TERMS OF USE

TERMS OF USE MIDNIGHT LOFI DECK SOLITAIRE Last updated: June 2, 2026 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 THE TERMS By downloading, installing, accessing, or using Midnight Lofi Deck Solitaire ("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 after any update to the Terms constitutes acceptance of such updated Terms. These Terms constitute the entire agreement between you and the Developer regarding the Application and supersede any prior oral or written agreement. 1.1 Nature of the License — Use Only, No Ownership IMPORTANT: This Application, all of its content (including graphics, music, code, and design), and any virtual item acquired within it (resources, customizations, unlocked levels) 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 it, subject to these Terms. The Developer retains all intellectual property rights in and to the Application and its content at all times. 2. DESCRIPTION OF THE SERVICE Midnight Lofi Deck Solitaire is a solitaire card game for iOS that allows the User to play different solitaire variants and 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 your 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 giving rise to any liability to the User. 3. SUBSCRIPTION, PURCHASES, AND PAYMENTS 3.1 Access Options BASE MODE: The Application offers a functional base mode that allows the User to: • Play games with access to basic game features. • Access limited content according to the implemented resource system. Users of the base mode will see advertisements for other applications published by the same developer. These advertisements do NOT use third-party advertising networks or cross-application behavioral tracking. SUBSCRIPTIONS: Subscriptions offer expanded access that may include: • Access to additional game content. • Expanded resources. • Removal of advertisements. • Additional premium features. • Other benefits according to the selected subscription option. IN-APP PURCHASES: The Application offers purchases that may include: • Consumable resources used during gameplay. • Permanent unlocking of specific content (such as levels, worlds, or customizations). • Visual and thematic customizations. • Combined packages that include multiple items. • Other game items. The Developer reserves the right to modify, at any time and without prior notice, the content, quantity, characteristics, and benefits included in any purchase, package, or subscription offered, both for future purchases and for the presentation of products in the store. Purchases already made and consumed shall not be retroactively affected. The Developer offers subscription plans and purchase products whose prices are displayed in the App Store according to 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 policies. The price in effect at the time of purchase or subscription is the applicable price until the next renewal. 3.2 Automatic Renewal Subscriptions renew automatically at the end of each period unless the User cancels at least 24 hours before the end of the then-current period. The renewal charge will be made to the User's Apple account within the 24 hours prior to the expiration of the active period. 3.3 Cancellation and Expiration The User may cancel their subscription at any time from their App Store account settings. Cancellation will take effect at the end of the current subscription period, with no proportional 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 using the base mode features. 3.4 Restore Purchases The User may restore their purchases and subscriptions on any Apple device linked to the same Apple ID used for the original purchase. Restoration is managed through the functionality provided by the Apple App Store and allows the User to regain access to purchased content without making a new payment, provided that the purchases or subscriptions are active. 3.5 Plan Change The User may change between subscription plans at any time from 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 depending on the User's country and are subject to applicable local taxes in accordance with Apple policies. 3.7 Refunds Refunds are subject exclusively to Apple's Refund Policy. The Developer does not process or manage refunds directly. To request a refund, the User must contact Apple through reportaproblem.apple.com. 3.8 Protection Against Purchase Fraud 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. • Sharing accounts or purchases among multiple users in an unauthorized manner. • 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. • Delete resources, progress, or content obtained through fraudulent methods. • Permanently disable access to the Application. • Fully cooperate with Apple Inc. in fraud investigations by 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 required to provide detailed evidence of fraud detection before 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 ad removal 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-application 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 form, location, 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 advertised applications are independent products, each with its own features, terms of use, and privacy policies. The Developer assumes no responsibility whatsoever 