Terms of Use - 4Fall: AI Battle

IMPORTANT NOTICE: BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THIS APPLICATION, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE WITH ANY OF THEM, DO NOT USE THE APPLICATION.

1. ACCEPTANCE OF TERMS

By downloading, installing, accessing, or using 4Fall AI Battle ("the Application"), you ("the User") agree to be legally bound by these Terms of Use ("the Terms"), including the application's Privacy Policy. If you do not agree with any of these terms, do not use the Application. Continued use following any update to the Terms constitutes your acceptance of such changes.

These Terms constitute the entire agreement between you and the Developer regarding the Application and supersede any prior oral or written agreements.

1.1 Nature of the License — Use Only, Not Ownership

IMPORTANT: This Application, all of its content (including graphics, music, sound effects, code, content created with the assistance of artificial intelligence, and design) and any virtual items acquired within it (resources, customizations, unlocked levels or missions, and in-game elements) are and shall remain the exclusive property of the Developer.

By downloading the Application or making any purchase or subscription, you are NOT acquiring ownership of the Application or any of its components, but only a personal, limited, revocable license to use them, subject to these Terms. The Developer retains all intellectual property rights over the Application and its content at all times.

1.2 Minimum Age and Use by Minors

This Application is not directed at children under the age of 13. The minimum age may vary by country and is determined automatically by the Apple App Store in accordance with applicable local law.

By using this Application, the User represents and warrants that they meet the minimum age requirement in their jurisdiction. If the User is a minor under applicable law, they must have the consent and supervision of a parent or legal guardian to use the Application.

The Developer reserves the right to request age verification at any time and to suspend or cancel access to the Application if it determines that the User does not meet the age requirements.

Parents or legal guardians who allow minors in their care to use the Application accept these Terms on behalf of the minor and are responsible for supervising their use of the Application, including any purchases or subscriptions made.

2. DESCRIPTION OF THE SERVICE

4Fall AI Battle is a strategy game for iOS that allows the User to play matches against artificial intelligence, against another local player, or to complete missions in campaign mode. The Application operates exclusively through local processing on the User's device.

The Application does NOT transmit, collect, or store on external servers any game data, progress, statistics, or personal data of the User. All processing occurs entirely on the User's device. Any technical data collected by Apple Inc. through its platforms (such as the App Store or TestFlight) is managed exclusively by Apple in accordance with its own policies and does not, under any circumstances, reach the Developer's servers.

The Developer reserves the right to modify, suspend, or discontinue any functionality of the Application at any time, with or without prior notice, without incurring any liability to the User.

3. SUBSCRIPTIONS AND PURCHASES

3.1 Access Tiers

BASE MODE:
The Application offers a functional base mode that allows the User to:
• Play matches with access to the basic features of the game.
• Access limited content based on the implemented resource system.

Users in base mode will see advertisements for other applications published by the same developer. These advertisements do NOT use third-party advertising networks or cross-app behavioral tracking.

SUBSCRIPTIONS:
Subscriptions provide expanded access that may include:
• Access to additional game content.
• Expanded resources.
• Removal of promotional content.
• Additional premium features.

IN-APP PURCHASES:
The Application offers purchases that may include:
• Consumable resources used during gameplay.
• Permanent unlocking of specific content.
• Visual customizations.
• Other in-game elements.

The Developer reserves the right to modify, at any time and without prior notice, the content, quantity, features, and benefits included in any purchase or package offered, both for future purchases and for product listings in the store. Purchases already made and consumed will not be retroactively affected.

The Developer offers subscription plans and purchasable products whose prices are displayed in the App Store based on the User's region at the time of purchase. The Developer reserves the right to modify prices at any time and in accordance with Apple's policies. The price in effect at the time of purchase or subscription applies through the next renewal.

3.2 Automatic Renewal

Subscriptions automatically renew at the end of each period unless the User cancels at least 24 hours before the end of the current period. The renewal charge will be applied to the User's Apple account within 24 hours prior to the expiration of the active period.

3.3 Cancellation and Expiration

The User may cancel their subscription at any time through their App Store account settings. Cancellation will take effect at the end of the current subscription period, with no pro-rated refund for unused time.

