Argus Development GmbH – Terms and Conditions for Frog Story and all other
Games we provide
1. About these terms
1.1.These terms constitute a legal agreement between you (onwards “you” or “your”) and
Argus Development GmbH, Angerer Strasse 22, Top 7, 1210 Vienna, Austria, a company
which is registered in Austria, with the registration number FN 409839 f (onwards “we”,
“us” or “our”) in correlation to our games that are made available via the APP Store,
Google Play and/or on Facebook, and any allied services related to our games (onwards
“Game” or “Games”). By accessing and/or playing our games you agree to these terms
1.2. You confirm that you are at least 13 years old, and that if you are between 13 years
and 18 years old, your legal guardian has reviewed these terms, agrees to them and is
pleased that you play our Games.
1.3. You can reread these terms when ever you wish at
http://www.argusdev.com/en/terms-of-service. We can apply changes to these terms at
any time in compliance with paragraph 14 below and your continued play of our Games
shall confirm your acceptance of the updated terms.
2 About accessing and playing our Games
2.1. You can find the specific game rules, scoring rules, controls and guidelines for each
Game in itself. You shall comply with such rules, scoring rules and control guidelines,
which form part of these terms, with respect, when you choose to access and /or play one
2.2. You are capable for the internet connection and/or mobile charges that you may incur
for playing our Games. Please ask your mobile operator if you are unsure what these
charges will be, before you play.
2.3. We have the right to modify or withdraw one ore more of our Games (in whole or in
part) without liability to you from time to time:
Because it no longer makes business sense for us to provide the relevant Game
for technical reasons (like difficulties experienced by us on the internet)
to allow us to improve the user experience
for legal reasons (including privacy or other legal objections to the content or conduct of our Games)
because we have changed the services we provide.
2.4. On a scheduled or unscheduled basis our Games or part of a Game may be not
available, related on technical or other reasons.
3.1. You agree that you keep all your login details a secret, and that you shall take all
necessary steps to protect them. You also confirm that you will not give your login details
to anyone else or allow anyone to use your login details or account. This includes your
login details and account for any social network or platform that you may allow our Games
to interact with, as we refer also to them in these terms.
3.2. You accept full responsibility for the consequences (including any unauthorized
purchases) and fully compensate us for any losses or harm that may result, when you fail
to keep your login details secret, or if you share them or your account with someone
(whether intentionally or unintentionally).
3.3. We will not be capable to you for any loss that you suffer as a result of an
unauthorized person accessing your account and playing our Games and we accept no
responsibility for any losses or harm resulting from its unauthorized use, whether
fraudulently or otherwise.
3.4. If there is no activity conducted for 180 days or more on your account, we reserve the
right to delete it. In such case, you will no longer be able to access and/or use any Virtual
Money and or Virtual Goods (find definition below) connected with that account and no
refunds will be offered to you in relation to the same.
3.5. If the account is deleted, either by you or by us in accordance with these terms, you
may lose access to any data previously connected with your account (including, without
limitation, the level or score you have reached in our Games and any Virtual Money or
Virtual Goods associated with your account).
4 Virtual Goods and Virtual Money
4.1. There may be virtual currencies (like coins, gold coins and points), also to be known
as virtual money, or items or services to use with our Games (Virtual Goods) included to
our Games. Virtual Money can be bought for real money, if you are at least 18 years old.
When you are over 18 years old you may also be able to buy Virtual Goods for real money
or other credits. By playing or using or Games you agree that Virtual Money or Virtual
Goods can never be exchanged for real money, real goods or real services from us or
anyone else. You also agree that you will only purchase Virtual Money and/or Virtual
Goods from us, and not from any third party.
4.2. You purchase a limited personal revocable license to use Virtual Goods or Virtual
Money, but you do not own them. Any balance of Virtual Money or Virtual Goods does not
reflect any stored value.
4.3. You confirm that all sales by us to you of Virtual Money and Virtual Goods are final
and that we will not refund any transaction once it has been made. If you live in the
European Union you have certain rights to withdraw from distance purchases. However,
please note that when you purchase a license to use Virtual Goods or Virtual Money from
us, the performance of our services begins promptly once your purchase is complete and
therefore your right of withdrawal is lost at this point.
4.4. We reserve the right to control, regulate, change or remove any Virtual Money or
Virtual Goods without any liability to you.
4.5. But for limiting paragraph 3.5, if we suspend or terminate your account in accordance
with paragraph 7 of these terms you will lose any Virtual Money and Virtual Goods that you
may have and we will not compensate you for this loss or make any refund to you.
5 User conduct and content
5.1. You must observe the law that apply to you in the location that you access our Games
from. If any law applicable to you restrict or prohibit you from playing our Games, you must
comply with those legal restrictions or, if applicable, stop accessing and/or playing our
5.2. You assure that all the information you provide to us on accessing and/or playing our
Games is and shall remain true, accurate and complete at all times.
5.3. You agree and understand that information, data, software, sound, photographs,
graphics, video, tags, or other materials may be sent, uploaded, communicated,
transmitted or otherwise made available via our games by you or other users (“Content”) is
in the sole responsibility of the person that sent the Content. This means that you, not us,
are entirely responsible for all Content that you may upload, communicate, transmit or
otherwise make available via our Games.
5.4 You agree not to upload, communicate, transmit or otherwise make available any
that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
that is or could reasonably be viewed as invasive of another's privacy;
that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
which you do not have a right to make accessible lawfully (such as inside information, information which belongs to someone else or confidential information);
which harms any intellectual property right or other proprietary right of others;
which includes of any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or
which holds software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
5.5 You agree that you will not:
abuse our Games to harm anyone or to cause offense to or harass any person;
create more than one account per platform to play our Games;
abuse another person or entity's email address in order to sign up to play our Games;
abuse our Games for fraudulent or abusive purposes (including, without limitation, by using our Games to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Games);
disguise, anonymize or hide your IP address or the source of any Content that you may upload;
abuse our Games for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
remove or adjust any proprietary notices or other ownership information from our Games;
interfere with or disrupt our Games or servers or networks that provide our Games;
essay to decompile, reverse engineer, disassemble or hack any of our Games, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
'harvest', 'scrape' or collect any information about or regarding other people that play our Games, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Currency or Virtual Goods;
interrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Games or engaging in real time exchanges;
disregard any requirements or regulations of networks connected to our Games;
abuse our Games in violation of any applicable law or regulation;
abuse our Games to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Games, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
use our Games in any other way not granted by these terms.
5.6. As we do not control Content posted on our Games by other people and therefore we
do not guarantee the accuracy, integrity or quality of that Content. You realize that when
playing our Games, you may be exposed to Content that you may consider offensive,
indecent or objectionable. Under no circumstances will we be liable in any way for any
Content, including, but not limited to, any errors or omissions in any Content, or any losses
or harm of any kind resulting from the use of any Content posted, emailed, transmitted or
otherwise made available via our Games.
5.7. You acknowledge that we do not actively monitor Content that is contributed by people
that play our Games and we make no undertaking to do so. However, we do have the right
to remove uploaded Content from our Games if we decide in our sole discretion that it
results in or from a breach of these terms, or that it may bring us or our Games into
5.8. You are solitary responsible for your interactions with other users of our Games.
6 Playing our Games against opponents
6.1. In some of our Games you are allowed to play against an opponent. You may be able
to (I) choose to play against an opponent whom we select for you, or (ii) play against one
of your contacts on a platform or social network, which you have allowed our Games to
interact with. Some of our Games may also allow you to search for friends (for example, by
email address) in order to find them to play against. We may also show the display names
of your past opponents so that you can easily find to play again.
6.2. Where we select an opponent for you, we may either use such criteria as we see fit to
select your opponent (f. example, your past scores or the latest reached level in the
Game) or select at a random
6.3. By playing and/or accessing those of our Games, which allow you to play against an
opponent, you agree that your display name, scores, and other relates details are being
displayed to other users. You also recognize and confirm that other users may find you by
searching for you with your email address. Please note that we will only show your display
name publically and not your email address, so another user can only search and find you
if he or she knows your email address.
7 Your breach of these terms
7.1. We reserve the right to terminate or suspend your access to our Games (including by
deleting your account) if we reasonably believe that you are in material breach of these
terms (including by repeated minor breaches). Without limitation, any breaches of
paragraphs 5.4 or 5.5 are likely to be considered material breaches.
7.2. You agree to compensate us, according to law, for all losses, harm, claims and
expenses that may arise from any breach of these terms by you.
8 Disclaimer and release
8.1. We accept liability for death or personal injury resulting from our negligence or that of
our employees or agents, and for losses or harm caused by fraud by us or our agents, or
any other liability which may not by law be excluded.
8.2 For any losses or harm (other than those mentioned in paragraph 8.1), in any period of
twelve months, we will only be responsible for losses or harm which are a reasonably
foreseeable consequence of our negligence or breach of these terms and conditions up to
the value of the amount that you have paid to us in the 100 day period ending on the date
of your claim. Losses and harm are foreseeable where they could be contemplated by you
and us at the time of you agreeing to these terms and conditions.
8.3 We are not responsible for:
losses or harm not caused by our breach of these terms or negligence; or
losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
any increase in loss or damage resulting from breach by you of any of these terms and conditions; or
technical failures or the lack of availability of our website, Games, and/or social media channels where these are not within our reasonable control.
8.4 We will provide our Games with the same skill and care as other similar games
providers, but you acknowledge that your only right with respect to any problems or
dissatisfaction with any of our Games is to discontinue your use of that Game and we are
not responsible or liable for any interruptions or errors that you may experience while
playing our Games.
