Terms of Service

These Terms of Service ("Agreement") govern your use of all games, applications, websites, and other services (collectively, the "Services") provided by Celesta Games ("we," "us," or "our"). By downloading, installing, accessing, or using any of our Services, you agree to be bound by this Agreement.

If you do not agree to these terms, please do not use our Services. If you are under 18 years of age (or the age of legal majority in your jurisdiction), your parent or legal guardian must agree to this Agreement on your behalf.

1. Your Use of the Services

1.1 Age and Responsibility

Some of our Services are designed for children and are available in the Apple App Store Kids Category. If you are a parent or legal guardian allowing a minor to use our Services, you are responsible for supervising their use and are bound by this Agreement on their behalf.

1.2 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with this Agreement. You may not use our Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use of the Services.

2. Limited License

2.1 Intellectual Property

All content included in or made available through our Services — including but not limited to graphics, artwork, illustrations, text, music, sound effects, animations, game mechanics, user interfaces, and software — is owned by Celesta Games or its licensors and is protected by copyright, trademark, and other intellectual property laws.

2.2 Grant of License

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use our Services for your personal, non-commercial purposes. Our Services are licensed to you, not sold.

2.3 Restrictions

You may not:

• Copy, modify, distribute, sell, lease, or sublicense any part of our Services
• Reverse engineer, decompile, or disassemble our Services, except as permitted by applicable law
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Use our Services to develop, train, or enhance any artificial intelligence or machine learning system
• Use any automated systems, bots, or scripts to access or interact with our Services
• Exploit any bugs, glitches, or vulnerabilities in our Services
• Use our Services for any illegal or unauthorized purpose

3. Third-Party Platforms

Our Services are available through third-party platforms such as the Apple App Store and Google Play Store ("Storefronts"). Your use of these Storefronts is governed by their respective terms and conditions. Any purchases or downloads made through these Storefronts are subject to the Storefront's terms, including their refund and payment policies.

We are not responsible for the practices, terms, or content of any third-party platforms or services.

4. Advertisements

Some of our Services may display third-party advertisements. We are not responsible for the content, accuracy, or practices of any third-party advertisers. The inclusion of advertisements does not imply our endorsement of the advertised products or services. Certain Services, particularly those designed for children, may not contain any advertisements.

5. Availability, Updates, and Modifications

5.1 Availability

We do not guarantee that our Services will be available at all times or in all regions. Availability may vary by device, operating system, and geographic location. We reserve the right to modify, suspend, or discontinue any of our Services at any time, with or without notice.

5.2 Updates

We may release updates, patches, or new versions of our Services from time to time. These updates may be required for continued use and may be downloaded and installed automatically. We are not obligated to provide any updates or continued support for our Services.

6. Privacy

Your privacy is important to us. Our collection, use, and sharing of information is described in our Privacy Policy, which is incorporated into this Agreement by reference. By using our Services, you acknowledge that you have read and understood our Privacy Policy. Some of our Services have their own dedicated privacy policies, which will be referenced in the applicable app or service.

7. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that our Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. You use our Services at your own risk.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CELESTA GAMES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR SERVICES.

Nothing in this Agreement excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

9. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Celesta Games and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising out of or related to your breach of this Agreement or your use of our Services in violation of this Agreement or applicable law.

10. Termination

You may terminate this Agreement at any time by uninstalling and ceasing all use of our Services.

We may terminate or suspend your access to our Services at any time, with or without cause, and with or without notice. We may also terminate this Agreement immediately if you breach any provision of this Agreement.

Upon termination, all licenses granted to you under this Agreement will immediately cease. Sections of this Agreement that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and indemnification.

11. Photosensitive Seizure Warning

A small percentage of people may experience seizures when exposed to certain visual elements, including light patterns or flashing lights, that may appear in video games. If you or anyone in your household has an epileptic condition or has experienced seizures of any kind, consult your physician before using our Services. Discontinue use immediately and consult a physician if you experience any of the following symptoms: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, involuntary movements, or convulsions.

12. Governing Law and Disputes

12.1 For Users in the EU, EEA, UK, Switzerland, and Australia

If you reside in the European Union, European Economic Area, United Kingdom, Switzerland, or Australia, this Agreement shall be governed by the laws of your country of residence. Any disputes shall be subject to the exclusive jurisdiction of the competent courts of your habitual residence. Nothing in this Agreement affects your rights as a consumer under the mandatory consumer protection laws of your country of residence.

12.2 For All Other Users

For users not covered by Section 12.1, this Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. Any disputes arising out of or relating to this Agreement shall be resolved in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of such courts.

13. Modifications to This Agreement

We reserve the right to modify this Agreement at any time. If we make material changes, we will provide appropriate notice. Any changes will be reflected on this page with an updated "Last updated" date. As permitted by applicable law, your continued use of the Services after the posting of changes constitutes your acceptance of such changes. If you do not agree with the modified terms, you should discontinue use of our Services.

14. General Provisions

This Agreement constitutes the entire agreement between you and Celesta Games regarding the use of our Services and supersedes all prior agreements and understandings.

If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.

You may not assign or transfer this Agreement or your rights under it without our prior written consent. We may assign this Agreement without restriction.

15. Export Compliance

You agree to comply with all applicable export and import control laws and regulations in your use of the Services. You may not download, use, or export the Services in violation of applicable laws, including to any country subject to embargo by the United States or to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Entity List.

16. Contact Us

If you have any questions about this Agreement, please contact us at:

Email: hello@celesta.games