Terms of Service

Last updated: December 31, 2024

Please read these Terms of Service ("Terms") carefully before using any mobile game or application ("Services") operated by Silver Mountain Technologies ("we," "our," or "us").

1. Acceptance of Terms

By downloading, installing, accessing, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Services.

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms within our Services or on our website. Your continued use of the Services after changes constitutes acceptance of the new Terms.

2. Age Requirements

You must be at least 13 years old to use our Services. If you are between 13 and the age of majority in your jurisdiction (typically 18), you must have your parent or legal guardian's permission to use our Services, and they must agree to these Terms on your behalf.

By using our Services, you represent that you meet these age requirements. We do not knowingly allow children under 13 to use our Services.

3. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use our Services for your personal, non-commercial entertainment purposes.

This license does not give you any ownership rights in our Services. We reserve all rights not expressly granted to you.

4. Restrictions on Use

You agree NOT to:

• Use the Services for any unlawful purpose or in violation of any applicable laws
• Cheat, hack, exploit bugs, or use unauthorized modifications, bots, or third-party software to gain an unfair advantage
• Interfere with, disrupt, or overburden our servers or networks
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services
• Copy, modify, distribute, sell, or lease any part of the Services
• Remove, alter, or obscure any proprietary notices or labels
• Create false identities, impersonate others, or misrepresent your affiliation
• Sell, trade, or transfer your account or any Virtual Items to others for real money or value
• Harass, abuse, threaten, or engage in toxic behavior toward other users
• Collect or harvest personal information about other users
• Use the Services in any manner that could damage, disable, or impair the Services

5. User Accounts

You may be required to create an account or link to a third-party account (such as Facebook, Google, or Apple) to access certain features. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account at any time for violations of these Terms or for any other reason at our sole discretion.

6. Virtual Items and In-App Purchases

Our Services may offer virtual currency, virtual goods, or other virtual items ("Virtual Items") for purchase with real money. You understand and agree that:

• Virtual Items have no real-world monetary value and cannot be exchanged for real money, goods, or services
• Virtual Items are licensed to you, not sold, and you have no ownership rights in them
• All purchases of Virtual Items are final and non-refundable, except as required by applicable law
• We may modify, manage, regulate, or eliminate Virtual Items at any time, with or without notice
• If your account is terminated, you will lose access to all Virtual Items without refund
• You are responsible for all charges incurred through your account, including unauthorized purchases made by minors

Purchases are processed through Apple App Store, Google Play, or other applicable app store platforms, and are subject to their terms and conditions.

7. User-Generated Content

If you submit, post, or transmit any content through our Services ("User Content"), you:

• Retain ownership of your User Content
• Grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Content in connection with our Services
• Represent that you have all necessary rights to grant this license
• Agree that your User Content will not violate any law or infringe any third-party rights

We may monitor, edit, or remove User Content at our sole discretion, but we are not obligated to do so.

8. Intellectual Property

All content in our Services, including but not limited to games, graphics, text, music, sounds, images, software, and trademarks, is owned by Silver Mountain Technologies or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You acknowledge that you have no ownership rights whatsoever in our Services or any content therein, including Virtual Items.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. You use the Services at your own risk.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SILVER MOUNTAIN TECHNOLOGIES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR VIRTUAL ITEMS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless Silver Mountain Technologies and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of any third party
• Your User Content

12. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Upon termination:

• Your license to use the Services immediately terminates
• You will lose access to your account and all associated data, including Virtual Items
• You will not be entitled to any refund

You may terminate your account at any time by discontinuing use of the Services and deleting the app from your device.

13. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Resolution: Before filing any claim, you agree to first contact us at smtn.techologies@gmail.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days.

Binding Arbitration: If we cannot resolve the dispute informally, you and Silver Mountain Technologies agree to resolve any disputes through binding individual arbitration, rather than in court, except that either party may bring claims in small claims court if eligible.

Class Action Waiver: YOU AND SILVER MOUNTAIN TECHNOLOGIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to Silver Mountain Technologies at 1500 N Grant St # 4604, Denver, CO within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement.

Exceptions: This arbitration agreement does not apply to residents of jurisdictions where mandatory arbitration is not enforceable, including the European Economic Area, United Kingdom, and Switzerland.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.

For users in the European Economic Area, United Kingdom, or Switzerland, the laws of your country of residence may apply, and you may have additional rights under local consumer protection laws.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Silver Mountain Technologies regarding your use of the Services and supersede any prior agreements.

17. Contact Us

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

Silver Mountain Technologies
1500 N Grant St # 4604
Denver, CO
Email: smtn.techologies@gmail.com