Terms and Conditions for Pacific Games LLC
Last updated: March 12, 2025

Acceptance of Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User" or "you") and Pacific Games LLC ("Pacific Games", "we", "us", or "our"). These Terms govern your access to and use of all applications, games, and related services provided by Pacific Games LLC, including all current applications and any future applications we develop or publish (collectively, the "Applications"). By downloading, installing, or using any Pacific Games LLC Application, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use any of our Applications.


License Grant and Use Restrictions
Pacific Games LLC grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Applications for your personal, non-commercial use, strictly in accordance with these Terms. This license is conditioned on your compliance with these Terms. This license does not transfer any ownership rights to you. All rights not expressly granted to you are reserved by Pacific Games.
User Restrictions: In using our Applications, you agree that you will NOT:

• Copy, modify, distribute, sell, resell, or lease any part of our Applications or their content, nor attempt to extract or reverse engineer the source code of the software, except to the extent that such activity is expressly permitted by applicable law.

• Use the Applications for any commercial purpose or for the benefit of any third party without our prior written consent.

• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices displayed in the Applications.

• Bypass, disable, or interfere with any security features or technological measures that protect the Applications or restrict access to them.

• Use the Applications in any manner that violates any applicable law or regulation, or in any way that infringes or misappropriates our rights or the rights of any third party.

We reserve the right to revoke this license and terminate your access to the Applications (see the Termination section below) if you violate these Terms.


Purchases, Subscriptions, and Refunds
Some of our Applications may be offered for free, while others may require a one-time purchase or offer in-app purchases and/or subscription-based access to certain features or content. By making any purchase or subscribing within our Applications, you agree to the following terms:

• In-App Purchases and One-Time Sales: Our Applications may allow you to purchase virtual items, virtual currency, or additional content/features through in-app purchases ("In-App Purchases"), or you may make a one-time purchase to download an Application or unlock content. All such purchases grant you a personal, non-transferable, limited right to access and use the purchased items or content within the Application. These purchases do not confer any ownership of the virtual items or content; rather, you receive a limited license to use them in the App. Prices, payment methods, and the availability of In-App Purchases are subject to change at any time at our discretion. All purchases are final and not redeemable or exchangeable for cash or any other value outside the Application.

• Subscriptions and Auto-Renewal: If an Application offers subscription services (for example, a recurring premium membership or content access), your subscription will automatically renew at the end of each subscription period (e.g. monthly or annually) unless you cancel prior to the renewal date. By subscribing, you authorize Pacific Games (or the applicable app store platform) to charge the subscription fee (and any applicable taxes) to your chosen payment method on a recurring basis. You can cancel a subscription at any time through the platform account settings (for example, via your Apple App Store or Google Play account) or within the Application’s settings (if the feature is provided). If you cancel a subscription, you will not receive a refund for the current subscription period; however, you will retain access to the subscribed features until the end of that period and the subscription will not be renewed thereafter.

• Refund Policy: Payments for digital products (including one-time Application purchases, In-App Purchases, and subscription fees) are non-refundable except where required by law or expressly stated otherwise. Once digital content or features are delivered or unlocked in the Application, you no longer have the right to cancel that purchase and/or receive a refund. At our sole discretion – and in accordance with the refund policies of the platform through which you made the purchase – we may consider refund requests in cases of accidental or duplicate transactions, or in other extenuating circumstances; however, we are under no obligation to provide a refund. If you believe you have been charged in error, please contact us at the support email provided in these Terms or via the platform marketplace support.

• Account Suspension or Termination: If Pacific Games suspends or terminates your access to an Application due to your violation of these Terms or any applicable policy, you will not be entitled to any refund or reimbursement for any purchases or remaining subscription time. Likewise, virtual in-game items or currency you have acquired are digital licenses with no cash value and are subject to change as part of the evolving Application. If any such virtual items or currency are modified, devalued, or discontinued for any reason (including as part of game updates or balancing), Pacific Games will not be liable to provide any refund or compensation for them, except where required by applicable law.

Please note that any purchases you make within our Applications (including subscriptions and In-App Purchases) may be processed by third-party platform providers (such as Apple or Google). In such cases, the relevant app store’s or payment provider’s terms and conditions will apply to your transaction in addition to our Terms. Pacific Games is not responsible for the processing of payments or handling of financial transactions; any billing disputes should be addressed with the platform provider, though we will reasonably cooperate with you to resolve billing issues within our control.
 

Medical Disclaimer

1. No Professional Advice
   While our Applications (including but not limited to Tappy, Link, and any future wellness-related apps) may offer information on relaxation techniques, stress relief, journaling, or other wellness/mental health topics, they are not intended to provide therapeutic, medical, or other professional advice or treatment. All content is for informational or educational purposes only. You should not rely on the Applications as a substitute for professional medical advice, diagnosis, or treatment.
    

2. Not a Medical Device
   Our Applications are not medical devices and have not been cleared, approved, or licensed by any regulatory authority (such as the U.S. Food and Drug Administration) for the diagnosis or treatment of health conditions.
    

3. Consult a Healthcare Provider
   Always seek the advice of a qualified healthcare professional before making decisions related to your physical or mental health. If you have or suspect that you have a medical condition or mental health issue, promptly contact a healthcare provider.
    

4. No Therapist-Client Relationship
   Using the Applications does not create a therapist-patient or doctor-patient relationship between you and Pacific Games LLC or any of its representatives. The tools, exercises, or features provided in the Applications are meant for self-help, informational, and entertainment purposes only.
    

5. Emergency Situations
   If you believe you or someone else is experiencing a medical or mental health emergency, call 911 (in the U.S.) or your local emergency services number immediately. Our Applications do not provide emergency services or crisis intervention.
    

6. User Responsibility
   You assume full responsibility for any decisions you make or actions you take based on information obtained through the Applications. Pacific Games LLC will not be held liable for any damages or consequences resulting from your reliance on or use of any information provided by the Applications.

 

User Conduct and Obligations
You agree to use Pacific Games Applications in a responsible manner and to comply with all applicable laws, regulations, and these Terms. By using the Applications, you further agree that:

• Eligibility: You are at least 13 years of age (or the minimum age of digital consent required by the laws in your jurisdiction, such as COPPA in the United States) to use our Applications. If you are under the age of majority in your jurisdiction (typically under 18 years old), you may only use the Applications under the supervision of a parent or legal guardian who has reviewed and agreed to these Terms. Our Applications are not intended for use by children under 13 without verified parental consent, and by using the Applications you affirm that you meet the minimum age requirement.

• Lawful Use Only: You will use the Applications only for lawful purposes and in accordance with these Terms. You will not use the Applications in any manner that violates any law or regulation, or that would give rise to civil or criminal liability. This means, for example, that you must not use our Applications to engage in fraud, money laundering, gambling (unless the Application is expressly intended for lawful gaming), or any other illegal or unauthorized activity.

• Prohibited Conduct: You will not harass, threaten, bully, or stalk other users of the Applications, nor will you encourage or assist any other person to do so. You will refrain from transmitting or sharing through the Applications any content that is defamatory, obscene, offensive, pornographic, vulgar, or otherwise objectionable, or that promotes violence, discrimination, bigotry, racism, hatred, or harm against any individual or group. Hate speech, extremist content, and any form of harassment or abusive behavior have no place in our Applications and are strictly prohibited.

• No Infringement of Rights: You will not upload, post, transmit, or otherwise make available any content in the Applications that infringes or violates the intellectual property rights or privacy/publicity rights of any third party. This means you must not use the Applications to share or distribute unauthorized copyrighted material, trademarks, or any other proprietary content without the permission of the rights holder. Likewise, you must not violate the privacy rights of others (for example, by sharing personal information about another person without their consent).

• No Disruption or Unauthorized Access: You will not attempt to disrupt or interfere with the operation or integrity of the Applications or any servers, networks, or systems connected to the Applications. Prohibited actions include, but are not limited to: introducing viruses, worms, spyware, malware, or any other harmful code into the Application; using any robot, spider, scraper, or other automated means to access the Applications for any purpose without our express permission; using cheats, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Applications; attempting to gain unauthorized access to other users’ accounts, our computer systems, or networks through hacking, password mining or any other means; or attacking or overloading our servers or networks (for example, via a denial-of-service attack or similar).

• No Commercial Exploitation: You will not use the Applications or any part of their content for any commercial purpose that is not expressly permitted by Pacific Games. Examples of prohibited commercial use include: selling, reselling, or renting out the Applications or access to the Applications; using the Applications to advertise or solicit sales of goods or services not offered by Pacific Games; collecting or harvesting in-game resources, items, or currency for sale outside the Application; performing in-game services (like power-leveling or item farming) in exchange for payment outside the Application; or operating the Applications in a cyber cafe, computer gaming center, or any other commercial establishment without our prior consent.

