Elementails Terms of Use

These terms are an agreement between you and Zerostat LLC (“Zerostat,” “we,” “us”) for your use of Elementails, on the web or as a mobile app. By playing, you agree to them. Please also read theElementails privacy policy.

Who can play

You must be at least 13 years old to play. You can play as a guest, or create an optional account to save your progress on our server and play on more than one device. If you create an account, keep your password secure and don't share it. You can delete your account from the main menu, then Settings. If you're under the age of majority where you live, you need a parent or guardian's permission to make purchases.

Your license

We give you a personal, non-exclusive, non-transferable, revocable license to play Elementails for your own non-commercial entertainment, under these terms. We (and our licensors) own the game, its characters, artwork, and other content.

Acceptable use

Please don't:

• Cheat, use bots or modified clients, or exploit bugs
• Tamper with ads or fake ad views to get rewards
• Sell, trade, or transfer gear, items, or accounts for real money or anything of value
• Try to disrupt the game or its servers

Gear, cosmetics, and other virtual items

• Gear, cosmetics, rewards, and any in-game currency are licensed to you for use in the game. You don't own them.
• They have no cash value and can't be exchanged for real money, prizes, or anything of value.
• Any currency you buy with real money doesn't expire.
• Except where the law requires, purchases are final.
• If we ever offer randomized items, we'll show the odds of receiving each item before you buy.
• We may adjust game balance, items, and rewards over time, and correct items obtained through bugs or cheating.

Ads

Elementails is free and supported by ads from a third-party provider. We aren't responsible for the content of ads or for third-party products or websites they link to.

Purchases

When you buy something in Elementails on an Apple device, Apple processes the payment through your Apple ID. We never see or store your payment card details. Apple's own terms apply to those purchases.

Refunds are handled by Apple under Apple's policies. You can request one atreportaproblem.apple.com. We can't issue refunds for purchases made through Apple ourselves.

Real money buys only in-game currency; gear, cosmetics, and other items are bought with that currency. In the mobile apps, you buy currency through Apple's App Store or Google Play. At launch, you can earn currency on the web but not buy it there. If we add web purchases, we'll update these terms first.

If you got Elementails from the App Store

• These terms are between you and Zerostat LLC, not Apple. Zerostat LLC, not Apple, is responsible for Elementails and its content.
• Your license to use Elementails is limited to Apple-branded devices you own or control, as allowed by the App Store's Usage Rules.
• Apple has no obligation to provide maintenance or support for Elementails. Contact us instead.
• If Elementails fails to meet any applicable warranty, you can notify Apple, and Apple may refund the purchase price you paid for the app (if any). To the extent the law allows, Apple has no other warranty obligation for Elementails.
• Zerostat LLC, not Apple, is responsible for handling any claims relating to Elementails, including product liability claims, claims that it doesn't meet legal or regulatory requirements, consumer protection claims, and claims that it infringes someone else's intellectual property.
• You confirm that you are not located in a country subject to a U.S. Government embargo or listed as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

Disclaimers

We work hard to make Elementails reliable and enjoyable, but we provide it “as is” and “as available.” To the fullest extent the law allows, we don't make any promises (express or implied) that it will be uninterrupted, error-free, or fit for a particular purpose. Some places don't allow these disclaimers, so some of them may not apply to you.

Limitation of liability

To the fullest extent the law allows, Zerostat LLC won't be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost data, profits, or goodwill, arising from your use of Elementails. Our total liability for any claim relating to Elementails is limited to the greater of the amount you paid us for it in the 12 months before the claim, or US$50. Nothing in these terms limits liability that can't be limited under applicable law.

Ending these terms

You can stop using Elementails at any time. We may suspend or end your access if you seriously or repeatedly break these terms, or if we have to for legal reasons. If we stop offering Elementails altogether, we'll give reasonable notice where we can.

Governing law

These terms are governed by the laws of the State of California, USA, without regard to its conflict-of-law rules. If you live somewhere that gives you consumer protections these terms can't override, you keep them.

Changes to these terms

We may update these terms from time to time. When we do, we'll post the new version on this page and update the “Last updated” date. If a change is significant, we'll give notice before it takes effect. Continuing to use Elementails after changes take effect means you accept the updated terms.

Contact us

Questions about these terms? Email [email protected].