Terms of Use

Effective Date: February 2, 2022

Last Updated: June 21, 2025

TERMS OF USE

1. INTRODUCTION

Welcome to Aquila Interactive! Our Services are operated by Aquila Interactive Limited. ("Aquila Interactive," "we", "our", or "us"). The Services include the website at https://aquilainteractive.io (our "Website") and our games, online forums, interactive features, mobile applications, and technology platforms (collectively, the "Service" or "Services").

These Terms of Use (the "Terms" or "Agreement") form a binding legal agreement between you and Aquila Interactive governing your use of our Services. Please read these Terms carefully before accessing or using the Service. By signing up, or otherwise using the Website and its Services, you are accepting all of the terms of this Agreement. If you do not agree to these terms, do not use this Website. Your continued use of the Website following the posting of changes to these terms will mean you accept those changes.

From time to time, we may change these Terms. Aquila Interactive will post any modifications to these Terms on this page. If Aquila Interactive makes material changes to these terms, we may attempt to notify you via email (if you have provided an email address) or by another notification method such as a message on the website.

2. ELIGIBILITY

The Service is not targeted towards, nor intended for use by, anyone under the age of 16 years old. By using the Service, you represent and warrant that you: (a) are at least 16 years of age, (b) have not been previously suspended or removed from the Service, and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these terms on your behalf represents and warrants that they have authority to bind you to these terms and you agree to be bound by these terms.

3. USER ACCOUNTS

In order to use certain features of the Service, you will have to create a user account (your "User Account"). When creating your account, you must provide accurate and complete information and must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. You must notify Aquila Interactive of any breach of security or unauthorized use of your User Account. Aquila Interactive will not be liable for any losses caused by any unauthorized use of your User Account.

You may control your User Account and how you interact with the Service by changing the settings on the settings page of the Service. By providing Aquila Interactive your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service. If you do not want to receive such messages, you may opt out by setting your email preferences accordingly or emailing us. Opting out may prevent you from receiving email messages regarding updates or improvements. By providing us with your telephone number, you consent to our using your telephone number to send you Service-related text messages or voicemails, including announcements about the availability of our games.

Aquila Interactive may permanently or temporarily terminate or suspend your User Account or access to the Service at our sole discretion, for any reason without notice, including if in our sole determination you violate any provision of these terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these terms. You may terminate your User Account by written notice to us.

4. USER CONTENT AND RESPONSIBILITY

Some areas of the Service may allow Users to post content, including feedback, comments, questions, and other information on the Service ("User Content"). You are solely responsible for any text, files, images, photos, video, sounds, musical works, works of authorship, comments, information or any other materials that you post, upload, publish, submit or transmit to be made available through the Service ("User Content"), including content posted to any forum on the Service.

Aquila Interactive reserves the right to decide whether User Content is appropriate and complies with these terms. We may remove such User Content and/or terminate a User's access for uploading material to the Service that violates these terms at any time, without prior notice and at our sole discretion, including if the material posted violates these Terms, or negatively affects the experience of other users.

To the extent you submit any materials or content to Aquila Interactive, you agree to release and hold harmless Aquila Interactive, our directors, officers, employees, and agents, from and against all claims and damages related to such submission.

You are solely responsible for your behavior when using the Service. You agree to indemnify and hold Aquila Interactive and its directors, officers, and employees harmless from and against all claims, losses, damages, costs, and expenses (including attorney's fees) arising from your conduct and from your violation of these Terms or your violation of any rights of another person. The indemnification obligation set forth in this section shall survive termination of these Terms.

5. LICENSE AND RESTRICTIONS

Subject to the terms and conditions of these Terms, Aquila Interactive hereby grants you a limited, non-exclusive, non-transferable, freely revocable, license, without the right to sublicense, to use the Service solely for your personal or internal business purposes (as applicable) during the Term. Aquila Interactive reserves all rights not expressly granted herein to the Service and the Aquila Interactive Content (as defined below). You acknowledge and agree that Aquila Interactive may terminate this license at any time for any reason.

