Terms of Service

Welcome

These Terms of Service ("Terms") govern your access to and use of the mobile games, websites, and related services (collectively, the "Services") provided by Uncaptured Co ("we," "us," or "our").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. By downloading, installing, accessing, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Services.

If you are under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

1. Right to Use the Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your personal, non-commercial entertainment purposes.

The Services and all content therein, including but not limited to games, graphics, artwork, sounds, music, characters, gameplay elements, code, and text, are owned by or licensed to Uncaptured Co and are protected by copyright, trademark, and other intellectual property laws.

You do not acquire any ownership rights in our Services. Except as expressly permitted, you may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from our Services.

2. Game Data and Progress

Our games do not require you to create an account or log in. Game progress is stored locally on your device.

Game Progress: We are not obligated to maintain your game progress indefinitely. Game data may be lost due to:

• Uninstalling or reinstalling the game
• Clearing app data or cache
• Changing or resetting your device
• Technical issues or bugs
• Discontinuation of the game

We are not responsible for any loss of game progress or data stored on your device.

3. Code of Conduct

You agree not to engage in any of the following prohibited activities:

• Cheating: Using or distributing cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software that modifies or interferes with the Services.
• Fraud: Engaging in any fraudulent or deceptive activity, including attempting to obtain unauthorized access to accounts, virtual items, or services.
• Illegal Activity: Using the Services for any unlawful purpose or in violation of any applicable laws or regulations.
• Harassment: Harassing, abusing, threatening, or bullying other users.
• Offensive Content: Transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Impersonation: Impersonating any person or entity, or falsely claiming affiliation with any person or entity.
• Commercial Use: Using the Services for any commercial purpose without our express written consent, including advertising, selling, or soliciting.
• Interference: Disrupting, interfering with, or overburdening the Services or servers, or attempting to gain unauthorized access to any systems or networks.
• Reverse Engineering: Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Services.
• Data Mining: Collecting or harvesting any information about other users without their consent.

Violation of this Code of Conduct may result in warnings, temporary suspension, permanent ban, or other actions at our sole discretion.

4. Advertising

Our Services are free to download and play. To support our Services, we display advertisements within our games. By using our Services, you agree to the display of advertisements.

We work with third-party advertising partners including AppLovin, Google AdMob, Unity Ads, and ironSource. These partners may collect and use certain information for advertising purposes as described in our Privacy Policy.

Watching Ads for Rewards: Some of our games may offer in-game rewards for watching video advertisements. These rewards are provided on an "as-available" basis, and we reserve the right to modify or discontinue such features at any time.

Third-Party Content: Advertisements may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of any third-party advertisements or linked websites.

5. Virtual Items and In-App Purchases

Some of our Services may offer virtual items, currency, or content for purchase ("Virtual Items"). If our games include in-app purchases, the following terms apply:

• Virtual Items are licensed, not sold, and you have no ownership rights in them.
• Virtual Items have no real-world monetary value and cannot be exchanged for cash or other items of value.
• All purchases of Virtual Items are final and non-refundable, except as required by applicable law.
• We may modify, manage, regulate, or eliminate Virtual Items at any time without liability to you.
• Virtual Items may not be transferred, sold, or traded to other users unless explicitly permitted.

Prices for Virtual Items may vary based on your location and are subject to change. You are responsible for any applicable taxes associated with your purchases.

6. Feedback and Communications

If you provide us with feedback, suggestions, or other communications regarding our games or Services, you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use such feedback for any purpose, including improving our games and Services.

You are not required to provide any feedback, and any feedback you provide is entirely voluntary.

7. Updates and Changes to Services

We may update, modify, suspend, or discontinue our Services or any features at any time, with or without notice. This includes the right to:

• Release updates, patches, or new versions of our games.
• Add, modify, or remove game content, features, or functionality.
• Change or discontinue support for certain devices or operating systems.
• Suspend or terminate any game or Service entirely.

You may need to accept updates to continue using our Services. We are not liable to you for any modification, suspension, or discontinuation of our Services.

8. Termination

We reserve the right to discontinue, modify, or restrict access to our Services at any time, without prior notice or liability. This includes the right to:

• Remove games from app stores.
• Discontinue support for certain devices or operating systems.
• Shut down game servers or online features (if applicable).

Upon termination of any Service, your right to use that Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Your Rights: You may stop using our Services at any time by simply deleting our games from your device(s). No further action is required.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED.

YOU USE THE SERVICES AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UNCAPTURED CO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Services.
• Any conduct or content of any third party on the Services.
• Any content obtained from the Services.
• Unauthorized access, use, or alteration of your transmissions or content.
• Loss of game progress or data stored on your device.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE USE OF THE SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100 USD), WHICHEVER IS GREATER.

Some jurisdictions do not allow the limitation of liability for certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless Uncaptured Co and its officers, directors, employees, contractors, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of and access to the Services.
• Your violation of these Terms.
• Your violation of any third-party right, including any intellectual property or privacy right.
• Any claim that your User Content caused damage to a third party.

12. Third-Party Services and Links

Our Services may contain links to or integrate with third-party websites, services, or applications, including but not limited to:

• App stores (Google Play, Apple App Store)
• Social media platforms
• Advertising networks
• Analytics services

These third-party services are governed by their own terms and privacy policies. We are not responsible for the content, privacy practices, or availability of any third-party services. Your interactions with third-party services are solely between you and the third party.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Ethiopia, without regard to its conflict of law provisions.

Informal Resolution: Before initiating any formal dispute resolution, you agree to first contact us at legal@uncaptured.co to attempt to resolve any dispute informally. We will try to resolve your concerns within 30 days.

Jurisdiction: If informal resolution is unsuccessful, any legal proceedings shall be brought exclusively in the courts located in Addis Ababa, Ethiopia, and you consent to the personal jurisdiction of such courts.

Class Action Waiver: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

If you are a consumer in the European Union, you may also use the Online Dispute Resolution platform provided by the European Commission at https://ec.europa.eu/consumers/odr.

14. Changes to These Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will provide notice by updating the "Last Updated" date at the top of these Terms and, where appropriate, provide additional notice within our Services or through other means.

Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the new Terms, you must stop using the Services.

15. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Uncaptured Co regarding the Services and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Any waiver must be in writing and signed by us to be effective.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or strikes.

16. Additional Terms for Apple App Store Users

If you access our Services through the Apple App Store, the following additional terms apply:

• These Terms are between you and Uncaptured Co, not Apple Inc. ("Apple").
• Uncaptured Co, not Apple, is solely responsible for the Services and their content.
• Apple has no obligation to provide any maintenance or support services for the Services.
• In the event of any failure of the Services to conform to applicable warranties, you may notify Apple, and Apple will refund the purchase price (if applicable). Apple has no other warranty obligation.
• Apple is not responsible for addressing any claims relating to the Services, including product liability claims, claims that the Services fail to conform to legal requirements, and consumer protection claims.
• Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party intellectual property infringement claims relating to the Services.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you.

17. Contact Us

If you have any questions about these Terms, please contact us: