WINDUP MINDS
STAY: FOREVER HOME
END-USER LICENSE AGREEMENT
Last Updated: [April 8, 2025]
Welcome to Stay: Forever Home (the “Game”)! The Game is a copyrighted work belonging to Windup Minds, Inc. (“Company”, “us”,
This Game is licensed to you, not sold.
By downloading/installing/using/accessing the Game, you (i) acknowledge that you have read and understand these Terms; (ii) represent that you meet one of the eligibility requirements above, and (iii) accept this agreement and agree that you are legally bound by its terms. If you do not agree to these Terms, you may not download/install/use the Game.
1. ACCESS TO THE GAME
1.1 Eligibility. Only persons meeting the following requirements may use the Game:
– (a) Persons who are at or above the legal age of majority in their jurisdiction (18 years old in most states) who agree to be bound by all of the terms of this EULA; or
– (b) Persons who are younger than the legal age of majority in their jurisdiction, who have the consent and are under the supervision of their parent or legal guardian and who agree, along with their parent or guardian, to be bound by all of the terms of this EULA.
1.2 License. Subject to the terms of this EULA and your continued compliance these terms, and provided that you meet the requirements in either Section 1.1(a) or 1.1(b) above, we grant you a limited, non-transferable, non-exclusive, revocable, limited license to download and install the Game for your personal, non-commercial use in accordance with the Game’s documentation.
1.3 Certain Restrictions. The rights granted to you in this EULA are subject to the following restrictions. You may not:
– (a) Copy, reproduce, distribute, republish, download, display, post or transmit the Game in any form or by any means, except as expressly permitted by this license;
– (b) Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Game;
– (c) Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Game or any part thereof;
– (d) Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any of the Game, including any copy thereof;
– (e) Access or use the Game in order to build a similar or competitive product or service;
– (f) Rent, license, lease, lend, sell, sublicense, assign, distribute, host, publish, transfer, commercially exploit or otherwise make available the Game, or any features or functionality of the Game, to any third party for any reason, including by making the Game available on a network where it is capable of being accessed by more than one device at any time;
– (g) Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Game. Unless otherwise indicated, any future release, update, patch, DLC, or other addition to functionality of the or other addition to functionality of the Game will be subject to this Agreement. All copyright and other proprietary notices on or within the Game must be retained on all copies thereof; or
– (h) Use the Game or any code, graphics, audio, text, user interface, gameplay mechanics, storylines, characters, or any other content, materials or other elements of or accessible through or generated by any of the Game or (collectively the “Game Content”) to train, develop, test, improve, or otherwise enhance any artificial intelligence system, model, or technology that is capable of generating content, including but not limited to text, images, audio, video, software code, or other data outputs, based on prompts, training data, or other inputs, including without limitation large language models (LLMs), diffusion models, and other machine learning technologies that produce novel or synthetic outputs, whether or not such outputs are derivative of existing content (“AI System”). You specifically agree not to input, upload, or otherwise provide any Game Content to any AI System or allow any AI System to access, scrape, or ingest any Game Content; use outputs or results from the Game or any Game Content to train or fine-tune any AI System, reverse engineer or decompile the Game or any Game Content for AI System-related purposes; or create any dataset incorporating Game Content for AI System training.
1.4 Free Content. Upon downloading the Game, users will have access to certain features of the Game (“Free Features”). We may add, remove, modify or otherwise change the Free Features at any time with or without notice to you.
1.5 Meta Account. In order to access and use the Game, you must have a Meta account in good standing. You agree to abide by the terms of service associated with your Meta account at all times. If you are unable to access your Meta account for any reason, you may be unable to access the Game. You may not license or access the Game through any account other than your personal Meta account. You are responsible for maintaining the confidentiality of your Meta account login information and are fully responsible for all activities that occur under your Meta account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Meta account, relating to the Game, or any other breach of security relating to the Game. We cannot and will not be liable for any loss or damage arising from your inability to access your Meta account or your failure to comply with the any of above requirements.
1.6 Collection and Use of Your Personal Information. You acknowledge that when you access, download, install, or use the Game, we may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Game. You also may be required to provide certain information about yourself as a condition to accessing, downloading, installing, or using the Game or certain of their features or functionality, and the Game may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the Game is subject to our Privacy Policy. By accessing, downloading, installing, using, and providing information to or through the Game, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
1.7 Updates. We may from time to time in its sole discretion develop and provide Game updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings when your Device is connected to the internet either: (i) the Game will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that the Game or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Game and be subject to all terms and conditions of this Agreement.
1.8 Device Requirements. The Game can only be used via certain devices for a list of which are provided on our website and/or the third party marketplace (“Marketplace”) page where the Game can be downloaded. Your Device must also meet the system requirements listed on our website and/or the Marketplace page.
1.9 No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Game.
2. ACCEPTABLE USE AND INFORMATION SUBMITTED THROUGH THE GAME (AND OUTSIDE PLATFORMS AS DEFINED BELOW)
2.1 User Content. “User Content” means any and all information and content, whether in the form of text, spoken words or sounds, images, video or any other content or materials of any kind, that you or any other user submits (e.g., messages to other players, uploaded content, content in a review, comment or other types of postings) to or through, or uses with, the Game, or any group, server or other manner of forum on social media organized by us including without limitation, our Discord server, Facebook page, Instagram account, subreddit forum, YouTube channel, Twitter/X account and any of our other social accounts or pages (“Outside Platform(s)”). Your submission of User Content is governed by this Agreement and our Privacy Policy if through the Game, or if through an Outside Platform, by the terms and policies of the applicable platform, provided that your User Content must, in either case, always comply with the terms of this Section 2. By submitting User Content to through the Game or Outside Platform, you make the following representations, warranties and agreements:
– (a) You meet the eligibility requirements in Section 1.1 above;
– (b) You agree that you are solely responsible for, and you assume all risks associated with your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party;
– (c) You consent to our use of your personal information as outlined in the Privacy Policy;
– (d) To the extent that you submit information that personally identifies or is otherwise of or about a third party (“Third Party Information”) through the Game or Outside Platform, you represent that all such Third Party Information is of persons who are at least 18 years of age, and that you have validly obtained all consents and provided all notices required by applicable law for the submission, disclosure and use by us of the Third Party Information;
– (e) All information or material that you submit through the Game or Outside Platform is true, accurate and complete, and you will maintain and update such information and materials as needed such that it remains true, accurate and complete;
– (f) You hereby represent and warrant that your User Content on all Outside Platforms is in full compliance with all terms, rules and guidelines of the applicable platforms;
– (g) You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 2.3);
– (h) You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
2.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to us an irrevocable, nonexclusive, sublicensable, transferable, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Game or Outside Platform. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
2.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
– (a) You agree not to use the Game to submit, collect, upload, transmit, display, or distribute any User Content that (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) is harmful to minors in any way; or (iv) is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
– (b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Game any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Game unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Game to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Game, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Game (or to other computer systems or networks connected to or used together with the Game), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Game; or (vi) use software or automated agents or scripts to produce multiple accounts on the Game, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Game (provided, however, that, subject to Section 1.3(h) above, we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Game for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
2.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating this EULA in accordance with Section 7, and/or reporting you to law enforcement authorities.
2.5 Feedback. If you provide us with any feedback, information, ideas, comments or suggestions of any kind, including but not limited to feedback related to the Game or our other projects (collectively “Feedback”), you hereby assign to us all rights in such Feedback and agree that we will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you may not submit any information or ideas to us that you consider to be confidential or proprietary.
2.6 User Disputes. You agree that you are solely responsible for your interactions with any other user in connection with the Game and we will have no liability or responsibility with respect thereto. We reserve the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Game.
3. PROPRIETARY RIGHTS; RESERVATION OF RIGHTS
You acknowledge and agree that the Game is provided under license, and not sold, to you. You do not acquire any ownership interest in the Game under this Agreement, or any other rights thereto other than to use the Game in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. We and our licensors and service providers reserve and will retain their entire right, title, and interest in and to the Game, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. There are no implied licenses granted under this Agreement.
