Terms & Conditions
Effective date: 28/05/2025
Operator: SimWorks Studios Ltd (“SWS”), Georgiou Ttooulou 23 Shop 2, 7550 Kiti, Larnaca, Cyprus. Registered with the Cyprus Registrar of Companies under number HE 349567.
1. Acceptance of the Terms
By accessing or using the website simworksstudios.com (the “Site”) and purchasing or downloading any digital product offered on the Site (collectively, the “Services”), you (“User” or “you”) agree to be bound by these Terms of Use (“Terms”) and our Privacy Policy. If you do not accept these Terms in full, you must not use the Site or the Services.
2. User Accounts, Personal Data & Privacy
2.1 To access certain areas or features of the Site, you may be required to create an account and provide personal information.
2.2 All personal data collected is processed in accordance with the SWS Privacy Policy, which forms an integral part of these Terms. By creating an account or otherwise providing personal data, you acknowledge that your data will be processed for purposes of account management, order fulfilment, payment settlement and, where you expressly opt‑in, marketing communications.
3. Digital Products – Quality & Warranty Disclaimer
3.1. Pre‑Release Testing. SWS has tested the digital products available on the Site and has verified that they are functional at the time of delivery.
3.2. No Further Warranty. Except as expressly stated in these Terms, the digital products are provided “as‑is” and “as‑available”, without any warranty of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or non‑infringement.
3.3. Limitation of Liability. To the maximum extent permitted by applicable law, SWS shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, arising out of or related to the use of, inability to use, or the performance of the digital products, even if SWS has been advised of the possibility of such damages.
4. Refund & Right of Withdrawal
4.1. Digital Content Exception (EU Consumers). Under Article 16(m) of Directive 2011/83/EU and Article 3 of Directive (EU) 2019/770, once digital content is supplied on a non‑tangible medium and performance has begun with the consumer’s prior express consent, the 14‑day right of withdrawal no longer applies.
4.2. Waiver of Refund. By clicking “Download”, “Purchase” or a similar confirmation button and accessing the digital product, you expressly:
- (a) consent to SWS immediately supplying the digital product; and
- (b) acknowledge that you therefore lose your statutory right of withdrawal.
4.3 Discretionary Refunds. Any refund after download is at the sole discretion of SWS. Granting such a refund does not constitute a waiver of this clause for future transactions.
5. Gift Cards & Donations
5.1. Non‑refundable. Gift cards purchased on the Site and voluntary donations made to SWS are final and non‑refundable.
5.2. No cash value. Gift cards and donations have no monetary value outside the Site and may not be redeemed for cash unless required by law.
5.3. Validity period. Gift‑card balances remain valid for 24 months from the date of purchase, unless a longer period is mandated by applicable law. Unused balances expire automatically after the validity period.
5.4. Use of gift cards. Gift cards may be applied only toward the purchase of SWS digital products. Transfer to another account is permitted solely with SWS’ prior written consent.
6. Wallet Balance
6.1 Nature of the Wallet. Your SWS account may include a stored balance feature (the “Wallet”) that allows you to preload funds and use them for future purchases on the Site. The Wallet is not a bank account, e‑money account or payment instrument and does not accrue interest.
6.2 Loading Funds. You may add funds to your Wallet using any payment method accepted by SWS. Wallet top‑ups may be subject to minimum and maximum thresholds that SWS may modify from time to time.
6.3 Non‑Refundable & No Cash Value. Funds added to the Wallet are non‑refundable and non‑transferable. They have no cash value, cannot be exchanged for cash or withdrawn to any payment method, and may be used only to purchase SWS digital products and services.
6.4 Validity. Wallet funds remain valid for 24 months from the date they are added, after which any unused balance may be cancelled unless a longer validity is required by law.
6.5 Fraud & Chargebacks. If a Wallet top‑up is reversed or charged back by the payment processor, SWS may deduct the corresponding amount from your Wallet or, if the balance is insufficient, suspend your account until the negative balance is remedied.
6.6 Regulatory Compliance. SWS may impose limits or perform additional identity checks to comply with anti‑money‑laundering regulations or other legal requirements.
7. Intellectual Property
All software, designs, documentation and other materials forming part of the digital products or the Site are the exclusive property of SWS or its licensors and are protected by international copyright and other intellectual‑property laws. No licence is granted to you other than the limited, non‑transferable right to download and use the digital product for your personal, non‑commercial use in accordance with any end‑user licence agreement (“EULA”) that accompanies the product.
8. Prohibited Uses
8.1 You shall not reverse‑engineer, decompile, disassemble or otherwise attempt to derive the source code of any digital product.
8.2 You shall not share, distribute, resell, rent, lease or lend the digital products to any third party, except as expressly permitted by the applicable EULA.
8.3 You shall not use the Site or Services for any unlawful purpose or in violation of any applicable law or regulation.
8.4 Unauthorised Distribution (Piracy). Where SWS has reasonable grounds to believe that you have copied, uploaded, seeded, shared or otherwise distributed any SWS digital product without SWS’ prior written consent, SWS may, without prejudice to any other rights, (i) withhold further technical support and updates for the affected product(s); (ii) disable or revoke your access to the product(s); and/or (iii) suspend or terminate your SWS account. These measures are in addition to any civil or criminal remedies that SWS may pursue.
9. Limitation of Liability & Indemnity
9.1. Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded under applicable law.
9.2. Subject to the foregoing, the aggregate liability of SWS arising out of or in connection with these Terms shall not exceed the total price paid by you for the digital product giving rise to the claim.
9.3. You agree to indemnify and hold harmless SWS, its directors, employees and agents from any claim or demand (including reasonable attorneys’ fees) made by any third party arising out of your breach of these Terms or your misuse of the digital products.
10. Payments & Payment Processors
10.1 Third‑party processing. All payments are routed through Revolut Ltd., Stripe Payments Europe Ltd. (Shopify Payments) or PayPal (Europe) S.à r.l. et Cie, S.C.A. (each a “Processor”). By completing a purchase you agree to be bound by the chosen Processor’s terms of service and privacy policy.
10.2 Security of payment data. Payment credentials are provided directly to the Processor via secure, PCI‑DSS‑compliant infrastructure. SWS never receives or stores full payment‑card numbers.
10.3 Disputes & chargebacks. While SWS operates a strict no‑refund policy under Paragraph 4, you may have the statutory right to initiate a chargeback or dispute through your card issuer or the relevant Processor. SWS reserves the right to contest such claims and to provide evidence that the digital content was supplied in accordance with these Terms. The final outcome of any chargeback is determined by the Processor and/or your issuing bank and may result in a refund that overrides the no‑refund policy. Any refund issued in this manner shall be deemed a final settlement of the transaction.
11. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus and, where applicable, EU law. Any dispute arising out of these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts of Cyprus, without prejudice to mandatory consumer‑protection provisions that may apply in your country of residence.
12. Giveaway & Promotions
12.1 From time to time SWS may run giveaways, contests or similar promotions (“Giveaways”). Participation is free; no purchase is required unless expressly stated in the announcement.
12.2 Eligibility. Entrants must be at least 16 years old (or such higher age as required by their local law) and legally permitted to participate.
12.3 Winner selection & notification. Winners are chosen randomly or as otherwise described in the Giveaway announcement and will be notified via the contact method provided. If a winner does not respond within 72 hours, SWS may select an alternate winner.
12.4 Prizes. Prizes have no cash alternative and are non‑transferable unless explicitly stated otherwise.
12.5 Personal data. Data submitted for a Giveaway is processed in accordance with the SWS Privacy Policy and deleted once the Giveaway is fulfilled, unless you opt‑in to further communications.
12.6 Additional terms published with a Giveaway apply in addition to these Terms; in the event of conflict, the specific Giveaway terms prevail.
13. Modification of Terms
SWS reserves the right to amend these Terms at any time. Material changes will be notified on the Site or via email where practicable. Continued use of the Site or Services after such changes constitutes acceptance of the revised Terms.
14. Company & Contact Information
SimWorks Studios Ltd
Georgiou Ttooulou 23 Shop 2
7550 Kiti, Larnaca
Cyprus
Registered with the Cyprus Registrar of Companies: HE 349567
Email: info [at] simworksstudios.com
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
You can download a copy of the Terms of Use here.