• Account Security: If you are required to create an account in order to use an Application or certain features of an Application, you agree to provide accurate and complete information and to keep that information updated. You are responsible for maintaining the confidentiality of your account login credentials (such as usernames and passwords) and for all activities that occur under your account. You must not share your account with others or allow others to access the Applications through your account. If you become aware of any unauthorized use of your account or any breach of security, you must notify us immediately. Pacific Games will not be liable for any loss or damage arising from your failure to safeguard your account credentials or for any unauthorized access or activities on your account.

• Cooperation and Compliance: You agree to cooperate with Pacific Games in investigating any suspected or actual activity that is in breach of these Terms. We reserve the right (but do not assume the obligation) to monitor your use of the Applications at any time for compliance with these Terms or for other operational purposes. If we suspect that you have violated these Terms or have engaged in any fraudulent, abusive, or unlawful activity, we may investigate and take appropriate action, such as gathering information from you or your device, suspending your access, or contacting law enforcement. Failure to cooperate with any such investigation or to provide proof of your compliance with these Terms when requested may result in the temporary or permanent suspension of your access to the Applications.

If you witness behavior by another user that violates these Terms, or if you have any concerns about misuse of the Applications, we encourage you to report it to us through the Application’s reporting mechanism (if available) or via our contact information provided below. We aim to maintain a respectful and safe environment for all users.


Privacy and Data Protection
Your privacy is important to us. By using our Applications, you acknowledge and agree that Pacific Games may collect, use, and share certain information about you, your device, and your use of the Applications in accordance with our Privacy Policy and applicable data protection laws. We are committed to handling personal data responsibly and in compliance with regulations including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA) (as amended by the CPRA), the Children’s Online Privacy Protection Act (COPPA), and other relevant data protection laws. We summarize key points of our privacy and data practices below:

• GDPR (EU/EEA Users): If you are located in the European Union, European Economic Area, or the United Kingdom, we will process your personal data in accordance with the GDPR (and UK GDPR) and applicable local data protection laws. This means we will collect and use your personal information only where we have a legal basis to do so (for example, to fulfill a contract with you, to comply with a legal obligation, with your consent, or for our legitimate interests such as improving our Applications, provided those interests are not overridden by your data protection rights). You have certain rights regarding your personal data, including the right to request access to the data we hold about you, to request correction or deletion of your data, to object to or restrict our processing of your data, and (in some cases) to portability of your data. You also have the right to lodge a complaint with a supervisory authority if you believe we have violated your privacy rights. Pacific Games will honor applicable GDPR rights and will respond to legitimate requests in accordance with the GDPR’s timeframes. We have implemented technical and organizational measures intended to safeguard personal data, as required by GDPR.

• CCPA (California Users): If you are a California (USA) resident, you have specific rights under the CCPA regarding your personal information. These include the right to know what categories of personal information we collect, how we use it, and with whom we share it; the right to request that we delete your personal information (subject to certain exceptions allowed by law); and the right to opt out of the "sale" of your personal information, if applicable. Pacific Games does not sell personal information for monetary consideration; however, the CCPA’s definition of a "sale" can include certain types of sharing of data for advertising or analytics. We provide a mechanism (for example, a “Do Not Sell My Personal Information” link or settings in the Application) for you to opt out of any practices that might be considered a sale under CCPA. We will not discriminate against you for exercising any of your CCPA rights. For more details about our data practices and your rights, please see our Privacy Policy or contact us as described below.

• COPPA (Children’s Privacy): Our Applications are not directed to children under 13 years of age, and Pacific Games does not knowingly collect personal information from children under 13 without verifiable parental consent. In fact, as noted in the Eligibility section of these Terms, children under 13 are not permitted to use our Applications. If we learn that we have inadvertently collected personal information from a child under 13 (or under the minimum age in the applicable jurisdiction) without proper consent, we will promptly delete that information. If you are a parent or guardian and you become aware that your child has provided us with personal information without your consent, please contact us so that we can take appropriate action. We also comply with similar age-related privacy laws in other jurisdictions (for example, we honor the age limits and parental consent requirements set by the GDPR and relevant local laws for users in the EU, which may require parental consent for users under 16 in certain countries).

