Terms of Service
Effective date: September 25, 2026
These Terms of Service (“Terms”) govern the games, apps, websites, content, and related services (“Services”) provided by Magical Moose LLC (“we,” “us,” or “our”). By accessing or using our Services, you agree to these Terms. If you do not agree, do not use the Services.
U.S. residents: Section 14 requires individual arbitration and waives class actions, affecting your rights to court proceedings and a jury trial. You may opt out within 30 days of first accepting these Terms.
1. Eligibility
You must be at least 16, or the higher minimum age required by local law, to use the Services. If you are below the age of majority where you live, a parent or guardian must accept these Terms and supervise your use and purchases. Do not use the Services where prohibited by law.
Any required privacy consent is obtained separately. See our Privacy Policy for children’s privacy and how to report underage use or request access to or deletion of a child’s information.
2. Access and Use
Player IDs
No registration or login is required. Each installation receives a random player ID and may receive an anonymous technical account that secures server requests, such as purchase verification and data deletion. Neither provides a login or syncs progress across devices.
Device and account security
Keep your device and app store account secure, follow the app store’s terms, and promptly report unauthorized purchases.
Requirements and availability
You are responsible for compatible equipment, any required internet access, and related costs. Availability and features may vary by device, region, and Service.
3. Privacy
Our Privacy Policy explains our data practices, your privacy rights, and available choices. We obtain any required privacy consent separately from acceptance of these Terms. The policy explains how to withdraw that consent. We use gameplay and technical information to operate the Services, personalize your experience, and address violations such as cheating, fraud, tampering, or abuse.
4. Ownership and Your License
Ownership
We and our licensors own the Services, including their software, artwork, audio, content, names, and logos.
Your license
Subject to these Terms, we grant you a limited, personal, non-exclusive, revocable license to use the Services for non-commercial entertainment on supported devices you own or control. You may not transfer or sublicense this license. Additional Apple specific terms appear in Section 16.
Gameplay sharing
As an exception to the non-commercial restriction, you may share screenshots and gameplay videos you create, including monetized videos and streams. You must not imply our endorsement or violate others’ rights. This permission does not allow you to sell or separately distribute game assets.
5. Conduct and Game Rules
Prohibited conduct
You must not:
Cheat or bypass protections: Exploit bugs, use bots, run modified game software, or bypass payment and security protections.
Compromise security: Introduce malware, disrupt systems, or access data without authorization.
Harm and abuse: Harass, threaten, impersonate, violate others’ rights, manipulate ad rewards, submit fraudulent refunds or chargebacks, abuse support, or engage in other unlawful conduct.
Content misuse: Copy, sell, modify, reverse engineer, or commercially exploit our content without permission under these Terms or applicable law.
Game rules and additional terms
In-game rules and instructions form part of these Terms for the relevant features. They may change for the reasons described in Section 10.
Features, events, or promotions may have additional terms (“Additional Terms”). Where expressly stated, those terms take priority for the matters they cover. Official promotion rules, including eligibility requirements, take priority over conflicting provisions of these Terms for that promotion. Your mandatory consumer rights remain unaffected.
6. Purchases and Virtual Items
6.1 Virtual Items
Digital content, currency, and other in-Service items or benefits (“Virtual Items”) are licensed, not sold. You receive a limited, personal license to use them within the Services, revocable only under these Terms. Virtual Items confer no ownership rights, have no cash or stored value, and cannot be redeemed for money or transferred outside the Service unless a feature expressly permits it.
6.2 Payment
Purchases use an app store or authorized payment provider; its transaction terms and refund policies control conflicts with these Terms. Checkout descriptions govern price, quantity, currency, taxes, and features; banks may add charges. We may cancel and refund obvious checkout errors, but never charge more than you confirmed. Payment authorization is required, including parental or guardian permission for minors. Delivery follows payment confirmation.
6.3 Refunds and Corrections
Purchases are final, subject to applicable law and app-store policies. Request refunds through the app store where you made the purchase.
6.4 Progress and Restoration
Game progress and virtual items are saved on your device. Uninstalling the game, clearing app data, or losing or changing devices may permanently erase them unless restored from an enabled device backup. Transfers between devices, games, or platforms are available only where supported. Consumable virtual items cannot be restored once used.
6.5 Missing Purchases
Restart the game if a purchase does not arrive; interrupted purchases are automatically delivered again. If it remains missing, contact us with the game, order number, and player ID. We will help you obtain a refund through the app store. Mandatory consumer remedies still apply.
