TERMS OF SERVICE

MAGO: DASHING STAR!

DREAM POTION GAMES S.A.C.

Last Updated: [Effective Date]

IMPORTANT: THIS IS A LEGALLY BINDING AGREEMENT. BY CLICKING "I ACCEPT" OR BY DOWNLOADING, INSTALLING, OR USING THE GAME, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE (THE "TERMS") AND OUR PRIVACY POLICY (https://dreampotiongames.com/privacypolicy.html), WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND OUR PRIVACY POLICY, YOU ARE NOT PERMITTED TO DOWNLOAD, INSTALL, OR USE THE GAME. YOUR USE OF THE GAME IS CONDITIONED UPON YOUR EXPRESS ACCEPTANCE OF THESE TERMS AND OUR PRIVACY POLICY.

1. ACCEPTANCE AND CONSENT

By clicking “I Accept” or by downloading, installing, or using the Game, you signify your agreement to these Terms of Service and our Privacy Policy (https://dreampotiongames.com/privacypolicy.html) including the collection of anonymous usage data through Firebase Analytics and the serving of advertisements via Google AdMob, as outlined therein.

Consent for Personalized Advertising:

By proceeding to use the Game, you acknowledge that you have read and understood how data is collected and used, including for advertising purposes, as detailed in these Terms and our Privacy Policy.

2. AGE REQUIREMENT

Mago: Dashing Star! is intended for users aged 13 and over, as determined by the user’s Google Play account settings. We do not knowingly collect personal information from children under 13, in compliance with the Children’s Online Privacy Protection Act (COPPA) and other laws. Please refer to our Privacy Policy for more detail (https://dreampotiongames.com/privacypolicy.html).

3. ACCOUNTS AND DATA

4. LICENSE

4.1 Grant:

We grant you a personal, non-transferable, revocable license to play the Game for non-commercial entertainment purposes only, subject to these Terms. You acknowledge that the Game requires an internet connection for certain functionalities, including saving progress and accessing all features. We are not responsible for issues arising from unstable or absent internet connectivity, including potential loss of progress.

4.2 Restrictions:

You are strictly prohibited from:

Regarding Virtual Currency and Items: The Game may include virtual currency ("Premium Orbs") and virtual in-game items. These digital assets are licensed to you for use within the Game only. You acknowledge that you do not own these virtual items or currency and have no right to transfer, sell, or trade them outside of the Game's intended mechanics, if any are provided. We reserve all rights to manage, modify, or remove virtual currency and items within the Game at our sole discretion, as further detailed in Section 2 (Ownership).

4.3 Updates:

We may deploy mandatory updates to the Game to ensure proper functionality, security, and the delivery of new content. By continuing to use the Game after an update is deployed, you signify your acceptance of the updated version of the Game and these Terms as they may be modified by such updates.

4.4 Ad-Gated Content:

Certain optional in-game features or content (e.g., bonus levels) may be unlocked by viewing advertisements served by Google AdMob (subject to their policies). These features are optional and their availability may be modified or removed at our sole discretion. We will endeavor to provide reasonable notice of significant changes to or the removal of such features. Your continued use of the Game after such changes constitutes your acceptance. If you do not agree with such changes, your sole remedy is to cease using the Game. We do not guarantee that rewards will be granted if advertisements fail to load or complete, and an active internet connection is required for this feature.

5. IN-GAME PURCHASES

The Game offers opportunities to enhance your gameplay experience through in-app purchases available via Google Play Billing, which is managed and processed by Google Play and subject to the Google Play Terms of Service. These purchases include:

As all transactions are processed by Google Play, we only receive confirmation of the transaction, including the item purchased, the price, and the date of the transaction, as well as an anonymous order ID. We do not have access to your email address or any payment details.

Parents and guardians are encouraged to utilize the parental control settings available in the Google Play Store to manage and restrict in-app purchases on their devices. These can be accessed through the Google Play Store settings or Family Link (https://play.google.com/about/families/).

6. ADVERTISING

You acknowledge and agree that Mago: Dashing Star! may feature advertisements served by us and third-party advertising partners, including Google AdMob. By using the Game, you understand that:

For more detailed information about our advertising practices and the data collected by our advertising partners, please refer to our Privacy Policy available at: https://dreampotiongames.com/privacypolicy.html.

7. OWNERSHIP

All rights, title, and interest in and to the Game, including but not limited to its code, software, graphics, artwork, user interfaces, audio, music, visual content, characters, names, virtual currency (Premium Orbs), virtual items, and all other content, are owned by or licensed to Dream Potion Games and are protected by applicable intellectual property laws. You acknowledge that you receive no ownership rights in or to any part of the Game or its content, including any virtual currency or virtual items, regardless of whether you have "earned" or "purchased" them. These virtual assets are for your entertainment within the Game only and have no real-world monetary value. Dream Potion Games has the absolute right to manage, regulate, control, modify, and/or eliminate such virtual currency and/or virtual items at any time, with or without notice, and shall have no liability to you or any third party for the exercise of such rights.

8. PRIVACY

Dream Potion Games is committed to protecting your privacy. This Game utilizes third-party services (as detailed in these Terms) that may collect certain data. For comprehensive information about our privacy practices, including the types of data collected, how it is used, and your rights regarding your data, please refer to our Privacy Policy available at: https://dreampotiongames.com/privacypolicy.html

By using the Game, you acknowledge that you have read and understood our Privacy Policy.

