355Terms of service
These terms are an agreement between you and Software Kit SRL, Rapsodiei nr. 1, Timișoara, Romania ("we", "us"), the developer and operator of 355: the mobile app and the website at play355.app (together, the "Service"). By creating an account or using the Service you accept these terms, the Official contest rules, which form part of them, and our Privacy policy, which explains how we handle your data. If you do not accept them, do not use the Service.
1. What 355 is
355 is a free game of skill with two card games played on the same three-row board: open face Chinese (Pineapple), played heads-up under a clock, and Pusoy, played four to a table. Every finished hand counts toward sets of hands, and finished sets are ranked on daily, weekly and monthly leaderboards, separately for each game. Placing on a leaderboard earns coins, which can be redeemed for prizes as described in the Official contest rules.
355 is not gambling. There is no entry fee, no wager, no stake and no currency that can be bought; the only in-app purchase removes the ads shown between hands. Every deal, every clock, every score and every leaderboard position is decided by our servers, and the result of a hand depends on how you arrange your cards.
Opponents at a table and entrants on a leaderboard may include automated players operated by us, which help keep matches available at all hours. They play under the same rules, clocks and scoring as everyone else.
2. Who can use it
You must be at least 18 years old, or the age of majority where you live if that is higher, and able to enter into a binding contract. Taking part in the contest and receiving prizes has further conditions, including where you live; see the Official contest rules. You may not use the Service if you are barred from doing so under the laws that apply to you, including sanctions laws.
3. Your account
- One person, one account. You may hold only one account, and it is for your personal use. Do not share it, sell it, transfer it or let anyone else play on it.
- Sign-in. You sign in with Google, Apple or an email link. Keep access to that account secure; you are responsible for what happens on your 355 account.
- Username and country. Your username and country are shown to other players. Your username must not impersonate anyone, include contact details, or be offensive, hateful or misleading. We may change a username that breaks this rule. Choose your country truthfully: it decides which prizes are available to you and whether you can take part in the contest.
- Deleting your account. You can delete your account at any time in Settings. This cannot be undone, your coins are forfeited, and an account cannot be deleted while a prize is on its way. What happens to your data is described in the Privacy policy.
4. Coins
Coins are earned only by placing on a leaderboard. They cannot be bought, sold, transferred to another account, or exchanged for money, and they have no value outside 355. Coins are not your property: they are a limited, revocable right to redeem prizes under the Official contest rules. We may correct a coin balance that is wrong because of an error, a bug or a breach of these terms. Coins are forfeited when an account is deleted or terminated. If we ever close 355 permanently, we will give at least 30 days' notice in the app or on play355.app so you can redeem the coins you hold.
5. Remove ads
355 shows ads between hands. Remove ads is an optional, one-time in-app purchase, sold through the App Store or Google Play, that removes the ads shown between hands. It changes no score, clock, matchmaking, coins or prize: it is not a coin, a prize or an entry, and you never need it to play or to take part in the contest.
Remove ads belongs to the App Store or Google Play account that bought it, not to your 355 account. It applies on the devices where that store account restores it (Settings → Restore purchases), and it stays when you sign out of 355, sign in with another account or delete your 355 account. Deleting your 355 account does not refund it.
Payment, refunds and cancellations are handled by Apple or Google under the store's own terms; nothing in these terms limits a right to a refund that the store or the law gives you.
6. Contest and prizes
The leaderboard contest and the redemption of prizes are governed by the Official contest rules, which are also shown in the app under Settings → Official rules. If these terms and the Official contest rules conflict about the contest, the Official contest rules prevail. Apple Inc. and Google LLC are not sponsors of the contest and are not involved in it in any way.
7. Fair play and acceptable use
355 is only worth playing if everyone plays fairly. You must not:
- use software, a solver, an automated tool or any other outside help that chooses or suggests your card placements while a hand is in play;
- hold or use more than one account, or play on someone else's account;
- collude with other players, share information about cards during a hand, or deliberately lose to move coins or positions to another account;
- exploit a bug or an error in scoring or prizes instead of reporting it to us;
- tamper with, reverse engineer, decompile, scrape or automate the app or our servers, or interfere with them (for example by overloading them or bypassing security), except where the law expressly allows it;
- harass other players, or use the Service for anything unlawful.
If we reasonably believe you have broken these rules we may, in proportion to the breach, void the affected results, remove you from leaderboards, adjust or cancel coins, withhold prizes, and suspend or close your account. Where we can do so without compromising an investigation, we will tell you why and you can reply to us before a final decision.
8. Availability and changes
We work to keep 355 running, but we do not promise that it will always be available, uninterrupted or error-free. A hand can be lost to a dropped connection: the game's clocks keep the table moving, and what happens when a clock runs out (automatic placement in open face Chinese, a surrender in Pusoy) counts. We may change, add or remove features, game settings, clocks, scoring tables, set sizes, prize pools and the prize catalogue. Changes that affect the contest take effect only as the Official contest rules describe. We need an internet connection to run every hand, and your mobile operator's data charges apply.
9. Licence and intellectual property
We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the app on devices you own or control, for your own non-commercial entertainment, in line with these terms and the rules of the store you downloaded it from. 355, its name, logo, design, software and content belong to us or our licensors; these terms do not transfer any of those rights to you. Open source components are licensed under their own licences, listed in the app under Settings → About & licences.
10. App Store and Google Play
If you downloaded 355 from Apple's App Store, the following also applies:
- These terms are between you and Software Kit SRL only, not Apple. We, not Apple, are solely responsible for the app and its content.
- Your licence is limited to using the app on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you through Family Sharing.
- Apple has no obligation to provide any maintenance or support for the app.
- To the extent any warranty applies by law, if the app fails to conform to it you may notify Apple, and Apple will refund the purchase price, if any (355 is free to download). To the maximum extent permitted by law, Apple has no other warranty obligation for the app.
- We, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your possession and use of it, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and consumer protection, privacy or similar claims.
- If a third party claims that the app or your use of it infringes their intellectual property, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim.
- You confirm that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- You must comply with any applicable third-party terms when using the app, such as your mobile operator's terms.
- Apple and its subsidiaries are third-party beneficiaries of these terms and, once you accept them, Apple has the right to enforce them against you as a third-party beneficiary.
If you downloaded 355 from Google Play, the Google Play Terms of Service also apply to your use of the store. Google is not responsible for the app; questions about it go to us.
11. Suspension and termination
You can stop using 355 and delete your account at any time. We may suspend or close your account under section 7, if the law requires it, or if we stop offering 355. If we close 355 for everyone, we will give at least 30 days' notice in the app or on play355.app. Sections 4, 9, 12 and 13 survive the end of these terms.
12. Warranty and liability
355 is free to download and play, and is provided "as is" and "as available". To the extent the law allows, we give no warranty that it will meet your expectations or be free of errors, beyond what mandatory consumer law provides; nothing in these terms limits your statutory rights as a consumer.
We are not liable for loss of coins, rankings or prizes caused by events outside our reasonable control (such as network failures, your device, or a prize provider's or mobile operator's systems), for indirect or consequential loss, or for loss that was not reasonably foreseeable. Our total liability to you for any claim related to the Service is limited to EUR 100. None of this limits or excludes our liability for death or personal injury caused by our negligence, for fraud, for damage caused intentionally or by gross negligence, or any other liability that cannot be limited under the law that applies to you.
13. Governing law and disputes
These terms are governed by Romanian law. If you are a consumer living in the European Union, you also keep the protection of the mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of your country or of Romania. Otherwise, the competent courts of Timișoara, Romania have jurisdiction.
Please contact us first: most problems can be solved by email. Consumers in Romania can also contact the Autoritatea Națională pentru Protecția Consumatorilor (ANPC, anpc.ro), including its alternative dispute resolution service.
14. Changes to these terms
We may update these terms, for example when the game or the law changes. We will change the date at the top and, for a change that materially affects you, tell you in the app or on play355.app at least 14 days before it takes effect. If you keep using 355 after that, the new terms apply; if you do not accept them, you can delete your account before they take effect.
15. Contact
Software Kit SRL, Rapsodiei nr. 1, Timișoara, Romania · admin@markosoft.ro · Contact page