FGF - Forever Green Studios Limited

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1. General

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1.1. These General Terms of Use (the “Terms“) apply to the mobile applications (“App(s)” or “Service(s)”) provided by FGF - Forever Green Studios Limited ("FGF"), Anexartisias 187, Limassol 3040 Cyprus,  registered of the local court of Limassol under HE 470766 (“FGF”).

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1.2. The precise system requirements and the full scope of functions of each App are found in the product description on the distribution platform used to download the App (“App Store”) and on FGF's website https://www.4evergreenstudios.com/ (the “Website”)

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1.3. FGF reserves the rights to continuously expand, update, modify and develop further the Apps. Users can therefore only participate in the Service in its then-current form.

 

1.4. The Apps offered by FGF are intended solely for the purpose of entertainment. The use of the Apps for business or commercial purposes is strictly prohibited.

 

1.5. The Terms apply to any person (the “User(s)”) using the App. The legal relationship between FGF and the User are exclusively governed by the Terms. Other provisions or general terms and conditions of the User that deviate from the Terms shall only apply if FGF gives prior written consent to their validity. 

 

1.6. Users may direct questions, complaints or claims with respect to the Apps to: 
customer-support@4evergreenstudios.com.

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2. Sign up

 

2.1. By downloading the App from the respective App Store, (i) a user account (“Account”) is created for the User by using the User’s App Store ID and (ii) the User agrees to these Terms as well as to the data privacy policy of FGF which are valid at the time of registration and available on the Website or within the Apps.

 

2.2. For certain Apps, Users may also register via third-party providers (for example, social networks). For this purpose, the data required for sign up is retrieved from the User's account with the respective third-party provider.

 

2.3. There is no legal entitlement for using the Services provided by FGF. FGF has the right to stop or deny any registration without giving any reasons.

 

2.4. By the time of sign-up, the User must be at least 18 years old and fully contractually capable. In case of doubt, FGF is entitled to ask the individual User to submit documentary evidence of age or contractual capability.

 

2.5. The Account cannot be transferred to another User without the consent of FGF.

 

2.6. The User is entitled at any time to request deletion of the data saved by him/her in his/her Account on the basis of the availability of the online applications. In order to access, modify or delete the data of the User, an email to Dataprotection@justplayapps.com shall be sufficient with the help of the User‘s email address stored in the Account.

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3. About the Gaming Apps

 

3.1. The User can find information about the Apps which contain games offered by FGF (“4evergreen Apps”), their features, gameplay, functions and system requirements on the Website, on App Stores and on other platforms.

 

3.2. Additional game rules or participation requirements may be published on the Website or in the Apps itself, as applicable. 

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4. Rights of use

 

4.1. The User’s rights of use are exclusively stated in these Terms.

 

4.2. FGF grants the User a non-exclusive, non-transferable and non-sublicensable right of use for private use with respect to the respective App for the duration of the agreement. The App may not be reproduced, distributed, publicly performed, broadcasted or made publicly accessible on the Internet or via a network, edited or stored on data carriers. Decompilation, disassembly and reverse engineering shall be prohibited, unless expressly permitted by law.

 

4.3. In general all content, information, pictures, videos, databases provided within or used by an App are protected by copyright and are ordinarily owned or licenced by FGF.

 

4.4. All content of the App must be used for the described private use and private purposes only. The User must not use or duplicate any content for commercial purposes. Forwarding content to other parties is not allowed without the explicit consent of FGF.

 

5. Advertisement and Product Promotion

 

5.1. Entirely at its own discretion, and subject only to its editorial policy for each App, FGF may display certain third party products and/or services by inserting promotional links, advertising banners or any other advertising and promotional element, and may also carry out cross-marketing operations with any partner of its choice.

 

5.2. FGF is not responsible for the third party products or services displayed.

 

6. User data

 

6.1. FGF collects and uses data provided by the User for the purpose of processing the User agreement made between the User and FGF through these Terms.

 

6.2. Details on the processing of User data can be found in FGF’s data privacy policy which can be accessed in the applicable App Store page by using the button “Privacy Policy“ or on the Website.

 

7. Availability

 

7.1. FGF works hard to ensure continuous and error-free access to its Apps but provides no guarantee that the App and the services and functions operate properly and are available without interruption and errors at all times. The User must him-/herself ensure an adequate Internet connection to be able to use the Apps. The User is aware that, like any other software, the games and services can never be completely free of errors. The User is responsible him-/herself for the fulfillment of the system requirements necessary for the use of the App, particularly with respect to the operating system used. However, FGF shall make every effort, within the limits of what is commercially reasonable, to enable the operation of the App without interruptions or errors at all times.

 

7.2. FGF can restrict the availability of and access to the App and services and functions in particular insofar as the security of the network operation and the maintenance of the network integrity, particularly the need to avoid serious disruptions of the network, the software or stored data, requires this. FGF tries to keep these disruptions on a low level.

 

7.3. FGF is not obliged to provide updates or upgrades for the App or to otherwise modify the App in line with possible changes made to hardware and/or software (particularly operating systems).

 

8. Liability

 

8.1. Liability of FGF on damages by or in connection with the execution of contractual obligations shall be excluded. The limitation of liability shall not apply to

 

● damages arising out of death, injury to body or health;

 

● damages due to a neglect of duty by FGF concerning essential contractual rights and obligations, which are absolutely necessary for a proper execution of the agreement, and which might endanger the fulfilment of the contractual purpose (material contractual obligations). In that case, however, liability shall be limited to typical and foreseeable damages;

 

● damages caused deliberately or due to gross negligence by FGF;

 

● liability according to the Product Liability Act;

 

● liability in the case of the acceptance of a guarantee.

 

8.2. An exemption from liability as well as limitations of liability of FGF shall also apply to the legal representatives and assistants of FGF.

 

8.3. FGF shall not be deemed liable for damages due to labor disputes and/ or force majeure.

 

8.4. FGF recommends that Users regularly backup their data in order to avoid unnecessary damages.

 

8.5. Contrary to clause 10.1 above, the following shall apply for Services provided by FGF free of charge:

 

● FGFshall not be obligated to remedy a defect; 

● If the User has suffered harm from a defect, FGF shall owe damages only if the defect was willfully concealed by FGF. Otherwise, FGF's liability shall be limited to intention and gross negligence. 

 

9. User’s obligations and warranties

 

9.1. The User must use the Apps and the range of ervices provided therein properly. In particular, he/she is obliged to keep his/her password for the access to his hardware and/or the Apps confidential and must not pass it on to third parties. Furthermore, he/she must not tolerate any acknowledgement regarding this information. The User will take the necessary measures to ensure confidentiality and notify the FGF in case of misuse or loss of this information or any suspicion of that.

 

9.2. The User shall be obliged to provide information properly, fully and truthfully which are needed for providing the Services as well as immediately and truthfully inform FGF via email to customer-support@4evergreenstudios.com on any changes of his/her data or, if possible, change these directly within his/her Account.

 

9.3. The User may only set up one Account in the App (“prohibition of multi-accounts”). In particular, one Account must not be used to obtain benefits for another account of the same User, for example through the transfer of items or Coins within the game from one account to another account of the same User (“prohibition of pushing”).

 

9.4. The use of the App is only permitted for natural persons and through tools provided or explicitly permitted by FGF (“prohibition of the use of unauthorized scripts”). This entails, in particular, that the use of programs which generate an excessive load on the server is not permitted. The use of software to systematically or automatically control the App or individual game functions (bots, macros) or for the reproduction or analysis of the games, game elements or the content uploaded into the App is not permitted. Information provided by a User regarding his/her location must be true and accurate.

 

9.5. The User represents and warrants that:

 

• the User is not located in a country that is subject to an embargo by the U.S. Government or that has been designated by the U.S. Government as a “terrorist supporting” region; and 

• the User is not listed on any U.S. Government list of prohibited or restricted parties.

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10. Agreement duration, Blocking access / Termination of agreement

 

10.1. Unless stated otherwise for a particular App, the agreement for the use of the Apps and other service offerings runs for an indefinite period. The agreement begins upon activation of a User-created Account by FGF.

 

10.2. The agreement may be terminated at any time by either party at the respective party’s sole discretion. Termination by the User may be executed by deleting his/her Account and becomes effective immediately. Termination by FGF shall become effective after fourteen days. In case of termination by FGF, FGF does not undertake any risks of loss associated with the termination of its services to provide the Apps.

 

10.3. In the event of suspected improper use or fundamental breach by a User, FGF reserves the right to pursue these operations, to take appropriate precautions, and to terminate the User’s access at a reasonable suspicion. If these suspicions can be terminated, the blocking will be cleared. Otherwise, FGF has an extraordinary right to terminate the Account. Any breach of the Terms may also result in the cancellation of all purchased or received goods, as well as all other applicable legal claims.

 

10.4. If Users have been blocked or excluded, they may not log in to a service provided by FGF without the prior consent of FGF.

 

11. Alternative settlements of disputes

 

The European Commission provides a platform for an online settlement of disputes which can be accessed under http://ec.europa.eu/consumers/odr/. FGF is neither obliged to take part in alternative dispute resolutions before a consumer dispute settlement commission nor will do so voluntarily.

 

12. Adjustments

 

12.1. FGF has the right to change these Terms towards the Users with future effect at any time and draw his/her attention to them by posting them on its Website or in the App (in the form of an in-app message). The respective change will take effect when the respective User does not object the new Terms within four weeks via email to customer-support@4evergreenstudios.com. Sending the objection in due time shall be relevant for the compliance with the stipulated four-week period. Alternatively, the intended modification may also be announced in form of an e-mail. FGF will inform on these consequences in its respective message.

 

12.2. In case the User objects to the modification within the four-week period, FGF shall be entitled to terminate the agreement with immediate effect, without the User having any claims against FGF. If the contractual relationship after an effective objection by the User continues, the previous terms and conditions shall remain in force.

 

13. Final Provisions

 

13.1. In case individual provisions in the Terms including this provision are to become invalid, or in case of gaps arising in these Terms, the validity of all other provisions will not be deemed affected thereby. Instead of the ineffective provision or for replenishment of gaps, an adequate provision will apply. In case this may constitute an unreasonable hardship for one of the contracting parties, the agreement shall become ineffective as a whole.

 

13.2. This agreement and its interpretation are subject to the jurisdiction of the Federal Republic of Germany, to the exclusion of the Convention of the United Nations on Contracts for the International Sale of Goods. Any statutory provisions on the limitation of the choice of law as well as the applicability of mandatory laws especially by the state, in which the User as consumer has his/her usual place of residence, shall not be deemed affected.

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- Instruction On Withdrawal –

In case of an in-app purchase as further set out in section 5 of the Terms (each an Agreement), each of these Agreements is governed by the following right of withdrawal.

Right of withdrawal:

You have the right to withdraw from the Agreement within 14 days without giving any reason. The withdrawal period will expire 14 days from the day of the conclusion of the Agreement. To exercise the right of withdrawal, you must inform us to: 

 

FGF, Anexartisias 187, Limassol 3040, Cyprus

 

Email: customer-support@4evergreenstudios.com

of your decision to withdraw from the Agreement by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form add link to form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

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Version: 1.0, April 13, 2025