Terms & Conditions

Effective Date:
We are Cozy Captain Limited. These Terms of Service (“Terms”) set forth the rights and obligations of both you and us under a legally binding contract. Please read these Terms carefully.

1. Terms and Binding Effect

By clicking a button indicating acceptance of these Terms or by using any of our websites, apps, mobile games, or online services that reference these Terms (collectively, the "Services"), you agree to be bound by them. Any reference to "Services" in these Terms includes all aspects of the Services. We reserve the right to update these Terms and will notify you of changes by publishing the updated Terms at https://www.cozycaptain.co.uk/terms. Continued use of the Services after changes are published signifies your acceptance of the updated Terms, unless applicable laws require explicit agreement in a different manner. These Terms represent the entire agreement between us concerning the Services and replace any prior agreements, representations, or understandings. Violations of these Terms may result in actions, including suspension or termination of your access. The term "include" and its variations in these Terms are to be interpreted as examples, not exhaustive lists.

2. Privacy

Our Privacy Policy outlines how your information is collected, used, and safeguarded when you use the Services. By using the Services, you consent to the processing of your personal data as described in the Privacy Policy, except where laws require different forms of consent.

3. Age Restrictions
Children under 13 are prohibited from using the Services. Users aged 13 to 17 ("teenaged minors") must obtain parental or legal guardian consent before using the Services. Parents or guardians who allow their teenaged minors to use the Services agree to:
(a) Supervise the minor's usage;
(b) Take steps to prevent any negative impacts, such as setting time limits;
(c) Ensure compliance with these Terms; and
(d) Accept legal responsibility for the minor's actions or omissions while using the Services.

4. YOUR OBLIGATIONS

You agree not to:

• Use our Services in jurisdictions where applicable laws prohibit their use;

• Continue using our Services after we instruct you to stop;

• Sell, rent, or transfer your user ID, profile, or any account tied to your activity on our Services (collectively, “Account”), including any game progress linked to the Account;

• Utilize your Account for any commercial purpose;

• Create an Account using false information, a false identity, or on behalf of someone else;

• Engage in actions that conflict with the intended purpose or spirit of our Services, as determined solely by us;

• Misuse or abuse our support services;

• Use our Services in violation of:

(i) Any applicable laws, regulations, or government orders;

(ii) Any agreements, rules, or policies set by us, including our Community Guidelines; or

(iii) Any third party’s intellectual property, privacy, or proprietary rights;

• Harass or threaten other users;

• Use language within our Services that is harmful, threatening, abusive, defamatory, obscene, pornographic, hateful, racially or ethnically offensive;

• Conduct unlawful communications, such as chats or messages, while using our Services;

• Cheat, hack, tamper with, interfere with, damage, overload, disable, or otherwise disrupt our Services, servers, or systems, including through submitting viruses, malware, or using methods like “flooding,” “spamming,” “mail bombing,” or “crashing” the Services;

• Probe, scan, or test the vulnerability of our Services or any linked systems or networks, or breach, bypass, or alter security measures without authorization;

• Attempt to modify, reverse-engineer, decompile, or disassemble any part of our Services, including reducing the source code to a human-readable format;

• Host, intercept, emulate, or redirect communications protocols used in our Services or provide matchmaking services for the same;

• Create, distribute, or use cheats, exploits, “mods,” hacks, bots, unauthorized software, or third-party programs designed to alter or interfere with our Services or user experiences;

• Share or make available any advertisements, promotions, or solicitations through our Services;

• Transmit or upload any content containing viruses, worms, malware, or harmful code through our Services;

• Disrupt the normal functioning or dialogue within our applications, negatively impacting others’ ability to use our Services;

• Collect, store, or process personal data of other users for commercial purposes, harassment, stalking, or actions that infringe privacy or human rights;

• Use payment cards on our Services without proper authorization;

• Remove, alter, or obscure any copyright, trademark, service mark, or proprietary notices within or associated with our Services;

• Use our or our licensors’ trademarks, service marks, or trade names, including misspellings or variations, without authorization;

• Attempt to carry out any of the prohibited actions listed above; or

• Encourage others to engage in any of these activities.

5. VIRTUAL ITEMS

We may provide or allow limited access to various "Virtual Items" in our Services, including:

(i) virtual in-game coins, currencies, or funds, as well as cosmetic items, all intended for use in our games;

(ii) virtual in-game objects; and

(iii) other Services designed solely for your personal, non-commercial enjoyment.

No payment is required to access Virtual Items in order to use our Services. These Virtual Items are offered only to enhance your experience and entertainment within our Services. You are expected to rely on your own skills and abilities rather than chance or luck when engaging with our Services.

Virtual Items do not hold or represent any monetary or real-world value. We retain the absolute right to manage, regulate, modify, control, or remove Virtual Items at any time, for any reason, and without prior notice. We are not liable to you or any third party if we choose to exercise these rights. Regardless of any payment made for access to Virtual Items, you hold no claim, ownership, title, or proprietary interest in any Virtual Items. While we allow access to Virtual Items, this access is conditional, limited, personal, non-transferable, and revocable at our sole discretion.

Virtual Items may only be used in the ways we explicitly permit within our Services. Unless authorized by us:

(i) you may not transfer access to Virtual Items to others; and

(ii) you may not exchange access to Virtual Items for “real world” currency or anything of value.

Attempts to engage in any of the above actions violate these Terms and may result in the suspension or termination of your access to our Services. If your access to our Services is suspended or terminated for any reason, or if our Services are discontinued, all access to Virtual Items may be forfeited.

You agree not to bring any claim against us, our affiliates, or any of their respective directors, officers, employees, agents, service providers, or licensors (collectively, "Cozy Captain Parties") in connection with:

(i) claims of ownership or property rights in Virtual Items, or that Virtual Items hold monetary or real-world value; or

(ii) claims regarding the loss of Virtual Items due to suspension, deletion, modification, termination, or expiration of these Terms.

6. INTELLECTUAL PROPERTY

All rights, titles, and interests in and to our Services—including games, applications, titles, computer code, themes, objects, characters, names, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, moral rights, documentation, in-game chat transcripts, Virtual Items, videos, audio, photos, advertising, images, text, designs, user profiles, gameplay mechanics, features, visual interfaces, branding (such as trade names, trademarks, service marks, or logos), server software, metadata, and other materials, along with the compilations, selections, and arrangements of these materials—are owned by or licensed to us. These are subject to copyright and other intellectual property laws and international treaties.

As such, no individual or entity other than us, or those we have authorized, may sell our Services. YOU AGREE THAT YOU HAVE NO OWNERSHIP OR PROPERTY RIGHTS IN OUR SERVICES, INCLUDING VIRTUAL ITEMS

7. FEES, REFUNDS, AND RETURN POLICY

To the maximum extent allowed by applicable law, payments made through our Services (including, but not limited to, those for limited access to Virtual Items) are non-refundable, either in full or in part, except at our sole discretion. You are fully responsible for all charges made via your Account or app marketplace account used to access our Services, including any unauthorized charges made by a third party through such an account.

IN ADDITION, YOU AGREE THAT, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, YOU WILL NOT BE ENTITLED TO A REFUND, MONETARY COMPENSATION, OR OTHER REIMBURSEMENT FOR PAYMENTS MADE FOR LIMITED ACCESS TO UNUSED VIRTUAL ITEMS IN THE EVENT THAT OUR SERVICES ARE TERMINATED FOR ANY REASON WITHOUT NOTICE, OR IF YOUR ACCESS TO OUR SERVICES IS SUSPENDED OR TERMINATED.

We reserve the right to modify the availability, specifications, content, descriptions, features, or other terms of our Services, including any offers involving Virtual Items available for payment. The inclusion of Services at any given time does not guarantee their availability in the future. Any such changes will take effect immediately upon being posted within our Services.

8. USER CONTENT

When using our Services, you agree to comply with applicable laws and respect the intellectual property rights of others. You will not upload, download, display, perform, transmit, or otherwise distribute any content or information (“User Content”) in violation of third-party copyrights, trademarks, or other intellectual property or proprietary rights. It is your responsibility to follow copyright laws and intellectual property regulations, and you are solely liable for any violations of these laws or infringement of third-party rights caused by User Content you provide or share through your Account on our Services.

The responsibility to demonstrate that your User Content complies with relevant laws and does not infringe upon third-party rights rests entirely with you. Furthermore, if you become aware of or suspect any infringement of copyrights or trademarks (ours or any third party’s) occurring on our Services, you agree to report such instances to us immediately. We reserve the right to remove or delete any User Content at our sole discretion and without notice.

By submitting User Content through our Services, you grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, adapt, modify, reproduce, create derivative works from, publish, transmit, and distribute your User Content. You also authorize other users of our Services and third parties to view, access, use, download, adapt, modify, reproduce, create derivative works from, publish, and transmit your User Content in any format and on any platform, whether currently existing or developed in the future.

You are solely responsible for your interactions with other users of our Services. To the extent permitted by applicable law, you agree not to bring any claims or disputes against us relating to User Content (yours or others’), including but not limited to claims of defamation, harassment, or false endorsement.

9. LIMITED PERMISSION TO USE OUR SERVICES

By agreeing to and maintaining compliance with these Terms and any other applicable policies, we grant you a conditional, non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use our Services solely for non-commercial entertainment purposes. We reserve the right to determine what constitutes conduct that violates the rules of use or falls outside the intent or spirit of these Terms or the Services themselves.

10. COPYRIGHT INFRINGEMENT

If you are a copyright holder or authorized agent and believe that any content within our Services infringes upon your copyrights, you may request its removal by providing notice through our contact details in Section 16 (Notice by Mail) below. Your notice should include the following information:

(a) Identification of the copyrighted work alleged to be infringed, or a representative list of such works if multiple are involved;

(b) Identification of the material claimed to be infringing or subject to infringement, along with sufficient information to help us locate it within our Services;

(c) Contact details, such as a mailing address, phone number, and email address, for us to reach you;

(d) A statement affirming your good faith belief that the use of the material complained of is not authorized by the copyright holder, their agent, or the law; and

(e) A declaration that the information provided in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright holder with exclusive rights allegedly infringed. The notification must be signed.

11. DISCLAIMERS; LIMITATIONS OF LIABILITY; AND RELATED PROVISIONS

Given the differences between the laws of the European Economic Area (“EEA”), United Kingdom, and Switzerland (collectively, “EEA+”), and those of other regions, this section includes two subsections: Subsection 11(A) for EEA+ users, and Subsection 11(B) for users outside the EEA+.

A. If you are located in the EEA+

This subsection applies only to users within the EEA+.

Provided we act with professional diligence, we are not liable for loss or damage unless:

(1) It results from our breach of these Terms; or

(2) It is reasonably foreseeable at the time these Terms were agreed to (i.e., it is apparent that such loss or damage could occur or was known to be possible when the contract was formed).

These Terms do not exclude or limit liability for death, personal injury, fraud, fraudulent misrepresentation, or any liability that cannot be excluded by law.

If we suspect a breach of these Terms, we may investigate and, depending on the severity of the breach, temporarily suspend your access to our Services. Any suspension will be reasonable and objective, in line with legal requirements and obligations. If warranted, we may decide to permanently terminate your access based on:

(1) A material or repeated breach of these Terms, determined objectively and reasonably;

(2) Objective grounds to reasonably believe you are about to seriously breach these Terms;

(3) Legal requirements mandating such action; or

(4) Objective grounds to believe the action is necessary to address a significant technical or security issue.

If you believe your access has been mistakenly suspended or terminated, you may appeal the decision by contacting us at the address provided in Section 16 (Notice by Mail). We will review your appeal and reassess our decision.

If you reside in a country within the EEA:

• You have the legal right to withdraw from these Terms within 14 days of agreeing to them. Details on how to exercise this right, the consequences of doing so, and a model withdrawal form are provided in Appendix 1 (Withdrawal Rights (EEA only)).

• Our Services may be subject to the statutory warranty of conformity as per Directive EU/770/2019, implemented in your country of residence, for the duration in which we provide you with our Services. We will regularly notify you of and supply necessary software updates, including security updates, to ensure our Services comply with these Terms and applicable laws. We strongly encourage you to install these updates immediately. Failure to do so may affect the functionality of our Services. If you notice or experience non-conformity, please report it to us at the address provided in Section 16 (Notice by Mail). We will investigate your claim and strive to restore conformity free of charge within a reasonable timeframe. If we cannot resolve the issue within a reasonable period, you may choose to terminate these Terms and cease using our Services.

B. If you are located outside the EEA+

This subsection applies only to residents outside the EEA+.

NO WARRANTIES OR CONDITIONS: OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT GUARANTEE THAT OUR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT THEY WILL OPERATE WITHOUT INTERRUPTIONS OR ERRORS. OUR SERVICES AND INFORMATION MAY CONTAIN BUGS, ERRORS, OR OTHER ISSUES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COZY CAPTAIN PARTIES SHALL NOT BE RESPONSIBLE FOR ANY ISSUES ARISING FROM YOUR USE OF OUR SERVICES.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, COZY CAPTAIN PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, LIQUIDATED, PUNITIVE, OR SIMILAR DAMAGES. THIS INCLUDES DAMAGES BEYOND ACTUAL HARM, SUCH AS LOST REVENUE, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, WHETHER SUCH LOSSES WERE FORESEEABLE OR NOT. OUR LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR LIMITED ACCESS TO VIRTUAL ITEMS ON OUR SERVICES IN THE LAST TWELVE MONTHS.

Access at Our Discretion: We may, to the fullest extent permitted by law, limit, suspend, modify, or terminate your access to our Services at any time without prior notice. This includes situations where we reasonably suspect non-compliance with these Terms or improper or illegal use of our Services. Such actions will not limit any other rights we may have under applicable laws.

Defence and Indemnification: You agree to defend Cozy Captain Parties against any third-party claims, allegations, lawsuits, investigations, or disputes ("Disputes") resulting from your use of our Services or any violation of these Terms. You also agree to indemnify and hold harmless Cozy Captain Parties against all related damages, liabilities, costs, and expenses, including reasonable legal fees. We will notify you promptly of any Dispute and provide reasonable assistance at your expense in defending it. Failure to notify you will not release you from your obligations unless it causes you significant harm.

Exception: Nothing in these Terms shall exclude or limit liability for gross negligence, willful misconduct, or any liability that cannot be excluded by law.

12. TRADEMARK

The unauthorized use of our trademarks or those of our licensors is strictly prohibited. These trademarks include, but are not limited to, "Cozy Captain" and "Packing Stars."

13. Governing Law

These Terms shall be governed by the laws of England and Wales. Any disputes arising in connection with these Terms shall be resolved exclusively in the courts of England and Wales.

14. Severability

If a court of competent jurisdiction determines that any provision of these Terms is unenforceable, the remaining provisions shall remain valid and enforceable.

15. Force Majeure

We shall not be held responsible for any delays or failures to perform caused by circumstances beyond our control, including but not limited to acts of God, war, terrorism, riots, embargoes, actions of civil or military authorities, fires, floods, accidents, strikes, shortages of transportation, fuel, pandemics, energy, labor, or materials.

16. Notice by Mail

To contact us regarding these Terms, you must send written correspondence by first-class mail (postage pre-paid) or via a courier service that guarantees delivery to the following address:

Cozy Captain Limited

International House, 1 St Katharine’s Way, London, E1W 1UN

By using our Services, you confirm that you have read these Terms and agree to abide by them.