END USER LICENSE AGREEMENT & TERMS OF SERVICE

Last Updated: October 8, 2026
 
1. RELATION TO PLATFORM TERMS AND OVERVIEW
This End User License Agreement (“Agreement” or “Terms”) is a legal agreement between you (“Player”) and Piguinsoft LLC (“Piguinsoft”, “Developer,” “we,” “us”). This Agreement governs your use of our mobile games  (“Games”).
This Agreement acts as a custom extension to the Apple Licensed Application End User License Agreement for iOS users and operates in conjunction with the Google Play Terms of Service for Android users. If any provision in this Agreement conflicts with the baseline terms of Apple or Google, the provisions of this Agreement shall govern solely in relation to your use of the Game.
 
2. LIMITED LICENSE AND CONTENT OWNERSHIP
We grant you a personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to download and play our Games for your personal, non-commercial entertainment purposes on compatible iOS and Android devices.
You acknowledge and agree that you do not own the Games or any part of them. Players only have a temporary license to access the content and do not acquire any ownership rights to any characters, items, virtual currencies, or progression data. All rights, titles, and interest in and to the Games—including all 3D models, code, text, animations, textures, logos, and artwork—remain the exclusive property of the Developer and are protected by global intellectual property laws.
 
3. VIRTUAL CURRENCY AND IN-GAME ITEMS
The Games may feature virtual currencies (such as coins, credits or gems) and virtual items. You explicitly agree that all virtual currency and items have no real-world value. They do not constitute personal property, cannot be exchanged for real money, goods, or services outside of the Games, and cannot be transferred or sold to other players. Any unauthorized transfer or sale will result in immediate account termination.
 
4. IN-APP PURCHASES AND PLATFORM REFUND POLICY
All in-app purchases made within our Games are processed securely through the payment infrastructure provided by Apple or Google Play. All purchases are final, non-refundable, and non-exchangeable, except as mandated by applicable law or specific platform policy.
Because financial transactions are managed entirely by the platforms, any billing disputes or refund requests must be directed to Apple Support (for iOS users) or Google Play Support (for Android users).
 
5. CLOUD SAVING AND DEVICE IDENTIFIER COLLECTION – CAFE RACER ONLY
Cafe Racer offers an optional cloud saving feature to back up your progress across sessions. To securely link your progress to your hardware without forcing you to create a traditional username and password, this feature requires the collection and tracking of your unique Device ID. This is used exclusively to link your cloud data, is securely stored by Playfab (a Microsoft Service) and isn’t shared with any third parties. If you choose not to utilize optional cloud saving, your progress may be permanently lost. We are not liable for any lost data or progress.
 
6. UNCOMPENSATED PLAYER FEEDBACK
We welcome community feedback and suggestions to improve our Games. However, you agree that if you send us any suggestions, ideas, creative content, or bug reports, we are free to implement, modify, exploit, and distribute these ideas for any purpose, commercial or otherwise. We may do so without providing any compensation, financial reward, acknowledgment, or credit to you.
 
7. PROHIBITED CONDUCT
You agree not to cheat, exploit glitches, use automation software (bots), hack or mod our Games. You are strictly prohibited from reverse-engineering, decompiling, or attempting to extract the underlying source code or assets of our Games.
 
8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Our Games are provided to you on an “as-is” and “as-available” basis. To the maximum extent permitted by law, the Developer disclaims all warranties and shall not be liable for any indirect, incidental, or consequential damages (including data loss or server downtime) arising from your use of our Games.
 
9. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Developer from and against any claims, liabilities, damages, or legal expenses arising out of your breach of this Agreement or your misuse of our Games or services.
 
10. GOVERNING LAW AND JURISDICTION
This Agreement, and any legal disputes arising out of or related to it, shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located within California to resolve any legal claims.
 
 
SCHEDULE A: MANDATORY APPLE APP STORE ADDENDUM
The provisions of this Schedule A apply to all players accessing the Game on Apple iOS devices and are required by Apple Inc. to be included in custom developer license agreements:
  • Acknowledgment: This Agreement is concluded solely between the Developer and the Player. Apple is not a party to this Agreement and is not responsible for the Game or its content.
  • Maintenance and Support: The Developer, and not Apple, is solely responsible for providing any maintenance and support services for the Game. Apple has no obligation whatsoever to furnish any maintenance and support services.
  • Warranty: In the event of any failure of our Games to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Game. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our Games.
  • Product Claims: The Developer, not Apple, is responsible for addressing any claims of the Player or any third party relating to our Games or the player’s possession and/or use of those Games.
  • Intellectual Property Rights: In the event of any third-party claim that the Games or your possession and use of the Games infringes that third party’s intellectual property rights, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
  • Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.