Terms of Service (Android)
For the Android / Google Play version of Tooki Crossing
Which version of Tooki Crossing does this cover?
These Terms govern the Android version of Tooki Crossing distributed through Google Play. If you installed Tooki Crossing from the Apple App Store (iOS or iPadOS), please see the Apple Licensed Application End User License Agreement instead, which applies to all apps downloaded from the Apple App Store that do not ship their own custom EULA.
In all cases, our Privacy Policy also applies. Tooki Crossing is fully offline and collects no personal data.
1. Acceptance of These Terms
These Terms of Service (the “Terms”) form a binding legal agreement between you (“you” or “your”) and Newron Robotics, LLC, a Delaware limited liability company (“Newron Robotics,” “we,” “us,” or “our”), the publisher of the Tooki Crossing mobile game (the “Game”, “App”, or “Tooki Crossing”).
By downloading, installing, launching, or using Tooki Crossing on an Android device, you agree to be bound by these Terms, our Privacy Policy, and any additional policies incorporated by reference. If you do not agree, you must not install or use the Game and must uninstall it.
Section 16 contains a binding individual-arbitration agreement and a waiver of class, mass, collective, and representative actions, as well as a jury-trial waiver. Read it carefully; it materially affects your legal rights. Section 16 also describes your 30-day right to opt out of arbitration.
2. Changes to These Terms
We may update these Terms from time to time. When we do, we will update the “Last Updated” date above and, for material changes, we will provide more prominent notice (such as an in-app message or a release-notes callout) before the changes take effect. Your continued use of the Game after the effective date of any update constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Game.
3. Eligibility; Use by Children
Tooki Crossing is rated for everyone (Google Play content rating: Everyone). The Game contains no violence, no scary content, no chat, no user-generated content, no ads, and no in-app purchases. Because of this and because the Game collects no personal data, the Game is suitable for children.
However, these Terms create a binding contract. You represent and warrant that:
- You are old enough under the laws of your country to enter into a binding contract; and
- If you are a minor, a parent or legal guardian has reviewed and accepted these Terms on your behalf and is responsible for your use of the Game.
You also represent that you are not located in, and are not a national or resident of, any country subject to comprehensive U.S. embargoes or sanctions, and that you are not listed on any U.S. government restricted-party list.
4. Relationship to Google Play Terms
Tooki Crossing is distributed on Android through Google Play, operated by Google LLC (“Google”). Your use of Google Play, including downloading and installing the Game, is also governed by Google’s own terms, including the Google Play Terms of Service and Google Privacy Policy. These Terms apply only as between you and Newron Robotics and do not modify your agreement with Google. If there is a direct conflict between these Terms and mandatory Google Play policies applicable to users, those mandatory policies control to the extent of the conflict.
5. License to Use the Game
Subject to your compliance with these Terms, Newron Robotics grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use Tooki Crossing on Android devices that you own or control, solely for your personal, non-commercial entertainment and only as permitted by Google Play, these Terms, and applicable law. All rights not expressly granted are reserved by Newron Robotics and its licensors.
5(a). License Restrictions
You agree not to, and not to permit or enable any third party to:
- Copy, modify, translate, adapt, or create derivative works based on the Game or any part of it (including its 3D models, music, sound effects, gameplay code, or art assets), except as permitted by mandatory applicable law;
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, asset-generation code, or internal structure of the Game, except to the minimum extent expressly permitted by mandatory applicable law and only after first requesting the information from us in writing;
- Rent, lease, lend, sell, sublicense, distribute, publish, or transfer the Game, your save data, or any virtual items (such as in-game coins, lifelines, characters, or worlds);
- Sell, trade, or attempt to monetize any in-game progress, save state, virtual coins, or unlocks for real money or for any other consideration;
- Remove, obscure, or alter any proprietary notices (including copyright and trademark notices) in the Game;
- Use the Game to build, train, fine-tune, evaluate, or benchmark any AI or machine-learning model, dataset, or competing product;
- Use cheats, hacks, mods, scripts, automation tools, bots, memory editors, save-file editors, or other unauthorized software to gain an advantage in the Game or to falsify scores;
- Bypass, disable, or interfere with any security, anti-tamper, or other technological protection measure in the Game;
- Use the Game on a device or in a manner not authorized by Google Play, including sideloaded or repackaged copies obtained outside Google Play, or versions tampered with after installation;
- Use the Game in any manner that infringes any intellectual property, privacy, publicity, or other right of any third party; or
- Use the Game in violation of any applicable export control, sanctions, privacy, consumer protection, anti-spam, or intellectual property law.
