A. Your Agreement With Us

1. Acceptance of These Terms

Sharematter, Inc., a Delaware corporation (“Chibitomo,” “we,” “our,” or “us”), provides an online creature game, played through our website and our iOS app (the “Service”). By using the Service you enter into a binding agreement with us and agree to these Terms of Service (the “Terms”) and to our Privacy Policy. If you do not agree, do not use the Service.

2. Personal, Non-Commercial Use

The Service is for your personal entertainment. You may not use it for commercial purposes, resell access to it, or operate it as a business without our written permission.

3. Minimum Age

You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you may only use the Service with the involvement of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your activity. If you are a parent or guardian and your child is using the Service, you are subject to these Terms.

B. Acceptable Use

1. Prohibited Conduct

While using the Service, you must not engage in conduct that is abusive or that violates applicable law or these Terms. Prohibited conduct includes:

• Cheating: exploiting bugs, duplicating items, Chibux, or Chibitomo, manipulating game state, or using any unofficial client, modification, injector, or memory editor.
• Automating the Service with anything other than the in-game companion we provide - scripts, macros, third-party bots, or automated clients are not permitted.
• Interfering with or overloading the Service, including excessive requests, scraping, reverse engineering, or probing our systems.
• Creating accounts in bulk or by automation, or running multiple accounts to gain an advantage in trades, battles, auctions, referral rewards, or promotional campaigns.
• Buying, selling, or trading accounts, Chibux, items, or Chibitomo for real money or anything of value outside the Service.
• Harassing, threatening, defrauding, or impersonating other players, or scamming them in trades.
• Using an account, a device, or a new signup to evade a suspension or ban.
• Attempting to access another player's account, or any part of the Service you are not authorized to use.

2. Prohibited Content

You are responsible for what you put into the Service - display names, garden layouts, listings, and anything else visible to other players. The following is not allowed:

• Harassing, abusive, threatening, hateful, or bullying content.
• Profanity, slurs, hate symbols, or graphic or violent content.
• Sexual content, solicitation, or nudity.
• Content promoting illegal conduct, scams, or malware.
• Content that infringes someone else's intellectual property or privacy.
• Impersonating another player, a real person, or a member of the Chibitomo team.

We may remove or change any content that violates these Terms, including forcing a change to a display name, and we may act on reports from other players. Report violations to humans@chibitomo.com.

3. Limits and Fair Play

We set limits on the Service - rate limits, energy costs, signup limits per device, storage caps, and similar - and we may change them to keep the game fair and the servers healthy. Attempting to circumvent them is a violation of these Terms.

C. Accounts

1. Your Account

Your account is yours alone and may not be sold, shared, rented, or transferred. You are responsible for everything that happens on it.

2. Sign-In Security

Chibitomo signs you in with a one-time code sent to your email address. Anyone with access to that email address, or to a device you have left signed in, can access your account. Keep both secure, and never share a sign-in code - we will never ask you for one.

3. Guest Accounts

You may start playing without an email address. A guest account exists only on the device that created it and cannot be recovered if that device is lost or the app's data is cleared. Attaching and verifying an email address makes the account recoverable and unlocks features that require a verified account.

4. Deleting Your Account

You can delete your account at any time from Settings → Delete my account. Deletion is permanent and takes your Chibitomo, items, Chibux, and garden with it.

D. Virtual Items & the Economy

1. No Ownership, No Cash Value

Chibux, items, Chibitomo, garden decorations, and every other in-game asset are licensed to you for use within the Service. You do not own them. They have no monetary value, are not your property, are not redeemable for money, and cannot be exchanged for anything of value outside the Service.

2. Trading Inside the Game

Trades, trade links, auctions, and gifts are features of the Service and are subject to it. Completed trades and auction sales are final - we do not reverse them because you changed your mind or made a bad deal. We may reverse transactions that resulted from a bug, an exploit, or fraud.

3. Real-Money Trading Is Prohibited

Selling, buying, or trading accounts or in-game assets for real money or off-service value is prohibited. It is the fastest way to lose both the assets and the account, and it is how players get scammed.

4. Balance Changes

Chibitomo is a live game. We may add, change, rebalance, or remove species, moves, items, prices, drop rates, areas, and features at any time. We may also correct account balances affected by a bug or an exploit. We do not owe compensation for changes to game content.

E. Purchases

1. Paying for Things

If we offer purchases - Chibux, subscription tiers, or other paid features - you are responsible for the amounts you incur, plus any applicable taxes. Prices are shown at the point of purchase and may change.

