Terms of Service for Wurdian

On this page you will find the usage terms and conditions for the app named "Wurdian" (henceforth: "the app", "the game").

The app is offered by the company Quixotic Apps (henceforth: "we", "us"). By using the app, you agree to these terms and our privacy policy.

Article 1. Use of the game
1.1 "Wurdian" is an intellectual word game between multiple human players.
1.2 To use Wurdian, you need to have a player account. Providing a player name name is the minimal requirement for creating an account. After choosing a player name, you can directly use the service.
1.3 You may secure access to your account by configuring a 6-digit login code or by providing an email address to which you want your login code to be sent when pressing the 'I forgot my login code' button in the login screen. We may assume that all actions undertaken from your account after logging in with your player name and login code is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified us that someone else has access to your account.
1.4 The app does not collect any personal data, besides the player name under which you chose to play the game (required), device information used to lock or limit accounts of misbehaving players (see Article 2 below) and any of the following optional pieces of information in case you provided them: an email address for account recovery, a facebook id for logging in, a Apple id for logging in. Consult the privacy statement of Wurdian for more information on how these data are handled (https://wurdian.com/privacy.html).
1.5 Within the app, players can 'block' other players. If player A has blocked player B, then player B will no longer be able to send chat messages to or start new games with player A. Players who have been blocked repeatedly by other players may experience a limitation in game functionality (see also Article 2).
1.6 An account can be scheduled for removal via a button at the bottom of the Account page in the app. After scheduling an account for for removal, it will be removed after 14 days, unless the player logs in again during that period. Logging in to an account that is scheduled for removal will unschedule it. Immediate removal can be achieved by sending a removal request to info@wurdian.com. Account removal consists of removing all personal identifiers (player name, email, etc) from the database and is irreversible.

Article 2. Terms of use
2.1 It is not permitted to use Wurdian for any purpose that violates any applicable law or regulation.
2.2 The following behaviors are not allowed within the app and can result in disabling certain functionalities (such as the ability to chat with other players) or lead to a lock on your account:
- harass, annoy or cause grief to other players;
- use indecent language;
- publish information that is pornographic, erotic or offensive;
- violate the privacy of third party;
- pretending to be a developer, support manager, or any other person related to Wurdian;
- block ads presented by the app.
2.3 The app is programmed in such as way that players who are blocked repeatedly by other players may automatically receive a temporary or permanent chat or account ban, without intervention of a person related to us. For this functionality to work, the app collects and temporarily stores ip addresses and (anonymous) device identifiers of a certain segment of users.
2.4 Players have the right to appeal chat bans or any other limitations that have been imposed to their account. The appeal will be reviewed by a person related to Quixotic Apps and render a decision on whether to revert the appealed limitation. This decision is final and unchallengeable.
2.5 If there are indications that the server hosting Wurdian is under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, we may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.6 It is not allowed to impersonate another player by using or mimicking their profile picture or player name. Under Dutch law (as well as most other laws), this is a criminal act.
2.7 We are at all times entitled to file a criminal complaint for offenses committed through or using the game. This includes supplying your player name, IP-address any other identifying data to a third party alleging that you violate its rights or these terms and conditions, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.
2.8 We may recoup from you all damages we suffer as a result of your violation of these terms of use. You agree and hold harmless Quixotic Apps from all third-party claims arising out of your violation of these terms of use.

Article 3. Availability
3.1 While we do our best to keep the game available at all times, we cannot guarantee 100% availability.
3.2 Similarly, we cannot guarantee continuation of the service and we reserve the right to terminate the service at any time and without prior notice.

Article 4. Intellectual property
4.1 The game Wurdian, the accompanying software, and all information and images provided within the app and websites related to the app are the intellectual property of Quixotic Apps. None of these items may be copied or used without prior written permission from us, except and to the extent permitted by mandatory law.

Article 5. Compensation for the game
5.1 The app can be used for free.
5.2 The app may occasionally present ads to users who play the game for free.
5.3 The app will not present ads to users who are on a 'premium' account.
5.4 It is not permitted to block ads.

Article 6. Limitation of liability
6.1 Except in case of intentional misconduct or gross negligence we shall not be liable for the use of the game or any damages in connection therewith.
6.2 We are in no event liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3 Damages may only be claimed if reported in writing to us at most two months after discovery.
6.4 In case of force majeure, we are never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

Article 7. Term and termination
7.1 This agreement enters into force as soon as you first use the game and then remains in force until terminated.
7.2 If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.