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 issue, claim, or inquiry related to such applications must be directed directly to the support service of the corresponding application. By interacting with the advertisements and downloading or using any of the advertised applications, the User agrees to be subject to the specific terms of use and privacy policies of 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 the display of advertisements is part of the base mode experience and that they may remove them 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 personal Apple devices compatible with iOS, 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 It is expressly prohibited to: • Copy, reproduce, modify, distribute, sell, assign, lease, or sublicense the Application or any part thereof. • Reverse engineer, decompile, disassemble, or attempt to obtain the source code of the Application. • Create derivative works based on the Application. • Circumvent, disable, or interfere with the Application's license, subscription, or security systems. • Use the Application for any illegal purpose. • Use automated tools, bots, or scripts to interact with the Application or manipulate the game. • Transfer the license to a third party. • Exploit bugs or glitches in the game to obtain unintended advantages. 4.3 Specific Anti-Cheat and Client Modification Prohibitions In addition to the foregoing general restrictions, it is expressly prohibited to: • Use jailbroken, rooted, or otherwise operating-system-modified devices that alter iOS security protections. • Run the Application on emulators, virtual machines, or any environment other than an authentic physical iOS device. • Use debugging tools, code injection, memory modification, or any third-party software designed to alter the behavior of the Application. • Manipulate, modify, or alter memory values, game variables, resources, progress, or any other data stored locally by the Application. • Intentionally use exploits, glitches, or game vulnerabilities to obtain advantages, resources, or progress not intended by the design of the game. • Share, distribute, or publish methods, tools, or instructions to carry out any of the prohibited activities described above. The Developer reserves the right to: • Implement anti-cheat detection systems in future updates without prior notice. • Modify or delete progress, resources, or content obtained through prohibited methods. • Suspend or permanently revoke access to the Application in the event of 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 protections of the Application constitutes a serious violation of these Terms and may result in the immediate termination of the license without refund, without prejudice to any applicable legal actions. 5. ACCEPTABLE USE AND USER CONDUCT The User agrees to use the Application responsibly and in accordance with the law. It is prohibited to: • Use the Application in a manner that may damage, disable, overload, or impair its operation. • Attempt to obtain unauthorized access to any part of the Application. • Take any action that interferes with the normal operation of the Application. The Developer reserves the right to suspend or cancel access to the Application in the event of uses contrary to this section, without prejudice to the corresponding legal actions. 5.1 Protection Against False Reviews and Defamation The User agrees not to participate in: • Coordinated campaigns of false or misleading negative reviews on the App Store or other platforms. • Publication of false, defamatory, or misleading information about the Application, the Developer, or their 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: • Respond publicly to reviews, comments, or accusations that the Developer considers false, misleading, or defamatory. • Request Apple or other platforms to 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, damage to business reputation, or unfair competition against users who publish false information with the intent to cause harm. The User acknowledges that legitimate criticism and honest opinions are protected, but defamation, deliberately false information, and coordinated disparagement 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 and progress storage, is carried out entirely on the User's device. The Application does not require an internet connection to operate its main functions and does not transmit game data, progress, scores, statistics, or any other data to external servers. 6.2 No-Tracking Policy — Current Situation and Future Changes In its current version, the Application does not collect, track, or transmit any personal data of 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 crash reporting systems or anonymous performance analytics — solely for the purpose of improving the stability and operation of the Application. In such case, the Developer will update the Privacy Policy prior to the implementation of such changes, and such data will always be anonymous and non-identifiable. Continued use of the Application after the update shall constitute acceptance of the new terms. 