TERMS OF SERVICE

Effective Date: 08.03. 2025

The terms of this agreement ("Terms of Service") govern the relationship between you and mountain game tester regarding your use of mountain game tester's games, websites, and related services (the "Service"). Use of the Service is also governed by the mountain game tester PRIVACY POLICY and other relevant policies, which are incorporated herein by reference.

Before accessing or using the Service, including browsing any mountain game tester website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an "Account"). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site ("SNS"), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

mountain game tester reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy, and other relevant policies at any time by posting the amended terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Privacy Policy, or any other policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

1. License

1.1. Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant policies, mountain game tester grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Service:

• You shall not create an Account or access the Service if you are under the age of 13; you shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument by minors.

• You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; you shall not use the Service if you have previously been removed or banned from using any mountain game tester game.

• You shall use your Account only for non-commercial purposes; you shall not use the Service to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk or spam email, or repetitive or misleading messages to anyone.

Login Information and Your Account:
You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify mountain game tester and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information and will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

mountain game tester reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.

The Service supports only one Account per game on a supported device.

License Limitations:
Any use of the Service in violation of these License Limitations is strictly prohibited, may result in the immediate revocation of your limited license, and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

• Engage in any act that mountain game tester deems to be in conflict with the spirit or intent of the Service or make improper use of mountain game tester's support services.

• Use or take part (directly or indirectly) in cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Service, any mountain game tester game, or the game experience.

• Modify or cause to be modified any files that are part of the Service or any mountain game tester game without mountain game tester's express written consent. Disrupt, interfere with, or otherwise adversely affect the normal flow of the Service or negatively affect other users' experience when using the Service or playing mountain game tester games. This includes win trading and any manipulation of rankings or taking advantage of errors in the Service.

• Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any mountain game tester game environment.

• Institute, assist, or become involved in any type of attack, including (but not limited to) distributing a virus, denial-of-service attacks, or other attempts to disrupt the Service or another person's use or enjoyment of the Service.

• Attempt to gain unauthorized access to the Service, Accounts registered to others, or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by mountain game tester.

• Post any information that is abusive, threatening, obscene, defamatory, libelous, or otherwise objectionable or offensive, or engage in ongoing toxic behavior.

• Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.

• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group, including mountain game tester employees or customer service representatives.

• Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other rights, or that impersonates any person.

• Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or intellectual property used to provide the Service or any mountain game tester game, or obtain any information from the Service using any method not expressly permitted.

• Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users.

• Collect or post anyone's private information, including personally identifiable information, identification documents, or financial information through the Service.

mountain game tester reserves the right to determine what conduct it considers a violation of these Terms of Service or outside their spirit, and reserves the right to take action including terminating your Account and prohibiting you from using the Service.

1.2. Suspension and Termination of Account and Service

Without limiting any other remedies, mountain game tester may limit, suspend, terminate, modify, or delete Accounts or access to the Service (or portions thereof) if you are, or are suspected of, failing to comply with these Terms of Service or engaging in any illegal or improper use of the Service, with or without notice. You may lose your username and any associated benefits, and mountain game tester is under no obligation to compensate you for any such losses.

mountain game tester also reserves the right to stop offering or supporting the Service or any part thereof at any time, at which point your license to use the Service will automatically terminate. In such an event, mountain game tester shall not be required to provide refunds, benefits, or other compensation.

2. Ownership

2.1. Games and Service

All rights, title, and interest in and to the Service (including, without limitation, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, documentation, in-game chat transcripts, character profile information, recordings of games played using a mountain game tester game client, and the game clients and server software) are owned by mountain game tester. mountain game tester reserves all rights, including all intellectual property rights or other proprietary rights in connection with its games and the Service.

2.2. Accounts

Notwithstanding any other provision, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and that all rights in and to the Account shall forever belong exclusively to mountain game tester.

2.3. Virtual Items

mountain game tester owns, has licensed, or otherwise has rights to all content that appears in the Service or in mountain game tester games. You agree that you have no right or title to any content in the Service, including virtual goods or currency in any mountain game tester game, whether earned or purchased, or any other attributes associated with an Account.

3. User Content

3.1. Submission of User Content

"User Content" means any communications, images, sounds, and all other material, data, and information that you upload or transmit through a mountain game tester game client or the Service, or that other users upload or transmit, including chat text. By transmitting or submitting any User Content while using the Service, you represent and warrant that such content is:
(a) accurate and not confidential or misleading;
(b) not in violation of any laws, contractual restrictions, or third-party rights, and that you have permission from any third party whose information is included;
(c) free of viruses, adware, spyware, worms, or other malicious code; and
(d) processed by mountain game tester in accordance with its Privacy Policy.

3.1.1. Content Screening

mountain game tester assumes no responsibility for the conduct of any user submitting User Content and does not pre-screen or monitor all User Content. Your use of the Service is at your own risk. You may be exposed to content that is offensive or indecent, and you bear all risks associated with such content. mountain game tester may, at its discretion, monitor or record your interactions with the Service.

By using the Service, you provide your irrevocable consent to such monitoring. You further acknowledge that you have no expectation of privacy regarding the transmission of any User Content.

mountain game tester reserves the right, at its sole discretion, to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any User Content (including your own) without notice at any time. However, mountain game tester is not obligated to modify or remove any User Content.

3.2. Information Use by Other Members of the Service

3.2.1. Public Discourse:
The Service may include forums, blogs, and chat features where you can post User Content, including observations and comments. mountain game tester cannot guarantee that other members will not use the ideas and information that you share. If you wish to keep any information confidential, do not post it on the Service.

3.2.2. Responsibility for Your Own Content:
You are solely responsible for the information you post on, through, or in connection with the Service. mountain game tester may reject, refuse to post, or delete any User Content at its discretion.

3.2.3. Your License to mountain game tester:
You hereby grant mountain game tester an irrevocable, perpetual, transferable, royalty-free, worldwide license (including the right to sublicense and assign to third parties) to copy, reproduce, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, transfer, lease, transmit, publicly display, publicly perform, and otherwise use your User Content and any derivative works thereof in connection with providing the Service, including for marketing and promotional purposes. You further grant mountain game tester the right to use your name, likeness, and any other information included in your User Content without any obligation to you. Except as prohibited by law, you waive any rights of attribution and any moral rights in your User Content. mountain game tester does not claim any ownership in your User Content and has no obligation to monitor or enforce your intellectual property rights.

3.3. User Interactions

You are solely responsible for your interactions with other users of the Service and any disputes that may arise. mountain game tester reserves the right, but is not obligated, to become involved in any such disputes. You agree to cooperate with mountain game tester in investigating any suspected unlawful, fraudulent, or improper activity, including by providing access to any password-protected portions of your Account.

If you have a dispute with another user, you release mountain game tester and its officers, directors, agents, and employees from any claims, demands, and damages arising from such disputes.

4. Fees and Purchase Terms

4.1. Purchases

Within the Service, you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license (using real-world money) to use:
(a) "virtual currency" (such as virtual cash or diamonds) for use in mountain game tester games;
(b) "virtual in-game items" (together with virtual currency, "Virtual Items"); and
(c) other goods or services ("Merchandise").

You are only allowed to purchase Virtual Items from mountain game tester or its authorized partners through the Service.

mountain game tester may manage, regulate, control, modify, or eliminate Virtual Items and/or Merchandise at any time, with or without notice, and shall have no liability if such changes occur.

The transfer of Virtual Items and Merchandise is prohibited unless expressly authorized in the Service. You shall not sell, purchase, redeem, or otherwise transfer Virtual Items or Merchandise to any third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for use in mountain game tester games commences immediately upon acceptance of your purchase.

4.2. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. mountain game tester may revise the pricing for goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT mountain game tester IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER VOLUNTARILY OR OTHERWISE.

5. Updates to the Service

You understand that the Service is evolving. mountain game tester may require that you accept updates to the Service and its games installed on your device or computer. You acknowledge that mountain game tester may update the Service and its games with or without notice, and that you may need to update third-party software periodically to access the Service.

6. Disclaimer of Warranties

WITHOUT LIMITING mountain game tester'S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. mountain game tester DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT YOUR CONVENIENCE, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you.

7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, mountain game tester SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF mountain game tester HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, mountain game tester'S AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO mountain game tester IN THE SIX (6) MONTHS PRECEDING THE FIRST CLAIM. IF YOU HAVE NOT PAID ANYTHING TO mountain game tester DURING THAT PERIOD, YOUR SOLE REMEDY IS TO STOP USING THE SERVICE AND CANCEL YOUR ACCOUNT.

NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.

You agree to indemnify, defend, and hold harmless mountain game tester and its officers, directors, agents, and employees from any claims, damages, or losses (including reasonable attorneys' fees) arising from your use of the Service or any breach of these Terms of Service, except where such infringement is not attributable to your intentional or negligent behavior.

8. Dispute Resolution and Governing Law

If a dispute arises between you and mountain game tester, we strongly encourage you to first contact us directly to seek a resolution. These Terms of Service shall be governed by and construed in accordance with applicable law, without reference to any specific jurisdiction. Any dispute or claim arising out of or relating to these Terms or the Service shall be resolved exclusively in a court having jurisdiction over the matter.

9. Severability

If any provision of these Terms of Service or the Privacy Policy is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from these Terms and shall not affect the validity or enforceability of the remaining provisions.

10. General Provisions

10.1. Assignment

mountain game tester may assign or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms without prior written consent from mountain game tester; any unauthorized assignment shall be ineffective.

10.2. Supplemental Policies

mountain game tester may publish additional policies related to specific services (such as forums, contests, or loyalty programs). Your right to use those services is subject to those specific policies and these Terms of Service.

10.3. Entire Agreement

These Terms of Service, any supplemental policies, and any documents expressly incorporated by reference (including the Privacy Policy) constitute the entire agreement between you and mountain game tester regarding the Service and supersede all prior agreements or understandings, whether written or oral.

10.4. No Waiver

The failure of mountain game tester to enforce any provision of these Terms of Service or the Privacy Policy shall not constitute a waiver of its right to do so in the future. Any express waiver by mountain game tester shall not affect any future obligations.

Except as expressly set forth herein, no representations, statements, consents, waivers, or other acts or omissions by mountain game tester shall modify these Terms of Service unless documented in writing and signed by both you and an authorized representative of mountain game tester.

10.5. Notices

All notices, communications, or other information provided under these Terms of Service shall be in writing. mountain game tester may notify you via postings on its main website or via email. For all correspondence, please contact: mountaingametesters@gmail.com

10.6. Equitable Remedies

You acknowledge that the rights and obligations set forth in these Terms are unique and that any breach may cause irreparable harm to mountain game tester, which may not be adequately compensated by monetary damages. In the event of any breach or anticipated breach, mountain game tester shall be entitled to seek injunctive or other equitable relief, without the necessity of posting a bond or proving damages.

You hereby waive any rights to seek injunctive or other equitable relief against mountain game tester and agree that your exclusive remedy for any dispute shall be limited to monetary damages as specified in Section 7 (if any).

10.7. Force Majeure

mountain game tester shall not be liable for any delay or failure to perform its obligations under these Terms of Service due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of governmental authorities, fire, floods, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials.