1. The agreement
These terms are an agreement between you and ElevationArk LLC, a Colorado limited liability company ("ElevationArk", "we", "us"). They cover our games (including Sir Flappicus, Survoxel Runner and Survoxel Unleashed), their online services, and this website (together, the "Services"). By using the Services you agree to these terms and to our Privacy policy. If you don't agree, please don't use them.
Some products have extra terms: the Sir Flappicus notes, the Survoxel Runner notes and the Survoxel Unleashed notes add game-specific rules, and SmrtSites has its own terms of service, which apply to SmrtSites instead of these. The Voxel Starter Kit is used under the Voxel Packs license, and purchases on this website follow our Refund policy.
2. Age and parents
If you are under 18 (or the age of majority where you live), a parent or legal guardian must read and agree to these terms for you. Parents and guardians are responsible for their child's use of the Services, including purchases made with their store account. Email accounts in our games, and ElevationArk accounts on this website, are for people aged 13 and older; younger players play as guests.
3. Your license to play
We give you a personal, limited, non-exclusive, non-transferable and revocable license to install and use our games for your own non-commercial entertainment, on devices you own or control, as allowed by the app store you got them from. We and our licensors own the Services and everything in them, including art, music, characters, code and names. You may not copy, sell, rent, modify, reverse engineer or redistribute them, except where the law gives you a right to do so that cannot be waived.
4. Accounts
Our games create an anonymous guest account so your progress can be saved. Players 13 and older may add an email address to recover progress on another device. Keep your password private; you're responsible for activity on your account. Guest progress can be lost if you remove a game or change devices without adding an email. You can delete your account at any time; see Delete an account.
You can also create an optional ElevationArk account on this website, signing in with Google, Apple or a link we email you. It lets you sign in once across our products, link a game or SmrtSites to it, choose which emails you get, and get a 10% discount on your first voxel pack order, applied automatically at checkout. The discount is single-use and has no cash value. You can delete an ElevationArk account at any time with Delete my account on your account page; this does not delete your game or SmrtSites accounts.
5. Coins, gems and other virtual items
Our games include virtual currencies (such as coins and Prism Gems), tokens, passes, cosmetics, heroes, gear and other virtual items ("Virtual Content"). Virtual Content is licensed to you, not sold, and has no cash value. It can't be exchanged for real money, goods or anything outside the game, and can't be transferred or sold to anyone else.
We may change, rebalance or retire Virtual Content as a game evolves, but we won't remove Virtual Content you bought with real money without a reasonable substitute, except for refunded, reversed or fraudulent purchases, or when you delete your account. Deleting an account removes its Virtual Content, and unused paid currency is not refunded.
Where a game offers random rewards, it shows the odds next to the offer.
6. Purchases
In-game purchases are sold through the Apple App Store or Google Play and follow their terms and payment rules. Prices are shown before you confirm. Parents can control purchases with Apple Ask to Buy or Google Family Link. Except where the law or the store's own refund policy says otherwise, purchases are final; refunds are handled by the store you paid. If a purchase is refunded or reversed, we may remove the Virtual Content it gave. If a completed purchase is missing, email support@elevationark.com.
Voxel packs bought on this website: The checkout runs on Stripe and is sold through Link, Stripe’s checkout brand: Stripe (through Link) is the merchant of record for the payment, which means it processes the payment, calculates and pays sales tax or VAT, and handles payment questions. ElevationArk LLC makes and provides the packs and is responsible for them. Prices are shown in US dollars before you pay. After payment you get private download links. Refunds follow our Refund policy, and your use of the files follows the Voxel Packs license.
7. Events, rankings and invite codes
We run limited-time events with rules, rewards and end times shown in the game. We may end, extend or change an event, fix mistakes in rewards, and remove rewards gained through bugs or cheating. Rankings show positions only, never names.
Where a game has invite codes, they are for players 13 and older, one code per account, and invite rewards are Virtual Content with no cash value. We may change or withdraw codes and rewards at any time. Creators in an affiliate program have a separate agreement and must clearly disclose that they are paid when they share their code.
8. Fair play
Don't cheat, hack, use bots or modified versions, exploit bugs on purpose, tamper with the Services or their servers, access other people's accounts, use the Services to break the law, or spoil other people's enjoyment. We may reset scores or progress gained unfairly, remove items gained that way, and suspend or end accounts that break these rules. We'll act reasonably and, where appropriate, tell you why.
9. Changes and availability
We update the Services to fix problems and add content, and some updates may be needed to keep playing online. Online features need an internet connection and may change, pause or end. If we permanently shut down a game's online services, we'll try to give reasonable notice in the game or on this website.
10. Disclaimers
We work hard to make the Services fun and reliable, but they are provided "as is" and "as available". To the extent the law allows, we don't promise they will be uninterrupted or error-free, or that progress can never be lost. Release dates on this website are targets, not promises. Some places don't allow these limits, so they may not apply to you. Nothing in these terms limits consumer rights that cannot be waived.
11. Limitation of liability
To the extent the law allows, we aren't liable for indirect, incidental, special or consequential damages, or for loss of data or Virtual Content, arising from your use of the Services. Our total liability for any claim relating to them is limited to the greater of what you paid us in the 12 months before the claim or US$50. This doesn't limit liability that can't be limited by law, such as for fraud, or for death or personal injury caused by negligence.
12. Ending this agreement
You can stop using the Services and delete your account at any time. We may suspend or end your access if you seriously or repeatedly break these terms, or if the law requires it. Sections 3 (ownership), 5 (Virtual Content has no cash value), 10, 11 and 13 continue after this agreement ends.
13. Governing law and disputes
These terms are governed by the laws of the State of Colorado, United States, without regard to its conflict-of-law rules. Please contact us first so we can try to resolve any problem informally. If we can't, disputes will be decided in the state or federal courts located in Denver County, Colorado, except that either of us may bring a claim in small-claims court. If you live outside the United States, you may also have the right to bring claims in your local courts under your local consumer law.
14. Apple and Google
These terms are between you and us, not Apple or Google. We, not Apple or Google, are responsible for our games and their content. If you downloaded a game from the Apple App Store, these extra points apply:
- Your license to the game is limited to Apple-branded devices you own or control, as the App Store's Usage Rules allow.
- Apple has no obligation to provide maintenance or support for the game; contact us instead.
- If the game fails to meet a warranty that applies, you may tell Apple, and Apple will refund the purchase price (if any). To the extent the law allows, Apple has no other warranty obligation for the game.
- We, not Apple, are responsible for handling any claims about the game, including product liability claims, claims that it doesn't meet legal or regulatory requirements, consumer protection and privacy claims, and claims that the game or your use of it infringes someone else's intellectual property.
- You confirm that you are not located in a country subject to a US government embargo or designated as a "terrorist supporting" country, and that you are not on any US government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these terms, and once you accept them Apple may enforce them against you.
You also agree to follow the store's own terms.
15. Changes to these terms
We may update these terms. We'll change the date at the top and, for important changes, tell you in the product before they take effect. If you keep using the Services after that, you accept the updated terms.
16. General
These terms, together with the Privacy policy and any product-specific terms they mention, are the whole agreement between you and us about the Services. If any part can't be enforced, the rest still applies. If we don't enforce a term straight away, we can still enforce it later. You may not transfer your rights under these terms; we may transfer ours to a company that takes over the relevant product, and we'll tell you if that happens. We aren't responsible for delays or failures caused by events outside our reasonable control.
17. Copyright and other complaints
If you believe something in our products infringes your copyright or other rights, email support@elevationark.com with the subject "Copyright notice". Describe the work, where it appears in our products, your contact details, and confirm that you own the rights or may act for the owner. We'll look into it and respond.
18. Contact
Questions? Email support@elevationark.com or write to ElevationArk LLC, Denver, Colorado, United States.