Quest for Elira Terms and Conditions

1 License

The Game is licensed, not sold. Subject to these Terms and the rules of the store from which you obtained it, the Publisher grants you a limited, personal, revocable, non-exclusive, non-transferable license to install and use the Game on devices you own or control, for personal, non-commercial entertainment.

You may not, and may not help anyone else to: copy, sell, sublicense, distribute, rent or commercially exploit the Game; cheat, use bots or modified clients, or interfere with the Game; bypass security, consent or payment systems; or reverse engineer, decompile, disassemble or modify the Game, except where applicable law expressly permits those activities despite this restriction. Open-source components remain governed by their own licenses, which are listed in the Game's credits.

2 Game content and acceptable use

Quest for Elira contains fantasy combat, weapons, stylized blood, frightening themes and fictional deaths. Play in a safe place, take breaks, and stop playing if you feel unwell. If you or anyone in your family has a history of epilepsy or seizures, consult a doctor before playing, as the Game includes flashing effects.

Assumption of risk. Playing video games carries ordinary risks, and you voluntarily accept them when you play the Game. These include physical fatigue; eye strain or dry eyes; headaches; strain or repetitive-motion discomfort in the hands, wrists, arms, neck or back; disturbed sleep; and dizziness, nausea or motion sickness from on-screen movement, which can be stronger if you view the Game through a virtual reality (VR) headset or similar device. The Game is not designed for VR, and you use any such device at your own risk. Take regular breaks, play in a well-lit place at a comfortable distance from the screen, stay aware of your surroundings, and stop playing and rest if you feel any of these symptoms; consult a doctor if they persist. To the maximum extent permitted by law, the Publisher is not liable for injury or harm arising from these ordinary risks. This does not limit liability for the Publisher's own negligence where the law does not allow it to be limited (see Section 11).

Healthy play and gaming disorder. The World Health Organization recognizes gaming disorder (ICD-11, 6C51) as a condition marked by impaired control over gaming, increasing priority given to gaming over other interests and daily activities, and continued or increased gaming despite negative consequences. The Game is designed for entertainment in moderation and is not intended to encourage excessive or compulsive play. You are responsible for managing your own playing time and spending, and parents and guardians are responsible for supervising children's play and purchases, including through the device's screen-time and family controls. If you or someone you know shows signs of problematic gaming, reduce or stop playing and seek help from a doctor or qualified health professional. The Game is not a medical or mental-health service, and nothing in it is medical advice. To the maximum extent permitted by law, the Publisher is not liable for any condition, harm or loss arising from the amount of time you spend playing the Game or from how you choose to play it.

You must not use the Game unlawfully, attempt to gain unauthorized access to any system, introduce malicious code, manipulate purchases or save data for fraud, or disrupt services supplied with the Game.

Fictional content and real-world conduct. The Game is a work of fiction made for entertainment. Its characters, places, events, violence, weapons, beliefs and depicted conduct are imaginary, and any resemblance to real persons, living or dead, or to real events is coincidental. Nothing in the Game is intended to encourage, promote, endorse, condone, instruct in, glorify or perpetuate violence, self-harm, harassment, discrimination, unlawful activity or any other harmful conduct in the real world, and the depiction of any act in the Game is not a statement that it is acceptable outside the Game. You must not imitate in the real world any dangerous, violent or unlawful act depicted in the Game.

You are solely responsible for your own actions and decisions in the real world. To the maximum extent permitted by law, the Publisher, its owners, staff, contractors and licensors are not responsible or liable for, and you agree that they will not be held responsible or liable for, any act or omission of any player or other person in the real world, or any injury, death, loss, damage or claim arising from it, whether or not that person claims to have been inspired or influenced by the Game. If your breach of this paragraph or your real-world conduct leads to a claim by a third party against the Publisher, you will indemnify the Publisher against the reasonable losses and costs it incurs as a result, to the extent permitted by law. This paragraph does not limit any liability that cannot lawfully be limited (see Section 11).

3 Pre-release test versions

If you take part in a test of the Game (for example through Google Play internal, closed or open testing, or Apple TestFlight), the test version is provided for evaluation. It may be incomplete, contain errors, change without notice or stop working, and progress, items or purchases made in a test version may be reset or not carried over to the released Game. Purchases in a test version may be processed as test transactions that are not charged; any that are charged are handled as described in Section 5.

If you send the Publisher feedback, ideas or bug reports, you grant the Publisher a free, perpetual, worldwide license to use them to improve the Game, without any obligation to you. Please do not share confidential information about an unreleased version of the Game publicly unless the Publisher has said that you may.

4 Saves and availability

The Game stores progress and settings locally on your device. Uninstalling the Game, clearing its storage, replacing a device without a supported transfer, using Full Reset, file corruption or a software failure may permanently erase progress. The Game does not offer cloud saves, and the Publisher cannot back up or recover your progress.

Features, levels, balance, prices and availability may change through updates. The Publisher may correct errors, suspend features or discontinue the Game where reasonably necessary, subject to applicable consumer law. Some features, such as ads, purchases, leaderboards, achievements and the weekly guardian, need an internet connection.

5 Virtual items and currencies

Coins, souls, experience (XP), equipment, upgrades, bundles and other virtual items are licensed digital content for use only inside the Game. They have no cash value, are not legal currency or property, cannot be redeemed or exchanged for money, goods or anything of value, and may not be transferred or sold outside the Game.

Consumable purchases, including coin and soul packs and bundles, are consumed when they are credited to your Game, and cannot be restored if your local progress is lost. No Ads is a non-consumable purchase that can be restored on the same store account with Restore Purchases. The Publisher may adjust virtual-item balance for gameplay, security or legal reasons, but will not intentionally remove a valid paid entitlement without an appropriate remedy where the law requires one.

Promotional codes issued by the Publisher may grant, at no charge, virtual currency, experience, No Ads, or equipment (such as the Herald's Set, which has no gameplay bonus and is worn for its appearance). Items from a code are virtual items under this Section: they have no cash value and are kept on the device where the code was redeemed, including through a new game, but are lost if the Game's data is deleted. Each code may be redeemed once per device, may not be sold or traded, and may be limited, expire or be withdrawn where the law allows. A No Ads unlocked by a code is not a purchase and cannot be restored through the store. Codes are redeemed in Settings, Promo Code, on Android; they are not available in the iOS version of the Game.

6 Purchases, prices and refunds

Real-money purchases are made through Apple In-App Purchase or Google Play Billing. The store shows the final price in your local currency, including any applicable taxes, and processes the payment. The Publisher does not receive your payment-card or bank details. Purchases are also subject to the store's terms, family controls and refund rules, and refund requests should normally be made to the store that processed the payment. Nothing in this section limits rights you have under local law.

Some packs cost up to USD 99.99 or the local equivalent. Parents can require approval for purchases, or turn them off, in the device's or store's family settings.

If you are a consumer in the European Economic Area, the United Kingdom or Switzerland, you normally have a 14-day right to withdraw from a contract for digital content. When you buy an item in the Game, you ask for it to be supplied immediately and acknowledge that you lose the right of withdrawal once the item is delivered to your Game. This does not affect your rights if an item is faulty or is not delivered, or the store's own refund policies.

7 Advertising

The Game shows advertisements served by Unity Ads (provided by Unity Technologies) and Google AdMob: banners on some full-screen menus such as the shop (from AdMob), and optional rewarded ads that you may choose to watch for an in-game reward such as a revive and full-screen ads between some levels (from Unity Ads first, and from AdMob when Unity has none), each with a daily limit. Ads are clearly identified, and watching a rewarded ad is never required. An ad reward is granted only after the ad provider reports that the ad was completed. The No Ads purchase removes these ads. Google's and Unity's own terms and privacy practices apply to the ads they serve, and advertising is further described in the Privacy Policy.

7A The weekly guardian

The weekly guardian, the Ancient Dragon, is an online event fought by all players at once: every player's damage counts toward one shared health bar for the week (Monday 00:00 UTC to the next Monday). If it falls before the week ends, each player who struck it may claim a reward of virtual items, which are virtual items under Section 5; if it does not fall, no shared reward is given. Fighting it and claiming rewards need an internet connection.

Fair play. You must not cheat at the weekly guardian, including by using modified versions of the Game, automation, changed device clocks or tampered save data, or by sending damage that was not dealt by playing. The Publisher may reject damage it reasonably believes is impossible or was obtained by cheating, withhold the rewards it would give, and change the guardian's health, rewards or schedule, or pause or end the event, for example to fix errors or protect fair play.

7B Sponsored guests and links

The Game may include guests who appear as part of a paid partnership, such as content creators or professionals, and their in-game cards say so. Items they give in the Game are virtual items under Section 5. Links such as Learn more open the partner's own website or profile, which the Publisher does not control and is not responsible for; the partner's own terms apply there. Nothing a guest says in the Game is professional advice, including medical advice, and the Game is not a substitute for it.

8 Ownership and third-party material

The Publisher and its licensors own all rights in the Game, including its code, story, characters, artwork, music, sound and trademarks, except components licensed under separate terms. Required third-party credits and licenses remain part of the Game. These Terms do not give you ownership of the Game or of any virtual item, and all rights not expressly granted are reserved.

9 Third-party services

The Game relies on Google AdMob and Unity Ads for advertising, on Apple and Google for distribution and payments, on Apple Game Center (iPhone) and Google Play Games (Android) for its leaderboards and achievements, on Firebase (provided by Google) for play statistics, crash reports and the weekly guardian, and, on Android, on the Meta SDK to measure installs from our ads. Their own terms and privacy practices apply. The Publisher is not responsible for outages or the independent acts of those services, but remains responsible for the obligations that applicable law places on the Publisher.

10 Disclaimer

To the maximum extent permitted by law, the Game is provided as is and as available. The Publisher does not guarantee uninterrupted or error-free operation, permanent availability, compatibility with every device, or preservation of local save data, and disclaims implied warranties of merchantability, fitness for a particular purpose and non-infringement. Nothing in these Terms excludes warranties, remedies or consumer rights that cannot legally be excluded.

11 Limitation of liability

To the maximum extent permitted by law, the Publisher will not be liable for indirect, incidental, special, exemplary or consequential loss, or for loss of data or progress, arising from use of the Game. Where liability cannot be excluded, it is limited to the greater of the amount you paid for the Game and in-app purchases during the twelve months before the claim arose, or USD 50, except where applicable law requires a different remedy or limit. This section does not limit liability for fraud, willful misconduct, death or personal injury caused by negligence, or any liability that cannot lawfully be limited.

12 Suspension and termination

You may end these Terms at any time by uninstalling the Game. Your license ends automatically if you materially breach these Terms. Sections 5, 8 and 10 to 15 survive termination where legally applicable.

13 Governing law, informal resolution and binding individual arbitration

Please read this section carefully. It affects your legal rights, includes a waiver of jury trials and class proceedings, and generally requires disputes to be resolved through individual binding arbitration. You may opt out as explained in Section 13.7. If you are a consumer in the European Economic Area, the United Kingdom or Switzerland, Section 13.10 applies to you instead of Sections 13.2 to 13.9.

13.1 Governing law

These Terms and any dispute arising from them or the Game are governed by the laws of the State of California and applicable United States federal law, without regard to conflict-of-law principles. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Mandatory consumer protections and non-waivable rights of the place where you live remain available to you; in particular, consumers in the European Economic Area, the United Kingdom or Switzerland keep the protection of the mandatory law of their country of residence.

13.2 Informal dispute notice

Before starting arbitration or a court action, the party bringing the claim must send an individual written notice (to the Publisher at admin@mirandstudios.com, or to you at the contact details you have given the Publisher) stating the claimant's name and contact information, the facts and legal basis of the dispute, and the specific relief requested. The parties will try in good faith to resolve the dispute for 30 days after the notice is received. Limitation periods are paused during those 30 days to the extent the law permits.

13.3 Small claims and other exclusions

Either party may bring an eligible individual claim in small claims court. Either party may also seek temporary or preliminary relief in court to protect intellectual-property rights or to prevent unauthorized access, fraud or misuse while arbitration is pending. A California consumer may seek public injunctive relief in court to the extent applicable law does not permit that remedy to be waived or limited to arbitration.

13.4 Arbitration procedure

Except for the matters in Section 13.3 and disputes that applicable law does not permit to be arbitrated, any unresolved dispute will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect (https://www.adr.org). A single neutral arbitrator will decide the dispute and may award the same individual remedies a court could award under applicable law. The arbitrator will issue a reasoned written decision when the rules require it or either party requests it. Judgment on the award may be entered in any court with jurisdiction.

Unless the parties agree otherwise, a hearing may take place by telephone, video or written submissions, or in person in the county where you live or another reasonably convenient place. If the AAA is unavailable or declines to administer the dispute, the parties will try to agree on another recognized consumer-arbitration provider; if they cannot agree, a court with jurisdiction may appoint one.

13.5 Arbitration fees

Fees are allocated under the AAA Consumer Arbitration Rules and applicable law. You will not be required to pay more than the amount the rules assign to a consumer, and the Publisher will pay all business fees and any other amounts it is required to pay. The Publisher will consider a reasonable written request to pay your consumer filing fee where needed to keep arbitration accessible. Each party pays its own attorneys' fees and costs unless the arbitrator awards them under applicable law.