7. Advertising and Rewards
The Services may display ads, including optional rewarded ads. Rewards require meeting the stated conditions, such as completing the ad. If you meet these conditions but do not receive a reward, contact us so we can investigate.
Our Privacy Policy explains advertising data practices and your choices. Opting out of personalized ads does not restrict core gameplay. Non-personalized ads may still appear.
8. Third-Party Services
Third party app stores, accounts, websites, and advertised products have their own terms and privacy policies, which we encourage you to review. We do not control these third parties, and their inclusion in our Services does not imply endorsement. Nothing in this section limits our obligations under applicable law.
9. Support Messages and Feedback
Support
We use support and privacy requests, including attachments, to assist you under our Privacy Policy. Submitting them grants no license for other uses.
Feedback
By voluntarily submitting ideas or suggestions, you grant us a perpetual, worldwide, royalty free license to use and adapt them without payment or confidentiality obligations, where permitted by law. This license excludes personal information and security reports.
10. Service Changes and Closure
We may update, suspend, or discontinue Services for valid legal, security, technical, or operational reasons. This includes fixing issues, adjusting gameplay, and adding or retiring features. Updates may be required to continue playing. Changes to purchased content will not result in additional charges unless you agree to a new purchase.
If we plan to close a game that sells Virtual Items, we will provide reasonable advance in-game notice when practicable, aiming for at least 30 days, and stop selling Virtual Items before closure. Any rights to refunds, continued access, or other remedies under applicable law or app store policies remain unaffected.
11. Suspension and Ending Access
Your choice
You may stop using the Services at any time. For data deletion, follow our Privacy Policy or contact us. Uninstalling does not delete information held by us or our partners.
Restrictions by us
We may suspend or terminate your access for repeated violations, fraud, cheating, security threats, or legal reasons. Our response will be proportionate. Where required by law, we will explain our decision and offer an opportunity to appeal.
When access ends
Your license to use the affected Services ends. Earned or promotional items may be lost. Rights relating to paid items remain subject to applicable law and app store policies. Provisions intended to survive termination, including ownership, payment, liability, and dispute resolution, remain in effect.
12. Warranties and Disclaimers
The Services are provided “as is” and “as available.” To the extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not guarantee uninterrupted or error free operation, compatibility with every device, or preservation of game progress. Nothing in this section excludes warranties or remedies that cannot be excluded under applicable law.
13. Liability and Consumer Rights
Mandatory rights
Nothing in these Terms removes mandatory consumer rights or remedies. All exclusions and limits apply only where lawful. We do not exclude or limit liability that cannot lawfully be limited, including fraud, gross negligence, willful misconduct, death or personal injury caused by negligence, or mandatory consumer and data protection remedies.
Excluded damages and liability cap
Subject to the exceptions above and applicable law, we, our personnel, and our licensors are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages. This includes losses of profits, data, progress, or Virtual Items to the extent they fall within those categories. The Services are for personal use. Business losses are excluded where permitted by law.
Subject to the same exceptions and applicable law, our total liability for all claims relating to the Services will not exceed the greater of US$25 or the total amount you paid for our Services and Virtual Items during the 12 months before the event giving rise to the claim. This cap does not limit refunds owed by us or an app store.
Third-party claims
Where lawful, you are responsible for reasonable losses and expenses from third party claims caused by your intentional unlawful conduct, fraud, material breach, or infringement. We will give reasonable notice and allow reasonable cooperation in the defense. You need not cover our own misconduct or surrender consumer protections.
14. Dispute Resolution
The arbitration agreement and class action waiver below apply only to U.S. residents. Unless an exception applies or you opt out, disputes are resolved individually through arbitration rather than before a judge or jury. Section 15 applies to all users.
14.1 Informal Resolution
Before starting arbitration, either party must send an individual “Notice of Dispute” and try in good faith to resolve the dispute for 30 days after receipt. Send your notice to support@magicalmoose.com with that subject line. Include your name, contact details, the affected Service, player ID if available, a description of the dispute, and the outcome you seek.
We will send our notice to an email address you have provided or another available individual contact address. Applicable filing deadlines pause during this 30 day period.
14.2 Individual Arbitration
Except as provided in this section, unresolved disputes arising from these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The Federal Arbitration Act governs.
To begin, follow AAA’s filing instructions and provide the other party a copy of the demand. Send copies for Magical Moose to support@magicalmoose.com.
The arbitrator may award the same individual remedies as a court. Proceedings may use documents, phone, video, or an in-person hearing in your county of residence, consistent with AAA rules. Fees and any cost allocation for frivolous or improper claims are governed by AAA rules and applicable law.
If AAA cannot administer the dispute, the parties may agree on another provider or seek court appointment, subject to any right to proceed in court. A court with jurisdiction may enforce this agreement, pause litigation pending arbitration, or enter judgment on an award.
14.3 Class Action Waiver
You and we may bring claims only individually, not as class, collective, or representative actions. Claims cannot be combined without all parties’ written agreement. This does not waive legally protected public injunctive relief.
14.4 Exceptions
Either party may bring an eligible individual claim in small-claims court without first completing Section 14.1. Either party may also seek court orders protecting intellectual property, pursue claims that cannot legally be arbitrated, or contact a government agency.
14.5 Opting Out and Rejecting Changes
You may opt out of arbitration and the class action waiver within 30 days of first accepting these Terms. Email support@magicalmoose.com with the subject “Arbitration Opt Out,” your name and email, player ID if available, and a clear statement that you opt out. This does not affect your access to the Services.
You may reject a later material change to this section within 30 days after it takes effect. Send the same information with the subject “Reject Arbitration Change.” The last version you accepted will continue to apply.
14.6 Enforceability and Survival
A court decides whether an arbitration agreement was formed and whether the class action waiver is enforceable. The arbitrator decides other questions about this section.
If the class action waiver is unenforceable for a claim, that claim proceeds in court, not class arbitration. Any other unenforceable provision is removed, and the remainder stays effective. This section continues after these Terms end.
15. Governing Law and Courts
Except as provided in the arbitration section, California law governs these Terms and related disputes, without regard to conflict of laws rules. Disputes outside arbitration, excluding small claims actions, must be brought in state or federal courts in San Francisco, California, and both parties consent to their exclusive jurisdiction, unless applicable law requires otherwise. Mandatory consumer protections, including rights to use local courts, remain unaffected.
16. App Store Terms
App store terms and refund policies control conflicts for downloads and purchases. Stores handle payments but do not support our Services. Contact us for support.
Apple App Store
These Terms are between you and Magical Moose, not Apple. We, not Apple, are responsible for the app, content, maintenance, support, product and consumer claims, and third party intellectual property claims. Your license covers Apple branded devices you own or control as permitted by Apple's Usage Rules, including Family Sharing. If the app fails an applicable warranty, you may notify Apple for a refund of its purchase price, if any; where lawful, Apple has no further warranty obligation. Section 18's export and sanctions terms apply. Apple and its subsidiaries are third party beneficiaries and may enforce these Terms.
17. Changes to These Terms
We will provide prominent notice of material changes at least seven days before they take effect, or longer where required by law. Changes apply only going forward and do not affect disputes already notified to either party.
Where lawful, continued use after the effective date means you accept the changes. We will request separate agreement where required. If you disagree, stop using the affected Services. Changes to arbitration follow Section 14.
18. General Terms
Entire agreement
These Terms and the Additional Terms in Section 5 replace prior agreements about the Services. They do not override checkout or app store item descriptions, express warranties, or rights that cannot be waived. Our Privacy Policy governs data practices.
Severability and waiver
If a provision is invalid or unenforceable, the remaining Terms continue to apply, subject to Section 14. Failure to enforce a provision does not waive the right to enforce it.
Transfers
You may not transfer your rights or obligations under these Terms. We may transfer ours to an affiliate or as part of a merger, acquisition, or asset sale, with notice where required by law.
Events beyond our control
We are not responsible for delays or failures caused by events beyond our reasonable control. Your rights to refunds and other remedies remain unaffected.
Translations
If we provide translations, the English version controls to the extent permitted by law.
Export and sanctions
You must comply with applicable export and sanctions laws. You confirm that you are not located in a country subject to a U.S. government embargo or designated as supporting terrorism, and are not on a U.S. government list of prohibited or restricted parties.
19. Contact and Notice
Magical Moose LLC
2108 N ST #5502
Sacramento, CA, 95816
Email: support@magicalmoose.com
Contact us about questions, purchases, content reports, appeals, or legal notices. Use “LEGAL NOTICE” for legal correspondence unless Section 14 specifies another subject. Where lawful, we may notify you through the Services, our website, or an email address you provided.
California residents
Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit, Division of Consumer Services, California Department of Consumer Affairs, at 1625 N. Market Blvd., Suite N-112, Sacramento, CA 95834, or (800) 952-5210. Applicable charges are disclosed before purchase confirmation.