End-User License Agreement & Terms of Service

1. Acknowledgment & Legal Agreement

This End-User License Agreement and Terms of Service ("Agreement") constitutes a valid, legally binding agreement between you (an individual user, referred to as "You", "Your", or "User") and Brylle Seraspe / BDST PH ("Licensor", "Company", "We", "Us", or "Our").

This Agreement governs your access to and use of the mobile game application titled Klondike Solitaire (the "Application" or "Game"), including all associated software, features, sound effects, animations, graphical assets, and digital documentation.

The Application is licensed, not sold, to You strictly in accordance with the terms of this Agreement. By downloading, installing, launching, or playing the Application, You acknowledge that:

• You have read, understood, and agree to be legally bound by this Agreement;
• You agree to our collection, use, and disclosure of data as outlined in our Privacy Policy; and
• You have the legal capacity to enter into this binding contract in your jurisdiction.

2. Definitions

For the purposes of this Agreement, the following terms shall have the meanings ascribed below:

• "Application" means the software application Klondike Solitaire developed by Brylle Seraspe / BDST PH, distributed via the Google Play Store, Apple App Store, or authorized application repositories.
• "Company" refers to Brylle Seraspe / BDST PH, based in the Philippines.
• "Device" means any smartphone, tablet, or handheld electronic unit running the Android or iOS operating system capable of executing the Application.
• "Store" means the digital distribution platform operated by third parties through which the Application was obtained (i.e., Google Play Store operated by Google LLC or App Store operated by Apple Inc.).
• "In-App Purchase" means optional digital goods, virtual perks (such as hints or undos), or subscription-based services (such as "Remove Ads") offered for purchase within the Application.
• "Third-Party Services" means third-party technologies, SDKs, ad networks, and services integrated into or linked from the Application, including Google AdMob, Google Analytics, Firebase, and Firestore.

3. Eligibility & Age Requirements

Klondike Solitaire is intended for a general audience. To download and use the Application, You must meet the following age requirements:

• In the United States: You must be at least thirteen (13) years of age. If You are between 13 and the legal age of majority in your state of residence, your parent or legal guardian must review and accept this Agreement on your behalf.
• In the Philippines: You must be at least eighteen (18) years of age or possess legal capacity. If You are below 18 years of age, You must obtain the prior consent and supervision of a parent or legal guardian.
• In any other jurisdiction, You must have reached the minimum legal age required to consent to the processing of personal data and entering into binding electronic agreements.

4. Scope of License

Subject to your continuous compliance with the terms of this Agreement, the Company grants You a revocable, non-exclusive, non-transferable, non-sublicensable, limited personal license to download, install, and execute one or more copies of the Application on Devices that You own or control.

This license is granted solely for:

• Your personal, private, non-commercial entertainment use; and
• Execution strictly in accordance with the terms of this Agreement and any applicable usage rules established by the Store from which You downloaded the Application.

All rights not expressly granted to You in this Agreement are reserved exclusively by the Company and its licensors.

5. License Restrictions & Prohibited Conduct

You agree not to, and You shall not permit or authorize any third party to:

• Reverse Engineer: Decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive or access the source code, underlying game algorithms, or internal structure of the Application;
• Modify or Create Derivatives: Modify, adapt, translate, enhance, customize, or create derivative works of any portion of the Game or its assets;
• Commercial Exploitation: Sell, resell, rent, lease, lend, license, distribute, sublicense, time-share, or commercially exploit the Application;
• Cheat or Tamper: Use any cheats, automation software (bots), hacks, memory editors, packet sniffers, or unauthorized third-party software designed to alter game mechanics, card distributions, scores, or win streaks;
• Interfere with Ads or Security: Bypass, disable, circumvent, or interfere with security features, in-app ad rendering mechanisms (including Google AdMob), or attribution frameworks;
• Remove Notices: Remove, obscure, or alter any copyright notices, trademark symbols, watermarks, or proprietary legends displayed in or on the Application;
• Harmful Code: Transmit viruses, malware, trojans, worms, or malicious code designed to disrupt, damage, or limit the functionality of any Device or telecommunication network;
• Unlawful Use: Use the Application for any fraudulent, unauthorized, or illegal purpose under the laws of the United States, the Philippines, or your local jurisdiction.

6. Intellectual Property Rights

You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets, and other intellectual property rights associated therewith are, and shall remain, the sole and exclusive property of Brylle Seraspe / BDST PH and our licensors.

This intellectual property includes, without limitation:

• The computer code, logic routines, winnable deal generators, and auto-solver algorithms;
• All visual assets, card face and card back designs, companion characters (including the Froggy, Black Cat, Autumn Fairy, and Snowball animations), backgrounds, icons, particle effects, and user interfaces;
• Sound effects, musical tracks, and audio design elements (licensed from Kenney, Pixabay, and Freesound, or custom authored);
• The name "Klondike Solitaire", "BDST PH", branding logos, and associated trade dress.

Nothing in this Agreement transfers or assigns to You any ownership right, title, or interest in or to the Application or any intellectual property rights therein.

7. In-App Purchases, Subscriptions & Billing

The Application is offered free of charge and may provide optional digital purchases or subscriptions, such as ad-removal upgrades ("Remove Ads") or cosmetic customizations:

• Store Processing: All In-App Purchases and subscription transactions are processed directly and securely through the Google Play Store (for Android) or Apple App Store (for iOS). We do not collect, process, or store your credit card information, debit card details, or financial accounts.
• Pricing & Currency: Prices for In-App Purchases are displayed within the Game in your local currency as determined by your app store account settings. Prices are subject to change at any time without prior notice.
• Subscriptions & Auto-Renewal: If you purchase a recurring subscription:
  • Payment is charged to your Google Play or Apple ID account at confirmation of purchase;
  • Subscriptions automatically renew unless auto-renew is disabled at least 24 hours prior to the conclusion of the current subscription cycle;
  • Your account will be charged for renewal within 24 hours prior to the end of the current period;
  • You may manage or cancel subscriptions at any time via your device's Store account settings:
    • Android: Google Play Store > Profile > Payments & subscriptions > Subscriptions
    • iOS: Settings > Apple ID > Subscriptions.
• Refund Policy: All purchases made through the Store are governed by the respective store's refund policies:
  • Google Play Refund Policy
  • Apple App Store Refund Policy
  The Company does not issue direct monetary refunds. Except where required by applicable consumer protection laws (including the Philippine Consumer Act or US state laws), all digital purchases are final and non-refundable once unlocked.
• Virtual Items: Virtual items (such as hints or undos) have no real-world monetary value, cannot be redeemed for legal tender, and are licensed on a non-exclusive, non-transferable basis.

8. Third-Party Advertisements & Rewarded Ads

The Application displays third-party advertisements via Google AdMob (including banners, native ads, and interstitial/rewarded video ads) to support the ongoing development, maintenance, and availability of the free Game:

• Rewarded Ads: You may elect to watch opt-in rewarded video advertisements to earn optional in-game benefits, such as extra undos, hints, or bonus moves. Watching these ads is entirely voluntary.
• Ad Content Disclaimer: Advertisements are served by third-party advertising networks. The Company does not review, verify, endorse, or guarantee the content, accuracy, legality, or products featured in third-party advertisements.
• Advertiser Dealings: Any interactions, purchases, or agreements between You and third-party advertisers are solely between You and that advertiser. The Company shall not be liable or responsible for any damage, loss, or dispute arising out of your dealings with any third-party advertiser.

9. Privacy & Data Protection

Your privacy is paramount. By using the Application, You acknowledge that our Privacy Policy governs our collection, use, transmission, and processing of technical identifiers, diagnostic data, and analytics. The Privacy Policy is incorporated by reference into and forms an integral part of this Agreement.

10. Updates, Maintenance & Modifications

The Company may, from time to time, develop and release updates, patches, enhancements, bug fixes, or new versions of the Application ("Updates"):

• Updates may be downloaded and installed automatically or manually depending on your Device settings;
• Certain features may be modified, adapted, or deprecated as the Game evolves;
• The Company is under no legal obligation to provide continuous maintenance, customer support, or updates indefinitely, nor to maintain backward compatibility with older operating systems;
• You agree that all Updates shall be deemed part of the Application and subject to the terms of this Agreement.

11. Term & Termination

This Agreement shall remain in full force and effect until terminated by either You or the Company:

• Termination by You: You may terminate this Agreement at any time by ceasing all use of the Application and permanently deleting all copies of the Application from your Devices.
• Termination by the Company: The Company may immediately suspend or terminate this Agreement and revoke your license, without prior notice or liability, if You fail to comply with any provision of this Agreement, engage in unauthorized reverse engineering, or commit fraud.
• Consequences of Termination: Upon termination of this Agreement, all licenses granted to You shall immediately terminate, and You must cease all use of the Application and delete all copies.
• Survival: Sections 5 (Intellectual Property Rights), 11 (Termination), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Indemnification), 15 (Dispute Resolution & Governing Law), and 17 (Entire Agreement) shall survive any termination.

12. Disclaimer of Warranties ("AS IS")

Consumer Protection Exception: Some jurisdictions (including the Philippines under the Consumer Act of the Philippines, RA 7394, and certain US states) do not permit the exclusion of certain statutory implied consumer warranties. In such jurisdictions, the above disclaimers shall apply to the maximum extent permitted by applicable law.

13. Limitation of Liability

14. Indemnification

You agree to defend, indemnify, and hold harmless the Company, Brylle Seraspe / BDST PH, and its contractors, agents, licensors, and partners from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal and attorneys' fees) arising out of or resulting from:

• Your access to or use of the Application;
• Your breach or violation of any provision of this Agreement;
• Your violation of any applicable domestic or international law, rule, or regulation; or
• Your infringement or violation of any third-party intellectual property or privacy right.

15. Dispute Resolution, Governing Law & Jurisdiction

Please read this section carefully as it affects your legal rights, including your right to file a lawsuit in court.

A. Governing Law

This Agreement, and any dispute arising out of or related to it, shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

B. For Users in the Philippines

If You are a resident of the Philippines, any legal action, suit, or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the competent courts of the Philippines located in Metro Manila or the developer's registered domicile. Nothing in this clause prevents You from seeking administrative recourse through the National Privacy Commission (NPC) for data privacy grievances or the Department of Trade and Industry (DTI) for consumer protection concerns.

C. For Users in the United States

If You are a resident of the United States, the following dispute resolution provisions apply:

• Informal Dispute Resolution: Prior to initiating arbitration or court action, You and the Company agree to attempt in good faith to resolve any dispute informally for at least thirty (30) days by contacting us at brylleseraspe@gmail.com with a written description of the dispute and proposed resolution.
• Binding Individual Arbitration: If the dispute is not resolved through informal negotiations, it shall be settled by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this section.
• CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.
• Small Claims Court Option: Notwithstanding the foregoing, either party may bring an individual claim in a small claims court of competent jurisdiction.

16. United States Legal & Export Compliance

You represent and warrant that:

• You are not located in a country that is subject to a United States Government embargo, or designated by the US Government as a "terrorist supporting" country; and
• You are not listed on any United States Government list of prohibited or restricted parties, including the US Treasury Department's list of Specially Designated Nationals or the US Department of Commerce Denied Persons List.

17. Severability & Waiver

Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by an arbitrator or court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

Waiver

No failure or delay by the Company in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise of any other right, power, or privilege.

18. Entire Agreement & Amendments

This Agreement, together with the Privacy Policy and any additional terms presented during In-App Purchases, constitutes the entire agreement between You and the Company concerning the Application, and supersedes all prior or contemporaneous oral or written understandings, agreements, or communications.

The Company reserves the right to revise or update this Agreement at any time. For material modifications, we will provide at least thirty (30) days' notice by updating the "Last Updated" date or through an in-app notice. Your continued use of the Application after revised terms become effective signifies your agreement to be bound by the updated Agreement.

19. Contact Information

If You have any questions, comments, or legal notices concerning this Agreement or the Application, please contact Us: