Terms of Service

1. Scope and Acceptance

These Terms of Service ("Terms") govern your access to and use of the ChillTank website, browser game, and related services (collectively the "Service"), operated by Ramón de Smit ("we", "us", "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 13 years of age to use the Service. If you are between 13 and the age of majority in your jurisdiction, you must have parental or guardian consent. By using the Service, you represent that you meet these requirements.

3. Account Registration

To access certain features, you must create an account via Google Sign-In. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to provide accurate and complete information. You may delete your account at any time through the in-game settings, which will permanently remove all associated data.

4. Virtual Currency and In-Game Items

ChillTank uses a virtual in-game currency ("FishCoins" or "Coins"). Virtual currency and in-game items have no real-world monetary value and cannot be exchanged for real money, cryptocurrency, or any other form of value outside the Service. They are licensed to you for use within the Service only and remain our intellectual property.

We do not currently offer the purchase of virtual currency with real money. The Service is free to play. If we introduce paid features in the future, these Terms will be updated accordingly.

5. User Conduct

You agree not to:

(a) Use the Service for any unlawful purpose or in violation of any applicable laws;
(b) Attempt to cheat, exploit, hack, or manipulate the Service, including automated scripts, bots, coin farming, or unauthorized modifications;
(c) Upload or transmit viruses, malware, or malicious code;
(d) Harass, abuse, or harm other users;
(e) Impersonate any person or entity, including our staff;
(f) Use any tank name, username, or fish name that is offensive, infringes third-party rights, impersonates official accounts, or violates applicable law.

We reserve the right to suspend or terminate accounts that violate these rules, with or without notice. In cases of cheating or exploitation, we may adjust coin balances, remove items, or reset progress at our discretion.

6. Intellectual Property

The Service and its original content, features, and functionality — including but not limited to the ChillTank name, logo, fish designs, artwork, code, sound effects, and user interface — are and will remain the exclusive property of the operator and its licensors. The Service is protected by copyright, trademark, and other laws of Germany and foreign countries.

You retain ownership of any content you create within the Service (such as tank names and fish names), but you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute that content in connection with operating and promoting the Service.

7. Third-Party Services

The Service integrates with third-party services including Google (authentication), Supabase (database and backend), Vercel (hosting), and optionally PostHog (analytics). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the content or practices of any third-party services.

8. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses. We are not responsible for any loss of game progress, virtual currency, or items resulting from server issues, bugs, or unauthorized access.

9. Limitation of Liability

To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service. Our total liability for any claim shall not exceed the amount you have paid us (if any) in the twelve months preceding the claim. Since the Service is currently free, this amount is zero.

The above limitations do not apply to damages arising from injury to life, body, or health, or from intentional or grossly negligent conduct, or to liability under the German Product Liability Act (Produkthaftungsgesetz).

10. Indemnification

You agree to indemnify and hold harmless the operator from any claims, damages, losses, or expenses arising from your violation of these Terms or your use of the Service.

11. Termination

We may terminate or suspend your account at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. You may terminate your account at any time through the in-game settings. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive.

12. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after any changes constitutes your acceptance of the new Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of law provisions. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

For consumers within the European Union: the European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

The exclusive place of jurisdiction for all disputes arising from these Terms shall be the operator's place of business, provided the user is a merchant, a legal entity under public law, or has no general place of jurisdiction in Germany.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the original.

15. Contact

For questions about these Terms, please contact us at:
Email: chillwatchstudios@gmail.com
Full contact details are available in the Impressum.