• Other Data Protection Laws: Pacific Games also strives to comply with other relevant privacy and data protection laws that may apply to our operations or to our users. This includes, for example, Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), the UK Data Protection Act 2018, and various U.S. state privacy laws (such as CalOPPA, VCDPA, etc.), to the extent those laws apply to our Applications and data practices. We implement appropriate technical and organizational measures to protect personal data against unauthorized access, disclosure, or loss. If any additional jurisdiction-specific privacy rights or disclosures apply, we will provide those in our Privacy Policy or via in-app notifications as required.

By using the Applications, you consent to the collection and use of information as outlined in our Privacy Policy and in this section of the Terms. You also agree that if you provide any personal data to us (for example, information about yourself when creating an account), you will do so truthfully and lawfully. For further details on our data collection and usage practices, please review our Privacy Policy (available on our website or via the Application). If you have any questions or requests regarding your personal data or our privacy practices (such as requests to access or delete your data), you may contact us at the email address provided in the Contact Information section of these Terms.


Intellectual Property Rights
All content, materials, features, and functionality available through the Applications — including but not limited to the software itself, text, graphics, logos, icons, images, characters, artwork, animations, music, sound effects, audiovisual content, and layout/design of the Applications — are the intellectual property of Pacific Games LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Pacific Games retains all rights, title, and interest in and to its Applications and all associated intellectual property.
By using the Applications, you acknowledge and agree to the following with respect to intellectual property:

• Ownership: Pacific Games (and, where applicable, its licensors) owns all legal rights, title, and interest in and to the Applications and all content provided through the Applications. Your use of the Applications is licensed, not sold, and does not grant you any ownership rights in the Applications or their content. All rights not expressly granted to you in these Terms are reserved by Pacific Games.

• Trademarks: Pacific Games, the Pacific Games logo, and all Pacific Games product and service names, game titles, logos, and slogans are trademarks or registered trademarks of Pacific Games LLC in the United States and other jurisdictions. You are not granted any right or license to use any Pacific Games trademarks by these Terms. You agree not to use or display Pacific Games’ name, logos, or trademarks (for example, in any metatags or advertising) without our prior written permission. All other trademarks, service marks, logos, or trade names that appear in the Applications are the property of their respective owners, and their appearance in the Application is not an endorsement by us nor does it imply any rights for you to use them.

• No Unauthorized Use: You agree not to reproduce, copy, modify, adapt, translate, create derivative works from, publicly display, publicly perform, republish, upload, post, transmit, or distribute any part of the Applications or any content made available through the Applications, except as expressly allowed in these Terms or with Pacific Games’ prior written consent. You may not reverse engineer, decompile, or disassemble the Applications or otherwise attempt to derive the source code or underlying ideas or algorithms of the software (except to the limited extent that applicable law expressly allows despite this restriction). You also may not remove, alter, or obscure any copyright, trademark, or other proprietary notices present in the Applications. Any use of the Applications or their content other than as specifically authorized in these Terms is strictly prohibited and will automatically terminate the limited license granted to you.

• User Feedback: We welcome feedback from our users, such as suggestions, ideas, or recommendations for improving our Applications. However, if you submit any feedback, ideas, or suggestions to Pacific Games (for example, through customer support, community forums, or surveys), you agree that we can use and share such feedback for any purpose, without any obligation to compensate you. You hereby grant Pacific Games a perpetual, irrevocable, worldwide, royalty-free, and sublicensable license to use, modify, publish, and incorporate into our products or services any feedback or suggestions you provide. You acknowledge that any feedback you provide is given voluntarily, and that Pacific Games may already be working on similar ideas or may have other sources for the same type of ideas.

• User Content: Some Applications may allow you to create, submit, or share your own content, such as chat messages, forum posts, user profiles, images, videos, gameplay footage, or other materials ("User Content"). You retain any ownership rights you have in the User Content that you create and share. However, by submitting or posting User Content in or through our Applications, you grant Pacific Games a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, sublicensable and transferable license to use, host, store, reproduce, distribute, modify, adapt, create derivative works from, publicly perform, and display your User Content for the purpose of operating, improving, or promoting the Application. This license is necessary for us to provide the services (for example, so that we can display your content to other players, or include your content in promotional screenshots if appropriate). Please note that you are solely responsible for any User Content you create or share through our Applications. You must ensure that your User Content does not infringe any third-party rights (such as copyrights or privacy rights) and is not in violation of any laws or these Terms. We do not claim ownership of your User Content, and nothing in these Terms restricts any rights you have to use your own Content. However, Pacific Games reserves the right (but not the obligation) to review, remove, or disable access to any User Content at our discretion, for any reason, including if we believe the User Content violates these Terms or is otherwise harmful, without prior notice to you.

