Terms of Use

1.About Ombo Entertainment

The Services are provided by:

2.Eligibility

You may use the Services only if you are legally permitted to do so under the laws applicable to you.

If you have not reached the age at which you can enter into a binding agreement in your jurisdiction, a parent or legal guardian must review and agree to these Terms on your behalf.

The Services are intended for a general audience unless a particular Service states otherwise.

3.License to Use the Services

Subject to your compliance with these Terms, Ombo Entertainment grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial entertainment purposes.

This license does not transfer ownership of any part of the Services to you.

Except where expressly permitted by these Terms or applicable law, you may not copy, sell, license, distribute, modify, reverse engineer, exploit, or commercially use any portion of the Services.

4.Ownership and Intellectual Property

The Services and all related materials are owned by or licensed to Ombo Entertainment and are protected by intellectual-property laws.

This includes, where applicable:

• game titles and branding;
• logos;
• characters;
• artwork;
• graphics;
• animations;
• 3D models;
• environments;
• user interfaces;
• sounds and music;
• software and source code;
• game mechanics and implementation;
• text;
• fictional companies and brands;
• virtual items;
• maps;
• designs;
• promotional materials; and
• other content contained in the Services.

Except for the limited license granted under these Terms, no intellectual-property rights are transferred to you.

“Ombo Entertainment,” related logos, and the names and branding of our games may be trademarks or other protected intellectual property of Ombo Entertainment LLC.

5.Game Saves and Locally Stored Data

Some of our games may store progression, settings, virtual currency balances, player-created company names, inventory, unlocks, or other gameplay information locally on your device.

Unless expressly stated otherwise, Ombo Entertainment does not guarantee that locally stored game data can be recovered.

Game data may be lost as a result of:

• deleting an application;
• clearing application data;
• device failure;
• operating-system changes;
• corrupted files;
• software bugs;
• changing devices;
• restoring a device;
• unauthorized modification of game files; or
• other circumstances outside our control.

Where a game does not provide a cloud-save feature, you are responsible for maintaining your device and any backups offered by your operating system or platform.

6.Virtual Currency and Virtual Items

Our games may offer virtual currencies, virtual goods, cosmetic items, passes, upgrades, vehicles, skins, rewards, or other digital content (“Virtual Items”).

Virtual Items are licensed, not sold.

Virtual Items:

• exist only within the applicable Service;
• have no cash value;
• are not legal tender;
• are not bank deposits;
• are not cryptocurrency;
• do not represent ownership interests;
• cannot be redeemed from Ombo Entertainment for cash except where required by law; and
• may not be sold, transferred, exchanged, or traded outside systems expressly provided by Ombo Entertainment.

Purchasing or receiving Virtual Items does not give you ownership of the underlying game content or intellectual property.

We may modify the appearance, functionality, balance, availability, or characteristics of Virtual Items as part of operating and balancing our games, subject to applicable law.

7.In-App Purchases

Some Services may offer purchases through third-party marketplaces such as the Apple App Store or Google Play.

Purchases may include:

• virtual currency;
• premium passes;
• Season Passes;
• cosmetic items;
• content unlocks;
• upgrades; or
• other digital products.

Transactions are processed by the applicable platform provider and are subject to that provider’s terms and payment policies.

Ombo Entertainment generally does not receive your complete payment-card information.

You are responsible for all purchases authorized through your device or store account.

8.Refunds

Unless otherwise required by applicable law, requests for refunds for purchases made through an app marketplace must be submitted to the marketplace through which the purchase was made.

For example, purchases made through the Apple App Store are generally subject to Apple’s applicable refund policies.

Ombo Entertainment cannot guarantee that a platform provider will approve a refund.

Nothing in these Terms limits any non-waivable refund rights you may have under applicable consumer law.

9.Season Passes and Time-Limited Content

Our games may offer Season Passes, events, challenges, reward tracks, or other time-limited content.

Where a Season Pass or event has an announced end date, rewards may need to be earned or claimed before that period ends.

Unless otherwise stated:

• purchasing a Season Pass does not automatically grant every reward;
• progression requirements may apply;
• rewards may depend on gameplay;
• unused progression may not carry into later seasons;
• cosmetic or gameplay content may later become available through other means; and
• the structure, rewards, duration, pricing, or content of future seasons may differ.

We will make reasonable efforts to clearly communicate significant time limitations associated with paid seasonal content.

10.Advertising

The Services may contain advertising, including:

• rewarded advertisements;
• interstitial advertisements;
• banner advertisements;
• sponsored placements; or
• other advertising formats.

Rewarded advertisements may provide optional in-game benefits after successful completion of an advertisement.

Availability of advertisements is not guaranteed. Advertisements may fail to load or may be unavailable based on geographic location, network connectivity, advertiser demand, privacy settings, device configuration, or technical issues.

We may change the types, frequency, and placement of advertising within the Services, subject to applicable platform rules and law.

Advertising and data practices are further described in our Privacy Policy.

11.Rewarded Advertising

Where a game offers an optional reward for viewing an advertisement, the reward will generally be granted only after the advertising system reports successful completion.

Technical failures, interrupted connections, ad-provider errors, or prematurely closing an advertisement may prevent a reward from being issued.

We may take reasonable steps to correct confirmed reward-delivery errors, but we do not guarantee replacement rewards for every failed advertising session.

12.Updates and Changes to Games

Games and online services evolve over time.

We may add, remove, rebalance, modify, redesign, or discontinue features, including:

• game mechanics;
• levels;
• cities;
• vehicles;
• rewards;
• prices;
• progression systems;
• Virtual Items;
• events;
• advertisements;
• cosmetic content;
• difficulty;
• user interfaces; and
• other features.

These changes may be made to improve gameplay, maintain compatibility, correct bugs, address security issues, comply with law or platform rules, balance the game economy, or support continued operation of the Service.

We do not guarantee that any particular feature will remain available indefinitely.

13.Prohibited Conduct

You agree not to:

• use the Services for unlawful purposes;
• cheat, exploit, automate, manipulate, or interfere with gameplay in an unauthorized manner;
• use bots, scripts, macros, modified clients, memory editors, or unauthorized automation;
• exploit bugs or vulnerabilities for improper advantage;
• attempt to circumvent purchase, advertising, progression, or reward systems;
• falsify purchase receipts;
• manipulate virtual currency or inventory;
• distribute unauthorized modified versions of our games;
• interfere with servers, networks, APIs, or security systems;
• probe or test vulnerabilities without authorization;
• introduce malware or harmful code;
• reverse engineer or decompile the Services except where applicable law expressly permits it;
• remove copyright, trademark, or ownership notices;
• impersonate Ombo Entertainment or its employees;
• use the Services to harass, threaten, defraud, or harm others; or
• use Ombo intellectual property in a way that falsely implies sponsorship or endorsement.

We may take reasonable action to protect the integrity of the Services if we detect prohibited conduct.

14.Bugs, Exploits, and Errors

Software may contain errors.

If you discover a bug, exploit, vulnerability, or unintended behavior, we encourage you to report it to us rather than abuse it.

Ombo Entertainment may correct errors involving gameplay, purchases, virtual currency, progression, pricing, or rewards.

Where technically feasible and reasonably necessary, we may reverse gains obtained through obvious exploits, fraud, duplicated transactions, or unauthorized manipulation.

15.User-Created Names and Other Local Content

Certain games may allow you to enter limited custom text, such as a company name.

You may not knowingly use custom content that:

• infringes another person’s intellectual property;
• impersonates another person or business;
• is unlawful;
• contains threats;
• promotes illegal activity; or
• is otherwise used to interfere with the Services.

Where such information is stored only locally on your device, Ombo may not have the technical ability to review or moderate it.

16.Videos, Streaming, Screenshots, and Fan Content

We support players creating ordinary fan content relating to our games.

You may generally create and publish:

• gameplay videos;
• livestreams;
• screenshots;
• reviews;
• commentary;
• tutorials;
• social-media posts; and
• other transformative fan content featuring our games.

You may monetize this content through ordinary platform monetization programs, sponsorships, advertisements, or creator programs.

This permission does not authorize you to:

• redistribute our games or substantial standalone game assets;
• sell extracted art, music, models, source code, or other game files;
• create merchandise using our intellectual property without permission;
• imply that your content is officially produced, sponsored, or endorsed by Ombo Entertainment when it is not;
• register our trademarks or confusingly similar marks;
• use our intellectual property for fraudulent or unlawful purposes; or
• use extracted assets to create a competing product.

Ombo Entertainment may revoke this permission in individual cases involving misuse of our intellectual property.

Nothing in this section restricts rights you independently have under applicable law, including fair use or similar doctrines.

17.Feedback

If you voluntarily provide ideas, suggestions, concepts, bug reports, feature requests, or other feedback concerning the Services (“Feedback”), you grant Ombo Entertainment permission to use, modify, reproduce, develop, and incorporate that Feedback into our products and services without compensation or obligation to you.

This provision does not transfer ownership of unrelated intellectual property you may own.

18.Third-Party Services

The Services may integrate with or link to third-party services, including:

• Apple;
• Google;
• Unity;
• advertising providers;
• payment processors;
• hosting providers;
• analytics providers; and
• social-media or external websites.

Those services are controlled by their respective providers and may be subject to separate terms and privacy policies.

Ombo Entertainment is not responsible for third-party services outside our control.

19.Apple App Store

If you download one of our applications through the Apple App Store, your use of that application is also subject to applicable Apple terms.

Unless Ombo Entertainment provides a separate custom end-user license agreement for a particular application, Apple’s standard application license terms may also apply.

Apple is not responsible for providing maintenance or support for Ombo Entertainment’s Services except as required under Apple’s own terms or applicable law.

Nothing in these Terms is intended to conflict with mandatory Apple App Store requirements.

20.Website Use

You may use our website for lawful personal and informational purposes.

You may not:

• scrape the website at unreasonable volumes;
• interfere with website operation;
• attempt unauthorized access;
• introduce malicious code;
• misuse contact forms;
• spam our systems;
• impersonate others; or
• use the website to infringe intellectual-property rights.

