Terms of Service

These terms are an agreement between you and Onyxfish LLC (“Onyxfish”, “we” or “us”). They cover Private Sales on every platform: the iOS and Android apps, versions that run in a web browser, and the game’s cloud features. In these terms all versions are collectively referred to as “the Game”. When you first open the Game, it asks you to agree to these terms. By agreeing, you accept them. If you don’t agree, please don’t play the Game.

Our Privacy Policy explains what information the Game collects and how we use it.

Who can play

You must be at least 13 years old to play, or older if the law where you live requires it. If you’re under 18, or under the age of majority where you live, please read these terms with a parent or guardian. They must agree to them for you.

Your license to play

We grant you a limited, personal, non-exclusive and non-transferable license to install and play the Game for your own non-commercial entertainment, on devices you own or control. Sharing your play, as described below, is also allowed. If you got the Game from an app store, the store’s usage rules also apply, for example on how many devices you may use.

You may not:

copy, sell, rent, lend, sublicense or distribute the Game or its content;
modify, decompile, disassemble or reverse engineer the Game, except where the law allows it despite this restriction;
use cheats, bots, exploits or unauthorized software that interfere with the Game or its cloud services;
try to reach another player’s account or data, or disrupt or overload our services;
remove or change any copyright, trademark or other notices in the Game;
use the Game in any way that breaks the law.

Sharing your play. You’re welcome to stream, record and share videos and screenshots of the Game, including on channels that earn money. Please don’t suggest that we endorse you, and don’t share the Game itself.

Buying the Game

You buy the Game from the App Store or Google Play. Apple or Google handles payment, and their terms govern your purchase and any refund. To ask for a refund, contact the store you bought from. The Game has no in-app purchases, virtual currency or loot boxes.

We sometimes offer free test versions, such as early access and web builds. They may be unfinished or change a lot, and we can end them at any time.

Your account and cloud saves

When cloud features are on, the Game creates a guest account for you and backs up your save. You can sign in with Google or Apple to use your account on other devices. You’re responsible for keeping your Google or Apple account secure, and their terms apply to it.

We work hard to keep your saves safe, but we can’t promise the cloud features will always be available or that a save will never be lost.

Changes to the Game

We may update the Game to fix bugs, add or change features, or balance play. Some updates may be required to keep playing. We may also change or remove features, including cloud features. If we ever stop offering the cloud features, we’ll tell you in advance and the Game will keep your save on your device.

Private Sales is fiction

Private Sales is a work of fiction. Its artworks, artists, collectors, dealers, institutions and events are invented, or used fictitiously. Nothing in the Game is advice about the real art market or about investing.

Who owns what

Onyxfish and its licensors own the Game and the rights in everything in it: its code, art, writing, music, sounds and trademarks. These terms don’t transfer any of those rights to you. You get only the license described above.

The Game includes open-source software. Its licenses, which are listed in the Game, apply to that software, and nothing in these terms limits your rights under them.

If you send us ideas or feedback, we may use them without owing you anything.

Ending this agreement

You can stop playing at any time. You can also delete your account and cloud save in the Game or by asking us.

We may suspend or end your access to the Game’s cloud features if you seriously or repeatedly break these terms, or if the law requires it. Where it’s reasonable, we’ll tell you first.

Your license ends only if you seriously break the rules under “Your license to play”. If it does, you must stop using the Game. The sections on ownership, disclaimers, limits on liability, disputes and the general terms still apply afterward.

Disclaimers

We make the Game with care, but it’s provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We also don’t promise that the Game will be uninterrupted or free of errors.

Some places don’t allow warranties to be disclaimed, and consumers there have rights these terms can’t take away. Nothing in these terms limits those rights.

Limits on our liability

To the fullest extent the law allows:

we aren’t liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, arising from the Game or these terms;
our total liability to you for all claims about the Game or these terms is limited to the greater of what you paid for the Game and US$50.

These limits don’t apply to liability that the law doesn’t allow to be limited, such as liability for fraud, willful misconduct, gross negligence or breaking the law, or for death or personal injury caused by negligence.

Disputes

Talk to us first. If you have a problem with the Game, email privatesales@onyxfish.dev. Most problems can be solved that way. Before either of us goes to court, we each agree to try in good faith to resolve the dispute informally for 30 days.

Governing law and courts. California law governs these terms, without regard to its conflict-of-laws rules. Any dispute will be decided in the state courts in Alameda County, California, or the federal courts for the Northern District of California, and we both agree to those courts’ jurisdiction. Either of us may instead bring an individual claim in small claims court.

Consumers outside the United States. If you live in the European Economic Area, the United Kingdom or another country whose consumer law gives you these rights, the mandatory protections of your country’s law still apply to you. You may bring a claim in the courts where you live.

Apple App Store

If you got the Game from Apple’s App Store:

These terms are between you and Onyxfish only, not Apple. Onyxfish, not Apple, is solely responsible for the Game and its content.
Your license is to use the Game on Apple-branded products you own or control, as the App Store’s Usage Rules permit. It includes use by other accounts in your Family Sharing group or through volume purchasing.
Onyxfish is solely responsible for providing any maintenance and support for the Game, as these terms describe or as the law requires. Apple has no obligation to provide maintenance or support for the Game.
If the Game fails to meet any warranty that applies to it, you may notify Apple, and Apple will refund the price you paid for the Game. To the extent the law allows, Apple has no other warranty obligation for the Game. Any other claims, losses or costs from a failure to meet a warranty are Onyxfish’s responsibility, to the extent these terms don’t disclaim them.
Onyxfish, not Apple, is responsible for any claims about the Game or your use of it, including product liability claims, claims that the Game fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
If anyone claims that the Game or your use of it infringes their intellectual property rights, Onyxfish, not Apple, is responsible for investigating, defending, settling and discharging the claim.
You confirm that you aren’t in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you aren’t on any U.S. Government list of prohibited or restricted parties.
Questions, complaints and claims about the Game go to Onyxfish, at the address under Contact below.
You must follow any third-party terms that apply when you use the Game, such as your wireless carrier’s.
Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple may enforce them against you.

Apple’s Licensed Application End User License Agreement also applies when you get the Game from the App Store. These terms add to it. If they conflict, Apple’s agreement governs your license to use the Game on Apple devices.

Google Play

If you got the Game from Google Play, Google Play’s terms of service also apply to your purchase. Google isn’t a party to these terms and isn’t responsible for the Game.

Changes to these terms

When these terms change, we’ll post the new version here with the date it takes effect, and list what changed in the version history. If a change is significant, the Game will ask you to accept the new terms. By playing after a change takes effect, you accept the new terms. If you don’t accept them, please stop playing, and you can delete your account.

General

These terms and the Privacy Policy are the whole agreement between you and us about the Game.
If any part of these terms can’t be enforced, the rest still applies.
If we don’t enforce part of these terms right away, we haven’t given up the right to enforce it later.
You may not transfer these terms to anyone else. We may transfer them if our business changes hands, for example in a merger or sale.
Neither of us is responsible for delays or failures caused by events beyond our reasonable control.
These terms don’t create a partnership, employment or agency relationship between us.

Contact

Onyxfish LLC, 2108 N Street Ste N, Sacramento, CA 95816, United States. privatesales@onyxfish.dev