6.3 Technical Data Through Apple Apple Inc. may collect anonymous technical data (crash 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 personally identifiable information of the User. 6.4 Storage, Backups, and Data Loss Game progress, statistics, scores, settings, and resources are stored exclusively locally on the User's device. Certain data may be stored in the device's synchronizable Keychain to maintain persistence between sessions and devices. The management and backup of such data is the responsibility of the User. The Developer does not perform, manage, or guarantee backups of any User data. Synchronization Between Devices: If the User has iCloud Keychain enabled, certain game data may be automatically synchronized between their devices. This synchronization is managed exclusively by Apple Inc. The Developer does not guarantee the continuous availability, accuracy, or synchronization of this data and shall not be liable for its loss, corruption, lack of synchronization, or any related issue due to causes attributable to iCloud, changes in the User's iCloud account, or any other cause beyond the Developer's control. The User is solely and exclusively responsible for making periodic backups of their device through iCloud, iTunes, or other solutions of their choice. The Developer assumes no responsibility 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. • Uninstallation or reinstallation of the Application. • Factory reset or restoration of the device. • 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 THEIR GAME PROGRESS ARE AT THEIR OWN RISK, AND THAT THE DEVELOPER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR LOSS OF DATA, PROGRESS, SCORES, OR RESOURCES, REGARDLESS OF THE CAUSE. 7. NATURE OF THE GAME AND NO GUARANTEES REGARDING RESULTS 7.1 Entertainment Game The User expressly acknowledges and agrees that Midnight Lofi Deck Solitaire is an entertainment game based on strategy and skill, and that match results depend on multiple factors, including the player's decisions, the selected difficulty, the distribution of the cards, and other game elements. 7.2 No Guarantees of Progress THE DEVELOPER DOES NOT GUARANTEE: • That the User will reach specific levels, complete missions, or achieve particular objectives. • That the User will obtain specific wins, resources, or rewards. • That the User's progress will be maintained or preserved under all circumstances. • That the difficulty of the game will remain constant between updates. • That the mechanics, rules, or systems of the game will remain unchanged. 7.3 Game Modifications The Developer reserves the right to modify, at any time and without prior notice: • The difficulty of the game and gameplay mechanics. • The rules and systems of the game. • The availability, quantity, cost, or effects of resources and game items. • The balance of any aspect of the game. • The availability of content, levels, worlds, or game modes. • Victory conditions or mission objectives. These modifications may affect the User's existing progress, perceived difficulty, or gameplay experience, without this constituting a defect, failure, or breach by the Developer or giving rise to any right to claim, compensation, or refund. 8. RESOURCES AND GAME ITEMS 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, game items, 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 Purchased consumable resources are used during gameplay according to the implemented mechanics. Once consumed, they cannot be recovered except through a new acquisition 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. 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. Taking regular breaks is recommended. 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, DIAGNOSIS, OR TREATMENT 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 motion injuries, headaches, aggravation of pre-existing conditions, or excessive or compulsive use behaviors. If you experience discomfort during use, stop using the Application and consult a healthcare professional. By using this Application, the User assumes responsibility for any effect that 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 or assume responsibility for: • The Application operating uninterrupted, error-free, or free of defects. • The game results being satisfactory or suitable for the User's expectations. • The Application being compatible with future versions of iOS or other operating systems. • Loss of progress, data, scores, resources, or any consequence arising 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 of, 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 for subscriptions and purchases during the last six (6) months prior to the event giving rise to the claim; or • (b) The sum of 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 the Developer's reasonable control, including: • Natural disasters, earthquakes, floods, epidemics, or pandemics. • Acts of war, terrorism, civil unrest, or acts of government. • Interruptions, failures, or changes in the services, policies, or platforms of Apple Inc., including the App Store, iCloud, or iOS updates. • Widespread internet or telecommunications infrastructure failures. • Cyberattacks, malware, or unauthorized access to third-party systems. • Changes in legislation, governmental regulations, or court decisions. The occurrence of a Force Majeure Event shall not grant the User any right to a refund, compensation, or indemnification of any kind. 12. WAIVER OF CLASS ACTIONS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE USER EXPRESSLY WAIVES THEIR RIGHT TO INITIATE, PARTICIPATE IN, OR JOIN ANY CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING AGAINST THE DEVELOPER, WHETHER IN COURT OR ARBITRATION. Any claim must be brought by the User individually and exclusively. If this waiver is deemed unenforceable with respect to a specific claim, such claim must proceed individually, without affecting the validity of this waiver with respect to all others. 13. TIME LIMITATION FOR FILING CLAIMS WITHOUT PREJUDICE TO THE LIMITATION PERIODS 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 A REASONABLE PERIOD FOLLOWING THE DATE ON WHICH THE USER BECAME AWARE, OR REASONABLY SHOULD HAVE BECOME AWARE, OF THE EVENT GIVING RISE TO THE CLAIM. After such period has elapsed, the claim may become 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 claim, damage, loss, liability, cost, and expense (including reasonable attorneys' fees) arising from or related to: • The User's use of the Application. • The User's violation of these Terms. • Any violation of applicable laws committed by the User. This indemnification obligation shall survive termination of these Terms and cessation of use of the Application by the User. 15. INTELLECTUAL PROPERTY OF THE APPLICATION The Application, including its source code, visual design, logos, trade name "Midnight Lofi Deck Solitaire," user interfaces, graphics, music, sound effects, and documentation, is protected by the intellectual property laws of Bolivia and applicable international treaties. 15.1 Trademark Protection and Use of the Name The name "Midnight Lofi Deck Solitaire," its variations, logos, trademarks, and associated distinctive elements are the exclusive property of the Developer and are protected by applicable intellectual property laws. The User is expressly prohibited from: • Using the Application's name, logos, or marks in products, services, commercial content, or any material that suggests affiliation, sponsorship, or endorsement by the Developer without prior written authorization. • Creating, distributing, or commercializing derivative products, merchandise, digital content, or any material that uses the Application's intellectual property. • Using the Application's name or brand in a manner that may cause confusion, deception, or dilution of the brand. 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 Musical Content 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, permits, and authorizations necessary to incorporate and use such audio content in the Application. THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT: • The User does NOT acquire any right, license, permission, or authorization over the music or sound effects included in the Application. • The User is NOT authorized to extract, copy, reproduce, record, distribute, transmit, publicly perform, synchronize, adapt, modify, or use in any way 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. Failure to comply with these restrictions constitutes a serious violation of these Terms and may result in the immediate termination of the license to use, without prejudice to any legal actions that may apply for copyright infringement. 15.3 Content Generated with Artificial Intelligence Assistance The Application may contain visual elements and other creative content that have been created with the assistance of generative artificial intelligence tools. The Developer declares that: • The Developer has all licenses, permissions, rights, and authorizations necessary to incorporate, use, distribute, and commercialize all content generated with artificial intelligence assistance included in the Application. • The Developer has complied with all terms of service, licenses, and legal requirements applicable to the artificial intelligence tools used in the creation of the content. • The Developer has the legal right to use, modify, distribute, and sublicense such content in the context of the Application. The User expressly acknowledges and agrees that: • Content generated with artificial intelligence assistance is subject to the same usage restrictions as the rest of the Application's content. • The User does NOT acquire any right, license, permission, or authorization over the AI-generated content included in the Application. • The User is NOT authorized to extract, copy, reproduce, distribute, or use in any way 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. Disclosure that certain content has been generated with artificial intelligence assistance does not grant the User any additional rights over such content nor 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 over the Application. The User may not use the Developer's marks, names, or logos without the Developer's prior written consent. 16. AVAILABILITY, MODIFICATIONS, AND UPDATES TO THE APPLICATION 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 temporarily or permanently, with or without prior notice. The Developer shall not be liable to the User or to third parties for any modification, suspension, or interruption of the availability of the Application. 