DRAFT — requires review by a lawyer. Not in force.
Emberdust terms of service
Version 1, effective 19 October 2026.
1. About these terms
These terms are an agreement between you and Patryk Wałaski (sole trader, NIP PL8992925980), ul. św. Mikołaja 8/11 lok. 208, 50-125 Wrocław, Poland ("we", "us"), the provider of Emberdust ("the game"). They apply to the game on Android and iOS, its servers and this website. By installing or playing the game you agree to them and to our privacy policy. If you do not agree, please do not play.
2. Age and eligibility
To play you must be at least 16, or the age of digital consent in your country if it is lower, but never under 13. If you are under 18, a parent or guardian must agree to these terms for you and allow any purchase you make; they are responsible for your purchases.
3. Your account
- The game only works online. An account is made for you automatically the first time you start it.
- To keep your character when you change phones, link the account to Google or Apple. An account that is not linked can be lost together with the phone, and we may be unable to recover it.
- You are responsible for what is done with your account, including purchases. Keep your device and sign-in safe.
- Accounts are personal. You may not sell, lend, share or transfer one.
- You can delete your account at any time in the game or at /account/delete.
4. Your licence to play
We let you use the game for your own private, non-commercial play. This permission is personal, non-exclusive, cannot be transferred and can be withdrawn under section 12. We, or our licensors, own the game and everything in it: code, art, characters, music, names and other content. Except where mandatory law allows it, you may not copy, change, decompile, reverse engineer, resell or distribute the game or any part of it.
5. Diamonds and other virtual items
- Diamonds are the game's premium currency and can only be bought in the game's shop. Gold, tickets, dust, stones and other currencies are earned by playing.
- Diamonds, currencies and items are not property you own. Buying or earning them gives you a limited licence to use them inside this game only.
- They have no value in real money. They cannot be cashed out, exchanged for anything outside the game, or moved to another account or game.
- Diamonds you bought do not expire while your account exists. Everything is kept on our server, tied to your account.
- We may change the game, its balance and its content. We will not lower the number of diamonds you hold or take away an item you bought, except in the cases in sections 8 and 12.
- Trading accounts, diamonds or items outside the game is not allowed.
6. Purchases
You pay through Google Play or the App Store, under their payment terms. The price is the one the store shows, taxes included. Before you pay, the game shows exactly what the purchase gives.
| Diamond packs | The number of diamonds stated; the first purchase of a pack may add a stated bonus. |
| Membership (30 days) | A single payment, not a subscription: you are never charged again automatically. It runs for 30 days from the moment it is delivered; buying again adds 30 days to the time left. Its benefits are those shown in the game's Membership window when you buy, and they stay the same for the days that purchase paid for (section 8). When it ends, the benefits stop; what you earned with them stays yours. |
| Remove ads (365 days) | A single payment. For 365 days from delivery, rewards that normally need an ad are given without one. Buying again adds 365 days. |
| Limited offers | What you get, the price and how long the offer lasts are shown in the offer before you buy. |
Purchases come back on any device where you sign in to the same account. If you paid and did not receive a purchase, e-mail us with the order number.
Random rewards. Some rewards are random, such as weapon summons. Before every draw the summon's information panel shows the chance of each outcome and any reward guaranteed after a number of draws. Upgrades that can fail, such as stars, show their chance of success before each attempt.
7. Right of withdrawal (EU and UK consumers)
Consumers usually have 14 days to cancel a contract made at a distance. For digital content that is delivered straight away, that right ends once delivery starts, if you asked for immediate delivery and confirmed that you lose the right. Before payment the game asks you to confirm:
I want the purchase delivered to my account immediately. I understand that I lose my right of withdrawal once it is delivered.
8. Refunds and chargebacks
Purchases are final and we do not give money back, except where mandatory law requires it (for example if paid content does not work as described, see section 14). Refund requests made to Google or Apple are decided by them under their own rules.
If a purchase we delivered is later refunded or charged back through Google, Apple or your bank, we take back what it gave and what was bought with it:
- the diamonds from it that are still unspent;
- items bought with those diamonds that can be removed (outfits, wings, name tags, damage number skins, pets);
- membership or ad-free days that are left.
If some of those diamonds were spent on something that cannot be taken back (time already used, rewards already claimed), your diamond balance goes below zero by that amount. While it is below zero you cannot spend diamonds, and diamonds you get later fill the gap first. From the first such refund the account is also blocked. We never block an account because a purchase we did not deliver was refunded.
You can appeal by e-mail to playemberdust@gmail.com, for example if a child bought without permission. A person reviews every appeal.
If we change what a paid benefit gives (for example a membership benefit), the days you already paid for keep the benefits as they were at purchase until they run out; the new version applies from your next purchase.
9. Rules of play
When playing you must not:
- cheat, use bots, macros, scripts, modified game clients, automation tools or emulators set up to play for you;
- exploit bugs or errors, or keep advantages gained from them;
- attack or overload our servers, get around our security, or access other players' accounts;
- harass, threaten or impersonate anyone;
- trade accounts, diamonds or items for real money, or offer to do so.
If you find a bug, please report it rather than use it.
10. Chat, names and other player content
You are responsible for what you write in chat and for the character and guild names you choose. Do not post content that is hateful, sexual, violent, illegal, infringes others' rights, shares personal data of others, or advertises. Chat is filtered and may be reviewed when reported. You let us show, store and process this content as needed to run the game. Use Report and Block in the game against abusive players.
11. Moderation and anti-cheat
Our server checks fights and progress and flags accounts for review. A person looks at every flag before we act. Depending on how serious a breach is, we may remove items or currencies obtained unfairly, mute chat, hide an account from rankings, suspend it for a period or delete it. The game shows you the reason and, for a suspension, when it ends. You can contest a decision within 6 months by e-mail to playemberdust@gmail.com; you will get a decision with reasons. An account we delete is kept for 365 days in case of an appeal.
12. Ending the agreement
You can stop playing and delete your account at any time. We may end these terms for your account if you seriously or repeatedly break them, as described in section 11. A permanent ban for cheating does not entitle you to get back what you spent, unless mandatory law says otherwise.
13. Availability and changes to the game
We try to keep the game running, but maintenance and outages can happen. We may add, change or remove features, balance and content. If we decide to close the game, we will say so in the game at least 60 days before, stop selling diamonds on the day of the announcement, and refund diamonds bought in the last 30 days that are still unspent.
14. Our liability
Nothing in these terms limits your rights as a consumer under mandatory law, including our responsibility for the conformity of digital content and services, or our liability for intent or gross negligence. We are not liable for losses caused by your own breach of these terms or by events beyond our reasonable control.
15. Changes to these terms
We will tell you about important changes in the game at least 30 days before they apply. If you do not accept them, you may stop playing and delete your account before they take effect.
16. Law and disputes
Polish law applies to these terms. If you are a consumer, you also keep the protection of the mandatory rules of the country where you live, and you may take a claim to the courts there. Please contact us first, so we can try to solve the problem. Consumers in Poland may also ask the municipal or district consumer ombudsman (rzecznik konsumentów) or the Office of Competition and Consumer Protection (UOKiK) for help.
17. General
If a court finds part of these terms invalid, the rest stays in force. If we do not enforce a right at once, we do not give it up. We may transfer these terms to another company that takes over the game, without lowering your rights.
18. App Store additional terms
If you got the game from Apple's App Store: these terms are between you and us, not Apple; Apple is not responsible for the game, its maintenance or support, or claims about it (including product liability, legal compliance or intellectual property). If the game fails to meet a warranty, you may notify Apple for a refund of its purchase price, if any; Apple has no other warranty obligation. You confirm that you are not in a country under a U.S. Government embargo or on a U.S. list of prohibited parties. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. Questions and complaints go to us at the address in section 19.
19. Contact
Patryk Wałaski (sole trader, NIP PL8992925980), ul. św. Mikołaja 8/11 lok. 208, 50-125 Wrocław, Poland, playemberdust@gmail.com. This address is also our single point of contact for users and authorities under the EU Digital Services Act.