The short version. Play fair, don't cheat or hack the game, and remember that virtual items are licensed to you rather than owned by you. We'll do our best to keep the game running, but we can't promise it will be perfect or available forever. Disputes are handled under North Carolina law.
Contents
- Acceptance of these terms
- Eligibility
- Your licence to use the Services
- Accounts and your responsibilities
- Virtual items and purchases
- Acceptable use
- Feedback and user content
- Intellectual property
- App stores and third parties
- Changes and availability
- Termination
- Disclaimers
- Limitation of liability
- Indemnification
- Governing law and disputes
- General terms
- Contact us
1. Acceptance of these terms
These Terms of Service ("Terms") are a binding agreement between you and Oakspire Studios ("Oakspire", "we", "us", "our"), an independent game studio based in North Carolina, United States.
They apply to the website at oakspirestudios.com, the Dungeon Tycoon wiki at dtmotd-wiki.oakspirestudios.com, and the mobile game Dungeon Tycoon: Master of the Depths once released (together, the "Services"). By using any of them you agree to these Terms and to our Privacy Policy. If you do not agree, please don't use the Services.
2. Eligibility
You must be at least 13 years old to use the Services. If you are under the age of majority where you live, you may only use the Services with the involvement of a parent or guardian who agrees to these Terms on your behalf. If you are in the EU or UK, the minimum age may be higher in your country — between 13 and 16 — and you must meet it.
You may not use the Services if you are barred from doing so under the laws of your country or of the United States.
3. Your licence to use the Services
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use the game for your own personal, non-commercial entertainment, and to view the website and wiki.
This is a licence, not a sale. We keep all rights we don't expressly grant you here.
4. Accounts and your responsibilities
Some features may require an account or link to your device or platform account. You agree to give accurate information, keep your credentials secure, and tell us promptly at support@oakspirestudios.com if you think someone else has accessed your account. You are responsible for activity that happens through your account.
Your game progress may be stored on your device, in your platform's cloud save, or on our servers. We will make reasonable efforts to preserve it, but we cannot guarantee against loss caused by device failure, uninstallation, platform changes or other events outside our control.
5. Virtual items and purchases
The game is free to download. It may offer optional in-app purchases of virtual currency, items, upgrades or other digital content ("Virtual Items").
Dungeon Tycoon does not and will not contain advertising. Optional purchases are the only way we make money from the game.
- Virtual Items are licensed to you, not sold. You receive a limited right to use them within the game and acquire no ownership interest in them.
- Virtual Items have no monetary value outside the game. They cannot be redeemed for real money, goods or anything of value from us or anyone else.
- You may not sell, trade, gift or transfer Virtual Items or accounts outside the game, and any attempt to do so is void and may result in suspension.
- We may change, rebalance, discontinue or remove Virtual Items at any time as part of normal game development. Balance changes are a normal part of running a live game and are not a breach of these Terms.
- Any unused Virtual Items are forfeited if your access is terminated for breach of these Terms, or if the game is discontinued.
Payments and refunds
All purchases are processed by Apple or Google, not by us. We never see your payment card details. Purchases are generally final and non-refundable except where required by law.
Because the platform handles the transaction, refund requests must go to Apple or Google under their respective policies — we cannot issue refunds directly. If a purchase failed to deliver what you paid for, contact us and we will do what we can to put it right in-game.
If you live somewhere with a statutory right of withdrawal or cancellation, such as the EU or UK, those rights still apply and nothing here limits them.
6. Acceptable use
You agree not to:
- cheat, exploit bugs for advantage, or use bots, macros, modified clients, emulated automation or any unauthorised third-party software;
- reverse engineer, decompile, disassemble or attempt to derive the source code of the game, except where that restriction is prohibited by law;
- tamper with, intercept or modify game data, network traffic or save files;
- access the Services through automated means, or scrape them, without our permission;
- attempt to gain unauthorised access to our systems, other players' accounts, or any part of the Services not intended for you;
- interfere with or overload our infrastructure, including by denial-of-service attacks;
- impersonate anyone, harass other players, or post unlawful, hateful, or infringing content anywhere we allow submissions;
- use the Services for any commercial purpose without our written permission;
- remove or obscure copyright, trademark or other proprietary notices.
Content creation — streaming, videos, screenshots, guides and fan art — is welcome and encouraged, including monetised videos on platforms like YouTube and Twitch, provided you do not claim to be us or imply we endorse you.