16.2 Mandatory Updates and Outdated Versions The Developer reserves the right to: • Require the installation of updates to continue using the Application or access certain features. • Disable, limit, or discontinue support for older versions of the Application at any time. • Implement mechanisms that prevent outdated versions from operating if deemed necessary for security, stability, or compatibility reasons. The User acknowledges and agrees that: • It is the User's responsibility to keep the Application updated to the most recent version available on the App Store. • Outdated versions may stop functioning partially or entirely without prior notice. • The Developer is not obligated to provide technical support, bug fixes, or maintenance for older versions of the Application. • Refusal to update may result in loss of access to features or inability to use the Application. 16.3 No Guarantees Regarding Updates The Developer DOES NOT guarantee: • That future updates to the Application will be released. • That updates will improve performance, fix 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 errors or issues. • That the Application will remain 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, scores, or resources caused by updates. • Incompatibilities introduced by iOS operating system updates. • Changes in gameplay experience, difficulty, or mechanics resulting from updates. • Performance issues on specific devices after updates. 16.4 Compatibility with iOS and Devices The Developer does not guarantee that the Application will be compatible with: • Future versions of iOS or iPadOS. • Device models released after the latest update of the Application. • Older devices or devices discontinued by Apple. 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 proportional refund for the unused period. The Developer may immediately suspend or terminate the license to use, with or without prior notice, if the User violates these Terms or uses the Application fraudulently or illegally. 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 the applicable law in your 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 Game Items) — Virtual nature and absence of ownership. • Section 10 (Disclaimer of Warranties and Limitation of Liability). • Section 12 (Waiver of Class Actions). • 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 the User stops using the Application, and that any subsequent violation of the surviving provisions may give rise to legal action by the Developer. 18. TECHNICAL REQUIREMENTS The performance of the Application 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 guarantee compatibility with all iPhone or iPad models or with future versions of iOS. 19. APPLE COMPLIANCE (EULA) 19.1 Support and Maintenance The Developer is solely and exclusively 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) the User is not located in a country subject to an embargo by the government of the United States of America or designated as a "state sponsor of terrorism"; and (b) the User is not listed on any prohibited or restricted parties list of the government of the United States of America. 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 that they have the right to enforce them directly against the User. Apple Inc. is not a party to these Terms and assumes no responsibility whatsoever for the Application. 20. JURISDICTION AND GOVERNING LAW These Terms shall be governed by and construed in accordance with the laws of the Plurinational State of Bolivia, without regard to its conflict-of-law provisions. Notwithstanding anything set forth in 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. 20.1 DISPUTE RESOLUTION AND ARBITRATION The User and the Developer agree to resolve any controversy, claim, or dispute arising out of or related to these Terms or use of the Application through the following tiered procedure: FIRST STAGE — DIRECT NEGOTIATION: Any dispute shall first be submitted to a good-faith direct negotiation process between the parties for a minimum period of thirty (30) calendar days from written notice of the dispute. The parties undertake to make reasonable efforts to resolve the dispute amicably during this period. SECOND STAGE — ARBITRATION (To the maximum extent permitted by applicable law): If direct negotiation does not result in a satisfactory resolution for both parties, the dispute shall be resolved by binding arbitration in Bolivia, under the following conditions: • The arbitration shall be administered in accordance with the commercial arbitration rules and procedures applicable in Bolivia or, failing that, in accordance with the rules of the Chamber of Commerce of Bolivia or an equivalent arbitral institution. • The arbitration shall be conducted by one (1) sole arbitrator appointed by mutual agreement of the parties or, failing that, in accordance with the rules of the corresponding arbitral institution. • The arbitration shall be conducted in the Spanish language in the city of La Paz, Bolivia, or through a virtual procedure if both parties agree. • The arbitral award shall be final and binding on both parties and may be enforced before any competent court. • Each party shall bear its own costs and expenses, including attorneys' fees, unless the arbitral award provides otherwise. • The arbitration shall be individual and confidential. Neither party may consolidate claims from