Arcana — Terms of Use
Effective date: [EFFECTIVE_DATE]
These Terms of Use ("Terms") are a binding legal agreement between you ("you," "your") and [COMPANY_LEGAL_NAME], located at [COMPANY_ADDRESS] ("[COMPANY_LEGAL_NAME]," "we," "us," "our"), the provider of the Arcana mobile application for iOS and Android and any related services and companion web pages (together, "Arcana" or the "Service"). You can reach us at support@arkanika.net.
Please read these Terms carefully. By downloading, installing, accessing, or using Arcana, you agree to these Terms and to our Privacy Policy, which is incorporated into these Terms by reference. If you obtained the app from the Apple App Store or Google Play, you also agree to the applicable store's end-user licence terms (including the Apple Licensed Application End User License Agreement and Google Play Terms of Service), which are incorporated here to the extent they apply (see Section 21). If you do not agree to these Terms, do not use Arcana.
Section 19 contains an arbitration agreement and a class-action waiver that affect how disputes are resolved for certain users, together with a 30-day right to opt out. It does not apply to consumers in the EEA, the UK, or other jurisdictions where such provisions are prohibited or unenforceable. Please read it carefully.
Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under mandatory consumer-protection law that cannot lawfully be excluded, restricted, or modified. Where these Terms conflict with such non-excludable rights, those rights prevail.
1. Acceptance and Eligibility (18+)
You accept these Terms by tapping "I agree" (or similar), by continuing through onboarding, or by using the Service. Your continued use of Arcana constitutes ongoing acceptance.
Arcana is strictly for adults aged 18 or older. By using the Service you represent and warrant that: (a) you are at least 18 years old; (b) you have the legal capacity and authority to enter into a binding contract; and (c) you are not barred from using the Service under any applicable law. During onboarding you will be asked to attest that you are 18 or older, and we record that attestation.
Arcana is not directed to, and is not intended for use by, anyone under 18. We do not knowingly collect data from anyone under 18. Because the Service is adults-only, a parent or guardian cannot consent to a minor's use on the minor's behalf. If we learn that a person under 18 has registered or provided information, we will terminate the account and delete the associated data. If you believe a minor is using Arcana, contact us at support@arkanika.net.
2. Definitions
- Service — the Arcana app, the AI-generated readings and chat, the in-app game economy, related websites and support channels, and all content and features we make available.
- Account — your Arcana account, whether an anonymous Guest account or an account linked to a sign-in provider.
- Guest — an anonymous, auto-created, device-local identity that lets you use the Service without logging in.
- Reading Inputs — the information you provide to generate a reading, including the question you type, who the reading is "for," the theme you choose, and the cards drawn.
- AI Output / Readings — the AI-generated reading text, card interpretations, and any other content produced by the Service in response to your inputs.
- Chat — the "chat with your mage" feature, including your messages and the AI-generated mage replies.
- Virtual Items — in-app items and currencies such as energy, moon charms, premium tokens, XP, levels, unlocks, ritual state, and 78-card collection progress.
- Premium / Subscription — an auto-renewing paid subscription that unlocks additional features.
- Remove Ads Purchase — a one-time, non-consumable in-app purchase that removes advertising without a subscription.
- Entitlement — your access rights to Premium features and/or the Remove Ads Purchase, managed through the Stores and RevenueCat.
- Stores — the Apple App Store and Google Play.
3. Licence to Use the Service
Subject to your compliance with these Terms and the applicable Store rules, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use Arcana on a device you own or control, solely for your own personal, non-commercial use. The scope of this licence is tied to the platform and Store through which you obtained the app.
Arcana is licensed, not sold, to you. We and our licensors reserve all rights not expressly granted in these Terms. This licence terminates automatically if you breach these Terms.
4. Account and Guest Terms
Guest accounts. When you first launch Arcana, we automatically create an anonymous Guest identity so you can use the Service without creating a login. A Guest account and its readings are associated with your device and app installation. You should understand the risk: if you rely on a Guest account, your readings and progress may live only on that device and can be lost if you uninstall the app, clear its data, lose your device, or switch devices. We are not responsible for Guest data lost in these ways.
Optional sign-in and linking. You may optionally link your account using Sign in with Apple or Google. Linking lets you persist your account across devices and re-authenticate. When you link, we may merge your Guest data into the linked account; you are responsible for the outcome of any account merge. Apple and Google act as independent identity providers for the sign-in relationship (see the Privacy Policy).
