Last Updated: April 25, 2025
Please read these Terms of Service (“Terms”) carefully before using any Poolhouse Games product. By accessing or using our games or related services, you agree to be bound by these Terms. If you do not agree, you must not use our services. These Terms apply to all current and future mobile games and services offered by Poolhouse Games (the “Services”), and all associated websites, forums, and online services. These Terms form a legal agreement between you and Poolhouse Games (referred to as “Poolhouse,” “we,” “us,” or “our”).
1.1 Acceptance. By downloading, installing, accessing, or using any of our games or Services, you confirm that you have read, understood, and agree to these Terms (and any referenced policies, such as our Privacy Policy) . If you access the Services through a third-party platform (like the Apple App Store or Google Play), you must also comply with their applicable terms and conditions . If you do not agree to these Terms, you must cease use of our Services immediately. Use of the Services is void where prohibited.
1.2 Changes to Terms. We reserve the right to modify or update these Terms at our sole discretion. We will notify you of material changes by posting the updated Terms on our website or in-game. The “Last Updated” date at the top indicates the latest revision. Your continued use of the Services after updated Terms are posted or effective constitutes your acceptance of the changes . If you do not agree to a revision of the Terms, you must stop using the Services. We may require you to affirmatively accept updated Terms in order to continue using the Services; if you fail to do so, you may be unable to continue use. Please review these Terms periodically for changes.
1.3 Scope. These Terms apply to all Poolhouse Games Services, including all games, in-app features, virtual items, content, and related websites or support services. This agreement covers current games and any future games or Services we provide, in perpetuity, until such time as the Terms are updated or terminated. We may develop additional guidelines, rules, or terms for specific events, promotions, or communities; if so, those additional terms will be incorporated by reference and also apply to your use of the Services .
2.1 Age Requirements. You must be at least 13 years old (or the minimum age of digital consent in your country) to use our Services . If you are under the age of majority in your jurisdiction (generally under 18), you affirm that your parent or legal guardian has reviewed and agreed to these Terms on your behalf, and that they will supervise your use of the Services . Poolhouse Games does not knowingly collect personal data from children under 13, and persons under 13 are not permitted to create accounts or use the Services. Parents/guardians of users under 18 are responsible for their minor’s activities and purchases on the Services .
2.2 Account Registration. To access certain features, you may need to create an account or log in via an approved third-party service (such as Facebook, Apple, or Google). You agree to provide truthful, current, and complete information during registration and to keep it updated. You are solely responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account . You must not share your account or allow others to access it, as you are responsible for any use (including unauthorized use) of your account . If you suspect any unauthorized access or security breach of your account, you must notify us immediately and change your password.
2.3 Account Ownership. Notwithstanding any use of terms like “your account,” you acknowledge that you have no ownership or property interest in any account you create on our Services . Accounts and all related data are the sole property of Poolhouse Games. We grant you a limited, revocable, non-transferable license to use our account system for the duration of the Terms. We may suspend, terminate, or delete accounts (and associated data, virtual items, or progress) at any time, for any reason or no reason, with or without notice . This includes if we believe you have violated these Terms or the law.
2.4 One Account Per User. You agree not to create more than one account for each game or Service, unless expressly permitted. You will not create an account using a false identity or information, or on behalf of someone other than yourself. You will not sell, rent, gift, or transfer your account to anyone else without our permission, nor attempt to buy or accept an account from another user. Any unauthorized account transfer is void and may result in termination of the account.
2.5 Account Security and Equipment. You are responsible for providing your own hardware, device, and internet connection to use the Services . We do not guarantee the Services will function on all devices or with all network connections. You are responsible for any data or carrier charges incurred from accessing the Services .
3.1 Privacy Policy. Your privacy is important to us. Our collection, use, and sharing of your personal data in connection with the Services are described in our Privacy Policy, which is incorporated into these Terms by reference. We encourage you to read the Privacy Policy to understand how we handle your information . By using the Services, you acknowledge that we will collect and process your personal data as outlined in the Privacy Policy, including information you provide to us and data we collect automatically, and you consent to such collection and processing.
3.2 Personal Data and Usage Data. You agree that Poolhouse Games may collect technical and usage information when you use the Services (e.g., device ID, IP address, gameplay data, and other related information) and may use third-party analytics or ad-serving services that collect data to provide a better experience. We use this data for purposes such as maintaining and improving the Services, personalizing content and ads, and ensuring safety and security. We will not sell your personal information to third parties, but we may share information with service providers and partners as described in the Privacy Policy.
3.3 Global Data Transfers. If you access the Services from outside the United States, you understand and consent that your information may be transmitted to, stored, and processed in the United States or other countries. You acknowledge that local laws may differ regarding data protection, and we will treat your information in accordance with U.S. law and our Privacy Policy . By using the Services, you consent to the transfer of your data to the U.S. and the application of U.S. law. Where applicable, we will take steps to ensure appropriate safeguards for international data transfers as required by law.
3.4 No Absolute Privacy; Monitoring. We strive to protect your personal data, but you understand that no data transmission or storage system can be guaranteed 100% secure. You also acknowledge that you have no expectation of privacy in any communications you make through the Services (for example, in-game chat or forums). We reserve the right to monitor, intercept, and/or record any user communications or content on the Services at any time, in accordance with our Privacy Policy, for the purpose of enforcing these Terms and protecting our legal rights or the rights of other users . By using the Services, you consent to such monitoring.
3.5 Third-Party Logins. If you choose to log in via a third-party platform (such as a social network), you authorize us to collect and use information from that platform as permitted by that platform and by our Privacy Policy. Your use of third-party platforms is subject to their own terms and privacy policies. We have no control over the data practices of these third parties.
For more details on our data practices, please see our Privacy Policy.
4.1 Virtual Currency and Goods. Our games may include virtual currency (e.g., coins, gems, tokens) (“Virtual Currency”) and virtual digital items or content (“Virtual Goods”) that can be earned or obtained within the game or purchased with real money . When you use the Services, any Virtual Currency or Virtual Goods you earn or purchase are licensed to you by Poolhouse Games for your personal, non-transferable, limited use within the game . You do not own Virtual Currency or Goods; you have a limited right to use them as part of the Services .
4.2 No “Real World” Value. Virtual Currency and Virtual Goods have no real-world monetary value and cannot be redeemed or exchanged for “real” money, goods, or services outside the game . Even if you “earn” or “buy” Virtual Currency or items in our games, you do not have any ownership interest in them, and you cannot transfer, gift, trade, or resell them to anyone else, except through the Services as explicitly allowed by us . Any purported transfer or sale of Virtual Currency or Goods outside of our Services (for example, via third-party marketplaces) is strictly prohibited, not recognized by Poolhouse, and may result in account termination . We reserve the right to confiscate or invalidate any Virtual Currency or Goods that we have reason to believe were acquired or transferred in violation of these Terms.
4.3 Purchasing Virtual Items. You may be given the option to purchase Virtual Currency or Virtual Goods with “real” money. All purchases of Virtual Currency or Goods are final and non-refundable, except at our sole and absolute discretion or as required by applicable law. When you make a purchase, you receive a limited license to use the purchased Virtual Items in the Services; no additional rights or title are transferred to you . Prices and availability of Virtual Currency and Goods are subject to change without notice. We may limit the total quantity of Virtual Items that may be purchased at any one time or limit the amount of Virtual Currency in your account. If you are under 18, you may make in-app purchases only with the involvement and approval of a parent or legal guardian. By buying Virtual Items, you represent that you are authorized to use the payment method and that you are either over 18 or have your parent/guardian’s consent.
4.4 App Store Transactions. Purchases of Virtual Currency or Goods are typically handled by the platform provider (e.g., Apple App Store or Google Play) you use to access the game. The platform provider’s terms and payment processes govern such transactions, and Poolhouse Games does not control the payment process or have access to your payment information. Be sure to review the applicable platform’s terms for in-app purchases. Poolhouse Games is not liable for errors by the platform or payment processor. We may receive confirmation from the platform when your transaction is complete, and the purchased Virtual Items will then be credited to your account. If you encounter any billing issues or delays in receiving Virtual Items, please contact customer support.
4.5 No Refunds; Withdrawal Rights. All charges and purchases of Virtual Currency or Goods are final. You will not receive money or any other compensation for unused Virtual Currency or Goods when an account is closed, whether such closure was voluntary or involuntary . At our discretion (or where required by law), we may provide a refund for unused Virtual Currency or Goods, for example if we discontinue a game entirely or if you accidentally made a duplicate purchase. Any refund requests will be evaluated case by case; note that platform store policies (Apple, Google, etc.) may also govern refund eligibility. In jurisdictions where the law provides a statutory “cooling-off” right or withdrawal period for digital content purchases, you acknowledge that we begin fulfillment of your order immediately upon purchase, and thus to the fullest extent permitted by law you waive any right to withdraw or cancel the purchase once the content is delivered (i.e., the Virtual Currency or Goods are credited to your account) . If any Virtual Goods or Currency do not function or deliver properly, please contact us for support; we may repair, replace, or provide an equivalent value item in our discretion, consistent with your rights under local law.
4.6 Changes to Virtual Items. The availability, type, and amount of Virtual Currency and Goods are dynamic and may change as we update and evolve our games. Poolhouse Games reserves the right to manage, regulate, control, modify, or eliminate Virtual Currency or Virtual Goods at any time, with or without notice . For example, we may introduce new items, discontinue old items, adjust how you can earn or purchase items, or change item attributes or values. Poolhouse has no liability to you or anyone for the exercise of such rights , and such changes are a necessary part of keeping our games fun. If we discontinue the Services or any portion thereof, any Virtual Currency or Goods associated with your account may be terminated and not replaceable. We will strive to give advance notice if we plan to sunset a game or significant Service feature.
4.7 Account Termination and Virtual Items. You acknowledge that if your account is terminated or suspended for any reason, you will lose access to your account and all Virtual Currency, Goods, or progress associated with it, and we are under no obligation to compensate you for any such loss . This holds whether the termination was voluntary (e.g., you deleting your account) or involuntary (e.g., due to your violation of these Terms).
5.1 Third-Party Content and Links. Our Services may display advertisements from us or third parties, or provide links to third-party websites, services, or products (collectively, “Third-Party Services”). For example, our games might show ads for other apps, or allow you to interact with a sponsor’s content, or link to our social media pages. Please note that we do not own or control Third-Party Services. If you access or click a third-party link, or interact with a third-party offering, you do so at your own risk – those Third-Party Services are governed by the third party’s own terms and privacy policies, not these Terms . Poolhouse Games is not responsible for and makes no representations or warranties regarding any Third-Party Services or any content, data practices, or products of third parties .
5.2 Advertising in Our Games. You understand that our games may include advertisements, product placements, or offer-based promotions. These ads may be integrated into gameplay (such as an in-game billboard or reward videos) or presented as separate content (like a pop-up video ad in exchange for in-game rewards). By using the Services, you agree to the display of advertising. If you do not want to see ads, some platforms may offer ad-free purchase options or subscription services (if we provide such options, details will be available in-game). We do not endorse any third-party products or services advertised, and any transactions you engage in with advertisers are between you and the advertiser. For example, if you tap an ad and are taken to a third-party app store or website to purchase something, that transaction is solely between you and that third party. Poolhouse Games will not be liable for any issues arising from such transactions.
5.3 Ad Serving and Data. We may use advertising networks and partners to serve ads in our Services. These partners may collect and use certain information about you and your device (such as device identifiers, geolocation, and usage data) to show relevant ads, in accordance with our Privacy Policy. You can learn more about our advertising practices and your choices (such as resetting your advertising identifier or limiting targeted ads) in our Privacy Policy.
5.4 Third-Party Login and Social Features. Our Services may integrate with third-party platforms (for example, an option to log in with Facebook or share your achievements on social media). Use of such features may enable the third party to collect data about you or your activity. Any third-party platform or service integrated with our games is considered a Third-Party Service under these Terms, and we are not responsible for their acts or omissions. You should review the terms of any such platform. We simply provide the integration for your convenience.
5.5 Links to Our Websites. You may link to our official websites or pages (such as a fan site linking to our homepage), provided you do so in a fair and legal manner that does not damage our reputation or suggest any form of association or endorsement. We reserve the right to withdraw linking permission without notice. You may not frame our site or Services within another site without our prior written permission .
6.1 Prohibited Conduct. We are committed to maintaining a safe and fair gaming environment. You agree that you will NOT engage in any of the following prohibited activities:
Engaging in any of the above prohibited conduct is a material breach of these Terms and can result in immediate suspension or termination of your account without notice, as well as any other remedies available to us by law. We reserve the right to determine what conduct we consider to be in violation of these rules or outside the intent or spirit of these Terms.
6.2 User-Generated Content. Our Services may allow players to create, submit, or share content such as profile information, chat messages, images, gameplay recordings, comments, or other materials (“User Content”). You retain any intellectual property rights you hold in the content you create (to the extent you have such rights), but by submitting or posting User Content, you grant Poolhouse Games a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly display, publicly perform, and otherwise exploit your User Content in connection with the Services (including for marketing and promotional purposes) in any media now known or hereafter developed . This license is necessary for us to operate the Services (for example, to display your chat messages to other players, or to use a level you design in-game as part of the game experience). You also hereby waive any moral rights or rights of publicity or privacy you may have in such content, to the extent permitted by law. Aside from the rights granted to Poolhouse Games under this license, you retain ownership of your User Content .
6.3 Content Standards. You are solely responsible for any User Content you create, upload, or share via the Services, and the consequences of sharing it . You represent and warrant that your User Content: (a) is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable; (b) does not infringe any third-party rights, including intellectual property rights (e.g., do not post content you do not have permission to use, such as music, art or text belonging to someone else) ; (c) does not violate any of the “Prohibited Conduct” rules in Section 6.1 (e.g., no hate speech or personal data of others); and (d) complies with all applicable laws. You agree that any User Content you provide is non-confidential and may be made available publicly. Do not share information in any User Content that you wish to remain private.
6.4 Content Monitoring and Management. We do not pre-screen all User Content and are not responsible for what users post or communicate on the Services . You understand that by using the Services, you may encounter User Content that you find offensive, indecent, or otherwise objectionable. We do not endorse any User Content that users post. However, we reserve the right (but have no obligation) to monitor, moderate, and/or review User Content and to remove, delete, or disable access to any User Content at our sole discretion, at any time, without notice, for any reason or no reason . This may include content that we determine to be in violation of these Terms or otherwise harmful to the Services or our users. We also reserve the right to terminate or suspend any user account that repeatedly or egregiously violates our content standards or other Terms.
6.5 Reporting Violations. If you see any behavior or content that violates these Terms or is otherwise objectionable, we encourage you to report it to us through the in-game reporting functions or contact our support team. We will review reports and take action at our discretion. Not all reports will result in removal of content or other action, and we may not respond directly to every report. Please use the reporting channels responsibly and do not make false reports.
6.6 Feedback. We appreciate feedback, comments, and suggestions from our players. If you choose to submit feedback or ideas about our games or Services (for example, suggestions for improvements or new features), you agree that Poolhouse Games is free to use or not use such feedback in any way and for any purpose without any compensation to you . Any feedback you provide is considered non-confidential and non-proprietary. You irrevocably assign to us all rights in any feedback and agree that we may have unrestricted use of it. This helps us avoid potential disputes if we implement ideas similar to feedback that we received.
7.1 By You. You may stop using our Services at any time. You may also delete your account (if applicable) by following the instructions within the game or contacting our support team. Keep in mind that upon deletion or termination of your account, you will lose access to any of your User Content or progress stored in the Services, as well as any Virtual Currency or Goods associated with the account (as described in Section 4.7). If you later wish to return, you may not be able to recover the previous account or data.
7.2 By Poolhouse Games. We may suspend or terminate your access to some or all of the Services at any time, with or without notice, if you breach these Terms or for any other reason (including prolonged inactivity), or even for no reason at all . We may also terminate the Services (or any part of them) as a whole, as described below. Termination can include disabling your account and/or blocking you from any further use of the Services. For example, we may suspend or ban your account if we determine that you have engaged in cheating or harassment, or if required by law enforcement. We will endeavor to notify you (e.g., via the email associated with your account) of the reason for termination or suspension when practicable, but we are not obligated to do so.
7.3 Effect of Termination. Upon any termination of your access, the rights granted to you under these Terms will immediately cease. You must cease all use of the Services, and you may not attempt to circumvent the termination (for example, by creating a new account without our permission). Any data or content associated with your account may be irretrievably deleted (except to the extent we are required or permitted to retain data under our Privacy Policy or applicable law). You will not be entitled to any refunds and we will have no liability to you for any losses (including loss of Virtual Items or User Content) resulting from termination of your access in accordance with these Terms .
7.4 Survival of Terms. Any provisions of these Terms which by their nature should survive termination (including but not limited to ownership provisions, licenses granted to us, warranty disclaimers, indemnities, limitations of liability, and dispute resolution provisions) shall survive the termination of your access to the Services .
7.5 Discontinuation of Services. We reserve the right to discontinue or modify the Services (or any portion of them) at any time. Games may be taken offline or made unavailable on app stores for various reasons (for example, if the game is no longer economically viable or if we are focusing on other projects). If we decide to shut down a game or service, we will try to provide advance notice to the community when possible. However, we may be unable to do so in all cases. After a Service is discontinued, you will not be able to access it, and no refunds or compensation will be provided for any unused Virtual Items, progress, or other data, except as we may determine at our discretion or as required by law.
8.1 Ownership of Our Content. All rights, title, and interest in and to the Services (including our games and all content therein) are and will remain the exclusive property of Poolhouse Games and its licensors. This includes all software, code, titles, characters, stories, dialogue, concepts, artwork, animations, graphics, images, videos, sounds, musical compositions, audiovisual effects, methods of operation, documentation, and other content in the games, as well as all trademarks, service marks, and logos associated with Poolhouse Games. Our content is protected by copyright, trademark, patent, trade secret, and other intellectual property laws in the U.S. and internationally . Poolhouse Games reserves all rights not expressly granted to you in these Terms. You agree not to remove, obscure, or alter any copyright, trademark, or other proprietary rights notices that may be affixed to or contained within the Services.
8.2 Your Limited License to Use the Services. Subject to your compliance with these Terms, Poolhouse Games grants you a personal, non-commercial, non-exclusive, non-transferable, revocable, limited license to download and use our games and Services for your individual entertainment purposes only . This license is provided solely for you to enjoy our games in the manner permitted by these Terms. You obtain no ownership or property rights in the Services or any of its content by purchasing or downloading our games or any Virtual Items; what we provide to you is a license. Any use of the Services outside of what is authorized in these Terms is strictly prohibited and can result in immediate termination of this license.
8.3 License Restrictions. Except as expressly permitted by us in writing, or to the extent that such restrictions are impermissible under applicable law, you agree that you will NOT, in whole or in part:
If you violate any of these license restrictions, or otherwise use the Services in an unauthorized manner, we may revoke the limited license granted to you under these Terms (and this is in addition to any other rights we may have against you under law or equity). We may also take technical measures to prevent unauthorized use, and you agree not to circumvent such measures.
8.4 User Content License to Poolhouse. As explained in Section 6.2, you grant us a license to use any User Content you create in connection with the Services. We clarify here that this includes the right for us to copy, repost, or otherwise use fan art, suggestions, or other content you publicize related to the game, without compensation to you. However, nothing in these Terms transfers ownership of your original content to us; you simply give us permission to use it.
8.5 Poolhouse’s Rights to Manage Service. All aspects of the game and Services are controlled by Poolhouse Games. We may, at our sole discretion, manage, regulate, modify, or eliminate any element of the game (including any virtual universe, gameplay mechanics, or items) with or without notice. For example, if we find that an item is unbalanced, we may adjust its properties; if a feature is being misused, we may remove or change it. You acknowledge that such actions may affect the perceived value or functionality of your game experience, and that we will not be liable to you for these decisions .
8.6 DMCA/Copyright Infringement Policy. Poolhouse Games respects the intellectual property rights of others and expects users to do the same. If you believe that any content in our Services infringes your copyright, you may send us a notice requesting removal of the content or disabling of access to it, per the Digital Millennium Copyright Act (DMCA) or similar laws. The notice should include the required information (your contact info, identification of the copyrighted work and allegedly infringing material, a statement of good faith belief in infringement, etc.). Upon receipt of a proper DMCA notice, we will investigate and, if appropriate, remove the infringing content. It is our policy to terminate the accounts of repeat infringers in appropriate circumstances . For detailed instructions on how to submit a DMCA notice, please refer to our Copyright Policy or contact our designated copyright agent via our contact information provided.
9.1 “As-Is” Basis. Your use of the Services is at your own sole risk. To the fullest extent permitted by applicable law, the Services (including our games, websites, and all content and software associated therewith) are provided “AS IS” and “AS AVAILABLE,” without any warranty of any kind, either express or implied . Poolhouse Games, on behalf of itself and its affiliates and licensors, expressly disclaims any and all warranties and representations of any kind, whether statutory, express, or implied, oral or written, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade . We make no guarantees that the Services will meet your requirements or expectations, or that they will be uninterrupted, error-free, secure, or free of viruses or other harmful components .
9.2 No Warranty on Service Quality. Poolhouse Games does not warrant or guarantee that you will be able to access the Services at any particular time or from any particular device or location, that the Services will be continuous or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components . We cannot guarantee the continuous, error-free, secure, or virus-free operation of the Services or your account. Any information or advice obtained through the Services does not create any warranty not expressly stated in these Terms.
9.3 Third-Party Content. Poolhouse Games makes no representations or warranties regarding any content, information, or materials that you obtain through the Services or any Third-Party Services (including advertisements) . We do not warrant or endorse any third-party product or service that may be advertised or offered through our games. Any dealings you have with third parties are at your own risk.
9.4 Exceptions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain rights of consumers. If any law applies to you that prohibits these warranty disclaimers, then to the extent permitted by law, Poolhouse Games limits the duration and scope of any required warranties to the minimum permitted. This Section 9 is not intended to disclaim liability for matters which cannot be excluded under applicable law (see Section 10.4 below).
In summary, we provide our Services to you on an “as-is” basis – we hope you enjoy using them, but if not, your only remedy is to stop using the Services.
10.1 Limitation on Types of Damages. To the maximum extent permitted by law, Poolhouse Games and its directors, officers, employees, agents, partners, and affiliates will not be liable to you for any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages that are not direct and foreseeable, arising out of or in connection with these Terms or your use of (or inability to use) the Services . This includes, without limitation, any loss of profits, loss of data, loss of goodwill, device failure or malfunction, or for any other damage or losses, even if we have been advised of the possibility of such damages . We will not be liable for any interruption of service, corruption of data, or the cost of procurement of substitute services. We also disclaim any liability for any act, omission or conduct of any third-party users, advertisers, or partners on the Services. For example, we are not responsible for the behavior of other players, or for any unauthorized access to or alteration of your transmissions or data, or for any content sent or received using our Services.
10.2 Limitation on Amount of Liability. In no event shall Poolhouse Games’ total cumulative liability to you for all claims relating to or arising out of your use of the Services exceed the total amount (if any) of fees you paid to Poolhouse Games for the specific Service at issue in the 6 months immediately preceding the event giving rise to the claim, or one hundred U.S. dollars (USD $100), whichever is greater. If you have not paid any fees to Poolhouse Games for the use of any Service, Poolhouse Games’ total liability to you shall be $0, and your sole remedy for dissatisfaction with the Service is to stop using it.
10.3 Additional Liability Terms. The limitations of liability in this Section 10 apply whether the alleged liability is based on contract, tort (including negligence), strict liability, or any other basis, even if Poolhouse Games has been advised of the possibility of such damage. You acknowledge and agree that the above disclaimers and limitations of liability are fundamental elements of the basis of the bargain between you and Poolhouse Games and that Poolhouse Games would not be able to provide the Services on an economically reasonable basis without these limitations.
10.4 Exceptions for Certain Jurisdictions. Nothing in these Terms is intended to exclude or limit our liability for: (a) death or personal injury caused by our gross negligence or willful misconduct; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be excluded or limited under applicable law (such as certain statutory warranties under consumer laws). Some jurisdictions do not allow the exclusion or limitation of certain damages, in which case some of the above limitations and exclusions may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by law. For example, if you are a consumer in the European Union, you may have certain mandatory rights that cannot be contractually limited – we do not seek to limit your rights beyond what is permitted by law.
10.5 Release. You agree that you release Poolhouse Games from any and all liability or obligations arising from the acts or omissions of other users or third parties (including unauthorized users, or “hackers”). If you have a dispute with another user or any third party (such as an advertiser or external platform) as a result of your use of the Services, you release Poolhouse Games (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind or nature arising out of or in any way connected with such disputes.
11.1 You Agree to Indemnify. You agree to defend, indemnify and hold harmless Poolhouse Games and its parent, affiliates, licensors, and each of their respective officers, directors, employees, agents and representatives (“Poolhouse Parties”) from and against any and all claims, demands, lawsuits, liabilities, damages, losses, and expenses (including attorneys’ fees and costs) arising out of or related to: (a) your use or misuse of the Services; (b) your breach or violation of these Terms or any policy referenced herein; (c) your violation of any law or regulation or of any rights of any third party (for example, infringement of someone’s intellectual property or privacy rights by you); or (d) any User Content or feedback you provide. You agree to reimburse the Poolhouse Parties on demand for any losses, costs, or expenses they incur as a result thereof .
11.2 Poolhouse’s Right to Defense and Control. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter). In that case, you agree to cooperate with our defense of that claim. You will not settle any claim that affects Poolhouse Games or any Poolhouse Party without our prior written approval.
11.3 Continuing Obligation. Your indemnification obligation will survive any termination of your account or the Services. Poolhouse Games will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Please read this section carefully. It affects your rights, as it requires arbitration of most disputes instead of court litigation and includes a waiver of class actions. By agreeing to these Terms, you agree to these arbitration and class-action waiver provisions.
12.1 Initial Dispute Resolution. Most disputes or issues can be resolved informally by contacting our customer support team. You agree to try to resolve any dispute informally before resorting to formal legal action. If you have a dispute with Poolhouse Games, you must first send a written notice to us at our contact address (or email) describing the nature of the dispute and the relief you seek. Both you and Poolhouse will negotiate in good faith to resolve the dispute. If we are unable to resolve the dispute informally within 30 days, either party may then proceed to seek resolution through arbitration as set forth below.
12.2 Binding Arbitration. Except for the exceptions described in Section 12.4 below, you and Poolhouse Games agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) shall be resolved exclusively by final and binding arbitration on an individual basis, rather than in court. This includes claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. “Dispute” shall be interpreted broadly to include any claim between you and us or our affiliates relating to your use of the Services or these Terms, including claims that arose before you accepted these Terms (such as claims related to advertising) and after you cease using the Services. By agreeing to arbitrate, you are waiving your right to a jury trial and to have your dispute decided by a judge or jury.
Arbitration is a process that is more informal than a lawsuit in court. Instead of a judge or jury, the dispute is resolved by a neutral arbitrator. The arbitrator’s decision is final and binding, with only very limited review by a court. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
12.3 Arbitration Procedure. The arbitration will be administered by a reputable arbitration organization (such as the American Arbitration Association (AAA) or JAMS) in accordance with that organization’s rules applicable to consumer disputes. Unless you and Poolhouse Games agree otherwise, the arbitration will be conducted in English and, at your choice, (a) via telephone or video conference, (b) based on written submissions, or (c) in person in the county where you live or another mutually agreed location. Payment of all filing, administration and arbitrator fees will be governed by the arbitration provider’s rules. We will reimburse your arbitration filing fees for claims totaling less than $5,000 unless the arbitrator finds your Dispute frivolous or brought for an improper purpose. Likewise, Poolhouse Games will not seek attorneys’ fees from you in arbitration unless the arbitrator determines your claims are frivolous.
The arbitrator shall follow the Federal Arbitration Act (FAA) and applicable law, and may award the same individual relief (including statutory damages and attorneys’ fees) that a court of competent jurisdiction could. However, the arbitrator may not award declaratory or injunctive relief on behalf of anyone who is not a party to the arbitration. Any judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.
12.4 Exceptions to Arbitration. Notwithstanding the foregoing, either you or Poolhouse Games may choose to bring an individual action in a U.S. small claims court (if the claim qualifies) instead of proceeding with arbitration, as long as the action remains in that court and is on an individual (non-class) basis. In addition, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration. In such cases, the parties agree that any such court action shall be brought exclusively in the state or federal courts located in the State of Texas, USA, and both parties consent to venue and personal jurisdiction in those courts for such purposes.
12.5 Class Action Waiver. You and Poolhouse Games agree that all Disputes will be resolved by binding arbitration on an individual basis only. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION with respect to the Services or these Terms . The arbitrator is only authorized to resolve disputes between you and Poolhouse Games, and cannot consolidate claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and Poolhouse’s right to appeal the court’s decision. All other claims will be arbitrated.
12.6 30-Day Right to Opt Out. You have the right to opt out of and not be bound by the arbitration and class action waiver provisions in this Section 12 by sending written notice of your decision to opt out to Poolhouse Games Legal Department. The notice must be sent within 30 days of your first use of the Services or, if this Section 12 is later added or updated, within 30 days of when that change was communicated to you. Your notice must include your name, mailing address, the email address associated with your account (if any), and an explicit statement that you opt out of the arbitration agreement. If you opt out of arbitration in accordance with this Section, the other parts of these Terms (including the class action waiver) will still apply. Opting out of this arbitration agreement will not negatively affect your relationship with Poolhouse Games or your ability to use the Services. If you do not opt out within the 30-day period, you will be bound by the arbitration agreement and class action waiver in this Section.
12.7 Governing Law for Arbitration. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §1 et seq.), and not by any state arbitration law. The arbitrator will decide whether a dispute can be arbitrated. However, if any portion of this Section 12 (other than the Class Action Waiver) is found to be invalid or unenforceable, it shall not affect the remaining provisions of this Section. If the Class Action Waiver (12.5) is found to be unenforceable, then the entirety of this Section 12 (Arbitration Agreement) shall be null and void.
12.8 Continuation. This Dispute Resolution and Arbitration section shall survive any termination of these Terms or of your account or the Services. Even if you opt out of the arbitration provision, or if the arbitration provision is found to be unenforceable, the exclusive jurisdiction and venue of any claims will be the state and federal courts located in the State of Texas, as provided in Section 13 below. You agree that any claim arising out of or related to the Services or these Terms must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred (this limitations period does not apply where prohibited by law).
13.1 Governing Law. These Terms and any dispute or claim arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Texas, USA, and, to the extent applicable, the federal laws of the United States, without giving effect to any conflict of law principles that would result in the application of the laws of another jurisdiction . If you are using the Services outside of the United States, you understand and agree that U.S. law shall apply to the extent not prohibited by mandatory local law.
13.2 Jurisdiction and Venue. Subject to the arbitration provisions in Section 12, you and Poolhouse consent to the exclusive jurisdiction of the state and federal courts located in Texas for the resolution of any dispute that is not subject to arbitration. You agree that any non-arbitrable claims or disputes shall be brought exclusively in the courts located in Texas, and you waive any objections to the exercise of jurisdiction by such courts and to venue in those courts (including any objection based on inconvenient forum).
13.3 Global Use. We recognize that our Services may be accessed globally and that different jurisdictions have different laws. While our operations are governed by U.S. law, if you are a consumer residing in a jurisdiction with consumer protection laws that require a different application of law or venue, those laws may apply to the extent required. You may have additional rights under mandatory law, such as the laws of the country in which you reside, and these Terms do not limit those rights where it is prohibited to do so. In particular, nothing in these Terms affects any rights you may have under the law of your country of residence, including EU consumer rights, where applicable.
13.4 Compliance with Local Laws. While we make our games available for players around the world, we make no representation that the Services are appropriate or available in any particular location. If you choose to access or use the Services, you do so at your own initiative and are responsible for compliance with any local laws applicable to your use. You agree to comply with all U.S. and other export laws and regulations to ensure that neither the Services nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations . This means you cannot use or download our games if you are in a country embargoed by the United States, or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals or other government sanction list.
14.1 Entire Agreement. These Terms (including any additional terms and policies incorporated by reference) constitute the entire agreement between you and Poolhouse Games regarding the Services and supersede all prior or contemporaneous understandings and agreements between the parties, whether written or oral, regarding the subject matter herein . You acknowledge that you have not relied on any statement, promise, or representation by Poolhouse or our affiliates or any other party except as expressly stated in these Terms.
14.2 Severability. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms and shall be modified or eliminated to the minimum extent necessary, and the remainder of the Terms will continue in full force and effect. In other words, if one part of the contract is invalid, the rest remains valid.
14.3 No Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision or of any other provision. A waiver by us of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Poolhouse Games. If we do not immediately take action on a violation by you or others, it does not mean we are giving up any rights under these Terms or that we endorse the wrongful conduct.
14.4 Assignment. Poolhouse Games may assign or transfer these Terms, in whole or in part, to any person or entity at any time without your consent, including in connection with a merger, acquisition, or sale of assets, or by operation of law. These Terms will inure to the benefit of Poolhouse’s successors and assigns . You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent; any attempted assignment without such consent will be null.
14.5 Relationship of Parties. You and Poolhouse Games are independent contractors, and nothing in these Terms is intended to create any partnership, joint venture, employment, or agency relationship between us. Neither party has any authority to bind the other or to act on behalf of the other.
14.6 Notices. We may provide you with notices, including those regarding changes to these Terms or other important updates, by email (if we have your email on file), through postings within the Services, or through any other reasonable means. All notices given by you or required from you under these Terms (such as legal disputes, or notices of copyright infringement) shall be in writing.
14.7 Equitable Remedies. You acknowledge that your breach of these Terms may cause irreparable harm to Poolhouse Games for which monetary damages would not be an adequate remedy. Thus, if you breach certain sections of these Terms (such as the license restrictions or intellectual property provisions), we may seek injunctive or other equitable relief (such as a court order to stop your actions) in addition to any other remedies we may have at law.
14.8 Interpretation. The headings in these Terms are for convenience only and have no legal effect. Words like “including” or “include” shall be construed without limitation. If we say “may,” it means we have the right but not the obligation. If any translated version of these Terms conflicts with the English version, the English version controls.
14.9 Contact Information. If you have any questions, concerns, or feedback about these Terms or our Services, please contact us. We will do our best to address your inquiry.
14.10 Effective Date. These Terms of Service are effective as of the “Last Updated” date stated above.
By using Poolhouse Games’ Services, you acknowledge that you have read and agree to these Terms. Thank you for reviewing our Terms of Service.