1. Important notices
Please read these Terms carefully. They include a limitation of our liability (Limitation of liability) and the rule that virtual items are generally not refundable (Refunds). If you live in Canada, the European Union or the United Kingdom, additional terms apply to you (Canada and Quebec, European Union and United Kingdom). If you are under the age of majority where you live, please read these Terms with your parent or guardian.
2. What is this document?
These Terms of Service (the “Terms”) are a binding agreement between you and Shanghai Nervdog Technology Co., Ltd. (“Nervdog”, “we”, “us”). They govern your use of the mobile game Nervdog Tactics and our other games, websites and related services (the “Services”). You can use the Services only after you agree to these Terms, by tapping “Agree” in the Game or by using the Services.
3. Additional terms
Your use of the Services is also subject to the terms of the app store you downloaded the Game from (the “App Store”), and to in-game rules and event rules we publish. If these conflict with these Terms, these Terms prevail, unless the App Store's terms require otherwise. How we process personal information is described in our Privacy Policy.
4. Eligibility and registration
(a) Age. If you are under the age of majority where you live, your parent or guardian must agree to these Terms for you and is responsible for your use of the Services, including purchases. Players under 13 (under 14 in Quebec) play with restricted features, as described in our Privacy Policy.
(b) Account. You can play as a guest, or link Game Center, Google Play Games, Apple, Google or an email address. A guest account is tied to your device: if you lose the device without linking a sign-in method, we may not be able to recover it. Guest accounts with no linked sign-in method may be deleted after 24 months without a login.
(c) Keep your information current. Keep your linked email and sign-in methods up to date and secure. You are responsible for everything done through your account.
(d) No account sharing. Your account is personal. Do not share, sell, transfer or lend it, or use someone else's account.
(e) No false accounts. Do not create an account for someone else, use a false identity or impersonate others.
5. License and use of the Services
(a) License grant. Subject to these Terms, we give you a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to use the Services for your own non-commercial entertainment.
(b) Service limits based on where you live. Some features, events, items or prices may differ or be unavailable in some countries, for legal or operational reasons.
(c) Minimum requirements. You need a compatible device, a supported operating system and an internet connection. You may need to install updates to keep playing.
(d) Seizure warning. A small number of people may have seizures when exposed to flashing lights or patterns. If you experience dizziness, altered vision, twitching or loss of awareness while playing, stop immediately and consult a doctor.
6. Player conduct
You must not, and must not help anyone else to:
- use the Services for any commercial or promotional purpose without our written permission;
- use cheats, bots, automation, mods, macros, emulators used to gain an advantage, or any unauthorized third-party software;
- exploit bugs, glitches or vulnerabilities (please report them to us instead);
- copy, modify, distribute, reverse engineer, decompile or disassemble the Services, or circumvent any technical protection;
- probe, test or attack our servers, or access non-public areas of the Services;
- buy, sell, trade, rent or give away accounts, virtual currency or items for real money or outside the Game, or offer account boosting;
- use names or content that are offensive, hateful, sexual, misleading or that infringe others' rights;
- harass, threaten, defraud or impersonate other players or our staff, or interfere with others' enjoyment of the Services;
- collect other players' personal information;
- do anything that harms the Services, Nervdog or other players, or that breaks any law.
7. Ownership of the Services
The Services and all of their content, including characters, art, music, text, code and virtual items, belong to Nervdog or its licensors and are protected by intellectual property laws. You have no ownership interest in the Services or any of their content. NERVDOG is a registered trademark of Nervdog. We monitor gameplay to detect cheating and enforce these Terms, as described in our Privacy Policy.
8. Virtual items and virtual currency
(a) Obtaining them. The Services include virtual currency (such as gems and coins) and virtual items, which you can earn in the Game or buy through the App Store. Some may be available only for a limited time or in limited quantities.
(b) Your license. Virtual currency and items are licensed to you, not sold. Unless the law requires otherwise, they have no monetary value, cannot be redeemed for cash or anything of monetary value, and cannot be transferred, traded or sold between accounts or outside the Game. They are lost if your account is deleted or closed.
(c) Changes. We may manage, adjust, rebalance or remove virtual currency and items as part of running the Game, with notice where the law requires it.
(d) Random items. Some items, such as mystery eggs, hatching eggs and chests, give random contents. The probability of each result is shown before you buy. In Belgium, random items cannot be bought with gems; in Brazil, players under 18 cannot buy them.
9. Refunds
Purchases of virtual currency and items are final and non-refundable, unless they are defective, unavailable or do not work as we describe them, or the law requires a refund. Refund requests for App Store purchases are handled by Apple or Google under their policies. If something you paid for does not arrive, contact us and we will check the order and deliver it. Nothing in these Terms affects your statutory rights as a consumer.
10. App Stores
If you downloaded the Game from the Apple App Store: these Terms are between you and Nervdog, not Apple. Apple has no obligation to provide maintenance or support for the Game and is not responsible for addressing any claims relating to it. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Similar terms apply to Google Play to the extent its terms require.
11. Feedback
If you send us ideas or suggestions, you agree that we may use them freely, without payment or obligation to you.
12. Third-party websites and services
The Services may link to websites or services operated by others. We are not responsible for their content or practices, and your use of them is at your own risk and subject to their terms.
13. Data charges and mobile devices
You are responsible for any data, messaging or other charges from your mobile carrier when you use the Services.
14. Changes to the Services and to these Terms
The Services. We update the Services regularly and may add, change, suspend or remove features, content or games. If we decide to stop offering a game, we will announce it in the game in advance, as the law requires.
These Terms. We may update these Terms. We will post the new version with a new date and, for important changes, tell you in the Game in advance (at least 30 days where the law requires it). If you do not agree, you can stop using the Services and delete your account; if you continue, you must accept the new Terms.
15. Warranty disclaimers
To the maximum extent permitted by law, the Services are provided “as is” and “as available”, without warranties of any kind. We do not guarantee that the Services will be uninterrupted, secure or error-free. This does not exclude any warranty that cannot be excluded by law.
16. Limitation of liability
To the maximum extent permitted by law, we are not liable for any loss of profits, revenue, savings or data, or for any indirect or consequential loss. Our total liability to you for all claims is limited to the amount you paid us for the Services in the six months before the event giving rise to the claim or, if you paid nothing, USD 50. Nothing in these Terms limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, or for fraud.
17. Indemnity
To the extent permitted by law, you agree to compensate us for claims and costs arising from your breach of these Terms or your misuse of the Services.
18. Suspension and termination
If you break these Terms, we may, depending on how serious the violation is, warn you, mute you, remove virtual currency or items obtained unfairly, or suspend or permanently close your account. We may also end your access if your App Store account is closed or if we stop offering a game.
You can end these Terms at any time by deleting your account in Settings › Account › Delete account or through our account deletion page, or by uninstalling the Game. When your account is closed, your license and your virtual currency and items end, and are not refunded unless the law requires it.
19. Governing law and dispute resolution
Please contact us first: most problems can be solved quickly by email. These Terms are governed by the laws of the People's Republic of China, excluding its conflict-of-laws rules, and disputes will be submitted to the competent people's court where Nervdog is located. If you use the Services as a consumer, you also keep the protection of the mandatory laws of the place where you live, and you may bring a claim in the courts there (see the regional sections below). Nothing in these Terms requires you to go to arbitration.
20. No assignment
You may not transfer your rights or obligations under these Terms. We may transfer them, for example as part of a sale or merger of our business, provided this does not reduce your rights.
21. Miscellaneous
Entire agreement. These Terms, together with the documents they refer to, are the entire agreement between you and us about the Services.
Language. These Terms are available in English, French and Chinese. If the versions differ, the English version prevails, except where the law of your place of residence requires otherwise.
Severability. If any part of these Terms is found invalid, the rest remains in effect.
No waiver. If we do not enforce a right immediately, we do not give it up.
22. Contact
Shanghai Nervdog Technology Co., Ltd.
No. 536, Laolu Road, Lingang New Area, China (Shanghai) Pilot Free Trade Zone
Email: support@nervdog.com
23. Canada and Quebec
If you are a consumer living in Canada:
- Any waiver of notice in these Terms does not apply to you to the extent prohibited by law; we give notice of changes as the law requires.
- Waivers of legal warranties, and limitations of our liability for our own acts, do not apply to you to the extent prohibited by law.
- Payments may be refunded to the extent provided by law.
- Disputes are governed by the laws of your province or territory of residence and the applicable federal laws of Canada, and you may bring a claim in the courts of your province or territory.
Quebec. If you live in Quebec, the Consumer Protection Act applies. You received the French version of these Terms first, and the French version prevails. Nothing in these Terms limits your right to go to court or to take part in a class action. We will notify you of any change to these Terms at least 30 days before it takes effect; if the change increases your obligations or reduces ours, you may refuse it and end these Terms without cost by deleting your account.
24. European Union and United Kingdom
If you are a consumer living in the European Union or the United Kingdom:
- Right of withdrawal: by buying virtual currency or items, you request immediate delivery and acknowledge that you lose your 14-day right of withdrawal once delivery starts.
- You keep your statutory rights, including the legal guarantee of conformity for digital content.
- The Indemnity section does not apply to you, and our liability for gross negligence and intent is not limited.
- We will notify you of important changes to these Terms at least 30 days in advance.
- You may bring a claim in the courts of the country where you live, and the mandatory consumer laws of that country apply.