6. Game Content and Updates
We may, at our sole discretion and at any time, update, modify, add, remove, rebalance, tune, or discontinue any part of the Game, including characters, worlds, hazards, scoring, difficulty curves, lifelines, and visual or audio content. Updates may be required for continued compatibility with newer versions of Android or Google Play. We have no obligation to provide updates, support, or maintenance, and we may discontinue the Game at any time without liability to you.
7. Virtual Items; In-Game Currency
Tooki Crossing includes virtual items earned through gameplay (such as in-game coins, lifelines, character unlocks, and world unlocks). Tooki Crossing has no in-app purchases and no real-money transactions; all virtual items are earned through play and have no monetary value. You acknowledge that:
- Virtual items are licensed to you, not sold; you have no ownership or other property interest in them.
- Virtual items have no cash value and cannot be exchanged for cash, refunded, or transferred outside the Game.
- Virtual items may be lost, reset, expired, or removed at any time, including (without limitation) when you uninstall the Game, switch devices, factory-reset your device, or if we discontinue the Game or any feature within it.
- We have no obligation to compensate you for the loss of any virtual item.
8. Intellectual Property
The Game and all associated software, gameplay code, 3D models, characters (including the names and visual designs of Tooki, Mochi, Smokey, Inky, and Zippy), worlds, music, sound effects, particle and shader effects, user interfaces, designs, graphics, text, documentation, brand elements, and the “Tooki Crossing” and “Newron Robotics” marks (collectively, the “Newron IP”) are the property of Newron Robotics or its licensors and are protected by U.S. and international copyright, trademark, trade secret, and other intellectual property laws. Except for the limited license expressly granted in Section 5, no rights to the Newron IP are granted to you, whether by implication, estoppel, or otherwise.
You may not use the Newron IP for any commercial, advertising, or endorsement purpose without our prior written consent. Personal, non-commercial gameplay screenshots and short non-monetized video clips for personal social-media use are permitted.
9. Feedback
If you send us suggestions, feature requests, bug reports, or other feedback about the Game (“Feedback”), you hereby grant Newron Robotics a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, incorporate, distribute, and otherwise exploit the Feedback for any purpose, commercial or otherwise, without attribution or compensation to you. You represent that you have the right to provide the Feedback and that it does not infringe or misappropriate any third-party right.
10. Third-Party Platforms
The Game is distributed by Google Play and runs on the Android operating system, both operated by Google. Google operates under its own terms and privacy policies. Tooki Crossing itself uses no third-party advertising, analytics, crash-reporting, or networking SDKs — the Game is fully offline.
11. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Game and all related services are provided “as is” and “as available,” with all faults and without warranty of any kind, whether express, implied, statutory, or otherwise. Newron Robotics and its suppliers and licensors expressly disclaim all warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and any warranty arising out of course of dealing, course of performance, or usage of trade.
Without limiting the foregoing, we do not warrant that the Game will be uninterrupted, error-free, secure, free of harmful components, compatible with any specific Android device or operating-system version, or that defects will be corrected; or that any save data, progress, or virtual items will persist across updates, devices, or reinstalls.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of statutory consumer rights, so some of the above exclusions may not apply to you. In those jurisdictions, our warranties are limited to the minimum extent required by law.
12. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Newron Robotics or its officers, directors, employees, affiliates, agents, licensors, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; for loss of profits, revenue, data, save progress, virtual items, use, goodwill, or other intangible losses; or for damages arising from any acquisition of substitute goods or services — however caused and regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if Newron Robotics has been advised of the possibility of such damages.
Because Tooki Crossing is provided free of charge, in no event will Newron Robotics’s aggregate liability arising out of or relating to these Terms or your use of the Game exceed twenty-five U.S. dollars (USD 25).
The limitations in this Section 12 apply to the fullest extent permitted by applicable law but do not limit liability that cannot be excluded or limited under applicable law (for example, liability for gross negligence, fraud, willful misconduct, death or personal injury caused by negligence, or non-waivable statutory consumer rights). If the foregoing limitation is held to be unenforceable, the liability of Newron Robotics will be limited to the minimum amount permitted by applicable law.
13. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Newron Robotics and its officers, directors, employees, affiliates, agents, licensors, and suppliers from and against any and all third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Game; (b) your violation of these Terms or any applicable law; or (c) your violation of any third-party right, including the rights of Google. We may, at our option, assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense.
14. Suspension and Termination
We may suspend, limit, or terminate your access to the Game (or any feature within it), with or without notice, if we reasonably believe that you have violated these Terms or any applicable law, or that continued access would be unlawful. You may stop using the Game at any time by uninstalling it. Sections that by their nature should survive termination — including Sections 5(a), 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, and 19 — will survive termination of these Terms.
15. Governing Law; Venue
These Terms and any dispute arising out of or related to them or the Game will be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, and by applicable U.S. federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 16 (arbitration), any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you consent to the personal jurisdiction of those courts. Nothing in this Section overrides any mandatory consumer-protection law that gives you the right to bring proceedings in the courts of your country of residence.
16. Binding Arbitration; Class Action Waiver; Jury Trial Waiver
Please read this Section carefully. It requires that most disputes between you and Newron Robotics be resolved by binding individual arbitration and waives your right to a jury trial and to participate in class, mass, collective, or representative actions.
16(a). Informal Resolution First
Before filing a claim, you agree to attempt to resolve the dispute informally by sending a written notice of dispute to support@newronrobotics.com describing (a) your name and contact information; (b) a description of the dispute; and (c) the relief sought. You and Newron Robotics will then attempt in good faith to resolve the dispute for at least 60 days before either party may commence arbitration.
16(b). Agreement to Arbitrate
You and Newron Robotics agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Game, or our relationship (a “Dispute”) will be resolved by binding individual arbitration, except as provided in Section 16(f). The Federal Arbitration Act governs the interpretation and enforcement of this Section.
Arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current Consumer Arbitration Rules (available at adr.org/consumer). The arbitration will be conducted by a single arbitrator selected under the AAA rules. The seat of arbitration will be Wilmington, Delaware, although you may choose to participate by telephone, by video conference, or through written submissions. Judgment on the arbitrator’s award may be entered by any court of competent jurisdiction.
16(c). Class Action and Representative Action Waiver
You and Newron Robotics each agree that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, mass, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative, collective, or class proceeding. If this class-action waiver is found unenforceable, then the entirety of this Section 16 (except the severability sentence in 16(g)) is null and void as to that Dispute.
16(d). Jury Trial Waiver
You and Newron Robotics waive any constitutional and statutory rights to a trial in front of a judge or jury for any Dispute that is resolved through arbitration or, if any exception applies, in court.
16(e). 30-Day Right to Opt Out of Arbitration
You may opt out of the arbitration agreement in this Section 16 by sending a written notice to support@newronrobotics.com with the subject line “Tooki Crossing Arbitration Opt-Out” within 30 days of the date you first accepted these Terms. Your notice must include your full legal name, the approximate date you installed the Game, and a clear statement that you wish to opt out of arbitration. If you opt out, Section 15 (Governing Law; Venue) will govern any Dispute, but the rest of these Terms will still apply.
16(f). Exceptions
Notwithstanding the agreement to arbitrate, either party may (a) bring an individual action in small-claims court for Disputes that qualify under the court’s jurisdictional limits, and (b) seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or prevent actual or threatened misuse of the Game.
16(g). Severability and Survival
If any portion of this Section 16 (other than the class-action waiver) is found unenforceable, that portion will be severed and the remainder will continue in effect. This Section 16 survives termination of these Terms.
16(h). Jurisdiction-Specific Notice
If you reside in a jurisdiction (including, for example, the European Economic Area, the United Kingdom, or certain other countries) where pre-dispute consumer arbitration agreements or class-action waivers are unenforceable, this Section 16 does not apply to you to the extent it is unenforceable under the law of that jurisdiction, and any such Dispute will be resolved under Section 15 or the courts of your country of residence, as applicable.
17. Export Controls and Sanctions
You agree not to use or export the Game in violation of U.S. or other applicable export-control or sanctions laws.
18. Copyright (DMCA) Notice
If you believe that material in the Game infringes a copyright you own or control, please send a written notice that includes the information required by the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), to support@newronrobotics.com. You acknowledge that knowingly submitting a materially false notice may result in liability under U.S. law.
19. Miscellaneous
19(a). Entire Agreement
These Terms, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and Newron Robotics regarding the Android version of the Game and supersede all prior agreements and understandings on that subject.
19(b). No Waiver
Our failure to enforce any provision of these Terms is not a waiver of that provision or of any other provision. No waiver is effective unless in writing signed by an authorized representative of Newron Robotics.
19(c). Severability
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, severed, and the remaining provisions will continue in full force and effect.
19(d). Assignment
You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent, and any attempted assignment without consent is void. We may assign these Terms, in whole or in part, without restriction, including to any successor in interest by merger, acquisition, or sale of assets.
19(e). Force Majeure
Newron Robotics will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor conditions, governmental action, pandemic, internet or power outages, or failures of third-party platforms.
19(f). Notices
We may provide notices to you by posting them in the Game, on the Tooki Crossing website, or by other reasonable means. You must provide notices to us in writing by email to support@newronrobotics.com.
19(g). Relationship of the Parties
Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Newron Robotics.
19(h). Language
These Terms are written in English. Any translation is provided for convenience only. In the event of a conflict between the English version and any translation, the English version controls to the extent permitted by applicable law.
20. Contact Us
If you have questions about these Terms, please contact us: