or formation of these Terms. Either party may instead bring an individual claim in small-claims court where it qualifies.

YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. Claims may not be consolidated without both parties' written consent.

You may opt out of this Arbitration Agreement within thirty (30) days of first accepting these Terms by sending written notice to support@sillymonkeys.app.

You may not transfer, assign or sublicense any rights or obligations under these Terms. The Company may assign these Terms, in whole or in part, to any group company or to a successor in connection with a merger, acquisition or sale of assets, provided that your rights are not reduced.

No waiver. The Company's failure to enforce any provision of these Terms is not a waiver of it.

Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force.

Force majeure. The Company is not liable for any failure to perform caused by events beyond its reasonable control.

Entire agreement. These Terms, together with the Privacy Policy and the rules displayed in each App, are the entire agreement between you and the Company regarding the Apps.

If you reside in the United States, these Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules, subject to Section 11. If you reside elsewhere, these Terms are governed by Spanish law, subject to Section 16.

These Terms may be available in several languages. In case of contradiction, the English version prevails, except where the law of your country of residence requires otherwise.

The Company may amend these Terms for legal, regulatory, technical or business reasons. We will notify you of material changes at least fifteen (15) days before they take effect, through the Apps or by email. If you do not agree with the changes, you may stop using the Apps and close your account. Continued use after the effective date means you accept the amended Terms. The current version is always available at https://sillymonkeys.app.

If you are a consumer residing in the European Union, the United Kingdom or Switzerland, the following applies and prevails over any conflicting provision:

• Section 11 (Arbitration and Class Action Waiver) does not apply to you.
• Nothing in these Terms deprives you of the protection of mandatory consumer law of your country of residence.
• You may bring proceedings before the courts of your place of residence or of the Company's registered office in Madrid, Spain.
• Sections 8 and 9 apply only to the extent permitted by applicable consumer law. The Company remains liable for intent and gross negligence, and for damage to life, body or health.
• If in-app purchases are offered, the right of withdrawal described in Section 5.5 applies.
• The Company does not participate in alternative dispute resolution procedures before a consumer arbitration body, unless required by law.

Games Foundry S.L. (Silly Monkeys) – C/ Isabel Colbrand 10, 4th floor, Office 112, 28050 Madrid, Spain – support@sillymonkeys.app