13.6 Individual proceedings and jury waiver

Disputes may be brought only in an individual capacity, and not as a plaintiff or class member in any class, consolidated, coordinated, collective or representative proceeding, except where applicable law does not allow this restriction. The arbitrator may grant relief only to the individual claimant and only as needed to resolve that claimant's individual dispute. You and the Publisher waive the right to a jury trial for disputes covered by arbitration.

13.7 Thirty-day right to opt out

You may opt out of this arbitration agreement without affecting the rest of these Terms. Within 30 days after you first accept these Terms, email admin@mirandstudios.com with the subject Arbitration Opt-Out, giving your name, the email address you use to contact the Publisher, the date you first accepted the Terms, and a clear statement that you reject arbitration. An opt-out applies only to the person who sends it and only if it is received in time. If you opt out, Section 13.9 governs your disputes.

13.8 Severability of this section

If a court finds part of this arbitration agreement unenforceable, that part will be severed and the rest enforced to the fullest extent the law permits. If the individual-proceedings restriction is found unenforceable for a particular claim or request for relief, that claim or request will be decided by a court after all arbitrable claims are resolved, unless applicable law requires otherwise.

13.9 Courts when arbitration does not apply

For any dispute not subject to arbitration, and subject to mandatory consumer jurisdiction rules, the parties consent to the exclusive jurisdiction of the state and federal courts located in San Mateo County, California.

13.10 Consumers in the European Economic Area, the United Kingdom and Switzerland

If you are a consumer living in the European Economic Area, the United Kingdom or Switzerland, Sections 13.2 to 13.9 do not apply to you. Instead:

• You may bring a claim in the courts of the country where you live, or in the courts of California. The Publisher may bring a claim against you only in the courts of the country where you live.
• You are not required to arbitrate, you do not waive a jury trial, and nothing in these Terms limits your right to take part in a collective or representative action permitted by law, including representative actions under EU Directive 2020/1828.
• You are encouraged, but not required, to contact admin@mirandstudios.com first so the dispute can be resolved informally. You may also use an alternative dispute-resolution body if both parties agree.
• Nothing in these Terms limits the consumer rights you have under the mandatory law of your country of residence.

14 Platform terms

Apple. If you obtained the Game from the Apple App Store, these Terms are between you and the Publisher only, not Apple, and the Publisher, not Apple, is solely responsible for the Game and its content. Your license is limited to Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, including Family Sharing where it is enabled. Apple has no obligation to provide maintenance or support for the Game. If the Game fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation for the Game. The Publisher, not Apple, is responsible for addressing any claims relating to the Game, including product-liability claims, claims that the Game fails to meet legal or regulatory requirements, consumer-protection or privacy claims, and claims that the Game infringes a third party's intellectual-property rights. You confirm that you are not located in a country subject to a United States Government embargo or designated as a terrorist-supporting country, and that you are not on any United States Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce them against you.

Google. If you obtained the Game from Google Play, your use is also subject to the Google Play Terms of Service. These Terms are solely between you and the Publisher; Google is not a party to them, is not responsible for support of the Game, and has no liability under them. To the extent these Terms conflict with the Google Play Developer Distribution Agreement between the Publisher and Google, that agreement prevails. Google may give refunds under the Google Play refund policies, and billing, refunds, reinstalls and family controls are handled under the applicable Google Play rules.

15 General

These Terms, together with the Privacy Policy and any store terms that apply, are the entire agreement between you and the Publisher about the Game. If any provision is found unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver. You may not transfer your rights under these Terms; the Publisher may transfer them to a successor to the Game, provided your rights are not reduced. These Terms are written in English; any translation is for convenience only, to the extent the law permits.

16 Changes to These Terms

We reserve the right, at our sole discretion, to modify, amend, update, or replace these Terms from time to time. If we make material changes, we may provide notice through the Game, by email, or by other reasonable means; the Game will also ask you to accept material changes before you continue to play. Unless otherwise required by applicable law, changes will become effective on the date specified in the updated Terms. Your continued access to or use of the Game after the effective date of the revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Game. Changes do not apply to disputes the parties already knew about before the change.

17 Contact

Questions and legal notices: MirandLuna Studio, 304 Lansdale Ave, Millbrae, California, United States

Phone: +1 (650) 608-5052

Email: admin@mirandstudios.com

Website: https://mirandstudios.com