Display name. You choose a display name that is not your real Store-account name. You must not choose a name that impersonates another person or entity, or that is offensive, misleading, or infringing. We may require you to change a name that violates these Terms.
Your responsibilities. You are responsible for your account, your device security, and all activity under your account. You must provide accurate information and keep it reasonably current. You should maintain only one account unless we permit otherwise. Signing out preserves your local readings on the device. For deletion of your account and data, see Section 17.
5. Nature of the AI Content and AI Disclaimer
Every tarot reading, card interpretation, and mage chat reply in Arcana is generated by artificial intelligence, using AI models operated by our AI partner, Anthropic, PBC (Claude). It is produced automatically by a large language model in response to the details you provide and the cards drawn; it is not written, reviewed, or verified by a human before you see it, and it is not the opinion or advice of [COMPANY_LEGAL_NAME] or any person. (The one exception is content you choose to report: if you use the in-app Report control, a member of our team may review that specific content afterward — see Section 12.)
Because the content is machine-generated, it can be inaccurate, incomplete, internally inconsistent, or simply wrong. The same question, cards, or theme may produce different readings at different times, and the Service may generate text that is surprising, unusual, or that does not reflect your situation. AI systems can also "hallucinate" — that is, produce confident-sounding statements that have no basis in fact. The fictional "mage" characters are AI personas, not real people, and they have no special knowledge about you or the world. Model behavior may change without notice, and we do not guarantee that any input will produce the same output. You should treat everything the Service generates as imaginative, symbolic content created for the experience, and not as a statement of fact about you, any other person, or the world.
6. Entertainment Only — No Professional Advice
Arcana is a game and a creative, mystical entertainment experience. The readings, cards, mage conversations, and all related content are provided solely for personal reflection, journaling, curiosity, and entertainment. They are offered as prompts for self-reflection and enjoyment — a way to think about your own feelings and choices — and for no other purpose. They are not a source of truth, guidance, prediction, or professional service of any kind, and no part of the Service should be understood as telling you what is true, what will happen, or what you should do.
The content the Service generates is not, and must never be treated as, professional advice. It is not medical, mental-health, psychological, psychiatric, legal, financial, tax, or other professional advice, diagnosis, or treatment, and no reading or mage reply creates any professional relationship between you and us or anyone else. Do not use Arcana to make — or to avoid or delay making — any decision that matters to your health, safety, finances, legal rights, relationships, or wellbeing. In particular, never disregard, discontinue, or postpone advice or care from a qualified doctor, therapist, lawyer, financial adviser, or other licensed professional, and never start or stop any medication, treatment, or course of action, because of anything a reading or the mage says. If you have a question that touches your health, legal position, money, or safety, please consult an appropriately qualified professional. If you are experiencing a medical emergency, contact your local emergency services immediately. Arcana does not diagnose, treat, or predict outcomes.
No guarantee of accuracy, outcomes, or the future. We make no promise, representation, or warranty that any reading is accurate, reliable, complete, or suitable for you, and we do not and cannot predict or guarantee any future event, outcome, or result. The cards do not foresee the future, and nothing generated by the Service is a forecast of what will happen or a guarantee of any particular result. Any decision you make, or choose not to make, after using the Service is your own decision, made in your sole judgment and at your own risk, and you are solely and fully responsible for your actions, your choices, and their consequences.
If You Are in Crisis — Please Reach Out
Your wellbeing matters far more than any reading. If you are thinking about harming yourself, are in emotional distress, or are worried about your safety or someone else's, please stop and reach out to a real person who can help right now. Contact your local emergency services immediately (for example, 911 in the United States, 999 in the UK, or 112 across the EU). You can also reach a trained, compassionate crisis counselor through a helpline in your country: in the United States and Canada, call or text 988; in the UK and Ireland, call the Samaritans at 116 123. To find a free crisis or suicide-prevention helpline in your region, visit the global directory at https://findahelpline.com. Arcana is an entertainment app; it is not a crisis service, a counselor, or a source of emergency help, and its AI mage cannot keep you safe — a person can. Please contact someone who can truly be there for you.
7. Your Content and Licence to Process Reading Inputs
Your content. "Your content" means the material you provide to the Service, including your Reading Inputs (the question you type, who the reading is "for," the theme you choose, and the cards drawn), your Chat messages, your saved reading history, any content you submit through the Report control, and your chosen display name.
Ownership. As between you and us, you retain any ownership rights you have in your content. AI Output is provided to you under a personal-use licence (see Section 11).
Licence to us. You grant [COMPANY_LEGAL_NAME] a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, and transmit your content solely to operate, provide, and secure the Service and to deliver the readings and chat you request. This includes sending your Reading Inputs and Chat messages to Anthropic, PBC, acting as our processor/sub-processor, to generate your reading and mage replies (see Section 7A). We do not use the content of your readings or chat to train AI models or to improve our products. We may use only de-identified, aggregated, or non-content signals (such as error diagnostics and usage metrics) to maintain, secure, and improve the Service, as described in the Privacy Policy.
Never sold, never used for ads. Your reading and chat content is never sold and is never used for advertising. This is described in our Privacy Policy and is consistent with our in-app consent screen.
Your warranties and caution. You represent and warrant that your content is lawful and that you have all rights necessary to submit any information you enter, including any information about other people. Please do not submit other people's personal or sensitive information, and think carefully before entering your own highly sensitive information. Free-text questions and chat messages can reveal sensitive details (for example about health, relationships, beliefs, or finances). You should not enter anything you do not want processed to generate your reading.
7A. Third-Party AI Processing of Your Inputs, and Your Consent
To create your reading and generate mage replies, the Service sends the details you provide — the question you type, who the reading is for, the theme you choose, the cards drawn, and your chat messages — to our AI partner, Anthropic, PBC, which operates the AI models that write your reading.
Why we may lawfully do this. Sending your Reading Inputs and Chat messages to Anthropic is strictly necessary to provide the reading and chat you have asked us to create. Under EU/UK data-protection law, our lawful basis for this transfer is performance of our contract with you (Article 6(1)(b)). Separately, before you first use the AI features you give an explicit, affirmative in-app consent, recorded with a timestamp during onboarding. That separate consent (i) provides the clear, explicit permission that the app stores require for the use of third-party AI, and (ii) is our explicit-consent basis (Article 9(2)(a)) for any special-category information — for example about health, beliefs, or relationships — that you may choose to include in your free-text inputs. Generating a reading relies on the consent you have already given; simply using a feature is not, by itself, the act that grants consent.
Anthropic as our processor. Anthropic processes this information strictly as our service provider (processor) under a data processing agreement (DPA), incorporated into its commercial terms, and only to generate content for you. Anthropic does not use your inputs or outputs to train its models, and retains them for at most 7 days for safety monitoring before deleting them. Your reading and chat content is never used for advertising and is never sold. Where Anthropic or our other providers process data outside your region, that transfer is governed by the DPA and appropriate safeguards (such as Standard Contractual Clauses), as described in the Privacy Policy.
Withdrawing consent. You may withdraw your in-app consent at any time in Settings. Because the AI reading and chat features cannot function without sending your inputs to Anthropic, withdrawing consent means you will no longer be able to use those features; it does not affect processing that already took place. You can also export or permanently delete your data from Settings as described in our Privacy Policy. For more detail on what we collect, our legal bases, the third parties involved, and your rights, see our Privacy Policy or contact us at privacy@arkanika.net.
8. Acceptable Use and Prohibited Conduct
You agree not to, and not to attempt to or permit anyone else to:
- harm or target others — harass, threaten, defame, dox, or use readings or Chat to target, profile, surveil, or generate content about identifiable third parties without a lawful basis;
- submit unlawful or abusive content — post or generate content that is illegal, hateful, discriminatory, sexually exploitative of minors, or otherwise abusive;
- misuse the AI — attempt to "jailbreak," manipulate, or misuse the AI, extract another user's data, or induce the Service to produce prohibited content;
- reverse-engineer or scrape — reverse-engineer, decompile, disassemble, scrape, or use automated means to access the Service, except to the limited extent this restriction is prohibited by applicable law;
- attack the platform — interfere with or circumvent security, rate limits, authentication, idempotency controls, or infrastructure, or introduce malware;
- exploit the economy — farm, bot, automate, exploit bugs, or otherwise manipulate XP, levels, energy, streaks, moon charms, tokens, unlocks, or collection progress;
- circumvent commerce controls — bypass or defeat ads, paywalls, entitlement checks, or Store billing;
- resell or commercialize — resell, rent, or provide access to the Service to third parties.
We may investigate suspected violations and may throttle, suspend, or terminate access, remove content, or take other action we consider appropriate (see Section 17). Protecting the integrity of the Service, its economy, and other users is a legitimate interest we rely on (see the Privacy Policy).
9. Virtual Items and In-App Currencies
Virtual Items — including energy, moon charms, premium tokens, XP, levels, unlocks, ritual state, and 78-card collection progress — are provided to you as a limited, personal, revocable licence to use within the Service only.
Virtual Items have no monetary or cash value; are not your property; and are not redeemable, transferable, exchangeable, or convertible into money, goods, or anything of value, whether inside or outside the Service, and cannot be transferred between users or accounts. We may, at any time and to the extent permitted by law, adjust, expire, revoke, remove, or discontinue Virtual Items and balances, and may change the rules, pricing, earning rates, or availability of the game economy.
Earned vs. purchased items. We distinguish between earned or promotional Virtual Items (which you obtain without payment) and purchased Virtual Items (which you obtain through an in-app purchase). Earned or promotional items are provided free of charge and are non-refundable and carry no cash value. Purchased Virtual Items are non-refundable except where required by applicable law and subject to your statutory withdrawal and consumer rights; nothing in this Section limits any non-excludable statutory right you have as a consumer.
EEA/UK cooling-off for purchased items. If you are a consumer in the EEA or the UK and you purchase a Virtual Item that is delivered to you immediately, by completing the purchase and requesting immediate delivery you expressly consent to us beginning performance right away and you acknowledge that you thereby lose your 14-day right of withdrawal for that item once delivery has begun, to the extent permitted by law.
Server-side balances maintained by us are authoritative. Subject to Section 17 (which addresses company-initiated termination and discontinuation), we have no obligation to preserve, restore, or compensate you for earned or promotional Virtual Items after account closure, suspension, or termination.
10. Purchases, Subscriptions, and Billing
Arcana offers two kinds of paid product: (a) an auto-renewing Premium subscription, and (b) a one-time "Remove Ads" purchase. Both are processed by the applicable Store; we never see or handle your payment card details, and RevenueCat manages your Entitlement on our behalf. Your purchase is also subject to the Store's terms. The prices and terms shown in the in-app paywall and the Store listing control if they differ from the examples below.
Premium subscription — features and price. A Premium subscription unlocks additional features, which may include deeper readings, chat with your mage, removal of ads, and cosmetic options such as the SMOKE cardback. Premium is offered at $5.99 per month or $34.99 per year (about $2.92 per month).
Auto-renewal (subscription only). The Premium subscription is auto-renewing. Unless you cancel, it automatically renews at the end of each billing period, and the Store charges the then-current price for the next period at or shortly before the start of that period. The billing period and renewal price are shown before purchase. (The Remove Ads Purchase described below does not auto-renew.)
Free trial. If a free trial is offered (for example, a 7-day trial), the trial converts into a paid subscription at the end of the trial period unless you cancel before it ends. To avoid being charged, you must cancel before the trial expires. Any unused portion of a trial is forfeited when you purchase a subscription, where applicable.
One-time "Remove Ads" purchase. As an alternative to Premium, you may make a one-time Remove Ads Purchase for $4.99. This is a non-consumable, one-time purchase that does not auto-renew — you are charged once, and it removes advertising for your account. It is processed by the Store and is restorable on your other devices (and after reinstalling) via the in-app "restore purchases" function, which RevenueCat manages. Refunds are handled through the applicable Store's policy. EEA/UK cooling-off: if you are a consumer in the EEA or the UK, by completing the Remove Ads Purchase and requesting immediate effect you expressly consent to us beginning performance right away and acknowledge that you thereby lose your 14-day right of withdrawal for this one-off digital content once it takes effect, to the extent permitted by law; nothing here removes a statutory right you cannot waive.
Cancellation and managing your subscription. You can cancel the Premium subscription at any time through your Store account settings. Billing is Store-managed, so cancellation happens at the Store; however, Arcana provides an in-app link/deep-link to the Store's "manage subscription" screen so you can reach cancellation directly from within the app. Cancellation takes effect at the end of the current paid period; you retain access until then, and, except where the law requires otherwise, you are not entitled to a partial-period refund. The one-time Remove Ads Purchase does not require cancellation.
Price changes. We may change subscription prices. Where required, the Store will notify you and, depending on the Store's rules, obtain your consent or allow you to opt out before a changed price takes effect. If you do not accept a price change, you may cancel.
Refunds. Refunds are handled through the applicable Store's policy. We generally do not and cannot process card refunds directly. Please direct refund requests to the Store, subject to your non-excludable statutory rights.
EEA/UK right of withdrawal (cooling-off) — subscriptions. If you are a consumer in the EEA or the UK, you normally have a 14-day right to withdraw from a distance-purchased digital service. However, by starting a subscription or trial and accessing digital content or services immediately, you expressly request that we begin performance during the withdrawal period and you acknowledge that you thereby lose your right of withdrawal once performance has begun, to the extent permitted by law. This interacts with trials and Store refund flows as described above; nothing here removes any statutory right you cannot waive.
Restore, chargebacks, and taxes. You can restore previous purchases (including the Remove Ads Purchase and an active Premium subscription) using the in-app "restore purchases" function. Prices may be inclusive or exclusive of applicable taxes (such as VAT or sales tax) depending on your jurisdiction and the Store. Initiating a chargeback instead of using the Store's refund process may result in suspension or termination and forfeiture of Virtual Items and access.
11. Intellectual Property
The Service and all of its contents are owned by [COMPANY_LEGAL_NAME] and our licensors and are protected by intellectual-property laws. This includes, without limitation, the Arcana app, code, and user interface; the "Arcana" name, logos, and marks; the mage characters and their names and personas; the card art and cardbacks, sigils, fonts, sounds, and all authored copy. We reserve all rights not expressly granted.
Subject to these Terms, we grant you a limited, personal, non-commercial licence to use the Service and its content for your own use. You may not copy, modify, distribute, sell, publicly display, or create derivative works from the app's assets, except as expressly permitted.
AI Output. We grant you a personal, non-commercial licence to use the AI Output generated for you. Please note that AI-generated content may not be independently protectable by intellectual-property law, and the Service may generate the same or similar output for other users; you do not receive any exclusive rights in AI Output.
Share features. If the Service lets you create and share "share cards" or similar, any branded frame, template, or other Arcana asset within them remains our intellectual property.
Notices. For intellectual-property or DMCA-style notices, contact us at support@arkanika.net.
12. Moderation and Reporting
We want the Service to feel meaningful and safe, and we know AI can sometimes generate content that is offensive, upsetting, harmful, or otherwise inappropriate. Every reading and every mage message includes a built-in Report control so you can flag content that concerns you without leaving the app. When you submit a report, the flagged content and the necessary context are sent to our moderation team, where a person may review it (this is the exception noted in Section 5), and we use what we learn to improve the Service's safety guardrails and reduce the chance of similar content in future. You can also contact us at support@arkanika.net about any content you have encountered.
We review reported content and act on reports on the basis of our legitimate interests in keeping the Service safe and, where applicable, to meet our legal and content-moderation obligations (including notice-and-action requirements). We retain reports and the associated content only for as long as needed for those purposes, as described in the Privacy Policy. We have the right, but not the obligation, to review, monitor, moderate, remove, or restrict content and to act on reports, including handling safety and self-harm signals as we consider appropriate. We do not guarantee that we monitor all content. Reporting content does not replace contacting the emergency or crisis resources described in Section 6 if you or someone else may be at risk. We ask that you cooperate reasonably with safety and moderation processes.
13. Availability, Changes to the Service, and Third-Party Dependencies
The Service is provided on an "as available" basis. We may modify, add, suspend, or discontinue features (including mages, spreads, the economy, and the ads model), and may deliver over-the-air updates, at any time. Where a change to purchased items or a discontinuation affects your paid entitlements, Section 17 governs any remedy.
The Service relies on third parties, including Anthropic (AI generation), Railway (hosting and database), RevenueCat (subscription/entitlement management), Apple and Google (sign-in and Store billing), Google AdMob (advertising to free users), Sentry (crash diagnostics), PostHog (analytics), and Expo (push notifications). Their outages, changes, or actions may affect or interrupt the Service, and we are not responsible for third-party services outside our control.
Free users are shown ads through Google AdMob. In the EEA and the UK, ad personalization requires consent via Google's UMP consent prompt, and on iOS via Apple's App Tracking Transparency (ATT). Under California's CPRA, AdMob personalized ads may constitute "sharing" / cross-context behavioral advertising, and we provide an opt-out. Your reading and chat content is never used for advertising. See the Privacy Policy for full details on advertising, tracking, and the "Do Not Sell or Share My Personal Information" control. Premium and the one-time Remove Ads Purchase both remove ads.
14. Disclaimers of Warranty
To the fullest extent permitted by applicable law, the Service and all AI Output are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and any warranty of uninterrupted, timely, secure, or error-free operation. We do not warrant that the Service will meet your requirements or that defects will be corrected.
Consumer carve-out. Some jurisdictions do not allow the exclusion of certain warranties or guarantees. If you are a consumer, you may have mandatory statutory guarantees and rights (for example under the UK Consumer Rights Act 2015 or the EU Digital Content and Services Directive 2019/770 and equivalent laws) that cannot be excluded. Nothing in these Terms excludes or limits those non-excludable rights, and this Section applies only to the extent permitted by the law that applies to you.
15. Limitation of Liability
To the fullest extent permitted by applicable law:
- We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or anticipated savings, arising out of or relating to the Service or these Terms, even if we have been advised of the possibility of such damages.
- In particular, and consistent with Sections 5 and 6, we are not liable for any loss, harm, or damage arising from your reliance on any reading, card interpretation, mage reply, or other AI Output.
- Our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total amounts you paid to us (or through the Stores for the Service) in the 12 months before the event giving rise to the liability, or (b) [NOMINAL_CAP_AMOUNT] (for users who have not paid).
Mandatory carve-outs. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence, or for any other liability that cannot lawfully be excluded or limited. If you are a consumer, your statutory rights are unaffected, and this Section applies only to the extent permitted by the law that applies to you.
16. Indemnity
To the extent permitted by applicable law, you agree to indemnify and hold harmless [COMPANY_LEGAL_NAME] and its officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your misuse of the Service; (b) your violation of these Terms or of any law; or (c) content you submit, including any third-party personal data you enter into readings or Chat.
Consumer limitation. If you are a consumer in the EEA, the UK, or another jurisdiction where broad indemnities are restricted, this Section applies only to the extent permitted by applicable law and does not require you to indemnify us for matters not caused by your own fault or breach.
17. Suspension and Termination
By us. We may suspend or terminate your access to all or part of the Service, with or without notice, if you breach these Terms; engage in abuse, fraud, or economy manipulation; are found to be under 18; initiate improper chargebacks; or where we are required to do so by law or to protect the Service or others.
By you. You may stop using the Service at any time. You may delete your account and data using the in-app "Delete Account & Data" control in Settings (a two-tap flow), which triggers a soft-delete followed by a 30-day hard purge of your data. You can also delete your account without opening the app via our public web deletion page at https://arkanika.net/delete-account, and you can export your data using the in-app export path. If you linked Sign in with Apple, we revoke the Apple sign-in token on deletion. Any copy of your reading or chat content held by Anthropic auto-deletes within 7 days and is never used to train its models. Certain records may be retained in de-identified form as described in the Privacy Policy (for example, purchase and tax/audit records).
Effect of termination. On termination: your licence to use the Service ends; you should cancel any active Premium subscription through the applicable Store (termination of your Arcana account does not by itself cancel Store billing); and de-identified purchase/tax records may persist as required by law.
- Termination for your breach. If we suspend or terminate your account because of your breach, fraud, abuse, or other violation of these Terms, your Virtual Items and balances are forfeited and have no cash value, and you are not entitled to any refund except where the law requires one.
- Company-initiated termination or discontinuation. If we terminate your account other than for your breach, or if we discontinue the Service or a paid feature you have purchased, then for any purchased, unconsumed items or paid Entitlements we will provide a pro-rata refund, credit, or equivalent remedy where required by applicable law. Earned or promotional items carry no cash value and are not refundable.
Survival. Sections that by their nature should survive termination — including Sections 5, 6, 7, 8, 9, 11, 14, 15, 16, 19, and 20 — survive.
18. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the effective date above and, for material changes, provide reasonable prior notice through the app, by email where available, or by other appropriate means. Material changes affecting your consent (for example, to AI processing) will be re-consented where required. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance, to the extent permitted by law. If you do not agree to the updated Terms, your remedy is to stop using the Service and, if applicable, cancel your subscription.
19. Governing Law, Dispute Resolution, Arbitration, and Class-Action Waiver
Governing law and forum. These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of [GOVERNING_LAW_JURISDICTION], without regard to conflict-of-laws rules, and, subject to the provisions below, the courts of [GOVERNING_LAW_JURISDICTION] have jurisdiction.
Informal resolution first. Before starting any formal proceeding, you agree to contact us at support@arkanika.net and try to resolve the dispute informally for at least 30 days.
Arbitration and class-action waiver (where applicable). Where permitted by law (for example, for users in the United States), you and [COMPANY_LEGAL_NAME] agree that any dispute that is not resolved informally will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect (or, if the AAA is unavailable, by JAMS under its consumer rules). The arbitration will be conducted in English; the seat/location of arbitration will be [ARBITRATION_SEAT], and you may elect to participate by telephone or video and to have any in-person hearing held in your home county or district where the applicable rules so provide. We will pay the arbitration filing, administration, and arbitrator fees to the extent the applicable consumer rules or law require, and in any event for any non-frivolous claim to the extent those fees would exceed what you would pay to file the same claim in court. You and we waive the right to a jury trial and to participate in any class, collective, or representative action. Either party may instead bring an individual claim in small-claims court if it qualifies.
Mass/coordinated arbitration. If 25 or more similar claims are asserted against us by or with the assistance of the same or coordinated counsel, the claims will be administered in staged batches of no more than [BATCH_SIZE — e.g., 50] claims at a time, so that fees and arbitrator appointments can be managed efficiently; the applicable statutes of limitations and any filing-fee obligations are tolled for claims awaiting their batch.
Your 30-day right to opt out. You may opt out of this arbitration agreement and class-action waiver by sending written notice to support@arkanika.net within 30 days of first accepting these Terms (or of this provision first applying to you), stating your intent to opt out and enough information to identify your account. If you opt out, disputes proceed in the courts identified above. Opting out does not affect any other part of these Terms.
Severability. If any part of this arbitration or class-waiver provision is found unenforceable, that part is severable and the remainder continues to apply, except that if the class-action waiver is found unenforceable as to a particular claim, that claim will proceed in court.
EEA / UK / consumer carve-outs. If you are a consumer in the EEA, the UK, or another jurisdiction whose law protects your choice of forum and governing law, nothing in this Section deprives you of the protection of the mandatory consumer laws of your country of residence or of your right to bring proceedings in, and to have the mandatory laws of, your home courts apply. The arbitration agreement and class-action waiver do not apply to you to the extent they are prohibited or unenforceable under the law that applies to you. Where required, EU consumers may also use the European Commission's Online Dispute Resolution platform and relevant national consumer bodies.
20. General
- Entire agreement. These Terms, together with the Privacy Policy and any applicable Store EULA, are the entire agreement between you and us regarding the Service and supersede any prior agreements.
- Severability. If any provision is held unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary.
- No waiver. Our failure to enforce any provision is not a waiver of it.
- Assignment. You may not assign or transfer these Terms without our consent. We may assign them, for example in connection with a merger, acquisition, or sale of assets.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
- Notices. We may provide notices through the app, by email where available, or by posting on our website.
- Language. These Terms may be provided in translation for convenience; where permitted, the [GOVERNING_LANGUAGE] version controls in the event of a conflict, without prejudice to any mandatory consumer right to your local language.
- Relationship. Nothing in these Terms creates a partnership, agency, or employment relationship between you and us.
- Store EULA. The applicable Store's end-user licence terms are incorporated by reference and, for iOS, the third-party-beneficiary provision in Section 21 applies.
21. Apple / Google Store-Specific Terms
These Terms are between you and [COMPANY_LEGAL_NAME] only, and not with Apple or Google. You acknowledge that:
- The Stores have no obligation to provide any maintenance or support for the Service; we, not the Stores, are solely responsible for the app, its content, maintenance, support, and any product warranties to the extent not effectively disclaimed.
- Warranty and refund (Apple). These Terms and the app come with the warranty (if any) described above. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are our responsibility, not Apple's.
- The Stores are not responsible for addressing any claims relating to the app, including product-liability, legal/regulatory, or intellectual-property claims, except as required by law and their own terms.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties, and you will comply with applicable export and sanctions laws.
- You must comply with the applicable Store's terms of service when using the Service.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
22. Contact
[COMPANY_LEGAL_NAME] [COMPANY_ADDRESS]
- General and Terms questions: support@arkanika.net
- Privacy and data requests: privacy@arkanika.net
- EU representative (data matters): [EU_REPRESENTATIVE]
- Privacy Policy: Privacy Policy
- Account and data deletion (web): https://arkanika.net/delete-account