Terms of Use

1. Eligibility and platform terms

The Game is intended for players aged 13 and older. You must also meet any higher age requirement imposed by your store, headset provider or applicable law. If you have not reached the age at which you can enter this agreement in your country, a parent or legal guardian must review and agree to these Terms on your behalf where legally permitted, and supervise your use as appropriate.

You must obtain the Game through an authorised source and comply with the applicable store, account and device terms. Steam, Meta Quest and Oculus, PICO, Viveport, itch.io and other authorised distributors operate their own services. Their mandatory terms govern transactions and services they provide; these Terms govern our licence and services and do not override mandatory platform terms or applicable law.

Third-party software, including open-source components, remains subject to its applicable licence. If that licence grants rights that conflict with restrictions in these Terms, that licence takes precedence for the relevant component. It does not grant additional rights in other parts of the Game.

2. Limited licence and ownership

Subject to these Terms and any applicable payment, we grant you a limited, personal, non-exclusive licence to install and use the edition and content you lawfully acquired on compatible devices permitted by your store licence, for your own non-commercial entertainment. The licence may be terminated only as described in these Terms and applicable law.

The Game is licensed, not sold. Gizmoplay and its licensors retain all intellectual-property rights in the software, artwork, audio, characters, designs, trademarks and other content. No ownership or rights are granted except those expressly stated. Any statutory rights that cannot be restricted remain unaffected.

You may not transfer or sublicense the Game except through an expressly authorised platform feature or where applicable law grants that right. Commercial arcade, venue, rental, resale, hosting or similar use requires our prior written permission.

3. Restrictions on use

Except where we expressly permit it or applicable law gives you a right that cannot be restricted, you must not:

• Copy, distribute, sell, rent, sublicense or make the Game or its assets available to others outside the permitted licence.
• Reverse engineer, decompile or disassemble the Game, or extract its assets to create or distribute another product.
• Bypass purchase, entitlement, access or security controls; use stolen accounts or unauthorised keys; or access content for which you have no licence.
• Introduce malicious code, interfere with services, exploit vulnerabilities to gain unauthorised access, or use automation to abuse our systems or falsify shared results.
• Remove ownership notices, misrepresent an affiliation with us, infringe another person's rights, or use the Game or Website unlawfully.

These restrictions do not prevent activity protected by mandatory law, including qualifying interoperability, accessibility or security-research rights. They do not restrict lawful criticism or reviews.

4. Editions, purchases and refunds

Your purchase or download includes the content identified in the store listing at the time you acquire it. On Steam, the paid base game includes Chapter 1, with Chapters 2–4 offered as separate downloadable content. Full PC VR editions on other stores (such as Oculus Rift, Viveport and itch.io) and Deluxe Editions on Meta Quest and PICO (Zooma VR: Deluxe Edition and Zooma: Deluxe Edition) include the chapters specified in their respective store listings. Demo versions provide limited levels for evaluation only. A purchase on one platform or store does not grant a licence on another unless expressly stated in the offer.

The store or other seller identified at checkout handles payment, applicable taxes and its refund process. Prices, offers and availability may differ between platforms and may change for future purchases. We do not promise future discounts, free additional content, cross-platform purchases or future editions.

Refunds are available where required by applicable law or the relevant seller's policy. We do not offer an additional unconditional refund guarantee. Nothing here removes remedies for faulty, misdescribed or undelivered digital content. Any loss of a statutory cancellation right for immediately supplied digital content depends on the legally required consent and acknowledgement at purchase; merely reading these Terms does not waive that right.

5. VR safety and your responsibilities

You are responsible for choosing a safe play area, using compatible equipment correctly, and following your headset manufacturer's health, safety and age guidance. Keep clear of obstacles, stairs, people, pets and fragile objects; use the required boundary and controller-safety features. Do not use VR while driving, operating machinery or undertaking another activity that requires awareness of your surroundings.

VR can cause discomfort, motion sickness, eye strain, disorientation or loss of balance. Stop playing if you feel unwell, take appropriate breaks, and follow the manufacturer's advice before resuming. Follow relevant medical advice if a health condition could be affected by VR. The Game is entertainment software, not a medical device or a substitute for professional advice.

A small percentage of people may experience epileptic or photosensitive seizures, blackouts or severe dizziness when exposed to flashing lights, visual patterns or virtual-reality environments, even with no prior history of epilepsy or seizures. If you or anyone in your household has an epileptic condition or has experienced seizures or loss of awareness linked to light stimulation, consult a doctor before using the Game. Stop playing immediately and seek medical attention if you experience convulsion, eye or muscle twitching, altered vision, involuntary movement, disorientation or loss of awareness.

