Terms of Use
The short version: TumbleWing is free, it is yours to play, your progress lives on your device, and the one purchase is optional and one-off.
These terms do not take away your legal rights.
If you are a consumer in the UK or the EU, you have rights under consumer law that no set of terms can remove — including rights about digital content that is faulty or not as described. Nothing here limits them.
1. Who you are agreeing with
1.1 TumbleWing is made and published by Xzist Digital Ltd, a company registered in England and Wales under company number 16698221, with its registered office at 20 Wenlock Road, London, England, N1 7GU (“we”, “us”, “our”).
1.2 You can reach us at hello@xzistdigital.com.
1.3 This agreement is between you and us. It is not with Apple. Apple distributes the app but is not responsible for it. Clause 9 sets out what that means in practice.
2. Accepting these terms
2.1 By downloading, installing or playing TumbleWing you accept these terms. If you do not accept them, please do not use the app.
2.2 If you are under 18, please check with a parent or guardian before making any purchase.
3. What you may do with the game
3.1 We grant you a personal, non-exclusive, non-transferable, revocable licence to install and play TumbleWing on devices you own or control, for your own private, non-commercial use.
3.2 On Apple devices, that licence is governed by Apple’s Licensed Application End User Licence Agreement, as varied by these terms. Where the two genuinely conflict, these terms prevail, except where Apple’s terms may not be varied.
3.3 You may not sell, rent, sub-licence or redistribute the app; copy or extract its artwork, audio or code except where the law expressly allows it; reverse-engineer it beyond what the law permits; or remove any notice of ownership.
3.4 Please do not use modified clients, automated play, or tools that alter coins, stars or the birds you own. TumbleWing keeps your progress on your own device, so doing this mainly spoils your own game — but it may also stop the app working properly, and we cannot support or restore a save that has been tampered with.
4. Your progress lives on your device
4.1 Your completed gardens and stars, coins, bonus flight tickets and the birds you own are stored locally on your device. There are no accounts and no cloud save.
4.2 This means progress can be lost. Deleting the app, clearing its data, or losing or resetting the device will remove it. Any device backup is managed by you or your device provider, not by us.
4.3 We do not hold a copy of your progress, so we cannot restore it. We say this plainly rather than in the small print, because it is the one thing players are most likely to be caught out by. Your separate right to restore an eligible purchase is covered in clause 5.
5. The supporter purchase
5.1 TumbleWing is free to play in full. Nothing in the game is locked behind money, and every bird can be earned by playing.
5.2 The app offers one optional purchase, TumbleWing Supporter. It is a one-time, non-consumable purchase. It is not a subscription and does not renew. It awards 50% more coins from garden rewards and bonus flights. It does not change how any puzzle works, does not make any puzzle easier, and does not reduce what any bird requires.
5.3 The price shown in the app is Apple’s localised price for your territory, including any applicable tax.
5.4 Apple takes the payment and holds the record of it. We never see your card details or billing address.
5.5 Because the purchase is recorded by Apple against your Apple Account, you can restore it on a new installation or a new device using Restore purchase in the Shop. Restoring the purchase does not restore coins or birds, which are local to the device — see clause 4.
5.6 Refunds are handled by Apple, under Apple’s own terms, not by us. We cannot issue, approve or refuse a refund for an App Store purchase. If Apple refunds or revokes the purchase, the supporter bonus stops applying. If you believe something has gone wrong with a purchase, email us anyway — we would rather help you work out what happened.
5.7 None of this affects your statutory rights as a consumer in relation to faulty digital content.
6. Availability, updates and the end of the road
6.1 We may update TumbleWing to fix problems, add content or keep it working on new devices and operating systems.
6.2 Updates may change the game’s balance. We will not use an update to remove a bird you have already earned or bought, or to withdraw the supporter bonus from someone who has paid for it.
6.3 We may one day stop distributing or supporting the app. If that happens, a copy already installed on your device will keep working for as long as your device and its operating system allow, because the game runs locally and needs no server from us.
7. What belongs to whom
7.1 TumbleWing, its name, its artwork — including all 64 birds — its sounds, code and design are owned by us or used with permission, and are protected by copyright and other rights.
7.2 Your licence to play does not transfer any of those rights to you.
7.3 You are very welcome to record, stream and share video of yourself playing, including monetised video on the usual platforms. Please do not present the game as your own or use our artwork as though it were yours.
8. Our responsibility to you
8.1 We have built TumbleWing with care and test it before release, but no software is perfect and we do not promise the game will be uninterrupted or entirely free of faults.
8.2 We do not exclude or limit our liability where it would be unlawful to do so. That includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, and for anything else that cannot be excluded under the law that applies to you.
8.3 Subject to clause 8.2, we are not liable for loss that was not reasonably foreseeable, or for loss of local game progress, which clause 4 explains cannot be recovered.
8.4 Subject to clause 8.2, and because the app is free to play, our total liability to you is limited to the greater of the amount you have actually paid us through the app, or £20.
8.5 TumbleWing is provided for entertainment. Please take breaks, play somewhere safe, and be sensible about how long you play — particularly where children are concerned.
9. Apple’s position
This clause is required by Apple for apps distributed on the App Store, and says how Apple sits in relation to these terms.
9.1 These terms are between you and us alone. Apple is not a party to them and has no obligations under the app.
9.2 We, not Apple, are solely responsible for TumbleWing and its content.
9.3 Apple has no obligation to provide any maintenance or support for TumbleWing.
9.4 If the app fails to conform to any warranty that applies, you may tell Apple, and Apple may refund the purchase price you paid for it, if any. To the maximum extent permitted by law, Apple has no other warranty obligation in relation to the app. Any other claim, loss, liability, damage, cost or expense attributable to a failure to conform to a warranty is our responsibility.
9.5 We, not Apple, are responsible for dealing with any claim you or a third party makes about the app, including product liability claims, any claim that the app fails to meet a legal or regulatory requirement, and claims under consumer protection or similar legislation.
9.6 We, not Apple, are responsible for investigating, defending, settling and discharging any third-party claim that the app, or your possession and use of it, infringes that third party’s intellectual property rights.
9.7 You confirm that you are not located in a country subject to a US Government embargo, or designated by the US Government as a “terrorist supporting” country, and that you are not listed on any US Government list of prohibited or restricted parties.
9.8 You must comply with any applicable third-party terms when using the app.
9.9 Apple and its subsidiaries are third-party beneficiaries of these terms, and on your acceptance of them Apple has the right, and is deemed to have accepted the right, to enforce them against you.
10. Changes to these terms
10.1 We may update these terms, for example when the game changes or the law does. The current version is always the one on this page, with the date at the top.
10.2 If a change materially reduces your rights, we will describe it plainly here rather than bury it, and it will apply from the version of the app released after the change.
11. Law and where disputes are heard
11.1 These terms are governed by the law of England and Wales.
11.2 Disputes may be brought in the courts of England and Wales. If you are a consumer living elsewhere in the UK or in the EU, you keep the benefit of any mandatory protections of your own country’s law, and you may bring proceedings in your local courts.
12. Contact
Questions about these terms, or about anything in the game:
hello@xzistdigital.com
Xzist Digital Ltd
20 Wenlock Road, London, England, N1 7GU
Our Privacy Policy explains what the game stores and what it does not collect.