Operator: Bradley Gehrke, a sole trader located in Queensland, Australia ("we", "us", "our").
Contact: dev@fivestackgame.com
Effective date: 13 June 2026 · Version: 1.0. By creating an account, downloading, or using Five Stack (the "Game"), you agree to these Terms of Service and End User License Agreement (together, the "Terms"). If you do not agree, do not use the Game.
Part A — End User License Agreement
1. Licence
We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the Game on devices you own or control, for your own personal, non-commercial entertainment. We retain all other rights.
2. Ownership
The Game and all its content — including code, art, the map, characters, names, text, audio, the "Championship Steel" design system, and all other materials — are owned by us or our licensors and are protected by intellectual-property laws. Except for the licence above, nothing transfers any ownership to you.
3. Virtual Items & Currency
The Game may let you earn or, if and when we offer it, purchase virtual currency, cosmetic items, and other in-game content ("Virtual Items"). You receive only a limited licence to use Virtual Items within the Game. Virtual Items:
- are not your property and have no monetary value outside the Game;
- cannot be sold, traded, gifted for real money, or exchanged for cash;
- are non-transferable except as we expressly allow in-game;
- may be changed, removed, or expired by us where reasonably necessary (for example, to balance or maintain the Game); and
- are forfeited if your account is terminated or deleted, including when you delete your own account.
4. Restrictions
You must not: reverse-engineer, decompile, or modify the Game except where the law permits; cheat, exploit bugs, use bots or unauthorised third-party software; disrupt our servers; resell or commercialise the Game; or use the Game unlawfully.
5. User Content & Conduct
If the Game lets you choose names, create a team, or submit content, you are responsible for it and must keep it lawful and non-infringing. You grant us a licence to host and display that content within the Game. We may remove content or restrict accounts that breach these Terms.
6. Intellectual-Property Complaints
If you believe content in the Game infringes your intellectual-property rights, contact us at dev@fivestackgame.com with enough detail to identify the content and your rights, and we will review and, where appropriate, remove or disable it.
Part B — Terms of Service
7. Eligibility
You must be at least 13 years old (and old enough to form a binding contract where you live). If you are under the age of majority, you confirm a parent or guardian has reviewed and agreed to these Terms.
8. Accounts
You are responsible for activity on your account and for keeping your login secure. We may suspend or terminate accounts that breach these Terms or harm other players or the Game.
9. Purchases
If the Game offers optional purchases, they are sold and processed through the Google Play Store or Apple App Store, which act as the merchant for those transactions under their own terms. We do not separately collect your card details. All such purchases are for Virtual Items as described in Part A.
10. Refunds
Because Virtual Items are delivered immediately, purchases are generally final and non-refundable, except: (a) where the app store's refund policy provides otherwise, and (b) where you have non-excludable rights under the Australian Consumer Law or other applicable law (see clause 13). Refund requests are handled through the relevant app store.
11. Availability & Changes
The Game is an evolving live service. We may update, change, suspend, or discontinue any part of it (including Virtual Items, features, servers, or the Game itself) at any time, with reasonable notice where practicable. We are not obliged to keep the Game available indefinitely.
12. Data & Privacy
We collect and process limited personal information (such as your email and game progress) as described in our Privacy Policy at fivestackgame.com/privacy. Our servers are located in the United States, so your information is stored and processed overseas. By using the Game you consent to that overseas handling.
13. Australian Consumer Law (important)
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded. Where our goods or services come with guarantees that cannot be excluded, and where the law permits us to limit our liability, our liability is limited — at our option — to re-supplying the service or paying the cost of re-supply.
14. Disclaimer
To the maximum extent permitted by law and subject to clause 13, the Game is provided "as is" and "as available", without warranties of any kind (including merchantability, fitness for a particular purpose, uninterrupted availability, or freedom from bugs or data loss).
15. Limitation of Liability
To the maximum extent permitted by law and subject to clause 13:
- we are not liable for indirect, incidental, special, consequential, or punitive loss, or for loss of data, profits, goodwill, or Virtual Items; and
- our total aggregate liability to you for all claims arising out of or relating to the Game is limited to the greater of (i) the total amount you paid us (or via the app stores for the Game) in the 12 months before the claim, or (ii) AUD $100.
16. Indemnity
To the extent permitted by law, you agree to reimburse us for reasonable losses arising from your breach of these Terms, your misuse of the Game, or your infringement of someone else's rights.
17. Termination
You may stop using the Game and delete your account at any time. We may suspend or end your access if you breach these Terms or where reasonably necessary to protect the Game or other players. Clauses that by their nature should survive (including 2, 3, 6, 12, 13–16, and 19) survive termination.
18. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will increase the version number and ask you to accept the updated Terms before you continue playing. Continued use after changes means you accept them.
19. Governing Law & Disputes
These Terms are governed by the laws of Queensland, Australia, and you and we submit to the non-exclusive jurisdiction of its courts. We both agree to first try to resolve any dispute informally by contacting dev@fivestackgame.com before starting formal proceedings. Nothing limits your right to bring a complaint to a relevant consumer-protection regulator.
20. General
If any provision is unenforceable, the rest stays in effect. These Terms (plus the Privacy Policy and the app store's terms) are the entire agreement between us about the Game. Our failure to enforce a right is not a waiver of it.
By tapping "I Agree & Continue", you confirm you have read and accept these Terms, including the End User License Agreement.