Terms of Use

These Terms of Use (the “Terms”) govern the use of the mobile game “One Day It Blooms” (the “Game”) and constitute a legally binding agreement between you and SIA “Explovis”, a limited liability company registered in the Commercial Register of the Republic of Latvia under registration number 40203786029, with its legal address at Riga, Terbatas iela 68 - 3, LV-1001, Latvia and email address support@explovis.com (the “Company”, “we” or “us”). The full details of the Company are set out in Section 20.

By downloading, installing or using the Game you confirm that you have read and accept these Terms. If you do not accept them, you must not use the Game.

The processing of personal data is described in the Privacy Policy. The Privacy Policy provides the information required by law and does not form part of these Terms.

Nothing in these Terms excludes or limits the rights that you have as a consumer under the mandatory law of the country of your habitual residence.

In these Terms:

1. “Account” means the game account created for you in Unity Gaming Services, to which your progress, Virtual Currency, Virtual Items and leaderboard results are linked;
2. “Consumer” means a natural person who uses the Game for purposes outside their trade, business, craft or profession;
3. “Google Play” means the Google Play store and its billing system, through which the Game is distributed and purchases are made;
4. “Online Features” means the features of the Game that require a connection to our servers, including online saving, the shop, the daily gift, reviving the rose, the leaderboard and invitations;
5. “Virtual Currency” means the in-game currencies Petals and Dew;
6. “Virtual Items” means supplies, tools, garden items, boosts and other content obtained in the Game.

The Game is intended for a general audience. On first launch the Game asks for the year of birth of the player and adapts certain features to the age of the player: players under 13 play as guests without sign-in and without a custom nickname, and players under 16 are not asked to share optional data (Section 11 of the Privacy Policy).

A player under 18 should read these Terms together with a parent or guardian. Purchases by minors require the permission of a parent or guardian. Parents and guardians are responsible for purchases made from devices and Google accounts that they manage and may require approval of every purchase in the family and purchase settings of Google Play.

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable and revocable licence to install the Game and to use it on your own devices for non-commercial entertainment purposes, in accordance with these Terms and the terms of Google Play.

The Game and all of its content remain the property of the Company or its licensors. You acquire a right to use them, not ownership.

You must not:

1. copy, sell, rent out or distribute the Game or any part of it;
2. decompile, reverse engineer or modify the Game, except to the extent expressly permitted by law;
3. use cheats, bots, modified versions of the Game or exploits, or interfere with the operation of our servers;
4. use the Game in any manner contrary to law.

On first launch the Game creates a guest Account through Unity Gaming Services. The Account is not linked to your email address or telephone number. Your progress, Virtual Currency, Virtual Items and leaderboard results are linked to the Account and saved on your device and on our servers.

The garden continues to grow while the Game is closed, up to the number of in-game days per absence indicated in the Game, and is brought up to date when you open the Game. The Online Features require an internet connection. Care given while offline is taken into account when the connection is restored, within the limits set to ensure fair play.

You may link your Account to Google Play Games (Settings → Account) and then continue playing on another device by signing in with the same Google Play Games account. If you remain a guest and uninstall the Game, clear its data, or reset or replace your device, the Account may not be recoverable, and your garden and unused Virtual Currency may be lost.

If the Google Play Games account with which you sign in is already linked to a garden, the Game asks for your confirmation before switching to that garden. The guest garden on the device is then replaced.

If you lose access to your Account, you may contact us at support@explovis.com, stating your player number (Settings → Your ID) or nickname and the order numbers of your purchases. We shall make reasonable efforts to restore access but cannot guarantee it.

The Account is personal. You must not sell, share or transfer it. You may delete the Account at any time in Settings → Privacy & data → Delete my data.

Your nickname, score and position on the leaderboard are visible to other players. The leaderboard shows the points of your current rose, which start again from zero when you plant a new rose. A nickname must not:

1. be offensive, hateful, sexual, violent or discriminatory;
2. impersonate another person or the Company;
3. contain personal data such as a full real name, telephone number or address;
4. advertise anything or contain links;
5. infringe the law or the rights of third parties.

