Terms of Service
Effective Date: June 1, 2025 · Last Updated: June 1, 2025
1. Your Agreement
By playing Midnight Garden you accept these Terms of Service. They govern the relationship between you and Midnight Garden regarding the Game. If you disagree with any part of these Terms, please stop playing. We have made that easy by requiring nothing to exit.
2. The Game
Midnight Garden is a free, nocturnal browser arcade game. Night-blooming flowers, moons, and stars float down through a moonlit garden and you catch them in a watering can. Non-violent, no gambling, free, no account, local score only, 90-second sessions.
3. Licence to Play
Personal, non-exclusive, revocable licence for non-commercial play. URL sharing and non-commercial recordings permitted. Commercial use requires written agreement. No automated score manipulation, no server attacks, no code extraction without consent.
4. Fair Play and Prohibited Conduct
To keep Midnight Garden fair and available for everyone, the following are prohibited:
- Using bots, scripts, auto-clickers, memory editors, or any automated tool to manipulate gameplay or scores
- Attempting to access, probe, or disrupt our hosting infrastructure or any related system
- Reverse-engineering, decompiling, or extracting the Game's source code without our prior written consent
- Distributing the Game commercially or hosting it under your own brand without a separate written licence
- Using the Game in any way that harms other people or violates applicable law
5. Intellectual Property
Code and content owned by Midnight Garden's creators. Cinzel is open-licensed. Emoji are platform assets. Liability cap: €100 or zero. Indirect damages excluded. Disputes: negotiation, then arbitration or courts. One-year claim limit. These Terms and Privacy Policy form the full agreement.
6. Availability
Midnight Garden is provided on a best-efforts basis. We may update the Game, correct bugs, or temporarily take it offline for maintenance or infrastructure reasons. We will restore availability as quickly as possible following unplanned outages. We are not liable for losses arising from any period of unavailability, however caused.
7. Disclaimer and Liability
The Game is provided "as is" without warranty of any kind. We disclaim all implied warranties of merchantability, fitness for purpose, and non-infringement. Our total aggregate liability for any claim related to Midnight Garden is capped at €100 or the total amount you have paid us in the preceding twelve months — whichever is greater. Since the Game is free, this cap is ordinarily zero. We are not liable for indirect, incidental, consequential, special, or punitive damages of any kind.
Nothing in these Terms excludes liability that applicable law does not permit to be excluded.
8. Governing Law, Disputes, and Updates
These Terms are governed by applicable law without regard to conflict-of-law rules. Disputes should first be submitted to good-faith direct negotiation. If not resolved within 30 days, disputes proceed to binding arbitration or — where arbitration is not legally available — to courts of competent jurisdiction. Claims must be brought within one year of the relevant event.
We may update these Terms at any time by changing the effective date above. Continued play after an update constitutes acceptance. These Terms and the Privacy Policy form the entire agreement between you and Midnight Garden regarding Midnight Garden. If any provision is found unenforceable, the remainder continues in full effect.