multiple users or participate in collective or representative arbitrations. THIRD STAGE — COMPETENT COURTS: If arbitration is not applicable, is prohibited by applicable consumer protection law, or either party expressly opts not to submit to arbitration within the corresponding legal period, the dispute shall be resolved by the competent courts of Bolivia, to whose exclusive jurisdiction the parties expressly submit. EXCEPTIONS TO ARBITRATION: Notwithstanding the foregoing, either party may go directly to the competent courts to: • Obtain urgent injunctive or provisional measures to prevent irreparable harm or protect intellectual property rights. • Enforce an arbitral award. • Bring small-claims actions according to the limits established by small claims courts in jurisdictions that recognize them. WAIVER OF JURY TRIAL: To the maximum extent permitted by applicable law, both parties expressly waive the right to a jury trial in any judicial proceeding related to these Terms or use of the Application. INTERNATIONAL JURISDICTION: For Users located outside Bolivia: Although these Terms are governed by Bolivian law, the Developer acknowledges that certain consumer rights in other jurisdictions cannot be contractually waived. In such cases, the dispute resolution provisions shall apply to the maximum extent permitted by the consumer protection laws of the User's country of residence, and the courts of such country may have concurrent jurisdiction if so established by mandatory local law. 21. MODIFICATIONS TO THE TERMS The Developer reserves the right to modify these Terms at any time. Modifications will be notified through an update to the Application on the App Store. Continued use of the Application after 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 effective date of the modifications. 22. SEVERABILITY AND WAIVER 22.1 Severability If any provision, clause, term, or condition of these Terms of Use is declared invalid, illegal, null, inapplicable, or unenforceable by a competent court, administrative authority, regulatory body, or arbitral award, such declaration shall have the following effects: • The invalid provision shall be severed and removed from these Terms only to the extent of its invalidity, illegality, or unenforceability. • The remaining provisions of these Terms shall continue in full force and legal effect and shall remain valid, binding, and enforceable as if the invalid provision had never formed part of the agreement. • If possible under applicable law, the invalid provision shall be reinterpreted, reformed, or modified to the minimum extent necessary to make it valid, legal, and enforceable, preserving to the greatest extent possible the original intent of the parties. • If modification or reinterpretation is not possible, the provision shall be completely removed without affecting the validity of the rest of the agreement. This severability clause applies to each section, subsection, paragraph, sentence, and individual provision of these Terms, ensuring that the invalidity of one part does not invalidate the agreement in its entirety. 22.2 Waiver The Developer's failure, delay, or omission in exercising, requiring, or enforcing any right, power, remedy, or provision of these Terms shall not constitute or be interpreted as: • A waiver of such right, remedy, or provision. • A modification of these Terms. • A precedent or limitation on the Developer's right to exercise such right in the future. Any waiver of a specific provision of these Terms by the Developer shall be valid only if made in writing, signed by an authorized representative of the Developer, and shall be effective exclusively for the specific situation for which it was granted, without constituting a continuing waiver or a waiver applicable to similar future situations. The partial exercise of any right or remedy shall not prevent the subsequent exercise of that same right or of any other right or remedy available under these Terms or under applicable law. 23. CONTACT AND SUPPORT For questions, claims, or technical support related to the Application: • Email: support@stayarts.com The Developer will make best efforts to respond within a reasonable period, without guaranteeing specific response times or resolution of all reported issues. 24. 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 expressly acknowledges and declares that: • The User has had access to the Spanish version of these Terms. • The User has read and understood the Spanish version, or has had a reasonable opportunity to obtain assistance in understanding it. • The User accepts that the Spanish version is the only legally binding version. • The User waives any claim based on inaccurate, incomplete, or erroneous translations into other languages. • Any automatic, unofficial, or third-party-provided translation is not the responsibility of the Developer. If the User does not understand the Spanish language, it is the User's responsibility to obtain professional translation assistance or legal advice before accepting these Terms. Use of the Application constitutes acceptance that the Spanish version is the official and binding version. FINAL ACKNOWLEDGMENT: BY USING MIDNIGHT LOFI DECK SOLITAIRE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE IN THEIR ENTIRETY.