Nothing in these Terms shall be construed as transferring or assigning to you any intellectual property rights in the Applications or any content therein, except for the limited license to use the Applications as expressly provided above. Unauthorized use of Pacific Games’ intellectual property is a violation of these Terms and may also violate applicable copyright, trademark, or other laws. We reserve all rights that are not expressly granted to you in these Terms.


Third-Party Services and Links
Our Applications may include integrations with or links to third-party services and websites that are not owned or controlled by Pacific Games. For example, an Application might display in-game advertisements provided by a third-party ad network, allow you to interact with social media services (such as sharing your achievements on a platform like Facebook or Twitter), or provide a link to an external website for support or community forums. We provide access to these third-party services or links as a convenience to you or to enhance your experience, but we have no control over them.
Please note the following regarding third-party services and links:

• No Endorsement or Control: Pacific Games does not endorse, warrant, or assume any responsibility for any third-party websites, information, materials, products, or services that may be accessible through our Applications. We do not control the content, privacy policies, or practices of any third parties that provide such features or links. If our Application includes a link to an external site or service, it is not an indication that we have reviewed or approved that site or service. You access and use any third-party content at your own risk.

• Third-Party Terms: Your interactions with third-party services or websites may be subject to separate terms and conditions or privacy policies provided by those third parties. For example, if you make in-app purchases through Apple’s App Store or Google Play, or if you log in via a third-party platform, your use of those services is governed by Apple’s, Google’s, or the respective platform’s terms of service and privacy policy. It is your responsibility to read and understand any third-party agreements before using their services. Pacific Games is not a party to those agreements and has no responsibility for the third parties’ compliance or non-compliance with their own terms.

• No Liability for Third-Party Conduct: Pacific Games will not be liable for any loss or damage of any sort incurred as a result of your dealings with third-party service providers or your use of third-party content. Any dispute that arises between you and a third-party provider (for example, a disagreement with an advertiser or a payment dispute with an app store) is between you and that third party, and you agree that Pacific Games will not be responsible or liable for any such disputes. If you leave our Application and navigate to a third-party website, you should be aware that these Terms (and our Privacy Policy) no longer govern; you should review the applicable terms and policies of that third-party site.

That being said, we strive to work with trusted partners and to maintain the integrity of our Applications. If you encounter a link or third-party integration within one of our Applications that you believe is inappropriate, unsafe, or in violation of our policies (for instance, an ad that contains offensive content or malware), please notify us. We value your feedback and may take action to remove or disable access to any content or links that violate our or our users’ trust.


Disclaimer of Warranties
Pacific Games strives to provide a fun, enjoyable, and reliable experience through our Applications, but we cannot guarantee that our Applications will be flawless or uninterrupted. You expressly understand and agree that your use of the Applications is at your sole risk. The Applications are provided on an "AS IS" and "AS AVAILABLE" basis, with all faults and without warranty of any kind.
To the fullest extent permitted under applicable law, Pacific Games LLC disclaims all warranties and conditions, whether express, implied, or statutory, in relation to the Applications and any services performed or provided by the Applications. This includes, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement, and any warranties that may arise out of course of dealing or usage of trade. We do not warrant that the Applications will meet your requirements or expectations, that the operation of the Applications will be uninterrupted or error-free, that the Applications will always be available or free of viruses or other harmful components, or that any defects or errors in the Applications can or will be corrected.
Pacific Games does not guarantee or make any representation regarding the use or the results of the use of the Applications in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by Pacific Games or its authorized representatives shall create any warranty. No advice or information, whether oral or written, obtained from Pacific Games or through the Applications, will create any warranty not expressly stated herein.
Some jurisdictions do not allow the exclusion of certain warranties or conditions, so some of the above disclaimers may not apply to you. In such an event, to the extent any warranties cannot be disclaimed but can be limited, we limit such warranties to the shortest period and fullest extent permitted by law.