You may not do any of the following while accessing or using the Service:

• access, tamper with, or use non-public areas of the Service, Aquila Interactive's computer systems, or the technical delivery systems of Aquila Interactive providers;
• probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
• access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Aquila Interactive (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Aquila Interactive;
• interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
• collect, compile, use, or store any user data (whether manually or through the use of any software, tool, or algorithm) other than through our published interfaces and in accordance with these terms and any applicable Additional Terms.
• impersonate or misrepresent your affiliation with any person or entity;
• use the Service for the benefit of any third party or in any manner not permitted by these Terms;
• violate any applicable law or regulation in connection with your access to or use of the Service; or
• use the Service in any manner that damages, disables, overburdens, or impairs any of Aquila Interactive's websites or interferes with any other party's use of the Service.

Aquila Interactive will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security-related issues, to the fullest extent of the law. Aquila Interactive may involve and cooperate with law enforcement authorities in prosecuting Users who violate these terms. You acknowledge that Aquila Interactive has no obligation to monitor your access to or use of the Service or to review or edit any User Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

6. RULES OF CONDUCT

By using this Service, you represent and warrant that you will not submit or post any content that:

• may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
• may create a risk of any other loss or damage to any person or property;
• seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• may constitute or contribute to a crime or tort;
• contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
• contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
• contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• contains any information or content that you know is not correct and current.

7. PRICING

Any and all fees and charges applicable to your use of our games and Services (including for downloading and/or accessing games and related content or items, membership or subscription fees, or fees to access premium features) are payable in advance in U.S. dollars (or such other currency as we may determine from time-to-time) and are non-refundable, except as required by applicable law or as set forth in the Refund Policy below. Such fees may be established by us, our platform partners, or other authorized third parties.

We reserve the right to change any and all fees and charges for our games and Services at any time. In the event that we determine that features currently offered for free will be charged a fee in the future, we will provide advance notice and information on how to access such features. Unless otherwise stated, all prices are shown in U.S. dollars.

8. PAYMENT AND REFUND POLICY

All fees and applicable taxes, if any, are payable in United States currency, unless otherwise stated. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you or anyone who uses your account (the "Transaction Fees"). We may suspend or cancel your access to the Service if we do not receive full payment from you. You may subscribe by paying the subscription fee in advance on a monthly or yearly basis, or some other recurring interval we disclose to you prior to your purchase. For information about our platform partners' payment terms and conditions, please review the applicable terms and conditions for such platform partners.

Products may be sold and resold by authorized resellers. We are not responsible for the sale of products by unauthorized third-party resellers and we have no obligation to honor sales by unauthorized third-party resellers. All sales are final. Our platform partners and authorized resellers may have their own refund policies. Please refer to such policies for more information. You may be entitled to a refund pursuant to the Consumer Guarantee Laws in your applicable jurisdiction.

9. PAYMENTS AND BILLING

We use third-party payment processors to assist us in processing your payment information securely. The use of your personal information by the third-party payment processors is governed by their respective privacy policies. Aquila Interactive disclaims liability for any loss or damage from errors in the billing, payment, or refund processes. We may store information about your payment method and share that information with our payment processors.

10. AUTOMATIC RENEWAL

If you register to access certain features of our games and/or Services, you may be charged a monthly or yearly subscription fee. Your subscription will be billed and charged on an automatic, recurring basis based on the subscription type you choose. Subscriptions will renew until you cancel them. If you wish to change or terminate your subscription, please do so through your account settings through the platform you used to purchase your subscription. If you cancel your subscription, you will retain access to paid features until the end of the current billing cycle. If you use a subscription purchased through a third-party platform partner, please visit such platform for account management options.

