terms of service

These Terms of Service (the "Terms") are a legal agreement between Pocket Bear Games LLC, a Washington limited liability company ("Pocket Bear," "we," "us," or "our"), and you ("you" or "your"), governing your access to and use of Pocket Bear's mobile games and websites that link to these Terms, including pocketbeargames.com, and any related services (our "games" and, collectively, the "Services").

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

1. Eligibility

You must be at least 13 years old to use the Services — or, if higher, the minimum age at which the law of your country of residence lets you consent to your own data processing without a parent's involvement (for example, this is higher than 13 in some EU member states, up to 16). If you are under the age of majority in your jurisdiction of residence, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. You represent that you are not located in a country subject to a comprehensive U.S. Government embargo or designated by the U.S. Government as "terrorist-supporting," and that you are not listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals list maintained by the U.S. Treasury's Office of Foreign Assets Control.

2. License to use the App

Subject to your compliance with these Terms, Pocket Bear grants you a limited, non-exclusive, non-transferable, revocable license to download and use our games for your own personal, non-commercial entertainment, on a device you own or control, in accordance with the applicable app store's terms of service. We reserve all rights not expressly granted to you. You may not:

• sublicense, sell, rent, lease, or redistribute the app or any part of it;
• modify, decompile, disassemble, or reverse-engineer the app, or attempt to derive its source code, except where applicable law expressly permits it;
• remove or obscure any proprietary notices in the app;
• use any automated means (bots, scripts, macros) to play the game or interact with the Services;
• interfere with, disrupt, or attempt to gain unauthorized access to the Services or any systems supporting them; or
• use the Services for any unlawful purpose or in a way that violates these Terms.

3. Accounts and identity

Our games identify you through an anonymous, on-device identifier by default. You may optionally link your progress to an Apple, Google, or other supported third-party account, which lets your progress carry over if you switch devices. If you do, that linked account becomes part of your identity for purposes of these Terms, and you are responsible for maintaining its security and for all activity that occurs through it. You agree to notify us promptly of any unauthorized use. You can delete your account from the game's Settings at any time. Deleting it permanently deletes your saved game, including any Virtual Items, and cannot be undone.

4. Virtual currency and in-app purchases

The Services may include virtual currency and virtual in-game items (collectively, "Virtual Items") that can be earned through gameplay or purchased with real money through the applicable app store.

• Virtual Items have no real-world monetary value, are not redeemable for real currency, and are not transferable between accounts, devices, or players.
• Purchasing or earning a Virtual Item grants you a limited, personal, non-transferable, revocable license to use it within the Services — you do not own it.
• All purchases are final, except as required by applicable law or the policies of the app store through which the purchase was made (Apple App Store or Google Play). Refund requests must be directed to the app store, which is the merchant of record for the transaction — Pocket Bear does not process payments or issue refunds directly.
• For residents of the EU/EEA and UK, nothing in this section limits your statutory right of withdrawal or any statutory warranty claim that applies to digital content under the law of your country of residence — those rights are unaffected by the "final" language above.
• We may adjust the availability, pricing, or earn rate of any Virtual Item at any time, including as part of ordinary game balancing, and may retire an Item or feature. Where a change goes beyond what's needed to keep a Virtual Item working as intended, we won't charge you extra for it, and where required by law we'll tell you about it clearly before it takes effect.
• If we stop operating the Services or a game, we will give you at least 30 days' notice in the game, and stop selling Virtual Items for real money when that notice goes out. Virtual Items you hold when it closes end with it and have no cash value; this does not affect any refund the law or the app store requires.
• Auto-renewing subscriptions, if and when offered, will state their price, duration, and renewal terms at the point of purchase. Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period, through your app store account settings — Pocket Bear cannot cancel a subscription on your behalf. Payment is charged to your app store account at confirmation of purchase and at each renewal.
• Advertising. The Services may include advertising, including rewarded ads that grant an in-game benefit (such as a Virtual Item) in exchange for watching. Where ads are shown, they may be provided by third-party ad networks whose own privacy practices and terms apply to that interaction — see our Privacy Policy for how we handle any data involved.

5. Acceptable use

You agree not to:

• violate any applicable law or regulation;
• attempt to cheat, exploit a bug, or manipulate game state, currency, or progression outside of normal gameplay;
• impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• upload, transmit, or introduce any virus, malware, or other harmful code through the Services;
• harass, abuse, or harm another person through any feature of the Services; or
• assist or encourage anyone else in doing any of the above.

We may suspend or terminate your access to the Services, including any accumulated Virtual Items, if we reasonably believe you have violated these Terms.

6. Third-party app stores

If you obtained the app from the Apple App Store or Google Play, your use is additionally subject to that platform's own terms, and you must also comply with any third-party terms that apply when you use the app (for example, your mobile carrier's). These Terms are an agreement between you and Pocket Bear only, and not with Apple Inc. or Google LLC.

• Your license in Section 2 is limited to Apple-branded products you own or control, as permitted by the App Store's Usage Rules, when you obtained the app from Apple.
• Apple and Google have no obligation to provide maintenance or support for the Services.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, of the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
• Pocket Bear, not Apple or Google, is solely responsible for the Services and their content, and for addressing any claim relating to them, including product liability claims, claims that the Services fail to conform to any legal or regulatory requirement, and claims arising from consumer protection, privacy or similar legislation.
• Pocket Bear, not Apple or Google, is solely responsible for investigating, defending, settling and discharging any claim that the app or your use of it infringes a third party's intellectual property rights.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce them against you.

Questions, complaints or claims about the app go to Pocket Bear at the contact in Section 18.

7. Ownership

Pocket Bear (or its licensors) owns all right, title, and interest in the Services, including all software, art, text, audio, and other content, and all associated trademarks and logos. Except for the limited license in Section 2, nothing in these Terms transfers any ownership or intellectual property right to you.

8. Privacy

Our Privacy Policy describes what information we collect and how we use it, and is incorporated into these Terms by reference. By using the Services, you agree to the practices described there.

9. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POCKET BEAR AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, REVENUE, OR PROFITS, ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) 100 USD.

Nothing in this section limits any right that cannot be limited or waived under the law of your country of residence — including consumer-protection rights under EU, UK, or Philippine law that apply regardless of this section.

11. Indemnification

You agree to indemnify and hold Pocket Bear harmless from any claim, loss, or expense (including reasonable attorneys' fees) arising from your violation of these Terms or your misuse of the Services.

12. Dispute resolution; arbitration agreement

Please read this section carefully — it affects your legal rights.

Talk to us first. Before starting any formal proceeding, you agree to email hello@pocketbeargames.com describing the problem and what you want, and to give us 60 days to resolve it informally. We will do the same before bringing a claim against you. Time limits for bringing a claim pause during those 60 days.

Arbitration. If we cannot resolve it, you and Pocket Bear agree to resolve any dispute arising from these Terms or the Services through binding, individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration may take place by video or phone, or in the county where you live. The Federal Arbitration Act governs this section. You and Pocket Bear each waive the right to a jury trial and to bring or take part in a class action, class arbitration or other representative proceeding.

What stays out of arbitration. Either party may bring an individual claim in small claims court instead. Either party may go to court over the misuse of its intellectual property. And nothing here stops you from asking a court for public injunctive relief where the law gives you that right.

Many similar claims. If 25 or more claims raising similar issues are filed by or with the help of the same lawyers or organization, they will be handled in batches of no more than 10 claims each, with one batch resolved before the next begins, unless both sides agree otherwise. Time limits for the claims waiting their turn are paused.

Opting out. You may opt out of this arbitration agreement by emailing hello@pocketbeargames.com with your name and your player ID (shown in the email that Settings → Support opens) within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

Where this section does not apply. This arbitration agreement does not apply where mandatory consumer-protection law in your country of residence (including EU, UK, or Philippine law) requires disputes to be resolved by a court or a different mechanism, in which case that law governs instead.

13. Governing law

These Terms are governed by the laws of the State of Washington, USA, without regard to conflict-of-law principles, except where mandatory law of your country of residence requires otherwise. Subject to Section 12, the state and federal courts located in King County, Washington have exclusive jurisdiction over any dispute not subject to arbitration.

14. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will notify you in-app or by posting the updated Terms with a new "Last updated" date. Continuing to use the Services after a change takes effect means you accept the revised Terms. If you live in the EU, EEA or UK, a material change takes effect no sooner than 30 days after we notify you, and you may stop using the Services before then.

15. General

If any provision of these Terms is found unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver of it. We may assign these Terms in connection with a merger, acquisition, or sale of assets. These Terms are the entire agreement between you and Pocket Bear regarding the Services, superseding any prior agreement on the same subject.

16. Health and safety

A small number of people may experience seizures or other symptoms when exposed to flashing lights or patterns, including in video games. If you or anyone in your family has a history of epilepsy or seizures, consult a doctor before playing, and stop playing immediately if you feel unwell.

17. Notice to California residents

Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

18. Contact

Questions, complaints or claims about these Terms or the app: hello@pocketbeargames.com, or by post at Pocket Bear Games LLC, 522 W Riverside Ave, Ste N, Spokane, WA 99201, USA.