End user license agreement & Terms of Use

1. ACCEPTANCE OF THE TERMS

By downloading, installing, accessing, or using the mobile application “Encuentra las Diferencias en Arte” (hereinafter, the “Application”), developed and published by Maho Games, the user expressly agrees to be bound by these Terms and Conditions (hereinafter, the “Terms”).

If the user does not agree with these Terms, they must refrain from downloading, installing, accessing, or using the Application.

These Terms constitute a legally binding agreement between the user and the owner of the Application, operating under the trade name Maho Games.

Complete information regarding the identity of the owner and the legally required details under applicable regulations is available in the Legal Notice, which can be accessed through the Application or the official website.

Continued use of the Application implies full and unconditional acceptance of these Terms, as well as any subsequent modifications that may be made in accordance with the provisions set forth herein.

The collection and processing of the user’s personal data shall be carried out in accordance with the Privacy Policy, available at the following link:
https://mahogames.com/en-pp-art/

The Privacy Policy forms an integral part of these Terms and Conditions. By using the Application, the user acknowledges having read and accepted the Privacy Policy.

Minimum Age

The Application is intended exclusively for users who are at least thirteen (13) years old.
By using the Application, the user represents and warrants that they meet this minimum age requirement.

The owner reserves the right to restrict or suspend access to the Application if it becomes aware that a user does not meet the required minimum age.

Legal Capacity

The user declares that they have the legal capacity required to accept these Terms in accordance with the laws applicable in their place of residence.
If the user does not have such legal capacity, use of the Application must be carried out under the responsibility of the user’s parent(s) or legal guardian.

Acceptance on Behalf of Third Parties

If the user uses the Application on behalf of an entity, organization, or third party, the user represents and warrants that they have the necessary authority to bind such entity to these Terms.

2. SERVICE DESCRIPTION

The mobile application “Encuentra las Diferencias en Arte” (hereinafter, the “Application”) is a game with a cultural and educational focus that invites users to observe, analyze, and discover visual differences between images, primarily inspired by artistic works, painting styles, and compositions related to classical and contemporary art.

The Application is developed and published by Maho Games and is offered as a digital service for entertainment and cultural dissemination, accessible through compatible mobile devices.

Nature of the Service

The Application:

  • Is offered exclusively in digital format.
  • Does not guarantee specific results, determined progress, or success in the game.
  • May include visual, audio, and textual content for recreational, cultural, or educational purposes.
  • The available content and features may vary depending on:
    • the installed version,
    • the geographic region,
    • the user’s device, or
    • technical, editorial, or commercial decisions made by the owner.

Availability and Access

The owner reserves the right to:

  • Modify, update, or withdraw the Application, in whole or in part,
  • Alter or remove features, levels, or content,
  • Restrict access to certain functions or regions,

at any time and without prior notice, provided that such changes do not violate applicable law.

Non-Professional Nature

The Application does not constitute a professional service, regulated educational service, or academic offering, and does not replace official training or professional or educational advice of any kind.
Use of the Application is carried out exclusively at the user’s own responsibility.

Technical Requirements

Use of the Application requires:

  • A compatible device,
  • A supported operating system version,
  • And, in some cases, an internet connection.

The owner does not guarantee compatibility of the Application with all devices, operating systems, or existing versions, nor uninterrupted operation in all circumstances.

Languages and Localization

The Application may be offered in different languages and regional adaptations.
The owner does not guarantee the availability of all languages in all regions, nor the total absence of translation or localization errors.

3. LICENSE TO USE

The owner grants the user a limited, personal, non-exclusive, non-transferable, and revocable license to download, install, and use the Application “Encuentra las Diferencias en Arte”, developed and published by Maho Games, solely for personal and non-commercial use, in accordance with these Terms.

This license does not imply, under any circumstances, the transfer of any intellectual property rights or any other rights over the Application or its content.

Permitted Use

The user may:

  • Use the Application on a compatible device owned or controlled by the user.
  • Access the content and features offered in accordance with the rules of the game.
  • Enjoy the cultural and educational content of the Application exclusively for personal purposes.

Prohibited Use

Without prejudice to other restrictions set forth in these Terms, the user is expressly prohibited from:

  • Copying, reproducing, distributing, publicly communicating, transforming, modifying, or creating derivative works from the Application or any of its elements.
  • Using the Application for commercial, advertising, or professional purposes.
  • Performing reverse engineering, decompilation, disassembly, or any attempt to obtain the source code.
  • Removing, concealing, or altering legal notices, trademarks, logos, or references to intellectual property rights.
  • Exploiting the Application or its content in an abusive, fraudulent, unlawful manner or in bad faith.

Revocation of the License

The owner reserves the right to revoke, suspend, or limit the license granted to the user at any time, temporarily or permanently, in the event of a breach of these Terms or improper use of the Application.

Revocation of the license shall not entitle the user to any financial compensation, refund, or indemnification from the owner.

Rights Not Granted

Any rights not expressly granted under these Terms are deemed reserved by the owner.
Use of the Application does not grant the user any ownership rights over the Application or its associated content, technologies, trademarks, or trade names.

4. USER ACCOUNT

The Application “Encuentra las Diferencias en Arte”, developed and published by Maho Games, does not require the creation of a user account, nor the provision of personally identifiable information such as an email address, username, or login credentials.

No Registration Required

Use of the Application takes place:

  • Without prior registration,
  • Without authentication through third-party services,
  • And without the creation of individual user profiles on the owner’s servers.

The user is responsible for the use of the Application from their device and for any activity carried out on it.

Device Responsibility

As there is no account system or authentication mechanism:

  • Game progress,
  • User preferences,
  • And other data associated with the use of the Application

are linked exclusively to the device on which the Application is used, as detailed in the corresponding section.

The owner cannot verify the identity of the user nor recover information associated with a specific device in the event of loss, replacement, or reinstallation of the Application.

Individual Use

The Application is designed for individual and personal use.
The owner shall not be liable for any effects resulting from shared use of the same device by multiple people, nor for the loss or alteration of data caused by such shared use.

Security

Although the owner adopts reasonable measures to ensure the proper functioning of the Application, the user acknowledges that:

  • No digital system is completely secure,
  • And use of the Application is carried out at the user’s own risk.

The owner does not guarantee the complete absence of errors, unauthorized access, or technical failures.

5. PROGRESS AND LOCAL DATA

Game progress, settings, preferences, and other data generated during use of the Application “Encuentra las Diferencias en Arte” are stored exclusively locally on the user’s device.

The Application, developed and published by Maho Games, does not use cloud synchronization systems and does not create remote backups of user progress.

Local Storage

The user acknowledges and accepts that:

  • Game progress is linked solely to the device on which the Application is used,
  • There is no mechanism for the owner to recover such progress,
  • And it is not possible to transfer progress between devices.

Loss of Progress

The owner shall not be liable, under any circumstances, for the total or partial loss of user progress, settings, or data, including, but not limited to, cases arising from:

  • Uninstallation or reinstallation of the Application,
  • Operating system or device updates,
  • Device replacement,
  • Deletion of Application data by the user or by the system,
  • Technical failures, software errors, or compatibility issues,
  • Factory resets or the use of device cleaning or optimization tools.

Even where the owner has made reasonable technical efforts to minimize such losses, the user accepts that this risk is inherent in the use of applications that store data locally.

User Responsibility

It is the user’s sole responsibility to:

  • Keep the device in appropriate working condition,
  • Maintain backups of the device when permitted by the system,
  • Properly manage storage and maintenance settings of the device.

Digital Goods Linked to Progress

Any digital goods acquired within the Application, including virtual currency, content unlocks, or progress-related advantages, are also linked to the device and may be lost in the situations described above, without giving rise to any right to a refund, compensation, or indemnification.

6. IN-APP PURCHASES

The Application “Encuentra las Diferencias en Arte”, developed and published by Maho Games, may offer in-app purchases that allow users to acquire certain digital goods and features.

Such purchases are optional and are not required to download or use the Application in its basic functionality.

Types of Digital Goods

Within the Application, the user may acquire, among others:

  • Virtual currency, used to access game features.
  • Unlocking of levels or additional content.
  • Advantages or aids related to the game mechanics.
  • Subscriptions, which allow access to certain content or benefits for a specified period of time.