Limitation of Liability
To the maximum extent permitted by law, in no event shall Pacific Games LLC or its affiliates, licensors, and each of their respective officers, directors, employees, contractors, or agents, be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages whatsoever arising out of or related to your use of or inability to use the Applications or the performance of the Applications. This exclusion applies to, without limitation, any damages for lost profits, lost revenue, loss of data, loss of goodwill, device damage, system failure, or the cost of procurement of substitute goods or services, even if we have been advised of the possibility of such damages. It also applies whether the claim is based in contract, tort (including negligence), strict liability, product liability or otherwise.
In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability will be limited to the fullest extent permitted by law.
Cap on Liability: To the extent that any liability is not legally disclaimed under the above provisions, and to the extent permitted by law, Pacific Games’ total cumulative liability to you for all claims arising out of or relating to these Terms or the use of the Applications (whether in contract, tort, or otherwise) shall not exceed the amount (if any) that you paid to Pacific Games for the specific Application or service in question in the six (6) months immediately preceding the event giving rise to the claim, or US $100, whichever is greater. If you have not paid Pacific Games any amount in the 6 months preceding such claim (for example, if you use a free Application and have made no In-App Purchases or paid subscriptions), Pacific Games’ total liability to you for all claims shall not exceed US $50.
These limitations of liability are part of the basis of the bargain between you and us and shall apply even if a remedy fails of its essential purpose. You acknowledge and agree that Pacific Games has offered its Applications and entered into these Terms in reliance upon the disclaimers and the limitations of liability set forth herein, and that the same form an essential basis of the agreement between the parties.
Some jurisdictions do not allow the limitation of liability for personal injury, or for incidental or consequential damages, so the above limitation may not apply to you to the extent that such is not permitted by applicable law. In such cases, Pacific Games’ liability will be limited to the smallest amount permitted by law.


Indemnification
You agree to defend, indemnify, and hold harmless Pacific Games LLC, its parent company, subsidiaries, affiliates, and their respective directors, officers, employees, agents, partners, and licensors (the "Pacific Games Parties") from and against any and all claims, demands, lawsuits, proceedings, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:** (a) your use or misuse of any of the Applications; (b) your breach or violation of any provision of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any intellectual property or other right of any third party.**
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in such case you agree to cooperate with our defense of such claim. This indemnification obligation will survive the termination of these Terms and your use of the Applications.


Termination
These Terms will remain in effect as long as you continue to access or use any of our Applications. You may terminate your agreement with Pacific Games at any time by discontinuing all use of the Applications and uninstalling or deleting all copies of the Applications from your devices. Please note that deleting an Application or terminating your user account (if any) will not automatically cancel any active subscriptions you have through the Application; you are responsible for cancelling any subscription through the applicable app store or platform if you wish to stop recurring charges.
Pacific Games may, in its sole discretion, suspend or terminate your access to any Application (or any part of an Application), or terminate these Terms with respect to you, at any time and for any reason, with or without notice. This includes, without limitation, the right to terminate or suspend your access if: (i) you have violated these Terms or any Application-specific rules or guidelines, (ii) we believe that your use of the Application may expose us to legal liability or harm (including harm to our reputation, to any Application’s integrity, or to other users), (iii) we discontinue the Application or make a material change to the Application’s functionality, or (iv) for any other lawful reason, including a prolonged period of inactivity associated with an account.
If your use of an Application is terminated (by you or by us), for any reason: (a) the license and all rights granted to you under these Terms with respect to that Application will immediately cease; (b) you must immediately stop all use of that Application, and delete any copies of it from your devices; and (c) any provisions of these Terms that by their nature should survive termination (such as provisions concerning intellectual property, disclaimers, limitations of liability, dispute resolution, and indemnification) will survive. Termination of your access to an Application or the termination of these Terms does not limit any of Pacific Games’ other rights or remedies at law or in equity, including Pacific Games’ right to seek injunctive relief or damages for violation of these Terms.


