MITHOMI

Terms of Use

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 TO ANY OF THEM, DO NOT USE THE APPLICATION.

1. ACCEPTANCE OF THE TERMS

By downloading, installing, accessing, or using Mithomi: Look, Think and Draw (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 to any of these Terms, do not use the Application. Continued use after any update to the Terms constitutes acceptance of the 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 figures, designs, visual effects, code, and themes), and any virtual item acquired within it (resources, unlocked features, game modes) are and shall remain the exclusive property of the Developer.

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

1.2 Audience and Minimum Age

Mithomi: Look, Think and Draw is designed for a general audience. Use and availability of the Application are subject to the age rating displayed in the App Store and to any requirements that may apply in the User's country or region.

Through these Terms, the Developer does not establish any minimum age different from that which may apply under the App Store age rating or applicable law.

Use by minors must occur under the supervision of a parent, guardian, or responsible adult, in accordance with applicable local laws and any age restrictions that Apple Inc. may establish for downloading and using the Application.

2. DESCRIPTION OF THE SERVICE

Mithomi: Look, Think and Draw is a visual memory and drawing game for iOS that challenges the User's ability to memorize and reproduce geometric figures under time pressure. The Application operates exclusively through local processing on the User's device.

The Application DOES NOT transmit, collect, or store on external servers any User game data, progress, statistics, or personal data. All processing occurs entirely on the User's device. Any technical data collected by Apple Inc. through its platforms (such as the App Store) is managed exclusively by Apple in accordance with its own policies and never reaches 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. TOKEN SYSTEM AND ACCESS TO THE GAME

3.1 Access Options

FREE BASE MODE:
The Application provides a functional base mode that allows the User to:
• Play games using a token system in which tokens regenerate over time.
• Access 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-app behavior tracking.

SUBSCRIPTIONS:
Subscriptions provide expanded access that may include:
• Unlimited tokens to play without time restrictions.
• Removal of advertisements.
• Access to additional game modes.
• Visual assistance features during gameplay.
• Other benefits depending on the selected subscription option.

The Developer reserves the right to modify, at any time and without prior notice, the content, functionality, features, and benefits included in any subscription offered, both for future subscriptions and for how products are presented in the store. Active subscriptions will continue to provide the applicable benefits until they expire.

3.2 Token System

The free base mode uses a token system that regulates access to games:
• Tokens are consumed when a game begins.
• Tokens regenerate automatically over time according to the parameters defined by the Application.
• The number of available tokens, regeneration time, and conditions of use may be modified by the Developer at any time without prior notice.

Users with an active subscription that includes unlimited tokens are not subject to this regeneration system.

4. SUBSCRIPTIONS AND PAYMENTS

4.1 Subscription Plans

The Developer offers monthly and annual subscription plans whose prices are displayed in the App Store according to the User's region at the time of subscription. The Developer reserves the right to modify prices at any time. The price in effect at the time of subscription shall apply until the next renewal.

4.2 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 made to the User's Apple account within the 24 hours preceding the expiration of the active period.

4.3 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 prorated refund for unused time.

When the subscription expires or is canceled, the User will lose access to the premium features associated with that subscription. The User may continue using the base-mode features with the token system.

4.4 Restoration of Subscriptions

The User may restore subscriptions on any Apple device linked to the same Apple ID used for the original subscription. Restoration is managed through the functionality provided by the Apple App Store.

4.5 Change of Plan

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.

4.6 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's policies.

4.6.1 Subscription Status Verification

The Application communicates with Apple Inc. services (App Store) to verify the status of your subscription (active, expired, plan type) each time the Application is launched or periodically during use. This communication is necessary to determine which features are available to the User based on their subscription status.

Subscription status information may be stored locally on the device and synchronized through iCloud Keychain across devices linked to the same Apple ID used by the User. This synchronization is managed by Apple Inc. and is subject to Apple's Privacy Policy.

The Developer does not have access to the User's payment data or account information. Verification is performed exclusively through Apple's systems.

4.7 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 through reportaproblem.apple.com.

5. 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-app behavior 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 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, or any other aspect related to the advertised applications. By interacting with the advertisements and downloading or using any of the advertised applications, the User agrees to be bound by the specific terms of use and privacy policies of each application.

The User acknowledges and agrees that the display of advertisements is part of the base-mode experience and that the User may remove them by purchasing a subscription that includes this feature.

6. LICENSE TO USE

6.1 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.

6.2 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 gameplay.
• Transferring the license to a third party.
• Exploiting errors or defects in the game to obtain unintended advantages.
• Using jailbroken devices or other operating system modifications that alter iOS security protections.

The Developer reserves the right to suspend or permanently revoke access to the Application for violations of these prohibitions, without refund. The Developer may exercise its rights in accordance with applicable law.

7. ACCEPTABLE USE AND USER CONDUCT

The User agrees to use the Application responsibly and in accordance with the law. The following are prohibited:
• Using the Application in a manner that may damage, disable, or impair its operation.
• Attempting to gain unauthorized access to any part of the Application.
• Taking any action that interferes with the normal operation of the Application.

The Developer reserves the right to suspend or terminate access to the Application for uses contrary to this section.

8. LOCAL PROCESSING, PRIVACY, AND DATA

8.1 Exclusive On-Device Processing

All game processing, including game logic and progress storage, is performed 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, scores, statistics, or any other data to external servers.

Exception - Subscription Verification: The sole exception to the foregoing is communication with Apple Inc. services (App Store) to verify the User's subscription status. This communication does not involve the Developer's servers and is managed exclusively by Apple in accordance with its own privacy policies.

8.2 No-Tracking Policy

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 technical tools in future versions for the purpose of improving the stability and operation of the Application. In such event, the Developer will update the Privacy Policy, and such data will always be anonymous and non-identifiable. Users are encouraged to review the Privacy Policy periodically.

8.3 Technical Data Through Apple

Apple Inc. may collect anonymous technical data (error reports, performance statistics) through its own platforms (App Store Connect Analytics), in accordance with Apple's Privacy Policy. This data is managed exclusively by Apple and never reaches the Developer's servers. It does not include personally identifiable information of the User.

8.4 Data Storage and Loss

Game progress, statistics, scores, and settings are stored exclusively locally on the User's device. Certain data may be stored in the device's secure storage system to maintain persistence between sessions. Management and backup of such data are the User's responsibility. The Developer does not perform, manage, or guarantee backups of any User data.

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 or Application updates.
• Uninstallation or reinstallation of the Application.
• Factory reset or restoration of the device.
• Incompatibilities with future versions of iOS.
• 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 ARE AT THE USER'S OWN RISK, AND THAT THE DEVELOPER SHALL IN NO EVENT BE LIABLE FOR THE LOSS OF DATA, PROGRESS, OR RESOURCES, REGARDLESS OF THE CAUSE.

9. NATURE OF THE GAME AND MODIFICATIONS

9.1 Entertainment Game

The User expressly acknowledges and agrees that Mithomi: Look, Think and Draw is an entertainment game based on visual memory and drawing accuracy, and that game results depend on multiple factors, including the player's skills, level difficulty, available time, and game mechanics.

9.2 No Guarantees of Progress

THE DEVELOPER DOES NOT GUARANTEE:
• That the User will reach specific levels, complete objectives, or achieve particular goals.
• That the User's progress will be maintained or preserved under all circumstances.
• That game difficulty will remain constant between updates.
• That the game's mechanics, rules, or systems will remain unchanged.

9.3 Game Modifications

The Developer reserves the right to modify, at any time and without prior notice:
• Game difficulty and gameplay mechanics.
• Game rules and systems.
• The library of available figures.
• The scoring and evaluation system.
• Visual themes and design elements.
• Memorization and drawing times.
• The availability of content, levels, or game modes.
• The behavior of the token system (quantity, regeneration, consumption).
• Win conditions or objectives.

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

10. GAME RESOURCES AND ELEMENTS

10.1 Virtual Nature

All resources, elements, and content obtained or unlocked within the Application (including tokens, game modes, premium features, and any other item) are virtual, have no real-world monetary value, and cannot be redeemed for money or transferred outside the Application.

10.2 No Actual Ownership

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

10.3 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.

11. INTELLECTUAL PROPERTY

11.1 Ownership of the Application

The Application, including its source code, visual design, logos, trade name "Mithomi: Look, Think and Draw," user interfaces, geometric figures, visual themes, effects, and documentation, is protected by the intellectual property laws of the Plurinational State of Bolivia and applicable international treaties.

11.2 Third-Party Content - Music and Sound Effects

The music and sound effects included in the Application are the property of their respective authors and licensors and are used under specific licenses that permit their use within the context of the Application. The User DOES NOT acquire any rights in the music or sound effects included in the Application.

The following are expressly prohibited:
• Extracting, copying, reproducing, downloading, or distributing the music or sound effects included in the Application.
• Using the music or sound effects outside the context of the Application.
• Reverse engineering to obtain the audio files.
• Creating derivative works based on the included music or sound effects.
• Commercializing, selling, or sublicensing the music or sound effects.

The Developer has obtained the necessary licenses for the use of the music and sound effects within the Application. Any unauthorized use may constitute copyright infringement and may be subject to the corresponding legal actions by the rights holders.

The User acknowledges and agrees that the copyright holders of the music and sound effects are third-party beneficiaries of this clause and may enforce their rights directly against any User who violates these restrictions.

11.3 Trademark Protection and Use of the Name

The name "Mithomi: Look, Think and Draw," 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 trademarks on products, services, or commercial content without prior written authorization.
• Creating, distributing, or commercializing derivative products, merchandise, or digital content that uses the Application's intellectual property.
• Using the Application's name or trademark in a manner that may cause confusion or trademark dilution.

The Developer reserves the right to pursue any legal remedies available for unauthorized use of its intellectual property.

12. HEALTH WARNING AND DISCLAIMER

WARNING: A small percentage of people may experience epileptic seizures or discomfort 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 eyestrain, headaches, or muscular discomfort. Taking regular breaks is recommended. Do not use the Application while driving, operating machinery, or engaging in any activity that requires your 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, eyestrain, repetitive motion injuries, headaches, or patterns of excessive use.

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

By using this Application, the User assumes responsibility for any effects that its use may have on the User's health.

13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

13.1 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.

13.2 Specific Exclusions of Liability

The Developer does not guarantee or assume responsibility for:
• The Application operating without interruption, errors, or defects.
• Game results 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, scores, or any consequence arising from use of the Application.
• Failures, delays, or interruptions caused by factors beyond the Developer's control.
• The gameplay experience, game difficulty, or game balance.
• Any direct, indirect, incidental, special, consequential, or punitive damages arising from use of or inability to use the Application.

13.3 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, OR 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 aggregate 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 during the twelve (12) months preceding the event giving rise to the claim; or
• (b) USD $10.00 (ten United States dollars).

14. 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 action.
• Interruptions, failures, or changes in Apple Inc. services, policies, or platforms, including the App Store or iOS updates.
• Widespread internet or telecommunications infrastructure failures.
• Changes in laws, government regulations, or court rulings.

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

15. MODIFICATIONS TO THE TERMS

The Developer may update these Terms from time to time to reflect changes to the Application, applicable law, or industry practices.

Any changes will be reflected by updating the "Last updated" date at the beginning of this document. Users are encouraged to review these Terms periodically. Continued use of the Application after changes are posted constitutes acceptance of the updated Terms.

16. TERMINATION

The Developer reserves the right to suspend or terminate the User's access to the Application at any time, with or without cause, with or without prior notice, especially in the event of a violation of these Terms.

Upon termination, all licenses granted under these Terms shall immediately cease, and the User must stop using the Application.

17. SEVERABILITY

If any provision of these Terms is declared invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or, if that is not possible, shall be deemed severed from these Terms. The remaining provisions shall remain in full force and effect.

18. COMPLIANCE WITH APPLE (EULA)

18.1 Support and Maintenance

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

18.2 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 United States government list of prohibited or restricted parties.

18.3 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.

19. JURISDICTION AND GOVERNING LAW

These Terms are governed by the laws of the Plurinational State of Bolivia. Any dispute arising from the use of this Application or these Terms shall be submitted to the competent courts of Bolivia.

Notwithstanding the foregoing, nothing in these Terms limits any rights the User may have under the consumer protection laws of the Plurinational State of Bolivia that cannot be contractually waived.

20. OFFICIAL LANGUAGE

These Terms were originally drafted in Spanish. They may be translated into other languages for the User's convenience. In the event of any discrepancy between the Spanish version and any translation, the original Spanish version shall prevail in all cases.

21. CONTACT

If you have questions, concerns, or requests related to these Terms or the operation of the Application, you may contact us through:

• Email: support@stayarts.com

The Developer undertakes to respond to any inquiry within a reasonable period of time.