All goods offered are digital content and do not constitute physical goods or services outside the scope of the Application.

Nature of Digital Goods

The user acknowledges and accepts that:

  • Digital goods have no real monetary value,
  • They cannot be exchanged for money or other goods outside the Application,
  • They are not transferable between users or devices,
  • And they do not grant any actual ownership rights.

Virtual currency and other digital goods may only be used within the Application and in accordance with the rules in force at any given time.

Subscriptions

If the Application offers subscriptions:

  • They will automatically renew under the conditions indicated in the relevant store (Google Play or Apple App Store), unless cancelled by the user in advance.
  • The user is solely responsible for managing activation, renewal, and cancellation of the subscription through their account on the corresponding platform.
  • Cancellation of a subscription does not entitle the user to a refund of amounts already paid for the current billing period, unless otherwise required by applicable law.

The owner does not guarantee that a subscription will provide specific results, defined progress, or decisive advantages in the game.

Payment Processing

All in-app purchases are processed exclusively through official distribution platforms, such as Google Play or the Apple App Store.

The owner:

  • Does not store user payment details,
  • Does not have access to the financial information used for the purchase,
  • And cannot directly intervene in the payment process.

Any issues related to charges or payments must be managed in accordance with the procedures established by the platform used for the purchase.

Availability and Changes

The owner reserves the right to:

  • Modify the prices of digital goods,
  • Alter the content or benefits associated with specific purchases,
  • Add or remove digital goods or subscriptions,

at any time and without any obligation to maintain such conditions in the future, always in compliance with applicable law.

7. REFUND POLICY

The user acknowledges and accepts that all purchases made within the Application “Encuentra las Diferencias en Arte”, developed and published by Maho Games, correspond to digital content that is made available immediately upon purchase.

Non-Refundable Nature

As a general rule:

  • In-app purchases are non-refundable,
  • Including, without limitation, virtual currency, content unlocks, digital advantages, and subscriptions,
  • Once the digital content has been delivered or enabled.

The user expressly accepts this condition when making any purchase within the Application.

Legal Exceptions

The foregoing is without prejudice to any mandatory consumer rights that may apply under applicable law and under the policies of the distribution platforms (Google Play and Apple App Store).

In cases where the law grants the user the right to request a refund, such request must be submitted exclusively through the platform on which the purchase was made, in accordance with its procedures and deadlines.

Refund Management by Third-Party Platforms

The owner:

  • Does not directly manage payments or refunds,
  • Has no ability to approve or deny refund requests,
  • And cannot guarantee the outcome of a refund request.

Any decision regarding refunds shall be made by the relevant platform, in accordance with its own terms and policies.

Loss of Access and Progress

If a platform grants a refund:

  • Access to the purchased digital goods may be revoked,
  • Any content, advantages, or progress associated with such goods may be lost,
  • Without entitling the user to any additional compensation.

Types of Advertising

The Application may include, among others:

  • Interstitial advertisements, displayed at certain points during use of the Application.
  • Rewarded ads, whose viewing is voluntary and may grant in-game advantages or benefits.
  • Banner ads, integrated into certain screens of the Application.

The frequency, format, and availability of advertisements may vary depending on:

  • Geographic region,
  • Device,
  • Connectivity,
  • Technical or commercial decisions of the owner or third parties.

Personalized Advertising

The Application may display personalized advertising based on user or device data only when the user has given explicit consent, in accordance with applicable regulations and the consent mechanisms provided by the relevant platform.

If the user does not grant such consent, the advertising displayed may be non-personalized.

The user may modify or withdraw their consent at any time through the settings of the Application or the device, as applicable.

Advertising Providers

Advertising displayed in the Application is managed by external advertising service providers, which may collect and process information in accordance with their own privacy policies.

The owner does not directly control the specific content of the advertisements displayed and does not guarantee that such content will be of interest to the user.

Unavailability of Rewards

The owner does not guarantee that rewarded advertisements will be available at all times.
Inability to view an advertisement due to technical reasons, availability issues, or third-party limitations shall not entitle the user to any compensation.

Likewise, the inability to access a reward due to causes beyond the owner’s control shall not constitute a breach of these Terms.

Limited Liability

The owner shall not be liable for:

  • Interruptions in the display of advertisements,
  • Errors in the delivery of advertising rewards,
  • Or for the content, products, or services offered by third parties through advertisements displayed in the Application.

9. PUSH NOTIFICATIONS

The Application “Encuentra las Diferencias en Arte”, developed and published by Maho Games, may send push notifications to the user’s device in order to communicate information related to the operation of the Application.

Purpose of Notifications

Push notifications may be used, among others, to inform users about:

  • Game news or updates,
  • Usage reminders or in-app events,
  • Informational communications related to the service,
  • Promotions or advantages available within the game.

Optional Nature

Sending push notifications is entirely optional and requires the user’s prior consent, in accordance with the device’s operating system settings.

The user may:

  • Accept or reject notifications during installation or first use,
  • Disable notifications at any time through the device settings or the Application itself.

Disabling notifications does not affect general access to the Application, although certain informational features or reminders may be limited.

Third-Party Dependency and Availability

Proper delivery of push notifications depends on:

  • Third-party services,
  • Device connectivity,
  • Operating system configuration,
  • And other factors beyond the owner’s control.

The owner does not guarantee effective delivery of all notifications or their timely receipt by the user.

Content and Liability

The owner reserves the right to:

  • Modify the content of notifications,
  • Temporarily or permanently suspend their delivery,

without prior notice.

The owner shall not be liable for any effects resulting from non-receipt, delay, or interruption of push notifications.

10. INTELLECTUAL PROPERTY

All intellectual and industrial property rights relating to the Application “Encuentra las Diferencias en Arte”, including, without limitation, its source code, object code, structure, design, interfaces, graphics, illustrations, texts, animations, sounds, music, trademarks, logos, and any other elements comprising it, belong to the owner or are used under a valid license, and are protected by applicable intellectual and industrial property laws.

The Application is developed and published by Maho Games, the brand under which the owner commercially operates the service.

Reserved Rights

Except as expressly provided in these Terms, no intellectual or industrial property rights in the Application or any of its elements are granted to the user.

Any use of the Application or its content that is not expressly authorized under these Terms is strictly prohibited.

Trademarks and Trade Names

The designations “Maho Games” and “Encuentra las Diferencias en Arte”, as well as any other distinctive signs used in the Application, are trademarks, trade names, or distinctive signs owned by the owner or lawfully used by it.

Any use of such distinctive signs without express authorization is prohibited.

Protected Content

The user acknowledges that the reproduction, distribution, public communication, transformation, or any other form of exploitation of the Application’s content, in whole or in part, without the express authorization of the owner, constitutes an infringement of intellectual and industrial property rights.

Automatically Generated Content

To the extent that the Application includes content generated through automated tools or artificial intelligence, such content shall be considered an integral part of the Application and shall be subject to these Terms, without the user acquiring any additional rights over such content.

User Communications

Any suggestions, comments, or communications sent by the user to the owner in relation to the Application may be used by the owner without any obligation to provide compensation, provided that they do not contain personal data or confidential information, and without granting the user any rights over the Application.

11. MUSIC, ARTWORKS, AND IMAGES

The Application “Encuentra las Diferencias en Arte”, developed and published by Maho Games, may include musical, visual, and artistic content for recreational, cultural, and educational purposes.

Public Domain Works

The Application may incorporate musical works, artistic compositions, and images that are considered public domain works, whose copyright protection term has expired in accordance with applicable law.

Such works are used respecting their public domain status and without implying any exclusive rights over them on the part of the owner.

Third-Party Recordings and Files

The user acknowledges and accepts that, even where a musical or artistic work is in the public domain, the specific recordings, digitizations, performances, editions, or files used may be protected by third-party rights and used under specific licenses granted by libraries, archives, resource banks, or other providers.

In such cases, the rights to those recordings or files belong to their respective owners and are not transferred to the user.

Images and Visual Content

The Application may include:

  • Images created by the owner,
  • Images generated through automated or artificial intelligence tools,
  • Images sourced from public domain repositories, cultural archives, or museums,
  • Images used under third-party licenses.

The owner declares that such content is used in good faith and in accordance with the licensing information available at the time the content is incorporated into the Application.

No Transfer of Rights to the User

Use of musical, artistic, or visual content within the Application does not grant the user any right of reproduction, distribution, public communication, or exploitation, either within or outside the Application.

Access to such content is strictly limited to use of the Application in accordance with these Terms.

Limitation of Liability

The owner does not guarantee that all artistic content used is free from potential third-party claims in all jurisdictions.

In the unlikely event that a third party submits a claim related to intellectual property rights over content included in the Application, the owner shall take such reasonable measures as it deems appropriate, which may include removal or replacement of the affected content.

The user acknowledges that such circumstances shall not give rise to any right to compensation, indemnification, or refund.

Differences in International Regulations

The user acknowledges that the classification of a work as public domain or free of rights may vary depending on the applicable jurisdiction.

Use of the Application is carried out at the user’s own responsibility, particularly with regard to compliance with local intellectual property regulations.

12. THIRD-PARTY CONTENT AND SERVICES

The Application “Encuentra las Diferencias en Arte”, developed and published by Maho Games, may integrate or use services, content, and technologies provided by third parties for its proper operation and monetization.

Third-Party Services

The Application may incorporate, among others:

  • Analytics and metrics services,
  • Advertising services,
  • Distribution tools,
  • Notification services,
  • Third-party software libraries and SDKs.

Such services may be subject to the respective terms and policies of their providers, which the user accepts when using the Application.

Data Processing by Third Parties

Use of third-party services may involve the collection and processing of certain data in accordance with the providers’ own privacy policies.

The owner does not directly control how such third parties process information and assumes no responsibility for their practices, without prejudice to any applicable legal obligations.

Information regarding the processing of personal data is set out in the Privacy Policy, available through the Application or its official channels.

External Links

The Application may include links or references to external websites, content, or services.
Such links are provided solely for informational or functional purposes.

The owner:

  • Does not control the content of linked sites,
  • Does not guarantee their availability, security, or legality,
  • And assumes no responsibility whatsoever for them.

Access to external links is carried out at the user’s sole responsibility.

Third-Party Advertising Content

The owner is not responsible for the content, accuracy, truthfulness, or legality of products or services advertised by third parties within the Application.

Any contractual relationship, transaction, or interaction between the user and a third-party advertiser takes place exclusively between those parties, without intervention or liability on the part of the owner.

Availability and Changes

Third-party services may:

  • Be modified,
  • Be suspended,
  • Or cease to be available,

without prior notice and due to causes beyond the owner’s control.
Such circumstances shall not give rise to any right to compensation or indemnification.

13. USER CONDUCT

The user undertakes to use the Application “Encuentra las Diferencias en Arte”, developed and published by Maho Games, in accordance with applicable law, these Terms, and the principles of good faith and responsible use.

Proper Use

The user agrees to:

  • Use the Application solely for its intended purposes,
  • Respect the rights of the owner and third parties,
  • Refrain from actions that may damage, overload, or impair the Application or its associated systems.

Prohibited Uses

The user is expressly prohibited from:

  • Using the Application in an illegal, fraudulent, or unauthorized manner;
  • Attempting to bypass, disable, or manipulate technical systems, security measures, or control mechanisms;
  • Exploiting errors, vulnerabilities, or flaws in the Application for improper purposes;
  • Introducing viruses, malware, or other harmful elements;
  • Interfering with the normal operation of the Application or associated third-party services;
  • Using automated tools, bots, or similar methods to interact with the Application.

Use of Content and Advertising

The user agrees to:

  • Refrain from fraudulent interaction with advertising systems,
  • Avoid generating artificial ad impressions,
  • Avoid abusing rewarded ads or related mechanics.

Improper use of these systems may result in the loss of rewards, content, or access to the Application, without any right to compensation.

Consequences of Breach

The owner reserves the right to:

  • Restrict or suspend, in whole or in part, the user’s access to the Application,
  • Revoke granted licenses,
  • Remove content or advantages obtained improperly,

in the event of a breach of these Terms, without prior notice and without giving rise to any right to compensation.

User Liability

The user shall be solely responsible for any damage or harm caused to the owner or third parties as a result of a breach of these Terms or improper use of the Application, and shall hold the owner harmless against any claims arising from such conduct.