9. DISCLAIMERS

9.1 "AS IS" and "AS AVAILABLE" Basis:

THE GAME IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DREAM POTION GAMES DOES NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

9.2 Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DREAM POTION GAMES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE GAME. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OR CORRUPTION OF GAME PROGRESS, DATA, VIRTUAL CURRENCY, OR VIRTUAL ITEMS, AS WELL AS ERRORS OR PERFORMANCE ISSUES.

9.3 Specific Exclusions of Liability:

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT DREAM POTION GAMES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM:

You understand and agree that game progress in Mago: Dashing Star! is exclusively saved and synchronized through Google Play Games cloud saving services. Maintaining a stable internet connection is crucial for ensuring that your progress is saved correctly. Dream Potion Games is not responsible for any loss of game progress resulting from an unstable, intermittent, or absent internet connection, as this is a condition necessary for the cloud saving functionality provided by Google Play Games.

Therefore, you are responsible for ensuring a stable internet connection during gameplay to prevent potential loss of progress. Dream Potion Games does not provide any local saving options on your device.

10. TERMINATION

We reserve the right to suspend or terminate your license to use the Game and your access to it at any time, with or without cause and without prior notice. Reasons for termination may include, but are not limited to, your breach of these Terms.

Upon termination, your right to access and use the Game will immediately cease. You are required to uninstall the Game from all devices on which it is installed.

The following sections of these Terms, as well as any provisions that by their nature are intended to survive termination, shall continue in effect after your license and access to the Game are terminated:

Unless explicitly required by applicable law, no refunds will be provided for any unused virtual currency, virtual items, or any other in-app purchases in the event of termination of your license or access to the Game. We may consider refund requests for paid purchases (e.g., Ad-Removal Pass) on a case-by-case basis, as required by applicable consumer protection laws.

11. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of Peru, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms or the Game shall be subject to the exclusive jurisdiction of the courts of Lima, Peru.

To the fullest extent permitted by Peruvian applicable law, you agree to waive any right to participate in a collective action lawsuit (acción colectiva) with respect to any claim arising out of or relating to these Terms or the Game. You acknowledge that you may only bring claims against Dream Potion Games in your individual capacity.

12. CHANGES TO TERMS

Dream Potion Games reserves the right to modify, amend, or update these Terms of Service and our Privacy Policy at any time in our sole discretion. We will provide notice of material changes to these Terms by posting the updated Terms on our website (www.dreampotiongames.com) with an updated “Last Updated” date or through in-game notifications.

Your continued use of the Game after the effective date of any changes constitutes your acceptance of the updated Terms and/or Privacy Policy. If you do not agree with the changes, you may stop using the Game and uninstall it.

13. DATA DELETION

Please be aware that your game progress and cloud save data are managed by Google Play Games. To delete this information, you will need to use the Google Play Games app or visit Google's Privacy Portal: https://privacy.google.com/take-control.html. If you require assistance with this process, you can also email us at contact@dreampotiongames.com.

14. MINIMUM TECHNICAL REQUIREMENTS

To ensure optimal performance of the Game, your mobile device must meet the following minimum technical specifications: MINIMUM OPERATING SYSTEM VERSION ANDROID 12, MINIMUM RAM 4GB, MINIMUM PROCESSOR OCTA-CORE 1.8 GHZ, MINIMUM FREE STORAGE SPACE 1GB. These requirements ensure full functionality, including gameplay, advertisements, and cloud saving. Devices below these specifications may experience issues. We do not guarantee that the Game will function correctly or at all on devices that do not meet these requirements. It is your responsibility to ensure your device meets these specifications before downloading and continuing to use the Game.

15. SEVERABILITY

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of these Terms shall continue in full force and effect.

16. COPYRIGHT AND USER-GENERATED CONTENT

16.1 Intellectual Property:

All rights, title, and interest in and to the Game, including but not limited to its software, code, graphics, text, sounds, music, videos, and other content, are owned by or licensed to Dream Potion Games and are protected by applicable intellectual property laws. You acknowledge that you have no ownership rights in the Game or any of its content.

16.2 User-Generated Content License:

If you share any content related to the Game, such as screenshots or videos ("User Content"), you grant Dream Potion Games a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, sub-licensable license to use, reproduce, distribute, modify, create derivative works of, publicly display, and publicly perform such User Content in connection with the Game and our business, including for promotional and marketing purposes, in any media formats and through any media channels. You represent and warrant that you have all necessary rights to grant us this license. You may request removal of your User Content from our promotional materials by emailing contact@dreampotiongames.com, and we will comply within 30 days, provided the content is not already in public circulation.

16.3 Use by Content Creators and Streamers:

Dream Potion Games permits content creators and streamers to create and share audiovisual content based on the Game for non-commercial purposes, provided they: (a) provide appropriate attribution to the Game and Dream Potion Games; (b) do not use the content for third-party marketing without our prior written consent; and (c) comply with these Terms, including the rules regarding prohibited conduct. Dream Potion Games reserves the right to request the removal of any content that we deem to be in violation of these Terms or harmful to the Game or our reputation.

17. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Dream Potion Games with respect to the Game and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Dream Potion Games.

18. CONTACT

If you have any questions or concerns about these Terms, please contact us at: