Terms of Service

Last updated: September 26, 2026

These Terms of Service (the "Terms") are a legal agreement between you and Nicholas Liberty ("we," "us," or "our") governing your use of the 8-Bit Swimming mobile game and its related online services (together, the "Game"). By downloading, installing, or using the Game, or by creating an account, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Game.

1. Eligibility

You must be at least 13 years old to use the Game. If you are under the age of majority where you live, you may use the Game only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the Game.

2. License

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Game on devices you own or control, solely for your personal, non-commercial entertainment. All rights not expressly granted to you are reserved by us.

The Game, including its software, code, graphics, audio, text, characters, and trademarks, is owned by us or our licensors and is protected by copyright, trademark, and other laws. Nothing in these Terms transfers ownership of any part of the Game to you.

3. Accounts

You need an account to use the Game's online features. You agree to provide accurate information when you register and to keep your password confidential. You are responsible for all activity that occurs under your account. Notify us promptly if you believe your account has been accessed without your permission.

You may maintain only one account. You may not sell, transfer, or share your account, or create accounts to obtain rewards, inflate a club, or evade a suspension.

4. Acceptable Use

You agree not to:

• Cheat, including by using bots, scripts, macros, memory editors, modified clients, or any other unauthorized software that automates gameplay or alters the Game's behavior;
• Exploit bugs or errors instead of reporting them, or help others do so;
• Submit times or results you did not achieve through normal gameplay;
• Copy, modify, distribute, sell, rent, or sublicense the Game, or reverse engineer, decompile, or disassemble it, except to the extent applicable law expressly permits despite this restriction;
• Interfere with, disrupt, or place an unreasonable load on the Game's servers or networks, or attempt to gain unauthorized access to them or to other players' accounts;
• Harass, threaten, impersonate, or abuse any person; or
• Use the Game for any unlawful purpose.

5. Player Content

"Player Content" means anything you submit through the Game, including your username, club names, tags, crests, mottos, club chat messages, and feedback. You are responsible for your Player Content. It must not be unlawful, obscene, hateful, harassing, or infringing, must not impersonate any person, and must not advertise or promote anything. There is no tolerance for objectionable content or abusive players.

You can report a player, or block them so you no longer see their club chat messages, from their profile in the Game. We review reports and may remove the content and suspend or terminate the account of any player who breaks these rules.

You grant us a worldwide, royalty-free, non-exclusive license to host, store, reproduce, display, and distribute your Player Content as necessary to operate and promote the Game. We may review, edit, or remove any Player Content at any time and for any reason, without notice.

If you send us ideas or suggestions about the Game, we may use them without restriction or compensation to you.

6. Clubs

A club's owner is responsible for the club's name, tag, crest, motto, and membership settings, which are subject to Section 5. We may modify or close any club that violates these Terms. Closing a club does not close its members' accounts.

7. Virtual Items

The Game includes virtual items such as coins, gems, medals, chests, cosmetic items, and progress (together, "Virtual Items"). Virtual Items are licensed to you, not sold, under the license in Section 2. Virtual Items have no monetary value, are not your property, and cannot be redeemed for money or anything of value, or sold, traded, or transferred outside the Game. We may modify, rebalance, or remove Virtual Items at any time, including Virtual Items you already hold, and we have no liability to you for doing so.

8. Purchases and Advertising

The Game does not currently offer in-app purchases or display advertising. If we add paid content, purchases will be processed by Apple or Google and will be subject to their terms and refund policies in addition to these Terms. Except as required by law or by the applicable store's policies, all purchases are final and non-refundable. If we add optional rewarded advertisements, watching them will not be required to continue playing.

9. Fair Play Enforcement

We may investigate any suspected violation of these Terms. If we believe you have violated these Terms, we may, without notice or liability, remove leaderboard entries, reset progress or Virtual Items, remove Player Content, or suspend or terminate your account.

10. Changes to the Game

We may modify, suspend, or discontinue the Game or any feature, event, or content at any time. We will try to give reasonable notice in the Game before a significant change. Online features, including leaderboards and clubs, require an internet connection and may not always be available.

11. Termination

You may stop using the Game at any time and may delete your account from the Settings screen or at 8bitswimming.com/delete-account. We may suspend or terminate your access to the Game at any time if you violate these Terms or if we discontinue the Game. Upon termination, your license ends and you lose access to your account and any Virtual Items, without refund except where required by law. Sections 2 (ownership), 5, 7, and 12 through 18 survive termination.

12. Disclaimer of Warranties

THE GAME IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT YOUR PROGRESS OR DATA WILL BE PRESERVED.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROGRESS, VIRTUAL ITEMS, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATING TO THE GAME OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE GAME OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) FIFTY U.S. DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Indemnification

You agree to indemnify and hold us harmless from any claims, losses, liabilities, and expenses, including reasonable attorneys' fees, arising out of your Player Content, your violation of these Terms, or your violation of any law or the rights of any third party.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Maryland, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Game will be brought exclusively in the state or federal courts located in the State of Maryland, and you and we consent to the personal jurisdiction of those courts. Either party may instead bring an individual claim in small claims court if it qualifies. Nothing in this Section limits any rights you have under the consumer protection laws of the place where you live that cannot be waived by contract.

16. Apple App Store Terms

If you downloaded the Game from the Apple App Store, the following also applies. These Terms are between you and us only, not Apple, and we, not Apple, are solely responsible for the Game and its content. Apple has no obligation to provide maintenance or support for the Game. If the Game fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Game. Apple is not responsible for addressing any claims relating to the Game, including product liability claims, claims that the Game fails to conform to any legal or regulatory requirement, consumer protection or privacy claims, or claims that the Game infringes a third party's intellectual property rights. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

17. Changes to These Terms

We may revise these Terms from time to time. We will update the "Last updated" date and, for material changes, notify you in the Game before the changes take effect. Your continued use of the Game after the changes take effect constitutes your acceptance of the revised Terms.

18. General

These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Game. If any provision is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them without restriction. We are not liable for any delay or failure to perform caused by events beyond our reasonable control.

19. Contact Us

If you have questions about this document, contact Nicholas Liberty at nicholas.a.liberty@gmail.com.