Effective from: 14 September 2026
Version: 1.1
These Terms of Service (the "Terms") govern the relationship between:
Cosmo Srls, registered office at Via Fiume Giallo 362, 00144 Roma (RM), Italia, VAT no. IT14795571000, e-mail comida.giampaolo@gmail.com ("we", "us", "the Provider")
and the individual who downloads, installs or uses the mobile application Zenary Sudoku ("you", "the User", "the App").
By downloading, installing or using the App you confirm that you have read these Terms and accept them in full. If you do not accept them, do not install the App, and uninstall it if you already have.
The App is intended for users aged 13 or over. If you are under 18, you may use the App only with the consent of a parent or guardian, who is responsible for supervising your use. For the rules on processing minors' data, see the Privacy Policy (https://zenary.cosmocomunicazione.it/privacy).
The App is distributed through the Apple App Store and Google Play. These Terms are an agreement between you and us, not with Apple or Google. Your use of the App is additionally subject to the relevant store's own terms, which prevail over these Terms in respect of your relationship with that store. See also Annex A.
Zenary Sudoku is a Sudoku game for mobile devices, from 4×4 to 16×16, with six difficulty levels. The App generates its own puzzles using a proprietary algorithm and can be played without an internet connection.
Alongside solo play, the App offers an online service running on servers of ours:
battle of up to ten players;
The App is free and is funded solely by advertising. There are no in-app purchases: you are not asked, and cannot be asked, to pay anything to use the App or to unlock features.
The processing of data that the online service entails is described in the Privacy Policy (https://zenary.cosmocomunicazione.it/privacy), which forms an integral part of the relationship between you and us.
We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable and royalty-free licence to install and use the App on devices you own or control, and to access the online service that accompanies it, for personal, non-commercial purposes only, in accordance with these Terms and the usage rules of the store you downloaded the App from.
The App is licensed to you, not sold. All intellectual property rights in the App and in the service — source and object code, the puzzle-generation algorithm, the interface, graphics, icons, animations, sounds, text, trade marks, name and logo — remain the property of Cosmo Srls or its licensors. You are granted no rights other than those expressly set out in these Terms.
The rules of Sudoku are in the public domain and we claim no rights over them.
The App incorporates third-party software libraries, including open-source libraries, each subject to its own licence. A list of components and their licences can be requested at any time by writing to comida.giampaolo@gmail.com, and we will send it to you. In the event of conflict, the licence terms applicable to a given component prevail for that component.
On first launch the App creates an anonymous identity for you: we ask you nothing and you do not have to register. You may, if you wish, attach an e-mail address and a password so you can find the same profile on another device. That is optional.
If you do not attach an e-mail address, the profile lives on the device. If you lose, replace or reset the phone you lose access to that profile, and we have no way of giving it back to you: not knowing who you are, we cannot tell you apart from anyone else claiming the same profile. We say so here, in advance, because it is the direct consequence of a privacy choice made in your favour.
If you do attach an e-mail address, you are responsible for keeping your password confidential and for activity carried out through your profile. If you suspect unauthorised access, change the password — doing so ends every open session — and write to us at comida.giampaolo@gmail.com.
Your nickname and avatar are public: they appear in leaderboards and your opponents see them.
You agree not to choose a nickname that: is offensive, vulgar, discriminatory, obscene, violent or hateful; infringes anyone's rights, including trade marks and the names of real people; passes you off as someone else, as a member of our staff or as an authority; contains personal data of yours or of others, references to substances or content unsuitable for an audience of thirteen-year-olds, or addresses and invitations to other services.
An automatic filter rejects the most obvious cases, but a filter is not moderation: we may refuse, change or clear a nickname that breaches these rules, telling you so in the App. The avatar is assembled from pieces we supply: no images can be uploaded, so the question does not arise.
You agree not to do, and not to allow anyone else to do, any of the following:
(a) Intellectual property
any part of it available to the public;
law (§ 5-bis);
(b) Code and technical integrity
or algorithms of the App, save as mandatorily permitted by law (§ 5-bis);
timers, consent-verification mechanisms or any security feature;
manipulated environments in order to alter how it behaves;
(c) The online service and the leaderboards
by any means: tampering with the data sent, using automatic solvers, scripts, bots, emulators or tools that play on your behalf;
circumvent rate limits, or create profiles in bulk;
yours;
A leaderboard only means something if the results are real. Someone who submits false results does not harm us: they harm every other player, who actually played. That is why point 9 is treated as a serious violation. The server independently recomputes the results it receives (see § 7.3).
(d) Advertising
any means, including the use of emulators, scripts, bots, VPNs or proxy servers to distort advertising metrics;
being served;
them to us.
Fraudulent ad traffic does not just harm us: it can get our advertising account suspended, and that ends the service for every user. This is why breach of points 13-15 is treated as a serious violation.
(e) General use
sanctions rules;
interferes with other users' experience;
The restrictions in points 2 and 5 do not apply, and are of no effect, to the extent that mandatory law permits you to act. In particular, and without needing any authorisation from us:
principles underlying it, while performing acts of loading, displaying, running, transmitting or storing that you are entitled to perform, is unaffected (Article 5(3) of Directive 2009/24/EC; Article 64-ter(3) of Italian Law 633/1941);
Directive 2009/24/EC (Article 64-quater of Italian Law 633/1941), where reproduction of the code is indispensable to obtain the information necessary to achieve interoperability** with other programs, is unaffected;
Any agreement to the contrary is void by express provision of law. We have chosen to write this here rather than leave it implicit, because a clause purporting to ban reverse engineering absolutely would, to that extent, be unenforceable, and we would rather our Terms said what is true.
This section is about friends, challenges, quick matches and battles. Read it: they are the only situations in which your behaviour touches somebody else.
You become friends by exchanging a code and accepting the request. There is no search by nickname: nobody can find you unless you give them your code, and that choice is deliberate (§ 9 of the Privacy Policy).
or send you requests.
is your nickname (§ 4.2).
In a friend challenge, a quick match and a battle, for the duration of the match your opponents see live: the percentage of the grid you have completed, the number of mistakes you have made, whether you have finished and in which position, plus your nickname and avatar.
They do not see the digits you enter, nor your pencil marks. If you do not want to share anything live, play solo or do the daily challenge: neither transmits anything to other players.
A shared match is synchronous: there is someone on the other side, waiting. Therefore:
reconnection window, the challenge is awarded to the other player. The App tells you before letting you leave.
are also eliminated by exceeding the maximum number of mistakes, by losing your connection, or by being last as time passes: those are the rules of the game, the same for everyone.
returned when the match never took place (§ 7.2).
We apply no further penalty — no suspension, no negative score — to someone who abandons a match: the consequence is the one just described, and it ends there. Abandoning other people's matches systematically and by automated means, on the other hand, falls under § 5(e), point 17.
If a battle does not gather enough human players within the waiting time, the table may be filled with computer-generated opponents. They are always declared as such in the interface, with a label next to the name, before and during the match: we do not present them as people and we do not pretend they are. A battle may therefore run with few human players, or with you alone among simulated opponents, and in that case you see it stated.
Simulated opponents do not appear in the leaderboards and do not affect other players' results.
If a nickname strikes you as offensive or unsuitable, or a behaviour as unfair, tell us at comida.giampaolo@gmail.com, giving the nickname and, if possible, when you came across it. We look at reports and act in accordance with § 12. In the meantime the immediate, always-available tool is blocking.
This section matters. Please read it.
battle.
compulsory. There is a daily cap on videos (currently ten), beyond which the waiting route remains.
If you start a user-to-user match and the match does not take place — the waiting room does not fill, the challenge expires without the opponent answering, the connection drops before the start — your credit is returned. We do not charge you for a game you did not play.
The credit is not returned once the match has begun: if you leave, if you lose, if you disconnect after the start, that credit has been spent. The App tells you so before letting you leave.
