1. Who We Are

The Services are provided by:

Cosmicode, Lda.
Rua Barão de Corvo, 37, Sala L
4400-039 Vila Nova de Gaia
Portugal
Email: geral@cosmicode.pt

2. Scope of These Terms

These Terms apply to all Cosmicode Services, unless a specific Service displays additional or separate terms. Some Services may include additional rules, game rules, contest rules, subscription terms, community guidelines, or feature-specific terms (“Additional Terms”). If Additional Terms apply, they form part of these Terms.

Promotions, contests, giveaways, or events may be subject to separate official rules, eligibility requirements, deadlines, and local restrictions. If you participate, you agree to the applicable official rules.

If there is a conflict between these Terms and Additional Terms, the Additional Terms will apply to the relevant Service or feature.

3. Eligibility and Age Requirements

You may use the Services only if you are legally allowed to do so in your country of residence and under these Terms.

Age requirements may vary by country, product, and feature. Some Services or features may have age restrictions, including accounts, social features, personalized advertising, purchases, contests, or User Content. Unless a specific Service states otherwise, the Services are intended for users aged 13 or older. If you are under the age required by applicable law to use the Services without parental consent, you may use the Services only with permission from your parent or legal guardian.

We may restrict access to certain features, including accounts, social features, User Content, personalized advertising, purchases, subscriptions, contests, or online interactions, based on age, region, platform rules, or legal requirements.

If you are a parent or guardian and believe that a minor has used the Services unlawfully or provided personal data without required consent, please contact us at geral@cosmicode.pt.

4. Accounts

Some Services may allow or require you to create an account. You agree to provide accurate and complete information and to keep it updated.

You are responsible for:

- maintaining the confidentiality of your login credentials;
- all activity that occurs under your account;
- promptly notifying us of unauthorized access or security issues.

You may not sell, transfer, license, or share your account except as expressly permitted by us.

We may suspend, restrict, or terminate accounts that violate these Terms, create risk, or are used for fraud, abuse, cheating, illegal activity, or other prohibited conduct.

Where a Service allows account creation, we will provide a way to request account deletion, as described in our Privacy Policy and as required by applicable app store rules.

5. License to Use the Services

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial entertainment or informational purposes.

This license does not allow you to:

- copy, modify, distribute, sell, lease, rent, sublicense, or exploit the Services;
- reverse engineer, decompile, disassemble, or attempt to derive source code, except where allowed by law;
- bypass security, access controls, usage limits, or technical restrictions;
- use the Services for commercial purposes without our written permission;
- use the Services in a way that violates these Terms or applicable law.

We reserve all rights not expressly granted to you.

6. Ownership and Intellectual Property

The Services, including software, code, artwork, designs, text, graphics, sounds, music, videos, characters, game mechanics, logos, trademarks, trade names, content, and other materials, are owned by Cosmicode or our licensors and are protected by intellectual property and other laws.

You may not use Cosmicode’s names, logos, trademarks, branding, or content without our prior written permission, except as allowed by law.

7. User Content

Some Services may allow you to create, upload, submit, post, send, receive, display, or share content, including text, usernames, images, avatars, messages, game content, feedback, suggestions, or other materials (“User Content”).

You remain responsible for your User Content. You represent and warrant that:

- you own or have the rights necessary to submit the User Content;
- your User Content does not infringe the rights of any third party;
- your User Content does not violate these Terms or applicable law.

By submitting User Content, you grant Cosmicode a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, perform, modify, adapt, publish, translate, distribute, and otherwise use your User Content to operate, provide, promote, protect, and improve the Services and develop new services.

For User Content submitted only temporarily during an online game session, such as answers submitted in online rooms, the license granted to us is limited to transmitting, displaying, moderating, securing, and operating that session, unless the content is retained as part of a report, safety review, legal obligation, technical log, or enforcement record.

This license lasts for as long as reasonably necessary for the purposes above, including where User Content has been shared with other users, incorporated into the Services, stored in backups, or retained for legal, safety, moderation, or compliance reasons.

You may delete certain User Content where the Service provides deletion tools. Deletion may not remove copies already shared with other users, used in moderation records, or retained where legally permitted.

8. Feedback and Suggestions

If you provide feedback, ideas, suggestions, or proposals about the Services, you grant us the right to use them without restriction or compensation to you. We are not obligated to keep feedback confidential.

9. Community Rules and Acceptable Use

You agree not to:

- violate any law or regulation;
- infringe intellectual property, privacy, publicity, or other rights;
- harass, threaten, abuse, defame, bully, stalk, or harm others;
- upload, share, or transmit illegal, hateful, sexually explicit, violent, exploitative, deceptive, harmful, or otherwise objectionable content;
- exploit or endanger minors;
- impersonate others or misrepresent your identity;
- send spam, scams, phishing, or unauthorized advertising;
- cheat, exploit bugs, manipulate gameplay, automate play, or use unauthorized bots, scripts, emulators, hacks, mods, or tools;
- interfere with or disrupt the Services, servers, networks, or security systems;
- attempt to gain unauthorized access to accounts, systems, or data;
- scrape, harvest, crawl, or collect data except as permitted by us;
- reverse engineer or tamper with the Services except where allowed by law;
- use the Services for commercial, illegal, or harmful purposes;
- encourage or assist others to do any of the above.

We may take action against violations, including removing content, limiting features, resetting progress, suspending or terminating accounts, restricting purchases, reporting to authorities, or taking legal action.

10. User Safety, Reports, and Moderation

Where Services include social features, online rooms, chat, public profiles, User Content, or multiplayer interactions, we may provide tools to report content or users, block users, or contact us about safety concerns.

Users may report content or conduct that they believe is illegal or violates these Terms by using the reporting tools available in the relevant Service, where available, or by contacting us at geral@cosmicode.pt. Reports should include enough information for us to identify the content, user, room, session, or conduct at issue and assess the report.

We may review, monitor, remove, restrict, or disable access to User Content or accounts where we believe it is necessary to protect users, comply with law, enforce these Terms, or meet platform requirements.

We are not obligated to monitor all User Content or user activity, and we do not guarantee that all inappropriate content will be detected or removed. You use social and community features at your own risk and should not share sensitive personal information with other users.

If you believe that we have removed content, restricted access, or suspended your account by mistake, you may contact us at geral@cosmicode.pt to request a review.

11. Purchases, Subscriptions, Virtual Currency, and Virtual Goods

Some Services may offer paid content, subscriptions, virtual currency, virtual goods, premium features, or other digital items.

Prices may vary by country, platform, currency, taxes, exchange rates, promotions, and app store settings. The final price will be shown before purchase by the applicable app store or payment platform.

Purchases made through Apple App Store, Google Play, or another platform are processed by that platform and are subject to its payment terms, refund rules, and subscription policies. We do not control all aspects of platform billing or refunds.

Virtual currency and virtual goods are licensed to you, not sold. They have no real-world monetary value, are not legal tender, are not your property, and cannot be sold, transferred, exchanged, or redeemed for money except where expressly permitted by us or required by law.

The Services do not offer real-money gambling, cash prizes, or the ability to win money or items of monetary value, unless expressly stated in separate official rules for a specific promotion or contest.

We may manage, modify, suspend, remove, replace, or discontinue virtual currency, virtual goods, or paid features as part of operating the Services, subject to applicable law.

All purchases are final and non-refundable except as required by applicable law, platform rules, or our written policies.

If your account is suspended or terminated due to a material violation of these Terms, you may lose access to virtual currency, virtual goods, progress, or other digital items associated with your account, except where prohibited by law.

Parents and guardians are responsible for managing purchases by minors through device settings, app store settings, parental controls, and supervision.

12. Subscriptions

Some Services may offer subscriptions. Subscription terms, renewal periods, prices, free trials, cancellation methods, and refund rules will be disclosed at the point of purchase or by the relevant app store.

Subscriptions may renew automatically unless canceled before the renewal date according to the applicable platform rules. Deleting an app or deleting your account may not automatically cancel an active subscription purchased through an app store. You must cancel the subscription through the platform used to purchase it.

If a subscription price changes, the applicable platform may require notice, consent, or other steps before the change applies, depending on platform rules and applicable law.

13. Advertising and Third-Party Content

Some Services may display advertising, sponsored content, or third-party offers. We are not responsible for third-party products, services, websites, or content. Your interactions with third parties are between you and those third parties.

Some of our Services may be designed for or suitable for younger audiences. Where a Service is specifically designed for children or younger users, we apply additional protections appropriate to that Service. For example, Guess Up Kids does not display advertising and we do not use personalized advertising in that Service.

Advertising and analytics practices are described in our Privacy Policy.

14. Updates, Availability, and Changes to the Services

We may update, modify, suspend, discontinue, or remove any part of the Services at any time, including content, features, game modes, virtual items, pricing, availability, and technical requirements.

We may provide updates to fix bugs, improve performance, add features, maintain compatibility, or address security, legal, or operational issues. You may need to install updates to continue using some Services.

We do not guarantee that the Services will always be available, uninterrupted, error-free, secure, or compatible with all devices or operating systems.

15. Third-Party Platforms and App Stores

Your use of the Services may also be governed by the terms, policies, and rules of third-party platforms, app stores, operating systems, payment providers, social networks, and service providers.

If you download a Service from Apple App Store, Google Play, or another platform, the platform provider may have additional rights and obligations. In case of conflict between these Terms and mandatory platform terms, the mandatory platform terms will apply to the extent required.

16. Export Controls and Sanctions

You may not use, access, download, or export the Services if doing so would violate applicable export control, sanctions, or trade restriction laws. You represent that you are not located in a country or region subject to applicable sanctions and are not listed on any applicable restricted party list.

17. Privacy

Our Privacy Policy explains how we collect, use, disclose, and protect personal data. By using the Services, you acknowledge that we process personal data as described in our Privacy Policy.

18. Copyright and Intellectual Property Complaints

If you believe that content in the Services infringes your intellectual property rights, contact us at geral@cosmicode.pt with:

- your name and contact information;
- a description of the work or right allegedly infringed;
- a description of where the allegedly infringing content is located;
- a statement that you have a good-faith belief that the use is not authorized;
- a statement that the information you provide is accurate;
- your physical or electronic signature.

We may remove or disable access to allegedly infringing content and may provide your notice to the user who submitted the content where legally appropriate.

If you believe your content was removed by mistake, you may contact us with a counter-notice including your contact information, identification of the removed content, a statement explaining why the removal was mistaken, and your signature.

19. Termination

You may stop using the Services at any time. Where available, you may delete your account or request account deletion as described in our Privacy Policy.

We may suspend, restrict, or terminate your access to the Services if:

- you violate these Terms;
- we reasonably suspect fraud, cheating, abuse, or illegal activity;
- your use creates risk for us, users, or third parties;
- we are required to do so by law or platform rules;
- we discontinue the relevant Service;
- we need to protect the security, integrity, or reputation of the Services.

If you believe that your account was suspended, restricted, or terminated by mistake, you may contact us at geral@cosmicode.pt to request a review.

After termination, your license to use the Services ends immediately. Sections that by their nature should survive will survive, including ownership, User Content licenses, payment obligations, disclaimers, limitations of liability, indemnity, governing law, and dispute provisions.

20. Disclaimers

To the maximum extent permitted by applicable law, the Services are provided “as is” and “as available”, without warranties of any kind, whether express, implied, statutory, or otherwise.

We do not warrant that:

- the Services will be uninterrupted, secure, or error-free;
- defects will be corrected;
- the Services will meet your expectations;
- content, data, progress, or purchases will always be available or preserved;
- third-party content, advertising, or services will be accurate, safe, or reliable.

Nothing in these Terms excludes or limits any rights, warranties, or remedies that cannot be excluded or limited under applicable law, including mandatory consumer rights.

21. Limitation of Liability

Nothing in these Terms creates any right to compensation, refund, credit, reimbursement, or damages except where such right exists under applicable law.

The Services are provided for entertainment and informational purposes. You acknowledge that software, games, online services, and digital content may contain bugs, errors, defects, interruptions, delays, compatibility issues, balancing issues, unavailable features, loss of progress, loss of virtual items, or other technical or gameplay issues. To the maximum extent permitted by applicable law, the existence of any such issue does not, by itself, give rise to any right to compensation, refund, credit, reimbursement, or damages.

To the maximum extent permitted by applicable law, Cosmicode and its directors, officers, employees, contractors, partners, licensors, affiliates, and service providers will not be liable for any indirect, incidental, special, consequential, punitive, exemplary, or similar damages, or for any loss of profits, revenue, goodwill, data, content, progress, virtual items, virtual currency, account access, business opportunities, enjoyment, reputation, or other intangible losses arising from or related to the Services or these Terms.

To the maximum extent permitted by applicable law, and only where Cosmicode is found legally liable for damages under applicable law, our total aggregate liability for all claims arising from or related to the Services or these Terms will be limited to the greater of: (a) the amount you paid to Cosmicode for the relevant Service in the twelve months before the event giving rise to liability; or (b) EUR 100.

The limitations above apply regardless of whether the claim is based on contract, tort, negligence, strict liability, statutory duty, consumer law, product liability, misrepresentation, restitution, unjust enrichment, or any other legal theory, and even if we have been advised of the possibility of such damages, to the maximum extent permitted by applicable law.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including mandatory consumer rights.

22. Indemnity

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Cosmicode and its directors, officers, employees, contractors, partners, licensors, and affiliates from claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, to the extent they reasonably arise from your unlawful conduct, your material breach of these Terms, your User Content, your infringement of third-party rights, or activity under your account.

This indemnity does not apply to the extent prohibited by applicable consumer law.

23. Consumer Rights

Nothing in these Terms affects mandatory rights that you have under consumer protection, digital content, unfair contract terms, data protection, or other applicable laws.

If you are a consumer in the European Union, United Kingdom, or another jurisdiction with mandatory consumer protections, you may have rights that cannot be waived or limited by contract. These Terms apply only to the extent permitted by those laws.

24. Governing Law and Jurisdiction

These Terms are governed by the laws of Portugal, except where mandatory laws of your country of residence provide otherwise.

If you are a consumer, you may benefit from mandatory protections and jurisdiction rules of your country of residence. Nothing in these Terms limits your right to bring claims in courts or forums where applicable law gives you that right.

Subject to the above, courts located in Porto, Portugal, will have jurisdiction over disputes arising from or related to these Terms or the Services.

25. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice as required by law, such as by posting the updated Terms, updating the date above, or providing notice in the Services.

Your continued use of the Services after updated Terms become effective means that you accept the updated Terms, to the extent permitted by law. If you do not agree to the updated Terms, you must stop using the Services.

For material changes, we may require you to accept the updated Terms before continuing to use certain Services.

26. Miscellaneous

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect.

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

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms as part of a merger, acquisition, sale of assets, reorganization, or by operation of law, subject to applicable law.

We are not responsible for delays or failures caused by events beyond our reasonable control.

27. Contact

For questions about these Terms, contact us at:

Cosmicode, Lda.
Rua Barão de Corvo, 37, Sala L
4400-039 Vila Nova de Gaia
Portugal
Email: geral@cosmicode.pt

Last Update: April 24, 2026