14. SERVICE MODIFICATIONS

The owner reserves the right to modify, update, expand, limit, or withdraw, on a temporary or permanent basis, all or part of the Application “Encuentra las Diferencias en Arte”, developed and published by Maho Games, including its content, features, mechanics, design, or access conditions.

Updates and Changes

Such modifications may include, among others:

  • The addition of new features or levels,
  • The removal or alteration of existing content,
  • Technical, visual, or performance adjustments,
  • Changes to the monetization or advertising model.

The owner does not guarantee that any specific feature or content will remain available indefinitely.

Mandatory Changes

The owner may implement modifications when necessary in order to:

  • Comply with legal or regulatory changes,
  • Adapt to requirements imposed by distribution platforms,
  • Ensure the security or stability of the Application,
  • Prevent abuse or improper use.

Effects on the User

Service modifications:

  • Shall not entitle the user to any financial compensation, refund, or indemnification,
  • May affect access to certain content or advantages previously available,
  • May require the installation of updates in order to continue using the Application.

Continued use of the Application following any modification shall constitute acceptance of the changes made.

Service Interruption

The owner reserves the right to suspend or interrupt the service, in whole or in part, for technical, maintenance, security reasons, or due to force majeure, without incurring any liability.

15. AVAILABILITY AND TECHNICAL FAILURES

The Application “Encuentra las Diferencias en Arte”, developed and published by Maho Games, is provided on an “as is” and “as available” basis.

The owner does not guarantee that the Application will operate uninterruptedly, error-free, or be compatible with all devices, operating systems, or existing versions.

Interruptions and Maintenance

The Application may experience:

  • Temporary interruptions,
  • Scheduled or unscheduled maintenance,
  • Technical or connectivity failures,
  • Errors resulting from operating system updates or third-party services.

The owner may suspend access to the Application, in whole or in part, for technical or maintenance reasons, without prior notice.

Third-Party Dependency

Operation of the Application depends in part on:

  • Third-party services,
  • Distribution platforms,
  • Network providers,
  • Advertising and notification services.

The owner shall not be liable for failures, interruptions, or errors attributable to such third parties.

Loss of Data and Progress

The owner shall not be liable for:

  • Loss of progress,
  • Loss of locally stored data,
  • Errors arising from updates, reinstalls, or device changes,

in accordance with the provisions set forth in the section relating to local data storage.

Exclusion of Technical Liability

To the maximum extent permitted by law, the owner disclaims any liability for damages arising from:

  • Use of or inability to use the Application,
  • Errors, technical failures, or operational issues,
  • Service interruptions not directly attributable to the owner.

16. DISCLAIMER OF WARRANTIES

The Application “Encuentra las Diferencias en Arte”, developed and published by Maho Games, is provided on an “as is” and “as available” basis, without warranties of any kind.

To the maximum extent permitted by applicable law, the owner makes no express or implied warranties with respect to the Application, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, availability, accuracy, or reliability.

No Warranty of Results

The owner does not warrant that:

  • Use of the Application will produce specific results,
  • User progress will be constant or predetermined,
  • The content will meet personal or subjective expectations.

Use of the Application is carried out at the user’s sole responsibility.

Compatibility and Operation

The owner does not warrant:

  • Compatibility with all devices or operating systems,
  • The absence of errors, technical failures, or interruptions,
  • Immediate correction of any defects that may be detected.

Content and Third Parties

The owner does not warrant:

  • The accuracy, completeness, or timeliness of content provided by third parties,
  • The absence of inappropriate, incorrect, or undesired advertising,
  • Continuous operation of third-party services integrated into the Application.

Legal Limitations

Nothing in these Terms shall exclude or limit any warranties or user rights that cannot be excluded under the applicable law of the user’s jurisdiction.

17. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, the owner shall not be liable for any damages arising from the use of, or inability to use, the Application “Encuentra las Diferencias en Arte”, developed and published by Maho Games.

Excluded Damages

Under no circumstances shall the owner be liable for:

  • Indirect, incidental, special, or consequential damages;
  • Loss of data, loss of progress, or loss of digital content;
  • Loss of profits, revenue, or expected use;
  • Service interruptions or technical failures;
  • Decisions made by the user based on use of the Application.

Use at the User’s Own Risk

The user uses the Application at their own risk and expressly acknowledges that:

  • Use of the service may involve errors, interruptions, or technical limitations;
  • The content provided is for recreational, cultural, or educational purposes only, without guarantees of absolute accuracy;
  • Digital goods have no real monetary value.

Third-Party Liability

The owner shall not be liable for damages caused by:

  • Third-party services, content, or decisions;
  • Advertising, products, or services offered by external advertisers;
  • Failures attributable to distribution platforms, network providers, or integrated services.

Any claims arising from such services must be directed exclusively against the relevant third party.

Liability Cap (If Applicable)

Where, under applicable law, liability cannot be fully excluded, the total liability of the owner to the user shall not exceed, in any event, the amount actually paid by the user within the Application during the twelve (12) months preceding the event giving rise to the claim, if any.

Non-Waivable Rights

Nothing in these Terms shall limit or exclude the owner’s liability in cases where such limitation or exclusion is not permitted by law.

18. INDEMNIFICATION

The user agrees to indemnify, defend, and hold harmless the brand Maho Games, against any claim, damage, loss, liability, cost, or expense (including reasonable attorneys’ fees) arising from:

  • Improper use of the Application “Encuentra las Diferencias en Arte”;
  • Breach of these Terms;
  • Infringement of third-party rights, including intellectual property rights;
  • Any action or omission by the user that causes harm to the owner or to third parties.

This indemnification obligation shall survive termination or cessation of the user’s access to the Application.

19. TERMINATION

The owner reserves the right to suspend, restrict, or terminate, on a temporary or permanent basis, the user’s access to the Application “Encuentra las Diferencias en Arte”, developed and published by Maho Games, in the event of a breach of these Terms or improper use of the Application.

Termination for Breach

User access may be terminated, among other cases, when:

  • The user breaches these Terms;
  • Fraudulent, abusive, or unlawful use of the Application is detected;
  • Actions occur that may damage the operation, security, or reputation of the Application or the owner.

Termination may be carried out without prior notice and without any right to compensation.

Termination by the User

The user may stop using the Application at any time by uninstalling it from their device.

Uninstallation of the Application:

  • Will result in the loss of progress and locally stored data;
  • Will not entitle the user to any refund or compensation;
  • Will not extinguish obligations under these Terms that are intended to survive termination.

Effects of Termination

Upon termination, for any reason:

  • The license granted to the user shall immediately cease;
  • The user will lose access to the Application and any associated digital goods;
  • No refunds of paid amounts shall be made, except where required by law.

Provisions relating to intellectual property, disclaimer of warranties, limitation of liability, indemnification, and applicable law shall remain in force following termination.

20. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of Spain, excluding its conflict of law rules.

For the resolution of any dispute, controversy, or claim arising from the use of the Application “Encuentra las Diferencias en Arte”, the parties expressly submit to the courts and tribunals of Spain, unless mandatory consumer protection regulations provide otherwise.

The foregoing is without prejudice to any non-waivable rights that may apply to the user under the laws of the country in which the user has their habitual residence, where applicable.

21. INTERNATIONAL USERS

The Application “Encuentra las Diferencias en Arte”, developed and published by Maho Games, may be available for download and use in countries and regions outside Spain.

Use at the User’s Own Responsibility

Access to and use of the Application from locations outside Spain is carried out at the user’s sole responsibility.
The user agrees to comply with applicable local laws in their jurisdiction, including, without limitation, regulations relating to:

  • Consumer protection,
  • Data protection,
  • Intellectual property,
  • Advertising and digital content.

Local Regulatory Compliance

The owner does not guarantee that the Application or its content complies with all specific regulations of each country or region where it is available.

In particular, certain features, content, advertisements, or services may:

  • Not be available in certain regions,
  • Be offered in a limited manner,
  • Be subject to legal or technical restrictions.

Territorial Restrictions

The owner reserves the right to:

  • Limit access to the Application in certain territories,
  • Modify or withdraw features based on the user’s location,
  • Comply with legal obligations imposed by competent authorities.

Such restrictions shall not give rise to any right to compensation.

Legal Variations

The user acknowledges that:

  • Applicable regulations may vary from one country to another,
  • Certain rights or limitations described in these Terms may not be fully applicable in all jurisdictions.

Nothing in this section shall limit consumer rights that are mandatory and non-waivable under the applicable law of the user’s country of residence.

22. REGION-SPECIFIC PROVISIONS

The following provisions apply in addition to these Terms when the user accesses or uses the Application “Encuentra las Diferencias en Arte” from the regions indicated below.
 In the event of any conflict between these provisions and the rest of the Terms, these sections shall prevail to the extent required by applicable law.

22.1 United States

If the user resides in or uses the Application from the United States:

  • The Application is provided “as is” and “as available”, to the maximum extent permitted by U.S. law.
  • The owner disclaims all implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent legally permitted.
  • Under no circumstances shall the owner be liable for indirect, incidental, special, punitive, or consequential damages, unless such limitation is prohibited by applicable law.
  • Some U.S. jurisdictions do not allow certain warranty exclusions or limitations of liability; therefore, these limitations may not fully apply to the user.

22.2 European Union

If the user resides in a Member State of the European Union:

  • These Terms shall be interpreted in accordance with European Union consumer protection legislation.
  • Nothing in these Terms shall affect the mandatory and non-waivable consumer rights recognized under EU law.
  • Processing of the user’s personal data is governed by applicable European data protection regulations, including Regulation (EU) 2016/679 (GDPR), as set out in the Privacy Policy.
  • Any exclusion or limitation of liability shall apply only to the extent permitted by applicable EU law.
  • In accordance with EU regulations, the user acknowledges that, when purchasing digital content supplied immediately, the right of withdrawal may be waived where permitted by law and where the user has given explicit consent.

22.3 Brazil

If the user resides in Brazil, these Terms shall be interpreted in accordance with Brazilian consumer protection legislation to the extent that it is mandatorily applicable.
 Nothing in these Terms shall limit the non-waivable consumer rights recognized under Brazilian law.

22.4 China

If the user accesses or uses the Application from the People’s Republic of China:

  • The user acknowledges that access to certain services, content, or features may be subject to technical, legal, or regulatory restrictions imposed by local authorities.
  • The owner does not guarantee continuous availability of the Application or all of its content in this region.
  • Use of the Application is carried out at the user’s own responsibility and in accordance with applicable Chinese regulations.
  • The owner may suspend or limit access to the Application in this region where required to comply with legal or regulatory obligations.

22.5 Japan

If the user accesses or uses the Application from Japan:

  • These Terms shall be interpreted in accordance with applicable Japanese law, to the extent mandatorily required.
  • The user acknowledges that certain rights, limitations, or exclusions of liability may be subject to specific restrictions under Japanese consumer protection laws.
  • Any exclusions or limitations of liability shall apply only to the extent permitted by applicable Japanese law.
  • The user acknowledges that the Application is provided without any guarantee of specific results, to the extent permitted by Japanese law.

22.6 Russia

If the user resides in the Russian Federation, these Terms shall apply to the extent permitted by applicable Russian law.
 Nothing in these Terms shall limit consumer rights that cannot be excluded under Russian law.

22.7 Language Precedence

These Terms may be made available to the user in multiple languages.
 In the event of any discrepancy between translated versions and the English version, the English version shall prevail, to the extent permitted by applicable law.

23. SEVERABILITY

If any provision of these Terms and Conditions is declared null, illegal, or unenforceable by a competent authority, such provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.

The remaining clauses shall remain fully valid and enforceable to the maximum extent permitted by law.

24. ASSIGNMENT

The user may not assign, transfer, or sublicense the rights and obligations arising from these Terms without the prior written consent of the owner.

The owner may assign or transfer these Terms, as well as the rights and obligations arising therefrom, to a third party, including in cases of corporate reorganization, transfer of business, or assignment of the Application, without the user’s consent, always in compliance with applicable law.

25. CONTACT INFORMATION

For any questions, communications, or claims related to the Application or these Terms and Conditions, the user may contact the owner at the following email address:

info@mahogames.com