1. Acceptance of these terms
These Terms & Conditions (“Terms”) form a binding agreement between you and HiveDevOps Technology Sociedad de Responsabilidad Limitada (“HiveDevOps,” “we,” “us,” or “our”), a company organized under the laws of the Republic of Costa Rica, governing your use of the Goldfish Memory mobile application and related services (the “Services”). By downloading, accessing, or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
2. Eligibility
You must be at least 13 years old (or the minimum age of digital consent in your country, if higher) to use the App. If you are under the age of majority where you live, you may use the App only with the involvement of a parent or guardian, and only a parent or guardian may make purchases. By using the Services, you represent that you meet these requirements.
3. Your account
The App creates an anonymous account for you automatically; it does not require your name, email, or a password. You are responsible for activity that occurs through your device and for the content of the profile names you choose. Because the account is anonymous and tied to your install, uninstalling the App or resetting your data may make your progress and leaderboard rows unrecoverable.
4. The Services
Goldfish Memory is a single-player memory-training game with a global leaderboard. Features may be added, changed, or removed over time. We may impose limits on certain features or restrict access to parts of the Services without notice or liability.
5. Training claims — not medical advice
Goldfish Memory is designed to exercise working-memory span, serial recall, and distraction resistance through adaptive gameplay. It is provided for entertainment and general brain-training purposes only. It is not a medical device and does not diagnose, treat, cure, prevent, or mitigate any disease or condition, and it is not a substitute for professional medical, psychological, or educational advice. We make no guarantee of any specific cognitive, academic, or health outcome. Consult a qualified professional for any health concern.
6. Leaderboard and fair play
When your profile earns a score, the display name and avatar you chose and your best-run statistics are published to a public global leaderboard, as described in our Privacy Policy. You agree that:
- You will choose display names that are not unlawful, hateful, harassing, obscene, or impersonating another person, and that do not contain others’ personal information.
- You will not cheat, tamper with the game, use bots or automated means, exploit bugs, or otherwise manipulate scores or the leaderboard.
- We may remove leaderboard entries, reset scores, or restrict access if we reasonably believe an entry is fraudulent, manipulated, or violates these Terms.
7. Goldfish Memory Premium subscriptions
The App offers an optional auto-renewing subscription, Goldfish Memory Premium, which removes ads and unlocks premium features. Subscriptions are sold and processed through the Apple App Store or Google Play, not directly by us.
- Payment is charged to your Apple App Store or Google Play account upon confirmation of purchase.
- Auto-renewal. Your subscription automatically renews for the same period unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the period ends.
- Managing and canceling. You can manage or cancel your subscription in your Apple App Store or Google Play account settings. Deleting the App does not cancel a subscription.
- Free trials and promotions. If a free trial is offered, any unused portion is forfeited when you purchase a subscription, where permitted by the store.
- Pricing. Prices and available plans may vary by region and may change. Price changes apply only to future billing periods.
8. Continues and other purchases
The App offers Continues — a consumable in-app purchase that lets you revive and keep playing a run. Continues and any other consumable or virtual items are licensed to you for use within the App only. They have no monetary value, are not real currency, and cannot be redeemed for cash or exchanged for anything of value outside the App. Once granted, they are consumed within gameplay and are non-transferable and non-refundable except where required by law. A run continued with a Continue does not count toward your global leaderboard ranking, which reflects unrevived play. We may manage, modify, or discontinue consumable items at any time.
9. Refunds
Because purchases are processed by Apple and Google, refunds are governed by their policies. We generally cannot grant refunds directly. To request a refund, contact the Apple App Store or Google Play, as applicable. This does not limit any non-waivable refund or withdrawal rights you may have under Costa Rican consumer-protection law (Law No. 7472) or other applicable law.
10. Advertising
The free version of the App displays first-party promotions — “house” ads for our own games and features, such as Goldfish Memory Premium — served from within the App rather than by a third-party ad network. Subscribing to Goldfish Memory Premium removes them. If we introduce third-party advertising in the future, your interaction with those ads will also be governed by the applicable third parties’ terms and privacy policies.
11. Acceptable use
You agree not to:
- Use the Services for any unlawful purpose or in violation of these Terms.
- Reverse engineer, decompile, or attempt to extract source code, except to the extent permitted by law.
- Cheat, exploit, or manipulate scores, the leaderboard, or any in-app system, or use bots or automated means to access the Services.
- Interfere with, disrupt, or place undue load on the Services or their infrastructure.
12. Intellectual property
The App, including its software, branding, names, logos, designs, sounds, and content, is owned by HiveDevOps or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use.
13. Third-party services
The Services rely on third-party platforms and providers, including Google Firebase, RevenueCat, Apple, and Google. Your use of those services may also be subject to their terms. We are not responsible for third-party services.
14. Disclaimers
The Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that the leaderboard will always be available. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
15. Limitation of liability
To the maximum extent permitted by law, HiveDevOps and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill, arising from or related to your use of the Services. To the extent liability cannot be excluded, our total liability for any claim is limited to the greater of the amount you paid us for the Services in the 12 months before the claim, or US $50. Nothing in these Terms limits liability that cannot be limited under applicable law, including non-waivable consumer rights.
16. Indemnification
You agree to indemnify and hold harmless HiveDevOps from claims, damages, and expenses (including reasonable legal fees) arising out of your misuse of the Services, your violation of these Terms, or your violation of any law or third-party right.
17. Termination
We may suspend or terminate your access to the Services at any time if you violate these Terms or to protect the Services or other users. You may stop using the Services and delete your data at any time from within the App. Sections that by their nature should survive termination (such as intellectual property, disclaimers, and limitation of liability) will survive.
18. Governing law and disputes
These Terms are governed by the laws of the Republic of Costa Rica, without regard to its conflict-of-laws rules. Subject to any non-waivable rights you have under the consumer law of your country of residence, you agree that the courts located in San José, Costa Rica, will have jurisdiction over any dispute arising from these Terms or the Services.
19. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will revise the “Last updated” date above and provide notice as appropriate. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
20. Apple App Store — additional terms (EULA)
If you download the App from the Apple App Store, the following additional terms apply, and they prevail over any conflicting terms above with respect to your use on Apple devices:
- Parties. These Terms are between you and HiveDevOps only, not with Apple. Apple is not responsible for the App or its content.
- Scope of license. The license granted to you is a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms.
- Maintenance and support. HiveDevOps is solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish any maintenance or support.
- Warranty. HiveDevOps is solely responsible for any product warranties, whether express or implied. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
- Product claims. HiveDevOps, not Apple, is responsible for addressing any claims relating to the App, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer-protection or similar legislation.
- Intellectual property. In the event of a third-party claim that the App infringes intellectual property rights, HiveDevOps, not Apple, is responsible for the investigation, defense, settlement, and discharge of that claim.
- Legal compliance.You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right (and are deemed to have accepted the right) to enforce them against you.
21. Google Play — additional terms
If you download the App from Google Play, your use is also subject to the Google Play Terms of Service. Purchases made through Google Play are processed by Google, and cancellations and refunds are handled in accordance with Google Play’s policies.
22. Contact
Questions about these Terms? Contact us at:
HiveDevOps Technology S.R.L.
San José, Costa Rica
Email: info@hivedevops.com