Legal
Terms of Use
These Terms of Use (the “Terms”) are a legal agreement between you and XY Digital SRL, a company registered in the Republic of Moldova (“XY Digital SRL”, “we”, “us”), the developer and publisher of Dead Road Survivors (the “Game”). They cover the Game on any device, its online services (accounts, cloud save, co-op, leaderboards, events and the in-game store) and this website, together the “Services”.
By downloading, installing or using the Game, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Services. Please read sections 8 (virtual items), 14 (disclaimers), 15 (limitation of liability) and 19 (governing law) carefully.
1. Who can play
- You must be at least 13 years old to use the Services.
- If you are under 18, or under the age of majority where you live, you may only use the Services with the permission of a parent or legal guardian. They accept these Terms on your behalf and are responsible for your use of the Services, including any purchases.
- The Game contains fantasy violence, gore and horror themes. Check the age rating shown on your app store before playing.
- You may not use the Services if the law where you live does not allow it.
2. Your account
- The Game creates a guest account with a player ID the first time you play. You can link Sign in with Apple or Game Center on the PROFILE card to keep your progress when you change phones.
- A guest account that isn't linked may be lost if you delete the Game, reset or change your device. We can't always recover it.
- You are responsible for what happens on your account and for keeping your device and linked accounts secure. Tell us straight away if you think someone else is using your account.
- Your account is personal. You may not sell, trade, share, lend or transfer it.
- Deleting your account: you can delete your account at any time in the Game: tap your portrait to open PROFILE and tap DELETE ACCOUNT, then confirm. Deleting is permanent: your progress, Virtual Items and any unused Road Coins are removed and cannot be restored or refunded. See Delete account.
3. Your licence to play
The Game is licensed to you, not sold. Subject to these Terms, XY Digital SRL grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and use the Game for your own non-commercial entertainment, on devices you own or control, and only as permitted by the rules of the store you got it from (including the Usage Rules in the Apple Media Services Terms and Conditions). We and our licensors keep all rights not expressly granted to you.
4. Rules of play
You agree not to:
- cheat, or use bots, macros, hacks, modified game files or clients, or any unauthorised third-party software;
- exploit bugs or errors instead of reporting them to us;
- manipulate scores, leaderboards, event results (including damage to the World Boss), rewards or our server checks;
- copy, reverse engineer, decompile, disassemble, modify or create derivative works of the Game, except to the extent the law expressly allows it despite this restriction;
- interfere with, overload or attack our servers, networks or other players' connections, or access the Services by automated means;
- buy, sell, trade or transfer accounts, Road Coins, Scrap or Virtual Items, or offer services to do so;
- use display names that are offensive, hateful, sexually explicit, misleading, impersonate someone else or infringe someone's rights, or harass other players;
- use the Services for any unlawful purpose or in a way that breaks anyone's rights;
- remove or change any copyright, trademark or other notice in the Services.
We may investigate suspected breaches and act under section 12.
5. Display names, leaderboards and events
- Your display name, the badge you wear and the car you used are shown publicly on leaderboards and to the players you play co-op with. We filter offensive words and may reject, change or remove any display name.
- Every result is checked on our servers before it appears on a leaderboard. We may refuse, remove or correct results we reasonably believe were not achieved fairly or come from an error, and we may reset, change or end leaderboards and events.
- Event rewards (such as Base Defense and the World Boss) and podium badges are given as described in the Game, after our servers check them. We may change event rules, schedules, difficulty and rewards, and correct rewards given by mistake.
6. Online features and availability
- Some features need an internet connection, including online co-op, cloud save, the store, leaderboards and events. Any data charges from your mobile provider are yours. Co-op over Wi-Fi needs the Local Network permission on your device.
- We don't promise that the Services will always be available, uninterrupted, error-free or compatible with every device or operating system version. We may carry out maintenance at any time.
- We may change, suspend or stop any part of the Services, including online features, at any time. Where reasonable we will announce it in the Game or on this website. If we shut down the Game's online services for good, we will try to give at least 30 days' notice.
7. Updates
We may release updates, patches and new content, and some may be needed to keep playing. Updates can change gameplay, balance, prices and Virtual Items. These Terms apply to all updates.