The results the App sends to our server are verified: the server regenerates the puzzle from the seed and recomputes the score independently. An impossible result does not enter the leaderboard. A result that is suspicious but possible stands, and is recorded to be looked at.
We reserve the right to remove from a leaderboard results obtained in breach of § 5(c), and to reset the scores of a profile that has accumulated them that way.
Game credits (however labelled in the interface: "games", "lives", "credits", "unlocks"):
represent no monetary value whatsoever;
there is no price for them;
of the App governing how many games you may start at a given moment;
benefit, inside or outside the App;
replacement or loss of the device, or discontinuation of the service.
The same holds for scores, leaderboard positions and statistics: they are the outcome of playing, not goods, they have no economic value and they are not transferable.
We reserve the right, at any time and without any entitlement on your part to compensation, refund or damages, to:
any inside the game screen**;
Material adverse changes to the mechanic — for example fewer games available or a longer wait — will be notified to you inside the App on the first launch after the change.
If a change does not suit you, your remedy is to uninstall the App. Because the service is free and the credits have no economic value, no compensation is due to you.
The App shows advertisements supplied by Google AdMob, in the single form of a rewarded video you choose to watch. There is no advertising inside the game screen.
We do not select individual ads and do not control their content. We are not responsible for the products, services, offers or claims contained in advertisements, nor for advertisers' conduct. If an ad appears to you inappropriate, misleading or unlawful, report it to comida.giampaolo@gmail.com: we will pass the report to Google, which is the party able to act on it.
Processing of data for advertising purposes is described in the Privacy Policy (https://zenary.cosmocomunicazione.it/privacy) and requires your consent, which you may withdraw at any time from the App's settings.
The App and the online service are provided as they are and in the version available from time to time. We do not warrant that they will always be available, uninterrupted or error-free.
We may at any time and at our discretion:
If we permanently discontinue the service, we undertake to give reasonable advance notice through the store listing and, where technically possible, inside the App, telling you by when you can request a copy of your data (§ 8 of the Privacy Policy). Solo play would keep working without the online service; leaderboards, community statistics, friends and user-to-user matches would not.
The online features require an internet connection, the cost of which is yours under your contract with your network operator. The game itself works offline, and results produced offline are sent once the connection is back.
If you do not install updates, some features may stop working properly: in particular, we may refuse results produced by versions of the App that are too old, because we cannot verify them reliably.
To the maximum extent permitted by applicable law, the App is provided "AS IS" and "AS AVAILABLE", without any contractual warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, freedom from defects, continuity of service, accuracy of content or non-infringement of third-party rights.
In particular we do not warrant that: the App will meet your requirements; operation will be uninterrupted or error-free; defects will be corrected; the App is compatible with every device, operating-system version or configuration; advertisements will always load correctly; user-to-user matches will always find an opponent or finish without a network interruption; push notifications will always be delivered, depending as they do on Apple and Google services we do not control.
The disclaimers in § 9.1 do not apply, and nothing in these Terms limits or excludes:
(Legislative Decree 206/2005) and under Directive (EU) 2019/770 on contracts for the supply of digital content and digital services as implemented in your jurisdiction;
⚠️ Note for the company — do not delete this carelessly. Directive (EU) 2019/770 applies also to contracts where the consumer does not pay a price but provides personal data. Since the App is free and its model rests on consent to data processing for advertising, that regime may well apply, bringing with it conformity obligations for digital content and remedies for lack of conformity. This is why the warranty disclaimer is drafted with the reservation in § 9.2 rather than in absolute terms. This specific point warrants a check with a lawyer.
