Last modified: 2019/09/17
1. Legal notice
The game and app development company Appsurd (henceforth called “Appsurd”) owns the website https://www.appsurdgames.com
as well as https://www.appsurdgames.nl
(henceforth called “website”) and all applications published on the Android platform on the Google Play Store and the applications published on the iOS App Store (“applications”). Appsurd also creates and publishes tutorials and scripts for GameMaker Studio on YoyoGames’s forum https://forum.yoyogames.com/index.php
and can be downloaded from the YoyoGames Marketplace (“Marketplace”) https://marketplace.yoyogames.com
and on Twitter https://www.twitter.com/Appsurdgames
a message will be posted regarding the update and its global contents. The user cannot derive any further rights from the (summary of the) update posted of such a message.
Appsurd offers the user several products and services. Applications can be downloaded or bought, In App Purchases (“IAPs”) can be bought in the applications, Marketplace extensions can be downloaded or bought, etc. The products offered by Appsurd are listed below.
3.1 Free applications
All applications produced, designed and published by Appsurd are available, or will shortly become available, for Android (Google) or iOS (Apple). This implies that users can download some of Appsurd’s applications, free of charge, from the Google Play Store or the Apple App Store. Generally, those applications contain an advertisement banner, an interstitial (an advertisement which covers the whole page and can be skipped (mostly)) or a video advertisement (an advertisement which is a short video of about 20 seconds which cannot be skipped). The latter shall never be used without any explicit gain for the user, such as in-game bonuses.
All advertisements shown in the applications will not contain extreme violence, inappropriate or sexual content. In case this happens, the user is highly encouraged to contact Appsurd about the matter. Appsurd will respond within at most 10 working days, and together with the user, a solution will be sought.
3.2 Paid applications
Besides free applications, Appsurd occasionally offers paid applications which can be bought in the Google Play Store or the Apple App Store. The purchase and payment details are fully taken care of by the respective store. More information on the purchase policy (including refunds) can be found on https://www.apple.com/legal/sales-support/sales-policies/retail_uk.html
(iOS) and https://support.google.com/googleplay/answer/2479637
(Android). In these policies, the procedure for a refund is explained. It is therefore impossible for Appsurd to process or take care of any refund requests and any request must be directed to the respective app store.
Paid applications will not contain any advertisements, except video advertisements. Video advertisements will only be shown optionally, and only with an explicit gain for the user. In the Google Play Store or the Apple App Store, the store might indicate that the applications contain advertisements. This is caused by the fact that both the paid and free version contain the same source files, and as such, both contain the code for the advertisements.
In case the user encouters a paid application published by Appsurd which shows non-video advertisements, or video advertisements without an explicit gain for the user, the user is encouraged to contact Appsurd via the contact form about the issue. Appsurd will try to resolve the issue within 2 months.
3.3 In App Purchases
Several applications published by Appsurd contain In App Purchases. Mostly the user is able to purchase powerups or in-game currency, such as coins, either using In App Purchases or by watching a video advertisement. Regarding refunds, the same procedure is applied as in article 3.2.
Appsurd publishes tutorials on YoyoGames’s forum, which are readable for free. Moreover, most tutorials contain example code which can be downloaded from the YoyoGames Marketplace. Downloadable examples belonging to tutorials written by Appsurd will always be free, regardless of what type of tutorial it concerns.
The user is allowed to use the tutorial’s content in games, apps or other products, either commercially or for private use, without paying a fee and without referring to Appsurd in any way. Referring is however greatly appreciated, and the user is asked to refer in the following way: “Appsurd, www.appsurdgames.com”.
The user may never redistribute, change or sell the tutorial’s content or corresponding scripts to third parties. Appsurd is not responsible at all for the content of the tutorials and corresponding scripts.
Aside from publishing tutorials, Appsurd also produces scripts which are downloadable from the YoyoGames Marketplace. Some scripts are downloadable free of charge, others can be purchased from the Marketplace. This requires the user to have a YoyoGames account. The payment is handled by YoyoGames, and refunds are not possible at all.
The user is allowed to use the scripts in games, apps or other products, either commercially or for private use. The user may never redistribute, change or sell the scripts to third parties. Appsurd is not responsible at all for the content of the scripts.
3.6 User Requests
Users can submit an idea or plan to Appsurd in order to investigate whether Appsurd can produce the game, app or website for the user. Appsurd will contact the user and will, in consultation with the user, create and setup a plan and send this to the user by email. The user and Appsurd will stay in touch until the plan is fully clear by both parties. Then Appsurd will send the user by email the final plan and pricing. After acceptance of the plan and pricing by the user, the project will be developed by Appsurd. During the project, the user and Appsurd will have frequent contact about the development and progress. After a while, the project will be sent to the user such that the user can test the project and report all problems and improvements to Appsurd. Appsurd will try to update the project accordingly and after both parties agree with the final product, the product will be published on the agreed platforms. Then Appsurd will send the final pricing to the user. The user has to pay this within 14 working days. In case the user does not pay in time, legal action may be taken against the user.
4. User data
Appsurd collects user data in several ways. This section outlines the different sources of data, how Appsurd guarantees data is not collected unnecessarily and how users can view, change or delete their personal data.
Appsurd tries to limit the collection of data as much as possible. All data sources listed in article 4.1 until 4.6 are vital to keep all services running. Articles 4.7 - 4.9 outline the procedures taken whenever the user wants to look into, change to delete data or when data is stolen.
When a user visits the website of Appsurd, no data about the user will be stored at all. Therefore a cookie banner is unnecessary.
Additionally, on the same hosting, a database will be used to store data. More information on this can be found in article 4.5 and 4.6.
Most applications published by Appsurd contain advertisements. The advertisements are hosted by Google’s service Admob. Some video advertisements are handled by UnityAds. These services use personal data to show personal advertisements to the user. Appsurd can in no way view or use this data. More information about Admob is shown here https://support.google.com/admob/answer/48182
and UnityAds here: https://unity3d.com/legal/privacy-policy
On these pages, the collected data is specified: the country, the language of the device used, and more. Please consult one of the previous links to investigate all data explicitly. For Google services, the user can change some settings about the collection of personal data: https://adssettings.google.com/authenticated
. Data collected by either Google or Unity will exist forever, except when this is deleted by the user (Google only).
Appsurd also ensures no abusive, irrelevant or extreme violence is shown by disabling specific settings for the advertisement services. In case this happens, the user is highly encouraged to contact Appsurd about the matter. Appsurd will respond within at most 10 working days, and together with the user, a solution will be sought.
Users can contact Appsurd in various ways. One method is to fill in the contact form on the website or by sending an email. Another option is to send a message via social media.
4.3.1 Contact form and email
Users can contact Appsurd in various ways, including the contact form on the website and using the email address firstname.lastname@example.org
. By filling in the contact form or sending an email, users agree to share their name, mail address and other personal information with Appsurd. This data will be stored on the mail address of Appsurd, which is located on the same domain as the website. The website is hosted by Neostrada.
Appsurd will automatically delete emails and contact forms when the correspondence with the user has finished within 14 working days.
4.3.2 Social media
Users can contact Appsurd on social media, including Facebook
. By sending a message, the user agrees to share its (login) name to Appsurd as well as possible other account details.
Appsurd will automatically delete chat history when the correspondence with the user is finished within 14 working days.
4.4 Google Play Games / Google Cloud Saving and Apple Game Center
In various applications of Appsurd, it is possible to login to Google Play Games / Google Cloud Saving on Android devices and to Apple’s Game Center on iOS devices. By doing so, the user agrees to share his/her information with Appsurd and the respective service to obtain access to other parts of the application, such as online highscores or cloud saving. Appsurd will try to keep this service optional, i.e. the services are not necessary to (almost) fully engage in the functionality of the application.
4.5 Bug reports
When the development of an application is still ongoing, the user occasionally has the opportunity (and is highly encouraged) to report bugs in the software to Appsurd. A button will be present where the user can click on, and after that a screen appears where the explanation of the bug can be filled in. A bug report is saved in the database of Appsurd, which is hosted on the same domain as the website. The bug report remains stored until it is fixed, which can vary between a few days and a year. In case the user wants to look into the bug report or wants to delete it, the user must inform Appsurd by using the contact form or the mail address. The procedure from article 4.7 is applied.
4.6 App data
Various applications published by Appsurd contain user information. This information varies from highscores to the in-game progress and multiplayer games, but will never include any personal information, except the user’s self-chosen in-game name. No mail address, location, whatsoever will be stored. All data is transferred and saved in a secure way. In case the user wants to look into the data or wants to delete it, the user must inform Appsurd by using the contact form or the mail address. The procedure from article 4.7 is applied.
4.7 View, edit and delete data
Onwards from May 2018 as listed in the General Data Protection Regulation, users have the right to access, correct, change and delete personal information. Appsurd also offers this service for information Appsurd directly controls, i.e. all data gathered as outlined in article 4.3, 4.5 and 4.6.
In case the user wants to use its rights, it must contact Appsurd via the contact form or by sending an email. The user must explain the problem(s) experienced and what should be done. Before Appsurd will react on this proposal, the user needs to confirm its identity to Appsurd. Therefore Appsurd will either request small personal data in order to verify the author’s identity or will request a copy of their ID card. Naturally, the user may remove personal data on their ID card, such as their citizen service number (in Dutch: Burgerservicenummer), machine readable zone (MRZ), passport number and photograph. The latter needs to be done in order for individuals not to take advantage of another’s identity, either by Appsurd employees or villains trying to steal or copy information. Appsurd will respond to this request as soon as possible, but at least within 30 working days.
4.8 Sharing data
Appsurd will never share, sell or distribute any (personal) data of users with third parties. The contact form and the mail address will save data on the database hosted by Neostrada. Advertisement data collected by Google or Unity is saved on their behalf and Appsurd cannot review, change or access this data at all.
The only exception is when Appsurd is obliged to share data to a governmental institution. This shall be done in a most minimalistic way, to ensure the user’s identity is protected as much as possible during the process.
4.9 Data breach
In case individuals are known to have stolen data, information, code or other property owned or looked after by Appsurd, Appsurd will report the incident to the Dutch “Autoriteit Persoonsgegevens” https://autoriteitpersoonsgegevens.nl
as Appsurd is situated in The Netherlands. Moreover, all users will be informed by a message posted on Facebook and Twitter in which appropriate measures are shown which Appsurd takes and which users can take on their behalf to reduce the overall impact of the event.
All information, text, images, videos, applications, source code, game ideas and other relevant data which is created, bought, designed or published by Appsurd is property of Appsurd or Appsurd has received written or oral approval from the original author or creator and may not be used, copied, changed or sold by other individuals. These properties are protected by Dutch copyright laws. See http://wetten.overheid.nl/BWBR0001886/2015-07-01
for more information (in Dutch!). In case the user does not comply with the aforementioned rules, judicial action might be taken against the user. At first, a warning is send to the user. After 10 working days of no response, the user will be fined appropriately.
Whenever Appsurd uses any property which it does not fully own or it is not published on an explicit free license, appropriate credits are given to the original owner, as far it is possible to track down the original author or creator.
In case the user suspects Appsurd to use information, text, images, videos or game ideas illegally or without giving appropriate credits, the user must contact Appsurd via the contact form. Appsurd will respond to the user’s request at least within 10 working days, and together with the user, an appropriate solution will be sought.
5.1 Copyright on images
All images designed, created and published by Appsurd may never be used without written permission by Appsurd. All images used by Appsurd on any of the aforementioned platforms are owned and created by Appsurd. In case the user experiences problems of any kind with any of the images owned by Appsurd, the user should contact Appsurd via the contact form. Appsurd will contact the user within 14 working days, and together the issue will be discussed and solved. If appropriate, the image might be changed or removed.
5.2 Copyright on music and sounds
All music and sound effects present in the applications of Appsurd are owned and created by Appsurd, or are available under a free license.
5.3 Copyright on game and app ideas
All game concepts and app ideas are fully developed and worked out by Appsurd. None of these can be used, copied, redistributed or sold.
5.4 Copyright on the website
All content of the website is owned by Appsurd. None of these can be used, copied, redistributed or sold.