Terms of Use

1. Agreement

These terms are between you and Moonlit Foundry LLC (“Moonlit Foundry”, “we”). By downloading or playing one of our games, or using this website, you agree to them. If you don't, don't play.

If you downloaded from Apple or Google, you also agree to that store's terms, and where those conflict with these, theirs win for anything to do with distribution and billing. Buying on our website instead means only these terms apply.

2. Your licence to play

We give you a personal, non-exclusive, non-transferable, revocable licence to install and play our games on devices you own or control, for your own entertainment. We keep ownership of everything else: the code, the art, the audio, the names, and the marks.

3. What you may not do

• Reverse engineer, decompile, or modify a game, except where the law says you may.
• Cheat, exploit bugs for advantage, or use bots, emulators, or modified clients to interfere with how a game works for other people.
• Interfere with the ads — blocking, spoofing, or automating them costs us the money that pays for the game.
• Resell, rent, or redistribute a game, or sell access to it.
• Use our name, logo, or artwork to suggest we endorse something we don't. Press and streamers, see the press kit — you have permission for the things described there.

4. Accounts

You don't need an account to play. Signing in is optional, and it exists so your progress follows you between devices. Play signed out and your progress stays on that device only, where we can't recover it for you.

You're responsible for keeping your password safe and for what happens under your account. Tell us at support@moonlitfoundry.dev if you think someone else is using it. Pick a username that isn't offensive, doesn't impersonate somebody, and isn't someone else's trade mark — we can reclaim one that is.

Adding an email address is optional. Without one we have no way to verify who you are, so a forgotten password can't be reset and the account and its saved progress are lost for good. That's the trade for signing up without telling us anything about yourself.

You can delete your account from the settings screen at any time. Deleting it erases your saved progress permanently.

5. Purchases and virtual items

When you buy something in a game or on our website, you're buying a limited licence to use it, not the thing itself. Virtual items and unlocks have no cash value, can't be exchanged for money, and don't transfer to another person.

Where you bought it decides who takes the money and who handles refunds:

• In a game on your phone — Apple or Google takes the payment under their own terms, and refunds go through them. We can ask on your behalf, but we can't issue one directly.
• On our website — we take the payment through Stripe, and you can have a refund within 7 days of buying, for any reason. Email support@moonlitfoundry.dev. Refunding removes whatever you unlocked, though anything you achieved while it was active is yours to keep.

Deleting your account removes web purchases along with it, because the record that you bought them is part of the account. Purchases made through Apple or Google survive, because those live with your store account and can be restored from it.

We may change, rebalance, or withdraw virtual items as part of updating a game. Where a change removes something you paid for, we'll offer a reasonable equivalent.

6. Ads

Our games are free and supported by advertising. We choose the networks but we don't write the ads or vet each one individually. If you see an ad that's broken, deceptive, or offensive, send it to support@moonlitfoundry.dev with a screenshot and we'll report it. What the ad SDKs collect is set out in the privacy policy.

7. Availability and changes

We update games, and sometimes we retire them. We'll give reasonable notice before shutting down a game or a service it depends on, where we can. We don't promise a game will always be available, bug-free, or compatible with every device or OS version.

8. Disclaimers

Our games and this site are provided “as is”. To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Nothing here excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that can't lawfully be excluded — and if you are a consumer, your statutory rights are unaffected.

9. Limitation of liability

To the extent the law allows, we are not liable for indirect, incidental, special, or consequential loss, or for lost data, revenue, or profits. Our total liability to you for any claim connected to a game is limited to the greater of the amount you paid us for that game in the twelve months before the claim, or US$100.

10. Ending this agreement

You can end it any time by deleting your account and the game.

We can suspend or end your licence if you break section 3 in a way that's serious or repeated — cheating, tampering with the ads, or interfering with other players. If we do, you lose access to anything you unlocked and we won't refund it. We keep that bar high on purpose, and we'd rather warn you first where there's any room for doubt.

Sections 2, 5, 8, 9, 12, and 13 survive the end of this agreement.

11. Changes to these terms

If we change these terms materially, we'll update the effective date and show a notice in the game or on this site. Continuing to play after that means you accept the new version.

12. Disputes and arbitration

If something goes wrong, email hello@moonlitfoundry.dev first and give us 30 days to sort it out. Most things end there.

If that doesn't work, you and we agree that any dispute will be resolved by binding arbitration on an individual basis, before a single arbitrator, under the consumer rules of a recognised arbitration body. Not by a judge or a jury, and not as a class, collective, or representative action. The arbitrator can't consolidate your claim with anyone else's.

Two exceptions. Either of us can bring a claim in small claims court if it qualifies there. And either of us can ask a court for an injunction over misuse of intellectual property.

You can opt out. Email hello@moonlitfoundry.dev with your username or the email you bought with, and the words “arbitration opt-out”, within 30 days of first accepting these terms. Opting out costs you nothing else — the rest of this agreement is unaffected, and we won't treat you differently for it. If you opt out, section 13 decides where a dispute is heard.

If the class-action waiver above is held unenforceable, this whole section 12 doesn't apply and disputes go to the courts named in section 13.

13. Governing law

These terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. For anything not going to arbitration under section 12, the state and federal courts of Sonoma County, California have jurisdiction. If you are a consumer, you keep the protection of the mandatory laws of the state or country you live in, and nothing here stops you relying on them.

14. Contact

Moonlit Foundry LLC
REGISTERED ADDRESS
hello@moonlitfoundry.dev