Terms & Conditions

These Terms & Conditions ("Terms") govern the relationship between you and Nikolai Iakubovskii (Calle Emilio Tuya, 37, Gijon, Asturias, 33202, Spain) ("we," "us," or "our") regarding your use of the MistyWay mobile application, website, and related services (the "Service").

Before accessing or using the Service, you must agree to these Terms and our Privacy Policy. By registering for an account or otherwise using the Service, you represent that you are at least 13 years old. If you are between 13 and 16 and located in the EU, your parent or legal guardian must consent to these Terms on your behalf.

By installing, using or otherwise accessing the Service, you agree to these Terms. If you do not agree, please do not install, use or otherwise access the Service.

1. License

1.1. Grant of a Limited License

Subject to your agreement and continuing compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes.

The following restrictions apply:

• You shall not create an account if you are under the age of 13.
• You shall not purchase, sell, rent or give away your account, or create an account using a false identity.
• You shall use your account only for non-commercial purposes.

1.2. License Limitations

You agree that you will not, under any circumstances:

• Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software
• Modify any files that are part of the Service without express written consent
• Disrupt or overburden any server used to support the Service
• Attempt to gain unauthorized access to the Service or other accounts
• Post abusive, threatening, obscene, or offensive information
• Reverse engineer, decompile, or disassemble any part of the Service

1.3. Suspension and Termination

We may limit, suspend, terminate, modify, or delete accounts or access to the Service if you fail to comply with these Terms or for any actual or suspected illegal or improper use of the Service.

We reserve the right to terminate accounts that have been inactive for 180 days. Before terminating an inactive account, we will send a notification to your registered email address at least 30 days in advance.

2. Ownership

All rights, title and interest in and to the Service are owned by us. You acknowledge and agree that you have no ownership or other property interest in the account, and that all rights in and to the account are and shall forever be owned by us.

We own all virtual items, virtual currency, and other content that appears in the Service.

3. User Content

You are solely responsible for the information that you post on, through, or in connection with the Service (such as parallax notes and display names).

By submitting user content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content in connection with operating and improving the Service. This license ends when you delete the content or your account, except where the content has been shared with other users who have not deleted it.

We reserve the right to remove user content that violates these Terms or is reported by other users. Content may be automatically hidden after reaching a certain number of reports.

4. Subscriptions and In-App Purchases

4.1. Premium Subscription

The Service offers optional premium subscriptions ("MistyWay Premium") available in the following plans:

• Weekly — auto-renewing every 7 days
• Monthly — auto-renewing every month
• Yearly — auto-renewing every year

Prices are displayed in the app at the time of purchase and may vary by region. All prices include applicable taxes.

4.2. Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period. Your app store account will be charged for renewal within 24 hours before the end of the current period.

4.3. How to Cancel

You can cancel your subscription at any time through your device's subscription settings:

• iOS: Settings → Apple ID → Subscriptions → MistyWay
• Android: Google Play Store → Subscriptions → MistyWay

Cancellation takes effect at the end of the current billing period. You will retain access to premium features until then.

4.4. Refunds

All purchases are processed by Apple or Google. Refund requests must be submitted to the respective app store. We do not process refunds directly.

4.5. EU Right of Withdrawal

If you are located in the EU, you have a 14-day right of withdrawal for digital content purchases. However, by making a purchase and beginning to use the digital content, you expressly consent to the immediate performance of the contract and acknowledge that you lose your right of withdrawal once the digital content is fully delivered.

5. Health Data Disclaimer

The Service converts your real-world steps into in-game progress. Step counts, estimated distance, calories, and active time displayed in the app are approximations and should not be used as medical or health advice. The Service is an entertainment product, not a medical device.

6. Updates to the Service

You acknowledge and agree that we may update the Service and games, with or without notifying you. We may also require you to update to the latest version to continue using the Service.

7. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis for your use, without warranties of any kind, express or implied. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

8. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable to you for any indirect, incidental, consequential, special, punitive, or other similar damages, including loss of data or loss of profits.

Nothing in these Terms shall affect the statutory rights of any consumer, or exclude or restrict any liability resulting from gross negligence, willful misconduct, or fraud, or any liability that cannot be excluded under applicable law.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Spain.

Any dispute arising from these Terms shall be submitted to the exclusive jurisdiction of the courts of Gijon, Asturias, Spain. However, if you are a consumer in the EU, you may also bring proceedings in the courts of your country of residence.

You may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

10. Changes to These Terms

We may modify these Terms at any time. If we make material changes, we will notify you via email or in-app notification at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

11. Severability

If any portion of these Terms is found illegal or unenforceable, such provision shall be ineffective solely to the extent of such determination without affecting the remaining provisions.

12. General Provisions

• Assignment: We may assign these Terms at any time. You may not assign without prior written consent.
• Entire Agreement: These Terms, together with the Privacy Policy, contain the entire understanding between you and us.
• No Waiver: Our failure to enforce any provision shall not be construed as a waiver.
• Notices: We may notify you via the app, email, or postings on our website.
• Force Majeure: We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control.