Terms of use

These terms are a contract between you and NIYA TECH LABS PTY LTD (ACN 698 379 145, ABN 26 698 379 145), an Australian proprietary company in Victoria.

They cover this website at niyatech.cc, the specifications published on it, and any mobile title we publish. A title may ship with supplementary terms, which prevail over these for that title where they conflict.

Using the website or a title means accepting these terms. If you do not accept them, do not use them.

The four accessibility specifications on this website are published so they can be read, used and argued with. This section sets out what you may do with them, because publishing something without saying that is an invitation to guess.

You may

• Read them, quote them, and criticise them in public.
• Apply them to your own work, commercial or otherwise, with no fee and no permission needed.
• Reproduce a section verbatim in a design document or a talk, with attribution to NIYA TECH LABS PTY LTD.

You may not

• State or imply that we have reviewed, approved, audited or certified your product. We certify nothing and nobody.
• Present a modified version as ours, or use our name or marks as the primary identifier of your product or service.

The Australian Consumer Law is Schedule 2 to the Competition and Consumer Act 2010 (Cth). Acquiring something from us as a consumer within the meaning of that Law gives you guarantees including acceptable quality, fitness for a disclosed purpose, and correspondence with description.

The statutory wording

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure you are entitled to a replacement or refund and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Limitation the Law permits

To the extent the Australian Consumer Law permits, our liability for failing to comply with a guarantee other than one under sections 51 to 53 is limited at our election to resupply or the cost of resupply.

Subject to these terms we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use our titles on a device you own or control, for your own non-commercial entertainment.

Not permitted

• Copying, selling, renting, sublicensing or distributing a title, or making it available on a network for concurrent use.
• Reverse engineering, decompiling or disassembling, except so far as that restriction is void under the Copyright Act 1968 (Cth) or the Competition and Consumer Act 2010 (Cth).
• Running a modified client, or using automation, scripts or emulator farms that produce gameplay events a person did not produce.
• Interfering with advertising, or removing a notice of ownership.
• Using a title to develop a competing product, or training a machine learning model on its assets.

Store terms

The App Store or Google Play terms also apply to the download and to payment and prevail over these for that subject matter. Apple and Google are not parties to these terms and have no obligation to support our titles. Where Apple's rules require it, Apple is a third party beneficiary of these terms for a title distributed through the App Store.

Who takes the payment

All in-app payments are processed by the store, not by us. We never see a card number and cannot process a refund directly because we never held the funds.

Refunds

• App Store: reportaproblem.apple.com. Apple decides.
• Google Play: through Google Play, which has an automatic window and a review process after it.
• From us: if the store refuses and you believe you have a remedy under the Australian Consumer Law, write to hello@niyatech.cc and we will deal with it on the merits.

An accessibility failure is a quality failure

If a title does not honour a setting this site says it will honour, that is capable of being a failure to comply with a consumer guarantee, and we will treat it that way rather than as a feature request. Tell us and we will deal with it under the guarantees above.

Digital content

Australian law gives no general cooling off right for digital content bought online. Your protection is the consumer guarantees, which apply whether or not you have started using the content.

Virtual items

Anything unlocked or bought in a title is a licence to use it in that title. Not property, no cash value, not transferable, not exchangeable for money.

Prices and tax

Prices are shown by the store in your local currency. NIYA TECH LABS PTY LTD is not currently registered for GST, so its own supplies do not currently carry GST; where a store collects tax as the supplier it does so under its own arrangements. A price change does not affect a completed purchase.

Our titles have no chat, no user generated content and no player to player messaging.

• Do not attempt unauthorised access to a title, another person's account, or our systems.
• Do not submit a result that was not produced by ordinary play on an unmodified client.
• Do not choose a display name that is unlawful, impersonates someone, or would be obviously offensive to a reasonable person. We may change such a name without notice.

Assistive technology is not cheating

Using a switch device, a controller, an operating system accessibility feature, or any assistive technology to play is expressly permitted and will never be treated as a breach of this section. Our anti-abuse checks look for automated play, and if one of them ever misclassifies assistive input, that is our defect. Tell us and a person will review it.

No uptime promise

Core gameplay runs offline. Online features depend on services we do not control, we make no availability commitment for them, and we do not offer service credits because we are not charging for a service level.

Changes to a specification

The published specifications may change. A change that weakens a requirement will be marked as such on the page with the date, and the previous wording made available on request. We will not silently relax a specification and leave the page reading as though it had always said the weaker thing.

Discontinuation

At least 60 days notice on this website and in the title. New purchases are disabled immediately on announcement, unused consumables are refunded through the store or directly if the store cannot, and where a title has account based progress an export is made available.

We own or licence everything in our titles and on this website: code, art, audio, level design, the Niya Tech Labs name and marks, and the arrangement of this site. The published specifications are separately licensed under the specifications section above.

Permitted without asking

• Recording and streaming our titles, including monetised video. You keep the revenue and the copyright in your own footage and commentary.
• Screenshots and short clips in reviews, news reporting, criticism and commentary.

The conditions are that you do not imply we produced or endorsed your video, and you do not use our marks as the primary identifier of your channel or product.

Fair dealing

Nothing here limits fair dealing under the Copyright Act 1968 (Cth) for criticism, review, parody, satire or news reporting.

Copyright complaints

Write to hello@niyatech.cc with "Legal" in the subject. Identify the work, what you say infringes it, the basis of your rights, and your contact details. We investigate every notice.

Personal information handling is set out in the privacy policy, which forms part of these terms. It is written to the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and it includes the boundary between an accessibility preference and health information, the permission table, the deletion route and the advertising controls.

Nothing in these terms reduces a right you have under that policy or under the Privacy Act.

Read this with the consumer guarantees section, which overrides it wherever the Australian Consumer Law applies.

What we are responsible for

Loss that is a reasonably foreseeable result of our breach or negligence, and anything the law does not permit us to limit, including fraud, death or personal injury caused by negligence, and breach of a non-excludable consumer guarantee.

What we are not responsible for

• Loss that was not reasonably foreseeable.
• Loss of profit, revenue, business, goodwill, anticipated saving or data, suffered in the course of a business rather than as a consumer.
• The outcome of applying a published specification to your own product, including any regulatory or legal consequence of doing so.
• The content of a third party advertisement, or anything on a site reached from one.
• A failure caused by your device, your network, or an operating system change outside our control.

Cap

To the extent the law permits, our total liability in connection with a title, a specification or this website, in contract, tort including negligence, statute or otherwise, is limited to the greater of what you paid for that title in the preceding 12 months and one hundred Australian dollars. The cap does not apply to liability that cannot be limited by law.

These terms are governed by the laws of Victoria and the applicable laws of the Commonwealth of Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts hearing appeals from them.

Non-exclusive means you may bring proceedings elsewhere where the law gives you that right. A consumer resident outside Australia is not deprived of the mandatory consumer law protection of the place they live.

Before litigation

Write to hello@niyatech.cc first. This is a request, not a precondition, and nothing here stops you going to a court, a tribunal or the Commissioner whenever you choose.

Cheaper routes

In Victoria the Victorian Civil and Administrative Tribunal hears many consumer matters, and the ACCC publishes guidance on which body handles what at accc.gov.au.

Changes

The version in force is the one published here with the effective date at the top. A change that materially reduces your rights gets at least 30 days notice, by a notice in the title on next launch and a note at the top of this page. Continuing after it takes effect means you accept it.

Severance

An invalid or unenforceable provision is read down so far as necessary, or severed, and the rest continues.

No waiver

Not enforcing a provision is not a waiver of it.

Assignment

You may not assign your rights. We may on a sale of the business or a title, and your rights under these terms and the privacy policy transfer with them.

Entire agreement

These terms, the privacy policy, the cookie notice and any supplementary title terms are the whole agreement about their subject matter. This does not exclude liability for misleading or deceptive conduct, which cannot be contracted out of.

Contact

NIYA TECH LABS PTY LTD, ACN 698 379 145, ABN 26 698 379 145. Email hello@niyatech.cc.

We do not publish a postal address here. The registered office recorded against ACN 698 379 145 at ASIC is the address with legal effect for service.