End User License Agreement (EULA)

Last updated: June 1, 2025

This End User License Agreement ("EULA") is a legally binding contract between you (hereinafter referred to as "Licensee," "you," or "your") and Creative Individual Studios (hereinafter referred to as "Licensor," "we," "us," or "our"). BY INSTALLING, ACCESSING, OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE APPLICATION AND DELETE ALL COPIES IN YOUR POSSESSION.

1. DEFINITIONS

1.1 "Application" means the mobile game software and any associated updates, upgrades, patches, media, or documentation provided by Licensor under this EULA.

1.2 "Licensor", "we", "us", or "our" refers to Creative Individual Studios, the proprietor and distributor of the Application.

1.3 "Licensee", "you", or "your" refers to the individual or entity that downloads, installs, or uses the Application.

1.4 "Third‐Party Services" means any software development kits (SDKs), advertising networks, analytics modules, or other external plugins integrated into the Application (e.g., the AppLovin SDK).

1.5 "Intellectual Property Rights" encompasses all patents, copyrights, trademarks, trade secrets, and other proprietary rights pertaining to the Application and its underlying technology.

2. LICENSE GRANT

2.1 Subject to your strict compliance with the terms herein, Licensor hereby grants you a limited, revocable, non-exclusive, non-transferable license to install and use one copy of the Application solely for your personal, non-commercial entertainment purposes on a mobile device that you own or control. All other rights are expressly reserved by Licensor.

2.2 No Right to Sub-license or Assignment. You shall not transfer, assign, sublicense, rent, lease, lend, redistribute, or otherwise convey any rights in or to the Application, in whole or in part, without prior written consent from Licensor. Any attempted transfer or conveyance in violation of this EULA shall be null and void.

3. RESTRICTIONS AND PROHIBITIONS

3.1 You acknowledge and agree that, except as expressly authorized by this EULA, you shall not, directly or indirectly, undertake any of the following acts with respect to the Application:

Reverse Engineer, Decompile, or Disassemble. You shall not attempt to derive or reconstruct any portion of the Application's source code, algorithms, encoding schemes, or internal logic by reverse engineering, decompilation, disassembly, or any analogous or disallowed means, to the fullest extent permitted by applicable law.
Modify or Create Derivative Works. You shall not modify, translate, adapt, merge, adapt, or otherwise create derivative works based upon the Application, except as permitted by mandatory provisions of applicable law.
Remove or Obscure Notices. You shall not remove, alter, or obscure any copyright notices, trademarks, or other proprietary markings or notices contained within or associated with the Application.
Bypass Security Measures. You shall not circumvent, disable, or otherwise interfere with any security-related features of the Application, including licensing or protection mechanisms.
Unauthorized Access. You shall not gain or attempt to gain unauthorized access to Licensor's server infrastructure, databases, or non-public portions of the Application beyond what is explicitly provided.
Use for Commercial Exploitation. You shall not use the Application, in whole or in part, for any commercial exploitation, including but not limited to selling, renting, leasing, or sublicensing the Application or any related content.

3.2 Licensor reserves the unequivocal right to terminate or suspend your license and access to the Application if you are found to be in violation of any provision set forth herein. Such termination or suspension may occur without prior notice or any liability on the part of Licensor.

4. INTELLECTUAL PROPERTY

4.1 All right, title, and interest, including all Intellectual Property Rights in and to the Application and any copies thereof, are and shall remain exclusively owned by Licensor. Neither this EULA nor your receipt of any copy of the Application conveys to you any title or ownership in or to the Application.

4.2 Any and all trademarks, service marks, and logos appearing in connection with the Application are the property of their respective owners. Your use of the Application does not grant you any rights to use such marks.

5. THIRD-PARTY SERVICES; DATA COLLECTION

5.1 Integration Disclaimer. The Application incorporates Third-Party Services (e.g., the AppLovin advertising SDK) strictly for the purpose of delivering in-app advertisements and aggregated analytics. Such Third-Party Services may autonomously collect and process limited device-related or usage-related data (e.g., advertising identifiers, IP addresses, device model, operating system version, ad interactions) for the exclusive benefit of optimizing advertisement delivery, measuring performance, and preventing fraudulent activity.

5.2 No Control or Liability. You expressly acknowledge that Licensor does not control, supervise, or monitor the data collection, handling, retention, or usage practices of Third-Party Services. To the fullest extent permitted by law, Licensor disclaims any and all liability or responsibility for any acts, omissions, or practices of Third-Party Services, including any alleged breach of privacy, security, or consumer protection regulations.

5.3 Third-Party Privacy Policies. Your recourse for any grievances, inquiries, or requests related to data collected by Third-Party Services shall be pursued exclusively through the privacy policy and terms of service published by those third parties (e.g., AppLovin). We strongly encourage you to review their disclosures at https://www.applovin.com/privacy/ for comprehensive details.

6. DISCLAIMER OF WARRANTIES

6.1 THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LICENSOR HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

6.2 LICENSOR DOES NOT WARRANT THAT THE APPLICATION WILL OPERATE UNINTERRUPTED, SECURELY, OR FREE OF DEFECTS, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.

