Terms of Service - XO Arcade | AFK GAMES STUDIO

This page provides the Terms of Service for XO Arcade: Infinity Edition, developed by AFK GAMES STUDIO ("Studio").

These Terms are provided in-app and may also be available on the Studio website. If a web copy differs from the in-app copy included with your installed build, the in-app copy controls for that build.

1. BINDING AGREEMENT
These Terms of Service (“Terms”) constitute a binding contract between you (“User”) and AFK GAMES STUDIO (“Studio,” “we,” “us”). By downloading, installing, accessing, or using XO Arcade: Infinity Edition (the “App”), you agree to these Terms. If you do not agree, do not use the App. We may modify these Terms from time to time; if you continue to use the App after the effective date of updated Terms, you accept the updated Terms.

2. ELIGIBILITY
The App is not directed to children under 13, and you may not use the App if you are under 13. You represent that you are at least 13 years old. If you are a minor in your jurisdiction, you represent that you have permission from a parent or legal guardian to use the App and that such parent or guardian has reviewed and agreed to these Terms on your behalf.

3. LICENSE GRANT & RESTRICTIONS
3.1 License. Subject to your compliance with these Terms, the Studio grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App for your personal, non-commercial entertainment purposes on compatible devices you own or control.
3.2 Restrictions. Except as expressly permitted by applicable law, you may not, and you agree not to:
(a) copy, reproduce, distribute, publicly perform, publicly display, modify, translate, or create derivative works of the App;
(b) sell, rent, lease, lend, sublicense, assign, or otherwise transfer the App or access to the App;
(c) reverse engineer, decompile, disassemble, or attempt to derive the source code, underlying ideas, algorithms, structure, or organization of the App (including the ZERO Protocol), except to the extent such restriction is prohibited by applicable law;
(d) circumvent, disable, or interfere with security-related features, digital rights management, anti-cheat mechanisms, advertising delivery, measurement, consent flows, analytics, crash reporting, or fraud-prevention systems;
(e) use cheats, automation software, bots, exploits, or hacks, or otherwise interfere with the normal operation of the App;
(f) remove, alter, or obscure proprietary notices (including copyright, trademark, and attribution notices) contained in or displayed by the App.

4. INTELLECTUAL PROPERTY; AI-GENERATED ASSETS
4.1 Ownership. The App and all associated content and materials, including without limitation software, audiovisual works, user interface and visual design, trademarks, logos, and documentation (collectively, “Studio Materials”), are owned by the Studio or its licensors and are protected by intellectual property and other laws. All rights not expressly granted to you are reserved by the Studio.
4.2 ZERO Protocol. The App includes the “ZERO Protocol” engine and related logic, which constitute proprietary technology and may include trade secrets of the Studio.
4.3 AI-Generated Assets. The App may incorporate audio and/or voice assets generated using artificial intelligence tools, including but not limited to Suno and ElevenLabs (“AI Assets”). AI Assets are commercially licensed to the Studio. You may not extract, record, reproduce, distribute, publicly perform, or commercially exploit AI Assets outside the App, except as expressly permitted by applicable law.

5. PRIVACY; DATA
Your use of the App is governed by our Privacy Policy, which is incorporated by reference and made part of these Terms. The Privacy Policy is available in the App and at:
https://afkgamesstudio.github.io/xo-arcade/privacy-policy.html

The App is designed as an offline-first experience. Game progress and certain settings may be stored locally on your device. Uninstalling the App typically removes locally stored data, subject to your device and operating system backup settings.

The App may integrate third-party SDKs/services (including Google AdMob, Google UMP, Firebase Analytics, and Firebase Crashlytics) that may collect and process certain information (such as device identifiers, IP-derived approximate location, app interactions, diagnostics, and crash logs) as described in the Privacy Policy and in the App’s Third-Party Notices.

6. THIRD-PARTY SERVICES; OPEN SOURCE
6.1 Third-Party Services. The App may interoperate with or include third-party services, SDKs, or integrations (“Third-Party Services”). Third-Party Services are provided by their respective providers and may be subject to separate terms and policies. The Studio is not responsible for Third-Party Services and does not warrant their availability, accuracy, or performance.
6.2 Open Source. The App may include open source software components licensed under applicable open source licenses (e.g., Apache License 2.0). Required notices and license texts are provided in the App’s “Third-Party Notices” section. In the event of a conflict between these Terms and an applicable open source license, the open source license governs solely with respect to the open source component.

7. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP AND ALL STUDIO MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(a) IN NO EVENT WILL THE STUDIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
(b) THE STUDIO’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (I) THE AMOUNTS YOU PAID TO THE STUDIO FOR THE APP (IF ANY) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (II) TEN U.S. DOLLARS (US $10.00).
Nothing in these Terms limits or excludes liability for fraud, willful misconduct, gross negligence, or personal injury or death to the extent such limitation or exclusion is prohibited by applicable law. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
9.1 Informal Resolution and Notice of Dispute. Before initiating arbitration or any court proceeding (except small claims court), you agree to first send the Studio a written Notice of Dispute to afkgames.helpdesk@gmail.com with the subject line “Notice of Dispute – XO Arcade.” The Notice must include (a) your name and contact information, (b) a description of the dispute, and (c) the relief you seek. The parties agree to attempt in good faith to resolve the dispute within thirty (30) days after the Notice is received.
9.2 Agreement to Arbitrate. If the dispute is not resolved within the 30-day period, you and the Studio agree that any dispute, claim, or controversy arising out of or relating to the App or these Terms will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by these Terms. Judgment on the award may be entered in any court of competent jurisdiction.
9.3 Arbitration Location and Procedure. Arbitration will be conducted remotely by video or telephone unless the arbitrator determines an in-person hearing is necessary. If an in-person hearing is required, it will take place in Orange County, Florida, unless the AAA rules or the arbitrator provide otherwise. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that courts of competent jurisdiction may determine the enforceability of the Class Action Waiver.
9.4 Fees and Costs. Payment of arbitration fees will be governed by the AAA Consumer Arbitration Rules and applicable law.
9.5 Small Claims. Either party may bring an individual action in small claims court in lieu of arbitration, provided the action remains in small claims court and proceeds only on an individual basis.
9.6 Class Action Waiver. YOU AND THE STUDIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
9.7 Opt-Out. You may opt out of this arbitration agreement within thirty (30) days of your first use of the App by emailing afkgames.helpdesk@gmail.com with the subject line “Arbitration Opt-Out” and providing (a) your name, (b) the email address you use (if any), and (c) a clear statement that you wish to opt out of arbitration. If you opt out, you and the Studio agree that disputes will be resolved in court as set forth in Section 11.1, and the Class Action Waiver in Section 9.6 will not apply to you.
9.8 Administrator Unavailability. If AAA is unavailable to administer arbitration, the parties will reasonably cooperate to select an alternative arbitration administrator that applies consumer arbitration rules substantially similar to the AAA Consumer Arbitration Rules.

10. TERMINATION
The Studio may suspend or terminate your access to the App and this license at any time if you violate these Terms or if the Studio reasonably determines your use is unlawful, harmful, or abusive. Upon termination, you must cease all use of the App and delete any copies in your possession or control. Sections 3.2, 4, 6, 7, 8, 9, 10, 11, and 12 survive termination.

11. GENERAL TERMS
11.1 Governing Law; Venue. These Terms are governed by the laws of the State of Florida, USA, without regard to conflict of laws principles. To the extent a dispute is not subject to arbitration (including if you validly opt out under Section 9.7), you agree that any such action will be brought exclusively in the state or federal courts located in Orange County, Florida, and you consent to personal jurisdiction and venue there. Mandatory consumer protection rights that cannot be waived under applicable law remain unaffected.
11.2 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
11.3 Entire Agreement. These Terms, together with the Privacy Policy and Third-Party Notices, constitute the entire agreement between you and the Studio regarding the App and supersede all prior or contemporaneous agreements and understandings.
11.4 Assignment. You may not assign or transfer these Terms without the Studio’s prior written consent. The Studio may assign these Terms (including all rights and obligations) in connection with a merger, acquisition, sale of assets, or by operation of law.
11.5 No Waiver. The Studio’s failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
11.6 Interpretation. Headings are for convenience only and do not affect interpretation. The word “including” means “including without limitation.”

12. CONTACT
AFK GAMES STUDIO
Email: afkgames.helpdesk@gmail.com