Terms of Service

By downloading or using the Wet Paint App (hereinafter “The App”), these terms will automatically apply to you – you should make sure therefore that you read them carefully before using The App. You’re not allowed to copy, or modify The App, any part of The App, or our trademarks in any way. You’re not allowed to attempt to extract the source code of The App, and you also shouldn’t try to translate The App into other languages, or make derivative versions. The App itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Wet Paint.

Wet Paint is committed to ensuring that The App is as enjoyable and reliable as possible. For that reason, we reserve the right to make changes to The App or to charge for its services, at any time and for any reason. We will never charge you for The App or its services without making it very clear to you exactly what you’re paying for.

The Wet Paint App stores your game progress, settings and saved runs on your device, and sends anonymous usage data and crash reports as described in our Privacy Policy. It’s your responsibility to keep your phone and access to The App secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Wet Paint App won’t work properly or at all.

You should be aware that there are certain things that Wet Paint will not take responsibility for. The App can be played offline, but some functions – such as sharing your results – require an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Wet Paint cannot take responsibility for The App not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using The App outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing The App, or other third party charges. In using The App, you’re accepting responsibility for any such charges, including roaming data charges if you use The App outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using The App, please be aware that we assume that you have received permission from the bill payer for using The App.

Along the same lines, Wet Paint cannot always take responsibility for the way you use The App i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Wet Paint cannot accept responsibility.

At some point, we may wish to update The App. The App is currently available on iOS – the requirements may change, and you’ll need to download the updates if you want to keep using The App. Wet Paint does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to The App when offered to you, We may also wish to stop providing The App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using The App, and (if needed) delete it from your device.

In-Game Items and Progress

Coins, charms, stickers, cubes and any other items you earn or unlock in The App exist only within the game. They have no monetary value, cannot be purchased, and cannot be sold, transferred or exchanged for money or anything else of value. We may change, rebalance or remove in-game items and features, including the Daily Paint challenge, at any time.

Your game progress is stored on your device. It may be lost if you delete The App or if your device is lost, reset or replaced, and Wet Paint is not able to restore it.

Sharing Your Results

The App lets you share your results, such as your Daily Paint result, using your device’s sharing options. When you share, you choose where it goes, and the terms and privacy policy of the service you share to will apply. Wet Paint is not responsible for how other services handle what you share.

License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the App for your personal, non-commercial purposes. This license is for the sole purpose of enabling you to use and enjoy the App as intended and in accordance with these Terms.

Disclaimer

THE APP, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND SERVICES ACCESSED THROUGH THE APP, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.

WHILST WET PAINT USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS IN THE APP AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO WET PAINT’S ATTENTION, WET PAINT MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE APP OR ANY PART OR PARTS THEREOF, OR ANY CONTENT. WET PAINT DOES NOT WARRANT THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR ANY PART OR PARTS THEREOF ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WET PAINT DOES NOT WARRANT THAT YOUR USE OF THE APP IS LAWFUL IN ANY PARTICULAR JURISDICTION.

WET PAINT AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.

Limitation of Liability

IN NO EVENT SHALL WET PAINT’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 US DOLLARS OR THE AMOUNTS (IF ANY) PAID BY YOU TO WET PAINT DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

WET PAINT AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:

ANY LOSS OR DAMAGE ARISING FROM:

(A) YOUR INABILITY TO ACCESS OR USE THE APP OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE APP;

(B) ANY CHANGES THAT WET PAINT MAY MAKE TO THE APP OR ANY PART THEREOF, INCLUDING ITS IN-GAME ITEMS AND FEATURES, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE APP OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;

(C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR USE OF THE APP, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY WET PAINT OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE APP;

(D) ANY ERRORS OR OMISSIONS IN THE APP’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT;

(E) ANY MISCONDUCT BY THIRD PARTIES, ESPECIALLY IN BREACH OF THE AGREEMENT;

ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR GAME PROGRESS, SAVED RUNS AND IN-GAME ITEMS), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF WET PAINT BREACHING THESE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND WET PAINT AT THE TIME YOU AGREE TO THESE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE APP MUST BE NOTIFIED TO WET PAINT AS SOON AS POSSIBLE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND WET PAINT AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND WET PAINT, AND THAT WET PAINT’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES THE LIABILITY OF WET PAINT, ITS SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS: (I) FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE, (II) FOR ANY FORM OF FRAUD OR DECEIT, (III) FOR ANY DAMAGES CAUSED WILFULLY OR BY GROSS NEGLIGENCE, OR (IV) FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

Indemnification

You hereby agree to indemnify, defend and hold harmless Wet Paint, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use.

Changes to This Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact [email protected].