01Provider and Scope
These Terms of Service apply to the use of the iOS app "OnPoy Cars" (hereinafter the "App"), which is available through the Apple App Store.
The provider of the App is:
Onur Sitar
Bayernstraße 33
30855 Langenhagen
Germany
Email: onpoy.studios@gmail.com
By downloading, installing or using the App, you accept these Terms of Service. If you do not agree with them, you may not use the App. The terms of the Apple App Store apply in addition (see Section 18).
02Subject Matter of the App
OnPoy Cars is a toy-style car racing game. You race one of many cars against computer-controlled opponents on various tracks (levels), collect stars and use them to unlock more levels.
The App contains in particular:
- A selection of different cars
- Race tracks (levels) with loops, ramps, jumps and obstacles
- A workshop where you customize the look of your cars (paint, tires, stickers, exhaust)
- Settings for music, sounds, haptics, graphics, opponent difficulty and language
All opponents are controlled by the game on your device. There is no online multiplayer mode and no way to communicate with other people in the App.
03Age and Use by Minors
OnPoy Cars is rated 13+ on the App Store. The reason for the age rating is the advertising in the App. Children under 13 should not use the App.
If you are under 18, you may only use the App with the consent of your parents or guardians.
We recommend that parents secure the devices and Apple Accounts of children and teenagers using iOS features, in particular Screen Time. More information can be found in the "Guide for Parents" in the App.
04Game Progress and Game Content
Your stars, unlocked levels and workshop customizations are stored only locally on your device. There is no entitlement to transfer game progress to another device or to restore it after deleting the App.
How many stars you receive in a level depends on your finishing position in the race. The conditions for unlocking further levels may change as the App is developed further.
The cars, tracks and places in the App are fictional, toy-style game content and do not represent real vehicles, race tracks or places.
05Right of Use and Permitted Use
We grant you the simple, non-transferable right to use the App on your iOS devices for private, non-commercial purposes within the terms of the Apple App Store.
In particular, you may not:
- Use the App for unlawful or abusive purposes
- Reproduce or redistribute protected parts of the App without authorization
- Manipulate game progress, stars or level unlocks
- Technically circumvent or manipulate the advertising, for example through artificially generated ad impressions or clicks
- Circumvent technical protection measures
- Use the App with bots, scripts or similar automated methods
- Modify App files without authorization
- Decompile or reverse engineer the App or interfere with it in a similar way, unless expressly permitted by law
Mandatory statutory rights and rights under open-source or other software licenses remain unaffected.
06Advertising
The App is free and funded by advertising from Google AdMob. As a rule, a full-screen video ad appears after every second finished race. No ads are shown during a race, and there are no banner ads.
If you tap an ad, you may leave the App and be taken to an external offer, for example a website, another app or a page in the App Store. The terms and privacy notices of the respective provider apply there.
We are not responsible for the content, accuracy or availability of the ads delivered by Google. Claims relating to a specific ad must be settled with the advertiser or Google.
The Privacy Policy explains which data is processed and how you manage your consent (including via "Settings → Ad Settings").
07No In-App Purchases
OnPoy Cars contains no in-app purchases, no subscriptions and no paid additional content. All cars, tracks and workshop options are free to play.
Should paid content be offered in a future version, the price and scope will be shown before purchase and these Terms of Service will be supplemented accordingly.
08Advertising and Minors
Advertising in the App is limited to ads that Google rates as suitable for teens aged 13 and over. Even so, ads may contain third-party content over which we have no control.
External offers that an ad leads to may be paid. Parents should therefore ensure that children and teenagers do not have uncontrolled access to Apple Accounts and the payment methods stored there. Apple's features for restricting purchases, password requirements, Screen Time and "Ask to Buy" in Family Sharing are particularly suitable for this.
09Intellectual Property
All content of the App – in particular program code, design, graphics, cars, tracks, texts, music, sounds, animations and user interface – is protected by copyright or other intellectual property rights. The rights belong to Onur Sitar (OnPoy Studios) or the respective rights holders.
Downloading or using the App does not give you any ownership, copyright, trademark or other intellectual property rights, only the right of use described in Section 5.
Any further reproduction, modification, distribution, making available to the public or commercial use of the content is not permitted without our prior consent.
10Trademarks, Names and Third-Party Designations
All cars, tracks, places and characters in OnPoy Cars are fictional. They do not represent real vehicle models or brands.
Where track names are reminiscent of real places, buildings or landscapes (for example "Paris Tour" or "Grand Canyon"), this serves only the playful design of the track.
Trademarks, names and other protected designations of third parties that appear in ads belong to their respective owners. Unless expressly stated otherwise, there is no business connection, partnership, endorsement or sponsorship between OnPoy Cars or the provider and vehicle manufacturers, racing series or other third parties.
11Third-Party Providers, SDKs and Software Licenses
The App uses software components and services of third parties, in particular Apple technologies as well as the Google Mobile Ads SDK and the Google User Messaging Platform.
The license, privacy or usage terms of the respective providers may apply to these components in addition. Rights under applicable open-source or other mandatory license terms are not restricted by these Terms of Service.
12Updates and Technical Requirements
OnPoy Cars is developed further, improved and updated. Updates may be necessary to fix bugs, ensure security, adapt the App to new iOS versions or devices, expand content or implement legal requirements.
Proper use may require a current version of the App or of iOS. Older versions may not be supported permanently.
13Changes to the Game and Content
We may change the App as part of its further development. This may in particular concern cars, tracks, level unlocks, workshop options, opponent difficulty, sounds, animations, the user interface and the frequency of advertising.
There is no entitlement for certain free features or content to remain unchanged permanently, unless the law provides otherwise. Mandatory statutory consumer rights remain unaffected.
14Availability and Possible Discontinuation of the App
We strive to provide the App reliably but cannot guarantee that it is available at all times without errors or interruptions, in particular for causes beyond our control (for example changes to iOS or outages of the App Store or Google AdMob).
We may restrict or discontinue the further development or provision of the App for objective reasons, for example for technical, legal or economic reasons. Where possible and reasonable, we will inform you in good time.
15Warranty and Liability
Since the App is provided free of charge, the statutory rules for digital content provided free of charge apply. We strive to provide a careful and error-free App but cannot guarantee that it will always work without errors or be compatible with every future iOS version and device.
We are liable without limitation for intent and gross negligence and for damage resulting from injury to life, body or health. In the event of a slightly negligent breach of an essential obligation, liability is limited to the foreseeable, typically occurring damage. Otherwise, liability is excluded to the extent permitted by law.
Liability under the German Product Liability Act and mandatory statutory consumer rights remain unaffected.
16Third-Party Services and Content
The App integrates third-party services, in particular for advertising. When you open an external offer, the terms and privacy notices of the respective provider apply.
The respective provider is responsible for the availability and content of external offers, unless the law provides otherwise.
17Privacy
The Privacy Policy explains how your data is processed in connection with OnPoy Cars. There you will find information in particular on locally stored game and settings data, Google AdMob, consent management and App Tracking Transparency.
You can find the Privacy Policy in the App under "Settings → Privacy Policy".
18Apple-Specific Provisions
The App is distributed through the Apple App Store. Unless a separate end user license agreement is provided for the App, Apple's Standard End User License Agreement (Standard EULA) applies in addition. The following also applies between you, us and Apple Inc. or Apple Distribution International Ltd. ("Apple"):
- These Terms of Service are concluded between you and us, not with Apple. Apple is not responsible for the App and its content.
- Apple has no obligation to provide any maintenance or support services for the App.
- If the App fails to conform to any applicable warranty, you may notify Apple. Since the App is free, Apple has no further warranty obligation.
- We, not Apple, are responsible for any claims relating to the App – for example product liability, failure to conform to legal requirements or consumer protection.
- If anyone claims that the App infringes intellectual property rights, we, not Apple, are responsible for investigating and handling the claim.
- You confirm that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms of Service and may enforce them against you.
19Termination of Use
You can stop using the App at any time by deleting it from your device. Since there is no user account, there is nothing to cancel, and since the App contains no purchases, no refund questions arise.
If you seriously breach these Terms of Service (in particular Section 5), we may prohibit you from using the App.
20Changes to These Terms of Service
We may update these Terms of Service if there is an objective reason, for example new features, changed third-party services or new legal requirements. Where legally required, we will inform you about material changes in a suitable way, for example the next time you open the App.
You can find the current version in the App under "Settings → Terms of Service".
21Governing Law and Jurisdiction
The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer living in another country, the mandatory consumer protection provisions of that country remain unaffected.
For consumers, the statutory places of jurisdiction apply. Where an agreement on the place of jurisdiction is legally permissible (for example with merchants), the place of jurisdiction is Hanover, Germany.
22Contact
If you have any questions about the App or these Terms of Service, you can reach us here:
Onur Sitar
Bayernstraße 33
30855 Langenhagen
Germany
Email: onpoy.studios@gmail.com