Terms of Use

Game: Portfolio Tycoon · Effective:

1. Introduction and operator

These general terms and conditions (the “Terms”) govern the conditions for making available and using the mobile game Portfolio Tycoon, including its updates, functions, digital content, online services and the related website (the “Game”), as well as the mutual rights and obligations of the operator of the Game and its users, in particular the conditions for providing digital content and digital services, granting a licence to use the Game and using its individual functionalities. The operator of the Game is , , company ID no. (IČO): (the “Operator”). Contact: .

The person who installs the Game, accesses it or uses it (the “User”) is obliged to comply with these Terms to the extent that they have become part of the contractual relationship between the User and the Operator, and with the applicable legal regulations. Before the contractual relationship is concluded, the Operator makes these Terms available to the User so that the User has the opportunity to read them, save them and display them again. The User expresses agreement with these Terms by expressly confirming them through the relevant control element in the Game before starting to use it. If the User does not agree, the User is not entitled to conclude a contract on the use of the Game or to use the Game in a manner requiring the conclusion of such a contract.

Information on the processing of Users’ personal data is set out in the separate Privacy Policy. Acceptance of these Terms does not constitute consent to the processing of personal data for personalised advertising.

2. What Portfolio Tycoon is

The Game is a simulation. All assets, companies, prices, rates, indices, properties, business opportunities, financial indicators, market events, economic indicators and money in the Game are fictional, simulated or created on the basis of simplified game models and serve exclusively for the purposes of the Game. The Game is not financial, investment, tax or legal advice, is not a trading platform and does not allow investing real funds in financial instruments or carrying out real transactions on financial markets. Purchases of digital content in the Game under Article 5 of these Terms are not investing or acquiring real financial assets. Results in the game do not guarantee or predict results in the real world. The Game is not a gambling game and offers no winnings in money or in values that could be exchanged for money. The results of TradeBot, short selling and every other automatic function are the output of game algorithms and simulation models in virtual currency and do not have the nature of real trading transactions or reliable forecasts of financial market developments. The game advisor’s tips, forecasts, hints, bot results and other texts in the game apply only in the fictional world of the game and are not a recommendation to buy or sell a real financial instrument, an investment recommendation, a personal investment recommendation or any other professional recommendation intended for making real investment decisions. The User should not use them as a basis for making real financial, investment, business, legal or tax decisions.

The Operator is entitled to change on an ongoing basis the rules of the Game, the economy of the Game (in particular the mechanisms of how virtual currency works, the prices and values of virtual assets, virtual yields, costs, rewards and game bonuses), algorithms, calculations of yields, rewards, bonuses and leaderboards, the behaviour of automatic systems, the parameters of virtual assets and other game mechanisms, if such a change is justified in particular by the development of the Game, balancing gameplay, maintaining fair playing conditions, preventing abuse of game mechanisms, ensuring compatibility, meeting legal or technical requirements, security or fixing errors. Changes under the preceding sentence may also include adjusting the amount of virtual yields, in-game prices, rewards, bonuses, time limits, the availability of virtual assets and the rules for obtaining or using them. When making changes, the Operator takes into account their nature, scope and proportionality in relation to the purpose of the Game. If a change constitutes a modification of the digital performance to which the relevant provisions on modification of digital performance in the Civil Code, effective and applicable to the given contractual relationship, apply, the Operator proceeds in accordance with those provisions, in particular complying with the statutory conditions for making the change, the information obligations and the User’s rights relating to the modification of digital performance and Article 8 of the Terms.

The User acknowledges that individual versions of the Game may differ from one another in content, functions, graphic design, game mechanics, economic models or the scope of available content, in particular as a result of updates, technical adjustments, changes to game mechanisms or the gradual development of the Game. Differences between versions of the Game do not in themselves constitute a defect in the digital performance, as long as the Game continues to meet the agreed and statutory requirements for digital performance.

The Game contains in particular trading of fictional assets (ETFs, stocks, crypto, commodities, bonds), the Empire (properties and vehicles), Allocation and Auto-invest, the Bank and Vault, Holding, an automatic bot (TradeBot), short selling, a career, goals, badges, a leaderboard of virtual investors, an AI advisor, daily bonuses and challenges. The scope of functions may change. The Operator is entitled, for justified technical, security, operational, legal or game reasons, to change, supplement, restrict, temporarily suspend or remove individual functions, game mechanisms, virtual assets, competitions, rewards or parts of the content of the Game, under the conditions set out in Article 8 of these Terms and the applicable legal regulations.

The User acknowledges that individual game functions and content may change during the development of the Game, and the Operator does not undertake to keep them unchanged throughout the operation of the Game, unless such an obligation follows from the contract or from the applicable legal regulations. Changes to the Game do not affect the User’s statutory rights relating to paid digital content already acquired or the User’s rights arising from liability for defects in the digital performance.

All virtual currencies, points, rewards, assets, portfolios, leaderboard positions, achievements, badges, game progress and other game elements exist exclusively within the Game. They have no separate monetary value outside the Game, do not constitute legal tender, electronic money, a financial instrument or any other financial product, do not constitute acquisition of ownership of the relevant software or other protected components of the Game, and cannot be transferred, monetised, inherited or exchanged for money, goods, services or other performance outside the Game. The User acquires in virtual currencies, game items and other digital content only the right to use them within the Game, to the extent resulting from these Terms and from the terms of their specific acquisition. If the User acquired virtual currency or other digital content for real money, this provision does not affect the User’s statutory rights arising from the relevant consumer contract, in particular rights arising from liability for defects in the digital performance.

AI advisor. The AI advisor may consist of rule-based algorithms, artificial intelligence systems or a combination of them. The technology used may change during the operation of the Game. The processing of personal data in connection with the use of the AI advisor, if it occurs, is governed by the Privacy Policy and the applicable legal regulations. The Game is not a financial service. It does not broker or sell financial instruments or cryptocurrencies, does not accept deposits or payments for investing and is not connected to any exchange, bank or broker. The outputs of the AI advisor are created exclusively for the needs of the game simulation, may be incomplete, simplified or incorrect, and cannot be relied on when making real financial, investment, business, tax or legal decisions. The AI advisor does not provide individualised recommendations or recommendations that take into account the personal situation of a specific user outside the game environment. Any adaptation of the AI advisor’s outputs to the virtual portfolio, game progress or the User’s decisions in the Game does not constitute an assessment of the User’s actual financial situation, investment objectives or risk tolerance.

The Operator is entitled to change on an ongoing basis the way the AI advisor works, its logic, rules, scope or outputs for justified reasons, in particular to increase security, fix errors, improve the quality of outputs, adjust game mechanisms, change the technologies used or ensure compliance with legal regulations. The provisions of Article 8 of these Terms apply to changes of the AI advisor as appropriate. The Operator is not obliged to maintain a specific algorithm, artificial intelligence model or way of generating outputs, as long as it does not thereby breach its contractual or statutory obligations.

Simplification and real investing. The Game simplifies reality. It may not take into account, or may take into account only in a simplified way, real fees, taxes, liquidity limits, market impact, regulation and many other risks. The educational texts, the quiz and the advisor are general and incomplete and serve exclusively for the purposes of the game simulation and a general introduction to selected economic principles. Before making real investment decisions, consult a professionally qualified person authorised to provide the relevant kind of investment or other professional advice. Real investing carries a risk of losing money. The Operator is not liable for decisions of the User made outside the Game solely on the basis of game simulations or outputs of the Game.

Health note. Some animations use flashing light and colour effects. If you are sensitive to flashing light or suffer from epilepsy or another health condition that may be affected by visual stimuli, use the Game with caution and interrupt its use as needed. We recommend regular breaks while playing. If health problems appear while using the Game, in particular dizziness, nausea, vision disturbances or other unusual symptoms, we recommend stopping play immediately and, depending on the circumstances, seeking professional medical help.

3. Age and eligibility

The Game may be used by persons aged 16 and over. Use of the Game by persons under 16 is not permitted. The Game is not intended for younger persons. The User is entitled to use the Game and to perform legal acts related to its use only to the extent of the User’s legal capacity under the applicable legal regulations. If the User has not reached the age of majority, the User may use the Game and perform legal acts related to its use only to an extent appropriate to the User’s age and intellectual and volitional maturity, or through a legal representative, if required by law. The User is obliged to provide the Operator with true, complete and up-to-date data where it is required for the purposes of using the Game or verifying compliance with the conditions of its use.

If the Operator finds out or has reasonable suspicion that the Game is being used by a person under 16, it may restrict or terminate that person’s access and delete the account, game progress and other related data to the extent permitted by law. In such a case the Operator is entitled to reasonably restrict or temporarily suspend the User’s access to the Game or its individual functions, in particular until compliance with the age condition has been verified. If non-compliance with the age condition is demonstrated, the Operator is entitled to terminate the User’s access to the Game and cancel the User’s user account, if one was created. The deletion of the user account, cloud backup, game progress and related data is carried out in accordance with the applicable legal regulations, without affecting the User’s statutory rights, in particular rights relating to digital content purchases already made and the protection of personal data.

Age verification is carried out only to the extent necessary and proportionate to the purpose pursued, taking into account the protection of the User’s personal data. If, despite a reasonable request, the User does not provide the cooperation needed to verify compliance with the age condition, the Operator is entitled to restrict or suspend the User’s access to the Game, and if compliance cannot be verified even subsequently, to terminate access. The Operator is not obliged to make the Game available to a person for whom the age condition set by these Terms is not met or reasonably demonstrated.

Devices and purchases. The User is obliged to reasonably secure their device, user account and Google account against unauthorised use by third parties. If the User allows another person to use their device or account, the User is responsible for the consequences of breaching their legal or contractual obligations to the extent provided by the applicable legal regulations. Purchases of digital content for real money may be made only by persons who are legally capable of entering into the relevant contract. If a purchase is made by a minor who is not capable of the relevant legal act, their legal representative must act on their behalf, if required by law. Purchase controls are available in Google Play (for example Family Link). The Operator is not responsible for the user or legal representative not using these tools or configuring them incorrectly, unless the Operator’s liability for a specific consequence arises from a breach of its own legal or contractual obligations.

Acts performed through the user account or Google account assigned to the User may, when assessing the circumstances of a specific case, be regarded as acts of the User, unless the available evidence or circumstances show that they were performed without authorisation by a third party. The mere use of a device or account does not give rise to an irrebuttable presumption that the act was performed by the User, nor does it change the statutory rules on the burden of proof. The User is responsible for securing their device, login credentials and access against unauthorised use by third parties to the extent that can reasonably be required of the User given the nature and manner of use of the Game.

The User is obliged to notify the Operator without delay of any reasonable suspicion of unauthorised use of their account or device in connection with the Game of which the User becomes aware, and to provide reasonable cooperation needed to secure the account and prevent further unauthorised use. In the event of a reasonable suspicion of unauthorised access, the Operator is entitled to take appropriate security measures, including temporary restriction of access to the affected account, where necessary to protect the User, the Game or other users.

Purchases of digital content and digital services in the Game may also be subject to the terms of Google and the Google Play service. The User acknowledges that the processing of payments, cancellations, refunds or payment complaints may be subject to the rules of the operator of the relevant platform. The Google Play terms govern the legal relationship between the User and the relevant platform provider to the extent of the services that this provider ensures. This does not affect the User’s rights against the Operator as the provider of digital content or a digital service, in particular rights arising from liability for defects in the digital performance.

4. Licence and rules of use

The Operator grants the User, for the duration of the User’s authorised access to the Game, a non-exclusive, personal, territorially unlimited, non-transferable and non-sublicensable licence for personal, non-commercial use of the Game on devices that the User owns or is entitled to use, exclusively to the extent necessary for proper use of the Game for the purposes for which it is intended. The licence includes the right to install the Game, run it and use its available functions and digital content in accordance with these Terms. It does not include the right to separate commercial use of the Game, to reproduce or distribute it beyond authorised use, or to make the Game available to third parties other than in the ways permitted by the Operator. The licence is granted exclusively for use of the Game in accordance with these Terms and may be restricted, suspended or terminated by the procedure under these Terms and the applicable legal regulations. If the User acquired digital content in the Game for real money, the scope of the User’s right to use such content is also assessed under Article 5 of these Terms. This does not affect the User’s statutory rights arising from the acquisition of paid digital content.

The User must not in particular:

  • without authorisation modify, decompile or reverse engineer the Game or circumvent its technical protection mechanisms (including save integrity signatures and time verification), or modify the saved game state outside the Game, unless this is conduct expressly permitted by mandatory legal regulations, in particular statutory exceptions applying to computer programs,
  • use bots, scripts, macros, emulators, automation tools, third-party modules or any technical means that automate play, interfere with the functioning of the Game, without authorisation obtain or mass-extract data from the Game or give the User an unauthorised or disproportionate advantage over other players, in particular when obtaining virtual currency, bonuses, ad rewards, game progress or leaderboard placement,
  • manipulate the device clock or other time data in order to obtain or increase offline earnings, rewards, bonuses, virtual currency or another game advantage without authorisation, or to circumvent the time limits of the Game,
  • sell, rent, sublicense or commercially exploit the Game or its content without the Operator’s prior consent,
  • enter a player name that is vulgar, hateful, misleading or infringes the rights of third parties, in particular their rights to the protection of personality, reputation or intellectual property rights, or that without authorisation creates the impression that the User is acting on behalf of the Operator or another person,
  • sell, exchange, share or transfer an account, backups or game progress, or use multiple accounts to multiply bonuses or circumvent game limits, penalties or other rules of the Game,
  • disrupt the operation of the services that the game uses (Firebase, ad services) or without authorisation interfere with their availability, security, integrity or proper functioning,
  • install, distribute or use modified versions of the Game, modified APK files or other software that changes the functioning of the Game without the Operator’s authorisation, in particular if they allow circumvention of security measures, manipulation of game data or unauthorised acquisition of game advantages,
  • copy, obtain, extract, monitor or otherwise use the source code, databases, graphic elements, economic models, algorithms or other parts of the Game beyond the ordinary use of the Game, if the User has no authorisation for such conduct under these Terms or mandatory legal regulations,
  • circumvent technical or organisational measures taken by the Operator, including creating new accounts in order to circumvent a restriction or termination of access to the Game,
  • carry out security testing, penetration testing, automated scanning or other activities aimed at finding vulnerabilities in a way that without authorisation interferes with the Game, its infrastructure, data or the rights of other persons, without the Operator’s prior written consent, unless such conduct is expressly permitted by legal regulations,
  • use artificial intelligence tools, automated decision-making systems or similar technologies to play automatically or to obtain an unauthorised advantage in the Game or to circumvent its rules and security mechanisms.

The prohibitions under this paragraph do not apply to the extent that they would restrict the User’s rights which cannot be contractually excluded under the applicable legal regulations.

In the event of a breach of these Terms, the Operator may, depending on the seriousness of the breach and its consequences, taking into account the nature and repetition of the breach, take appropriate measures to protect the Game, other Users and the Operator’s rights, in particular restrict or suspend access to the Game or its parts, withdraw or adjust virtual content, correct advantages obtained without authorisation, delete game progress, block cloud services, terminate the licence or terminate access to the Game. The Operator is entitled to take these measures without prior notice if reasonably necessary to immediately prevent continued breach of the Terms, abuse of the Game, unauthorised acquisition of game advantages or a threat to the security or integrity of the Game. In other cases the Operator may notify the User of the breach of the Terms and give the User a reasonable opportunity to remedy it, if the nature of the breach allows. The Operator may take measures under this Article also where, on the basis of available technical data, logs, security findings or other circumstances, we reasonably believe that a breach of these Terms, an attempt to circumvent them or activity threatening the security, integrity or proper functioning of the Game has occurred. In the case of a reasonable suspicion that has not yet been sufficiently verified, the Operator will give priority to a reasonable temporary protective measure, if it is sufficient in the circumstances. Permanent deletion of game progress, termination of the licence or termination of access to the Game on the grounds of breach of the Terms is carried out on the basis of sufficiently established circumstances and taking into account the seriousness of the breach. The Operator is not obliged to notify the User in advance of taking a measure or to provide detailed information on the control mechanisms or security measures used, if disclosing them could endanger the security of the Game, allow circumvention of protective mechanisms or defeat the purpose of the measure taken. This does not affect the Operator’s statutory information obligations. If virtual content, game progress, a reward or another advantage is credited by mistake, as a result of a technical error or malfunction, we may, to the necessary and reasonable extent, correct, adjust or withdraw it so as to restore the state corresponding to the proper functioning of the Game and its rules. When correcting game data, the Operator is entitled also to adjust subsequent virtual yields, bonuses, game progress or other advantages that arose in direct connection with the wrongly credited content or unauthorised manipulation. If the measure taken concerns paid digital content or substantially affects its use, the Operator proceeds in accordance with the applicable legal regulations and the User’s rights arising from its acquisition.

By being granted the licence, the User does not acquire ownership or other rights to the Game, its source code, content, trademarks, graphic elements, virtual assets or other components of the Game, other than the expressly granted licence to use it. All intellectual property rights to the Game and its individual components remain with the Operator or the relevant rights holders to the extent that these rights belong to them under the law. The User is not entitled to use the Game or its components beyond the licence granted by these Terms, unless such authorisation follows from mandatory legal regulations or from the special consent of the relevant rights holder. More detailed provisions on intellectual property rights, third-party content and licences are set out in Article 7 of these Terms.

4a. Account and cloud backup

The Game can be played without an account. The cloud backup uses an anonymous Firebase account created automatically, which you can optionally link to a Google account. Use of the Game is not conditional on linking the cloud account to a Google account. The cloud account and the cloud backup serve to store and, where applicable, restore game progress to the extent supported by the Game. You are responsible for the security of your Google account and device to the extent that you can reasonably influence their security. You may not transfer the backup to another person. The processing of data is described in the Privacy Policy; you can have your data deleted under this page. A cloud backup that has not been updated for at least 24 months may be deleted automatically for the purpose of managing inactive cloud backups and limiting the retention of unused data. For this purpose, a cloud backup is considered inactive if, during that period, no updated game progress was successfully saved to the cloud storage. If the Operator has a suitable contact detail of the User and it is technically possible, it may notify the User before deleting an inactive backup. The Operator is not, however, obliged to create new contact details or to require them to be provided solely for this purpose. After a backup or account is deleted (by you or automatically), game progress, virtual content and other data that were stored in them can no longer be restored. The User acknowledges that their loss may be permanent. Deleting a backup or account does not in itself give rise to a claim for compensation, if it was carried out in accordance with these Terms and the legal regulations and the Operator did not breach its contractual or statutory obligations. This does not affect the User’s statutory rights, in particular rights relating to purchased digital content. The cloud account and cloud backup are intended exclusively for one user and may not be shared, transferred or made available to third parties without the Operator’s consent, unless legal regulations provide otherwise.

The cloud backup is a supplementary functionality provided with technical limitations arising in particular from the way it works, the availability of an internet connection, the cloud infrastructure and third-party services. The Operator does not guarantee its uninterrupted availability or the success of every synchronisation or restoration of data, unless such an obligation follows from the contract or legal regulations. The Operator is not liable for loss, damage, incompleteness or non-restoration of game progress, virtual content or other data to the extent that they were caused by circumstances for which the Operator is not liable under the applicable legal regulations, in particular incorrect use of the Game, unauthorised interference by the User with the stored data or circumstances beyond the Operator’s reasonable control. The mere fact that the Operator uses a third-party service in providing the cloud backup does not exclude its liability for proper provision of the digital performance to the extent provided by legal regulations.

The Operator is entitled to delete, block or restrict the cloud backup or cloud account also in the cases referred to in Article 4 of these Terms, in particular in the event of a breach of the Terms, suspected fraudulent conduct, manipulation of the Game or a threat to the security or integrity of the Game. The scope and duration of the measure taken must be proportionate to the nature and seriousness of the breach or security risk identified. In the case of a reasonable suspicion that has not yet been sufficiently verified, the Operator may temporarily restrict or suspend access to the cloud account or backup if necessary to protect the Game, data or other Users. Where technically possible and proportionate to the purpose of the measure, the Operator will give priority to correcting or removing game advantages obtained without authorisation over deleting the entire cloud backup. When interfering with a cloud backup that also contains digital content acquired for real money, the Operator takes into account the User’s rights arising from its acquisition. This does not affect the Operator’s entitlement to remove content obtained fraudulently, without authorisation or as a result of a technical error, if such interference is legally permissible.

The Operator is not liable for loss of access to the cloud backup or cloud account caused by the cancellation, restriction, blocking or loss of access to the User’s Google account, unless the loss was caused by a breach of a legal or contractual obligation of the Operator. If the Game supports another way of accessing an existing cloud backup or restoring it, the User may use this way under the conditions and to the extent supported by the Game. The Operator is not obliged to restore access to a Google account managed by Google or to circumvent its security or authentication mechanisms.

If there is a discrepancy between the data stored on the device and the cloud backup, or if the data are incomplete, damaged or technically invalid, the Operator may, on the basis of available technical data, control mechanisms and synchronisation rules, determine which version of the game data will be used, or carry out an appropriate correction, restriction or deletion of it, where necessary to maintain the integrity of the Game or restore the proper functioning of the cloud backup. In deciding, the Operator takes into account in particular the time and success of the last synchronisation, the technical validity of the data, the results of integrity checks and the available records of game progress. Where technically possible and where it does not endanger the security or integrity of the Game, the Operator strives, when correcting data, to preserve valid game progress and legitimately acquired digital content. The User has no right to restoration of a specific version of game data if that version is damaged, technically invalid or was created in breach of the rules of the Game; this does not affect the User’s statutory rights arising from digital performance.

The Operator is entitled, for justified technical, security, operational, economic or legal reasons, to change, restrict, temporarily suspend or terminate the cloud backup, the cloud account or related functions, in the manner and under the conditions set out in Article 8 of these Terms and in the applicable legal regulations. If the provisions on modification of digital performance apply to a change of the cloud service, the Operator will comply with the conditions set by the relevant legal regulation.

Some functions of the cloud backup may depend on the availability of the internet, Google or Firebase services or other third-party technical services. The Operator is not liable for their unavailability, restriction or termination to the extent that it is not liable for such circumstances under the applicable legal regulations. The use of third-party services does not in itself exclude the Operator’s statutory liability for the digital performance provided to the User.

Progress, internet and deletion. Your progress is stored on the device and the Game works without internet; the cloud backup only supplements it. If you reset the game or delete the backup without an internet connection, progress on the device is deleted immediately and the cloud backup is deleted automatically the next time the Game connects to the internet, provided that the request to delete it is successfully transmitted and carried out. Resetting the game also deletes the cloud backup of the currently signed-in cloud account under the conditions set out below. Until the connection is restored, the cloud backup still exists and can be restored on another device, if it remains available and the User has authorised access to it. If the Game has no technical access to a specific cloud backup, its deletion may not be possible directly through the functions of the Game. In that case the User may ask the Operator to delete the data in the way set out in the Privacy Policy and on the Data deletion page.

Reset and cloud account. Resetting the game deletes the cloud backup of the cloud account that is signed in at that moment, and this backup can no longer be restored unless another backup is available. The backup of a cloud account that is not signed in is not affected by a reset; if you later sign in to that account, you can restore this backup, as long as it has not been deleted in the meantime or become technically unavailable. If you want to delete such a backup, sign in to the account and use deletion in the app, or contact us (see the Data deletion page). Deleting local game progress, the cloud backup and the cloud account may be different technical operations. The scope of deletion depends on the specific function that the User performs. Deleting game progress or the cloud backup does not affect the Operator’s statutory obligations to retain data that it is obliged or entitled to retain under legal regulations.

5. Virtual currency and Shop

The euro (€), the dollar ($) and other currency symbols and all other values in the Game that denote in-game funds are virtual game currency; the symbols serve for display only and do not represent real money. Any conversions between the currencies displayed in the Game are illustrative (fixed game rates), not real rates. Virtual currency has no separate monetary value outside the Game and cannot be withdrawn, paid out, transferred to another person or exchanged for real money, goods or services outside the Game. Rewards received, game items and progress are only part of the Game and may be used exclusively to the extent and under the conditions set by these Terms and the rules of the Game. Virtual currency, game bonuses, virtual assets and other digital content in the Game are not banking, payment, investment or other financial products, and by acquiring them the User does not acquire ownership of the software, source code or other protected components of the Game. The User acquires only the right to use them within the Game, and for paid digital content the User’s statutory rights remain preserved.

The Operator is entitled to change the way virtual currency and other digital content is obtained, used, consumed or displayed, as well as the economic parameters of the Game, including prices of virtual assets, rewards, bonuses and yields, for the justified reasons set out in Articles 2 and 8 of these Terms, in particular for the purpose of balancing the game economy, fixing errors, preventing abuse of the Game or ensuring its further development. Such changes do not in themselves give rise to a claim for a refund of the price, compensation for damage or any other compensation, if they are made in accordance with the contract and the applicable legal regulations. This does not affect the User’s statutory rights in the event of a modification of the digital performance or its non-conformity with the contract.

If virtual currency, game bonuses or other digital content are credited incorrectly as a result of a technical error, malfunction, abuse or incorrect processing of a transaction, the Operator may correct, reduce or withdraw such content to the extent necessary to remove the incorrect crediting and restore the proper state of the Game. The Operator is also entitled to reasonably adjust subsequent virtual yields, rewards, bonuses or game progress that arose in direct connection with the incorrectly credited content. If the User claims that the content concerned was duly acquired for real money, the Operator will assess the available transaction data and the circumstances of crediting the content. This provision does not entitle the Operator to withdraw, without legal grounds, digital content that has been duly paid for.

The Shop offers optional packs of virtual currency and game bonuses. Purchases for real money are made exclusively through Google Play (Google Play Billing), and the Google Play terms apply to them to the extent that they govern the services provided by this platform (payment, refund, cancellation). The price is shown in the currency of your country and always before you confirm the purchase; the purchased content is credited to the Game and cannot be exchanged for real money through game mechanisms. This does not affect any right to a refund of the price paid under legal regulations. No item in the Shop has random content (“loot box”). Purchased content is delivered as a rule without undue delay after the purchase has been successfully confirmed and processed by the relevant Game systems. Under consumer law, for a distance contract you usually have 14 days to withdraw, but not for digital content whose delivery began with your prior express consent and your confirmation that you thereby lose the right of withdrawal. For the supply of digital content not supplied on a tangible medium, the User may lose the right to withdraw from the contract within the statutory period if all statutory conditions of this exception are met, in particular if before delivery began the User expressly consented to delivery beginning before the withdrawal period expires, confirmed that the User had been informed of the loss of the right of withdrawal, and the trader provided the confirmation required by law. If legal regulations require a separate expression of consent or confirmation by the User, merely pressing the “Buy” button without meeting the further statutory conditions does not give rise to loss of the right of withdrawal. Refund requests are handled through Google Play to the extent that this platform is entitled or obliged to handle them. This does not affect the User’s statutory rights arising from the digital performance or rights that the User may exercise directly against the relevant trader. Before the contract is concluded, the Operator provides the information required by the applicable consumer protection legislation, in particular information on the main characteristics of the digital performance, the price, the delivery conditions, functionality and compatibility, and on the conditions for exercising or losing the right of withdrawal.

Who can buy. The Game is intended for ages 16 and over. Purchases for real money may be made only by a person who has reached the age of majority under the law of their country of residence (e.g. 18 in Slovakia) or is otherwise entitled to conclude such a contract, with the capacity to conclude a particular contract being assessed under the applicable legal regulations. A minor User may make a purchase only to the extent of their legal capacity. If the minor is not capable of concluding the relevant contract, the minor’s legal representative must act on their behalf in accordance with the applicable legal regulations. A person who makes their means of payment or Google account available to a minor is obliged to take reasonable measures to prevent unauthorised purchases. Any liability of that person is assessed under the applicable legal regulations. Google Play may also have its own age and parental consent rules in addition to these Terms.

Who provides what. Payment for items in the Shop is processed by Google Play under the Google Play terms; digital content credited in the Game is provided by the Operator within the scope of its contractual obligations. Direct questions about payment and refunds primarily to Google Play, and questions about the content and how it works to us (see Article 15). If the User exercises statutory rights against the Operator, the User may contact the Operator directly through the contact details given in Article 15. Referring to Google Play does not relieve the Operator of obligations arising from the contract or from the applicable legal regulations.

Licence, prices, refund and restoration. Virtual currency and game items are not transferred to you as ownership of separate things or financial assets; by acquiring them you obtain the right to use the relevant digital content within the Game. The Operator is entitled to restrict, adjust or withdraw virtual currency, game items or other digital content also in the cases referred to in Article 4 of these Terms, to the extent and under the conditions set by these Terms and the applicable legal regulations. By purchasing you obtain a limited, personal, non-transferable licence to use them in Portfolio Tycoon under these Terms and the characteristics of the purchased item stated at the time of purchase. We may change the prices, sizes and availability of packs and items in the Shop; a change does not affect purchases already made and has no retroactive effect on the price that the User paid for purchased content. If a payment is refunded, cancelled, reversed or a chargeback is made, the Operator may withdraw the relevant digital content, reduce the game balance, restrict use of the Game, suspend cloud services or suspend or terminate access to the Game until the situation is resolved, if the measure is justified by the circumstances of the transaction, proportionate and in accordance with legal regulations. The legitimate exercise of the statutory right of withdrawal, a complaint or a refund is not in itself a breach of these Terms. If the price of purchased digital content was refunded to the User, the Operator is entitled to cancel the right to use the relevant content and to remove or reasonably adjust this content and the advantages directly derived from it, unless legal regulations provide otherwise. All items available in the Shop are digital content or digital services intended for use exclusively within the Game. Once credited to the Game they are part of your saved progress, and Google Play may no longer allow them to be restored through its standard functions if the Game does not retain or process the data needed for such restoration. After reinstalling the Game or when using a new device, digital content can be restored only to the extent that it is part of an existing cloud backup or another supported backup, or through another restoration mechanism, if the Game supports one. Article 4a of these Terms applies as appropriate to the cloud backup and its limitations. If game progress, the cloud backup or the account is deleted, digital content may be lost permanently without any claim to a refund of the price, compensation for damage or other compensation, if the deletion occurred on the basis of the User’s act or in accordance with these Terms and the legal regulations and the Operator did not breach its contractual or statutory obligations. The User acknowledges that resetting the Game, deleting game progress, deleting the cloud backup or the user account may lead to permanent loss even of digital content that the User acquired for real money. No claim to a refund of the price or other compensation arises for content lost in this way, provided that the loss occurred in accordance with these Terms and the legal regulations without a breach of the Operator’s obligations. This does not affect the User’s statutory rights which cannot be contractually excluded or restricted.

In the case of repeated chargebacks, abuse of refunds or suspected fraudulent transactions, the Operator may restrict or terminate the ability to make further purchases in the Game, if it has objective and proportionate grounds for such a measure, in particular repeated unauthorised acquisition of digital content without paying the price or demonstrated abuse of payment mechanisms. In the case of a reasonable suspicion, the Operator may temporarily suspend the ability to make further purchases until the circumstances have been reasonably verified. The mere exercise of statutory consumer rights is not a ground for a sanction.

The User acknowledges that the final confirmation of a transaction depends on the assessment by the relevant payment service provider or the Google Play platform and on the successful processing of the transaction result by the Game’s systems. The Operator is entitled not to credit digital content if the transaction was not successfully confirmed, or to reasonably suspend its crediting while the transaction is being verified. If the operation of the Game or a substantial part of it is discontinued, virtual currency, game bonuses, virtual assets and other digital content expire without monetary compensation, unless mandatory legal regulations provide otherwise. Discontinuation of the operation of the Game or a substantial part of it does not in itself give rise to a claim for a refund of the price, compensation for damage or other compensation, if it was carried out in accordance with the contract and the applicable legal regulations and the Operator did not breach its obligations. This does not affect the User’s statutory rights, in particular rights relating to the termination or modification of the digital performance.

6. Ads

The Game contains optional rewarded ads provided through third-party advertising services (currently mainly Google AdMob), which the Operator may change, replace or supplement from time to time. The Operator is entitled, for justified technical, operational, security, economic or game reasons, to change, restrict, suspend or cancel ad rewards, the conditions for obtaining them, their amount, frequency or availability, even without prior notice, if the change does not interfere with the User’s statutory or contractual rights. If a change is subject to the statutory rules on modification of digital performance, the Operator proceeds under Article 8 of these Terms and the applicable legal regulations. You start an ad yourself (e.g. for the daily bonus, a TradeBot bonus or an extension of the daily limit) and receive a reward in the Game for watching it, if all the conditions for obtaining it are met, in particular proper completion of the required viewing of the ad and successful confirmation of compliance with the conditions by the ad service or the Game’s system. The content of ads is determined by advertisers and Google, and the Operator as a rule does not determine the specific content of individual ads. The Operator is not responsible for the conduct of advertisers or for the content of ads to the extent that responsibility does not arise for it under the applicable legal regulations. The availability of ads is not guaranteed (it depends on the ad network, your country, your connection and your consent choices). If an ad is not available, does not load, its playback is interrupted, the ad network does not confirm its proper completion or the User does not watch it to the end, the conditions for obtaining the reward are not considered met, the reward is not credited, and the Operator is not obliged to provide a substitute reward or any other compensation. Merely starting an ad, watching it partially or attempting to play it does not give rise to a claim to an ad reward. Daily limits for ads and bonuses are part of the rules of the Game and may change in accordance with these Terms. The processing of data in connection with ads is described in the Privacy Policy. Displaying an ad or obtaining an ad reward is not conditional on giving consent to the processing of personal data for personalised advertising, unless the applicable legal regulations provide otherwise. However, not giving or withdrawing such consent may affect the availability of ads to an extent that depends on the ad service used.

The Operator is not liable for the unavailability, delay, errors or incorrect functioning of ads, ad rewards or ad services caused by Google, the AdMob service, the internet provider, the user’s device or another third party, to the extent that these circumstances were not caused by a breach of a legal or contractual obligation of the Operator and the Operator is not liable for them under the applicable legal regulations. The Operator is not obliged to ensure the uninterrupted availability of the ad network, a particular advertiser or a particular ad campaign. In the event of a technical fault or unavailability of ad services, it may temporarily suspend the provision of ad rewards until the problem is resolved.

If an ad reward is credited by mistake, as a result of a technical error, abuse or a failure of the ad system, the Operator may reasonably adjust or withdraw such reward, the related game progress or the virtual content obtained from it to the extent necessary to remove the unauthorised advantage and restore the proper state of the Game. The Operator is also entitled to reasonably correct subsequent virtual yields, bonuses or game results that arose in direct connection with the incorrectly credited ad reward. Such a correction does not in itself give rise to a claim for a refund of the price, compensation for damage or other compensation, if it was carried out in accordance with these Terms and the applicable legal regulations and the Operator did not breach its obligations. The User must not circumvent the daily limits for ads, ad rewards or the mechanisms intended to verify compliance with the conditions for obtaining an ad reward.

In particular, it is prohibited to use automated tools, scripts, bots, modified apps, to manipulate ad requests or ad network confirmations, to pretend to complete an ad, to repeatedly create accounts in order to circumvent limits, or to engage in other conduct aimed at unauthorised acquisition of ad rewards. In the case of a reasonable suspicion of such conduct, the Operator is entitled to temporarily restrict the obtaining of ad rewards. If a breach is established, it may take appropriate measures under Article 4 of these Terms, including correcting or withdrawing advantages obtained without authorisation.

The User acknowledges that the Operator does not guarantee the availability of a specific number of ads, ad rewards or ad opportunities in a given period, unless it has expressly committed to providing them in a specific offer or another contractual arrangement. A failure to display an ad, exhaustion of the available ad campaigns or the unavailability of an ad opportunity does not in itself give rise to a claim to a substitute ad, an ad bonus, a refund of the price or other compensation, unless the applicable legal regulations or a specific contractual arrangement provide otherwise.

7. Intellectual property and licences

The Game, its source and machine code, databases, graphic elements, user interface, texts, illustrations, sounds, music, design, the specific expression of game mechanisms and economic models, virtual content and other components of the Game are protected by intellectual property rights to the extent that they meet the statutory conditions for protection, and belong to the Operator or its licensors to the extent of their respective rights or authorisations. Rights in individual components of the Game may include in particular copyright, database rights, trademarks, trade secrets and other subjects of legal protection. Game principles, rules, ideas, procedures or algorithmic principles are not subject to copyright protection merely because they are used in the Game; this does not affect their possible protection under other legal regulations. By acquiring the Game or digital content in it you do not obtain any rights other than the authorisations expressly granted by these Terms, the relevant licence or legal regulations. The User is not entitled to copy, distribute, publish, make publicly available, modify, create derivative works from or otherwise use any part of the Game or its content beyond the licence expressly permitted under these Terms, unless the User has another statutory authorisation or the consent of the relevant rights holder for such conduct. The prohibitions under this Article do not apply to the extent that they would restrict authorisations which cannot be contractually excluded under the applicable legal regulations, in particular the use of a computer program permitted by law.

The illustrations in the Game (e.g. character avatars) were created by the Operator with the help of generative artificial intelligence tools (Google Gemini) and adapted for the needs of the Game. The characters are fictional and do not depict real persons. The Operator is entitled to use the illustrations in the Game and to exercise all authorisations arising for it from the applicable legal regulations, licences and the terms of the tools used. The use of generative artificial intelligence tools does not in itself give rise to the Operator’s exclusive copyright in every output created in this way. The legal protection of a specific illustration or its adaptation is assessed under the applicable legal regulations and the nature of the human creative contribution. Copying, distributing, making publicly available or commercially using the illustrations outside the Game, to the extent that the Operator is entitled to restrict such use under the applicable legal regulations and licences, is not permitted without its consent. By this provision the User does not acquire the right to use the Game’s designations, its protected graphic elements or other components of the Game in a way that would create a false impression of an association with the Operator or its consent to such use.

Some functions of the Game or its content may use artificial intelligence, machine learning or automated content generation tools. The Operator does not guarantee the completeness, correctness, accuracy, currency or freedom from errors of content created in this way beyond the characteristics and requirements that it is obliged to ensure under the contract or the applicable legal regulations, and is entitled, for justified technical, security, operational or development reasons, to change, restrict, replace or remove the way it is created, the data sources, the models used or the content itself, in accordance with Article 8 of these Terms and the applicable legal regulations.

Some texts, illustrations, game events, game names, descriptions, notices, economic simulations or other content of the Game may be created, adapted or supported by artificial intelligence tools. Such content may contain inaccuracies, simplifications or errors. The Operator does not guarantee its completeness, correctness or freedom from errors as a source of information usable outside the game simulation, and is entitled at any time, for justified reasons connected with the operation, development, security or repair of the Game, to adjust, replace or remove it, while respecting the User’s rights arising from the contract and the applicable legal regulations.

If the User enters a nickname, profile name or other content into the Game, the User grants the Operator a non-exclusive, royalty-free right to use this content for the purposes of operating the Game, leaderboards, community functions, support and promotion of the Game, to the extent that the User is entitled to grant such a right and to the extent that the content is protected by intellectual property rights. If the content is subject to copyright protection, the User grants the Operator a non-exclusive, royalty-free, territorially unlimited licence to use it for the duration of the authorised use of the Game and subsequently to the extent necessary to fulfil legal obligations, protect the Operator’s rights or preserve outputs that have already been lawfully created. The licence includes in particular the right to store, reproduce, technically adapt, display and make the content available within the Game and its functions. For the use of user content to promote the Game outside its ordinary functions, this licence applies only to the extent proportionate to the purpose for which the User provided the content and while respecting the rights to protection of personality and personal data. This provision does not in itself create a legal basis for the processing of personal data; their processing is governed by the applicable legal regulations and the Privacy Policy.

The User is responsible for ensuring that names, nicknames or other content entered by the User do not infringe the rights of third parties or breach the applicable legal regulations or the rules of use of the Game. In the event of a breach, the Operator is entitled to remove or adjust such content without prior notice, if this is proportionate to the nature of the breach, in particular if the content infringes the rights of third parties, is unlawful, offensive, hateful or without authorisation creates the impression of an association with another person or entity. The Operator may also reasonably restrict further use of the content or function concerned in accordance with Article 4 of these Terms. This does not affect any statutory obligations of the Operator relating to content moderation or providing information on the measure taken.

Without the Operator’s prior written consent, it is not permitted to obtain without authorisation, make available, publish or commercially use databases, economic models, algorithms, statistics, game data or other non-public information relating to the functioning of the Game, if they go beyond ordinary use of the Game and are protected by the applicable legal regulations, constitute a trade secret or were obtained by unauthorised interference with the Game or its infrastructure. This provision does not restrict the obtaining of information permitted by law, the lawful use of a computer program, statutory exceptions from database protection or other rights that cannot be contractually excluded.

The Game also uses third-party components under their licences, which apply to the relevant components independently of these Terms:

  • Twemoji (emoji graphics, © Twitter, Inc. and contributors, in the form of the Twemoji Mozilla font) – licence CC-BY 4.0, the graphics have been modified (vector cropping into icons and avatars).
  • Chart.js and the date-fns adapter – MIT licence.
  • Firebase JavaScript SDK – Apache 2.0 licence.
  • Capacitor (including the Haptics, Local Notifications and In-App Review plugins) and the AdMob plugin – MIT licence.
  • Tailwind CSS – MIT licence.
  • Sora (font) – SIL Open Font License 1.1.

The rights to the above components remain with their respective rights holders. The use and further distribution of the components is governed by the terms of their specific licences. If the relevant licence requires attribution, retention of the licence text, copyright notices or other information, the Operator makes them available in a way that meets the requirements of that licence. The list of components and licence designations must correspond to the versions of software and graphic elements actually used.

All names of companies, assets (including cryptocurrencies), properties and products in the Game are, by its concept, fictional and are not intended to designate real companies, products or persons; any resemblance to real designations may be coincidental. The Game is not associated with any real company, exchange, bank or cryptocurrency and does not use their trademarks to indicate its own origin, unless expressly stated otherwise. Google Play and the Google Play logo are trademarks of Google LLC. The mention of a third party’s name or designation in the Game does not mean that this third party sponsors or approves the Game or is economically connected with the Operator.

Feedback. If you send us feedback, ideas, recommendations or suggestions, the Operator may, free of charge and without time or territorial limitation, to the extent permitted, use, modify, develop and combine them with other solutions and use them in the development, operation or promotion of the Game, without any claim by the user to remuneration, a licence fee or other compensation, unless mandatory legal regulations provide otherwise. If the feedback contains a copyrighted work or another subject of intellectual property rights for which the User is entitled to grant a licence, the User grants the Operator a non-exclusive, royalty-free, territorially unlimited licence to use it for the above purposes, for the duration of the relevant property rights, to the extent permitted by legal regulations. The licence includes the right to reproduce, modify, process, combine with other elements and make the content available to the extent necessary for the development, operation and promotion of the Game. The User declares that the User is entitled to provide the feedback and to grant the relevant authorisations without unlawful interference with the rights of third parties.

The name Portfolio Tycoon, the designations of the Game, logos, graphic elements and other designations used by the Operator may be protected as trademarks, business names or other intellectual property rights. Their use without the Operator’s consent is not permitted to the extent that the Operator is entitled to prohibit such use under the applicable legal regulations. The Operator may also use feedback, suggestions and recommendations to test, evaluate and improve the algorithms and functions of the Game, including functions using artificial intelligence. If such use involves the processing of personal data, it must have a separate legal basis under the applicable data protection legislation. This provision does not constitute consent to the processing of personal data for the purposes of training artificial intelligence models.

8. Availability, changes, termination

We are continuously developing the Game. We may update it and, for legitimate reasons, change its functions, economy and balance (including values, rewards and time limits), e.g. when fixing errors, maintaining the balance and fairness of the game, ensuring security, meeting technical or legal requirements or improving playability, if such changes are proportionate to the nature of the Game, its further development, security, technical requirements or maintaining the balance of the game mechanisms. Changes may include in particular adjusting game rules, algorithms, calculations of virtual yields, prices and parameters of virtual assets, rewards, bonuses, leaderboards, time limits, automated systems, graphic design and the scope of available functions. The Operator may supplement, replace, restrict or remove individual game elements, if this is proportionate to the purpose and reason for the change. The Operator informs of changes that may have a substantial adverse effect on the User’s access to the digital performance or its use in the manner and within the period required by the applicable legal regulations. If the law requires notice a reasonable time in advance on a durable medium, merely publishing the notice in the Game or on the website is not considered sufficient unless it meets the statutory requirements. For changes to digital performance provided over a period of time that go beyond changes necessary to maintain its conformity with the contract, the Operator proceeds under the applicable legal regulations, if this provision applies to the performance concerned. Such changes are made at no additional cost to the User and under further statutory conditions. These changes may also include adjusting, replacing or removing virtual assets, game bonuses, rewards, game mechanisms or other digital content, if reasonably necessary for the purposes set out in this Article. This does not affect the consumer’s rights arising from legislation governing the modification of digital content or a digital service. If a change gives the User a statutory right to terminate the contract, the Operator will allow the User to exercise this right to the extent provided by law.

Online services (cloud backup, time server, ads) we may change, interrupt or terminate for legitimate reasons, in particular due to maintenance, updates, security, technical incompatibility, a change or termination of third-party services, disproportionate operating costs, a change of business model or compliance with legal obligations. If a permanent termination of an online service is planned that may substantially affect the use of the Game or of purchased digital content, the Operator informs Users of it as a rule at least 30 days in advance, unless objective technical, security, legal or other serious reasons require a shorter procedure. This does not affect the special statutory requirements for informing the User and the User’s rights in the event of a modification or termination of the digital performance. A temporary restriction or interruption of these services caused by technical limits of the infrastructure we use, maintenance or an outage of a third party (for example Google or Firebase) is also an interruption within the meaning of this paragraph; the game remains playable offline to the extent of the functions that do not require an internet connection, and we will restore the services as soon as is reasonably possible, having regard to the nature of the fault, the availability of a technical solution and other circumstances. This does not affect your statutory rights as a consumer. The Operator does not guarantee uninterrupted availability of online services or their error-free functioning beyond the requirements arising from the contract and the applicable legal regulations. The Operator is not liable for outages or restrictions of online services to the extent that they were caused by circumstances for which it is not liable under the applicable legal regulations. However, the mere use of a third party’s infrastructure does not exclude its statutory liability for the digital performance provided.

Purchased content. Content that you purchased is made available within the Game in the manner existing at the time it is provided and to the extent resulting from the characteristics of the purchased content, the relevant offer and these Terms. Where technical circumstances allow, it remains usable even after online services are terminated, if its use does not require functions or infrastructure whose operation has ended. If we end the whole game in such a way that you can no longer use purchased paid content, the Operator will stop offering the content concerned a reasonable time before the planned end of operation of the Game and will inform Users of the planned end as a rule at least 30 days in advance, unless objective technical, security, legal or other serious reasons require an earlier end. Statutory information obligations are not affected. Any claims of users are assessed under the applicable legal regulations and the terms of the Google Play platform, to the extent that these terms apply to the specific claim. Purchasing digital content does not give rise to a right to unlimited or permanent operation of the Game or to the preservation of all its functions in unchanged form. A proper termination of the operation of the Game or an online service does not in itself give rise to a claim for a refund of the price, compensation for damage or other compensation, if it was carried out in accordance with the contract and the applicable legal regulations and the Operator did not breach its obligations. You can stop using the Game at any time by uninstalling it. Uninstalling the Game does not in itself have to lead to the deletion of the cloud account, the cloud backup or other data processed by the Operator. Their deletion is governed by Article 4a and the Privacy Policy.

The Operator is entitled to terminate the operation of the Game or its parts for technical, security, business, economic or legal reasons, in particular if further operation is not technically feasible, safe, economically reasonable or is in conflict with legal or contractual requirements relating to the Game. Termination of operation may be full or partial and may also concern individual functions, online services, game modes or the availability of the Game in certain countries. Unless mandatory legal regulations provide otherwise, virtual currency, virtual assets, game bonuses and other digital content expire on the date of termination of operation without monetary compensation. The User acknowledges that purchasing digital content does not give rise to a right to its permanent availability after the operation of the Game is terminated. Termination of the operation of the Game or its part does not in itself give rise to a claim for a refund of the price, compensation for damage or other compensation, if it was carried out in accordance with these Terms and the applicable legal regulations and the Operator did not breach its obligations. If termination of operation interferes with the Operator’s continuing contractual obligations or with the User’s rights arising from purchased digital content, any claims are assessed under the applicable legal regulations. This provision does not exclude rights that a consumer cannot validly waive in advance.

Availability by country. The Game is currently offered to users in the European Economic Area, the United Kingdom and Switzerland; we may offer it in other countries or stop offering it in a particular country (respecting the rights of existing Users arising from the contract and the applicable legal regulations). You must not use the Game where applicable sanctions or export rules relating to the Game or its provision prohibit it. The mandatory consumer law of the country of your habitual residence applies regardless of this Article, to the extent provided by the relevant conflict-of-laws rules. The Operator may restrict the availability of the Game or its individual functions in a specific country if necessary to comply with legal regulations, sanctions regimes, the terms of the distribution platform or for objective technical or operational reasons. This does not affect the statutory rights of existing Users.

The Operator is not liable for the unavailability of the Game or its services caused by circumstances beyond its reasonable control, in particular outages of third-party services, cyber attacks, failures of telecommunications networks, interventions of public authorities or force majeure, to the extent that it is not liable for these circumstances under the applicable legal regulations. Technical or operational shortcomings that the Operator could have prevented by exercising reasonable professional care, or whose consequences it could have reasonably limited, are not considered without more to be circumstances beyond the Operator’s reasonable control. This does not affect the User’s statutory rights, in particular rights arising from non-conformity of the digital performance with the contract.

9. Disclaimer of warranties

To the extent permitted by law, the Operator does not guarantee that the Game will be continuously available, error-free or that saved progress will never be lost (e.g. in the event of device failure, an internet outage, failure of third-party services or a technical error). We do not guarantee the achievement of a specific game result, progress, reward, leaderboard placement, yield of virtual assets or the availability of specific game functions or mechanisms in unchanged form throughout the operation of the Game, unless the contract or legal regulations provide otherwise. We recommend using the cloud backup; its functioning, limitations and risks are governed by Article 4a of these Terms. The Game is a simulation intended for entertainment and education and is not financial, investment, legal, tax or other professional advice. This Article applies only to the extent permitted by legal regulations and does not limit the consumer’s statutory rights, in particular the right to conformity of digital content and digital services with the contract and rights arising from non-conformity of the digital performance with the contract. No provision of this Article excludes the Operator’s obligation to provide digital performance in conformity with the contract or its liability for non-conformity of the digital performance to the extent provided by the applicable legal regulations.

The User bears sole responsibility for decisions made on the basis of information, texts, simulations, forecasts, outputs of the AI advisor or other content of the Game when used outside the environment of the Game, in particular if the User uses such content as a basis for a real financial, investment, business, legal or other decision without independent verification. The content of the Game is created for the purposes of the game simulation, need not be based on real market data and is not intended as a reliable basis for decisions about the User’s real assets or obligations. The Operator is not liable for the consequences of using game simulations or outputs of the AI advisor outside the purpose of the Game to the extent that it is not liable for them under the applicable legal regulations.

The Game may be temporarily unavailable or restricted due to updates, maintenance, security measures, technical problems or circumstances beyond the Operator’s reasonable control. The Operator is entitled to take necessary technical or security measures even without prior notice, if needed to protect the Game, its infrastructure, data or the rights of Users. Temporary unavailability of the Game or a function does not in itself give rise to a claim for a refund of the price, compensation for damage or other compensation, if it occurred in accordance with the contract and the applicable legal regulations and the Operator did not breach its obligations. This does not affect the User’s statutory rights in the event of non-conformity of the digital performance with the contract.

10. Liability

Nothing in these Terms limits our liability for intentional conduct, gross negligence, injury to life, body or health, your rights under data protection legislation, your statutory rights in respect of non-conformity of the digital performance with the contract, or anything else that cannot be excluded or limited by law. In other cases and to the extent permitted by legal regulations, we are liable only for damage arising in direct connection with the breach of our obligations and where the statutory conditions of liability for damage are met. This provision does not apply to the extent that it would conflict with the mandatory rights of the consumer under legal regulations. No provision of these Terms excludes or limits the Operator’s liability for breach of obligations for which it is liable irrespective of fault under the applicable legal regulations, or the User’s rights that cannot be validly waived in advance.

We are not liable for lost profit, indirect damage or for decisions you make on the basis of experience from the Game, which is a simulation with virtual money and not financial advice. Virtual currency, virtual assets, game items, bonuses and game progress have no monetary or other property value outside the Game and cannot be paid out or exchanged for real money. This fact does not in itself exclude statutory claims relating to purchased digital content.

The Operator is not liable for failure to achieve an expected game result, virtual yield, progress, reward or leaderboard placement, unless it expressly guaranteed such a result and failure to achieve it does not constitute a breach of a contractual or statutory obligation.

If game data is lost or damaged as a result of a breach of our statutory obligations, we may, depending on the circumstances, take appropriate measures to restore, correct or re-make it available, in particular if these measures are technically feasible and correspond to the nature of the problem identified. This does not affect the user’s rights arising from mandatory legal regulations. When assessing the causes of loss of game data, the way the cloud backup and the user’s device are used and the circumstances set out in Article 4a of these Terms are also taken into account. If the loss of game progress, the cloud backup or virtual content occurs as a result of a voluntary reset of the Game, deletion of data by the User, loss of access to the User’s device or another circumstance for which the Operator is not liable under the applicable legal regulations, such loss does not in itself give rise to a claim for a refund of the price, compensation for damage or other compensation. This also applies where the lost game progress included digital content purchased for real money, provided that the loss occurred without a breach of the Operator’s contractual or statutory obligations.

To the extent permitted by legal regulations, we are not liable for damage or loss of data caused solely by the acts or omissions of third-party service providers, in particular the services of Google Play, a Google account, Firebase, AdMob or providers of electronic communications services. The mere fact that a particular technical or payment service is provided by a third party does not relieve the Operator of liability for performing its own obligations towards the User.

We are not liable for non-performance or delayed performance of obligations caused by circumstances beyond our reasonable control, in particular outages of third-party services, cyber attacks, infrastructure failures, interventions of public authorities or force majeure, where such circumstances exclude or limit the Operator’s liability under the applicable legal regulations. The Operator will take reasonable measures to limit the consequences of such circumstances, if this is reasonably possible having regard to their nature, the technical options and statutory obligations. This provision does not apply in cases where the applicable legal regulations do not permit release from liability on the grounds stated.

The restriction, suspension or termination of access to the Game, removal of virtual content, a reset of game progress or the taking of another measure carried out in accordance with these Terms, in particular under Article 4, does not in itself give rise to a claim for compensation for damage, a refund of the price or other compensation. If the measure interferes with purchased digital content, its admissibility and consequences are also assessed under the provisions on consumer protection and digital performance.

The User is responsible for the User’s own decisions made outside the Game, even where they were based on information, simulations, forecasts, TradeBot results, the AI advisor or other content of the Game. The Game is a simulation intended for entertainment and education and its content is not intended as a basis for real financial, investment, business, legal, tax or other professional decisions. The Operator is not liable for the consequences of using game content for such purposes to the extent that it is not liable for them under the applicable legal regulations.

11. Consumer rights and governing law

If you are a consumer, nothing in these Terms reduces the protection that the mandatory provisions of the law of your country of habitual residence give you, to the extent that they apply under the relevant conflict-of-laws rules. These Terms and the relationships arising from them are governed by the law of the Slovak Republic, and this choice of law does not deprive the consumer of the protection provided by provisions of the law of the country of the consumer’s habitual residence from which it is not possible to derogate by contract, if those provisions would apply in the absence of a choice of law. If the user is not a consumer, the courts of the Slovak Republic have jurisdiction to decide disputes, where the applicable legal regulations permit such an arrangement and do not provide for the exclusive jurisdiction of another court. Resolve disputes preferably by agreement – contact us at . A consumer may also turn to an alternative consumer dispute resolution body – in Slovakia, e.g. the Slovak Trade Inspection (www.soi.sk) – or to a court under the rules on jurisdiction. If the consumer is not satisfied with the way the Operator handled the consumer’s request for redress, or believes that the Operator has breached the consumer’s rights, the consumer may address the Operator with a request for redress and subsequently, where the statutory conditions are met, file a proposal to initiate alternative dispute resolution with the competent body. The details are governed by Act No. 391/2015 Coll. on alternative resolution of consumer disputes. The above provisions do not restrict the consumer’s right to turn to the competent court under the rules of international and local jurisdiction.

Complaints. Send a complaint (also about paid digital content) to the e-mail given in Article 15 and describe the problem so that the digital performance concerned and the alleged defect can be identified. We will confirm receipt of the complaint by e-mail, if the User has given us an e-mail address that allows the confirmation to be delivered. We will handle the complaint within the period required by the applicable legal regulations and will inform you of the outcome by e-mail or in another way permitted by law. If the provisions of the Civil Code on digital performance apply to the complaint, the Operator proceeds under the relevant provisions governing the consumer’s rights in the event of non-conformity of the digital performance with the contract, in particular as regards remedying the non-conformity, a reasonable price reduction or withdrawal from the contract where the statutory conditions are met. This does not affect your right to turn to an alternative consumer dispute resolution body or to a court.

The User is obliged to provide reasonable cooperation needed to assess the complaint, in particular to describe the problem, state the circumstances of its occurrence and, on request, provide reasonable technical information about the device or the version of the Game used, where this information is necessary to assess the complaint and it can fairly be required of the User. The Operator may also ask the User for other reasonable documents relating to the problem complained of, in particular identification of the purchase, a description of the steps leading to the error or technical data needed to reproduce it. Failure to provide non-essential data is not in itself a ground for rejecting the complaint.

If a complaint relates to a payment, refund, chargeback or transaction processing, the user may be referred to the procedures and rules of the Google Play platform, if the complaint concerns services provided by this platform. However, if the complaint concerns conformity with the contract of the digital content or digital service provided by the Operator, the mere fact that payment was made through Google Play does not relieve the Operator of its statutory obligations towards the User. Any refund, cancellation or reimbursement through Google Play will be taken into account when assessing the User’s claims so that the same claim is not satisfied twice.

The Operator is not obliged to re-examine a complaint on which it has already decided, if the user does not submit new facts or new relevant documents and if it concerns an identical claim based on the same factual circumstances that has already been duly assessed. This provision does not prevent the User from asserting a new or different statutory claim, reporting a repeated or persisting non-conformity of the digital performance with the contract, or using statutory means of protecting the User’s rights. The Operator is not obliged to repeatedly provide the same reasoning in response to submissions that merely repeat an already handled request without new relevant facts, unless the applicable legal regulations provide otherwise.

Communication concerning a complaint may take place exclusively by electronic means, unless legal regulations require otherwise and if such a method of communication makes it possible to meet the statutory requirements for the content, form and delivery of the relevant notice or document. If legal regulations require information to be provided on a durable medium, the Operator ensures that it is provided in a way that meets this requirement.

12. Changes to the Terms

We may change the Terms for legitimate reasons, in particular when adding or removing functions of the Game, changing technical solutions, security measures, the third-party services used, the business model or the way digital content is provided, upon a change of law, or when the wording of these Terms needs to be clarified or aligned, if the change is proportionate to its reason and to the nature of the contractual relationship. The current version is always on this page with its effective date. We will inform you of material changes in the game or on the website at least 30 days before they take effect, unless legal regulations or the nature of the change require a shorter period or immediate effect for reasons of security, protection of the rights of third parties or compliance with legal obligations. If legal regulations require individual notification of a change, notification on a durable medium or another special form of information, the Operator will comply with these requirements. If you do not agree with a change, before it takes effect you may stop using the Game, uninstall it and follow the data deletion rules set out in these Terms. Uninstalling the Game does not in itself result in the expiry of the User’s statutory claims or in the automatic deletion of the User’s cloud account or backup. If after a duly notified change takes effect you continue to use the Game, this may be regarded as an expression of agreement with the amended Terms only to the extent that the applicable legal regulations and the circumstances of the specific case permit. Continued use of the Game does not in itself replace the User’s express consent where such consent is required, nor does it give the Operator the right to unilaterally change existing contractual obligations beyond the agreed mechanism of change permitted by law. A notice of a material change will contain information on its nature, its effective date and any rights of the User relating to the change. This does not affect the User’s rights where legal regulations require a special procedure for a particular change of a digital service or provide a right to terminate the contract. Changes to the Game itself, its functions, game mechanisms or digital performance are also governed by Article 8 of these Terms. A change to the wording of the Terms does not in itself entitle the Operator to circumvent the statutory requirements for a modification of digital performance.

Notices. We give you notices in the game, on this website and, if you have given us an e-mail address, also by e-mail, the specific manner of notice depending on its nature and statutory requirements. A notice in the Game or on the website is considered delivered at the moment it is published, if it is a general notice for which neither legal regulations nor these Terms require individual delivery to the User. If legal regulations require individual notification, its delivery or provision on a durable medium, merely publishing the information on the website or in the Game is not considered to satisfy this obligation, unless that manner of notice meets the relevant statutory requirements. You can send notices to us at . The Operator is entitled to choose one or more ways of notice according to the nature of the specific information and the requirements of the applicable legal regulations.

The User acknowledges that it is the User’s responsibility to familiarise themselves with the current wording of the Terms and with notices published in the Game or on the website. This duty does not relieve the Operator of the obligation to duly notify changes to the Terms or to provide information individually or on a durable medium, where the applicable legal regulations require it.

13. Third parties and Google Play

You download and install the Game through Google Play, and the Google Play terms (Google LLC or its affiliate) also apply to this. These Terms are an agreement between you and the Operator, not Google, Apple or the device manufacturer. The Operator is responsible for providing the Game, its support and maintenance to the extent of its contractual and statutory obligations; this does not affect the obligations of third-party service providers arising from their own contractual relationships or legal regulations. The Operator is entitled to change, replace or supplement third-party service providers from time to time, if necessary for technical, security, operational or business reasons and to the extent permitted by these Terms and the applicable legal regulations. The third-party services that the game uses (Google Play, Firebase, Google AdMob, Google Sign-In) are subject to their own terms and policies to the extent that they apply to the User or to the provision of the relevant service. The Operator is not liable for the availability, functionality, changes, restrictions, termination, blocking or other decisions of third-party service providers that may affect the functioning of the Game or some of its functions, unless it is liable for their consequences under the applicable legal regulations and has not breached its own contractual or statutory obligations. This does not affect the consumer’s rights against the Operator to the extent that the Operator is liable under legal regulations for the provision of digital content or a digital service. You are responsible for the charges of your mobile operator and data connection.

If the user loses access to a Google account or if it is cancelled, restricted or blocked by Google, the Operator is not liable for the resulting loss of access to the functions of the Game, the cloud backup or related services, unless it did not occur as a result of a breach of the Operator’s obligations and the Operator is liable for its consequences under the applicable legal regulations. The User acknowledges that the possibility of restoring access to the cloud backup or linking it to another account depends on the technical capabilities of the Game and the relevant third-party services. The Operator is not obliged to ensure restoration of access that is not technically feasible, unless such an obligation arises from the contract or law.

The User acknowledges that the terms, technical requirements and policies of third-party service providers may change independently of the Operator. Such changes may affect the availability or functioning of individual functions of the Game. Any changes to the Game or the digital performance that the Operator makes as a result are also governed by Article 8 of these Terms and the applicable legal regulations.

The processing of payments, refunds, chargebacks and other transactional acts carried out through Google Play is governed by the terms of the relevant platform provider to the extent that they apply to the transaction concerned. Google Play handles the processing of payments for purchases made through the Game under the platform’s rules. Digital content made available in the Game is provided by the Operator to the extent set out in these Terms. The provisions on the processing of payments and refunds through Google Play do not exclude or limit the consumer’s statutory rights against the person who, under the relevant contractual relationship and legal regulations, is responsible for providing the digital performance. If a refund was provided for a specific transaction or it was cancelled, the Operator may proceed under Article 5 of these Terms.

The Operator is not liable for the Game being available or fully functional on all devices, operating system versions or configurations supported by third parties, in particular if they do not meet the technical requirements of the Game or the requirements stated at its distribution, provided that the statutory requirements for conformity of the digital performance with the contract are not thereby affected. The Operator is not obliged to ensure compatibility of the Game with all future devices or operating system versions, unless such an obligation arises from the contract or the applicable legal regulations.

The User acknowledges that some functions of the Game may be conditional on meeting the requirements of third-party service providers, including requirements as to age, region, user account or technical device settings. Failure to meet these requirements may lead to the unavailability or restriction of the function concerned, provided that the User’s statutory rights in relation to the digital performance that is to be provided to the User under the contract are not thereby affected.

14. General provisions

  • Severability. If any provision of these Terms becomes invalid, ineffective or unenforceable, this does not affect the validity, effectiveness and enforceability of the other provisions. The provision concerned is assessed under the applicable legal regulations. If an interpretation preserving its validity and effectiveness is permissible, that interpretation is preferred to the extent permitted by legal regulations. This does not affect the rules protecting the consumer against unfair contract terms.
  • Entire agreement. These Terms constitute the basic contractual regulation of the use of the Game between the Operator and the User. The Privacy Policy governs the provision of information on the processing of personal data and is not in itself part of the contract, unless its nature or the applicable legal regulations provide otherwise; this does not affect the procedure for notifying changes under Article 12. This provision does not affect individual arrangements, information provided before the conclusion of the contract that under legal regulations becomes part of it, or the User’s statutory rights.
  • Assignment. To the extent permitted by the applicable legal regulations, the Operator may assign its receivables, transfer rights or ensure the transfer of rights and obligations arising from these Terms to a third party or a legal successor, in particular in connection with the sale of the Game, the business or part of it. If the transfer of the contractual relationship or the assumption of obligations requires the User’s consent or compliance with other statutory conditions, the Operator will ensure that they are met. The User’s statutory rights must not be restricted by such a transfer. The User is not entitled to transfer or assign the User’s rights or obligations arising from these Terms without the Operator’s prior consent, unless mandatory legal regulations provide otherwise. This restriction does not apply to rights whose transfer or assignment cannot validly be made conditional on such consent.
  • Non-enforcement. If we do not immediately exercise a right, this does not mean that we waive it or that we waive the possibility of exercising it in the future, unless the applicable legal regulations provide otherwise.
  • Language. The Terms may also be made available in other language versions. These translations serve only to make it easier to use the Game and to become familiar with the Terms. In the event of a conflict between the language versions, the Slovak wording prevails, unless mandatory legal regulations provide otherwise. This does not affect the statutory requirements for providing contractual and pre-contractual information in a language that the consumer must understand under the applicable legal regulations, or the rules for the interpretation of consumer contracts.
  • Survival. Provisions which by their nature are intended to continue after the use of the Game ends, in particular provisions on purchases made, licences, intellectual property rights, liability, dispute resolution, governing law, third-party services and these general provisions, remain valid also after termination of the contract or of the use of the Game, to the extent that their continued application is justified by their nature and permissible under the applicable legal regulations.
  • Force majeure. To the extent permitted by the applicable legal regulations, the Operator is not liable for an outage of the Game or its services or for delayed performance of obligations caused by circumstances beyond our reasonable control, in particular outages of third-party services, infrastructure failures, outages of telecommunications networks, cyber attacks, interventions of public authorities, natural events or other cases of force majeure. This provision applies only where and to the extent that the above circumstances exclude or limit the Operator’s liability under the applicable legal regulations. The mere existence of such a circumstance does not relieve the Operator of obligations that it is nevertheless obliged to perform.
  • Electronic communication. Unless these Terms or legal regulations require another form, communication between the user and the Operator may take place electronically. Electronic communication satisfies the requirement of written form or a durable medium only if the conditions set by the applicable legal regulations are met.
  • Order of documents. In the event of a conflict between the documents governing the use of the Game, their provisions are interpreted in accordance with the applicable legal regulations. The contractual rights and obligations between the Operator and the User are governed primarily by these Terms, unless a special or individual arrangement that takes precedence under legal regulations provides otherwise. The Privacy Policy governs information on the processing of personal data, and its content and legal effects are assessed under the applicable data protection legislation. In the event of a conflict between the Terms and mandatory legal regulations, the relevant legal regulations prevail.
  • No waiver. No statement, information or communication of the Operator is considered a waiver of a right, claim or authorisation, unless expressly stated or unless such a legal effect follows from the content of the specific legal act or from the applicable legal regulations.

15. Contact