6.3 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APPLICATION IS WITH YOU. SHOULD THE APPLICATION PROVE DEFECTIVE, YOU ASSUME ALL COSTS OF NECESSARY SERVICING, REPAIR, OR CORRECTION.

6.4 ANY ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVES SHALL NOT CREATE ANY WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS DISCLAIMER.

7. LIMITATION OF LIABILITY

7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE USE, PERFORMANCE, OR INABILITY TO USE THE APPLICATION, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 LICENSOR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS EULA SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED UNITED STATES DOLLARS (USD $100), OR (B) THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION, IF ANY, DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

7.3 YOU ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS AND DISCLAIMERS ARE AN ESSENTIAL ELEMENT OF THIS EULA AND THAT LICENSOR WOULD NOT BE ABLE TO PROVIDE THE APPLICATION ON AN ECONOMICALLY REASONABLE BASIS WITHOUT SUCH LIMITATIONS.

8. INDEMNIFICATION

8.1 You agree to defend, indemnify, and hold harmless Licensor, its officers, directors, employees, agents, and affiliates (collectively, the "Indemnified Parties") from and against any and all losses, liabilities, claims, demands, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

Your breach of any representation, warranty, or obligation under this EULA;
Your negligent or willful misconduct in connection with the Application;
Any claim by a third party that your use of the Application is defamatory, infringing upon any Intellectual Property Right, right of privacy, or otherwise unlawful; or
Any data collected by Third-Party Services, including alleged privacy or security violations, except to the extent caused solely by Licensor's gross negligence or willful misconduct.

9. TERM AND TERMINATION

9.1 Term. This EULA is effective upon your acceptance and shall continue until terminated in accordance with Section 9.2.

9.2 Termination by Licensor. Licensor may terminate this EULA, and your license to use the Application, immediately and without notice if you materially breach any provision of this EULA.

9.3 Termination by You. You may terminate this EULA at any time by deleting all copies of the Application from your mobile device and any other storage media.

9.4 Effect of Termination. Upon termination, all rights granted to you under this EULA shall cease immediately, and you must promptly delete all copies of the Application in your possession or control. Any provisions which by their nature should survive termination (including but not limited to Sections 3, 4, 5, 6, 7, 8, 10, and 11) shall survive.

10. SUPPORT, UPDATES, AND MAINTENANCE

10.1 No Obligation to Support. Licensor is not obligated to provide any support, maintenance, error correction, updates, or enhancements to the Application. Any future updates or patches to the Application shall be at Licensor's sole discretion and may be provided under separate terms.

10.2 Automatic Updates. If automatic updates are enabled on your device, the Application may update automatically without additional notice. Such updates may modify, enhance, or remove functionality at Licensor's discretion. Continued use of the Application after an update constitutes acceptance of the modified terms.

11. GOVERNING LAW AND DISPUTE RESOLUTION

11.1 Governing Law. This EULA shall be governed by and construed in accordance with the laws of the California, United States, without regard to its conflict-of-law provisions.

11.2 Jurisdiction and Venue. Any legal action or proceeding arising under this EULA shall be brought exclusively in the federal or state courts located in California, United States, and you hereby irrevocably consent to personal jurisdiction and venue in such courts.

11.3 Equitable Relief. You acknowledge that a breach of this EULA may cause irreparable harm to Licensor for which monetary damages would be inadequate, and therefore agree that Licensor shall be entitled to seek injunctive or other equitable relief in addition to any other remedies it may have at law or in equity, without the necessity of posting a bond or other security.

12. MISCELLANEOUS PROVISIONS

12.1 Modifications. Licensor reserves the right, at its sole discretion, to modify, amend, or replace any provision of this EULA at any time. Notice of material changes will be posted within the Application or provided to you via in-app notification. Continued use of the Application following any such modifications constitutes acceptance of the revised EULA.

12.2 Entire Agreement. This EULA constitutes the entire agreement between you and Licensor with respect to the Application and supersedes all prior or contemporaneous understandings, representations, or agreements, written or oral, regarding the subject matter hereof.

12.3 Severability. If any provision of this EULA is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be struck and the remaining provisions shall remain in full force and effect.

12.4 Waiver. No failure or delay by Licensor in exercising any right under this EULA shall operate as a waiver of such right. A waiver of any breach of any provision of this EULA shall not constitute a waiver of any other or subsequent breach.

12.5 Assignment. You may not assign or transfer your rights or obligations under this EULA to any third party. Any attempt to do so shall be null and void. Licensor may assign its rights and obligations hereunder without restriction.

12.6 Notices. Any notices required or permitted under this EULA shall be in writing and shall be deemed to have been duly given (a) when delivered personally, (b) when transmitted via confirmed email to creativeindivudualstudios@gmail.com, or (c) three (3) days after being sent by certified mail, return receipt requested, to Licensor's address.

13. ACKNOWLEDGMENT

BY CLICKING "ACCEPT," INSTALLING, OR OTHERWISE USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS EULA AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA, YOU MUST IMMEDIATELY CEASE USE OF THE APPLICATION AND DELETE ALL COPIES FROM ALL DEVICES.