Terms of Service

Effective date: August 3, 2026

1. About These Terms

These Terms of Service (“Terms”) govern your access to and use of the websites, mobile games, applications, content, support services, and related features provided by CHEW CUP PTY LTD (“Chewcup,” “we,” “us,” or “our”).

Our products and services, including our website and games such as Gem Flux, are collectively called the “Services.”

By downloading, installing, accessing, or using a Service, you agree to these Terms. If you do not agree, do not access or use the Services.

2. Eligibility

Our Services are not directed to children under 13. You must be at least 13 years old to use them.

If you are under the age at which you can legally enter into a binding agreement where you live, your parent or legal guardian must review and agree to these Terms on your behalf. Your parent or guardian is responsible for supervising your use of the Services, including any purchases.

You must also meet any higher minimum age or parental-consent requirement that applies in your country or region.

3. Privacy

Our Privacy Policy explains how we collect, use, store, and share information when you use the Services. It forms part of your relationship with us and is available at:

https://chewcup.com/privacy/

4. Licence to Use the Services

Subject to these Terms, Chewcup grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Services for your own non-commercial entertainment.

You may not sell, rent, sublicense, distribute, copy, modify, publicly display, or commercially exploit any part of the Services except where we give you written permission or applicable law expressly allows it.

The Services are licensed to you, not sold.

5. Accounts and Player Profiles

Some Services may create or use an account, installation identifier, device identifier, or other player identifier to provide features such as cloud saves, game progression, purchases, leaderboards, and profile information.

You are responsible for:

You must notify us promptly at hi@chewcup.com if you believe your account or player profile has been accessed without permission.

Accounts, identifiers, progress, and purchases may not be transferable between players, devices, operating systems, or platform accounts unless a Service expressly supports that transfer.

6. Display Names, Icons, and Leaderboards

Some games may allow you to select a display name and choose a player icon from a set provided by Chewcup. They may also display your name, icon, player identifier, score, rank, or similar gameplay information to other players through leaderboards.

Do not use a display name that:

We may remove, reset, or restrict a display name where we reasonably believe it violates these Terms or is necessary to protect players or the Services.

Player icons are selected from options supplied by Chewcup. The Services do not currently allow players to upload their own profile images.

7. Acceptable Use

You must not:

We may use technical measures to detect, investigate, prevent, and address cheating, fraud, abuse, security threats, and violations of these Terms.

8. In-App Purchases and Virtual Items

Some Services may offer in-app purchases. These purchases may include virtual currency, boosters, cosmetics, inventory items, power-ups, or other digital content (“Virtual Items”).

Purchases are processed by the platform through which you obtained the Service, such as the Apple App Store or Google Play. The platform’s payment terms may also apply.

You are responsible for reviewing the displayed price and purchase details before confirming a transaction. If you are under the age of legal majority where you live, your parent or guardian must authorise the purchase.

Virtual Items:

We may reasonably adjust gameplay balance, features, or the operation of Virtual Items as a game develops. We will not limit any refund, replacement, or other remedy required by applicable law.

Except where required by law, refunds are administered according to the rules and processes of the platform that processed the purchase. Deleting a game, account, or player profile does not automatically provide a refund.

If a purchase is not delivered correctly, contact us at hi@chewcup.com and provide the relevant platform and transaction information. Do not send us complete payment-card details.

9. Advertising and Rewards

Some Services may display advertisements, including advertisements that offer an optional in-game reward for viewing or interacting with them.

The availability, content, and delivery of advertisements may depend on your device, region, age, settings, and privacy choices. Advertising may be provided by third-party services.

A reward is granted only when the applicable Service receives valid confirmation that its requirements were completed. We may refuse or reverse duplicate, fraudulent, automated, manipulated, or incorrectly granted rewards.

Third-party advertisements and linked services are controlled by their respective providers. Chewcup does not endorse every product or service advertised through the Services.

10. Website Content and External Links

Our website may provide news, previews, descriptions, images, videos, development information, and links to third-party websites or communities.

We aim to keep our content accurate, but development plans, features, release dates, availability, and other information may change.

Links to third-party services such as app stores, social-media platforms, Discord, or other websites are provided for convenience. Those services operate under their own terms and privacy policies, and we are not responsible for their independent content or practices.

11. Ownership and Intellectual Property

Chewcup and its licensors retain all rights, title, and interest in the Services, including their:

Except for the limited licence granted under these Terms, no rights are transferred to you.

If you send us feedback or suggestions, you allow us to use them without restriction or payment to you. This does not transfer ownership of unrelated material or intellectual property you already own.

12. Updates and Changes to the Services

We may update the Services to add, remove, balance, repair, secure, or modify content and functionality.

Some updates may be required to continue using a Service. Availability may differ by device, operating system, platform, country, or region.

We may suspend or discontinue part or all of a Service where reasonably necessary, including for maintenance, security, legal compliance, technical limitations, low service viability, or changes to third-party platforms.

Where reasonably practicable, we will provide notice of a material discontinuation. Nothing in this section limits rights or remedies that cannot legally be excluded.

13. Suspension and Termination

You may stop using the Services at any time. Where an account-deletion feature is available, you may use it to request deletion of the associated account and cloud data.

In Gem Flux, the account-deletion control is currently located at:

Settings > Other > Delete Account

Deletion is permanent and may remove game progress, Virtual Items, inventory, cosmetics, scores, achievements, and other account information. Deleted information may not be recoverable.

We may restrict, suspend, or terminate access where we reasonably believe that:

Where appropriate and reasonably practicable, we may provide notice or an opportunity to address the issue.

Sections that are intended by their nature to continue after termination—including provisions concerning ownership, purchases, liability, and disputes—will survive termination.

14. Service Availability and Disclaimers

We use reasonable care and skill in providing the Services. However, online and software-based services may sometimes experience interruptions, errors, delays, compatibility issues, maintenance, data loss, or security incidents.

To the extent permitted by law, we do not promise that every Service will always be available, uninterrupted, secure, or error-free, or that it will work on every device or configuration.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded, including rights available under the Australian Consumer Law.

Where a guarantee applies and liability can legally be limited, our liability will be limited only to the extent permitted by applicable law.

15. Limitation of Liability

To the maximum extent permitted by law, Chewcup is not liable for indirect, incidental, special, exemplary, or consequential loss arising from the Services, including loss of opportunity, profit, goodwill, or data, where such loss was not reasonably foreseeable.

We are not responsible for loss caused by:

These limitations do not apply where liability cannot legally be excluded or limited, including liability arising from fraud, wilful misconduct, or applicable consumer-protection law.

16. Changes to These Terms

We may update these Terms when the Services, business practices, platform requirements, or applicable laws change.

We will publish the updated Terms and revise the effective date. If a change materially affects your rights, we will provide additional notice where reasonably practicable or legally required.

Your continued use of the Services after updated Terms take effect constitutes acceptance of those Terms, except where applicable law requires another form of consent.

If you do not agree to an update, you must stop using the affected Services.

17. Governing Law and Disputes

These Terms are governed by the laws of New South Wales, Australia.

The courts of New South Wales and the courts entitled to hear appeals from them have non-exclusive jurisdiction over disputes relating to these Terms or the Services.

Before commencing formal proceedings, you and Chewcup agree to make a reasonable attempt to resolve the dispute by contacting the other party and describing the issue and requested resolution.

This section does not prevent either party from seeking urgent relief. It also does not deprive you of mandatory consumer rights or protections available under the laws of your country or region.

18. General Terms

If a provision of these Terms is found to be invalid or unenforceable, it will be interpreted or limited to the minimum extent necessary, and the remaining provisions will continue to apply.

Our failure to enforce a provision immediately does not waive our right to enforce it later.

You may not transfer your rights or obligations under these Terms without our written permission. We may transfer our rights and obligations as part of a merger, acquisition, restructuring, financing, or sale of all or part of our business, subject to applicable law.

These Terms and the Privacy Policy constitute the agreement between you and Chewcup concerning the Services, except where additional terms are expressly presented for a particular Service or feature.

19. Contact Us

Questions about these Terms may be sent to:

CHEW CUP PTY LTD
Email: hi@chewcup.com
Website: https://chewcup.com/
Country: Australia