Cross Tracks Terms of Service

1. About these terms

These Terms of Service (the "Terms") apply to the Cross Tracks mobile game, including any updates, levels and content we provide for it (together, the "Game"). The Game is made by Podcrash Limited ("Podcrash", "we", "us" or "our").

By downloading, installing or playing the Game, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't download or play the Game, and delete it from your device.

2. Who can play

Cross Tracks is suitable for a general audience. If you are under 18, or under the age of legal adulthood where you live, please make sure a parent or guardian has read and agreed to these Terms with you. Parents and guardians are responsible for their child's use of the Game, including any purchases.

3. Your licence to play

As long as you follow these Terms, we give you a personal, limited, non-exclusive, non-transferable, revocable licence to download, install and play the Game on devices you own or control, for your own non-commercial entertainment, and in line with the rules of the app store you got it from.

This is a licence, not a sale. You don't own the Game or any copy of it, and we keep all rights we haven't expressly given to you.

4. Fair play

When using the Game, you agree not to:

• copy, modify, translate, decompile, reverse engineer or try to extract the source code, level data or assets of the Game, except where the law specifically allows it;
• use cheats, exploits, bots, automation software, hacks, mods or any unauthorised third-party tools;
• tamper with or edit save files, scores, stars or any leaderboard or achievement data;
• interfere with, or artificially generate, ad impressions or clicks;
• rent, sell, sublicense, distribute or otherwise make the Game available to others, or use it for any commercial purpose without our written permission;
• remove or hide any copyright, trademark or other notices in the Game;
• use the Game in any way that is unlawful, harmful, or that breaks these Terms.

5. Advertising

Cross Tracks is free to play and is supported by advertising. Ads are served by third-party ad networks, including Google AdMob. Depending on your device settings and the choices you make in the Game, those ads may be personalised or non-personalised. See our Privacy Policy to find out what data is used and how to manage your choices.

We don't control, endorse or take responsibility for the products, services or websites shown in third-party ads. If you tap an ad and deal with an advertiser, that is between you and them.

6. Purchases

The Game may offer optional in-app purchases, such as removing ads or unlocking extra content. If it does:

• all purchases are processed by the Apple App Store or Google Play, and are also covered by their terms, payment and refund policies;
• prices are shown in the Game or the store before you buy, and include any taxes the store collects;
• in-game items and content have no real-world monetary value, and can't be exchanged for cash, sold or transferred;
• purchases are licensed to you for use in the Game, in the same way as the Game itself.

Refund requests must be made to the store you bought from, as we can't issue refunds directly. If you are a consumer in the UK or EU, you agree that digital content is supplied immediately after purchase, and you understand this means you lose your 14-day right to cancel once supply has started. This doesn't affect your rights if the content is faulty.

7. Save data & privacy

Your progress, stars and settings are stored locally on your device. We don't keep a copy of your save on our servers, so if you delete the app, reset your save from the Settings screen, lose or replace your device, or your device storage is cleared, your progress may be lost permanently. We can't restore lost save data.

How we and our partners handle personal information is explained in our Privacy Policy, which forms part of these Terms.

8. App stores & third parties

You get the Game through third-party app stores such as the Apple App Store and Google Play. Your use of those stores, and of any platform features like Game Center or Google Play Games, is governed by their own terms and privacy policies. The Game may also include software or services from third parties (for example, ad providers or the Godot Engine), which may be subject to their own licences.

We aren't responsible for third-party services, and your device or app store provider isn't responsible for the Game.

9. Ownership

The Game and everything in it, including its code, levels, maps, voxel art, graphics, characters, music, sound effects, text, and the Cross Tracks and Podcrash names and logos, are owned by Podcrash or our licensors and are protected by intellectual property laws. Nothing in these Terms transfers any of those rights to you.

We're happy for you to share screenshots and gameplay videos of the Game on social media and video platforms, including monetised channels, as long as you don't suggest that we endorse you and you don't use our content in a misleading or offensive way. We may ask you to remove content at any time.

10. Feedback

We love hearing ideas for the Game. If you send us feedback or suggestions, you agree that we may use them freely to improve our games, without any obligation to pay or credit you.

11. Updates & availability

We are always working on the Game, so we may update, change, add or remove features, levels or content, or stop supporting older devices or operating systems. Some updates may be required to keep playing. We may also suspend or stop offering the Game altogether. Where we reasonably can, we'll give notice of major changes, and we'll always act in line with your legal rights.

We may change these Terms from time to time, for example to reflect new features or changes in the law. When we do, we'll update the effective date at the top of this page and, if the changes are significant, let you know in the Game or on this website. If you keep playing after the changes take effect, you accept the updated Terms. If you don't agree, you can stop playing and delete the Game.

12. Disclaimers

We work hard to make Cross Tracks fun and reliable, but we can't promise it will always be available, uninterrupted, error-free or compatible with every device. To the extent permitted by law, the Game is provided "as is" and "as available", without warranties of any kind beyond those required by law.

Cross Tracks is a game. It isn't a railway simulator or a training tool, and nothing in it should be relied on for real-world railway safety or operations.

13. Our liability

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law. This includes your statutory rights as a consumer. If you are in the UK, for example, digital content must be as described, fit for purpose and of satisfactory quality.

Subject to that, we are not responsible for any loss or damage that was not reasonably foreseeable, that was caused by your breach of these Terms, or that arises from third-party services, ads or app stores. Because the Game is provided free of charge, to the extent permitted by law, our total liability to you for all claims relating to the Game is limited to the greater of the amount you have paid us for in-app purchases in the 12 months before the claim, or £50.

If digital content we supply damages your device or other digital content, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or compensate you.

14. Ending these terms

You can stop using the Game at any time by deleting it from your devices.

We may suspend or end your licence to use the Game if you seriously or repeatedly break these Terms. When your licence ends, you must stop using the Game and delete it. Any sections that by their nature should continue after these Terms end (such as ownership, disclaimers, liability and governing law) will continue to apply.

15. Governing law

These Terms are governed by the laws of England and Wales. Any disputes will be dealt with by the courts of England and Wales. However, if you are a consumer living elsewhere in the UK or in the EU, you can also bring proceedings in the courts where you live, and you will keep the protection of any mandatory consumer laws of your country.

If you have a problem, please contact us first. Most issues can be sorted out quickly and informally.

16. Extra terms for Apple devices

If you downloaded the Game from the Apple App Store, the following also applies:

• These Terms are between you and Podcrash only, not Apple. Podcrash, not Apple, is solely responsible for the Game and its content.
• Your licence is limited to using the Game on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide maintenance or support for the Game.
• If the Game fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the Game. To the maximum extent permitted by law, Apple has no other warranty obligation for the Game.
• Podcrash, not Apple, is responsible for addressing any claims relating to the Game or your use of it, including product liability claims, claims that the Game fails to meet legal or regulatory requirements, and consumer protection or privacy claims.
• If a third party claims that the Game or your use of it infringes their intellectual property rights, Podcrash, not Apple, is responsible for the investigation, defence, settlement and discharge of that claim.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple has the right to enforce them against you.

17. General

• These Terms, together with our Privacy Policy and any applicable app store terms, are the whole agreement between you and us about the Game.
• If any part of these Terms is found to be unenforceable, the rest will remain in effect.
• If we don't enforce a right straight away, we can still enforce it later.
• You may not transfer your rights under these Terms to anyone else. We may transfer ours to another organisation, and this won't affect your rights.
• Except as set out in section 16, no one other than you and us has any right to enforce these Terms.

18. Contact us

Questions, problems or feedback about Cross Tracks or these Terms? We'd love to hear from you.