4. IN-APP TRANSACTIONS THROUGH THE GAME
Purchases made through our Game are purchases of licenses, not property. These are license purchases are processed by the Marketplace where you purchase your license to the Game and are governed by that Marketplace’s terms of service. Your license will be linked to your Marketplace account. You understand and agree that you cannot transfer licenses from one account to another. You understand and agree that we are not responsible for any problems or losses associated with your Marketplace account, including without limitation, problems transferring licenses from one device to another, restoring licenses from a lost or damaged device to a different device. We reserve the right to revise pricing for features offered for license through the Game at any time.
5. VIRTUAL ITEMS
5.1 The Game may include virtual currencies such as virtual tokens, coins or items or services for use with the Game (collectively “Virtual Items”). If you are over 18 years old, you may be able to buy licenses to access and use Virtual Items in the Game. You agree that once you purchase a license to a Virtual Item, that Virtual Item has no real-world monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain licenses to Virtual Items only from us, and not from any third party. You agree that your licenses Virtual Items are not transferrable to anyone else, and you will not transfer or attempt to transfer your license(s) any Virtual Items to anyone else.
5.2 You do not own Virtual Items but instead you purchase a limited personal revocable license to use them in connection with the Game – any balance of licenses to Virtual Items does not reflect any stored value.
5.3 Unless the relevant Marketplace where you purchase a license to Virtual Items has a different policy, or where prohibited by law, you agree that all sales by us to you of licenses to Virtual Items are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to Virtual Items from us, you acknowledge and agree that we will begin the provision of the Virtual Items to you promptly once your purchase is complete and therefore, your right of withdrawal is lost at this point. To the extent permissible by law, for the purposes of this Section 5.3, a “purchase” is complete at the time our servers validate your purchase, and the license to the applicable Virtual Items are successfully credited to your account on our servers.
5.4 The licenses to Virtual Items that you purchase will be linked to your account with the Marketplace where you make the purchase. You understand and agree that you cannot transfer your license to Virtual Items from one account to another. You understand and agree that we are not responsible for any problems or losses associated with your Marketplace account, including without limitation, problems transferring purchases from one device to another, restoring purchased licenses from a lost or damaged device to a different device, or any other losses of licenses to Virtual Items. The risk of loss of your license to Virtual Items is transferred to you upon completion of the purchase as described in Section 5.3 above.
5.5 We reserve the right to control, regulate, change or remove any Virtual Items without any liability to you.
5.6 We may revise the pricing for licenses to Virtual Items offered through the Game at any time. We may limit the total amount of licenses to Virtual Items that may be purchased at any one time, and/or limit the total amount of licenses to Virtual Items that may be held in your account in the aggregate. You are only allowed to purchase licenses to Virtual Items from us or our authorized partners through the Game, and not in any other way.
5.7 Depending on your platform, any licenses to Virtual Items purchased will be purchased through the applicable Marketplace and such purchase will be subject to their respective terms of service and user agreement. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the applicable Game.
5.8 Without limiting Section 5.4, if we suspend or terminate this EULA you will lose any licenses to Virtual Items that you may have accumulated, and we will not compensate you for this loss or make any refund to you.
6. INTENTIONALLY OMITTED
7. TERM
7.1 Termination by You. You may terminate this Agreement with respect to any Game by deleting the Game and all copies thereof from your Device.
7.2 Termination by Us. We may suspend or terminate your rights to use the Game at any time for any reason at our sole discretion, including for any use of the Game in violation of this EULA. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement in which case we may terminate your ability to access the Game.
7.3 Effect of Termination. Upon termination, all rights granted to you under this Agreement will also terminate; and you must cease all use of the Game and delete all copies of the Game from your Device and account. Termination will not limit any of our rights or remedies at law or in equity. We will not have any liability whatsoever to you for any termination of your rights under this Agreement, including for the deletion of your information and content. Even after your rights under this Agreement are terminated, the provisions herein which by their nature should survive the termination of this agreement, will survive it, including without limitation: Sections 1.3, 1.6, 1.9, 2-6, 7.3, and 8-13. Termination of this Agreement will not limit any of our rights or remedies at law or in equity.
