Terms of Service

Last updated: March 26, 2025 | Effective date: March 26, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Moving Atoms ("we," "us," or "Company") governing your access to and use of the Sussy Fruit mobile application (the "App"), including any content, functionality, and services offered through the App.

BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you must not download, install, or use the App. Please read these Terms carefully before using the App.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms in the App or through other communications. Your continued use of the App after such changes constitutes your acceptance of the modified Terms.

2. Eligibility

Age Requirement: You must be at least 17 years of age (or the age of majority in your jurisdiction, whichever is higher) to use the App. The App contains mature themes, suggestive content, and interactive elements that are intended for adult audiences.

Capacity: By using the App, you represent and warrant that you have the legal capacity to enter into these Terms and to comply with all applicable laws and regulations.

Restrictions: The App is not intended for use by individuals under 17 years of age. If we learn that a user is under 17, we will terminate their account and delete their personal information.

3. Description of Service

Sussy Fruit is an interactive mystery investigation game where players explore simulated smartphone interfaces to gather clues and solve mysteries. The App includes:

  • Playable investigation levels featuring fictional characters and scenarios
  • Simulated phone apps and interfaces containing clues and evidence
  • Quest-based progression systems
  • Virtual currency ("Coins") for unlocking premium content
  • Optional premium subscriptions for enhanced features

Fictional Content: All characters, stories, events, and scenarios in the App are entirely fictional. Any resemblance to real persons, living or dead, or actual events is purely coincidental.

4. User Accounts

4.1 Account Creation

To access certain features of the App, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to:

  • Keep your password confidential and secure
  • Notify us immediately of any unauthorized use of your account
  • Not share your account with others
  • Not create multiple accounts for fraudulent purposes

4.3 Account Termination

You may delete your account at any time through the App settings. We reserve the right to suspend or terminate your account if you violate these Terms or engage in any conduct that we determine, in our sole discretion, is harmful to the App, other users, or our business interests.

5. In-App Purchases and Virtual Currency

5.1 Virtual Currency (Coins)

The App offers virtual currency called "Coins" that can be purchased with real money and used within the App to access premium content. You acknowledge and agree that:

  • Coins have no real-world monetary value and cannot be exchanged for cash or any other consideration
  • Coins are non-transferable and may only be used within the App
  • We may modify the pricing, availability, or exchange rate of Coins at any time
  • Unused Coins may expire or be forfeited upon account termination
  • Coins are a limited license to access digital content, not a purchase of property

5.2 Subscriptions

The App may offer subscription services that provide access to premium features. Subscription terms include:

  • Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
  • Payment will be charged to your App Store or Play Store account upon confirmation of purchase
  • You can manage or cancel subscriptions through your device's settings
  • No refunds will be provided for partial subscription periods

5.3 Payment Processing

All in-app purchases are processed through the Apple App Store or Google Play Store. By making a purchase, you agree to the payment terms of the applicable platform. We are not responsible for any payment processing errors or issues caused by the platform providers.

5.4 Refund Policy

All purchases are final and non-refundable, except as required by applicable law or as explicitly stated in these Terms. For refund requests, please contact the Apple App Store or Google Play Store directly, as they handle all payment processing.

6. User Conduct

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable laws, regulations, or these Terms
  • Attempting to gain unauthorized access to the App, other accounts, or our systems
  • Using cheats, exploits, automation software, bots, hacks, or unauthorized third-party tools
  • Reverse engineering, decompiling, or disassembling the App
  • Modifying, adapting, or creating derivative works based on the App
  • Circumventing any security features or access controls
  • Interfering with or disrupting the integrity or performance of the App
  • Impersonating any person or entity or misrepresenting your affiliation
  • Engaging in any activity that could harm, disable, or impair the App
  • Attempting to obtain refunds through fraudulent means
  • Selling, trading, or transferring your account or virtual items
  • Using the App for any commercial purpose without our written consent

7. Intellectual Property

7.1 Our Intellectual Property

The App and all of its contents, features, and functionality (including but not limited to text, graphics, images, logos, icons, audio, video, software, and code) are owned by Moving Atoms or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial use, subject to these Terms. This license does not include:

  • Any right to modify, copy, or create derivative works
  • Any right to sublicense, sell, or transfer the App
  • Any right to use the App for commercial purposes
  • Any right to remove or alter any proprietary notices

7.3 Trademarks

"Sussy Fruit," "Moving Atoms," and related logos and names are trademarks of Moving Atoms. You may not use these trademarks without our prior written permission.

8. Content and Age Appropriateness

Mature Content Warning: The App contains content that may include:

  • Suggestive themes and imagery
  • Mystery and suspense elements
  • Fictional depictions of adult situations
  • Stylized characters designed for mature audiences

By using the App, you acknowledge that you are of legal age to view such content in your jurisdiction and that you take full responsibility for your use of the App.

9. Disclaimers

9.1 "As Is" Basis

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 No Guarantees

We do not warrant that:

  • The App will be uninterrupted, secure, or error-free
  • The results obtained from using the App will be accurate or reliable
  • Any errors in the App will be corrected
  • The App will be compatible with all devices or operating systems

9.3 Third-Party Services

The App may integrate with third-party services. We are not responsible for the availability, accuracy, or content of such third-party services.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOVING ATOMS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, data, or goodwill
  • Cost of procurement of substitute services
  • Any damages arising from your use or inability to use the App
  • Any unauthorized access to or alteration of your data
  • Any conduct or content of any third party

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Moving Atoms and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the App
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your violation of any applicable laws or regulations

12. Termination

Termination by You: You may stop using the App at any time and delete your account through the App settings.

Termination by Us: We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Effect of Termination: Upon termination:

  • Your license to use the App will immediately cease
  • You will lose access to your account and any virtual currency or content
  • You will not be entitled to any refund for unused Coins or subscriptions
  • Provisions that by their nature should survive termination will survive

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Moving Atoms is incorporated, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any dispute arising from or relating to these Terms or your use of the App shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, it shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration association.

13.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in class action lawsuits or class-wide arbitration.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Moving Atoms regarding the App and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of war, terrorism, labor disputes, or infrastructure failures.

15. Apple App Store Additional Terms

If you downloaded the App from the Apple App Store, you acknowledge and agree that:

  • These Terms are between you and Moving Atoms, not Apple. Moving Atoms is solely responsible for the App and its content.
  • Apple has no obligation to provide any maintenance or support services for the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple has no other warranty obligation with respect to the App.
  • Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App.
  • Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party intellectual property infringement claims.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms, and Apple has the right to enforce these Terms against you.
  • You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and you are not listed on any U.S. Government prohibited or restricted parties list.

16. Google Play Store Additional Terms

If you downloaded the App from the Google Play Store, you acknowledge and agree that:

  • These Terms are between you and Moving Atoms, not Google. Moving Atoms is solely responsible for the App and its content.
  • Google is not responsible for the App or any content within the App.
  • Your use of the App must comply with Google Play's Terms of Service.
  • Google is a third-party beneficiary of these Terms and has the right to enforce them against you.

17. Contact Information

If you have any questions about these Terms, please contact us:

Moving Atoms

Email: legal@sussyfruit.com

Support: support@sussyfruit.com

18. Acknowledgment

BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.