Terms of Service

These Terms of Service (the "Terms") are a legal agreement between you and Emberhatch LLC, a Florida limited liability company doing business as Emberhatch Games ("Emberhatch", "we", "us" or "our"). They cover your use of the game Dinos vs Dragons, including the website at dinosvsdragons.com, our apps for Android and Apple devices, our game servers, and any related features and services (together, the "Game").

IMPORTANT NOTICES. PLEASE READ CAREFULLY.

• Section 22 contains an arbitration agreement and a class-action waiver. If you live in the United States, it requires most disputes between you and us to be resolved by binding individual arbitration instead of in court, and you give up the right to a jury trial and to take part in class actions. You can opt out within 30 days (Section 22.9). It does not apply to consumers in the European Economic Area, the United Kingdom, Switzerland or anywhere else the law does not allow it.
• Virtual items have no real-money value and are licensed to you, not sold (Section 7).
• Children under 13 may play only through a child profile created and supervised by a parent or legal guardian (Section 1).

Contents

1. Who can play
2. Your account
3. Early access and test features
4. Online play and offline play
5. Your license to play
6. Ownership, AI-assisted content and open-source parts
7. Virtual currency and items
8. Random rewards and the Hero Hall
9. Purchases, prices and refunds
10. The Star Shard Track
11. Rules of conduct and fair play
12. PvP, rankings and seasons
13. Names, chat, clans and friends
14. Monitoring, moderation and enforcement
15. Feedback and ideas
16. Copyright complaints
17. Third-party services and app stores
18. Changes to the Game, availability and shutdown
19. Changes to these Terms
20. Disclaimers
21. Limitation of liability and indemnity
22. Disputes, arbitration and class-action waiver
23. Governing law and where disputes are heard
24. Export controls and sanctions
25. Additional terms for Apple devices
26. General terms
27. Contact us

1. Who can play

1.1 Own accounts: 13 and older. You must be at least 13 years old to sign in with your own account. The Game asks for your year of birth once, when you first sign in; please answer truthfully. If the answer shows you are too young, the account is not created, and any information it sent us is deleted (see the Privacy Policy).

1.2 Children under 13. A child under 13 may play only through a child profile that a parent or legal guardian adds to the parent's own account. Only an adult (18 or older) can add a child profile, and the adult must sign in again shortly before adding one. By adding a child profile, the parent or guardian agrees to these Terms for the child, consents to the collection and use of the child's information as described in the Privacy Policy, and is responsible for the child's use of the Game.

1.3 Teens and minors. If you are under the age of majority where you live (18 in most U.S. states), you may use the Game only with the involvement of a parent or legal guardian who has reviewed and agreed to these Terms. That parent or guardian is responsible for your use of the Game, including any purchases.

1.4 Countries with a higher age of consent. In some countries (for example, many in the European Economic Area), the law sets a higher age (up to 16) at which a young person may agree to online services on their own. If you are below that age where you live, you may play only with your parent's or guardian's permission, or through a child profile on their account.

1.5 Other limits. You may not use the Game if we have previously banned you, or if the law forbids you from using it (see Section 24).

2. Your account

2.1 Signing in. You sign in with a third-party account: Google on every platform, and Sign in with Apple on Apple devices. We do not receive your password for those accounts. You are responsible for keeping your sign-in secure and for all activity on your Game account. Tell us promptly at dinosvsdragons.support@gmail.com if you think someone used your account without permission.

2.2 Profiles. One account can hold several player profiles, for example an adult's profile and child profiles for their children. The account owner is responsible for every profile on the account.

2.3 Guest play. You may play some of the Game as a guest without signing in. A guest player is tied to the device and browser or app it was created on. Our servers keep a guest's game progress for a limited time (see the Privacy Policy), but if the device's game data is cleared or the app is removed, a guest's progress may not be recoverable. Some features, such as friends, clans, Ranked PvP and Star Shards, need a signed-in account. You can link a guest player to an account later from the player menu.

2.4 Accurate information. Give accurate information, including your year of birth. We may suspend or close an account that we reasonably believe was created with false age information.

2.5 Accounts are personal. You may not sell, rent, trade, give away, share or otherwise transfer your account, any profile, or any Virtual Items, and you may not buy or accept any of them from someone else. We may close accounts involved in such transfers.

2.6 Deleting your account. You may delete your account at any time in the Game (player menu, then Google Account or Your Account, then Delete) or as described on our account deletion page. Deletion is permanent: it removes your profiles, progress and any unused Virtual Items, which are not refunded except where the law requires. The Privacy Policy explains what we delete and what we must keep.

3. Early access and test features

The Game is in early access and is still being built. Features, balance, rewards, prices and content may change, be reset or be removed; the Game may contain bugs; and it may be unavailable at times, including during maintenance and updates. We may offer test, preview or "beta" features, which are provided as they are, may not work fully, and may be changed or withdrawn at any time. We will try to avoid resetting progress, but we cannot promise that progress or Virtual Items from early access will carry forward unchanged.

4. Online play and offline play

4.1 The Game is played online. On the website, the Game always needs an internet connection. Challenges, PvP, clans, friends and purchases always need one, in every version.

4.2 Offline play in the apps. In the Game's Android and Apple apps, a signed-in player may play the campaign and the Tower of Trials without a connection for up to 7 days after that device was last online, and for up to 150 battles waiting to be checked. After that, the Game asks you to connect once before you can keep playing offline.

4.3 Offline progress is checked. Battles played offline are sent to our servers and checked when you reconnect. Battles that do not check out (for example, because the Game or its files were changed) do not count, and rewards from them may be removed.

5. Your license to play

5.1 License. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use the Game on devices you own or control, for your own non-commercial entertainment. The Game is licensed, not sold, to you.

5.2 Restrictions. Except as these Terms allow or the law expressly permits despite this restriction, you may not: (a) copy, modify, translate, or create derivative works of the Game; (b) sell, rent, lease, sublicense, distribute or commercially exploit the Game or any part of it; (c) decompile, disassemble, reverse engineer or try to obtain the Game's source code, server code or network protocol; (d) remove or change any copyright, trademark or other notice; (e) run private servers or emulate our servers; or (f) use the Game to build a competing product.

5.3 Videos and screenshots. You may take screenshots and record and stream videos of your own gameplay, including on monetized channels, as long as you do not suggest we endorse you, you do not show other players' personal information, and you follow these Terms. We may withdraw this permission for specific content that we reasonably believe harms the Game or its players.

6. Ownership, AI-assisted content and open-source parts

6.1 We own the Game. We and our licensors own all rights, title and interest in the Game, including its code, art, characters, story, music, sound, names, logos and Virtual Items. "Dinos vs Dragons" and "Emberhatch Games" are trademarks of Emberhatch LLC. Nothing in these Terms gives you any right in them except the license in Section 5.

6.2 AI-assisted content. Some of the Game's art and music was created with the help of artificial intelligence tools (such as Google Gemini, Ludo.ai and Suno) and then selected, edited and arranged by us. This content is part of the Game and is licensed to you under these Terms like the rest of the Game.

6.3 Open-source parts. The Game includes open-source software (listed in the Game under Settings, then Credits). Each open-source part is licensed under its own license, and nothing in these Terms limits your rights under those licenses.

7. Virtual currency and items

7.1 What they are. The Game includes virtual currencies and items, such as Star Shards, fossils, Sparks, Commanders, Commander copies, skills, units and upgrades (together, "Virtual Items"). You may earn them by playing or, where offered, buy some of them.

7.2 License only; no cash value. Virtual Items are a limited, personal, revocable license to use certain features of the Game. They are not your property, have no monetary value, are not money or a deposit, earn no interest, and cannot be sold, transferred, or exchanged for real money, goods, services or anything of value outside the Game, from us or anyone else. We do not buy back Virtual Items. Any attempt to sell or transfer them is void.

7.3 Our records decide. Our servers keep the record of the Virtual Items each account holds and has earned. If there is a difference between what your device shows and our records, our records decide, unless they are clearly wrong. Rewards and saved progress are checked against those records, and we may correct or remove Virtual Items that were obtained through errors, bugs, cheating, exploits, refunds or chargebacks.