To the maximum extent permitted by law, and subject entirely to the exceptions in § 10.2, we will not be liable for:
goodwill, reputational harm;
cause, including uninstalling the App, resetting or replacing the device, running out of storage, device failure or an operating-system update. Games in progress, local statistics and credits have no copy on our servers: if you attach an e-mail address to your profile you can find your profile, submitted results, leaderboard places and friends again on another phone, but not the game you were playing;
have not attached an e-mail address (§ 4.1);
from advertisements not being served and the consequent failure to unlock games, from a push notification not delivered or delivered late, or from the outcome of a user-to-user match affected by a connection problem of yours or of your opponent's;
Nothing in this section excludes or limits our liability for wilful misconduct or gross negligence, for death or personal injury, for defective products, nor any mandatory consumer rights. Under the Italian Consumer Code, clauses excluding or limiting a trader's liability for death or personal injury, or for non-performance, are presumed unfair in consumer contracts and do not apply to that extent.
If, notwithstanding the above, we are found liable, and only to the extent a limitation is legally permissible, our liability will in any event be capped at EUR 50.00, an amount set in view of the fact that the App is supplied free of charge and that you have paid nothing.
You agree to indemnify and hold us harmless from claims, damages, costs and reasonable legal fees arising from your use of the App in breach of §§ 4, 5 or 6 or of the law, or from your infringement of third-party rights. We will notify you promptly of any such claim and will not settle without consulting you. This clause does not apply to the extent the claim arises from our own breach.
These Terms apply for as long as the App remains installed on your device or you use the online service.
You may terminate at any time by uninstalling the App. If you also want your data gone from our server, use Settings → Your data → Delete my data first: uninstalling on its own does not erase what you have already sent. Nothing is owed to you and nothing is owed by you.
We may suspend or revoke the licence and access to the service with immediate effect in the event of serious or repeated breach of §§ 4, 5 or 6 — in particular § 5(c) and § 5(d), on false results and advertising fraud. Depending on the seriousness we may, in increasing order:
We choose the measure proportionate to the breach, and we tell you in the App where that is technically possible. If you believe the decision is wrong, write to us at comida.giampaolo@gmail.com: we will review it and reply. A suspension does not deprive you of your rights over your personal data, which remain exercisable as described in the Privacy Policy.
Termination does not affect rights and obligations already accrued. §§ 3.2, 5, 7.4, 9, 10, 11, 15 and 16 survive termination.
We may amend these Terms for objectively justified reasons, such as: changes to the App, to the online service or to its operating model; changes in law; changes to store or advertising-provider policies; security reasons; correction of clerical errors.
How we do it:
conduct rules, the limitation of liability or the governing jurisdiction — we will give notice inside the App, with reasonable advance notice and in any event not less than 15 days before the change takes effect;
cost or penalty.
Changes have no retroactive effect and do not apply to disputes already arisen.
Notices to us should be sent to comida.giampaolo@gmail.com. Notices to you are given by in-app notice or by publication on the store listing; if you have attached an e-mail address to your profile, we may use it for account-related messages (verification, password reset, measures concerning you). If you have not, we hold no address for you and cannot contact you individually.
These Terms are governed by Italian law.
If you are a consumer resident in the European Union, that choice does not deprive you of the protection afforded by the mandatory provisions of the law of the country where you habitually reside, pursuant to Article 6(2) of Regulation (EC) No 593/2008 ("Rome I").
place where you are resident or domiciled, under the Italian Consumer Code and — for cross-border disputes within the EU — Articles 17 to 19 of Regulation (EU) No 1215/2012 ("Brussels I recast")**. You may also bring proceedings against us in the courts of our domicile if you prefer.
Roma, Italy, have exclusive jurisdiction.
If you are a consumer resident in the European Union, before going to court you may apply to an alternative dispute resolution (ADR) body listed under the applicable national implementation of Directive 2013/11/EU.
ℹ️ Note: the European ODR platform was shut down by the European Commission during 2025. The references to ec.europa.eu/consumers/odr found in many circulating terms-of-service templates must no longer be included, as they point to a service that no longer exists.
If you reside in the United States, nothing in this section deprives you of the mandatory rights granted by the law of your state of residence, including consumer protections.
16.1 Severability. If any provision of these Terms is held void, invalid or unenforceable, it is deemed not to have been included and the remaining provisions remain in full force. The void provision is replaced by operation of law by the applicable statutory rule.