Upon expiration or cancellation of the subscription, the User will lose access to the premium features associated with that subscription. The User may continue to use the base mode features.

3.4 Restoring Purchases

The User may restore their purchases and subscriptions on any Apple device linked to the same Apple ID used for the original purchase. The restoration is managed through the functionality provided by the Apple App Store and allows the User to recover access to purchased content without making a new payment, provided the purchases or subscriptions are active.

3.5 Plan Changes

The User may switch between subscription plans at any time through their App Store account settings. Plan changes, billing adjustments, and applicable credits are managed exclusively by Apple in accordance with its subscription policies.

3.6 Payment Processing

All payments and renewals are managed exclusively through the Apple App Store and are subject to Apple's Terms and Conditions. The Developer does not access, store, or process the User's payment data at any time. Prices may vary by country and are subject to applicable local taxes in accordance with Apple's policies.

3.7 Refunds

Refunds are subject exclusively to Apple's Refund Policy. The Developer does not directly process or manage refunds. To request a refund, the User must contact Apple at reportaproblem.apple.com.

3.8 Purchase Fraud Protection

The Developer reserves the right to investigate and take action against patterns of behavior that suggest fraud, abuse, or violation of these Terms in connection with purchases and subscriptions, including:

• Suspicious patterns of purchases followed by repeated refund requests.
• Use of fraudulent or unauthorized payment methods.
• Abuse of purchase restoration systems.
• Unauthorized sharing of accounts or purchases among multiple users.
• Any attempt to obtain premium content, resources, or benefits without the corresponding payment.

If fraudulent or suspicious activity is detected, the Developer may:

• Suspend or revoke access to purchased content or subscriptions.
• Remove resources, progress, or content obtained through fraudulent means.
• Permanently disable access to the Application.
• Cooperate fully with Apple Inc. in fraud investigations, providing all available technical information.
• Report fraudulent activities to the competent authorities.
• Take legal action against the User responsible for the fraud.

The User acknowledges and agrees that:

• Any attempt at fraud constitutes a serious violation of these Terms.
• Measures taken against fraud do not give rise to any right to a refund or compensation.
• The Developer is not obligated to provide detailed evidence of fraud detection prior to taking action.
• Cooperation with Apple in fraud investigations is mandatory, and the User expressly authorizes such cooperation.

3.9 Advertisements

Users without an active subscription that includes the removal of advertisements will see advertisements for other applications published by the same developer.

These advertisements:

• Are created and managed directly by the Developer.
• Are NOT provided by third-party advertising networks.
• Do NOT use cross-app behavioral tracking.
• Do NOT require App Tracking Transparency (ATT) permission.
• May appear in different locations within the Application.

The Developer reserves the right to modify, at any time and without prior notice, the format, placement, frequency, quantity, and presentation of the advertisements displayed.

Advertisements are automatically hidden for users with an active subscription that includes this feature.

Advertised Applications as Independent Products: The applications advertised are independent products, each with their own functionality, terms of use, and privacy policies. The Developer assumes no responsibility for the content, operation, performance, availability, errors, damages, or any other aspect related to the advertised applications. Each advertised application is a separate product, and any issues, claims, or inquiries related to those applications must be directed to the support team of the corresponding application.

By interacting with advertisements and downloading or using any of the advertised applications, the User agrees to be bound by the terms of use and privacy policies specific to each application. The User acknowledges and agrees that it is their responsibility to review and accept the terms and policies of each advertised application before use.

The User acknowledges and agrees that viewing advertisements is part of the base mode experience and that advertisements may be removed by purchasing a subscription that includes this feature.

4. LICENSE TO USE

4.1 Grant of License

The Developer grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Application on your compatible personal Apple iOS devices, subject to compliance with these Terms and the Apple App Store Usage Rules.

The license includes personal use of the Application for entertainment purposes.

4.2 Express Restrictions

The following are expressly prohibited:

• Copying, reproducing, modifying, distributing, selling, assigning, leasing, or sublicensing the Application or any part thereof.
• Reverse engineering, decompiling, disassembling, or attempting to obtain the source code of the Application.
• Creating derivative works based on the Application.
• Circumventing, disabling, or interfering with the Application's licensing, subscription, or security systems.
• Using the Application for any unlawful purpose.
• Using automated tools, bots, or scripts to interact with the Application or manipulate the game.
• Transferring the license to any third party.
• Exploiting game bugs or glitches to gain unintended advantages.

4.3 Specific Anti-Cheat and Client Modification Prohibitions

In addition to the general restrictions above, the following are expressly prohibited:

• Using jailbroken, rooted, or otherwise system-modified devices that alter iOS security protections.
• Running the Application on emulators, virtual machines, or any environment other than an authentic physical iOS device.
• Using debugging tools, code injection, memory modification tools, or any third-party software designed to alter the Application's behavior.
• Manipulating, modifying, or altering memory values, game variables, resources, progress, or any other data stored locally by the Application.
• Intentionally using exploits, glitches, or game vulnerabilities to obtain advantages, resources, or progress not intended by the game's design.
• Sharing, distributing, or publishing methods, tools, or instructions for carrying out any of the prohibited activities above.

The Developer reserves the right to:

• Implement anti-cheat detection systems in future updates without prior notice.
• Modify or remove progress, resources, or content obtained through prohibited methods.
• Suspend or permanently revoke access to the Application for violations of these prohibitions.
• Take legal action against users who develop, distribute, or commercialize cheating tools.

The User acknowledges that any attempt to circumvent the Application's protections constitutes a serious violation of these Terms and may result in immediate termination of the license without a refund, without prejudice to any applicable legal action.

5. ACCEPTABLE USE AND USER CONDUCT

The User agrees to use the Application responsibly and in compliance with the law. The following are prohibited:

• Using the Application in a manner that may damage, disable, overburden, or impair its operation.
• Attempting to gain unauthorized access to any part of the Application.
• Using the Application to harass, threaten, or cause distress to other users (in local multiplayer mode).
• Taking any action that interferes with other users' normal enjoyment of the Application.

The Developer reserves the right to suspend or cancel access to the Application for uses contrary to this section, without prejudice to any applicable legal action.

5.1 Protection Against False Reviews and Defamation

The User agrees not to engage in:

• Coordinated campaigns of false or misleading negative reviews on the App Store or other platforms.
• Publishing false, defamatory, or misleading information about the Application, the Developer, or its products.
• Artificial manipulation of ratings, reviews, or scores through multiple accounts, bots, or third-party services.
• False public accusations regarding the operation, security, or practices of the Application.

The Developer reserves the right to:

• Publicly respond to reviews, comments, or accusations it considers false, misleading, or defamatory.
• Request that Apple or other platforms remove reviews that violate their policies or contain false information.
• Document and preserve evidence of defamation campaigns or review manipulation.
• Take legal action for defamation, harm to commercial reputation, or unfair competition against users who publish false information with intent to cause damage.

The User acknowledges that legitimate criticism and honest opinions are protected, but that defamation, deliberate false information, and coordinated smear campaigns constitute violations of these Terms and may result in legal action.

6. LOCAL PROCESSING, PRIVACY, AND DATA

6.1 Exclusive On-Device Processing

All game processing, including game logic, the artificial intelligence engine, and progress storage, takes place entirely on the User's device. The Application does not require an internet connection to operate its core functions and does not transmit game data, progress, statistics, or any other data to external servers.

6.2 No-Tracking Policy — Current Status and Future Changes

In its current version, the Application does not collect, track, or transmit any personal data from the User. The Application does not incorporate behavioral analytics systems, usage tracking, or user identifiers.

The Developer reserves the right to incorporate in future versions third-party technical tools — such as anonymous error reporting or performance analytics systems — solely for the purpose of improving the Application's stability and operation. In such a case, the Developer will update the Privacy Policy prior to implementing such changes, and such data will always be anonymous and non-identifiable. Continued use of the Application following the update will constitute acceptance of the new terms.

6.3 Technical Data Through Apple

Apple Inc. may collect anonymous technical data (error reports, performance statistics) through its own platforms (App Store Connect Analytics, TestFlight), in accordance with Apple's Privacy Policy. This data is managed exclusively by Apple and does not, under any circumstances, reach the Developer's servers. It does not include any personally identifiable information about the User.

6.4 Data Storage, Backups, and Data Loss

Game progress, statistics, settings, and resources are stored exclusively on a local basis on the User's device. Certain data may be stored in the device's synchronizable Keychain to maintain persistence across sessions and devices. The management and backup of such data is the User's responsibility. The Developer does not perform, manage, or guarantee backups of any User data.

Cross-Device Synchronization: If the User has iCloud Keychain enabled, certain game data may be automatically synchronized across their devices. This synchronization is managed exclusively by Apple Inc. The Developer does not guarantee the ongoing availability, accuracy, or synchronization of this data and shall not be liable for its loss, corruption, failure to synchronize, or any related issue arising from causes attributable to iCloud, changes to the User's iCloud account, or any other cause beyond its control.

The User is solely and exclusively responsible for performing periodic backups of their device using iCloud, iTunes, or other solutions of their choice.

The Developer assumes no liability for the loss, damage, corruption, or inaccessibility of data arising from any cause, including:

• Failure or malfunction of the User's device.
• Installation of iOS updates, whether voluntary or automatic.
• Installation of Application updates.
• Uninstalling or reinstalling the Application.
• Factory reset or device restoration.
• Incompatibilities with future versions of iOS or other system software.
• Issues with iCloud Keychain or the User's iCloud account.
• Force majeure events or any other factor beyond the Developer's control.

THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE APPLICATION AND STORAGE OF GAME PROGRESS IS AT THEIR OWN RISK, AND THAT THE DEVELOPER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR LOSS OF DATA, PROGRESS, OR RESOURCES, REGARDLESS OF CAUSE.

7. NATURE OF THE GAME AND DISCLAIMER OF WARRANTIES REGARDING OUTCOMES

7.1 Entertainment Game

The User expressly acknowledges and agrees that 4Fall AI Battle is a strategy-based entertainment game and that the outcomes of matches depend on multiple factors, including the player's decisions, the selected difficulty level, the behavior of the AI opponent, and random elements within the game.

7.2 No Guarantees of Progress

THE DEVELOPER DOES NOT WARRANT:

• That the User will reach specific levels, complete missions, or achieve particular objectives.
• That the User will obtain specific victories, resources, or rewards.
• That the User's progress will be maintained or preserved under all circumstances.
• That the game's difficulty will remain consistent across updates.
• That the game's mechanics, rules, or systems will remain unchanged.

7.3 Game Modifications

The Developer reserves the right to modify, at any time and without prior notice:

• The game's difficulty and the behavior of AI opponents.
• Game mechanics, rules, and systems.
• The availability, quantity, cost, or effects of resources and in-game elements.
• The balance of any aspect of the game.
• The availability of content, levels, or game modes.

These modifications may affect the User's existing progress, perceived difficulty, or gameplay experience, without constituting a defect, failure, or breach on the part of the Developer, and without giving rise to any right to claim, compensation, or refund.

8. RESOURCES AND IN-GAME ELEMENTS

8.1 Virtual Nature

All resources, items, customizations, and content obtained or acquired within the Application are virtual, have no real monetary value, and cannot be redeemed for money or transferred outside the Application.

8.2 No Real Ownership

The User does not acquire any ownership rights over virtual resources, in-game elements, or unlocked content. All virtual items are licensed, not sold, and the Developer retains all rights over them.

8.3 Modification and Removal

The Developer reserves the right to modify, remove, adjust, or discontinue any resource, item, or game content at any time, without prior notice and without compensation to the User.

8.4 Consumable Resources

Consumable resources that are purchased are used during gameplay in accordance with the implemented mechanics. Once consumed, they cannot be recovered except through a new purchase or through the game's reward systems. The Developer is not obligated to replenish consumable resources lost for any reason.