7.4 Changes. We may change, rebalance, rename, limit, or discontinue Virtual Items, their prices and how they work, for example to keep the Game balanced. We will not do this in a way that singles out your account unfairly.

7.5 Spending. When you spend Virtual Items (for example, starting a clan costs fossils), they are used up when the action succeeds and are not returned if you later change your mind, leave or close the clan.

8. Random rewards and the Hero Hall

8.1 Some features give randomly selected rewards, such as summoning Commanders in the Hero Hall. The chances ("odds") of each kind of result, and any guarantees, are shown in the Game (in the Hero Hall, under "Rates & rules") before you summon. Summons can be paid for with Star Shards, which can be earned in the Game and, where offered, bought.

8.2 The odds shown in the Game are the odds used by our servers. If we change them, we will update the in-game display before the change takes effect. Results already received are final, except where they came from an error or a breach of these Terms.

8.3 If the law where you live restricts random rewards that can be bought (for example, in some countries summons may be limited or unavailable), we may change or turn off those features where you live.

9. Purchases, prices and refunds

9.1 Availability. Purchases of Star Shards or other Virtual Items are not yet offered. When they are, this Section applies.

9.2 Who sells and who processes payment.

• Google Play and the Apple App Store. Purchases in our Android or Apple apps are made through Google Play or Apple's App Store, are processed by them, and are also subject to their terms and policies.
• Our website. Purchases on our website may be processed by a third-party payment provider or a "merchant of record" that sells on our behalf. The provider and its terms will be shown at checkout and will apply to the transaction.

We never receive or store your full card or bank details.

9.3 Prices and taxes. Prices are shown before you buy and may include or add taxes as required where you live. We may change prices at any time; a change does not affect a purchase already completed.

9.4 Delivery. Purchased Virtual Items are added to your account once our servers confirm the payment with the store or provider. If an item does not arrive, contact dinosvsdragons.support@gmail.com with your receipt.

9.5 Refunds. Except as stated in this Section or required by law, all purchases are final and non-refundable. In particular:

• Google Play: refunds are handled under Google Play's refund policies. You can request one through Google Play.
• Apple App Store: refunds are handled only by Apple, under Apple's policies. You can request one at reportaproblem.apple.com.
• Website: contact us or the payment provider named at checkout. We will review requests for purchases that did not arrive or were charged by mistake.
• EEA, UK and Switzerland: you normally have a 14-day right to withdraw from purchases of digital content. By buying Virtual Items that are delivered immediately, you ask us to deliver them right away and acknowledge that you lose your right of withdrawal once delivery has begun. This does not affect your other legal rights, for example if an item is faulty or not as described.

9.6 Refunds and chargebacks remove items. If a purchase is refunded, reversed or charged back, we may remove the Virtual Items it gave you (and rewards that depended on them), and, if this leaves a negative balance or the chargeback was improper, suspend the account until it is resolved.

9.7 Children and purchases. Child profiles cannot make purchases. Parents and guardians are responsible for purchases made on accounts they own or manage. We recommend using the purchase controls (such as password or authentication for purchases) offered by your device and app store.

10. The Star Shard Track

Where offered, the Star Shard Track is a reward bar that fills only with Star Shards bought with real money and recorded by our servers from completed, verified purchases. Earned or gifted Star Shards do not count. When the bar reaches a milestone, its reward (for example a special Commander, or a copy of one) can be claimed in the Game. Purchases that are refunded, reversed or charged back are taken off the total, and rewards they unlocked may be removed. We may change future milestones and rewards, but rewards you have already claimed stay in your account under these Terms. Because child profiles cannot make purchases, the Star Shard Track does not fill for them.

11. Rules of conduct and fair play

You agree not to, and not to help or encourage anyone else to:

1. cheat, or use bots, scripts, macros, automation, hacks, trainers, modified game files or clients, or any software that changes or reads the Game in a way we have not authorized;
2. exploit bugs, errors or design flaws for an advantage, instead of reporting them to us;
3. interfere with, overload or attack the Game's servers or networks, get around rate limits or security measures, or try to access accounts, data or systems that are not yours;
4. harass, bully, threaten, stalk, or impersonate anyone (including our staff), or encourage self-harm;
5. post or send content that is hateful, discriminatory, sexual, violent, illegal, misleading, spam, advertising, or that infringes someone else's rights;
6. share personal information (yours or anyone else's), such as real names, addresses, phone numbers, emails, schools or social media accounts, or ask children for it;
7. use offensive, misleading or infringing names for profiles or clans;
8. buy, sell, trade, rent or share accounts or Virtual Items, or offer services such as "boosting" or account leveling for anything of value;
9. use the Game for commercial purposes not allowed by these Terms; or
10. break any law or regulation while using the Game.

12. PvP, rankings and seasons

12.1 How PvP works. PvP battles are run and refereed by our servers. Ranked play needs a signed-in account; Casual play may be open to guests. Ratings, leagues and rewards are calculated by our servers, and their results decide matches.

12.2 Competitive integrity. In PvP, you also agree not to: deliberately lose or arrange results ("win trading"), play on someone else's account or let someone play on yours, use more than one account to manipulate rankings or matchmaking, disconnect on purpose to avoid a loss, or take advantage of connection problems or out-of-sync errors.

12.3 Seasons and changes. Ranked seasons, ratings, leagues and season rewards may be reset, recalculated or changed. We may adjust or remove ratings, results and rewards that we reasonably believe came from cheating, errors or a breach of these Terms.

13. Names, chat, clans and friends

13.1 User Content. "User Content" means anything you create or send in the Game, such as profile nicknames, clan names and tags, chat messages, reports and messages to support. You are responsible for your User Content and confirm you have the right to post it. You keep any rights you have in it, but you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, copy, display, transmit, modify (for example to filter or format it) and remove it, as needed to operate, promote and improve the Game. This license ends when your User Content is deleted from our systems, except for copies we must keep (see the Privacy Policy).

13.2 No expectation of privacy in public areas. Nicknames, clan names, clan chat and leaderboard entries can be seen by other players. Do not share personal information in them.

13.3 Filtering. Names and chat messages pass through automatic filters, which may block words or messages. Filters are not perfect; please report anything that gets through.

13.4 Clans. Clan leaders may require approval for new members, accept or turn down requests, and remove messages from their clan's chat. Leaders must use these tools fairly; we may step in where they are misused, and we may rename, change or close clans that break these Terms.

13.5 Reporting and muting. Any player can report a clan chat message or mute another player. A message reported by more than one player is hidden until we review it. You can also report players or content to dinosvsdragons.support@gmail.com.

13.6 Children. Child profiles cannot type free-text chat; they can send only preset quick messages. A clan with a child profile in it allows only preset quick messages for everyone and always needs the leader's approval to join. A child profile can add friends only by friend code, and a friendship starts only after the parent approves it.

14. Monitoring, moderation and enforcement

14.1 Monitoring. To keep the Game fair and safe, we may record and review gameplay, battle records, match data, account activity, names and messages to detect cheating, exploits and abuse. Single-player battles are sent to our servers as battle records (your army setup and the commands you gave) and replayed there to check the result before rewards count. We are not required to monitor the Game, and we are not responsible for what other players say or do.

14.2 How we moderate. We use automatic tools (such as name and chat filters, battle checks and rate limits) and human review. We may remove or hide User Content, and limit features, if we reasonably believe it breaks these Terms or the law.

14.3 What we may do. If we reasonably believe you have broken these Terms, put other players at risk, or that we must act to comply with law, we may, depending on how serious it is: warn you; remove User Content; change a name; remove Virtual Items or ratings; restrict chat, PvP or other features; or temporarily suspend or permanently close your account or profiles. Serious or repeated breaches (such as cheating, threats or abuse of children) may lead to a permanent ban without a prior warning.

14.4 Notice and appeal. Where practical and lawful, we will tell you what we did and why. If you think we made a mistake, email dinosvsdragons.support@gmail.com within 60 days, and a person will review your appeal.

14.5 Effect of closure. If we close your account for a breach of these Terms, your license ends and you lose access to your profiles and Virtual Items, without a refund, except where the law requires otherwise. You may not create a new account to get around a suspension or ban.

