Terms and conditions

1. The operator and the agreement

1. 1.1This website at stratosphynx.com (the Site) is operated by Williwaw Studios OOD (Виливау Студиос ООД), UIC/EIK 206530664, 51 Business Park Sofia, Building 11A, floor 4, Sofia 1766, Bulgaria (the Operator, we, us). The Operator is a limited liability company incorporated in the Republic of Bulgaria and is the contracting party under these terms and conditions (the Terms).
2. 1.2By accessing, browsing or using any part of the Site you accept the Terms in full and they form a binding agreement between you and the Operator. If you do not accept them, do not use the Site.
3. 1.3These Terms apply together with the Privacy Policy and the Cookie Policy, each of which is incorporated by reference. Where a conflict arises, these Terms prevail on contractual matters and the Privacy Policy prevails on the processing of personal data.

2. Definitions

1. 2.1Board means any single interactive casino game simulation offered on the Site. Points means the scorekeeping number described in section 5. Account means the optional local record described in section 7. Content means all text, layout, code, graphics, marks and other material forming part of the Site.
2. 2.2Headings are for convenience and do not affect interpretation. Including and in particular are not words of limitation. A reference to a statute includes that statute as amended or replaced.

3. The service

1. 3.1The Operator provides free access to browser-based simulations of online casino games (roulette, online pokies, card games, scratch cards and bingo), played for points that have no value, and to written explanatory material describing how each format works, together with the published probabilities and pay tables for each Board.
2. 3.2The service is supplied without charge, without subscription and without any consideration passing from you. There is no free trial that converts to a paid plan, because there is no paid plan.
3. 3.3The explanatory material is general information about how these formats work. It is not advice of any kind and must not be relied on as advice.

4. No real money, no wagering, no prizes

1. 4.1Nothing on the Site involves money or anything of monetary value. There is no payment page, no deposit facility, no withdrawal facility, no prize, no reward with monetary value, no cash equivalent and no cash-out. None is planned and none may be inferred from any wording on the Site.
2. 4.2The Site is not, and must not be represented by anyone as, a gaming, betting, wagering, lottery or prize-competition service. No stake is accepted, no risk of financial loss is created and no financial gain is possible.
3. 4.3For visitors in Australia: nothing on the Site is a gambling service, an interactive gambling service or a regulated gambling product under Australian law, because no consideration is given for participation and nothing of value can be won.
4. 4.4The Operator does not offer, arrange, promote, facilitate or accept any real-money activity, on the Site or anywhere else, and does not act as an agent, affiliate or introducer for any operator that does.

5. Points

1. 5.1Points are a number displayed on the Site to keep score. They are not money, not e-money, not a payment instrument, not a security, not a token of any tradeable kind and not property.
2. 5.2Points cannot be purchased, sold, transferred, gifted, redeemed, exchanged or converted into money, goods, services, credits, tokens or anything else, and they confer no right, claim or entitlement of any kind against the Operator or any third party.
3. 5.3Points that decrease during play are not a loss of anything, and Points that increase are not a gain of anything. The Operator may add, reset, adjust or remove Points at any time without notice and without any obligation.
4. 5.4Points are held in your own browser. Clearing your browser storage erases them permanently. The Operator cannot restore them because the Operator never holds them.

6. Age and eligibility

1. 6.1The Site is intended for adults aged eighteen years or over. By using the Site you represent that you are eighteen or over.
2. 6.2If you are under eighteen you must leave the Site. A non-blocking notice on first visit asks you to confirm your age; declining dismisses the notice and displays a message that the Site is intended for adults.
3. 6.3You must not use the Site where doing so would breach a law that applies to you. You are responsible for knowing whether that is the case.

7. Accounts

1. 7.1An Account is optional and free. No part of the Site is charged for, and no Account is required for the twelve open Boards in each family.
2. 7.2Account details, including any password, are written only to your own browser and are never transmitted to the Operator. The Operator therefore cannot see, recover, reset or disclose a password, and cannot restore an Account.
3. 7.3Clearing your browser storage deletes the Account permanently and by design. Choosing essential-only storage removes it immediately.
4. 7.4You must not create an Account using another person's details or impersonate any person. You are responsible for anything done through your browser.

8. Boards that ask for an Account

1. 8.1Two of the fourteen Boards in each family open only after an Account has been created in your browser. Twelve open with no Account at all.
2. 8.2This restriction is a product feature and not a payment barrier. Creating an Account is free, involves no payment details and can be undone at any time by clearing your browser storage.

9. Acceptable use

1. 9.1You may use the Site for personal, non-commercial purposes only.
2. 9.2You must not: interfere with the Site or its security; automate access to it; probe, scan or test its vulnerabilities; circumvent any technical limitation; reproduce, resell or commercially exploit the Content; frame the Site or present it as your own; use it to build a dataset or train a model; or present it to any person as a real-money service.
3. 9.3The Operator may restrict or withdraw access where use of the Site damages it, harms other visitors or breaches these Terms, without notice and without liability.

10. No user content

1. 10.1The Site does not accept, host, publish or transmit content submitted by users. There is no forum, no comment facility, no upload facility and no messaging facility.
2. 10.2Text you type into the contact form is passed to your own mail application and is never received by the Site. Text typed into the assistant panel is matched locally in your browser and is never transmitted.
3. 10.3For the purposes of Regulation (EU) 2022/2065 (the Digital Services Act), the Site does not operate as a hosting service or an online platform in respect of user content, and no content-moderation, notice-and-action or internal complaint-handling system is required for content the Site does not host. Complaints about the Site itself are handled under section 15.

