The Lost Artefacts App Terms Of Use

The accord between Player and Publisher, entered into in good faith.

1. Acceptance of these Terms

These Terms of Use (“Terms”) form a binding agreement between you (“you” or “Player”) and Johnathon Nicolaou (“we”, “us” or “Publisher”) governing your access to and use of the mobile application The Lost Artefacts (the “App”), including all content, features, in-game currency, characters, battle cards, equipment, online features and related services.

By downloading, installing, accessing or using the App — whether through a registered account or in guest mode — you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not download, install or use the App.

2. Who we are

The App is published by:

• ◆Name: Johnathon Nicolaou (operating as a sole trader)
• ◆Jurisdiction: New South Wales, Australia
• ◆Contact email: thelostartefacts@gmail.com

3. Eligibility and minors

By using the App you represent and warrant that:

• ◆you are at least 13 years of age, or the minimum age required in your country to consent to the processing of personal data and to enter into a binding contract;
• ◆if you are under 18 (or the age of majority in your jurisdiction), you have obtained the consent of your parent or legal guardian, who has read and accepted these Terms on your behalf;
• ◆you have the legal capacity to enter into these Terms; and
• ◆you are not located in a country subject to a trade embargo enforced by the Australian Government, the United States, the United Kingdom or the European Union, and you are not on any sanctions or prohibited parties list.

Parents and guardians are responsible for supervising their children’s use of the App, including any in-app purchases made on their devices and any participation in the online features described in section 11.

4. Your account

Creating an account is optional, and enables your gameplay progress to be synchronised across your devices and gives you access to the online features described in section 11. When you register an account, you agree to:

• ◆provide accurate and current information (including a valid email address);
• ◆choose a username of between 3 and 16 characters;
• ◆keep your password confidential and not share your account with any other person;
• ◆be responsible for all activity that occurs under your account; and
• ◆notify us immediately at thelostartefacts@gmail.com if you suspect any unauthorised use of your account.

4.1 Your username is public

Usernames are unique and reserved on a first-come basis. Your username is shown to other Players when you take part in any online feature — on leaderboards, in match-ups and to the opponents you face. Please do not use your real name, your email address or any other personal detail as your username. Our Privacy Policy explains exactly what other Players can see.

We reserve the right to reject, reclaim or require you to change a username that, in our reasonable opinion, is offensive, impersonates another person, violates intellectual property rights, or otherwise breaches these Terms.

4.2 Guest play

You may play the App without creating an account. In guest mode, your progress is stored only on your device, and the online features in section 11 and the referral programme in section 12 are unavailable to you. If you uninstall the App, reset your device, or move to a different device without first signing in, your guest-mode progress may be lost and cannot be recovered by us.

5. Licence to use the App

Subject to your continuing compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download the App onto an iOS device that you own or control, and to use the App for your own personal, non-commercial entertainment.

This licence does not constitute a sale of the App or of any content within it. All rights not expressly granted are reserved by us and our licensors.

5.1 Restrictions

You must not, and must not attempt to, do any of the following:

• ◆copy, modify, adapt, translate, reverse engineer, decompile or disassemble the App, except to the extent such restriction is prohibited by law;
• ◆distribute, sell, lease, rent, licence, sublicense, broadcast or otherwise make the App available to any third party;
• ◆remove, obscure or alter any copyright, trademark or other proprietary notices;
• ◆use the App on a jailbroken, rooted or otherwise compromised device;
• ◆intercept, replay or tamper with communications between the App and our servers, or with purchase receipts or transaction records;
• ◆use the App in any manner that could damage, disable, overburden or impair our servers or interfere with any other party’s use of the App; or
• ◆use the App in violation of any applicable law or regulation.

6. Intellectual property

The App and all content within it — including but not limited to source code, artwork, illustrations, character designs, battle cards, move and equipment designs, audio, music, animations, user interfaces, layouts, text, names, world lore, trademarks and logos (together, the “Content”) — is owned by us or our licensors and is protected by copyright, trademark and other intellectual property laws in Australia and internationally.

Without limitation, the names “The Lost Artefacts”, “Titum”, “Dark Matter”, all species names (including Ascendant, Phoenine, Sorcerer, Rogue, Hybrid, Ravaged, Nature Spirit, Human, Halfling and Daemon), all character names and associated artwork and lore are the intellectual property of Johnathon Nicolaou.

Nothing in these Terms transfers to you any ownership of the Content. You may not use the Content outside of the App without our prior written permission, except to the limited extent permitted by law (for example, fair dealing for the purpose of criticism or review).

6.1 Feedback

If you send us ideas, suggestions, feedback or proposals regarding the App (“Feedback”), you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use, reproduce, modify and incorporate that Feedback into the App or any other product or service, without any obligation to compensate you or to attribute it to you.

7. Virtual currency and virtual items

The App includes two virtual in-game currencies — Titum and Dark Matter — as well as virtual items such as characters, battle cards, moves, equipment, pass entitlements and pack openings (together, “Virtual Items”). You may earn Virtual Items through gameplay, receive them as rewards, or acquire them with currency obtained through in-app purchases.

When you purchase or acquire currency or any Virtual Item, you receive a limited, personal, non-transferable, revocable licence to use that item within the App. You acknowledge and agree that:

• ◆Virtual Items are not redeemable for real money, goods or any other item of value;
• ◆Virtual Items may not be transferred, traded, sold or gifted outside of the App, including via third-party marketplaces, and may only change hands inside the App where a game feature expressly provides for it;
• ◆we may, in our reasonable discretion, modify the characteristics, availability, pricing or functionality of any Virtual Item — including for game-balance reasons — and do not guarantee that Virtual Items will remain available indefinitely;
• ◆Virtual Items do not accrue interest, cannot be withdrawn, and are not stored in a deposit or investment account; and
• ◆upon termination of your account or the App’s discontinuation, your Virtual Items may be forfeited, subject to your consumer rights described in section 16.

Where a character pack, move pack, equipment pack or bundle offers randomised contents, the odds of each rarity outcome are displayed on the pack within the App before you commit to opening it. Where a pack rolls each item independently, that is stated as well. We encourage Players to read those odds before making a purchase.

8. In-app purchases and refunds

8.1 How purchases work

In-app purchases are processed exclusively by Apple through the App Store using Apple’s StoreKit framework. When you make an in-app purchase:

• ◆the transaction is conducted between you and Apple, subject to Apple’s terms and conditions;
• ◆all prices are displayed in the currency set on your Apple ID and are inclusive of applicable GST or VAT where required;
• ◆we may introduce, remove, re-price or modify any in-app purchase offering at any time, including promotional pricing; and
• ◆you are responsible for verifying that the correct Apple ID is being charged and that you have authority to use that Apple ID for the transaction.

8.2 Passes and one-off bundles

Currency packs, character and equipment packs and passes are consumable purchases: once the currency or items have been credited to your account, the purchase has been delivered and cannot be restored to a different account. Any purchase designated as a one-time bundle is non-consumable and may be restored to the same Apple ID using Restore Purchases in the App’s Settings screen.

8.3 Refunds

Once currency has been credited to your account or a Virtual Item has been delivered, the transaction is generally final. If you believe you are entitled to a refund, you may request one through Apple using the “Report a Problem” feature at reportaproblem.apple.com. Apple’s refund policies apply. Where Apple reverses a transaction, we may remove the corresponding currency or Virtual Items from your account, including where that leaves your balance at zero.

Nothing in this section limits your rights under the Australian Consumer Law or any other non-excludable consumer protection law that applies to you.

9. Rules of conduct

When using the App, you must not:

• ◆use any username, display name or communication that is obscene, threatening, defamatory, discriminatory, sexually explicit, or infringes any third party’s rights;
• ◆impersonate any person or entity, including any of our staff or representatives;
• ◆harass, stalk, bully, intimidate or threaten other Players;
• ◆collect, harvest or store the personal information of other Players, including usernames gathered from leaderboards or match-ups;
• ◆transmit viruses, malware, corrupted data or any other malicious code;
• ◆attempt to gain unauthorised access to any part of the App, our servers, or any user account; or
• ◆engage in any activity that, in our reasonable opinion, diminishes other Players’ enjoyment of the App.

10. Fair play and anti-cheat

We are committed to maintaining a fair competitive environment. You must not:

• ◆use cheats, bots, automation scripts, macros, memory editors, modified clients or any software or hardware that grants an unfair advantage;
• ◆exploit bugs, glitches or unintended game mechanics to obtain Virtual Items, currency or competitive advantages;
• ◆create multiple accounts to circumvent restrictions, manipulate rankings, claim referral rewards more than once, or gain unfair advantages;
• ◆collude with another Player, arrange the outcome of a match, deliberately lose, or otherwise engage in win-trading or stake-shifting in any competitive or Wager mode;
• ◆disconnect, force-quit or otherwise abandon a match to avoid a loss or to deny an opponent a result;
• ◆manipulate, falsify or otherwise tamper with your device’s clock or the App’s time-based mechanics (including mission timers, daily rewards, seasons and competitive weeks) to obtain rewards more quickly; or
• ◆buy, sell, trade or attempt to buy, sell or trade accounts, Virtual Items or currency for real-world money or consideration.

Violations of this section may result in temporary or permanent suspension of your account, reversal or forfeiture of affected rewards, removal from a leaderboard or competitive season, forfeiture of progress and Virtual Items, and loss of access to the App, without refund.

11. Online features

Some features of the App run entirely on your device (such as story mode, missions, Energy Mining and War Defence). Others are online features that require a signed-in account and an active internet connection, and that involve other Players. These currently include Battle a Friend, Wager battles, Battle Season and Ranked Arena.

Online features may be subject to additional rules, limitations and eligibility requirements displayed within the App. We do not guarantee uninterrupted availability and may throttle, modify, suspend or discontinue any online feature at any time, with or without notice, for operational, security, legal or commercial reasons. Taking part means the information described in our Privacy Policy — including your username, the teams you submit and your competitive record — is made visible to other Players.

11.1 Battle a Friend

You may create or enter a battle code to play against a specific person. No currency changes hands in these battles. Anyone who has your battle code can join that battle, so share codes only with people you intend to play.

11.2 Battle Season and Ranked Arena

Competitive modes run in defined seasons or weeks. Entries, rankings, rewards and any card or team restrictions are as described in the App at the time you enter. Seasons and weeks reset, and rankings, points and placements do not carry over unless we say they do. We may correct, adjust or void results, rankings and rewards where they arise from a fault, exploit or breach of section 10.

11.3 Wager battles

In a Wager battle, each Player stakes an equal amount of Titum chosen from the stake tiers offered in the App. The stake is deducted from your balance when the battle begins, and the winner receives the whole pool — that is, twice the stake. By entering a Wager battle you accept that you may lose your entire stake.

In addition:

• ◆a stake, once deducted at the start of a battle, is not refundable, including where you disconnect, quit, close the App or lose connectivity mid-battle;
• ◆we may cancel a Wager battle and return both stakes where a server fault, matchmaking error or comparable technical issue prevents a fair result;
• ◆arranging the outcome of a Wager battle with your opponent, or using a second account to transfer Titum to yourself, breaches section 10 and may cost you the transferred amount and your account; and
• ◆we may change the available stake tiers, limit participation, or withdraw the mode entirely at any time.

If the law of the place where you live restricts staking virtual currency on competitive outcomes, you must not use this feature. Please play within your means and take breaks.

12. Referral programme

The App may offer a referral programme in which an existing Player shares a referral code and both Players receive Titum. The programme is offered at our discretion and on the following terms:

• ◆Who can redeem: a code may be redeemed only by a genuinely new Player, within the window and subject to the progress limits shown in the App. You may not redeem your own code.
• ◆One reward per account and per device: a referral may be redeemed once per account and once per physical device. To enforce the device limit we store an identifier on your device, as explained in our Privacy Policy. That identifier persists after you sign out, delete the App or reinstall it, so a device that has already been used to claim a referral cannot be used to claim another.
• ◆When rewards are paid: both rewards depend on the referred Player reaching the in-game milestone stated in the App. Entering a code alone earns nothing.
• ◆Limits: each code may be redeemed only up to the lifetime cap shown in the App. Reward amounts, the cap and the qualifying milestone are those displayed in the App at the time of redemption, and we may change them for future redemptions.
• ◆No commercial promotion: you must not advertise, sell or exchange referral codes for money or other consideration, post them to code-farming or coupon sites, spam them, or present them in any way that suggests we endorse your promotion.
• ◆Abuse: we may withhold, reverse or void referral rewards, disable a code, and suspend the accounts involved where we reasonably believe the programme has been manipulated — for example through duplicate accounts, self-referral, or evasion of the device limit.
• ◆Records: because these controls only work if they outlast the accounts they police, referral records and the device identifier are retained after an account is deleted. Our Privacy Policy explains what those records contain.

We may modify, suspend or end the referral programme at any time. Ending it does not affect rewards already credited to your account.

13. Updates, availability and changes

We are continually developing and improving the App. We may:

• ◆issue updates, patches and new versions of the App, which may be required for continued use;
• ◆add, remove, modify or rebalance features, characters, cards, moves, equipment and game mechanics for reasons including competitive balance, technical necessity or commercial considerations;
• ◆temporarily suspend access to the App or to specific features for maintenance, security or technical reasons; and
• ◆cease operation of the App, any feature or any online service on reasonable notice where practicable.

We are not liable for any loss of Virtual Items or progress resulting from updates, changes, suspensions or discontinuations undertaken in good faith, except to the extent required by non-excludable consumer protection laws.

14. Suspension and termination

14.1 Termination by you

You may stop using the App at any time by uninstalling it. You may delete your account yourself in the App’s Settings > Account Details screen, or by emailing us at thelostartefacts@gmail.com. Once your account is deleted, your progress, currency and Virtual Items cannot be recovered, and no refund is payable for unused currency or items. As explained in section 12 and in our Privacy Policy, referral records, the device identifier and completed competitive records are retained after deletion.

14.2 Termination or suspension by us

We may suspend or terminate your account and your licence to use the App, immediately and without prior notice, if we reasonably believe that:

• ◆you have breached these Terms;
• ◆your conduct poses a risk to us, to other Players, or to the integrity of the App or its competitive modes;
• ◆we are required to do so by law or by a court, regulatory body or law enforcement authority; or
• ◆your account has been inactive for a prolonged period (not less than 24 months).

Where it is reasonable to do so, we will tell you why and give you an opportunity to respond. Upon termination, your licence to use the App ends immediately, and any unused Virtual Items or currency may be forfeited. Sections of these Terms which by their nature should survive termination — including intellectual property, disclaimers, limitations of liability, indemnity and governing law — will continue to apply.

15. Disclaimer of warranties

To the maximum extent permitted by law, and subject to section 16 below, the App is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory. We do not warrant that:

• ◆the App will be uninterrupted, error-free or free from harmful components;
• ◆online features will be available at any particular time, or that a match will complete without interruption;
• ◆defects in the App will be corrected within any particular timeframe; or
• ◆the App will meet your specific requirements or expectations.

16. Your rights under the Australian Consumer Law

If you are a “consumer” as defined by the ACL, you are entitled to statutory guarantees that services will be provided with due care and skill, will be reasonably fit for any disclosed purpose, and will be provided within a reasonable time. If we fail to comply with any applicable consumer guarantee, your remedies are those provided by law.

To the extent permitted by law, where goods or services supplied under these Terms are not of a kind ordinarily acquired for personal, domestic or household use, our liability for breach of any consumer guarantee is limited, at our option, to (i) re-supplying the services, or (ii) refunding the cost of having the services re-supplied.