8. Virtual currency and items
The Game includes Scrap (earned by playing), Road Coins (a premium currency you can buy or earn) and other virtual content such as cars, guns, upgrades, skins, paints, badges and effects (together, “Virtual Items”).
- You get a limited, personal, non-transferable and revocable licence to use Virtual Items in the Game. You do not own them. They have no monetary value, are not real money or property, and cannot be exchanged for cash or anything of value outside the Game, refunded (except where the law or the store's policy requires), sold, transferred or traded, other than through features we provide in the Game, such as EXCHANGE.
- Road Coins are used up when you spend them.
- Unused Road Coins and Virtual Items are lost, without compensation, if your account is deleted or terminated or the Services end, except where the law requires otherwise.
- We may manage, change or limit Virtual Items at any time, including their prices, exchange rates, availability, appearance, effects and rewards, for example to balance the Game.
- If Virtual Items are added to your account by mistake (for example through a bug, a server error, or a purchase that is later refunded or charged back), we may remove or correct them.
9. Purchases and refunds
- Real-money purchases are made through the Apple App Store or Google Play and processed by them under their own terms. They handle payment; we never receive your card or payment details. Prices are shown by the store in your local currency, including any taxes it applies.
- Purchased Road Coins are added to your account after our server confirms the purchase with the store. If a purchase doesn't arrive, open the Game again with an internet connection, or see Support.
- Refunds are decided by Apple or Google under their policies (for Apple, at reportaproblem.apple.com). If a purchase is refunded or charged back, we may remove the Road Coins or items it gave you.
- Purchases through Apple or Google are sold by them, and any right of withdrawal is handled under their terms. Where we sell digital content directly and the law allows, by asking for immediate delivery you agree that you lose your right of withdrawal once delivery has begun.
- Parents can control purchases with their device's settings, such as Apple's Ask to Buy and Screen Time, or Google Play's purchase approvals.
- Nothing in these Terms takes away rights you have as a consumer that cannot be excluded by law.
10. Intellectual property and videos
- The Services, including the Game's software, code, art, characters, vehicles, music, sounds, text, Virtual Items, the Dead Road Survivors name and logo, are owned by or licensed to XY Digital SRL and protected by intellectual property laws. All rights reserved.
- Videos and streams: you may record, stream and share videos of yourself playing the Game, including on monetised channels, as long as you don't suggest that we endorse you, you don't use files extracted from the Game, and you don't share cheats or exploits. We may withdraw this permission for specific content.
- The art in our press kit may be used for news, reviews and coverage of the Game.
- If you send us ideas or feedback, we may use them freely, without any obligation to you.
11. Third-party services
The Services rely on third-party services, including Apple (App Store, Sign in with Apple, Game Center), Google (Google Play) and Unity Technologies (accounts, cloud save and online play). Your use of them is also subject to their own terms and privacy policies, and we are not responsible for them. You must comply with any third-party terms that apply when you use the Game, such as your app store's terms and your mobile data agreement.
12. Suspension and termination
- You may stop using the Services at any time and delete your account in the Game.
- We may suspend or terminate your access, remove results, display names or Virtual Items, or delete your account if you seriously or repeatedly break these Terms, if the law requires it, or to protect other players or the Services. Where reasonable and allowed, we will tell you why.
- When your access ends, your licence ends and your Virtual Items are lost, with no refund except where the law requires one. Sections that by their nature should continue (including intellectual property, disclaimers, limitation of liability and governing law) continue to apply.
13. Health and safety
- Photosensitive seizure warning: the Game contains flashing lights, lightning, explosions and fast-moving images. A small number of people may have seizures when exposed to such images, even without a history of epilepsy. If you or a family member have a history of seizures, talk to a doctor before playing. Stop playing at once if you feel dizzy, have altered vision, eye or muscle twitches, disorientation or any involuntary movement.
- Play in a safe place and take regular breaks. Never play while driving or operating a real vehicle or machinery, and never copy anything from the Game in real life. The Game is fiction.
- The Game uses vibration; you can turn it off in OPTIONS.
14. Disclaimers
To the maximum extent permitted by law, the Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including that they will be uninterrupted, secure, free of errors or bugs, or that data or progress will never be lost. This does not affect any legal guarantee or consumer right that cannot be excluded under the law that applies to you.
