Terms of Service

Eligibility

You must be at least 13 years old, or the minimum age required to agree to binding contracts in your jurisdiction, to use the App. If you are under the age of majority in your jurisdiction (typically 18), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

The App is rated 12+ on the Apple App Store.

License to Use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to download and use the App on Apple devices that you own or control, for your personal, non-commercial use.

You may not:

• Modify, reverse-engineer, decompile, or disassemble the App
• Copy, distribute, sublicense, rent, lease, or sell the App or access to it
• Remove, obscure, or alter any copyright, trademark, or other proprietary notices
• Use the App in any way that violates applicable law
• Use automated tools, bots, or scripts to interact with the App
• Attempt to circumvent in-app purchases, advertising, or any other monetization mechanism

The App is licensed to you, not sold. We retain all rights, title, and interest in the App, including all intellectual property rights.

In-App Purchases

The App offers the following optional in-app purchase:

All purchases are processed by Apple under the Apple Media Services Terms and Conditions. We do not process payments directly and do not have access to your payment information.

Refunds

Refunds must be requested through Apple, not through us. Visit reportaproblem.apple.com and sign in with your Apple ID to request a refund.

We do not have the technical ability to process refunds directly. If Apple denies your refund request and you believe you have a legitimate case, contact us at [email protected]. We will review your case in good faith. All refund decisions ultimately rest with Apple.

Restoring Purchases

Purchases are tied to your Apple ID and may be restored on other devices signed in to the same Apple ID. Use the "Restore Purchases" option in the App's Settings screen.

Chargebacks

If you initiate a chargeback or payment dispute with your credit card company or bank for a valid purchase, we reserve the right to revoke the associated entitlement (Remove Ads status) on any device associated with that purchase.

Advertising

For users who have not purchased Remove Ads, the App displays advertisements through Google AdMob:

• Rewarded video advertisements. Shown only when you voluntarily watch in exchange for in-game rewards.
• Banner advertisements. Displayed in limited contexts as disclosed within the App.

We are not responsible for the content of third-party advertisements. Your interactions with advertisers are between you and the advertiser. If an advertisement appears broken, misleading, or otherwise problematic, report it to [email protected] and we will raise the issue with Google AdMob.

User Content

The App does not allow users to submit, upload, or share content. There are no user accounts, forums, chat systems, or social features.

If such features are added in future versions, these Terms will be updated and you will be notified within the App.

Service Availability

We may modify, suspend, or discontinue the App at any time, with or without notice. We are not liable to you or any third party for any such modification, suspension, or discontinuation.

We may release updates and new versions through the Apple App Store. Your continued use after an update constitutes acceptance of any changes.

Intellectual Property

The App, including all content, visuals, sound effects, music, code, trademarks, and design elements, is owned by Eighth Ventures LLC or our licensors and is protected by United States and international intellectual property laws.

"Hallucination," "Eighth Ventures," and related marks, logos, and designs are trademarks or service marks of Eighth Ventures LLC. You may not use these marks without our prior written consent.

DMCA / Copyright Infringement

If you believe content in the App infringes your copyright, send a notice to our DMCA agent:

• Email: [email protected]
• Subject: DMCA Takedown Notice

Your notice must include the information required by 17 U.S.C. § 512(c)(3), including identification of the copyrighted work, identification of the allegedly infringing material, your contact information, a statement of good-faith belief, a statement of accuracy under penalty of perjury, and your physical or electronic signature.

Accessibility

Hallucination is a visual, touch-based game with pixel-art graphics and interface elements that may not be fully compatible with all iOS accessibility features such as VoiceOver or Dynamic Type. We acknowledge that accessibility is an ongoing area of improvement and welcome feedback sent to [email protected].

Disclaimers

You use the App at your own risk.

Limitation of Liability

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless Eighth Ventures LLC and its officers, members, employees, agents, and licensors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any applicable law or third-party rights

Termination

We may suspend or terminate your license to use the App at any time, with or without notice, for any reason, including if we believe you have violated these Terms.

You may terminate your use of the App at any time by uninstalling it. Upon termination, all licenses granted to you under these Terms immediately cease.

Sections covering License, Intellectual Property, DMCA, Disclaimers, Limitation of Liability, Indemnification, Termination, Governing Law, Relationship with Apple, and Miscellaneous survive termination.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Utah, United States, without regard to its conflict-of-laws principles.

Any dispute arising out of or related to these Terms or the App will be resolved as follows:

1. Informal resolution. Contact us at [email protected] to attempt good-faith resolution of any dispute before filing any formal claim. We will respond within 30 days.
2. Binding arbitration. If informal resolution fails, disputes will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will take place in Utah unless both parties agree otherwise.
3. Small claims exception. Either party may bring an individual action in small claims court instead of arbitration, provided the claim qualifies under that court's jurisdictional limits.
4. Exception for injunctive relief. Either party may seek injunctive or equitable relief in a court of competent jurisdiction for claims involving intellectual property, unauthorized access, or breach of confidentiality.

If the binding arbitration provision is found unenforceable in your jurisdiction, disputes will be resolved exclusively in the state or federal courts located in Utah, and you consent to the jurisdiction of those courts.

Relationship with Apple

You acknowledge and agree that:

• These Terms are between you and Eighth Ventures LLC only, not with Apple Inc.
• Apple has no obligation to provide any maintenance or support services with respect to the App
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the App (if any) to you
• To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App
• Apple is not responsible for addressing any claims by you or any third party relating to the App
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as such

Miscellaneous

• Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Eighth Ventures LLC regarding the App.
• Severability. If any provision is found unenforceable, the remaining provisions remain in full effect.
• No waiver. Our failure to enforce any provision does not waive our right to enforce it later.
• Assignment. You may not assign or transfer these Terms. We may assign these Terms without restriction.
• Export control. You represent that you are not located in a country subject to a U.S. government embargo and are not listed on any U.S. government list of prohibited or restricted parties.

Changes to These Terms

We may update these Terms from time to time. Material changes will be reflected in an updated "Last updated" date. For material changes, we will surface notice within the App where possible. Your continued use of the App after changes constitutes acceptance of the updated Terms.