Disclaimer

1. A private project, not a business

I, Mario Maier (“Dad Mario”, see legal notice), run the game and the website as a private individual in my spare time. I built the game for my own children and make it available to all other families for free – with no ads, no purchases, no account and no income of any kind. There is no business model and no commercial intent.

Using the game therefore creates no contract for a service, and no claim that the game will continue to be offered in a particular form, with particular features, or at all. I may change, restrict, pause or discontinue the game at any time.

2. Use at your own risk

Use of the game, the website and all related content (e.g. coloring pages, wallpapers, videos, level codes, family code) is entirely at your own risk and responsibility. Every user decides for themselves whether and how to use the game on their own device.

3. No warranty

The game is provided “as is” and “as available”. I develop and test it to the best of my knowledge and ability and try to fix reported errors. Nevertheless I give no warranty that

• the game works without errors, interruptions or security issues,
• it runs on a particular device, browser or operating system, or keeps running after browser or device updates,
• saved progress, profiles, self-built levels or cloud data (family code) are preserved, complete or recoverable,
• the website or the cloud sync are reachable at all times,
• content, descriptions, age recommendations or instructions are complete, correct and up to date,
• the game is suitable for a particular purpose – such as educational goals.

Errors can occur at any time. There is no entitlement to bug fixes, support, updates or further development. I welcome feedback but cannot promise to act on it.

4. Limitation of liability

To the extent permitted by law, I exclude all liability for damage arising from the use of, or the inability to use, the game, the website or the related content. This applies in particular to

• the loss or corruption of saved progress, profiles, level codes or cloud data,
• loss of data or programs and other impairment of the device used,
• consequences of software errors, crashes, outages or security vulnerabilities,
• costs such as mobile data, battery or device wear,
• indirect or consequential damage, lost time or lost benefit,
• damage caused by third-party content, in particular level codes, family codes or save codes that come from other people.

I am not liable for slight negligence. This does not affect liability for intent and gross negligence, for injury to life, body or health, or any liability that cannot be excluded under mandatory law (such as product liability law). In those cases I am liable only to the extent provided by law.

Because the game is provided free of charge and without any consideration, any further liability – such as that for a purchased product – is excluded.

5. Saved progress, codes and cloud

Progress is stored on the respective device. Whether and for how long a browser or operating system keeps this data is outside my control (for example, Safari deletes website data after 7 days without use). Users are responsible for backing up their own progress – for example with the save code or the family code, as described in the help for parents.

The family code is like a key: anyone who knows it can load and overwrite the progress. I accept no responsibility for a code being passed on, guessed or used by third parties, and give no warranty for the permanent availability of the cloud storage. When syncing between devices the most recently saved progress wins; being overwritten by another device is technically possible.

6. Health notice

As with any video game: take regular breaks, play in a well-lit room and keep a reasonable distance from the screen. The game contains light effects, flashes and fast movement. In some people such effects – even without any previous incident – can cause discomfort, dizziness or epileptic seizures (so-called photosensitive epilepsy). Anyone who notices symptoms, or knows of such a predisposition in the family, should seek medical advice before playing or stop playing immediately. In the options, flashes can be reduced with “✨ Soften flashes”; I cannot guarantee that this removes all such effects.

7. Children and supervision

The game is aimed at children. The age information consists of non-binding recommendations from my own experience, not an official age rating. Whether, when and for how long a child plays is decided by, and the responsibility of, the parents or legal guardians. The same applies to setting up the device, screen time, internet use and passing on codes.

The game has no chat and no contact feature. Level codes and family codes are only exchanged between people who know each other; whoever creates and passes on such codes is responsible for their content.

8. Third-party content and availability

The website and the game are hosted by a hosting provider (Vercel). Outages, maintenance or changes by the provider are outside my control. The operators of external websites that are linked to are solely responsible for their content; no legal violations were apparent at the time of linking.

9. Copyright and use of the content

All rights to “Tobias and the Nightmare” belong to Mario Maier. This covers the story, the characters (including Tobias, Lumi, Nachti, Wolli, Kräh, the Crystal Golem, Grimm and the Nightmare), the names, the worlds, the levels, the graphics, the music and sounds, the texts, the program code, as well as the coloring pages, wallpapers, videos and all other content on this website.

Permitted is private, non-commercial use: playing, downloading and printing the coloring pages and wallpapers, sharing content within families, kindergartens, schools and after-school care, and recommending the game. Press material may be used for reports about the game (see press).

Not permitted without my express written consent is any commercial use by third parties – such as selling or renting, use in advertising, on products or in other games, apps, books or films – as well as modifying, recreating or redistributing the characters, the story or the content as your own work. The game being free does not transfer any rights. I’m happy to answer requests at info@tobias-game.com.

10. Applicable law, severability

Austrian law applies. Mandatory consumer rights, in particular under the law of the state in which the consumer habitually resides, remain unaffected. Should any provision of this disclaimer be or become invalid, the validity of the remaining provisions is not affected.

This disclaimer supplements the legal notice and the privacy policy. I’m happy to answer questions at info@tobias-game.com.