The Lost Artefacts App Terms Of Use

❦The Lost Artefacts❦

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

Last Updated  ·  20 April 2026  ·  Effective  ·  20 April 2026

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, 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.

Please read these Terms carefully. They contain important information about your rights and obligations, including limitations on our liability and how disputes are resolved.

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.

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4. Your account

Creating an account is optional and enables your gameplay progress to be synchronised across your devices. When you register an account, you agree to:

  • ◆provide accurate and current information (including a valid email address);
  • ◆choose a username between 3 and 16 characters consisting only of letters, numbers and underscores;
  • ◆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.

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.

4.1 Guest play

You may play the App without creating an account. In guest mode, your progress is stored only on your device. If you uninstall the App, reset your device, or transition 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;
  • ◆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 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”, 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 a virtual in-game currency called Titum, as well as virtual items such as characters, battle cards, moves and pack openings (together, “Virtual Items”). You may earn Virtual Items through gameplay or acquire them using Titum purchased through in-app purchases.

Titum and all Virtual Items have no monetary value. They are not your property, cannot be redeemed for real money or goods of monetary value, and cannot be transferred or sold outside of the App.

When you purchase or acquire Titum 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;
  • ◆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 below.

Where a character pack, move pack or bundle pack offers randomised contents within a stated rarity tier, the probability of each outcome is disclosed within the App or otherwise in a reasonably accessible manner. We encourage Players to consider these probabilities 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 Refunds

All refund requests for in-app purchases must be directed to Apple. We cannot issue refunds for purchases made through the App Store.

Once Titum 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.

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

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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;
  • ◆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, or gain unfair advantages;
  • ◆manipulate, falsify or otherwise tamper with your device’s clock or the App’s time-based mechanics (including mission timers) 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, forfeiture of progress and Virtual Items, and loss of access to the App, without refund.

11. Online features

The App includes features that are provided locally on your device (such as story mode, missions, Energy Mining and War Defence) as well as planned online features (such as Battle a Friend, Wager and Ranked Arena) which may become available in future updates.

Online features require an active internet connection and may be subject to additional rules, limitations and eligibility requirements displayed within the App. We do not guarantee uninterrupted availability of online features and may throttle, modify, suspend or discontinue them at any time, with or without notice, for operational, security, legal or commercial reasons.

12. 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 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.

13. Suspension and termination

13.1 Termination by you

You may stop using the App and terminate your account at any time by uninstalling the App and requesting deletion of your account at thelostartefacts@gmail.com. Once your account is deleted, your progress and Virtual Items cannot be recovered.

13.2 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;
  • ◆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).

Upon termination, your licence to use the App ends immediately, and any unused Virtual Items or Titum 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.

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14. Disclaimer of warranties

To the maximum extent permitted by law, and subject to section 15 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;
  • ◆defects in the App will be corrected within any particular timeframe; or
  • ◆the App will meet your specific requirements or expectations.

15. Your rights under the Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer right or guarantee that cannot lawfully be excluded under the Australian Consumer Law (ACL) or any other applicable consumer protection 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.

16. Limitation of liability

Subject to section 15 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 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.

17. 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.

18. Third-party services

The App relies on third-party services, including:

  • ◆Apple Inc. — for App Store distribution and in-app purchase processing; and
  • ◆Google LLC (Firebase) — for authentication and cross-device progress synchronisation.

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.

19. 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.

20. 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. By using the App you consent to the collection, use and disclosure of your personal information as described in the Privacy Policy.

21. 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.

22. 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.

23. 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.

24. Contact us

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

━━━Bound by the laws of New South Wales, Australia━━━

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