Terms and Conditions

1. Acceptance of Terms

By downloading, installing, accessing, or using the SandPlay mobile application (“App”), you agree to be bound by these Terms and Conditions (“Terms”).

If you do not agree to these Terms, you must not download, install, access, or use the App.

These Terms apply to all users of the App, regardless of location. Users in the United Kingdom, European Union, Canada, California, and other jurisdictions should also note that applicable consumer protection laws may provide rights that cannot be waived or limited by these Terms.

SandPlay reserves the right to update these Terms from time to time. When material changes are made, SandPlay will update the “Last Updated” date above. Your continued use of the App following an update constitutes acceptance of the revised Terms, to the extent permitted by applicable law.

2. About the SandPlay App

SandPlay is an interactive digital sand-play application designed to provide users with a creative and relaxing virtual sand experience on compatible devices.

The App allows users to interact with and manipulate digital sand using touch and supported input devices, such as Apple Pencil where supported by the user’s device. Features may include creating patterns, shapes, textures, and other forms of digital sand play.

The App does not require users to create an account, register, or provide personal information to SandPlay.

3. Permitted Use

Subject to these Terms and applicable law, you may use the App for personal, non-commercial purposes.

You agree not to:

• Use the App for any unlawful purpose or in any way that violates applicable local, national, or international laws or regulations;
• Attempt to gain unauthorized access to the App, its systems, or related infrastructure;
• Reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code of the App, except to the extent expressly permitted by applicable law;
• Introduce or transmit harmful code, malware, or other disruptive material;
• Use the App in a manner that could damage, disable, overburden, or impair its functionality;
• Reproduce, redistribute, sublicense, resell, or commercially exploit the App or its content without prior written permission;
• Circumvent, disable, or interfere with security or technical protections incorporated into the App; or
• Use the App in a manner that infringes the intellectual property or other rights of SandPlay or any third party.

4. User-Generated Content

The App may allow you to create digital artwork, sand patterns, designs, or other content through your interactions with the App (“User Content”).

SandPlay does not collect, upload, transmit, or store User Content on SandPlay-controlled servers.

To the extent User Content is created or retained on your device through the functionality of the App, that content remains under your control and is not collected by SandPlay.

You are responsible for ensuring that any content you create, save, export, share, or otherwise use through the App complies with applicable laws and does not violate the rights of others.

If SandPlay introduces functionality in the future that allows User Content to be transmitted to or stored by SandPlay, the applicable Terms and Privacy Notice will be updated before or in connection with the introduction of that functionality, as required by applicable law.

5. Intellectual Property

All intellectual property rights in the SandPlay App, including but not limited to its design, functionality, software, graphics, animations, sounds, interfaces, branding, trademarks, and other original content, are owned by or licensed to SandPlay.

Nothing in these Terms transfers any intellectual property rights to you.

Subject to your compliance with these Terms, SandPlay grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and use the App for your personal, non-commercial purposes on a device that you own or control.

You must not reproduce, copy, modify, distribute, sell, sublicense, publicly display, or create derivative works from the App or its proprietary content without express written permission from SandPlay or the applicable rights holder, except to the extent such activity is expressly permitted by applicable law.

6. Disclaimers and Limitation of Liability

6.1 App Functionality

SandPlay is provided for entertainment, creative, and recreational purposes.

While SandPlay makes reasonable efforts to maintain the App and provide a consistent experience, SandPlay does not guarantee that every feature will always operate without errors, interruptions, or defects.

6.2 Availability

SandPlay does not guarantee that the App will always be available or free from errors, interruptions, or technical issues.

SandPlay reserves the right to modify, suspend, or discontinue the App or any of its features at any time, subject to applicable law.

6.3 Device Compatibility

SandPlay does not guarantee compatibility with every device or every version of their operating systems.

Certain features may require specific device capabilities or accessories.

6.4 Limitation of Liability

To the fullest extent permitted by applicable law, SandPlay shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the App, including but not limited to loss of data, loss of revenue, or other economic or non-economic damages.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

7. Governing Law and Disputes

These Terms are governed by the applicable laws of the United States, without regard to conflict-of-law principles.

For users in the United Kingdom, European Union, Canada, and other jurisdictions where mandatory consumer protection laws apply, nothing in this clause affects your statutory rights under the laws of your country or place of residence.

We aim to resolve disputes informally in the first instance. If you have a complaint or concern regarding the App or these Terms, please contact SandPlay at support@sand-play.com and SandPlay will endeavor to address the matter promptly.

8. Changes to These Terms

SandPlay may update these Terms from time to time to reflect changes to the App, its functionality, or applicable legal requirements.

When material changes are made, SandPlay will update the “Last Updated” date at the top of these Terms.

Your continued use of the App following the posting of revised Terms constitutes acceptance of those changes, to the extent permitted by applicable law.

9. Contact Us

If you have questions about these Terms or your use of the SandPlay App, please contact:

SandPlay
Email: support@sand-play.com