Terms of Service

Effective Date: 25/08/2025
Contact: hello@sandybaystudios.com
Location: Australia

1. Introduction

Welcome to Sandy Bay Studios ("the App", "we", "our", or "us"). By accessing or using Sandy Bay Studios, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the App.

2. Eligibility

You must be at least 13 years old (or the age of digital consent in your country) to use Sandy Bay Studios. By using the App, you confirm you meet this requirement.

3. Account Registration

To use certain features, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

4. Acceptable Use

You agree not to:

  • Use Sandy Bay Studios for unlawful, fraudulent, or harmful purposes.
  • Upload, share, or distribute harmful, abusive, or infringing content.
  • Attempt to hack, disrupt, or exploit the App's systems.

We may suspend or terminate accounts that violate these Terms.

5. Content

Your Content: You retain rights to any content you submit. By uploading, you grant Sandy Bay Studios a worldwide, non-exclusive, royalty-free license to use, display, and distribute your content solely for operating the App.

Our Content: All intellectual property in Sandy Bay Studios (software, branding, design, features) remains ours and may not be copied, modified, or reused without permission.

6. Subscriptions & Payments

Some features may require paid subscriptions or in-app purchases. By purchasing, you agree to pay the applicable fees through your device's app store (Apple App Store or Google Play Store).

Subscription Terms:

  • Subscriptions automatically renew unless cancelled at least 24 hours before the current period ends
  • Your account will be charged for renewal within 24 hours prior to the end of the current period
  • You can manage and cancel subscriptions through your device's app store settings
  • Cancellation takes effect at the end of the current billing period

In-App Purchases:

  • In-app purchases are generally non-refundable unless required by applicable law
  • All purchases are processed through your device's app store payment system
  • Virtual items purchased have no monetary value and cannot be exchanged for real money

Refunds:

Refund requests must be made through your device's app store (Apple App Store or Google Play Store). Refunds are handled in accordance with the app store's refund policy and Australian Consumer Law where applicable.

7. Privacy

Our handling of your personal data is covered in our Privacy Policy. By using Sandy Bay Studios, you consent to the collection and use of your data as described there.

8. Disclaimers

Sandy Bay Studios is provided "as is" and "as available." We do not guarantee uninterrupted or error-free service. To the maximum extent permitted by law, we disclaim all warranties.

9. Limitation of Liability

To the extent permitted by Australian law, Sandy Bay Studios will not be liable for any indirect, incidental, or consequential damages resulting from your use of the App.

10. Termination

We may suspend or terminate your account at any time for breach of these Terms or misuse of the App. You may stop using Sandy Bay Studios at any time.

11. Governing Law

These Terms are governed by the laws of Australia. Any disputes will be resolved in the courts of Australia.

12. Changes to Terms

We may update these Terms from time to time. Continued use of Sandy Bay Studios after changes are posted constitutes acceptance of the revised Terms.

Contact Us

If you have any questions about these Terms, contact us at hello@sandybaystudios.com.

End User License Agreement (EULA)

IMPORTANT: PLEASE READ THIS DOCUMENT IN ITS ENTIRETY. BY DOWNLOADING, INSTALLING, PURCHASING, OR USING OUR PRODUCTS, YOU CONFIRM THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT UNDERSTAND THE TERMS OF THIS AGREEMENT OR DO NOT INTEND TO BE BOUND BY THEM, DO NOT DOWNLOAD, INSTALL, PURCHASE, OR USE ANY OF THE PRODUCTS.

This End User License Agreement ("Agreement") governs your use of the following product(s) (referred to as the "Product") a mobile software gaming app.

We may also provide you with access to various other content, documentation, materials, information, goods, or services. In this Agreement, these items collectively form part of "the Product". The Product is owned and operated by Sandy Bay Studios Pty Ltd (ABN 62643795804), referred to as the "Owner".

This Agreement constitutes a binding contract between you and the Owner and will govern your use of all versions, parts, and features of the Product.

Definitions

  • "Agreement" means this agreement.
  • "Australian Consumer Law" means the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Commonwealth).
  • "Identifying Information" means the information provided by you when registering to use the Product, including your name, email address, address, username, and password.
  • "License" means the license created under this Agreement, as described in the "License" clause.
  • "Owner IP" includes the contents, code, layout, design, colours, appearance, graphics, and imagery of the Product, as well as all copyrights, trademarks, trade secrets, patents, and other intellectual property contained in the Product.
  • "Parties" means both you (the user of the Product) and us (the owner of the Product) collectively.
  • "Party" means either you (the user of the Product) or us (the owner of the Product).
  • "Product" means the software product, a mobile software gaming app, and includes:
    • any software provided by us;
    • any materials, information, or documentation provided by us in connection with your use of this software product, including documentation, data, information developed by us or owned by us, and other materials that may assist in your use of the software product;
    • any content, writing, images, audiovisual content, or other information published on the software or on the materials, information, or documentation that we provide to you.
  • "Us," "We," "Our," or "the Owner" refers to Sandy Bay Studios Pty Ltd.
  • "You," "Your," or "User" refers to the user of the Product.

Interpretation

In this Agreement, unless the context otherwise requires, the following rules of interpretation apply:

  • Words referring to one gender include every other gender.
  • Words referring to a singular number include the plural, and words referring to a plural include the singular.
  • If a word or phrase is defined in this Agreement, then any grammatical variations of that word or phrase have a corresponding meaning.
  • Words referring to a person or persons include firms, corporations, associations, partnerships, joint ventures, authorities, government bodies, organisations, and other legal entities, and vice versa.
  • Any reference to time is a reference to time in Queensland.
  • If something must be done under this Agreement on or before a particular date, and that date falls on a day that is not a business day, then the thing must be done on or before the next business day.
  • Any obligation not to do something includes an obligation not to allow that thing to be done.
  • Headings and titles are included in this Agreement for convenience only and do not affect the interpretation of this Agreement.
  • Each Party must take all reasonable steps and do all that is necessary to give full effect to this Agreement and the events contemplated by it, at its own expense.
  • A reference to legislation or any part or provision of that legislation includes any subordinate legislation, amended legislation, and substituted legislation issued under that legislation.
  • A reference to an agreement or document is a reference to that agreement or document as amended, replaced, supplemented, or novated from time to time.
  • A reference to a Party includes that Party's successors, assigns, legal personal representatives, and any person substituted by way of novation.
  • Any reference to money or currency, unless otherwise specified, is a reference to Australian dollars.

User Acceptance

  • By downloading, installing, using, purchasing, or paying any fee for the Product, you agree to be bound by the terms of this Agreement.
  • This Agreement constitutes a binding agreement between you and the Owner.
  • If you do not understand the terms of this Agreement or do not agree to be bound by them, you must not download, install, use, purchase, or pay any fee for the Product.

License

The Owner hereby grants you a non-exclusive, non-transferable, revocable, limited license to use the Product ("License").

Term

  • This Agreement and the License granted under it are effective on the date you first download, install, use, purchase, or pay any fee for the Product (whichever is earliest).
  • This Agreement and the License granted under it continue as long as you use, retain, or continue paying any fee for the Product, unless terminated under this Agreement.

Software Updates

  • The Owner may release software updates, patches, upgrades, bug fixes, or other modifications for the Product ("Updates").
  • You may be required to install Updates to use the Product.
  • You agree to promptly install any Updates provided by the Owner.
  • Updates may be installed automatically without additional notice or consent from you.
  • By downloading, installing, using, purchasing, or paying any fee for the Product, you also consent to these Updates.
  • If you do not want to receive Updates, you must not download, install, use, purchase, or pay any fee for the Product.

License for One Computer or Device

  • The License permits you to download, install, and use the Product on one (1) computer or device.
  • The License permits you to save an archived copy of the Product on a storage device for the purpose of reinstalling the Product.
  • The License does not permit you to download, install, or use the Product on more than one (1) computer or device at any time.
  • The License does not permit you to share the Product or any part of it with other users.
  • The License does not permit you to download, install, or use the Product on any system that allows multiple users, including but not limited to:
    • any system or network accessible by multiple users;
    • any system or network that allows shared use of applications; and
    • any other system or network that allows any user(s) other than you to download, install, or use the Product, except in the event that you have a valid license for each copy of the Product on each individual computer(s) or device(s) where you download, install, or use the Product.