To the extent permitted by law, you bear responsibility for consequences caused by your misuse of equipment, unsafe surroundings or failure to follow applicable safety instructions. This is not a waiver of liability for a defect, negligence or other matter for which the law makes us responsible.

6. Compatibility, updates and availability

You are responsible for meeting the published system requirements, obtaining appropriate hardware and internet access, and maintaining your device and platform account. We do not promise compatibility with every device, modified system, third-party application or future operating-system version. Your mandatory rights concerning the compatibility and performance described at purchase remain unaffected.

We may provide patches and make changes reasonably needed for security, legal compliance, technical compatibility, bug fixes or gameplay improvements. Updates may be required for particular online or platform features. We will provide updates, notices and remedies required by applicable law and will not rely on this clause to remove paid-for content or materially reduce its agreed functionality contrary to those rights.

Where Cyprus or equivalent EU rules on modifications to digital content supplied over a period apply, changes beyond those needed to maintain conformity will be made only for a valid reason stated above, without additional cost and with clear notice. If a change negatively affects access or use by more than a minor amount, we will give reasonable advance notice in a form you can retain, such as email, explaining the change, its timing and your rights. You may terminate the affected contract without charge within 30 days of receiving that notice or the change taking effect, whichever is later, unless we enable you to keep the unchanged, conforming version without additional cost. Any applicable refund and other statutory remedies remain available.

The Game was originally released in 2022 and is supplied as a completed release. Unless expressly promised in the purchase offer or required by law, we do not undertake to provide new content, ongoing feature updates, indefinite support, uninterrupted online access or perpetual compatibility. Online features may be interrupted for maintenance, platform outages or events beyond our reasonable control. If we discontinue a service, we will give notice and provide any remedies required by law or our existing commitments.

We are not responsible for a failure to the extent it is caused by an event beyond our reasonable control, such as a widespread network outage or a platform provider's independent action, except where applicable law provides otherwise. Such an event does not remove statutory refund or termination rights.

7. Saved progress and third-party services

Where your platform permits, keep backups of saves and check cloud-sync settings before reinstalling, changing devices or clearing data. Saves, scores and settings can be lost, corrupted, overwritten or become incompatible after changes. We do not guarantee recovery or restoration, except to the extent required by law or an express commitment.

Scores, rankings, progress and unlocks are game features, have no redeemable cash value, and do not confer ownership of any part of the Game. This does not affect your licence to purchased content or associated consumer rights.

Store accounts, payments, cloud services, headset software and external websites may be provided by third parties. We do not control their independent decisions or guarantee their availability. We are not responsible for their independent acts or omissions to the extent permitted by law; this does not exclude responsibility we legally retain for suppliers or services used to fulfil our own obligations.

8. Warranty disclaimers

To the fullest extent permitted by applicable law, and except for mandatory rights and express commitments that legally bind us, the Game and Website are provided "as is" and "as available", with all faults. Gizmoplay and its licensors disclaim all other express, implied and statutory warranties, including warranties of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement, wherever such disclaimers are lawful.

Subject to those same exceptions, we do not warrant that the Game or Website will be uninterrupted, error-free, free of every vulnerability, compatible with every system, or capable of meeting your particular expectations; that all defects will be corrected; or that saved data will always be preserved. Informal advice does not create an additional warranty unless the law gives it that effect or we expressly agree to it.

For consumers: statutory standards, binding product descriptions, required updates and remedies for defective digital content continue to apply. These disclaimers do not replace or restrict those protections.

9. Limitations of liability

Liability that remains protected

Nothing in these Terms excludes or limits liability for fraud or fraudulent misrepresentation; death or personal injury caused by negligence where exclusion is prohibited; intentional wrongdoing or gross negligence where limitation is prohibited; mandatory product liability; or any other liability, consumer remedy or data-protection right that cannot lawfully be excluded or limited. In particular, mandatory remedies for defective digital content or damage it causes are unaffected.

Excluded losses

Subject to the protections above, to the fullest extent permitted by law, Gizmoplay and its licensors will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages; loss of profits, revenue, business, opportunities or goodwill; or loss or corruption of data, saved progress or scores arising from the Game or Website. These exclusions apply whether a claim is based on contract, tort including negligence, statute or another legal theory, even if the possibility of the loss was disclosed.

If you are a consumer, these exclusions do not apply to reasonably foreseeable loss caused by our breach where the law requires us to compensate you, or to any liability described under "Liability that remains protected" above. The Game is supplied for personal entertainment, and we do not accept liability for business losses resulting from its use to the extent permitted by law.

Financial cap

Subject to "Liability that remains protected" above, our total aggregate liability arising out of or in connection with the Game and these Terms will not exceed the greater of (a) the total amount paid for your licence to the Game and its downloadable content on the platform or platforms to which the claims relate, or (b) EUR 10. For liability relating solely to the Website and unconnected to a Game purchase, our total aggregate liability is limited to EUR 10. These are aggregate limits, not separate limits for each incident or legal theory.

These caps apply only to the extent permitted by law and do not limit mandatory refunds or other non-excludable remedies. They do not reduce compensation that a consumer is mandatorily entitled to receive.

10. Additional protection for business use

This section applies only if you act in the course of a trade, business or profession, not as a consumer. It does not grant permission for commercial use. If you accept these Terms on behalf of a business or other legal entity, you confirm that you have authority to bind it; references to "you" then mean that entity.

To the extent permitted by law, you will indemnify Gizmoplay and its personnel against reasonable third-party claims, damages and legal costs to the extent caused by your unlawful use, material breach of these Terms, or infringement of another person's rights.

The indemnity does not cover loss caused by our own breach, negligence or unlawful conduct. We will notify you promptly of a claim, take reasonable steps to mitigate loss, and allow reasonable participation in its defence. Neither party may agree to a settlement that imposes liability or a non-monetary obligation on the other without that party's consent, not to be unreasonably withheld.

11. Suspension and termination

We may restrict affected features or terminate your licence for a material breach of these Terms, unlawful use, or conduct posing a genuine security or legal risk. Where a breach can reasonably be remedied, we will give notice and a reasonable opportunity to remedy it unless immediate action is necessary to address serious harm, fraud, a security threat or a legal requirement. Action will be proportionate to the circumstances.

Following lawful termination, you must stop using and uninstall the affected Game or content. Except where required by law or the applicable store policy, termination caused by your material breach does not entitle you to a refund. You may stop using the Game at any time; doing so does not itself create an additional refund right.

Termination does not affect rights already accrued, mandatory remedies, or provisions that by their nature should survive, including ownership, lawful liability limits and dispute provisions. Handling of personal information remains subject to the Privacy Policy and applicable law.

12. Privacy and feedback

Our Privacy Policy explains how information is processed and how to exercise privacy rights. Acceptance of these Terms does not replace any separate consent required for personal-data processing.

If you voluntarily send product ideas or suggestions, you grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free licence to use that feedback to develop, improve and market our products without payment or attribution, to the extent permitted by law. Send only feedback you have the right to share. This licence does not apply to personal information, private support correspondence or material you expressly identify as confidential and we agree to receive on that basis.

13. Cyprus law and disputes

These Terms and related disputes are governed by the laws of the Republic of Cyprus. If you are a consumer, this choice does not deprive you of mandatory protections under the law of your country of habitual residence that would otherwise apply.

If you are a consumer, the competent courts of Cyprus have non-exclusive jurisdiction. You retain any mandatory right to bring proceedings in your country of residence, and any protection restricting where we may bring proceedings against you. If you are acting as a business, the competent courts of the Republic of Cyprus have exclusive jurisdiction, subject to applicable mandatory law.

You may use the contact details below to seek an informal resolution. Contacting us first is not a condition for exercising statutory rights, seeking urgent relief, bringing a court claim or contacting a regulator. These Terms do not impose mandatory arbitration or a waiver of collective remedies available under mandatory law.

14. Changes and general provisions

We may update these Terms for changes in law, security needs, platform requirements or the Game's features. We will identify the updated date and give reasonable notice of material changes. Changes apply prospectively and will not retroactively reduce accrued rights. Where renewed agreement is required, we will seek it; posting a new version alone does not create that agreement or remove rights attached to an existing purchase.

If a provision is unenforceable, it will not apply to the extent of that unenforceability, and the rest of these Terms will continue where legally possible. This clause does not authorise rewriting an unfair consumer term to make it enforceable. A delay in enforcing a right is not a waiver of it.

We may transfer our rights and obligations in connection with a genuine business transfer or reorganisation, provided this does not reduce your mandatory rights or contractual protections; we will give notice where required. These Terms, any expressly agreed additional terms and applicable platform terms form the agreement for the matters they cover, without excluding binding pre-contract information or liability that cannot lawfully be excluded.

15. Contact

Gizmoplay Ltd
Arch. Makariou III, 225, ORIANA COURT, 3105, Limassol, Cyprus
Zooma VR support and legal enquiries
help@gizmovr.com