9. HEALTH WARNING AND DISCLAIMER

WARNING: A very small percentage of people may experience epileptic seizures when exposed to certain visual stimuli present in digital applications, including flashing lights or repetitive patterns. If you or any member of your family has a history of epilepsy or seizures, consult a physician before using this Application.

Prolonged use of mobile devices may cause eye strain, headaches, or muscle discomfort. It is recommended to take regular breaks. Do not use the Application while driving, operating machinery, or engaging in any activity that requires full attention.

DISCLAIMER:

THE APPLICATION DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSES, OR TREATMENTS OF ANY KIND. The Developer is not responsible for health problems that may arise from use of the Application, including but not limited to: seizures, eye strain, repetitive strain injuries, headaches, aggravation of pre-existing conditions, or excessive or compulsive use behaviors.

If you experience discomfort during use, discontinue the Application and consult a healthcare professional.

By using this Application, the User assumes responsibility for any effect its use may have on their health.

10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

10.1 No Warranties

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS AVAILABILITY.

10.2 Specific Exclusions of Liability

The Developer does not warrant and assumes no liability for:

• The Application operating without interruption, error-free, or without defects.
• Game outcomes being satisfactory or meeting the User's expectations.
• The Application being compatible with future versions of iOS or other operating systems.
• Loss of progress, data, resources, or any consequence resulting from use of the Application.
• Failures, delays, or interruptions caused by factors beyond the Developer's control.
• The gameplay experience, difficulty, or game balance.
• Any direct, indirect, incidental, special, consequential, or punitive damages arising from the use or inability to use the Application.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER, ITS COLLABORATORS, LICENSORS, OR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, NOR FOR LOSS OF PROFITS, DATA, GAME PROGRESS, REPUTATION, OR GOODWILL, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the Developer's total and cumulative liability to the User for any claim related to the Application or these Terms shall be limited to the lesser of the following amounts:

• (a) The total amount actually paid by the User to the Developer in respect of subscriptions and purchases during the twelve (12) months preceding the event giving rise to the claim; or
• (b) USD $10.00 (ten United States dollars).

11. FORCE MAJEURE

The Developer shall not be liable for any delay, interruption, failure, or non-performance when caused by events beyond its reasonable control, including:

• Natural disasters, earthquakes, floods, epidemics, or pandemics.
• Acts of war, terrorism, civil unrest, or governmental actions.
• Interruptions, failures, or changes to the services, policies, or platforms of Apple Inc., including the App Store, iCloud, or iOS updates.
• Widespread failures of internet or telecommunications infrastructure.
• Cyberattacks, malware, or unauthorized access to third-party systems.
• Changes in legislation, governmental regulations, or judicial decisions.

The occurrence of a Force Majeure Event shall not entitle the User to any refund, compensation, or indemnification of any kind.

12. CLASS ACTION WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE USER EXPRESSLY WAIVES THEIR RIGHT TO INITIATE, PARTICIPATE IN, OR JOIN ANY CLASS ACTION LAWSUIT, CONSOLIDATED CLAIM, OR REPRESENTATIVE PROCEEDING AGAINST THE DEVELOPER, WHETHER IN COURT OR IN ARBITRATION.

Any claim must be brought by the User on an individual and exclusive basis. If this waiver is found to be unenforceable with respect to a specific claim, that claim must be handled individually, without affecting the validity of this waiver with respect to all other claims.

13. TIME LIMITATION FOR FILING CLAIMS

WITHOUT PREJUDICE TO THE STATUTES OF LIMITATIONS ESTABLISHED BY BOLIVIAN LAW, AND TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW, THE USER AGREES THAT ANY CLAIM, LEGAL ACTION, OR LAWSUIT ARISING FROM THE USE OF THE APPLICATION OR THESE TERMS MUST BE FILED WITHIN SIX (6) MONTHS FROM THE DATE ON WHICH THE USER KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EVENT GIVING RISE TO THE CLAIM.

Once this period has elapsed, the claim shall be time-barred and the User irrevocably waives any right to file it thereafter, to the extent permitted by law. This limitation applies to any type of claim, whether contractual, non-contractual, or of any other nature.

14. INDEMNIFICATION

The User agrees to defend, indemnify, and hold harmless the Developer, its collaborators, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• The User's use of the Application.
• The User's violation of these Terms.
• Any violation of applicable law committed by the User.
• Any dispute with other users in local multiplayer mode.

This indemnification obligation shall survive the termination of these Terms and the User's cessation of use of the Application.

15. INTELLECTUAL PROPERTY OF THE APPLICATION

The Application, including its source code, visual design, logos, trade name "4Fall AI Battle," user interfaces, graphics, music, sound effects, and documentation, is protected by Bolivia's intellectual property laws and applicable international treaties.

15.1 Trademark Protection and Use of the Name

The name "4Fall AI Battle," its variations, logos, trademarks, and associated distinctive elements are the exclusive property of the Developer and are protected by applicable intellectual property laws.

The following are expressly prohibited for the User:

• Using the Application's name, logos, or trademarks in products, services, commercial content, or any material that implies affiliation, sponsorship, or endorsement by the Developer without prior written authorization.
• Creating, distributing, or commercializing derivative products, merchandise, digital content, or any material using the Application's intellectual property.
• Using the Application's name or brand in a manner that may cause confusion, deception, or dilution of the trademark.

The Developer reserves the right to:

• Request the removal, transfer, or cancellation of any domain, social media account, channel, or content that uses its brand without authorization.
• Take legal action against unauthorized use of its intellectual property, including claims for trademark infringement, unfair competition, and cybersquatting.
• Issue cease and desist notices against unauthorized uses.

15.2 Music and Sound Effects

The music and sound effects included in the Application are licensed for exclusive use within the context of the Application. The Developer holds all licenses, permissions, and authorizations necessary to incorporate and use such audio content within the Application.

THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT:

• They do NOT acquire any rights, licenses, permits, or authorizations over the music or sound effects included in the Application.
• They are NOT authorized to extract, copy, reproduce, record, distribute, transmit, publicly perform, synchronize, adapt, modify, or use in any manner the music or sound effects outside the context of normal use of the Application.
• The music and sound effects are protected by copyright and their use is strictly limited to the gameplay experience within the Application.
• It is expressly prohibited to use tools, software, or any technical method to extract audio files from the Application.
• Any unauthorized use of the music or sound effects constitutes a copyright violation and may give rise to legal action.

The User may not:

• Extract audio files from the Application through reverse engineering, decompilation, or any other method.
• Use the music or sound effects in videos, live streams, podcasts, personal projects, or any other content outside the Application.
• Distribute, sell, license, or transfer the music or sound effects to third parties.
• Create derivative works based on the music or sound effects of the Application.

Violation of these restrictions constitutes a serious breach of these Terms and may result in immediate termination of the license to use the Application, without prejudice to any applicable legal action for copyright infringement.

15.3 Content Created with Artificial Intelligence Assistance

The Application contains visual elements that were created with the assistance of generative artificial intelligence tools.

The Developer declares that:

• It holds all licenses, permissions, rights, and authorizations necessary to incorporate, use, distribute, and commercialize all content created with artificial intelligence assistance included in the Application.
• It has complied with all applicable terms of service, licenses, and legal requirements of the artificial intelligence tools used in the creation of the content.
• It has the legal right to use, modify, distribute, and sublicense such content within the context of the Application.

The User expressly acknowledges and agrees that:

• Content created with artificial intelligence assistance is subject to the same use restrictions as all other content in the Application.
• They do NOT acquire any rights, licenses, permits, or authorizations over the AI-generated content included in the Application.
• They are NOT authorized to extract, copy, reproduce, distribute, or use in any manner the AI-generated content outside the context of normal use of the Application.
• It is expressly prohibited to use tools, software, or any technical method to extract AI-generated content from the Application.

The disclosure that certain content was created with artificial intelligence assistance does not grant the User any additional rights over such content, nor does it limit the Developer's rights to use and commercially exploit it.

15.4 Other Intellectual Property Rights

These Terms do not transfer or assign to the User any intellectual property rights in the Application. The User may not use the Developer's trademarks, names, or logos without the Developer's prior written consent.