11. Intellectual property

1. 11.1All Content is owned by the Operator or its licensors and is protected by copyright and other rights. The names, logo and visual identity of Stratosphynx are marks of the Operator.
2. 11.2You may read the Site, quote short extracts with attribution and link to any page. You may not copy the Site in whole or in substantial part, republish it, create derivative works from it, or use the marks in a way that suggests an association, endorsement or origin that does not exist.
3. 11.3Nothing in these Terms transfers any right in the Content to you.

12. Availability, changes and withdrawal

1. 12.1The Site is provided on an as-is and as-available basis. The Operator does not warrant uninterrupted or error-free availability, and may change, suspend or withdraw the Site or any Board at any time, in whole or in part, without notice.
2. 12.2Because the service is free and no consideration passes, no availability commitment is given and none may be implied.

13. Disclaimers

1. 13.1To the fullest extent permitted by law, the Operator excludes all warranties, conditions and terms implied by statute or common law in relation to the Site, other than those that cannot lawfully be excluded.
2. 13.2The Operator does not warrant that the explanatory material is complete or free from error, although it is prepared with care and every published figure is computed from the configuration of the Board it describes.

14. Limitation of liability

1. 14.1Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.
2. 14.2Subject to clause 13.1, the Operator is not liable for indirect, special or consequential loss, loss of profit, loss of opportunity, loss of data or loss of goodwill arising out of or in connection with the Site.
3. 14.3Subject to clause 13.1, the total aggregate liability of the Operator in connection with the Site is limited to the greater of the amount you paid to access it, which is zero, and one hundred euro.
4. 14.4Because the service is free and involves no money, no property, no stake and no prize, no financial loss can arise from participation itself.

15. Indemnity

1. 15.1You agree to indemnify the Operator against any claim, demand, loss or expense arising from your breach of these Terms, your misuse of the Site, or your presentation of the Site to any third party as something it is not.

16. Complaints

1. 16.1Complaints about the Site should be sent to [email protected] with enough detail to identify the page and the issue. The Operator acknowledges complaints within five working days and aims to resolve them within thirty days.
2. 16.2A complaint about the handling of personal data should be sent to [email protected] and is dealt with under the Privacy Policy and section 17.

17. Third-party links

1. 17.1The Site links to independent support organisations and to two font files served by a third party. The Operator does not control those destinations, does not endorse their content and is not responsible for them.
2. 17.2Following an external link takes you outside the Site, and the terms and privacy practices of that destination apply from that point.

18. Personal data

1. 18.1The Operator processes personal data as described in the Privacy Policy, which forms part of this agreement. In ordinary use of the Site the Operator collects no personal data at all.
2. 18.2Your rights under Regulation (EU) 2016/679 (the GDPR) and, for visitors in Australia, under the Privacy Act 1988 (Cth) and the Australian Privacy Principles, are set out in the Privacy Policy and are not affected by these Terms.

19. Force majeure

1. 19.1The Operator is not in breach of these Terms, and is not liable, for any failure or delay caused by an event beyond its reasonable control, including network failure, hosting failure, power failure, act of a public authority, industrial action or natural event.

20. General

1. 20.1The Operator may assign or transfer its rights and obligations under these Terms. You may not, as the agreement is personal to you.
2. 20.2If a provision of these Terms is found unenforceable, it is severed to the minimum extent necessary and the remainder continues in force.
3. 20.3A failure or delay in enforcing a right is not a waiver of it, and no single or partial exercise prevents any further exercise.
4. 20.4These Terms, together with the Privacy Policy and the Cookie Policy, are the entire agreement between you and the Operator in relation to the Site and replace any earlier understanding.
5. 20.5No person other than you and the Operator has any right to enforce these Terms.

21. Governing law, jurisdiction and disputes

1. 21.1These Terms and any non-contractual obligation arising out of or in connection with them are governed by the law of the Republic of Bulgaria.
2. 21.2The courts of the city of Sofia, Republic of Bulgaria have exclusive jurisdiction over any dispute, subject to clause 21.3.
3. 21.3If you are a consumer resident in the European Union, you may also bring proceedings in the courts of your country of residence, and you keep the protection of any mandatory provision of the law of that country. You may use the European Commission online dispute resolution platform at ec.europa.eu/consumers/odr.
4. 21.4If you are a consumer resident in Australia, nothing in these Terms excludes, restricts or modifies a guarantee, right or remedy conferred by the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth) that cannot lawfully be excluded, restricted or modified.

22. Changes to these Terms

1. 22.1The Operator may update these Terms. The version date appears at the top of this page and updating that date is the notice of the change.
2. 22.2A change that materially affects how storage is used also resets the storage notice, so that a fresh choice can be made. Continuing to use the Site after a change means you accept the updated Terms.

23. Contact

1. 23.1General and contractual enquiries: [email protected]. Personal data and removal requests: [email protected].
2. 23.2Postal address: Williwaw Studios OOD (Виливау Студиос ООД), UIC/EIK 206530664, 51 Business Park Sofia, Building 11A, floor 4, Sofia 1766, Bulgaria.