TERMS OF USE

1. About These Terms

These Terms of Use ("Terms") apply to your download, access, and/or use of Inkadian LLC games, websites, discussion forums, and related services ("Services"), whether on your computer, mobile device, or any other platform. These Terms also apply to any other services we may provide in relation to the Games or Website, such as customer support, social media, in-app purchases, community channels, contests, tournaments, and other websites we may operate.

These Terms constitute a legal agreement between you and Inkadian LLC, a Delaware, USA company with its registered office at 1968 S. Coast Hwy, Suite 2066, Laguna Beach, CA 92651 ("Company," "we," "us," or "our"). By clicking "Accept," downloading, installing, accessing, or using our Services, you confirm that you have read and understood these Terms and agree to be bound by them.

FOR RESIDENTS IN THE USA: IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER AS DETAILED IN SECTION 19.

2. Age Requirements and Parental Consent

You must be at least 13 years old to use our Services. If you are between 13 and the age of majority in your jurisdiction, you are a "minor" and must have your parent or legal guardian review and agree to these Terms before you can use our Services.

If you are a parent or guardian consenting to these Terms for a minor, you agree to:

• Supervise the minor's use of our Services
• Be legally responsible for any actions taken in connection with the Services
• Familiarize yourself with any parental controls we offer and use them as appropriate
• Ensure the minor complies with these Terms

3. Right to Use the Services

Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted are subject to your compliance with these Terms.

The Services and their content are licensed, not sold. You have no ownership rights in the Services, including any Virtual Content (defined below) that appears in or originates from the Services.

4. Accounts and Login Information

Creating an Account

When using our Services, you may be asked to create an account ("Account"). You agree to:

• Take all steps necessary to protect your login details and keep them secret
• Not give your login details to anyone else or allow others to use your Account
• Provide true, accurate, and complete information

We will assume that anyone logging into your Account using your login details is you. You accept full responsibility for any unauthorized use of your Account.

Account Termination and Data Loss

We may delete your Account if no activity is conducted for 180 days or more. If your Account is deleted (by you or us), you may lose access to any data associated with your Account, including game progress, levels, scores, and Virtual Content. We have no obligation to reinstate deleted Accounts or compensate for lost data.

5. Virtual Content

Definition and License

Our Services may include virtual currencies, items, or services for use within our Services ("Virtual Content") that you may purchase with real money or earn through gameplay. Virtual Content is licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis solely for non-commercial use.

No Real-World Value

Virtual Content has no monetary value and cannot be exchanged for real money, real goods, or real services. Neither we nor any other entity has any obligation to exchange Virtual Content for anything of value. You do not own Virtual Content; instead, you purchase a limited license to use it.

Purchases and Refunds

All sales of Virtual Content are final and non-refundable, except where required by law. Prices for Virtual Content may change without notice. We reserve the right to limit the total amount of Virtual Content that can be purchased or held in your Account.

European Economic Area Rights

If you are a resident of the European Economic Area, you have the right to withdraw from purchases within 14 calendar days. However, when you purchase Virtual Content and we immediately supply it to you, you acknowledge that you will lose your statutory right to withdraw once you access and use the Virtual Content.

6. Code of Conduct

You agree that you will not:

Prohibited Uses

• Use the Services in violation of applicable law or regulation
• Use the Services for commercial purposes without authorization
• Create multiple Accounts to circumvent restrictions
• Share your Account or use false information to create an Account
• Use the Services to impersonate others or misrepresent your identity

Prohibited Content and Behavior

• Upload, transmit, or make available any content that is unlawful, harmful, harassing, defamatory, obscene, or otherwise objectionable
• Engage in toxic, abusive, or harassing behavior toward other users
• Post content that infringes intellectual property rights or violates privacy
• Transmit spam, advertising, or other unsolicited communications

Technical Violations

• Use cheats, exploits, automation software, bots, hacks, mods, or unauthorized third-party software
• Attempt to modify, reverse-engineer, decompile, or disassemble our Services
• Interfere with or disrupt our Services or servers
• Circumvent security measures or access controls
• Harvest or collect information about other users

Virtual Content Violations

• Sell, transfer, or trade Virtual Content outside the Services
• Gather in-game currency or items for sale outside the Services
• Perform in-game services for payment

7. User Content and Intellectual Property

Your Content

When you submit content through our Services ("User Content"), including gameplay recordings, messages, or other materials, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to use, modify, reproduce, distribute, and display your User Content for any purpose.