16. APPLICATION AVAILABILITY, MODIFICATIONS, AND UPDATES

16.1 Modifications and Discontinuation

The Developer may, at any time and at its sole discretion, release updates that modify, expand, or remove features, or discontinue the Application on a temporary or permanent basis, with or without prior notice.

The Developer shall not be liable to the User or to any third party for any modification, suspension, or interruption of the Application's availability.

16.2 Mandatory Updates and Outdated Versions

The Developer reserves the right to:

• Require the installation of updates to continue using the Application or to access certain features.
• Disable, limit, or discontinue support for older versions of the Application at any time.
• Implement mechanisms that prevent outdated versions from functioning if deemed necessary for security, stability, or compatibility reasons.

The User acknowledges and agrees that:

• It is their responsibility to keep the Application updated to the latest version available in the App Store.
• Outdated versions may partially or fully stop working without prior notice.
• The Developer is not obligated to provide technical support, bug fixes, or maintenance for older versions of the Application.
• Refusing to update may result in the loss of access to certain features or in the inability to use the Application.

16.3 Disclaimer of Warranties Regarding Updates

The Developer does NOT warrant:

• That future updates to the Application will be released.
• That updates will improve performance, correct specific bugs, or add requested features.
• That updates will be compatible with the User's existing progress, settings, or data.
• That updates will not introduce new bugs or issues.
• That the Application will continue to be compatible with future versions of iOS or with specific device models.

Updates are provided "as is" without warranties of any kind. The User agrees that installation of updates is at their own risk and that the Developer shall not be liable for:

• Loss of progress, data, or resources caused by updates.
• Incompatibilities introduced by iOS operating system updates.
• Changes to the gameplay experience, difficulty, or mechanics resulting from updates.
• Performance issues on specific devices following updates.

16.4 iOS and Device Compatibility

The Developer does not warrant that the Application will be compatible with:

• Future versions of iOS or iPadOS.
• Device models released after the Application's last update.
• Older or discontinued Apple devices.

The Developer reserves the right to establish minimum operating system and hardware requirements at any time, which may result in certain devices no longer being compatible with future versions of the Application.

17. TERMINATION

The User may terminate this agreement at any time by canceling their active subscription (if applicable) and uninstalling the Application from their device. Cancellation of the subscription does not entitle the User to a pro-rated refund for the unused period.

The Developer may suspend or cancel the license to use the Application immediately, with or without prior notice, if the User violates these Terms or uses the Application in a fraudulent or unlawful manner.

17.1 Survival Clauses

Upon termination of this agreement for any reason, the following provisions shall remain in full force and effect for the maximum period permitted by applicable law in the User's jurisdiction:

• Section 4 (License to Use) — Restrictions and prohibitions.
• Section 5.1 (Protection Against False Reviews and Defamation).
• Section 6 (Local Processing, Privacy, and Data) — Especially the limitations of liability for data loss.
• Section 8 (Resources and In-Game Elements) — Virtual nature and absence of ownership.
• Section 9 (Health Warning and Disclaimer).
• Section 10 (Disclaimer of Warranties and Limitation of Liability).
• Section 12 (Class Action Waiver).
• Section 13 (Time Limitation for Filing Claims).
• Section 14 (Indemnification).
• Section 15 (Intellectual Property of the Application) — All subsections.
• Section 20 (Jurisdiction and Governing Law).
• Section 22 (Severability and Waiver).
• This Section 17.1 (Survival Clauses).

The User expressly acknowledges and agrees that these obligations and limitations remain in effect even after ceasing to use the Application, and that any subsequent violation of the surviving provisions may give rise to legal action by the Developer.

18. TECHNICAL REQUIREMENTS

Application performance depends on the hardware capabilities of the User's device. Older devices may experience slower processing or limitations in certain features. The Developer does not warrant compatibility with all iPhone models or with future versions of iOS.

19. APPLE COMPLIANCE (EULA)

19.1 Support and Maintenance

The Developer is the sole and exclusive party responsible for providing technical support and maintenance for the Application. Apple Inc. has no obligation whatsoever to provide maintenance services, technical support, or updates related to the Application.

19.2 Legal Compliance — Export

By using the Application, the User represents and warrants that: (a) they are not located in a country subject to embargo by the United States government or designated as a "state sponsor of terrorism"; and (b) they do not appear on any United States government list of prohibited or restricted parties.

19.3 Apple as Third-Party Beneficiary

The User expressly acknowledges and agrees that Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms of Use and have the right to enforce them directly against the User. Apple Inc. is not a party to these Terms and assumes no responsibility for the Application.

20. JURISDICTION AND GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of the Plurinational State of Bolivia, without regard to its conflict of laws provisions. Any dispute shall first be submitted to a process of direct good-faith negotiation between the parties for a minimum period of thirty (30) days. If no agreement is reached, the dispute shall be resolved by the competent courts of Bolivia, to whose jurisdiction the parties expressly submit.

Notwithstanding the provisions of these Terms, the User retains all rights granted by the consumer protection laws of the Plurinational State of Bolivia that cannot be contractually limited or waived.

21. MODIFICATIONS TO THE TERMS

The Developer reserves the right to modify these Terms at any time. Modifications will be notified by updating the "Last updated" date at the top of this document and, where applicable, through an update to the Application in the App Store. Users are encouraged to review these Terms periodically.

Continued use of the Application following the effective date of the modified Terms constitutes acceptance of such changes. If you do not agree with the changes, you must stop using the Application before the date the modifications take effect.

22. SEVERABILITY AND WAIVER

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

The Developer's failure to exercise any right or provision of these Terms shall not constitute a waiver of that right, except as acknowledged and agreed in writing by the Developer.

23. ASSIGNMENT

The User may not assign, transfer, or delegate these Terms or any rights or obligations hereunder without the Developer's prior written consent. The Developer may assign, transfer, or delegate these Terms at any time without restriction, including in connection with a merger, acquisition, restructuring, or asset sale.

24. ENTIRE AGREEMENT

These Terms, together with the Application's Privacy Policy, constitute the entire agreement between the User and the Developer regarding the use of the Application and supersede all prior or contemporaneous agreements, understandings, representations, and warranties, whether oral or written.

25. RELATIONSHIP OF THE PARTIES

Nothing in these Terms shall create, or be construed as creating, a partnership, joint venture, employment, agency, or franchise relationship between the User and the Developer. The User has no authority to bind the Developer in any way.

26. NOTICES

All notices from the Developer to the User will be made through:

• In-app notifications.
• Updates to these Terms or the Privacy Policy published within the Application.
• Any other means the Developer deems appropriate.

The User agrees that notices made through these means are sufficient and binding.

27. CONTACT AND SUPPORT

For questions, claims, or technical support related to the Application:

• Email: support@stayarts.com

The Developer will make its best efforts to respond within a reasonable timeframe, without guaranteeing specific response times or the resolution of all reported issues.

28. OFFICIAL LANGUAGE AND TRANSLATIONS

These Terms were originally drafted in the Spanish language, which constitutes the official, authentic, and legally binding version. Any translation into other languages is provided solely for the User's convenience and has no legal value.

In the event of any conflict, discrepancy, ambiguity, or difference in interpretation between the Spanish version and any translation into another language, the Spanish version shall prevail in all cases and shall be the only version with legally binding value before any court, authority, or dispute resolution proceeding.

The User acknowledges and expressly declares that:

• They have had access to the Spanish version of these Terms.
• They have read and understood the Spanish version, or have had a reasonable opportunity to obtain assistance in understanding it.
• They accept that the Spanish version is the only legally binding version.
• They waive any claim based on inaccurate, incomplete, or erroneous translations into other languages.
• Any automatic, unofficial, or third-party translation is not the Developer's responsibility.

If the User does not understand the Spanish language, it is their responsibility to obtain professional translation assistance or legal counsel before accepting these Terms. Use of the Application constitutes acceptance that the Spanish version is the official and binding version.

FINAL ACKNOWLEDGMENT: BY USING 4FALL AI BATTLE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE IN THEIR ENTIRETY, INCLUDING ALL LIMITATIONS OF LIABILITY AND WAIVERS SET FORTH HEREIN.