Terms of Service

These Terms of Service govern the contractual relationship between Leiter Sales und Invest GmbH, Kefedergrundgasse 5E/4, 1210 Vienna, Austria (the “Provider”), and you as a user of the mobile game Flying Pengu (the “App”) and the related website. By installing or using the App you accept these Terms.

Flying Pengu is intended for users aged 13 years or older. If you are under the age required for digital consent in your country, you may use the App only with the consent of a parent or legal guardian.

• The App may only be used for private, non-commercial purposes.
• Cheating, bots, manipulation, reverse engineering, circumventing technical protection measures and any abusive use are prohibited.
• The Provider may update, modify, restrict or discontinue the App at any time, where reasonable for the user.

Virtual items earned or purchased in the App (e.g. coins, skins, snowballs, power-ups) have no monetary value, cannot be exchanged for legal tender, and cannot be transferred to third parties. There is no guaranteed availability of any specific virtual item.

The App offers paid digital content (“In-App Purchases”), e.g. “No Ads”, coin packs and cosmetic skins. All payments are processed exclusively by Apple App Store or Google Play, whose terms additionally apply.

Digital content is delivered immediately after purchase. By completing a purchase you expressly consent to immediate performance and acknowledge that, in line with § 18(1) Z 11 FAGG, you lose your 14-day right of withdrawal.

Refund requests must be made through the relevant store (Apple or Google) according to their refund policies.

The App is partly financed by advertising (e.g. Google AdMob, including banner, interstitial, rewarded and app-open ads). Ads are shown only to the extent permitted by your consent and applicable law (GDPR, ePrivacy, ATT on iOS). Forced ads can be disabled by purchasing the “No Ads” product; optional rewarded ads remain available.

The Provider is liable without limitation for intent and gross negligence and for injury to life, body or health. For slight negligence, the Provider is liable only for the breach of essential contractual duties (cardinal duties), limited to the foreseeable, contract-typical damage. Mandatory statutory liability (in particular under the Product Liability Act and consumer-protection law) remains unaffected.

The Provider aims for high availability but does not guarantee uninterrupted operation. Maintenance, technical disruptions or force majeure may cause restrictions.

These Terms are governed by Austrian law, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer-protection provisions of the country in which the consumer has his or her habitual residence remain unaffected.

Questions regarding these Terms: support@flyingpengu.com