2. Purchases Made Through Apple

Anything you buy inside the iOS app is a transaction with Apple under Apple's terms. Apple handles billing, and refund requests for those purchases go to Apple, not to us.

3. Subscriptions

Subscriptions renew automatically at the then-current price until you cancel. Cancel through the store you subscribed with; cancelling stops the next renewal and does not refund the current term. When a subscription ends, features that required it stop working, and any content you accumulated while subscribed may become inaccessible.

4. Refunds

Except where required by law or handled by Apple, purchases of virtual items are final and non-refundable once delivered to your account. We may issue refunds at our discretion, and we may refuse or cancel a purchase in cases of error, fraud, or abuse.

5. No Refund on Termination

If we suspend or terminate your account for violating these Terms, you are not entitled to a refund of anything you have paid, and the virtual items on the account are forfeited.

F. Content & Ownership

1. Our Content

The Service - including its code, artwork, sprites, music, species, world, and the Chibitomo name and logo - belongs to us and is protected by intellectual property law. These Terms grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. You get no other rights, and you may not use our trademarks or artwork without written permission.

2. Your Content

You keep whatever rights you have in the content you create in the Service, such as your display name and your garden layout. You confirm you have the right to submit it. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, display, and distribute that content as needed to operate and promote the Service, and to sublicense those rights to the providers who help us run it. This license ends when the content is deleted, except for copies already made in backups or shared with other players.

3. Feedback

If you send us ideas, suggestions, or feature requests, we may use them freely, for any purpose, without credit or compensation to you.

4. Copyright Complaints

We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act. Send notices to humans@chibitomo.com with:

• Identification of the copyrighted work you claim was infringed.
• Identification of the material you claim is infringing, with enough detail for us to locate it.
• Your name, mailing address, telephone number, and email address.
• A statement that you believe in good faith the use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner.
• Your signature (a typed full name is sufficient).

We will remove or disable access to material covered by a valid notice, and we may terminate the accounts of repeat infringers.

G. Changes & Termination

1. Changes to These Terms

We may modify these Terms at any time by posting an updated version here with a new date. Continuing to use the Service after a change means you accept it. Check back from time to time.

2. Service Announcements

You agree to receive service messages from us by email and inside the Service - sign-in codes, security notices, changes to these Terms, and similar. If the email address on your account is invalid, notices sent to it are still considered delivered.

3. Suspension and Termination

We may suspend or terminate your account at our discretion, including for violating these Terms, cheating, abusing other players, fraud, or extended inactivity. When your account is terminated your right to use the Service ends immediately, and your account and its contents may be deleted.

4. Changing or Ending the Service

We may modify, suspend, deprecate, or discontinue any part of the Service, or the Service as a whole, at any time. We will try to give reasonable notice before shutting down something players depend on, but we are not obliged to keep the Service running forever, and we do not owe refunds for content you can no longer reach.

5. Survival

Provisions that by their nature should survive termination do survive it - including ownership, virtual item terms, disclaimers, limitations of liability, and indemnity.

H. Disclaimers & Liability

1. Provided “As Is”

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from a course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that game data will never be lost; or that the Service will meet your expectations. You use it at your own risk.

2. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, virtual items, or game progress, arising from or related to your use of or inability to use the Service, the conduct of any other player, or unauthorized access to your account.

To the maximum extent permitted by law, our total liability for all claims relating to the Service is limited to the greater of the amount you paid us in the twelve months before the claim arose, or fifty U.S. dollars ($50).

Some jurisdictions do not allow certain exclusions or limitations, so parts of the above may not apply to you.

3. Indemnification

You agree to indemnify and hold us harmless from any claim, loss, or expense (including reasonable legal fees) arising out of your use of the Service, your content, or your violation of these Terms or of any law or third-party right.

I. General Terms

1. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in San Francisco, California, and you consent to their personal jurisdiction.

2. Entire Agreement

These Terms and the Privacy Policy are the entire agreement between us about the Service and supersede any earlier agreement on the subject.

3. Severability

If any provision is found unenforceable, it will be modified to the minimum extent necessary, or removed, and the rest of these Terms remain in full force.

4. No Waiver

Our failure to enforce a provision is not a waiver of our right to enforce it later.

5. Assignment

We may assign these Terms in connection with a merger, acquisition, or sale of assets. You may not assign or transfer them or your account without our written consent.

6. Contact

The Service is operated by Sharematter, Inc., a Delaware corporation. Questions about these Terms go to humans@chibitomo.com. For account and gameplay problems, start at Help & Support.