Our Intellectual Property

All rights, title, and interest in our Services, including copyrights, trademarks, and other intellectual property rights, are owned by or licensed to us. You may not copy, distribute, or create derivative works from our Services without our written consent.

Copyright Infringement

If you believe content on our Services infringes your copyright, please notify us with:

• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location
• Your contact information
• A statement of good faith belief that the use is unauthorized
• A statement that the information is accurate and that you are authorized to act

8. User Interactions and Safety

We do not monitor all user interactions but reserve the right to review, edit, or remove any content. You may be exposed to content that is offensive or inappropriate. We are not responsible for user conduct, but we provide reporting tools and moderation features.

You are solely responsible for your interactions with other users. We have no obligation to become involved in disputes between users.

9. Breach of Terms and Enforcement

If we reasonably believe you are in material breach of these Terms, we may:

• Delete, suspend, or modify your Account
• Suspend or terminate your access to the Services
• Remove or modify Virtual Content associated with your Account
• Reset game progression, levels, or scores

10. Availability and Changes to Services

We do not guarantee that our Services will be available at all times or error-free. We may change, update, or discontinue the Services or any part of them for various reasons, including:

• Technical maintenance or improvements
• Legal or regulatory requirements
• Economic reasons due to limited user engagement
• Security concerns

When significant changes are made, we will provide reasonable notice where possible.

11. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By using our Services, you consent to our data practices as described in our Privacy Policy.

12. Third-Party Services

Our Services may link to or integrate with third-party services. We do not endorse or control these third-party services. Your use of third-party services is subject to their own terms and conditions.

13. Disclaimers and Limitation of Liability

For Users in the European Economic Area

We provide our Services with professional diligence. We are liable for loss or damage only if it is caused by our breach of these Terms or is reasonably foreseeable. Nothing limits our liability for death, personal injury, fraud, or any liability that cannot be excluded by law.

For Users Outside the European Economic Area

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE LAST TWELVE MONTHS OR €100, WHICHEVER IS HIGHER.

Indemnification

You agree to defend and indemnify us from any claims arising from your use of our Services or breach of these Terms, except where prohibited by law.

14. Export Controls

You represent that you are not subject to sanctions or export restrictions and are not located in an embargoed country. You will not use our Services for prohibited end-uses.

15. Changes to These Terms

We reserve the right to update these Terms from time to time. We will notify you of significant changes to the Services or other relevant information through the Services or via other appropriate means. Your continued use of the Services after the changes take effect constitutes acceptance of the updated Terms.

16. Termination

Either party may terminate these Terms at any time. Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination will continue in effect.

17. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

18. Contact Information

For questions about these Terms, please contact us at:

19. Dispute Resolution (Binding Arbitration for US and Canada Residents)

This section applies to residents of the United States and Canada.

Agreement to Arbitrate

You and we agree that disputes arising from these Terms or the Services will be resolved through binding individual arbitration, not in court before a judge or jury. This includes claims for breach of contract, tort, and statutory violations.

Pre-Arbitration Requirements

Before initiating arbitration, you must send a written Notice of Dispute to inquiry@inkadian.com, including:

• Your name and contact information
• Detailed description of the dispute
• Relief sought
• Supporting evidence

We will attempt to resolve the dispute informally for 60 days after receiving the Notice.

Arbitration Procedures

If informal resolution fails, arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in English, with hearings held virtually unless an in-person hearing is necessary for a fair process.

Class Action Waiver

YOU AND WE AGREE THAT ARBITRATION WILL PROCEED ON AN INDIVIDUAL BASIS ONLY. NEITHER PARTY MAY BRING CLAIMS AS PART OF A CLASS ACTION, REPRESENTATIVE ACTION, OR OTHER COLLECTIVE PROCEEDING.

Exceptions

The following disputes are not subject to arbitration:

• Intellectual property disputes
• Claims in small claims court
• Claims for public injunctive relief

Opt-Out Right

You may opt out of this arbitration provision by sending written notice to Inkadian LLC, 1968 S. Coast Hwy, Suite 2066, Laguna Beach, CA 92651, within 30 days of first accepting these Terms.