Rights in the Product

  • This Agreement is a license and not an assignment agreement or a sale agreement.
  • This Agreement does not assign any intellectual property rights in the Product from the Owner to you.
  • The Owner retains all Owner IP and other rights and title to the Product, except for the rights expressly licensed to you in this Agreement.

Intellectual Property

You agree that the Product, the Owner's website, and all services provided by the Owner are the property of the Owner, including all Owner IP. You agree that the Owner owns all right, title, and interest in and to the Owner IP, and you will not use the Owner IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Owner IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Owner.

No Replication

The License does not permit you or any other user to replicate or copy the Product, whether in part or in full. You are prohibited from replicating, copying, or permitting any other user to replicate or copy the Product or any part of it, except:

  • Temporary copies stored in computer memory required for legitimate use of the Product; or
  • With the Owner's prior written consent.

No Modification or Alteration

You may not modify or alter the Product, including any files or other parts of the Product, except with the Owner's prior written consent.

No Derivative Works

You may not create or develop any derivative works based on the Product or any works serving the same purpose or providing the same features as the Product.

Reverse Engineering and Security

You may not undertake any of the following actions:

  • Attempt to derive the source code for the Product through reverse engineering, deconstructing, decompiling, or disassembling the Product or the Owner's website.
  • Violate the security of the Product through unauthorised access, circumvention of encryption or other security tools, data mining, or interference with any host, user, or network.
  • Copy or distribute copies of the Product unlawfully, such as through any peer-to-peer network or other intellectual property circumvention tool.

No Release of Performance Data

You may not release or communicate results from any functional evaluation or performance evaluation of the Product to any third party without the prior written consent of the Owner.

No Unlawful Use

You agree not to use the Product for any unlawful purpose.

No Commercial Use

You may not use the Product for commercial purposes.

No Spam

You are strictly prohibited from using the Product or any of the Owner's services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

Other General Restrictions

You agree not to use the Product in any way that could damage the Owner's website, services, reputation, or general business, or for any purpose prohibited under this clause.

You further agree not to use the Product to:

  • harass, abuse, or threaten others or violate any person's legal rights;
  • violate any intellectual property rights of the Owner or any third party;
  • upload or disseminate computer viruses or other software that may damage the property of another;
  • perpetrate any fraud;
  • engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
  • publish or distribute obscene or defamatory material;
  • publish or distribute material that incites violence, hate, or discrimination towards any group; or
  • unlawfully gather information about others.

User Registration

  • You may be asked to register with the Owner to use or access the Product.
  • If you choose to register, you agree to provide accurate and up-to-date Identifying Information.
  • You are solely responsible for maintaining the confidentiality of your Identifying Information.
  • You agree not to use the Identifying Information of any other person.
  • You agree to notify the Owner immediately if you suspect any unauthorised use of your Identifying Information.
  • The Owner reserves the right to terminate your access to the Product if any Identifying Information provided by you is inaccurate, false, or misleading.

Payments and Subscriptions

If the Product includes paid features, subscriptions, or in-app purchases:

  • All payments are processed through your device's app store (Apple App Store or Google Play Store)
  • Subscription fees are charged at the beginning of each billing period
  • Subscriptions automatically renew unless cancelled at least 24 hours before the current period ends
  • You can cancel subscriptions through your device's app store settings
  • In-app purchases are generally final and non-refundable except as required by applicable law
  • Virtual items or content purchased have no monetary value outside the Product
  • The Owner reserves the right to modify pricing with reasonable notice

Termination

  • This Agreement and the License granted under it may be terminated by either Party at any time and for any reason by providing written notice to the other Party.
  • The Owner may terminate this Agreement and the License immediately and without notice if you breach any term of this Agreement.
  • Upon termination of this Agreement, you must cease all use of the Product and destroy all copies of the Product in your possession or control.

WARRANTY DISCLAIMER

THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS TO OR USE OF THE PRODUCT, REGARDLESS OF WHETHER THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law and Jurisdiction

This Agreement and any disputes arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the state of Queensland, Australia. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of Queensland, Australia, and the Parties consent to the jurisdiction of such courts.

Entire Agreement

This Agreement constitutes the entire agreement between you and the Owner with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.

Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.

If you have any questions about these terms, you can contact us at: hello@sandybaystudios.com