Terms of Service

Agreement to these terms

These Terms of Service ("Terms") govern your access to and use of the website at mofghoul.com, the games published by Mofghoul Studios, including Fins of Fate, and any related online features, updates, playtests and support (together, the "Services"). "Mofghoul," "we," "us" and "our" mean Mofghoul Studios. "You" means the person using the Services.

By downloading, installing, accessing or using any part of the Services, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Services.

Who can use the Services

You must be at least 13 years old, or the minimum age required in your country to use online services without parental consent if that's higher. If you're under 18 (or the age of majority where you live), you may use the Services only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use, including any purchases.

You may not use the Services if you're barred from doing so under applicable law, or if we've previously banned you.

Accounts

Some features may require an account, which may be created automatically on your device or linked to a platform account such as Apple Game Center or Sign in with Apple. You're responsible for activity on your account and for keeping your device and platform credentials secure. Tell us promptly at support@mofghoul.com if you think someone has accessed your account without permission.

Accounts are personal. You may not sell, transfer, share or rent your account, and you may not use someone else's account without permission.

If you choose a display name, it must not impersonate anyone, infringe anyone's rights, or be offensive, hateful or sexually explicit. We may change or remove names that break these rules.

Your license to play

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use our games and the Services for your own personal, non-commercial entertainment, on devices you own or control, and as permitted by the rules of the store you got them from.

The Services are licensed, not sold. We and our licensors own all rights, title and interest in the Services, including the software, code, characters, art, music, sound, text, worlds, logos and trademarks such as "Mofghoul," "Mofghoul Studios" and "Fins of Fate." Nothing in these Terms transfers ownership of any of that to you. Any rights not expressly granted are reserved.

Content creation

We love seeing people play our games. You may stream, record and share videos and screenshots of our games, including on monetized channels, as long as you don't present the content as official or endorsed by us, don't use it to make a competing game, and don't share material from a playtest or pre-release build without our permission. We may withdraw this permission for specific content.

Virtual items and currency

Our games may include virtual items and currency, such as scales, pearls, fish, armour, crates and other in-game content ("Virtual Items"), which you can earn through play and, where offered, obtain with real money.

• Virtual Items are licensed to you under the license in Section 4. You don't own them, and they have no monetary value outside the game.
• Virtual Items can't be sold, traded, transferred or exchanged for real money, goods or services, inside or outside the game, except where we expressly offer a way to do so.
• We may change, rebalance, rename or remove Virtual Items, their prices and their drop rates, for example to keep the game fair and fun. Where you've paid for an item that we remove, we'll try to give you something of equal or greater in-game value, unless the law requires otherwise.
• Where a game offers randomized rewards, such as crates, we'll disclose the odds in the game.
• Virtual Items may be lost if your account is deleted or terminated, or if the Services are discontinued, as described in Sections 11 and 12.

Purchases and refunds

Purchases in our games on iPhone and iPad are processed by Apple under Apple's terms and pricing, and taxes may apply. We don't receive or store your payment card details.

Except where the law requires otherwise, all purchases are final and non-refundable once delivered. Refund requests for purchases made through the App Store are handled by Apple at reportaproblem.apple.com. If a purchase doesn't arrive in your game, contact us with your order ID and we'll help.

If you live in the European Union or the United Kingdom, you may have a right to withdraw from digital content purchases within 14 days. For purchases made through the App Store, Apple is the seller and handles withdrawal and refunds under its own terms. Where the right applies, buying content that's delivered immediately means asking for delivery to begin right away, and you may lose the right to withdraw once delivery has started.

Rules of conduct

Our games are meant to be fun for everyone. When you use the Services, you agree not to:

• cheat, or use bots, hacks, mods, macros or any unauthorized software that gives you an advantage or automates play;
• exploit bugs or glitches instead of reporting them to us;
• harass, threaten, bully, impersonate, or discriminate against anyone, or share hateful, sexually explicit or illegal content;
• intentionally lose or abandon matches, or manipulate matchmaking or ranked results, including by sharing accounts or boosting;
• reverse engineer, decompile, disassemble, modify or create derivative works of the Services, except where the law expressly allows it despite this restriction;
• interfere with or disrupt the Services, servers or networks, or attempt to gain unauthorized access to them or to other players' accounts;
• collect information about other players without their consent;
• sell, rent or trade accounts or Virtual Items, or use the Services for any commercial purpose we haven't approved; or
• use the Services in violation of any law.

We may investigate suspected violations and take action we consider appropriate, including warning you, removing content or Virtual Items, resetting progress, or suspending or terminating your access.

Online play and other players

Some features connect you with other players, for co-op, versus or ranked play. We're not responsible for other players' conduct, but you can report problems to support@mofghoul.com. Online features require an internet connection and may depend on third-party networks and platforms. Matches may be affected by your connection, and features like party codes may be limited in some versions of the game.

Your content and feedback

If you send us ideas, suggestions, bug reports or other feedback, you allow us to use it to improve our games without any obligation to you. You keep any rights you have in content you create, such as videos of our games, but you grant us a worldwide, royalty-free license to use content you submit through the Services, such as display names, to operate and promote them.

Playtests and pre-release builds

Playtest and pre-release versions are works in progress. They may be unstable, may change significantly, and progress or Virtual Items from them may be reset. Unless your invitation says otherwise, playtest builds are confidential: don't share them, or screenshots, video or details from them, without our written permission. We may end a playtest at any time.

Updates and changes to the Services

We may update, patch, change, suspend or discontinue all or part of the Services at any time, including features, content, balance and Virtual Items. Some updates may be required to keep playing. If we permanently shut down online services for a game, we'll try to give reasonable advance notice.

Suspension and termination

You can stop using the Services at any time, and ask us to delete your account by emailing support@mofghoul.com.

We may suspend or terminate your access, or delete your account, if you materially or repeatedly break these Terms, if required by law, or if we discontinue the Services. Where reasonable, we'll tell you why. If your account is terminated for breaking these Terms, you won't be entitled to a refund for Virtual Items, except where the law requires otherwise. Sections that by their nature should survive termination will survive, including the ownership and restriction provisions of Section 4 and Sections 5, 6, 9 and 13 to 19.

Disclaimers

The Services are provided "as is" and "as available." To the fullest extent permitted by law, Mofghoul disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranties arising from course of dealing or usage of trade. We don't promise that the Services will be uninterrupted, error-free, secure, or free of viruses, or that progress or data will never be lost.

Some jurisdictions don't allow the exclusion of certain warranties, so some of these exclusions may not apply to you. Nothing in these Terms limits rights you have under consumer protection laws that can't be waived.

Limitation of liability

To the fullest extent permitted by law, Mofghoul and its owners, employees, contractors and licensors won't be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, data, goodwill or Virtual Items, arising out of or relating to the Services or these Terms, even if we've been advised of the possibility of such damages. Our total liability for all claims relating to the Services or these Terms is limited to the greater of (a) the amount you paid us for the Services in the 12 months before the event giving rise to the claim, or (b) US $50.

These limits don't apply to liability that can't be limited by law, such as liability for death or personal injury caused by negligence, or for fraud. If you live in the EU or UK, we're responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill.

Indemnity

To the extent permitted by law, you agree to indemnify and hold Mofghoul harmless from claims, damages, losses and expenses, including reasonable legal fees, arising out of your breach of these Terms or your misuse of the Services.

Dispute resolution, arbitration and class action waiver

Please read this section carefully. It affects your rights. It doesn't apply if you live in the European Union, the United Kingdom or another country where it isn't allowed.

Talk to us first

Most problems can be solved quickly. Before starting any formal proceeding, email support@mofghoul.com with your name, a description of the dispute and what you're asking for. We'll try in good faith to resolve it within 60 days.

Binding arbitration

If we can't resolve the dispute informally, you and Mofghoul agree to resolve any dispute arising out of or relating to the Services or these Terms by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration may be conducted by video, phone or written submissions. The arbitrator may award the same individual relief a court could. Either party may instead bring an individual claim in small claims court if it qualifies, and either party may seek an injunction in court to stop infringement or misuse of intellectual property.

Class action waiver

You and Mofghoul each agree to bring claims only in an individual capacity and not as a plaintiff or class member in any purported class, collective or representative proceeding.

Opting out

You can opt out of this arbitration agreement by emailing support@mofghoul.com with the subject "Arbitration opt-out," your name and your player name or ID, within 30 days after you first accept these Terms. Opting out won't affect anything else in these Terms.

Governing law and venue

These Terms are governed by the laws of the Commonwealth of Pennsylvania and applicable U.S. federal law, without regard to conflict-of-law rules. Subject to Section 16, any court proceeding will be brought in the state or federal courts located in Pennsylvania, and you and we consent to their jurisdiction. If you live in the EU or UK, you also benefit from any mandatory provisions of the law where you live, and you may bring proceedings in your local courts.

Additional terms for Apple devices

If you got our game from Apple's App Store, these additional terms apply:

• These Terms are between you and Mofghoul only, not Apple. Mofghoul, not Apple, is solely responsible for the game and its content.
• Your license is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the game may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
• Mofghoul is solely responsible for providing any maintenance and support for the game, as described in these Terms or as required by law. Apple has no obligation whatsoever to provide maintenance or support for the game.
• If the game fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are Mofghoul's sole responsibility.
• Mofghoul, not Apple, is responsible for addressing any claims relating to the game or your use of it, including product liability claims, claims that the game fails to conform to legal or regulatory requirements, and consumer protection or privacy claims.
• If a third party claims the game or your use of it infringes their intellectual property rights, Mofghoul, not Apple, is responsible for the investigation, defense, settlement and discharge of that claim.
• You represent that you're not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you're not on any U.S. Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms, such as your wireless data service agreement, when using the game.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple has the right to enforce them against you as a third-party beneficiary.

Questions, complaints or claims about the game should be sent to the developer: Mofghoul Studios, Pennsylvania, United States, support@mofghoul.com.

General

• Changes to these Terms. We may update these Terms. We'll post the new version here with a new "Last updated" date, and give more prominent notice of material changes, such as in the game or by email. Changes take effect when posted unless we say otherwise; if you keep using the Services after that, you accept the changes. Changes to Section 16 won't apply to disputes we already know about.
• Entire agreement. These Terms, the Privacy Policy and any rules we post for specific features or events make up the entire agreement between you and us about the Services.
• Severability. If any part of these Terms is found unenforceable, the rest stays in effect.
• No waiver. If we don't enforce a provision, that's not a waiver of our right to do so later.
• Assignment. You may not transfer your rights under these Terms. We may transfer ours, for example as part of a merger or sale of our business.
• Force majeure. We're not responsible for delays or failures caused by events beyond our reasonable control.
• Language. These Terms are written in English. If we provide a translation, the English version controls to the extent permitted by law.

Contact

Mofghoul Studios
Pennsylvania, United States
Email: support@mofghoul.com