Version 1.0. Last Modified: April 29, 2020
This EULA is concluded between You (the end-user) and Llama Software. Llama Software is solely responsible for the content of Llama Survival.
“Products”, “Services” are defined as software developed or used by Llama Software. For example if Llama Software uses a 3rd party service to deliver functionality within a piece of software developed by Llama Software, this service is included.
“Virtual Currency” is used to describe the in-game currencies that can be purchased with real-world money, given for performing some task or achievement.
“Us” and “we” are used in place of Llama Software.
“Stop” or “Stopping” refers to temporarily or permanently banning or removing an account. “Banning” an account will prevent any user from logging in and utilizing that account, but we will still retain all statistics, unlocks, and purchases made by the account. This is a reversible operation. Removing an account permanently deletes it from our servers and there will be no way to retrieve that exact account again.
3. Scope of License
Llama Software grants you, the end user, a non-exclusive, non-transferable, personal, limited license, which can be revoked at any time, to use Llama Survival, to download the client software and connect to our services for non-commercial purposes in accordance with these terms and conditions. The Llama Survival app are licensed, not sold. Your license confers no title or ownership to the software.
When choosing a username you must not choose a username that infringes the rights of any third party, impersonates Llama Software staff or other users, which is deliberately confusing, offensive, racist, obscene, hurtful, unlawful, or otherwise inappropriate or which breaches the username requirements specified within the app. Llama Software reserves the right to make such assessment in our sole discretion, change any username for any reason or take such other action as we believe appropriate.
You are responsible for all actions of all persons who use your account.
4. Llama Software stopping your account
If acting reasonably Llama Software determines that:
- These terms are violated
- There has been fraudulent, unlawful, or abusive activity
- It is necessary in order to prevent or stop any harm or damage to Llama Software, Llama Software Services, to other players, or the general public
We may stop any or all accounts, restrict access to any content, delete or remove virtual currency, scores, or unlocked content. Llama Software does not guarantee the ongoing supply of any product. Upon reasonable notice to you, Llama Software may deactivate any account and you acknowledge and agree that you are not entitled to any refund for any amounts paid in connection with the account.
5. Virtual Currencies
Virtual currency is a component of Llama Survival. It can be redeemed to unlock temporary or permanent content or “boosts”. Unless stated otherwise this virtual currency can only be redeemed in the game it was acquired. This Virtual Currency does not have any inherent value and are not your own private property. When you purchase or receive Virtual Currency you do not own the Virtual Currency. Instead they constitute a measurement of the extent of your license in a Llama Software product. Similarly, any Virtual Currency balance shown in your account does not constitute a real world balance or reflect any stored monetary value.
Llama Software does not provide any cash or refunds for Virtual Currency unless required by law and Virtual Currency does not have any real world monetary value. Virtual Currency is for your personal use only. You must not sell or transfer Virtual Currency, make available to anyone else, or attempt to do so, or encourage anyone else to do so. Virtual Currency can never be redeemed for real world money, goods, services, or any other item with monetary value and cannot be inherited. Llama Software may impose additional restrictions concerning the acquisition or redemption of Virtual Currency.
Llama Software reserves the right to restrict access, delete items, or remove Virtual Currency if:
- You have misused any items.
- You have been suspected or found to be cheating.
- You have violated the terms outlined in this document.
- The items were purchased with Virtual Currency in error.
- Payment for Virtual Currency was charged back.
Llama Software may decided at any time to end in part or fully the use of Virtual Currency in Llama Survival. Before removing Virtual Currency from Llama Survival we will make a reasonable attempt to notify you with a reasonable amount of time to use the Virtual Currency in Llama Survival
Llama Software is solely responsible for providing maintenance and support for Llama Survival.
7. Proprietary/Intellectual Property Rights
Llama Software retains ownership of all property rights in Llama Survival and in all trade names, trademarks, and service marks associated or displayed with Llama Survival. You will not remove, deface, or obscure any of Llama Software’s copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with Llama Survival. You may not reverse engineer, reverse compile, or otherwise reduce to human readable form any software associated with Llama Survival.
8. Legal Compliance
By using Llama Survival you agree that you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
9. Third Party Beneficiary
By using Llama Survival you also agree that Apple, Apple’s subsidiaries, Google, and Google’s subsidiaries are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, they will have the right (and will be deemed to have accepted the right) to enforce this EULA against the End-User as a third party beneficiary thereof.
Llama Software products are provided “AS IS” and “AS AVAILABLE” basis. We do not warrant that you will be able to access or use a Llama Software product at the times or locations of your choosing or that a Llama Software product will be uninterrupted or free of errors. Accordingly, Llama Software is not liable to you for any loss or damage that might arise from the interoperability, unavailability, security vulnerabilities, or reliability of the Llama Software product.
Llama Software expressly disclaims any liability for any loss or damage caused by us or our employees or agents in circumstances where:
- There is no breach of legal duty of care owed to you by us or by any of our employees or agents.
- Such loss or damage is not a reasonably foreseeable result of any such breach
- such loss or damage relates to a business.
By using a Llama Software product or service you agree to waive any legal duty of care owed to you by Llama Software, to the maximum extent allowed by law.
You will be liable for any loss or damage we suffer arising from your breach of this agreement or misuse of Llama Software products or services.
Nothing in these terms and conditions affects your statutory rights as a consumer.
These terms and conditions and any document incorporated by reference constitute the entire agreement between the parties with respect to its subject matter and supersedes any previous terms and conditions between the parties in relation to such matters. The limitations, exclusions and restrictions in these terms and conditions shall inure to the benefit of Llama Software’s licensors, successor, and assigns. Headings above are for guidance only and not binding. If we fail to enforce any provision of these terms and conditions, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these terms and conditions is found by a court to be invalid, we agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent. A person who is not a party to this agreement shall have no rights to enforce any term of this agreement.
If you have any support needs please visit https://survival.llama.software/support for the most up to date contact information.
If you do not have an email address you may send Llama Software mail to the following address
Llama Software P.O. Box 3242 Grapevine, TX 76099