16.2 No waiver. Failure or delay in exercising a right does not constitute a waiver of it.
16.3 Assignment. You may not assign your rights or obligations under these Terms, nor your profile. We may assign them to a third party in the event of a sale of the business, merger, demerger or similar corporate transaction, on notice in the App; assignment may not worsen your position.
16.4 Entire agreement. These Terms, together with the Privacy Policy and the third-party licence terms referred to in § 3.3, constitute the entire agreement between you and us regarding the App and the service.
16.5 Language. These Terms exist in Italian and English. In the event of discrepancy, the Italian version prevails for users resident in Italy; for other users, the version in the language in which the App was presented to them prevails.
16.6 Version history.
| Version | Date | Changes |
|---|---|---|
| 1.0 | 13 September 2026 | First publication |
| 1.1 | 14 September 2026 | Substantial rewrite. Version 1.0 described an App with no server, no profile and no user-to-user features. Added: a description of the online service (§ 2), the profile, anonymous identity and optional account, nickname rules (§ 4), prohibitions covering false results and the online service (§ 5(c)), and a new chapter on the user-to-user features — friendships by code, what opponents see, the consequences of abandoning a match, declared simulated opponents, reporting (§ 6). The game economy rewritten: 3 games covering every mode, a free recharge after two hours or a rewarded video, the daily challenge always free, credit returned when the match does not take place (§ 7). Availability (§ 8), warranties (§ 9), limitation of liability (§ 10) and proportionate measures for breaches (§ 12) updated. Later sections renumbered |
This annex reproduces the minimum terms Apple contractually requires from a developer who publishes their own end-user licence agreement instead of relying on Apple's standard Licensed Application End User License Agreement. Do not remove.
A.1 The parties. These Terms are concluded solely between you and Cosmo Srls, not with Apple Inc. Cosmo Srls alone is responsible for the App and its content.
A.2 Scope of licence. The licence granted for the App is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in Apple's Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
A.3 Maintenance and support. Cosmo Srls is solely responsible for providing any maintenance and support services in respect of the App. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
A.4 Warranty. Cosmo Srls is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As the App is supplied free of charge, there is no purchase price to refund.
A.5 Product claims. Cosmo Srls, and not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, including in connection with the App's use of the HealthKit and HomeKit frameworks, which this App does not use.
A.6 Intellectual property rights. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Cosmo Srls, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim.
A.7 Legal compliance. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
A.8 Developer contact information. For questions, complaints or claims concerning the App you may contact Cosmo Srls, Via Fiume Giallo 362, 00144 Roma (RM), Italia, comida.giampaolo@gmail.com.
A.9 Third-party terms of agreement. You must comply with applicable third-party terms of agreement when using the App, including your wireless data service agreement.
A.10 Apple as third-party beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Cosmo Srls Via Fiume Giallo 362, 00144 Roma (RM), Italia — VAT IT14795571000 comida.giampaolo@gmail.com — https://zenary.cosmocomunicazione.it
Updated on 14 September 2026, on the basis of the product model described (free app, no in-app purchases, an online service with a profile and user-to-user features, non-purchasable game credits, sole monetisation through AdMob rewarded ads) and of a review of the source code of the application and the server carried out on the same date. This does not constitute and does not replace signed legal advice. Three points are flagged to the company for review with a lawyer: (a) the possible application of Directive (EU) 2019/770 to a digital content supply contract where the counter-performance consists of personal data (§ 9.2); (b) the drafting of the limitation of liability clause against mandatory consumer protection rules (§ 10); and (c) the obligations that the presence of user-to-user features and user-chosen content — even limited to a nickname — entails under Regulation (EU) 2022/2065 (Digital Services Act) for hosting service providers, in particular a reporting channel and a statement of reasons for measures taken (§§ 6.5 and 12). If in-app purchases, subscriptions, a chat or image uploads are introduced, §§ 4, 6, 7, 9, 10 and 12 must be rewritten.