15. Limitation of liability
- To the maximum extent permitted by law, XY Digital SRL and its directors, employees and partners are not liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profits, data, goodwill, progress or Virtual Items, or for problems caused by the unavailability of the Services or by other players or third parties.
- To the maximum extent permitted by law, our total liability to you for all claims relating to the Services is limited to the greater of (a) what you paid for purchases in the Game in the 12 months before the event giving rise to the claim, and (b) 50 euros.
- Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud, for wilful misconduct or gross negligence, or any other liability that cannot be limited or excluded by law.
16. Your responsibility for misuse
To the extent permitted by law, if you use the Services in breach of these Terms or the law, you will compensate XY Digital SRL for reasonable losses and costs (including reasonable legal fees) arising from third-party claims caused by that breach.
17. Apple App Store terms
If you got the Game from Apple's App Store, your licence to use it on Apple devices is also governed by Apple's Licensed Application End User License Agreement (the “Standard EULA”). Both apply; if they conflict about your licence, the Standard EULA prevails. In addition, you and XY Digital SRL acknowledge and agree that:
- These Terms are concluded between you and XY Digital SRL only, and not with Apple Inc. (“Apple”). XY Digital SRL, not Apple, is solely responsible for the Game and its content.
- Your licence is limited to a non-transferable licence to use the Game on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the Game may be accessed and used by other accounts associated with you through Family Sharing.
- XY Digital SRL is solely responsible for any maintenance and support of the Game, as set out in these Terms or as required by law. Apple has no obligation whatsoever to provide any maintenance or support for the Game.
- XY Digital SRL is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the Game fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the Game to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are XY Digital SRL's sole responsibility.
- XY Digital SRL, not Apple, is responsible for addressing any claims by you or any third party relating to the Game or your possession and use of it, including (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.
- If any third party claims that the Game or your possession and use of it infringes that third party's intellectual property rights, XY Digital SRL, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms of agreement when using the Game.
- Questions, complaints or claims about the Game should be directed to XY Digital SRL, whose details are in section 22.
- Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
18. Google Play terms
If you got the Game from Google Play, the Google Play Terms of Service also apply. Google is not a party to these Terms and is not responsible for the Game.
19. Governing law and disputes
- These Terms are governed by the laws of the Republic of Moldova, without regard to its conflict-of-law rules. If you are a consumer living in another country, you also keep the protection of the mandatory laws of your country of residence.
- If you have a complaint, please contact us first so we can try to resolve it. Give us 30 days to do so before starting any proceedings.
- Disputes will be settled by the competent courts of the Republic of Moldova. If you are a consumer, you may also bring proceedings in the courts of your country of residence where the law gives you that right.
- We do not take part in alternative dispute resolution proceedings before a consumer arbitration body, unless the law requires it.
- To the extent permitted by law, claims may only be brought individually, and not as a plaintiff or class member in any class, collective or representative proceeding.
20. Changes to these Terms
We may update these Terms, for example when we add features or the law changes. We will post the new version here with a new effective date. For important changes we will also tell you in the Game or on this website before they take effect, where reasonably possible. If you keep using the Services after the changes take effect, you accept them; if you don't agree, stop using the Services and delete your account.
21. General
- These Terms, the Privacy Policy and the store terms that apply to you are the whole agreement between you and us about the Services.
- If any part of these Terms is found invalid or unenforceable, the rest stays in effect.
- If we don't enforce a right straight away, we don't give it up.
- We may transfer these Terms to a company that takes over the Game or our business. You may not transfer your rights under them.
- We are not responsible for delays or failures caused by events beyond our reasonable control.
- These Terms are written in English. If we provide a translation, the English version prevails to the extent permitted by law.
22. Contact
Dead Road Survivors is developed and published by XY Digital SRL. Questions, complaints or claims about the Game or these Terms should be directed to XY Digital SRL. See also Support.
- Company
- XY Digital SRL
- Country
- Republic of Moldova
- Registered office
- mun. Chişinău, sec. Rîşcani, str. Eminescu Mihai, 72, ap.(of.) 402
- IDNO
- 1014600041924