Dispute Resolution and Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Pacific Games and limits the manner in which you can seek relief from us. This section is intended to be interpreted broadly.
Agreement to Arbitrate: You and Pacific Games agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Applications (including but not limited to any dispute regarding the breach, termination, enforcement, interpretation, or validity of these Terms, or the use of the Applications, or the use of any data or information by the Applications) (each a "Dispute") shall be resolved exclusively through final and binding arbitration, rather than in court, except as set forth under "Exceptions" below. You acknowledge that you and Pacific Games are each waiving the right to a trial by jury and the right to participate in a class action or other representative proceeding in connection with covered Disputes. The arbitrator shall have the authority to grant the same remedies that would be available in court, on an individual basis, including injunctive or declaratory relief to the extent required to satisfy your individual claim. However, the arbitrator may not award declaratory or injunctive relief on a class or collective basis to affect other users.
Arbitration Procedures: The arbitration will be administered by a neutral arbitration organization, such as the American Arbitration Association (AAA), under that organization’s Consumer Arbitration Rules (or other applicable rules) in effect at the time the arbitration is initiated, unless you and Pacific Games mutually agree on a different administrator or set of rules. You can obtain AAA’s rules at www.adr.org or by calling AAA. The arbitration shall be conducted in the English language. The party initiating the arbitration (either you or Pacific Games) will do so by submitting a written demand for arbitration in accordance with the rules of the arbitration administrator. Hearing Format: In all cases, the arbitration shall be conducted by a single, neutral arbitrator. For any claim where the total amount of requested relief is US $10,000 or less, you and Pacific Games may mutually agree that the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, or through a telephonic or video conference hearing, rather than an in-person hearing. For claims exceeding $10,000, the right to a hearing will be determined by the arbitration rules, and the arbitrator will decide whether a hearing is necessary (if so, an in-person hearing will be conducted at a location reasonably convenient for both parties, or as otherwise agreed to by the parties, or as determined by the administrator’s rules). The arbitrator will issue a written decision that includes the essential findings and conclusions upon which the award is based. Arbitration is confidential, and neither you nor Pacific Games may disclose the existence, content, or results of any arbitration except as required by law or for purposes of enforcement of the arbitration award.
Fees and Expenses: Payment of all filing, administration, and arbitrator fees will be governed by the arbitration administrator’s rules. We will abide by the administrator’s rules governing payment of arbitration fees (in many cases, for consumer disputes, the company will pay most of the arbitration fees other than perhaps a filing fee). Each party will bear its own attorneys’ fees and costs in arbitration unless the arbitrator finds that a claim or defense was frivolous or asserted in bad faith, or if the arbitrator’s applicable governing law provides for an award of attorneys’ fees to the prevailing party.
Exceptions to Arbitration: Notwithstanding the above, you and Pacific Games each retain the right to seek resolution of qualifying claims in small claims court as an alternative to arbitration, so long as the claim remains in small claims court and is pursued on an individual (non-class, non-representative) basis. In addition, either party may bring a lawsuit solely for injunctive relief (and not monetary damages) to stop unauthorized use or abuse of the Applications or infringement of intellectual property (for example, trademark, trade secret, copyright, or patent rights) in a court of competent jurisdiction. Such an action for injunctive relief shall not waive the requirement to arbitrate for monetary or other claims that are not for injunctive relief.
Opt-Out Right (for New Users): If you do not wish to resolve Disputes by binding arbitration, you may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending an email to us at cameron@pacific.dev with the subject line "Arbitration Opt-Out" and in the body of the email your name and a clear statement that you opt out of arbitration. This opt-out notice must be emailed within the 30-day time period described above, or else you and Pacific Games shall be bound to arbitrate disputes in accordance with this section. Note that if you opt out of the arbitration agreement, you will still be bound by any other parts of these Terms, including the venue and governing law provisions below. If you have used the Applications prior to the effective date of these Terms and previously agreed to a version of these Terms that did not contain this arbitration agreement, and you continue to use the Applications after this arbitration agreement takes effect, you will have 30 days from the first time you accept the updated Terms containing this arbitration provision to opt out.
No Class Actions or Representative Proceedings: You and Pacific Games agree that all Disputes will be resolved only on an individual basis and not in a class, consolidated, or representative action or proceeding. You further agree that you will not participate in any class action (existing or future) against Pacific Games or any Pacific Games Party arising from or relating to a Dispute. The arbitrator shall have no authority to consider or resolve any Dispute or issue any relief on any basis other than an individual basis. The arbitrator shall not have authority to hear or arbitrate any class or collective action, or to join or consolidate claims by or for individuals. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then (subject to the next sentence) those parts will not be arbitrated but will proceed in a court of competent jurisdiction, with the portion of the arbitration agreement that can be enforced continuing to apply. However, if the class action waiver is found unenforceable, the entirety of this arbitration agreement shall be null and void for that Dispute, subject to the right to appeal any such limitation or invalidation of the class action waiver. In such case, the Dispute must be litigated exclusively in the state or federal courts located in the State of California, and both you and Pacific Games consent to the personal jurisdiction of those courts.
Severability: Except as provided in the No Class Actions provision above, if any portion of this Dispute Resolution and Binding Arbitration section is found to be invalid or unenforceable, that portion shall be severed and the remainder of this section shall remain in full force and effect. This arbitration agreement is governed by the U.S. Federal Arbitration Act (FAA) and shall survive termination of these Terms or your use of the Applications.


Governing Law
Except as otherwise provided in the Dispute Resolution and Arbitration section above, which is governed by the Federal Arbitration Act, these Terms and any Dispute arising out of or relating to these Terms or the Applications 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, and (to the extent applicable) the federal laws of the United States. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.
If you are a consumer residing in a jurisdiction with laws that give you the right to have a Dispute heard in your local courts (for example, certain European countries), nothing in these Terms or the Dispute Resolution section above is intended to limit your rights to the extent such rights cannot be waived by contract. In such cases, you may have the right to bring proceedings in your local jurisdiction and under local law. However, by agreeing to these Terms, we still jointly request that before pursuing formal legal action, you first try to resolve any issues informally by contacting us.
For any claims that are not subject to arbitration or small claims court (as provided above), you and Pacific Games agree to submit to the exclusive jurisdiction of the state and federal courts located within the State of California, USA, for the resolution of those claims. You and Pacific Games agree to waive any objection based on improper venue or inconvenient forum in such courts. If you reside outside the United States, any claim you bring against Pacific Games in a court must be brought in the State of California, and to the extent permitted by law, you agree to submit to the jurisdiction of the California courts. Notwithstanding the foregoing, Pacific Games reserves the right to seek injunctive or other equitable relief in any jurisdiction to enforce these Terms or protect its intellectual property.

Changes to These Terms
We reserve the right to modify, update, or amend these Terms at any time, in our sole discretion. If we make material changes to these Terms, we will make reasonable efforts to notify you of such changes, such as by posting the updated Terms on our website (www.pacific.dev) or within the Applications, and updating the "Last updated" date at the top of this document. In certain cases, we may provide additional notice to you (such as via email or an in-app notification) of a material change.
It is important that you review any updated Terms, because by continuing to use the Applications after the new Terms become effective, you are agreeing to be bound by the revised Terms. If you do not agree to any update or modification of these Terms, you must stop using the Applications. Any changes will not apply retroactively to any dispute between you and us arising prior to the date on which we posted the revised Terms that include those changes. We encourage you to check this page periodically for the latest information on our Terms.

Miscellaneous

• Entire Agreement: These Terms (together with any additional terms that may be provided by Pacific Games for specific Applications, features, or promotions, as well as our Privacy Policy) constitute the entire agreement between you and Pacific Games with respect to your use of the Applications, and supersede any prior or contemporaneous agreements, communications, or understandings, whether oral or written, relating to the subject matter herein. In the event of a conflict between these Terms and any other rules or guidelines posted on an Application (such as community guidelines or supplemental terms for particular activities), these Terms will generally control unless the specific feature’s terms explicitly state that they override these Terms.

• Severability: If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable by a court or arbitrator of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The parties agree that the court or arbitrator should modify the scope of any such provision to the minimum extent necessary to make it enforceable, and that provision, as partially enforced, shall be enforced as so modified. If such modification is not possible, the provision shall be severed from these Terms and the remaining provisions shall remain in full force and effect.

• No Waiver: No failure or delay by Pacific Games to exercise any right, power, or remedy provided under these Terms or by law shall constitute a waiver of that or any other right, power, or remedy. Similarly, Pacific Games’ waiver of any breach of these Terms will not be a waiver of any subsequent breach. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Pacific Games.

• Assignment: Pacific Games may assign or transfer these Terms, in whole or in part, to any person or entity at any time without your consent, including in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law. You may not assign, transfer, or delegate any or all of your rights or obligations under these Terms without our prior written consent, and any attempt to do so without consent will be null and void. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

• Headings and Interpretation: The section titles and headings in these Terms are for convenience only and have no legal or contractual effect. In these Terms, the word "including" (and similar terms) is to be construed without limitation. These Terms have been drawn up in the English language, and the English text shall be considered the only authentic text. If we provide a translation of these Terms into any other language, it is for convenience only, and the English version will prevail in the event of any conflict or discrepancy.

Contact Information
If you have any questions, concerns, or comments about these Terms or any issues regarding the Applications, you can contact us at:
Pacific Games LLC
Email: cameron@pacific.dev
Website: www.pacific.dev
We will do our best to respond to your inquiry in a timely manner. Your feedback and communication are important to us. By contacting us, you consent to our use of your email and any information you provide so that we can respond to you and address your inquiry in accordance with our Privacy Policy. Thank you for reading these Terms and for using Pacific Games LLC Applications. We hope you enjoy our games and services!