7. Feedback and user content
If you send us feedback, bug reports, suggestions or ideas, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them without restriction, compensation or attribution. We may already be working on something similar, and we don't want a suggestion to create a dispute later.
If the Services ever let you post content publicly, you keep ownership of it and grant us a non-exclusive, worldwide, royalty-free licence to host, display and distribute it in connection with the Services. You are responsible for what you post, and we may remove anything that breaches these Terms.
8. Intellectual property
The Services and everything in them — including the Oakspire Studios and Dungeon Tycoon names and logos, artwork, characters, music, code, text and design — are owned by Oakspire Studios or our licensors and are protected by copyright, trademark and other laws.
If you believe something on the Services infringes your copyright, email support@oakspirestudios.com with a description of the work, where it appears, your contact details, and a statement that you believe in good faith the use is unauthorised. We respond to valid notices under the Digital Millennium Copyright Act.
9. App stores and third parties
The game is distributed through the Apple App Store and Google Play, and your use is also subject to their terms.
Apple-specific terms
Where you obtain the game from the Apple App Store, you acknowledge that:
- These Terms are between you and Oakspire Studios only, not with Apple, and Oakspire alone is responsible for the game and its content.
- Apple has no obligation to provide maintenance or support for the game.
- If the game fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation.
- Apple is not responsible for addressing any claim by you or a third party relating to the game, including product liability, legal or regulatory non-compliance, or consumer protection claims.
- Apple is not responsible for investigating, defending, settling or discharging any third-party claim that the game infringes intellectual property rights.
- You represent that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and are not on any US Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.
The Services may link to third-party websites, including our wiki host and social platforms. We are not responsible for their content or practices, and their terms and privacy policies apply when you use them.
10. Changes and availability
We are a small studio building a live game. We may add, change, suspend or discontinue any part of the Services — including features, content, balance and Virtual Items — at any time, with or without notice. We may also update these Terms; if a change is material we will update the date at the top of this page and give reasonable notice where we can. Continuing to use the Services after a change means you accept the updated Terms.
We do not promise the Services will be uninterrupted, error-free or available in every country, and we may impose limits on certain features.
11. Termination
You may stop using the Services at any time and delete the game from your device. You can ask us to delete your data as described in the Privacy Policy.
We may suspend or terminate your access, with or without notice, if you breach these Terms, if we reasonably suspect cheating, fraud or abuse, or if we are required to by law. Where the circumstances allow it, we will try to warn you first. On termination, your licence ends and any unused Virtual Items are forfeited without refund.
12. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
We do not warrant that the Services will meet your requirements, be uninterrupted, secure or error-free, or that defects will be corrected.
Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you. Nothing in these Terms excludes or limits rights you have under mandatory consumer protection law.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OAKSPIRE STUDIOS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GAME PROGRESS OR VIRTUAL ITEMS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) TWENTY-FIVE US DOLLARS ($25).
These limits apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow the limitation of liability for personal injury or for fraud, gross negligence or wilful misconduct, and nothing here limits liability that cannot lawfully be limited.
14. Indemnification
You agree to indemnify and hold harmless Oakspire Studios and its officers, employees and contractors from any claims, damages, losses and reasonable legal fees arising out of your misuse of the Services, your breach of these Terms, or your violation of any law or the rights of a third party.
15. Governing law and disputes
These Terms are governed by the laws of the State of North Carolina, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
You and Oakspire agree that any dispute will be brought exclusively in the state or federal courts located in North Carolina, and both parties consent to the personal jurisdiction of those courts.
Let's talk first. Before filing anything, please email support@oakspirestudios.com describing the problem. Nearly everything can be sorted out informally, and we would much rather fix it than litigate it. We ask for thirty days to try.
If you are a consumer resident in the EU or UK, nothing in this section deprives you of the protection of mandatory provisions of the law of your country of residence, including your right to bring proceedings in your local courts.
16. General terms
- Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the Services.
- Severability. If any provision is found unenforceable, the rest stays in force and the unenforceable part is modified to the minimum extent needed.
- No waiver. If we don't enforce a provision, that isn't a waiver of our right to enforce it later.
- Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
- Force majeure. Neither party is liable for delays or failures caused by events beyond reasonable control.
- Survival. Sections on Virtual Items, intellectual property, disclaimers, limitation of liability, indemnification and governing law survive termination.
17. Contact us
Oakspire Studios
North Carolina, United States
support@oakspirestudios.com