15. Feedback and ideas

If you send us feedback, suggestions, bug reports or ideas about the Game (including as a tester), you agree we may use them for any purpose, without any obligation or payment to you, and you will not claim any rights in the Game or its features because of them.

16. Copyright complaints

16.1 We respect intellectual property rights. If you believe that content in the Game infringes your copyright, send a notice to our copyright agent at dinosvsdragons.support@gmail.com (subject line: "Copyright notice") that includes:

1. your physical or electronic signature;
2. a description of the copyrighted work you believe is infringed;
3. a description of the material you believe is infringing and where it is in the Game, detailed enough for us to find it;
4. your name, address, telephone number and email address;
5. a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and
6. a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner.

16.2 Counter-notice. If your content was removed because of a notice and you believe that was a mistake, you may send a counter-notice to the same address with: your signature; a description of the removed material and where it appeared; a statement under penalty of perjury that you have a good-faith belief it was removed by mistake or misidentification; your name, address and telephone number; and a statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any judicial district in which we may be found) and will accept service of process from the person who sent the original notice.

16.3 Repeat infringers. We will, in appropriate circumstances, close the accounts of players who repeatedly infringe others' copyrights.

16.4 Knowingly false notices or counter-notices may make you liable for damages. If you are not sure whether material infringes, consider getting legal advice first.

17. Third-party services and app stores

17.1 The Game relies on third-party services, such as Google and Apple (for sign-in), app stores, payment providers, hosting and crash reporting. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them.

17.2 App stores. If you got the Game from an app store, these Terms are between you and us, not the app store. The app store's terms of service also apply to your use of the store, and if they conflict with these Terms on matters of the store's own services, the store's terms win on those matters. For Apple devices, Section 25 also applies.

18. Changes to the Game, availability and shutdown

18.1 Changes. The Game is a live service and will change over time. We may add, change or remove features, content, modes, Virtual Items and platforms, and may take the Game's servers offline for maintenance or updates.

18.2 Shutting down. We may stop offering the Game, or part of it, at any time. If we decide to permanently shut down the Game, we will try to give you at least 30 days' notice in the Game and on our website, and we will stop selling Star Shards and other Virtual Items when we give that notice. Unless the law requires otherwise, unused Virtual Items are not refunded when the Game or a feature ends.

19. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes to the Game or the law. We will post the updated Terms with a new "Last updated" date. If a change is significant, we will notify you in the Game (and, where appropriate, ask you to agree again) at least 14 days before it takes effect, except where a change is needed sooner for legal, safety or security reasons or concerns only new features. Changes do not apply to disputes that arose before they took effect. If you do not agree to the updated Terms, stop using the Game and you may delete your account; continuing to use the Game after the change takes effect means you accept it. Changes to Section 22 are covered by Section 22.10.

20. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE GAME AND ALL VIRTUAL ITEMS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We do not promise that the Game will be uninterrupted, timely, error-free or secure, that defects will be corrected, that it will work on every device, or that progress, data or Virtual Items will never be lost.

Some places do not allow some of these exclusions. If you are a consumer in the EEA, UK or another country where the law gives you rights that cannot be waived (for example, the right to digital content that conforms to the contract), nothing in these Terms limits those rights.

21. Limitation of liability and indemnity

21.1 Limits. TO THE FULLEST EXTENT PERMITTED BY LAW, EMBERHATCH LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, PROGRESS, VIRTUAL ITEMS OR GOODWILL, ARISING OUT OF OR RELATING TO THE GAME OR THESE TERMS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE GAME OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE GAME IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US $100.

21.2 What is not limited. Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or willful misconduct, or any other liability that cannot be limited or excluded by law. If you are a consumer in the EEA or UK, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or failing to use reasonable care and skill; we are not responsible for loss or damage that is not foreseeable.

21.3 Indemnity. To the extent permitted by law, you agree to defend, indemnify and hold harmless Emberhatch LLC and the people listed in Section 21.1 from claims, losses and costs (including reasonable attorneys' fees) by third parties arising from your User Content, your breach of these Terms or your misuse of the Game. This Section does not apply to consumers in the EEA or UK.