17. Limitation of liability

Subject to section 16 and to the extent permitted by law:

• ◆we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including loss of profits, loss of goodwill, loss of data, or loss of Virtual Items, currency, wagered stakes, rankings or progress, even if advised of the possibility of such damages;
• ◆our aggregate liability to you for all claims arising out of or relating to these Terms or your use of the App is limited to the greater of (i) the total amount you have paid to us (through Apple) for in-app purchases in the six (6) months preceding the event giving rise to the claim, or (ii) AUD $100; and
• ◆we are not liable for any loss or damage caused by events outside our reasonable control, including acts of God, internet or network outages, third-party service failures, or acts of government.

18. Indemnity

To the extent permitted by law, you agree to indemnify and hold us harmless from and against any claim, loss, damage, cost or expense (including reasonable legal costs) arising out of or in connection with:

• ◆your breach of these Terms;
• ◆your misuse of the App; or
• ◆your violation of any applicable law or the rights of any third party.

This indemnity will not apply to the extent the claim arises from our own negligent or wilful act or omission.

19. Third-party services

The App relies on third-party services, including:

• ◆Apple Inc. — for App Store distribution, in-app purchase processing and advertising attribution through SKAdNetwork;
• ◆Google LLC (Firebase) — for authentication, cross-device progress synchronisation and the online features in section 11; and
• ◆Meta Platforms, Inc. — for measuring the performance of our advertising, as described in our Privacy Policy. Your device will ask whether you allow tracking; you may decline, or change your choice later in your device settings, and no feature of the game depends on that choice.

Your use of these third-party services is subject to their own terms of service and privacy policies. We are not responsible for the acts, omissions or availability of third-party services, and you use them at your own risk.

20. Apple-specific provisions

The following provisions apply because the App is distributed through the Apple App Store. In the event of any inconsistency between this section and the balance of these Terms, this section prevails solely in relation to your use of the App on an Apple device:

• ◆these Terms are between you and Johnathon Nicolaou only, and not with Apple. Apple is not responsible for the App or its content;
• ◆Apple has no obligation whatsoever to furnish any maintenance or support services for the App;
• ◆in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App’s purchase price (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App;
• ◆we, not Apple, are responsible for addressing any Player claims relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation;
• ◆in the event of any third-party claim that the App or your use of it infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim; and
• ◆Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

21. Privacy

Your privacy is important to us. Our handling of your personal information is described in our Privacy Policy, which forms part of these Terms. It covers, among other things, what other Players can see when you use the online features in section 11, the device identifier used by the referral programme in section 12, and the advertising measurement referred to in section 19.

22. Changes to these Terms

We may update these Terms from time to time to reflect changes to the App, our services, our service providers or the law. When we make material changes, we will update the “Last Updated” date above and, where appropriate, notify you through the App or by email.

Your continued use of the App after the updated Terms take effect constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the App. The changes made in this version are summarised in the notice at the top of this document.

23. Governing law and disputes

These Terms are governed by the laws of the State of New South Wales, Australia, without regard to its conflict of laws principles. You and we each submit to the non-exclusive jurisdiction of the courts of New South Wales and the federal courts of Australia, and any courts competent to hear appeals therefrom, for the resolution of any dispute arising under or in connection with these Terms.

Before commencing any formal legal proceeding, we encourage you to contact us at thelostartefacts@gmail.com to attempt to resolve the matter informally.

Nothing in this section limits your right to bring a claim in the courts of the jurisdiction in which you reside, where required by applicable consumer protection law.

24. General

• ◆Entire agreement: these Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede any prior agreements on the same subject matter.
• ◆Severability: if any provision of these Terms is held to be invalid or unenforceable, that provision will be severed, and the remaining provisions will remain in full force and effect.
• ◆No waiver: our failure to enforce any right or provision of these Terms will not be a waiver of that right or provision.
• ◆Assignment: you may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without your consent, provided your rights are not materially diminished.
• ◆Language: these Terms are drafted in English. If a translation is provided, the English version prevails in the event of any inconsistency.

25. Contact us

If you have any questions about these Terms, please contact us at:

• ◆Johnathon Nicolaou
• ◆Email: thelostartefacts@gmail.com