We may modify, suspend, or discontinue portions of the website at any time.

21.Newsletter and Communications

If you subscribe to an Ombo Entertainment newsletter, you may unsubscribe at any time using the unsubscribe mechanism provided in the communication.

You may still receive non-promotional messages when necessary to respond to requests, complete transactions, provide support, or communicate legally required information.

22.Privacy

Our collection and use of personal information are governed by the Ombo Entertainment Privacy Policy.

The Privacy Policy forms an important part of your relationship with Ombo Entertainment and should be reviewed together with these Terms.

23.Suspension and Termination

We may suspend or terminate access to some or all of the Services if we reasonably believe that:

• you materially violated these Terms;
• you engaged in fraud or unlawful conduct;
• you compromised the security or integrity of the Services;
• continued access would expose Ombo Entertainment or others to legal or security risk; or
• suspension or termination is required by law or a platform provider.

Where appropriate and practical, we may provide notice before termination.

You may stop using the Services at any time.

Deleting an app does not automatically entitle you to a refund for previously purchased digital content.

24.Discontinuation of Services

We may discontinue a Service or feature.

Where reasonably practicable, we may provide advance notice of a material discontinuation affecting paid services.

Nothing in these Terms requires Ombo Entertainment to operate any particular game, website, server, feature, or event indefinitely.

Your rights under applicable consumer law remain unaffected.

25.No Guarantee of Continuous Availability

We strive to keep the Services functional, but we cannot guarantee uninterrupted or error-free operation.

Services may temporarily become unavailable because of:

• maintenance;
• updates;
• server problems;
• third-party outages;
• internet connectivity;
• platform outages;
• device compatibility;
• security incidents;
• force majeure events; or
• circumstances outside our reasonable control.

26.Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

Ombo Entertainment disclaims warranties that may otherwise arise by implication, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, availability, and error-free operation, to the extent such disclaimers are legally permitted.

We do not warrant that:

• the Services will always be available;
• all software will be free from bugs;
• game progress can always be recovered;
• third-party advertising will always be available;
• every device will remain compatible; or
• all content will remain unchanged.

Some jurisdictions do not allow certain warranty exclusions, so portions of this section may not apply to you.

27.Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMBO ENTERTAINMENT LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE SERVICES.

This includes, where legally permitted, losses relating to:

• lost gameplay progress;
• lost data;
• loss of virtual items;
• loss of business opportunities;
• inability to access the Services;
• device incompatibility;
• third-party services; or
• unauthorized access caused by circumstances outside our reasonable control.

To the maximum extent permitted by law, Ombo Entertainment’s aggregate liability arising from the Services will not exceed the greater of:

• (a)the amount you paid directly for the applicable Service during the twelve months preceding the event giving rise to the claim; or
• (b)US $100.

Nothing in these Terms excludes or limits liability that cannot legally be excluded, including rights available under applicable consumer-protection law.

28.Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Ombo Entertainment LLC and its officers, employees, contractors, and representatives from claims, liabilities, damages, and reasonable costs arising from:

• your unlawful use of the Services;
• your material violation of these Terms; or
• your infringement of another person’s rights.

This section does not apply where prohibited by applicable consumer law.

29.Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except where the law of your place of residence provides mandatory consumer protections that cannot legally be waived.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

30.Dispute Resolution and Courts

We hope to resolve disputes informally when possible.

Before filing a lawsuit, you are encouraged to contact us at hello@omboentertainment.com so that we can attempt to resolve the matter.

These Terms do not require mandatory arbitration.

To the extent permitted by applicable law, disputes arising from these Terms or the Services that cannot be resolved informally will be brought in the appropriate state or federal courts located in California, and the parties consent to the jurisdiction of those courts.

Where applicable consumer law gives you the right to bring proceedings in your home jurisdiction, nothing in these Terms takes that right away.

31.Export and Sanctions Compliance

You may not use, export, re-export, or otherwise access the Services in violation of applicable export-control, sanctions, or trade laws.

You represent that your use of the Services is not prohibited by applicable law.

32.Changes to These Terms

We may update these Terms to reflect changes in:

• our Services;
• business practices;
• law;
• platform requirements;
• technology; or
• security practices.

When we make changes, we will update the “Last Updated” date.

If required by applicable law, we will provide additional notice of material changes.

Your continued use of the Services after updated Terms become effective constitutes acceptance to the extent permitted by law.

If you do not agree to updated Terms, you should stop using the affected Services.

33.Severability

If a provision of these Terms is found invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary, and the remaining provisions will remain in effect.

34.No Waiver

Failure by Ombo Entertainment to enforce a provision of these Terms does not constitute a waiver of that provision or any other right.

35.Assignment

You may not transfer your rights or obligations under these Terms without our written consent.

Ombo Entertainment may assign these Terms in connection with a merger, acquisition, corporate restructuring, financing, sale of assets, or transfer of the applicable business, subject to applicable law.

36.Entire Agreement

These Terms, together with our Privacy Policy and any additional terms expressly applicable to a particular Service, constitute the agreement between you and Ombo Entertainment regarding your use of the Services.

37.Contact Us

Questions concerning these Terms may be directed to: