Terms of Service

Last Updated: November 1, 2025

By downloading, accessing, or using any game products, official website services, or related digital services (collectively referred to as the "Services") provided by Last Penny Game Studio LLC (hereinafter referred to as "we", "Last Penny", or "the Company"), you (hereinafter referred to as "you" or "User") agree to be bound by the terms and conditions set forth in these Terms of Service (the "Terms"). These Terms constitute a legally binding agreement between you and Last Penny governing your use of the Services.

If you do not agree to all the terms and conditions contained herein, you must not download, access, or use the Services. Please also review our Privacy Policy, which explains how we collect, use, and protect your personal information, as it is incorporated into these Terms by reference. Your use of the Services signifies your acceptance of both these Terms and the Privacy Policy.

1. Eligibility and User Representation

1.1 To use the Services, you must be at least 13 years of age. If you are under the age of 13 (a "Minor"), you may only use the Services with the prior written consent and supervision of your parent or legal guardian. By allowing a Minor to use the Services, the parent or legal guardian accepts these Terms on the Minor’s behalf, assumes full responsibility for the Minor’s compliance with these Terms, and acknowledges and agrees to our Privacy Policy regarding the collection and use of the Minor’s personal information in accordance with the Children’s Online Privacy Protection Act (COPPA).

1.2 If you are using the Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and "you" shall refer to such entity throughout these Terms.

1.3 You warrant that you are not prohibited from using the Services under any applicable laws or regulations, including but not limited to sanctions imposed by the United States government or other relevant authorities.

2. Limited License and Restrictions on Use

2.1 Subject to your compliance with these Terms, Last Penny grants you a non-exclusive, non-transferable, revocable, and limited license to access and use the Services solely for your personal, non-commercial purposes. This license does not include the right to: (a) modify, translate, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services, or use any data mining, extraction, or scraping tools to collect information from the Services; (b) copy, reproduce, duplicate, sell, resell, rent, lease, distribute, or otherwise exploit the Services or any part thereof for any commercial purpose without our prior written consent; (c) frame, mirror, or deep-link to any part of the Services, including but not limited to trademarks, logos, images, text, or page layouts, without the express written consent of the respective owner; (d) use any automated tools, including but not limited to spiders, crawlers, bots, scripts, or scrapers, to access, monitor, or collect data from the Services, except as permitted by standard search engine technology used to direct internet users to the Services; (e) use any meta tags or other hidden text incorporating our name, game titles, characters, or related intellectual property without our express written consent; (f) circumvent, disable, or tamper with any security measures, technical protections, or access controls of the Services, including but not limited to anti-cheat systems, copy protection, or age verification mechanisms; (g) use the Services in any manner that violates applicable laws, regulations, or these Terms, or infringes upon the rights of Last Penny or any third party.

2.2 All intellectual property rights in and to the Services, including but not limited to game software, source code, characters, storylines, artwork, graphics, animations, music, sound effects, trademarks, logos, and any other content or materials, are the exclusive property of Last Penny or its licensors. This license does not transfer any ownership rights to you, and you acknowledge that you have no right, title, or interest in the Services other than the limited license granted herein.

2.3 Last Penny reserves the right to modify, suspend, or terminate the Services or any part thereof at any time, with or without notice, and shall not be liable to you for any such modification, suspension, or termination.

3. User-Generated Content (UGC)

3.1 "User-Generated Content" or "UGC" refers to any content, including but not limited to text, images, screenshots, videos, audio, game replays, or other materials that you post, upload, transmit, or otherwise make available through the Services (e.g., in-game chat, forums, or social sharing features).

3.2 By submitting UGC, you represent and warrant that: (a) you are the sole owner of the UGC or have obtained all necessary rights, licenses, and consents from third parties to submit the UGC and grant the rights described herein; (b) the UGC is accurate, truthful, and not misleading; (c) the UGC does not violate any applicable laws, regulations, or these Terms, and does not infringe upon the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party; (d) the UGC does not contain viruses, malware, spyware, adware, worms, or any other harmful or malicious code; (e) the UGC is not defamatory, obscene, pornographic, violent, harassing, discriminatory, hateful, or otherwise objectionable; (f) the UGC does not promote illegal activities or violate any contractual obligations.

3.3 By submitting UGC, you grant Last Penny a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license to use, reproduce, distribute, display, perform, modify, adapt, and create derivative works of the UGC in connection with the operation, promotion, and improvement of the Services, including but not limited to sharing the UGC on social media platforms, marketing materials, or other promotional channels. You retain all ownership rights to your UGC, but you acknowledge that Last Penny may exercise the license granted herein without additional compensation to you.

3.4 Last Penny reserves the right to review, moderate, or remove any UGC at any time, in its sole discretion, without notice, if it violates these Terms or is otherwise objectionable. Last Penny is not obligated to store or maintain any UGC, and may delete UGC at any time for any reason.

4. In-Game Purchases and Virtual Items

4.1 The Services may offer virtual items (e.g., in-game currency, skins, characters, or other digital goods) for purchase or free distribution. All virtual items are part of the Services and remain the property of Last Penny. Your purchase or acquisition of virtual items grants you a limited, non-transferable, revocable license to use such items within the Services, subject to these Terms.

4.2 You acknowledge that virtual items have no monetary value outside the Services, and you shall not sell, trade, transfer, or assign virtual items to any third party, whether for real money or other consideration, without our prior written consent. Any attempt to do so is a violation of these Terms and may result in the termination of your account and forfeiture of all virtual items.

4.3 All purchases of virtual items are final and non-refundable, except as required by applicable law. Last Penny reserves the right to modify the price, availability, or functionality of virtual items at any time, with or without notice.

4.4 If you believe there has been an unauthorized purchase or charge related to your account, you must notify us immediately at the contact information provided below. We may require you to provide evidence of the unauthorized transaction to process your claim.

5. Third-Party Products, Services, and Links

5.1 The Services may include links to third-party websites, applications, or services, or integrate third-party products (e.g., payment processors, social media plugins, or advertising networks). These third-party services are not controlled by Last Penny, and we are not responsible for their content, privacy policies, or practices.

5.2 Your use of third-party products or services is subject to the terms and conditions and privacy policies of the respective third-party providers. Last Penny does not endorse, warrant, or assume any liability for any third-party products or services, and you agree that Last Penny shall not be liable for any loss or damage arising from your use of such third-party services.

5.3 You acknowledge and agree that you use third-party links and services at your own risk, and we encourage you to review the terms and privacy policies of any third party before using their services.

6. Intellectual Property

6.1 All intellectual property rights in the Services, including but not limited to copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights, are owned by Last Penny or its licensors. You shall not use, copy, or display any of Last Penny’s trademarks, logos, or other proprietary information without our prior written consent.

6.2 You shall not infringe upon Last Penny’s intellectual property rights or the intellectual property rights of third parties in connection with your use of the Services. If you believe that any content on the Services infringes upon your intellectual property rights, please contact us at the email address provided below to submit a claim in accordance with the Digital Millennium Copyright Act (DMCA) or other applicable laws.

7. Account Terms

7.1 To access certain features of the Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed to keep it accurate, current, and complete.

7.2 You are solely responsible for maintaining the confidentiality of your account credentials (e.g., username and password) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. Last Penny shall not be liable for any loss or damage arising from your failure to protect your account credentials.

7.3 You may terminate your account at any time by contacting us at the email address provided below. Upon account termination, your right to use the Services will cease immediately, and you may forfeit any virtual items or other benefits associated with your account. Last Penny reserves the right to retain certain information about your account in accordance with our Privacy Policy and applicable laws.

7.4 Last Penny reserves the right to suspend or terminate your account at any time, in its sole discretion, without notice, if you violate these Terms, engage in fraudulent or illegal activities, or for any other reason. Upon account termination, you shall cease all use of the Services, and Last Penny may delete or retain your account information as permitted by law.

8. Disclaimer of Warranties

8.1 THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LAST PENNY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE USE OF THE SERVICES.

8.2 Last Penny does not warrant that the Services will meet your requirements, that the Services will be uninterrupted, timely, secure, or error-free, that any defects or errors will be corrected, or that the Services are compatible with any particular device or software. You acknowledge that the use of the Services involves inherent risks, including but not limited to the risk of unauthorized access to your data or account, and you assume all such risks.

8.3 No advice or information, whether oral or written, obtained from Last Penny or through the Services shall create any warranty not expressly stated in these Terms.

9. Limitation of Liability

9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LAST PENNY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF LAST PENNY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LAST PENNY’S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO LAST PENNY FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

9.3 THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE LEGAL THEORY UNDER WHICH THE CLAIM IS BROUGHT, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to indemnify, defend, and hold harmless Last Penny, its officers, directors, employees, agents, and licensors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the Services; (b) your violation of these Terms; (c) your UGC; (d) your infringement of any intellectual property or other legal right of a third party; (e) any unauthorized use of your account. Last Penny reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with Last Penny’s defense of such claims.

11. Assignment

Last Penny may assign, transfer, or delegate these Terms or any of its rights or obligations herein to any third party at any time, with or without notice to you. You may not assign, transfer, or delegate your rights or obligations under these Terms to any third party without Last Penny’s prior written consent, and any attempt to do so shall be null and void.

12. Modifications to These Terms

Last Penny reserves the right to modify these Terms at any time. When we make material changes to these Terms, we will notify you by posting the revised Terms on the Services, sending a notification to your registered email address, or displaying a pop-up notice within the Services. The revised Terms will take effect thirty (30) days after the date of notification, or immediately if you continue to use the Services after the notification is provided. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services.

13. Governing Law and Dispute Resolution

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

13.2 Any dispute, claim, or controversy arising out of or in connection with these Terms or the Services shall first be resolved through good-faith negotiation between you and Last Penny. If the dispute cannot be resolved through negotiation within thirty (30) days of the initial notice of the dispute, either party may submit the dispute to the competent court located in Kendrick, Idaho, United States, and you consent to the personal jurisdiction and venue of such court.

13.3 You waive any right to a jury trial in connection with any dispute arising out of or in connection with these Terms or the Services.

14. Miscellaneous

14.1 These Terms constitute the entire agreement between you and Last Penny regarding your use of the Services, and supersede all prior or contemporaneous agreements, understandings, or representations, whether written or oral.

14.2 If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

14.3 Last Penny’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or any other provision.

14.4 You may not rely on any statement or representation made by Last Penny that is not contained in these Terms or our Privacy Policy.

15. Contact Information

If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at:

Last Penny Game Studio LLCMailing Address: 201 E A St, Kendrick, ID 83537 USEmail: [email protected]

We will respond to your inquiry within a reasonable time, typically within five (5) business days.