Terms of Use

Last updated: November 25, 2025

These Terms of Use ("Terms") govern your access to and use of the mobile games, applications, websites, and any other online services provided by EverSky Studio, LLC ("EverSky Studio", "we", "us", or "our"). By downloading, installing, accessing, or using any of our games, websites, or related services (collectively, the "Services"), you agree to be bound by these Terms. This is a legally binding agreement. If you do not agree to these Terms, you must not use the Services.

We may update these Terms from time to time as described in Section 17 below. It is your responsibility to review the Terms periodically. Your continued use of the Services after changes are posted means you accept the updated Terms.

1. Relationship to Our Privacy Policy

In order to deliver the Services, we may collect and process certain information about you. Our collection and use of personal data is described in our Privacy Policy. By using the Services, you also acknowledge and agree to the practices described in the Privacy Policy.

If you do not agree to EverSky Studio collecting, storing, using, or sharing your information as described there, you must not download, access, or use our games or other Services.

2. Age Requirements and Eligibility

You may use the Services only if you are at least sixteen (16) years old. If you are between the ages of 16 and 18, you represent that your parent or legal guardian has reviewed and accepted these Terms on your behalf and that you are using the Services under their supervision.

By using the Services, you represent and warrant that you meet these age requirements and are not prohibited from using the Services under any applicable laws.

3. License and Access

The Services, including all games, apps, and related content, are licensed, not sold, to you. Subject to your ongoing compliance with these Terms, EverSky Studio grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use our games and apps on devices you own or control solely for your personal, non-commercial entertainment.

You do not acquire any ownership rights in or to the Services or any content therein. All rights not expressly granted to you are reserved by EverSky Studio and its licensors.

License Limitations

Any use of the Services in violation of these limitations is strictly prohibited and may result in immediate termination or suspension of your access to the Services and may subject you to legal liability. You agree that you will not:

• Purchase, sell, rent, lease, or transfer your account or any in-game content, except as expressly permitted by EverSky Studio;
• Create an account using false information or on behalf of someone else without their permission;
• Use cheats, exploits, bots, automation software, hacks, mods, or any unauthorized third-party software that modifies or interferes with the Services;
• Modify, reverse engineer, decompile, disassemble, attempt to derive the source code of, or create derivative works based on the Services, except to the extent such activities are expressly permitted by applicable law;
• Attempt to gain unauthorized access to the Services, other users’ accounts, or any servers, computers, or networks connected to the Services;
• Circumvent, disable, or otherwise interfere with security-related features of the Services or features that enforce limitations on use.

4. User Conduct and Prohibited Uses

When using the Services, you must comply with all applicable laws and respect the rights of others. You agree that you will not:

• Harass, threaten, abuse, or otherwise harm other users or any third party;
• Upload, post, transmit, or distribute any content that is libelous, defamatory, obscene, pornographic, offensive, or otherwise objectionable;
• Upload, post, transmit, or distribute content that infringes the copyrights, trademarks, or other intellectual property or proprietary rights of any person or entity;
• Access content or data not intended for you, or log into a server or account for which you are not authorized;
• Attempt to probe, scan, or test the vulnerability of the Services or any related system or network, or breach security or authentication measures;
• Interfere with or disrupt the Services or the servers or networks used to provide the Services, including by submitting viruses, overloading, flooding, spamming, or crashing;
• Send unsolicited emails, promotions, or advertisements through or in connection with the Services;
• Use any interface other than the one provided by EverSky Studio to access or play our games.

EverSky Studio reserves the right, in its sole discretion, to determine what conduct violates these Terms or the spirit of fair use and may take any appropriate action, including suspending or terminating your access to all or part of the Services.

5. Virtual Items, Fees, and Purchases

5.1 Virtual Items

Our games may offer virtual currency, virtual goods, levels, or other digital items (collectively, "Virtual Items") that can be earned in gameplay or purchased through the relevant app store. Virtual Items have no real-world monetary value, and you do not own any Virtual Items. Instead, you receive a limited, revocable license to use Virtual Items solely inside the applicable game.

You may only obtain Virtual Items from EverSky Studio or our authorized partners through the Services. Unless expressly authorized by us, you may not:

• Transfer Virtual Items between user accounts;
• Sell, trade, or transfer Virtual Items for real money or for anything of monetary value outside of the Services;
• Engage in any other transaction involving Virtual Items outside the Services.

EverSky Studio retains the right to manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. We will not be liable to you or any third party for exercising these rights, and you will not be entitled to any compensation or refund.

5.2 Subscriptions

Some of our games may offer subscription-based features that provide ongoing access to content or benefits. Subscription prices, periods, and details are shown within the game or in the applicable app store.

Unless otherwise stated, subscriptions will automatically renew at the end of each billing period until you cancel. You can manage or cancel a subscription through your app store account settings. To avoid being charged for the next billing period, you must cancel at least 24 hours before the current subscription period ends.

5.3 Fees, Refunds, and Return Policy

All purchases made through the Services (including Virtual Items and subscriptions) are final and non-refundable, except where required by applicable law or by the policies of the relevant app store. You are responsible for all charges incurred through your account, including any unauthorized charges.

Except as required by law, you will not receive a refund or other compensation for unused Virtual Items, subscriptions, or other in-game assets if your account is closed, you stop using the Services, or the Services are modified or discontinued.

6. Third-Party Services and Links

The Services may integrate or link to third-party websites, applications, or services, including social media platforms, analytics providers, and advertising networks ("Third-Party Services"). These Third-Party Services are governed by their own terms and privacy policies, which you should review carefully.

EverSky Studio does not control and is not responsible for the content, policies, or practices of any Third-Party Services. Your interactions with them are solely between you and the relevant third party.

7. Application Stores

You acknowledge that availability of our games depends on third-party application stores such as the Apple App Store and Google Play Store ("App Stores"). These Terms are between you and EverSky Studio, not with any App Store. The App Stores are not responsible for the Services, their content, maintenance, support, or any claims related to them.

You agree to comply with all applicable App Store terms and policies. To the extent permitted by applicable law, each App Store is a third-party beneficiary of these Terms and may enforce them against you.

8. User Content and Feedback

Some parts of the Services may allow you to submit or share content, such as usernames, chat messages, or other materials ("User Content"). You retain ownership of your User Content, but you grant EverSky Studio a worldwide, non-exclusive, royalty-free, transferable, sublicensable, irrevocable, fully paid-up license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Content in connection with the operation, improvement, and promotion of the Services.

You are solely responsible for your User Content and represent that you have all necessary rights to submit it and grant the above license. You agree that your User Content will comply with these Terms and all applicable laws.

Feedback

If you choose to provide EverSky Studio with suggestions, ideas, or other feedback about the Services ("Feedback"), you agree that such Feedback is non-confidential and that we may use it freely, without obligation, restriction, or compensation to you.

9. Intellectual Property

The Services, including all games, software, graphics, artwork, characters, animations, music, sound effects, text, logos, and other content, are owned by EverSky Studio or its licensors and are protected by copyright, trademark, and other intellectual property laws.

"EverSky Studio" and any related logos, names, and designs are trademarks of EverSky Studio, LLC. You may not use any of our trademarks, trade dress, or other brand features without our prior written permission.

10. Updates, Changes, and Availability

We may provide updates, patches, or new versions of the Services from time to time. Some updates may be required for you to continue using the Services. We reserve the right to modify, suspend, or discontinue any part of the Services at any time, including for technical, operational, or business reasons.

We do not guarantee that the Services will always be available or uninterrupted. The Services may be temporarily unavailable due to maintenance, updates, or events beyond our control.

11. Disclaimers

To the fullest extent permitted by law, the Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied. EverSky Studio disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will meet your requirements, be secure, free of viruses or other harmful components, or be error-free or uninterrupted. Your use of the Services is at your own risk.

12. Limitation of Liability

To the maximum extent permitted by law, EverSky Studio and its affiliates, directors, officers, employees, and licensors will not be liable for any indirect, incidental, consequential, special, punitive, or similar damages, including loss of profits, loss of data, or other intangible losses arising out of or in connection with these Terms or your use of (or inability to use) the Services, whether based on contract, tort, negligence, strict liability, or any other theory, even if we have been advised of the possibility of such damages.

In no event will our total liability to you for all claims relating to the Services exceed (a) the amount you have paid to EverSky Studio, if any, in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) ten U.S. dollars (USD $10), whichever is greater.

Nothing in these Terms affects any non-waivable statutory rights that apply to you or limits liability for gross negligence or willful misconduct where such limitation is not permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless EverSky Studio, its affiliates, directors, officers, employees, and agents from and against any claims, demands, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in any way related to: (a) your use of the Services; (b) your breach of these Terms; or (c) your violation of any rights of another person or entity.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

15. Suspension and Termination

We may, at our sole discretion, delete, suspend, terminate, limit, or modify your access to the Services, your account, or any part thereof, with or without notice, if we reasonably believe that you have violated these Terms, engaged in illegal activity, or misused the Services.

Such actions may result in the loss of your account, persona, progress, Virtual Items, and any other associated data, and we will not be liable for any resulting losses. We may also stop offering and supporting the Services or any portion of them at any time, in which case your license to use the affected Services will automatically terminate.

16. Force Majeure

EverSky Studio will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, flood, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials.

17. Changes to These Terms

We may revise these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page and may provide additional notice where required by law. The revised Terms will be effective when posted, unless otherwise stated.

Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.

18. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them or the Services will be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles.

You agree that any legal action or proceeding arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Santa Clara County, California, and you consent to the personal jurisdiction of such courts.

19. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms or policies that we may make available to you in connection with specific Services, constitute the entire agreement between you and EverSky Studio regarding your use of the Services and supersede all prior or contemporaneous agreements, understandings, or representations, whether written or oral, concerning the Services.

20. Contact Us

If you have any questions about these Terms or the Services, please contact us:

EverSky Studio, LLC
Email: contact@everskystudio.com