You must not cheat, exploit errors in the Game, change the clock of your device in order to skip time, automate play, use modified versions of the Game or manipulate scores, balances or invitations. If you discover an error that grants Virtual Currency or Virtual Items, you should report it through Menu → Found a bug? instead of using it.

In the event of a breach of this Section we may rename or reset a nickname, remove results from the leaderboard, remove Virtual Currency or Virtual Items obtained through cheating or errors, or restrict the Online Features for the Account in accordance with Section 13. Offensive nicknames and errors may be reported to support@explovis.com.

The Game has two Virtual Currencies: Petals, which are earned by caring for the rose, and Dew, which may be purchased for money or received as a reward. Virtual Currency may be used to obtain supplies, tools, garden items, a growth boost and other content.

Virtual Currency and Virtual Items constitute a licence to use content within the Game. They have no monetary value, are neither money nor electronic money, and cannot be exchanged for money, goods or services outside the Game or transferred to another player or Account.

Certain Virtual Items are linked to the current rose and cease to be available when you plant a new rose. Before each purchase the shop indicates whether an item is “For this rose only” or “Yours forever”. Items marked “Yours forever” remain available after a new rose is planted. When you plant a new rose, your balance of Petals is also set to the starting amount indicated in the Game, while Dew and your all-time score are kept. Before a new rose is planted, the Game lists what will be lost and what will be kept and asks for your confirmation.

Consumable supplies are consumed upon use. The growth boost and the “grow this bud now” function take effect immediately.

We shall not remove Virtual Currency or Virtual Items for which you have paid, except where they were obtained through cheating, errors or fraud, where the payment was refunded or reversed (including Dew deducted to settle Dew owed under Clause 8.4), where you delete your data, where you plant a new rose as described in Clause 7.3, or where the Online Features are discontinued in accordance with Section 12.

We may change in-game prices and rewards in order to keep the Game balanced and may offer temporary reduced prices. The price shown in the shop at the time of purchase applies. Such changes do not reduce the balances that you already hold.

If you pre-registered for the Game on Google Play while a pre-registration reward was offered, you receive 50 Dew once, free of charge, when you first start the Game with an internet connection on a device where you use the Google account with which you pre-registered. The reward is delivered through Google Play, can be received only once per Google account and once per Account, and may be removed if it was obtained through fraud or by using another person’s receipt.

Each rose in the Game lives for a set number of in-game years. This number is shown when you choose a rose, together with an estimate of how long it takes in real time at the current pace of the Game. The estimate may change if the pace of the Game changes. Before a rose reaches the end of its life, the Game tells you how much time is left. When the life of a rose ends, the Game for that rose is complete: you may keep viewing its garden, or you may plant a new rose free of charge, in which case Clause 7.3 applies.

Purchases for money are one-time packs of Dew bought through Google Play. The Game offers no subscriptions. Payment is processed by Google under the Google Play Terms of Service, and the price, taxes and currency are shown before you confirm the purchase.

A purchase is delivered after Google confirms the payment and our server verifies the receipt. If a purchase has not been delivered within 24 hours, you may contact us at support@explovis.com, stating the order number, and we shall deliver the purchase or arrange a refund.

Refunds are requested through Google Play in accordance with its refund policy. If Google no longer accepts a request, you may contact us and we shall review it.

If a payment for Dew is refunded or reversed (for example, at your request on Google Play, by us, or by your bank or card issuer), the Dew received for it is removed from your Account. If you have already used that Dew, the amount used is recorded as owed and is deducted from Dew you receive later, including Dew you buy, until it is settled. Before you buy Dew, the shop shows how much is owed. If you believe that a removal or deduction is a mistake, you may contact us at support@explovis.com and we shall review it.

A Consumer in the European Union generally has the right to withdraw from a distance contract within 14 days.

Dew is digital content supplied immediately after payment. In accordance with Article 16(m) of Directive 2011/83/EU on consumer rights, as implemented in the law of your country of residence, the right of withdrawal does not apply once the supply has begun with your prior express consent and your acknowledgement that you thereby lose the right of withdrawal. You give this consent and acknowledgement when making the purchase on Google Play.

If Dew or other paid content is not supplied or does not conform to the contract, you are entitled to the remedies provided by consumer protection law, including having the content brought into conformity, a proportionate reduction of the price or termination of the contract with a refund.

You may share your friend code (your player number). When a player who entered your code keeps their rose growing for the number of in-game days indicated in the Game, you receive the Dew reward indicated in the Game, up to the maximum number of rewards indicated in the Game. The reward is granted no earlier than 24 hours after the code was entered and only if the invited player has actually cared for their rose.

The programme is intended for genuine friends. Rewards for fictitious or multiple accounts, for codes bought or sold or for other abuse may be refused or removed.

We may change or end the programme with effect for the future. Rewards already received remain with you.

We may update, change or remove features, events and content of the Game in order to improve it, correct errors or comply with the law. Installing an update may be necessary to continue using the Game. Updates are free of charge.

If we decide to discontinue the Online Features, we shall announce this in the Game or on the Google Play page of the Game at least 60 days in advance, stop selling Dew on the date of the announcement and handle unused paid Virtual Currency in accordance with consumer protection law.

You may stop using the Game at any time and delete your data as described in the Privacy Policy.

We may suspend or restrict the Online Features for an Account in the event of a serious or repeated breach of these Terms, cheating, fraud or conduct harmful to other players. Any such measure shall be proportionate, and we shall give a warning first where possible. If you consider that a measure was taken in error, you may contact us and we shall review it.

The Game, including its software, graphics, music, sounds, names and logos, belongs to the Company or its licensors and is protected by copyright and other intellectual property laws.

You may share screenshots, pictures taken in the photo mode and short videos of the Game for personal, non-commercial purposes, including on social networks.

If you send us ideas or feedback, we may use them to improve the Game without any obligation to pay remuneration.

The Game contains flashing and flickering light effects, such as lightning and fireflies, which may trigger seizures in persons with photosensitive epilepsy. A person who has had seizures should consult a doctor before playing. Stop playing immediately if you feel dizzy or unwell, and take regular breaks.

We develop and maintain the Game with due care but do not warrant that it will be available at all times, free of errors or compatible with every device.

Nothing in these Terms excludes or limits our liability for damage caused intentionally or through gross negligence, for death or personal injury, or any other liability that cannot be excluded or limited by law.

Subject to Clause 16.2 and to the extent permitted by law, we are not liable for indirect damage or for losses that you could reasonably have avoided.

We may amend these Terms when the Game or the applicable law changes. We shall announce material amendments in the Game or on the Google Play page of the Game at least 30 days before they take effect.

If you continue to use the Game after the amendments take effect, the amended Terms apply. If you do not agree with them, you may stop using the Game and delete your data.

These Terms are governed by the law of the Republic of Latvia. If you are a Consumer habitually resident in another country, you also retain the protection of the mandatory provisions of the law of that country.

We recommend that you contact us first, as most matters can be resolved by email.

A Consumer resident in Latvia may apply to the Consumer Rights Protection Centre (Patērētāju tiesību aizsardzības centrs), which also deals with the out-of-court resolution of consumer disputes. A Consumer resident in another Member State of the European Union may obtain free advice from the European Consumer Centre in their country.

Disputes shall be settled by the courts of the Republic of Latvia. A Consumer habitually resident in another Member State of the European Union may also bring proceedings in the courts of that Member State, and we may bring proceedings against such a Consumer only in those courts.

If any provision of these Terms is held to be invalid, the remaining provisions remain in force.

We may transfer our rights and obligations under these Terms, together with the Game, to another company, including in the course of a sale, merger or reorganisation of the Company, provided that your rights are not reduced. You may not transfer your rights under these Terms.

A failure or delay in exercising a right does not constitute a waiver of that right.

These Terms constitute the entire agreement between you and the Company concerning the Game.