22. Disputes, arbitration and class-action waiver

22.1 Who this covers. This Section 22 applies if you live in the United States, or if you live elsewhere and the law where you live allows it. It does not apply to consumers who live in the European Economic Area, the United Kingdom or Switzerland. "Dispute" means any dispute, claim or controversy between you and us arising out of or relating to these Terms, the Game, any Virtual Items or purchases, or our privacy practices, whether based on contract, statute, tort or any other legal theory, and whether it arose before or after you agreed to these Terms.

22.2 Talk to us first. Before starting arbitration or a small-claims case, you and we each agree to try to resolve the Dispute informally. The party with the Dispute must send a written notice to the other: to us at dinosvsdragons.support@gmail.com (subject line: "Dispute notice"), or to you at the email address on your account. The notice must include the sender's name, the email address on the account (and a friend code if you have one), a description of the Dispute, and the relief requested, and it must be personally signed by the person with the Dispute (not only by a lawyer). If asked, you and we will meet by phone or video call in good faith within that time. If the Dispute is not resolved within 60 days after the notice is received, either party may start arbitration or a small-claims case. Time limits for bringing claims are paused (tolled) during this process.

22.3 Binding individual arbitration. If the Dispute is not resolved informally, you and we agree to resolve it by final and binding arbitration on an individual basis, rather than in court, except as stated in Section 22.4. The Federal Arbitration Act governs this agreement to arbitrate. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (and, where Section 22.7 applies, its Mass Arbitration Supplementary Rules), as modified by this Section, available at adr.org. A single neutral arbitrator will decide the Dispute, may award the same individual relief a court could award, and must follow these Terms and the law. If the AAA is unavailable, the parties will agree on another arbitration provider, or a court will appoint one.

22.4 Exceptions. Either party may instead: (a) bring an individual claim in small-claims court, if it qualifies and stays there on an individual basis; or (b) ask a court for an injunction or other equitable relief to stop infringement or misuse of intellectual property, or unauthorized access to the Game's systems.

22.5 Fees and hearings. Payment of filing, administration and arbitrator fees will be governed by the AAA's rules and fee schedules for consumer disputes, under which the business pays most of the fees. If you show that the costs of arbitration would be prohibitive compared with the costs of court, we will pay as much of them as the arbitrator finds necessary to prevent that. For claims of US $10,000 or less, you may choose whether the arbitration is decided on written submissions only, by phone or video hearing, or by an in-person hearing in the county where you live. Each party pays its own attorneys' fees unless the arbitrator awards them under applicable law.

22.6 No class or representative actions. YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not combine more than one person's claims (except as allowed under Section 22.7) and may award relief only to the individual party seeking it and only as needed for that party's individual claim. If this Section 22.6 is found unenforceable for a particular claim or remedy, that claim or remedy (and only that one) will be decided in court, under Section 23, after any individual arbitration is finished, and the rest of this Section 22 still applies.

22.7 Mass arbitration. If 25 or more similar Disputes are filed against us or by us by the same or coordinated lawyers or organizations within a short period, the AAA's Mass Arbitration Supplementary Rules and fee schedule will apply, and the Disputes may be administered and decided in batches, as those rules allow. Time limits for bringing claims are paused for Disputes that are waiting to be filed in a later batch. This does not prevent anyone from bringing an individual claim in small-claims court.

22.8 Jury waiver. If a Dispute is decided in court rather than arbitration for any reason, you and we each waive any right to a jury trial, to the extent permitted by law.

22.9 Your right to opt out. You may opt out of this Section 22 by emailing dinosvsdragons.support@gmail.com within 30 days after you first agree to these Terms (subject line: "Arbitration opt-out"), from the email address on your account, with your name and a clear statement that you opt out of arbitration. If you opt out, neither you nor we can require the other to arbitrate, and Disputes will be decided in court under Section 23. Opting out does not affect any other part of these Terms or any earlier arbitration agreement between us.

22.10 Changes to this Section. If we make a material change to this Section 22, you may reject the change by emailing us within 30 days after it takes effect, in which case the version of this Section you last agreed to keeps applying to you.

