Rusty Latch Games
Please read these Terms carefully. Section 16 contains a binding individual arbitration provision and a class action waiver that affect how disputes between you and Rusty Latch Games are resolved, along with instructions for opting out.
These Terms of Service ("Terms") are a binding agreement between you and Rusty Latch Games LLC ("Rusty Latch Games," "we," "us," or "our"), an Alabama limited liability company, and govern your use of our website at rustylatchgames.com, our games, and any related services we provide (together, the "Services"). By accessing or using the Services, you agree to these Terms. When a game asks you to accept these Terms (for example, by tapping "I Accept"), we keep a record of that acceptance as described in our Privacy Policy, and you agree that this electronic record is valid evidence of your acceptance. If you do not agree, do not use the Services. Our Privacy Policy, available at rustylatchgames.com/privacy.html, describes how we handle information and is incorporated into these Terms by reference. If we publish additional terms for a specific game or feature, those terms apply in addition to these Terms and control if they conflict.
You must be at least 13 years old to use the Services. If you are under the age of legal majority where you live, you may use the Services only if a parent or legal guardian reviews and agrees to these Terms on your behalf and supervises your use. By using the Services, you represent that you meet these requirements.
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and play our games on devices you own or control and to access our website, in each case for your personal, non-commercial entertainment. This is a license, not a sale. We and our licensors reserve all rights not expressly granted to you.
The Services - including all software, code, game design and mechanics, artwork, audio, text, characters, titles, and logos - are owned by Rusty Latch Games or its licensors and are protected by copyright, trademark, and other intellectual property laws. "Rusty Latch Games" and our game names and logos are trademarks of Rusty Latch Games LLC, and you may not use them without our prior written permission. Nothing in these Terms transfers any ownership to you.
You agree that you will not, and will not attempt to or help anyone else to: (a) copy, modify, distribute, sell, rent, lease, or sublicense any part of the Services; (b) decompile, disassemble, or reverse engineer the Services, or extract or derive source code, assets, data files, or underlying algorithms, except to the limited extent applicable law expressly permits despite this restriction; (c) use cheats, exploits, bots, scripts, mods, or other unauthorized software or automation, or otherwise manipulate gameplay, scores, leaderboards, virtual items, or purchases; (d) circumvent, disable, or interfere with security features, technical limitations, advertising, or purchase functionality; (e) use the Services in violation of any law or third-party right; or (f) access the Services to build a competing product or service. We may take any lawful action we consider appropriate in response to a violation, including suspending or terminating your access under Section 15.
Our games may offer optional purchases, such as removing ads or unlocking content, and may include virtual items. Virtual items are licensed to you, not sold: you receive a limited, revocable license to use them within the game in which they are offered. Virtual items have no real-world value, cannot be exchanged for cash or anything of value outside the game, and are not transferable or refundable except where required by law or by the applicable store's policy. All purchases are processed by the app store from which you obtained the game (the Apple App Store or Google Play); we do not receive or store your payment details, and billing and refunds are handled under that store's terms. You are responsible for purchases made through your device or store account. We may modify, rebalance, or discontinue virtual items or purchasable content as part of operating and updating our games; where a purchase becomes unusable other than through your breach of these Terms, your remedy is as provided by the applicable store's refund policy or by law.
The Services may display advertisements, including banner, interstitial, and optional rewarded ads served by third-party advertising partners. Advertisements are the property of their providers, and your interaction with an advertiser is between you and that advertiser. Ads help keep our games free; some games offer a purchase that removes certain ads. Rewarded ads are always optional. You may not block, tamper with, or fraudulently interact with advertisements.
We welcome ideas, suggestions, and feedback, but if you send them, you agree that we may use them without restriction, obligation, or compensation to you, and you grant us a perpetual, irrevocable, worldwide, royalty-free license to do so. We may already be developing something similar.
We may update, change, suspend, or discontinue all or part of the Services at any time - including patches, rebalancing, content changes, and adding or removing features. Any online or connected features we may offer (for example, leaderboards or events, where available) depend on networks and services that can change or end, and we do not promise that any feature will remain available. To the extent permitted by law, we are not liable for modifications, interruptions, or discontinuation of the Services, and nothing in this section limits any non-waivable rights you have as a consumer.
The Services are distributed through, and interoperate with, third-party platforms and services - including the Apple App Store, Google Play, and advertising and payment services - whose own terms and policies also apply to you. We are not responsible for third-party services, and a link or integration is not an endorsement.
If you obtained a game from the Apple App Store, the following also applies: (a) these Terms are between you and Rusty Latch Games only, not Apple, and Apple is not responsible for the game or its content; (b) your license is limited to use of the game on Apple-branded products that you own or control, as permitted by the App Store's Usage Rules, except that the game may be accessed by other accounts associated with you via Family Sharing or volume purchasing; (c) Apple has no obligation to furnish maintenance or support for the game; (d) if the game fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the game; (e) Apple is not responsible for addressing any claims by you or a third party relating to the game, including product-liability claims, claims that the game fails to conform to legal or regulatory requirements, consumer-protection claims, and intellectual-property claims; (f) you represent 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; and (g) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you with respect to the game.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT SAVED GAME DATA WILL NOT BE LOST. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you; you may have additional rights under local law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES; AND (b) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US THROUGH THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE OR FIFTY U.S. DOLLARS (US $50). These limitations apply regardless of the theory of liability and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you; nothing in these Terms limits liability that cannot be limited by law or your non-waivable consumer rights. If you are a New Jersey resident, the exclusions and limitations in Sections 12 and 13 apply to you only to the extent permitted by New Jersey law, and any part of those sections that New Jersey law does not permit does not apply to you.
To the extent permitted by law, you agree to indemnify and hold harmless Rusty Latch Games and its officers, members, and employees from claims, damages, and reasonable expenses (including attorneys' fees) arising from your breach of these Terms or your misuse of the Services. We may assume the defense of any matter subject to indemnification, in which case you agree to cooperate with us.
You may stop using the Services at any time; deleting a game from your device ends your license to that copy. We may suspend or terminate your access to all or part of the Services, including revoking your license, if you materially breach these Terms or where reasonably necessary to protect the Services, other players, or ourselves. If we terminate for your breach, you forfeit virtual items and other license rights without refund, except where a refund is required by law or the applicable store. Sections that by their nature should survive - including Sections 4, 6, 8, and 12 through 18 - survive termination.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING INDIVIDUAL ARBITRATION AND A CLASS ACTION WAIVER, AND IT EXPLAINS HOW TO OPT OUT.
Before filing any claim, you and we agree to try to resolve the dispute informally. Send a written notice to privacy@rustylatchgames.com with the subject line 'Dispute Notice', and the body that includes your name, a description of the dispute, and the relief you are seeking, and that is personally signed by you (an electronic signature is fine); we will send any notice to you at an email or other address we have for you. The parties will attempt in good faith to resolve the dispute within sixty (60) days of the notice. Most concerns can be resolved this way. Completing this step is a condition to beginning any arbitration or court proceeding.
Except as provided in Section 16.4, you and Rusty Latch Games agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration on an individual basis, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section 16. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration agreement, except that only a court may decide whether the Class Action Waiver in Section 16.5 is enforceable.
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (available at adr.org), as modified by these Terms, before a single arbitrator, in English. Unless you and we agree otherwise, the arbitration will be conducted by videoconference, by telephone, or on the basis of written submissions; if the arbitrator determines that an in-person hearing is necessary, it will take place in the county where you reside or another location the parties agree to. Fees are governed by the AAA's Consumer Arbitration Rules, which cap your filing fee and require us to pay the remaining administrative and arbitrator fees as those rules provide. The arbitrator may award the same damages and individual relief that a court could award, must follow these Terms and applicable law, and will issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction. If the AAA is unavailable or declines to administer the arbitration, the parties will agree on another arbitration administrator, or a court will appoint one.
Mass filings. If twenty-five (25) or more similar arbitration demands are filed against Rusty Latch Games by the same or coordinated counsel, the AAA's Mass Arbitration Supplementary Rules will apply, a single Process Arbitrator will oversee administration, and the demands will be administered in batches of twenty-five (25). No administrative or arbitrator fees will be due from us for a later batch until the prior batch has been resolved, and the parties will work in good faith to resolve the remaining demands promptly, including through a global mediation if either party requests one after the first batch. Applicable statutes of limitations are tolled for demands awaiting their batch.
Nothing in this Section 16 prevents either party from (a) bringing an individual claim in small claims court, in your county of residence or in Madison County, Alabama, if the claim qualifies; or (b) seeking injunctive or other equitable relief in court to protect intellectual property rights or to address unauthorized access to or abuse of the Services. Any such action, and any claim that is not subject to arbitration, may be brought only in the courts identified in Section 16.8.
You and we agree that each party may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private attorney general proceeding. The arbitrator may not consolidate the claims of more than one person. TO THE EXTENT PERMITTED BY LAW, YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
You may opt out of the arbitration agreement and class action waiver in this Section 16 by emailing privacy@rustylatchgames.com within thirty (30) days of the date you first accept these Terms, with your name and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms; if you opt out, disputes will be resolved as described in Section 16.8.
If any part of this Section 16 other than the Class Action Waiver is found unenforceable, that part will be severed and the remainder will apply. If the Class Action Waiver is found unenforceable as to a particular claim, then that claim (and only that claim) must proceed in the courts identified in Section 16.8 rather than in arbitration, and class arbitration is not permitted in any event.
These Terms are governed by the laws of the State of Alabama and applicable U.S. federal law, without regard to conflict-of-laws rules. Any claim that is not subject to arbitration - including if you have opted out under Section 16.6 or if this arbitration agreement is found unenforceable - will be brought exclusively in the state or federal courts located in Madison County, Alabama, and both parties consent to the jurisdiction and venue of those courts. If you are a consumer in a jurisdiction whose laws entitle you to bring proceedings in your local courts, to mandatory local consumer protections, or that do not permit pre-dispute arbitration agreements with consumers (for example, the European Economic Area or the United Kingdom), nothing in this Section 16 deprives you of those rights.
We may update these Terms from time to time. The "Last updated" date at the top shows when the current version took effect. If we make material changes, we will give you reasonable advance notice - for example, by posting a notice on our website or displaying a notice in the game - and your continued use of the Services after the changes take effect constitutes acceptance; we may also ask you to explicitly accept the updated Terms in a game before you continue playing. If you do not agree to updated Terms, stop using the Services. Changes to Section 16 will not apply to any dispute for which either party gave notice under Section 16.1 before the change took effect.
These Terms, together with the Privacy Policy and any product-specific terms, are the entire agreement between you and us regarding the Services. If any provision is found unenforceable, the remaining provisions stay in effect, and the provision will be enforced to the maximum extent permitted. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Except as expressly stated in Section 11, there are no third-party beneficiaries of these Terms. You agree to comply with applicable export laws, and you represent that you are not prohibited from receiving the Services under U.S. law.
Questions about these Terms: Rusty Latch Games LLC, Madison, Alabama, USA - privacy@rustylatchgames.com.
General support: support@rustylatchgames.com
| Version | Date | Summary |
|---|---|---|
| Version 2026-09-30 | September 30, 2026 | Initial publication. |