8. INDEMNIFICATION
You agree to indemnify, defend, and hold us (and our officers, employees, directors, affiliates, agents, successors, and assigns) harmless, from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Game, (b) Virtual Items, (c) your violation of this Agreement, or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
9. THIRD-PARTY MATERIALS
The Game may contain links to third-party websites and services, including through third party advertising (collectively, “Third-Party Materials”). Such Third-Party Materials are not under our control, and we are not responsible for any Third-Party Materials. We provide access to these Third-Party Materials only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Materials. You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of the Third-Party Materials. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and corresponding links are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
10. RELEASE
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Game (including any interactions with, or act or omission of, other Game users or any Third Party Materials). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
11. DISCLAIMERS
THE GAME IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND OUR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE GAME, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE GAME WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, GAMES, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, ACCURATE, RELIABLE, FREE FROM HARMFUL CODE, COMPLETE, LEGAL, SAFE, AVAILABLE ON AN UNINTERUPTED BASIS OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR GAME PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE GAME FOR:
– PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR GAME, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
– DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU AND RECEVIED BY US, IF ANY, FOR YOUR LICENSE TO THE GAME.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. GENERAL
13.1 Changes. This EULA is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Game. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Our prominent posting of notice of such changes on our website will also be considered effective notice of such changes. Any changes to this EULA will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Game. These changes will be effective immediately for new users of our Game. Continued use of our Game following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
13.2 Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule.
13.3 Disputes.
– (a) Venue: Any legal suit, action, or proceeding arising out of or related to this Agreement or the Service will be instituted exclusively in the state and federal courts within King County, Washington. You irrevocably consent to the personal jurisdiction of the courts of King County, Washington and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
– (b) Waiver of Jury Trial: THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON, ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR US TO ENTER INTO THIS AGREEMENT AND TO GRANT THE LICENSE IN SECTION 1.2 TO YOU.
– (c) Waiver of Class Action Claims: THE PARTIES AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING (“CLASS ACTION”). THE PARTIES EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. THIS PROVISION IS A MATERIAL INDUCEMENT FOR US TO ENTER INTO THIS AGREEMENT AND TO GRANT THE LICENSE IN SECTION 1.2 TO YOU.
– (d) Limitation of Time for Claims: ANY CAUSE OF ACTION OR CLAIM EITHER PARTY MAY HAVE AGAINST THE OTHER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE GAME MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13.4 Export Regulation. The Game may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations. You must comply with all applicable laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Game available outside your jurisdiction or country.
13.5 Disclosures. We are located at the address in Section 13.11. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
13.6 Electronic Communications. The communications between you and us use electronic means, whether you use the Game or send us emails, or whether we post notices on the Game or communicates with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
13.7 Severability. The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of any other term or provision of this Agreement. If any term or provision of this Agreement is determined by a court of competent jurisdiction to be illegal or unenforceable under applicable law, such term or provision will be deemed deleted solely to the extent of such invalidity and solely with respect to the persons or circumstances as to which it has been held invalid or unenforceable, and the remainder of the provision shall be modified, rewritten, or otherwise interpreted by the court to include as much of its nature and scope as will render it enforceable, and all other provisions of this Agreement will continue in full force and effect.
13.8 Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power provided by this EULA will operate as a waiver of said right or power, nor will any single or partial exercise of any right or power preclude further exercise of that or any other right. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement will govern.
13.9 Entire Terms. The EULA constitutes the entire agreement between you and us regarding the use of the Game. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms will be binding upon assignees.
13.10 Copyright/Trademark Information. Copyright © 2025 Windup Minds, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Game are the property of Windup Minds, Inc. or other third parties. You are not permitted to use these Marks without the prior written consent of Windup Minds, Inc. or the third party that owns the Marks.
13.11 Contact Information
Windup Minds, Inc.
1416 NW 46th St,
105 #213
Seattle, WA 98107
Email: privacy@windupminds.com
Mailing Address:
Windup Minds, Inc.
1416 NW 46th St,
105 #213
Seattle, WA 98107