Terms of service

1. Who we are and what these Terms cover

These Terms of Service (the "Terms") govern your use of Tiland: the app for Android and iOS, and the game server it plays through (together, the "Service").

The Service is operated by Dawid Zbiński, an entrepreneur registered in the Central Register and Information on Economic Activity of the Republic of Poland (CEIDG). Place of business: ul. gen. Władysława Sikorskiego 15/15, 34-400 Nowy Targ, Poland. Tax identification number (NIP) 7352921429, statistical number (REGON) 528114982, EU VAT number PL7352921429 ("we", "us", "our").

These Terms are the regulations (regulamin) for services provided by electronic means within the meaning of Article 8 of the Polish Act of 18 July 2002 on Providing Services by Electronic Means. They are available at no charge at https://tiland.app/terms at any time. You can read, save and print them there.

These Terms are shown on the store listing before you buy. By connecting the app to the game server you enter into an agreement with us on these Terms. If you do not agree with them, do not use the Service.

In these Terms:

App: the Tiland game for Android and iOS.
Game server: our server at game-api.tiland.app, which runs every rule and keeps every game.
Table or room: one game, from its lobby to its end.
Seat: one player's place at a table.
Room code: the six digits that let players join a room.
Guest account: the account the app creates for itself on first launch (section 4).
Court cards: the game's cards bought during play for game resources. They are part of the game, not something sold for money.
Host: the player who sets up a custom table and starts it.
Consumer: a natural person using the Service for purposes unrelated to their trade, business or profession.

Our Privacy Policy explains how we handle personal data. It is not part of these Terms, but you should read it.

2. The Service

Tiland is an online board game for two to six players. Players settle an island, trade, build and play court cards to reach a target score first. Every game is played through the game server.

You buy Tiland once. It is sold only on the App Store and on Google Play. You pay what the store shows in your country. There are no ads, no in-app purchases and no subscription.

The store handles the purchase. Payment, receipts, taxes and refunds are handled by Apple or Google under their own terms. We never receive your payment details. We cannot refund a purchase ourselves; a refund is asked for from the store you bought from.

The online service is part of what you bought. Your purchase includes play on the game server for as long as we operate it (section 8).

3. Who may use Tiland

You must be at least 16 years old to use the Service.

If you are a consumer, the mandatory consumer-protection rules of the law that applies to you prevail over anything in these Terms to the contrary.

4. Guest accounts and seats

There is no sign-up. On first launch, the app asks the game server for a guest account. The server gives the app an account identifier and a secret.
The secret, kept on your device, is the only key to your account. Your seats belong to that account.
If the secret is lost, for example when you delete the app or reset your phone, the account is lost with it. We cannot restore it, because we never store the secret. A new account starts empty.
The app holds one account for each game server it uses. You may not sell, share or transfer an account.
One network address can create at most 20 guest accounts in 24 hours.
An account the server has not seen for a while is deleted, as the Privacy Policy describes.

5. Rules of the table

The game's rules decide what happens at a table. When they act, that is the game working, not a breach by us:

Away rule. A player whose connection drops is waited for 2 minutes. After that their turns are skipped until they return. Their pieces, hand and points stay.
Turn clocks. A turn left untouched, or one that runs past its limit, is lost. Two lost turns in a row make a seat away until its player acts again.
Abandon. Choosing Abandon is deliberate and final. The seat is treated as away at once, and that account can never take it back.
Last player standing. When every seat but one is away and that seat is connected, it wins.
Host hand-over. An away host hands the role to the next connected player, and does not get it back.
The host's settings. On a custom table, the host chooses the size of the island, the target score and the pace.
The online queue. Play online seats the four players who have waited longest. Every one of them must accept within 20 seconds, or the table does not form. An online table plays a 24-tile island at standard pace.

Anyone who has a room code can join that room's lobby while it has an empty seat. Share codes only with people you want at your table.

6. Acceptable use

You must not:

use the Service in a way that breaks any applicable law;
use bots, scripts or a modified or unofficial client to play, or play by any means other than the app;
cheat, or exploit a fault in the game or the server to gain an advantage;
probe, scan or test the Service for weaknesses, get around its rate limits or security, or flood it with requests;
guess room codes to get into tables you were not invited to;
choose a display name that is illegal, abusive, hateful, sexually explicit, or that infringes someone's rights;
choose a display name that impersonates another person to deceive other players;
reverse engineer, decompile or copy the app or the Service beyond what mandatory law allows;
resell, sublicense or offer the Service to others as your own.

7. Display names and illegal content

The only thing a player writes that others read is their display name. There is no chat. You are responsible for the name you choose. You allow us to store your name and show it to the players of your tables for as long as the Service keeps it (Privacy Policy, section 4.1).

The Service stores display names and shows them to the players of a table. It is a hosting service within the meaning of Regulation (EU) 2022/2065 (the Digital Services Act). A name is shown only to the players seated at the same table and is never published. We therefore do not consider Tiland an online platform under that Regulation. Even if it were one, we are a micro enterprise, to which Section 3 of Chapter III does not apply (Article 19).

If you believe a display name is illegal, tell us at dawid@zbinski.dev. So that we can act, include:

why you consider the name illegal;
the name, the room code if you have it, and roughly when you saw it;
your name and e-mail address, unless the notice concerns an offence referred to in Articles 3 to 7 of Directive 2011/93/EU;
a statement that you believe in good faith that your notice is accurate and complete.

We confirm receipt, review every notice diligently and without undue delay, and tell you our decision and the reasons for it.

We may remove a name, or restrict a seat's or an account's access to the Service, when a name is illegal or breaks these Terms. We then owe the affected player a statement of reasons. A guest account holds no contact details, so we can usually reach a player only through their table. The statement is therefore available on request from dawid@zbinski.dev.

Our decisions are taken by a person, not by automated means. We use no automated moderation tools.

Our single point of contact for the authorities of the Member States, the European Commission, the European Board for Digital Services and the users of the Service is dawid@zbinski.dev. You can write to us in English or Polish.

8. Availability and changes

We aim to keep the game server available at all times, but we cannot guarantee it. Maintenance, updates, failures at our hosting provider or network problems may interrupt it. We may pause the Service for those reasons without notice.
We keep developing the game. We may change the app or the online service, through app updates or on the server, to keep it secure, to follow the law, to fix faults, or to improve or adapt the game. A change costs you nothing extra. If a change harms your access to or use of the game more than in a minor way, we tell you at least 30 days in advance, on tiland.app and in the store listing's release notes. You may then end the agreement at no cost to you within 30 days of the change, and you keep your statutory rights (section 12).
Every game is played through the game server. The app cannot be played without it.
We may stop operating the game server. We will announce this at least 30 days in advance on https://tiland.app and in the store listings. Your statutory rights as a consumer (section 12) are not affected.

9. Intellectual property

Tiland, including its software, art, 3D models, names, texts, sounds and music, belongs to Dawid Zbiński, and is protected by copyright and other intellectual property laws to the extent they apply.

We grant you a limited, non-exclusive, non-transferable licence to install the app on devices you control and to play it under these Terms and the store's terms. Nothing in these Terms transfers any intellectual property rights to you.

If you got the app from the App Store, your licence to the app itself is Apple's Licensed Application End User License Agreement (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/). These Terms add the rules of the online service. Apple is not a party to these Terms.

Open-source components used by the Service are listed in the Legal notice. They remain under their own licences.

10. Technical requirements and risks

To use the Service you need:

an iPhone with iOS 15.0 or later, or an Android phone with a 64-bit ARM processor that Google Play offers the app for;
an internet connection whenever you play;
your phone held sideways: the game is played in landscape only.

Services provided over the internet carry the usual risks, such as interception of data, malware and phishing. We reduce them by connecting the app to the game server over an encrypted connection. We never ask you for a password or for payment details. Keep your phone and the app up to date.

The app stores a few small files on your device: your settings, your guest account and your last seat. The Privacy Policy describes them.

11. Term and termination

The agreement on the online service is concluded when the app first connects to the game server. It runs for an indefinite period.
You may end it at any time by deleting the app, or by telling us at dawid@zbinski.dev. Your guest account is then deleted as the Privacy Policy describes, or at once if you ask (section 10 of the Privacy Policy).
If you are a consumer, you may withdraw from the agreement with us on the online service within 14 days of concluding it, without giving any reason. Send a statement to dawid@zbinski.dev; no particular form is required. You may use the model withdrawal form at the end of this section, but you do not have to. After you withdraw, the app can no longer be played on our server under that account.
That withdrawal ends the agreement with us. It does not by itself refund the purchase of the app. A refund of the purchase is the store's, under the store's own rules.
We may suspend or end a seat's or an account's access to the Service in three cases: a material breach of these Terms, a legal duty, or a risk to the Service or to others. Where we can reach you and the breach can be put right, we warn you first and give you reasonable time. We do not warn first where content is illegal or the risk is immediate. Where the law requires it, we give reasons (section 7).

Model withdrawal form (complete and return it only if you wish to withdraw from the agreement)

To: Dawid Zbiński, ul. gen. Władysława Sikorskiego 15/15, 34-400 Nowy Targ, Poland, dawid@zbinski.dev

I hereby give notice that I withdraw from my agreement on the Tiland online service.

Concluded on (date): …
Name of the consumer: …
Display name and, if known, the code of my last room: …
Date: …

12. Your statutory rights and our liability

Tiland is a paid app. If you are a consumer, you keep all your statutory rights where the app or the online service does not conform to the agreement. In Poland these rights are set out in the Consumer Rights Act of 30 May 2014, which implements Directive (EU) 2019/770. Nothing in these Terms limits them.
You can always send us a complaint that the app or the online service does not conform (section 13). We will bring it into conformity where we can. Where the remedy is a reduction of what you paid or a refund, which only the store that sold you the app can pay, we tell you so and confirm the fault to support your claim with the store.
We supply, through the stores, the updates the app needs to stay in conformity. If you do not install an update we told you about, we are not responsible for a lack of conformity caused only by that.
We supply the Service with due care. We are not liable for short interruptions for maintenance or updates, or for interruptions caused by events outside our control (such as failures of the internet or of our hosting provider), for the loss of a guest account whose secret was lost on your device, for games lost under the rules of the table (section 5), or for the conduct of other players. None of this limits your rights if the app or the online service does not conform to the agreement (first bullet).
If you are not a consumer, we are also not liable for indirect or consequential loss, loss of profit or loss of data, as far as the law allows.
Nothing in these Terms excludes or limits our liability for damage caused intentionally, or any other liability that cannot be excluded or limited by law.
You are responsible for damage you cause to us or to others by breaching these Terms.

13. Complaints

You can send a complaint about the Service to dawid@zbinski.dev. Describe the problem and when it happened, and tell us how to reach you.
We answer complaints within 14 days of receipt, by e-mail. If you are a consumer and we do not answer within that time, your complaint is deemed accepted.
A complaint about a payment or a refund goes to the store you bought from, under its own terms.
If you are a consumer and not satisfied with our answer, you may use out-of-court dispute resolution. This includes a municipal or district consumer ombudsman (miejski lub powiatowy rzecznik konsumentów), the regional Trade Inspection authority (Wojewódzki Inspektorat Inspekcji Handlowej) or a consumer organisation. Information about these options is at https://uokik.gov.pl. Using them is voluntary for both of us.

14. Changes to these Terms

We may change these Terms for important reasons: changes in the law or its interpretation, changes to the Service, security needs, or the correction of errors and unclear wording.

We publish the new version at https://tiland.app/terms with a new effective date. Changes that materially affect your rights or obligations are announced at least 14 days before they take effect, on the website and in the app's release notes on the store. If you do not accept the new Terms, you may end the agreement before that date (section 11). If you keep using the Service after that date, you accept the new Terms.

15. Governing law and disputes

These Terms are governed by the law of Poland. Disputes go to the Polish courts; for disputes with a business, the court competent for our place of business in Nowy Targ.

If you are a consumer, this choice of law and courts does not take away the protection of the mandatory rules of the country where you habitually reside. You may also bring proceedings in the courts of that country.

The agreement is concluded in English. You may not transfer your rights or obligations under these Terms without our written consent. We may transfer ours to a successor operator of the Service, and will announce such a transfer on the website. If any provision of these Terms is found invalid, the rest remain in effect.

16. Contact

Dawid Zbiński
ul. gen. Władysława Sikorskiego 15/15
34-400 Nowy Targ, Poland
E-mail: dawid@zbinski.dev