These Terms of Service (the “Terms”) and our Privacy Policy govern your relationship with Arcloom. (“Studio,” “we,” “us,” or “our”) and apply to your use of our Services. The term “Services” refers to our web store (if applicable), mobile applications, games, related services, content, and any additional features, products, or services we may offer through the Services.

Before using our Services, please read these Terms and our Privacy Policy carefully. These Terms outline the conditions that apply when you access or use the Services. By using the Services, and by continuing to use them after any updates to these Terms, you confirm that you have read, understood, and agreed to these Terms, including any provisions that limit or exclude liabilities. Additionally, our Privacy Policy explains how we collect, use, disclose, share, and process your personal information when providing the Services, as well as your rights and choices regarding your data. If you do not agree to these Terms or do not wish for us to handle your information as described in our Privacy Policy, you must not use the Services (or stop using them if you have already started).

To use the Services, you must be at least 13 years old and have reached the age of majority in your jurisdiction. If you are under 18 or below the age of majority where you reside, your legal guardian must consent to your use of the Services. As outlined below, these Terms are governed by United States law, and the Services may be subject to U.S. export controls. You may not use the services if the U.S. law or other applicable laws prohibit you from receiving products, including services or software, from the United States.

We do not guarantee that:
1. The Service will meet your specific requirements;
2. The Service will be uninterrupted, timely, secure, or free from errors;
3. Any results obtained from using the Service will be accurate or reliable; or
4. Any products, services, information, or other materials purchased or obtained through the Service will meet your expectations or provide any benefit.

By using the Service, you represent and warrant to the Company that:
1. All information you submit is truthful and accurate;
2. Your use of the Service complies with all applicable laws, regulations, and these Terms.

The Company reserves the right to suspend or terminate your access to the Service, with or without notice, if you breach these Terms. The Service may be modified, updated, interrupted, or suspended at any time without notice or liability to you.

You are solely responsible for obtaining the necessary equipment and telecommunication services to access the Service, including any associated fees (e.g., computing devices, Internet service, and airtime charges).

We may implement changes to the Service (including free or paid features) at any time, with or without notice. You acknowledge that certain actions by the Company may temporarily or permanently affect your access to the Service, and you agree that the Company is not responsible or liable for any such actions or their consequences, including the deletion or unavailability of content or services.

Your access to and use of the Service is at your own risk. The Company is not responsible for any harm to your computing system, loss of data, or other harm to you or any third party resulting from your use of the Service or reliance on any information provided.

The Company is not obligated to provide customer support but may do so at its sole discretion.

Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable license (without the right to sublicense) to:
1. Use the Service for personal, non-commercial purposes;
2. Install and use the App on your personal mobile device (e.g., iPhone, Android) for personal, non-commercial purposes.

You agree that your use of the Service will comply with the above license and restrictions, and will not infringe the rights of any third party or violate any laws, regulations, or contractual obligations. You are solely responsible for any violations of such laws.

All text, images, logos, compilations, data, content, software, and materials displayed on or used to operate the Service (excluding User Content, as defined below) are proprietary to the Company or third parties. The Company reserves all rights, including intellectual property rights, in these materials. Any unauthorized use, redistribution, sale, decompilation, reverse engineering, or exploitation of these materials is strictly prohibited.

The information you submit during registration (if applicable) and any data, text, or other material you post to the Service (“User Content”) remain your intellectual property. However, the Company may retain copies of such information and User Content as reasonably necessary to operate the Service, as described in these Terms and the Privacy Policy.

You grant the Company a non-exclusive, worldwide, transferable, perpetual, and irrevocable right to publish, distribute, and display User Content in connection with the Service.

Each user is solely responsible for their User Content. The Company does not control User Content and makes no guarantees regarding its accuracy, suitability, or quality. Your interactions with other users are solely between you and them, and the Company is not responsible for any loss or damage resulting from such interactions. If a dispute arises between you and another user, the Company is under no obligation to intervene.

Subject to your compliance with this Agreement, we grant you a non-exclusive, non-transferable, non-sharable, revocable, and limited license to use the Services (including any associated Software) solely for your personal, non-commercial use, in accordance with the terms of this Agreement.

We reserve the right to immediately terminate this license without liability to you if you violate any terms of this Agreement.

The Services include content owned by us and/or our licensors, protected by copyright, trademark, and other intellectual property laws. We retain all rights, including intellectual property rights, in the Services. You may not use the Services or any intellectual property within the Services in a way that infringes our rights or those of our licensors.

You are prohibited from creating, modifying, adapting, reverse engineering, recompiling, reproducing, publishing, or distributing any derivative works of the software, utilities, applications, simulators, tools, files, or intellectual property used to provide the Services, except as expressly permitted by this Agreement or applicable law, including relevant open-source licenses.

You may not sell, auction, trade, sublicense, rent, lease, loan, or transfer any Account, character, Game Resources, or copyrighted material, except as expressly allowed under Clause 6.

Additionally, you may not sublicense, rent, lease, loan, sell, auction, trade, or otherwise transfer the Software for profit.

You agree not to use the Services or your Account for any illegal purposes under applicable laws and regulations.

While using the Service, you may earn, win, or purchase virtual in-game items, such as game credits, virtual coins, tokens, points, or other prizes (“Virtual Items”), using real-world money.

You are not obligated to purchase any Virtual Items at any time. Please note that you do not own or have any legal rights to the Virtual Items that appear or originate in any Game, whether earned through gameplay or purchased. Virtual Items are licensed to you by us for personal, non-commercial use within the Game. You are prohibited from buying, selling, or trading Virtual Items outside the Service, or attempting to sell anything from the Service in the real world. Any such attempts will be considered invalid and may result in the termination of your account and potential legal action.

You may trade Virtual Items within a Game only if expressly permitted by the Game’s rules, and never for real-world money or other consideration. Except for the limited, personal, revocable, non-transferable, and non-sublicensable license to use Virtual Items within the Service, you have no ownership or rights to these items. We reserve the right to manage, regulate, control, modify, or delete Virtual Items at our sole discretion, without liability to you or any third party. We may also revoke your license to use or associate Virtual Items with your Account at any time, without notice. Prices and availability of Virtual Items are subject to change without prior notice.

Virtual Items may only be held by legal residents of jurisdictions where access to and use of the Games are permitted. Virtual Items can only be purchased or acquired through our Web Store or the applicable Platform (e.g., Google Play Store or Apple App Store). We reserve the right to deny any request to purchase or acquire Virtual Items for any reason. Once purchased, Virtual Items will remain in your Account until used or removed by us.

The terms and conditions of the Platform from which you purchase Virtual Items will apply to your purchase. Usage rights may vary depending on the item. If you are unsure about usage rights, please review the Platform’s terms before making a purchase.

When purchasing Virtual Items, you agree to pay all applicable charges, including taxes, through the relevant store. If your payment transaction fails, your purchase will not be fulfilled. Upon successful payment, we will fulfill your order as soon as possible, typically immediately at the point of purchase.

If you do not link your Game to an Account (directly or through a social network account), we will not be able to restore any Virtual Items (whether purchased, earned, or awarded) or other gameplay data to a different device, even if your original device is lost or damaged. We are not liable for any loss or deletion of Virtual Items or gameplay data from devices not connected to an Account.

To enhance the gaming environment and user experience, our Games may include non-human characters or agents controlled by computer algorithms.

If you access the Service through a third-party website, application, social network, platform, or store (referred to as the “Platform”), you must comply with the terms of service or use of that Platform (the “Platform Terms”) in addition to these Terms. The Platform’s privacy policy will govern any interactions you have with the Platform. The Platform Terms are incorporated into these Terms by reference, meaning that any violation of the Platform Terms by you will also be considered a violation of these Terms. If there is a conflict between these Terms and the Platform Terms, the Platform Terms will take precedence, but only to the extent that the conflict relates to the rights or obligations of the Platform and not to ours.

If you downloaded the Service from Apple, Inc.'s (“Apple”) App Store or are using the Service on an iOS device, you acknowledge and agree to the following notice regarding Apple: This Agreement is solely between you and Moon Active, not Apple. Apple is not responsible for the Service or its content and has no obligation to provide maintenance or support for the Service. If the Service fails to comply with any applicable warranty, you may notify Apple, and Apple may refund the purchase price of the App to you. To the fullest extent permitted by law, Apple has no other warranty obligations related to the Service. Apple is not responsible for addressing any claims you or a third party may have regarding the Service, including but not limited to: (1) product liability claims; (2) claims that the Service does not meet legal or regulatory requirements; and (3) claims under consumer protection or similar laws. Apple is also not responsible for investigating, defending, settling, or resolving any third-party claims that the Service infringes intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of these Terms, Apple has the right to enforce this Agreement against you as a third-party beneficiary.

You represent and warrant that:
(1) you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist-supporting” country by the U.S. Government; and
(2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Our linking to third-party sites or partnerships with third parties for the provision of the Services does not imply endorsement, guarantee, approval, or sponsorship of such third parties, or the information, products, or services they offer. We do not warrant that third-party sites or their programs will be free from viruses or other harmful components that may affect your device. Additionally, we do not control the information, products, or services provided by third parties, nor their business practices or policies.

You acknowledge that content and materials on the internet may be created and maintained by third parties (such as user message boards) and that some of this content may be sexually explicit, obscene, offensive, or illegal.

In no event shall we be liable, directly or indirectly, for the conduct of any third party or for any materials, information, products, or services provided by third parties, whether such third parties are other users, service providers, vendors, or operators of external sites. You assume full responsibility and risk for your use of the services and the internet in general, including any obligations arising from your dealings with third parties. We disclaim all responsibility for content contained in third-party materials accessed through hyperlinks or other means, as well as for any third-party products or services.

The Service may offer subscription options that automatically renew. Before starting a trial or purchasing an auto-renewing subscription, please review these Terms and Conditions of Use carefully. To avoid being charged, you must actively cancel your subscription or trial through your app store’s account settings at least 24 hours before the trial or current subscription period ends.

If you are unsure how to cancel a subscription or trial, you can refer to the support pages of your app store, such as Apple Support or Google Play Help. Please note that deleting the app does not cancel your subscription or trial. We recommend taking a screenshot of this information for future reference.

For certain Games offered on a subscription basis, you will be informed of the price, duration, and applicable terms before purchase, as well as the amount and date of upcoming renewal payments both within the relevant Game and your respective store account. To cancel your subscription, follow the instructions provided within the game. Unless otherwise stated, cancellations will take effect at the end of the then-current subscription term.

Purchases of Virtual Items are final and non-refundable, non-transferable, and non-exchangeable, unless otherwise stated at our discretion. Refund requests must be directed to the Platform through which the purchase was made or, if purchased through our Web Store, to support@arcloom.com.

Purchases made through a Platform are also subject to the Platform’s refund and return policies.

You agree to notify us of any billing issues or discrepancies within 30 days of the purchase date. Failure to do so will result in the waiver of your right to dispute such issues. You are responsible for reimbursing us for any reversals, charge-backs, claims, fees, fines, penalties, or other liabilities incurred by us (including related costs and expenses) resulting from payments authorized or accepted using your Login Information, even if unauthorized by you.

If a charge authorized by you or using your Login Information cannot be processed, is returned, or remains unpaid, we may suspend or terminate your Account. In such cases, you must immediately remit payment for the charge through any available payment method. If your Login Information is compromised, notify us immediately, and we will use commercially reasonable efforts to reverse unauthorized charges. If the compromise results from our negligence or breach of these Terms, we will reimburse you for any resulting loss, provided you notify us promptly as required.

In cases of fraudulent or suspicious purchases, or an excessive number of reversals, charge-backs, or disputes, we reserve the right to suspend or terminate your access to the Web Store, in addition to any other rights and remedies under these Terms.

For Web Store Purchases Only: Residents of the European Economic Area, United Kingdom, and Switzerland who purchase through our Web Store may request refunds within 14 days of purchase, provided none of the Virtual Items purchased in the transaction have been used in the relevant Game, and all gameplay of the relevant Game is discontinued from the time of purchase until the refund request is processed. We will process refund requests as promptly as reasonably possible.

We provide the Software, Account, Services, Promotion Program, Free Game Resources, Premium Game Resources, and all other services on an “AS IS” basis. We expressly disclaim all warranties or conditions of any kind, whether written or oral, express, implied, or statutory, including but not limited to implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose.

Without limiting the above, we do not warrant or represent that the Software, Account, Services, Promotion Program, Free Game Resources, Premium Game Resources, or other services will meet your requirements, or that their operation will be uninterrupted, error-free, continuous, secure, or virus-free. We do not guarantee that any defects in the Software, Account, Services, Promotion Program, Free Game Resources, Premium Game Resources, or other services will be corrected.

We make no representations regarding the correctness, accuracy, quality, reliability, or suitability of the Software, Account, Services, Promotion Program, Free Game Resources, Premium Game Resources, or any related documentation for any particular task or application. No oral or written information or advice provided by us or our authorized representatives shall create a warranty or expand the scope of this warranty.

You are solely responsible for and assume all risks associated with the use of the Software, Account, Services, Promotion Program, Free Game Resources, Premium Game Resources, and all other services. You should not use these services in high-risk activities where substantial damage could result from errors. We do not warrant that our security procedures will prevent the loss or unauthorized access to your data. We are not responsible for transmission errors, data corruption, or security breaches over telecommunication lines, nor for any foul or unfair play, breaches of this Agreement by users, or loss of Game Resources, records, or other data (including but not limited to losses due to prohibited trading activities).

If we choose to grant any awards or prizes (whether through marketing activities, events, or otherwise), we reserve the right to substitute or withhold such awards or prizes for any reason at our sole discretion. In the event of any controversy, conflict, or dispute regarding an award, prize, or the results of any activity or event (including system display errors), our decision shall be final and binding.

In no event shall we (including our affiliates) be liable to you or any third party for any lost profits, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these Terms or your use of, or inability to use, the Service (including the App, Content, or third-party ads), even if we have been advised of the possibility of such damages. Your access to and use of the Service (including the App, Content, User Content, and third-party ads) are at your own discretion and risk, and you are solely responsible for any damage to your computing system or loss of data resulting therefrom.

Notwithstanding anything to the contrary in these Terms, you agree that our aggregate liability to you for any claims arising from the use of the App, Content, or Service is limited to the amounts you have paid to us for access to and use of the Service. The limitations of damages outlined above are fundamental elements of the basis of the agreement between us and you.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. You may also have additional legal rights that vary by jurisdiction.

If you need to send a notice under these Terms or have any questions about the Service, please contact us at: support@arcloom.com.

I HAVE READ THESE TERMS AND AGREE TO ALL THE PROVISIONS CONTAINED ABOVE.