22.11 Minors. If a court of competent jurisdiction finds that this Section 22 cannot be enforced against a minor or a person acting on a minor's behalf, that person's Disputes will be decided in court under Section 23.

23. Governing law and where disputes are heard

These Terms, and any Dispute, are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law rules. Subject to Section 22, any Dispute that is decided in court will be heard only in the state or federal courts located in Hillsborough County, Florida, and you and we consent to their personal jurisdiction there.

If you are a consumer living outside the United States, you also keep the protection of the mandatory laws of your country of residence, and you may bring a Dispute in the courts of the place where you live. If you live in the EU, you may also use the European Commission's online dispute resolution resources, but we are not obliged to take part in alternative dispute resolution unless the law requires it.

24. Export controls and sanctions

You may use the Game only if you comply with U.S. and other applicable export control and sanctions laws. You confirm that you are not located in a country or region subject to comprehensive U.S. sanctions or designated by the U.S. government as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted persons.

25. Additional terms for Apple devices

If you got the Game from Apple's App Store, these terms also apply, and they win if they conflict with the rest of these Terms:

1. These Terms are between you and Emberhatch LLC only, not Apple Inc. ("Apple"). We, not Apple, are solely responsible for the Game and its content.
2. Your license to use the Game on Apple devices is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions, except that the Game may be accessed by other accounts associated with you through Family Sharing or volume purchasing, where available.
3. We are solely responsible for providing any maintenance and support for the Game. Apple has no obligation to provide maintenance or support for it.
4. If the Game fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Game to you. To the maximum extent permitted by law, Apple has no other warranty obligation for the Game, and any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are our responsibility, to the extent they are not disclaimed in these Terms.
5. We, not Apple, are responsible for addressing any claims by you or a third party relating to the Game or your possession or use of it, including (a) product liability claims, (b) claims that the Game fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection, privacy or similar laws.
6. If a third party claims that the Game or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of that claim.
7. You confirm the statements about sanctions in Section 24.
8. Questions, complaints or claims about the Game should be sent to Emberhatch LLC at dinosvsdragons.support@gmail.com.
9. You must comply with any applicable third-party terms (such as your wireless data service agreement) when using the Game.
10. Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept these Terms, Apple has the right (and is deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

26. General terms

26.1 Entire agreement. These Terms, the Privacy Policy and any rules or terms shown in the Game for a specific feature (such as the Hero Hall's "Rates & rules") are the entire agreement between you and us about the Game, and replace any earlier agreements about it.

26.2 Severability. If any part of these Terms is found invalid or unenforceable, it will be limited or removed to the minimum extent necessary, and the rest stays in effect (except as Section 22.6 says).

26.3 No waiver. Our not enforcing a provision is not a waiver of our right to enforce it later.

26.4 Assignment. You may not assign or transfer these Terms or your account. We may assign these Terms, for example in connection with a merger, acquisition, reorganization or sale of assets, or by operation of law; if we do, we will tell you where the law requires.

26.5 Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, such as outages of hosting, network or app-store services, natural disasters, war, attacks on our systems, or changes in law.

26.6 Electronic communications. You agree that we may send notices to you electronically, in the Game or by email to your account's address, and that these satisfy any requirement that notices be in writing. Notices to us must be sent to dinosvsdragons.support@gmail.com.

26.7 Relationship and beneficiaries. Nothing in these Terms creates a partnership, employment or agency relationship. Except as stated in Section 25, there are no third-party beneficiaries of these Terms.

26.8 Survival. Sections that by their nature should continue after these Terms end (including Sections 6, 7.2, 14.5, 15 and 20 to 26) survive termination.

26.9 Language and headings. These Terms are written in English, and the English version controls to the extent permitted by law. Headings and "In short" summaries are for convenience only and do not change the meaning of the Terms.

27. Contact us

Emberhatch LLC
Email: dinosvsdragons.support@gmail.com

We aim to reply to support requests within a few business days. For the EU Digital Services Act, this email address is also our single point of contact for players and authorities; we can communicate in English.