We reserve the right to change our subscription plans or pricing or to discontinue features or the Service at any time. If we increase the fees for the subscription plan to which you have subscribed, we will notify you at least 30 days before they go into effect and give you the option to cancel your subscription. Any price changes or changes to your subscription plan will take effect following notice to you (or the renewal of your existing subscription).

11. FREE TRIAL

From time to time, we may offer (directly or through a platform partner or other authorized third party) free trials of certain subscription plans (a "Free Trial"), when available. Such Free Trials allow you to experience the Service before you make a purchase, subject to these Terms.

Unless otherwise stated, Free Trials are only available for first-time subscribers and are limited to one per person. If you have previously had a subscription for the Service, or a Free Trial for such subscription (regardless of whether you completed the Free Trial or terminated your account during the Free Trial), you may not be eligible for future Free Trials.

If you register for a Free Trial, your subscription begins as of the date you register for the Free Trial. Unless you cancel your Free Trial before it ends (or we end it early), or unless we expressly state otherwise, your Free Trial will be automatically converted to a paid subscription and the payment method you provided will automatically be charged the then-current and applicable fee for the subscription without any additional action by you. You may cancel your Free Trial at any time in your account settings.

12. VIRTUAL ITEMS AND CURRENCIES

Virtual items and virtual currency cannot be sold or otherwise transferred to anyone. Virtual items and virtual currency may not have any particular utility, function, or value and they have no value outside of our products and Services. Purchases and redemptions of virtual items and virtual currency are non-refundable. Virtual items and virtual currency may be modified, substituted, terminated, or deleted at any time without notice. The balance and history of virtual items and virtual currency as shown in our games or Services is final. We may limit the number of virtual items and/or virtual currency that may be purchased, earned, redeemed, or otherwise generated in a given timeframe or at a single time, and/or we may set an overall limit to the number of virtual items or virtual currency you may have in your account at any time. You have no property rights in any virtual items or virtual currency.

13. LICENSE TO USER CONTENT

Unless you have agreed in writing otherwise, by submitting, posting, or displaying any User Content on or through the Service, you grant Aquila Interactive an irrevocable, perpetual, world-wide, royalty-free, sublicensable (through multiple tiers), and non-exclusive license to use, copy, reproduce, process, adapt, modify, aggregate, publish, transmit, display, and distribute such User Content in any and all media or distribution methods now known or later developed.

By submitting, posting or displaying any User Content, you authorize other users to access and view your User Content. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Content that you submit, post, or display on or through the Service. You agree that such User Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Aquila Interactive the license described above.

Aquila Interactive reserves the right to add, remove or modify any feature, functionality, capability or the Service at any time.

14. OUR PROPRIETARY RIGHTS

All rights not expressly granted to you in this Agreement are reserved by Aquila Interactive. The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Aquila Interactive, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. ("Aquila Interactive Content").

Subject to these Terms, Aquila Interactive hereby grants to you, during the term of these Terms and solely for use as a feature of the Service, a nonexclusive, nontransferable, non-sublicensable, revocable right to display the Aquila Interactive Content (including any screen displays or graphic, audio, video or text files made available through the Service) solely in connection with your use of the Service.

The Aquila Interactive name, the terms, logos, and all related names, logos, product and service names, designs and slogans are trademarks of Aquila Interactive or its affiliates or licensors. You must not use such marks without the prior written permission of Aquila Interactive. All other names, logos, product and service names, designs and slogans on the Service are the trademarks of their respective owners.

15. SOFTWARE

You may be required to install software provided by Aquila Interactive and/or platform partners in order to access certain features of the Service and games. Such software may update automatically on your device once a new version or feature is available. Some platforms may let you adjust your automatic update settings; however, you agree to promptly install any updates necessary to enjoy the full range of our software and/or games. We grant you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the software solely for the purpose of using the Service, subject to these Terms.

You may not:

• copy, modify, or distribute the software;
• sell, transfer, assign, or sublicense the software or any of your rights to use the software;
• make the software available over any network where it could be downloaded or used by multiple devices at the same time;
• use the software for any purpose that is illegal or prohibited by these Terms;
• use the software for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for any product, service, or software offered by Aquila Interactive;
• use the software to send automated queries to any website or to send any unsolicited commercial e-mail or other communication;
• copy, decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any component of the software is compiled or interpreted, except to the extent expressly permitted by applicable law;
• interfere, circumvent, disable or otherwise undermine security-related features of the software, features that prevent or restrict use or copying of any content, or features that enforce limitations on use of the software.

16. THIRD-PARTY LINKS

The Service may contain links to third-party websites that we do not own or control, including third-party vendors and service providers. Aquila Interactive has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. YOU ACKNOWLEDGE AND AGREE THAT AQUILA INTERACTIVE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES. WE STRONGLY ADVISE YOU TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.

17. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the Service;
• Information reasonably sufficient to permit Aquila Interactive to contact you, such as your address, telephone number, and, e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following designated agent:

Attn: DMCA
Aquila Interactive
Email: info@aquilainteractive.io

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES. Please note that this procedure is exclusively for notifying Aquila Interactive and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Aquila Interactive's rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

18. DISCLAIMER

THE SERVICE, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. AQUILA INTERACTIVE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. AQUILA INTERACTIVE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. AQUILA INTERACTIVE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service, and we will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

19. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL AQUILA INTERACTIVE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO AQUILA INTERACTIVE IN CONNECTION WITH THE SUBJECT MATTER OF THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

20. GOVERNING LAW

By using the Service, you agree that the laws of the State of California, without regard to its conflict of laws rules, shall govern this Agreement as well as any claim, cause of action or dispute that might arise between you and Aquila Interactive (the "Claim"), except to the extent governed by federal law.

21. DISPUTE RESOLUTION

FOR ANY CLAIM (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS LESS THAN $10,000, THE PARTY REQUESTING RELIEF MAY ELECT TO RESOLVE THE DISPUTE THROUGH BINDING NON-APPEARANCE-BASED ARBITRATION. A PARTY ELECTING ARBITRATION SHALL INITIATE IT THROUGH AN ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION ("ADR") PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. THE ADR PROVIDER AND THE PARTIES MUST COMPLY WITH THE FOLLOWING RULES: (I) THE ARBITRATION SHALL BE CONDUCTED BY TELEPHONE, ONLINE, AND/OR BE SOLELY BASED ON WRITTEN SUBMISSIONS, THE SPECIFIC MANNER SHALL BE CHOSEN BY THE PARTY INITIATING THE ARBITRATION; (II) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES; AND (III) ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

22. GENERAL

Entire Agreement: These Terms together with any Additional Terms, and any amendments that may be made from time to time as provided in these Terms and any Additional Terms, and Aquila Interactive's Privacy Notice, constitute the entire agreement between you and Aquila Interactive relating to its subject matter, and cancels and supersedes any prior versions thereof.

No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

Severability: If any provision of these Terms is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms will remain in full force and effect, and, if legally permitted, such offending provision will be replaced with an enforceable provision that, as nearly as possible, effects the parties' intent.

Assignment: You may not assign or transfer these Terms, or any rights or obligations granted hereunder, to any third party, and any such attempt is null and void.

Headings: Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.

Language: The original version of these Terms is written in English. In case of conflicts between the original version of these Terms or any other translated version, the original English version shall prevail.

Other: Our failure to act on or enforce any provision of the Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Service may be publicly accessible. You are solely responsible for user content you submit. You are also responsible for maintaining the confidentiality of any password(s) associated with your participation on or through the Service. You should notify us immediately in case of any unauthorized use of your account.

23. CONTACT INFORMATION

For questions or concerns related to these Terms of Use, please contact us at: info@aquilainteractive.io

For Fata Morgana specific inquiries: contact@fatamorgana.games