8.5 Any additional legal rights which you may have as a consumer remain unaffected by
9 Intellectual property
9.1 You acknowledge that all copyright, trade marks, and other intellectual property rights
in and relating to our Games (other than Content which is contributed and owned by
players) is owned by or licensed to us.
9.2 When you are in compliance with these terms, we grant you a non-exclusive, nontransferable,
personal, revocable limited license to access and use our Games (but not the
related object and source code) for your own personal private use, in each case provided
that such use is in accordance with these terms. You agree not to use our Games for
9.3 You must not copy, distribute, make accessible to the public or create any derivative
work from our Games or any part of our Games unless we have first agreed to this in
9.4 In particular, and without limiting the application of paragraph 9.3, you must not make
accessible any cheats or technological measures designed to control access to, or
elements of, our Games, including providing access to any Virtual Currency and/or Virtual
Goods, whether on a free of charge basis or otherwise.
9.5 By providing Content (as defined in paragraph 5.3) via our Games you:
are representing that you are fully authorized to do so;
concede us and our group companies the right to edit, adapt, publish and use your
entry and any derivative works we may create from it, in any and all media (whether
it exists now or in the future), for any purpose, in perpetuity, without any payment to
respect that you may have what are known as "moral rights" in the Content, for
example the right to be named as the creator of your entry and the right not to have
work subjected to derogatory treatment. You agree to waive any such moral rights
you may have in the Content; and
accept that we have no obligation to monitor or protect your rights in any Content
that you may submit to us, but you do give us the right to enforce your rights in that
Content if we want to, including but not limited to taking legal action (at our cost) on
9.6 You must not copy, distribute, make available to the public or create any derivative work
from any Content belonging to any other player of our Games. If you believe that your
intellectual property rights have been infringed by someone else over the internet, you may
contact us by emailing the following information to email@example.com:
a description of the intellectual property rights and an explanation as to how they have been harmed;
a description of where the harming material is located;
your address, phone number and email address;
an announcement by you, made under penalty of perjury, that (i) you have a goodfaith
belief that the disputed use of material in which you own intellectual property
rights is not authorized, and (ii) the information that you are providing is accurate,
correct, and that you are authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed; and
a physical or electronic signature of the person authorized to act on behalf of the
owner of the exclusive right that has allegedly been harmed.
10.1 We are registered with the data protection authority in Austria.
10.2 We may only collect, process, use and share your personal information in accordance
consent to us collecting, processing, using and sharing your personal data in this way. If
10.3 Any personal information that we might collect may also be subject to the policy of
any social network that you may agree to link our Games to. If you play our Games and
you agree to allow them to interact with a social network you are giving us permission to
use your email address and other personal information which that social network shares
with us that will allow us to personally identify you. You are also granting us permission to
help your contacts on that network find you so that you can play socially. This is intended
to make our Games more enjoyable for you and others that play our Games on the social
network. If you do not agree to these practices you should not allow our Games to interact
with your social network.
Games. They may for example be used to help us recognise your computer and to ensure
that your account is accessed by the person that inputs the correct username and
We may link to third party websites or services from our Games. You recognize that we
make no promises regarding any content, goods or services provided by such third parties
and we do not endorse the same. We are also not responsible to you in relation to any
losses or harm caused by such third parties. Any charges you incur in relation to those
third parties are your responsibility. You understand that when you provide data to such
12 Transferring these terms
We may wish to transfer all or a part of our rights or responsibilities under these terms to
someone else without obtaining your approval. You agree that we may do so provided that
the transfer does not significantly disadvantage you. You may not transfer any of the rights
we give you under these terms unless we first agree to this in writing.
13 Entire agreement
These terms set out the entire agreement between you and us concerning our Games (as
defined in paragraph 1) and they replace all earlier agreements and understandings
between you and us. If you also access or play our Games via other platforms (for
example, on our website or via any other third party website or service) then different
terms and conditions apply in respect of those Games.
14 Changes to these terms
You can find these terms at any time by visiting
We reserve the right to update these terms from time to time by posting the updated
version at that address. We may do so because we change the nature of our products or
services, for technical or legal reasons, or because the needs of our business have
changed. You agree that if you do not accept any amendment to our terms then you shall
immediately stop accessing and/or playing our Games.
If any part of these terms is held to be invalid or unenforceable under any applicable local
laws or by an applicable court, that part shall be interpreted in a manner consistent with
applicable law to reflect as nearly as possible our original intentions and the remainder of
these terms shall remain valid and enforceable.
16 Waivers of our rights
Our failure to exercise or enforce any of our rights under these terms does not waive our
right to enforce such right. Any waiver of such rights shall only be effective if it is in writing
and signed by us.
17 Complaints and dispute resolution
Most concerns can be solved quickly by contacting us at firstname.lastname@example.org.
In the unlikely event that we cannot solve your concern and you wish to bring legal action
against us these terms shall be governed by and construed in accordance with the laws of
18 Questions about these terms
If you have any questions about these terms or our Games you may contact us by email at
These terms were last updated on 10 November 2014.