Terms of Service

These Terms of Service ("Terms") govern your access to and use of Mermaid Magic, including our games, websites, applications, and related services (collectively, the "Service") provided by Montis Apex Inc. ("Montis Apex," "we," "our," or "us"), with its principal business address at:

By downloading, installing, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must discontinue your use of the Service.

1. Eligibility

You must be at least 13 years of age to access or use the Service, or such higher minimum age as may be required in your jurisdiction.

If you are under the age of majority in your jurisdiction, your parent or legal guardian must review and agree to these Terms on your behalf.

You are responsible for ensuring that your use of the Service complies with all applicable laws and regulations.

If applicable law prohibits you from accessing or using the Service, you may not use the Service.

2. Account Registration and Security

Certain features of the Service may require you to create or maintain an account.

If you create an account:

• You agree to provide accurate, complete, and current information.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for activities conducted through your account, except to the extent caused by circumstances outside your reasonable control.
• You must promptly notify Montis Apex if you believe your account or credentials have been accessed or used without authorization.
• You may not create an account using false information or impersonate another person.

We reserve the right to suspend or terminate accounts that violate these Terms or applicable law.

3. Limited License

Subject to your compliance with these Terms, Montis Apex grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service solely for your personal, non-commercial entertainment purposes.

Except as expressly permitted by applicable law or these Terms, you may not:

• Copy, reproduce, modify, or distribute the Service;
• Reverse engineer, decompile, disassemble, or attempt to derive source code from the Service;
• Rent, lease, sell, sublicense, or commercially exploit the Service;
• Remove copyright, trademark, or other proprietary notices;
• Use the Service to develop or operate a competing product; or
• Use automated systems to access or interact with the Service without our authorization.

All rights not expressly granted to you are reserved by Montis Apex and its licensors.

4. User Conduct

You agree that you will not:

• Use cheats, hacks, bots, exploits, automation software, or unauthorized third-party tools;
• Modify, interfere with, or disrupt the operation of the Service;
• Attempt to gain unauthorized access to accounts, systems, networks, or data;
• Circumvent security or technical measures used to protect the Service;
• Upload, transmit, or distribute unlawful, abusive, defamatory, threatening, obscene, fraudulent, infringing, or otherwise objectionable content;
• Use the Service for fraudulent, deceptive, or unlawful purposes;
• Interfere with another user's enjoyment of the Service;
• Conduct unauthorized commercial activities through the Service; or
• Encourage or assist another person to violate these Terms.

Montis Apex reserves the right to determine, in its reasonable discretion, whether conduct violates these Terms and to take appropriate action.

5. Virtual Items and Digital Content

The Service may include virtual currency, virtual items, cosmetic items, game content, subscriptions, or other digital features ("Digital Content").

Unless otherwise expressly stated:

• Digital Content is licensed to you and is not sold to you.
• Digital Content has no cash value and may not be redeemed for cash or other monetary value.
• You do not acquire ownership rights in Digital Content.
• Digital Content may be used only within the Service.
• Digital Content may not be transferred, sold, traded, or exchanged outside the Service unless expressly authorized by us.

We may modify, suspend, or discontinue Digital Content or related features where reasonably necessary for the operation or development of the Service.

Where purchases are available, they may be processed through an applicable app store, payment processor, or other authorized payment service.

Except where required by applicable law or applicable platform policies, purchases of Digital Content are final and non-refundable.

6. Purchases and Payment

Where the Service offers paid digital content or other purchases:

• You agree to provide accurate payment and billing information where required.
• Payments may be processed by third-party payment processors or platform providers.
• We may rely on the payment processor or platform provider to authorize and process transactions.
• You authorize the applicable payment provider to charge your selected payment method for purchases you initiate.
• Prices and available purchase options may change from time to time.
• Any applicable taxes or fees may be added to the purchase price as required by law.
• You are responsible for reviewing the transaction details before completing a purchase.

7. Subscriptions

Certain features of the Service may be offered through recurring subscription plans.

Where subscriptions are available:

• Subscription terms, pricing, billing frequency, and renewal conditions will be presented before purchase.
• Unless canceled before the applicable renewal date, a subscription may automatically renew in accordance with the applicable subscription terms.
• You authorize the applicable platform or payment provider to charge your selected payment method for renewal charges.
• Subscription management and cancellation may be handled through the Apple App Store, Google Play, or another authorized platform, depending on where the subscription was purchased.
• Cancellation generally prevents future renewals but does not necessarily provide a refund for the current billing period, except where required by applicable law or platform policies.

8. Refund Policy

Where purchases are available through third-party platforms:

• Purchases made through the Apple App Store, Google Play, or another third-party platform may be subject to that platform's refund policies and procedures.
• Refund requests for purchases processed directly by a third-party platform should generally be submitted through that platform.
• Where applicable law provides mandatory refund rights, those rights will not be limited by these Terms.
• We may investigate and take appropriate action regarding fraudulent refund requests, payment abuse, chargeback manipulation, or other misuse of payment systems.

Nothing in this section limits any rights you may have under applicable consumer protection laws.

9. User Content

Certain features of the Service may allow you to submit or share usernames, player names, messages, screenshots, feedback, or other materials ("User Content").

You retain any ownership rights you may have in your User Content.

By submitting User Content through the Service, you grant Montis Apex a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, display, distribute, and otherwise use that User Content as reasonably necessary to operate, maintain, improve, and promote the Service.

You represent and warrant that:

• You have the necessary rights to submit the User Content;
• Your User Content does not violate applicable law;
• Your User Content does not infringe or misappropriate the rights of another person; and
• Your User Content does not contain malicious software or other harmful code.

We may remove or restrict User Content that we reasonably believe violates these Terms, applicable law, or the rights of others.

10. Intellectual Property

The Service and all associated materials, including:

• Games and game mechanics;
• Software and code;
• Artwork and graphics;
• Characters and visual designs;
• Music and sound effects;
• Logos and trademarks;
• Text and other content; and
• Other intellectual property

are owned by or licensed to Montis Apex and are protected by applicable intellectual property laws.

Except for the limited license expressly granted in these Terms, nothing in these Terms transfers any ownership interest or intellectual property rights to you.

Mermaid Magic and related names, logos, artwork, and branding may be trademarks or proprietary materials of Montis Apex or its licensors.

11. Privacy

Your use of the Service is also governed by our Privacy Policy.

The Privacy Policy explains how we collect, use, disclose, retain, and protect personal information in connection with the Service.

By using the Service, you acknowledge that your information may be processed as described in our Privacy Policy.

12. Third-Party Services

The Service may integrate with or depend on third-party services, platforms, or technologies, including:

• Apple App Store;
• Google Play;
• Analytics providers;
• Advertising and attribution providers;
• Cloud hosting and infrastructure providers;
• Payment processors;
• Customer support services; and
• Other technology or service providers.

Third-party services may be governed by their own terms and privacy policies.

Montis Apex does not control and is not responsible for the availability, functionality, policies, security, or content of third-party services.

Your use of third-party services is subject to the applicable third party's terms and policies.

13. Service Availability and Changes

We may modify, update, suspend, or discontinue all or any portion of the Service from time to time.

Changes may include:

• Adding or removing features;
• Updating game content;
• Modifying gameplay mechanics;
• Fixing bugs or security issues;
• Changing technical requirements; or
• Discontinuing particular features or services.

We do not guarantee that any particular feature, content, or functionality will remain available indefinitely.

Where reasonably practicable, we may provide notice of material changes or discontinuation, subject to operational, legal, or security considerations.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

MONTIS APEX DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• NON-INFRINGEMENT;
• ACCURACY;
• AVAILABILITY;
• RELIABILITY; AND
• UNINTERRUPTED OR ERROR-FREE OPERATION.

We do not guarantee that the Service will always be available, secure, accurate, complete, or free from errors, interruptions, viruses, or other harmful components.

Some jurisdictions do not permit certain warranty exclusions, so some of these limitations may not apply to you.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MONTIS APEX, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:

• THE TOTAL AMOUNT YOU PAID TO MONTIS APEX FOR THE SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
• ONE HUNDRED U.S. DOLLARS (US$100).

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

16. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Montis Apex, its affiliates, officers, directors, employees, licensors, service providers, and business partners from claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising from or relating to:

• Your use or misuse of the Service;
• Your violation of these Terms;
• Your violation of applicable law or regulation;
• Your infringement or misappropriation of third-party rights; or
• User Content submitted by you.

17. Suspension and Termination

We may suspend, restrict, or terminate your access to the Service if:

• You violate these Terms;
• You engage in fraudulent, unlawful, abusive, or harmful conduct;
• Your use creates a security or operational risk;
• Your account is associated with unauthorized activity; or
• Suspension or termination is reasonably necessary to comply with applicable law.

We may also discontinue all or part of the Service at any time, subject to applicable law.

Upon termination, your license to access and use the Service will immediately end, except for provisions that by their nature should survive termination.

18. Governing Law and Dispute Resolution

These Terms shall be governed by and interpreted in accordance with the laws of the State of Colorado, United States, without regard to its conflict-of-law principles, except to the extent applicable law requires otherwise.

Before initiating formal legal proceedings, you agree to contact Montis Apex at:

[email protected]

and make a reasonable effort to resolve the dispute informally.

Unless otherwise required by applicable law, any dispute arising out of or relating to these Terms or the Service shall be subject to the jurisdiction of the state or federal courts located in Colorado, United States.

Nothing in this section prevents you from exercising rights or pursuing remedies that cannot lawfully be waived under applicable consumer protection or other mandatory laws.

19. Changes to These Terms

We may revise these Terms from time to time to reflect changes in:

• The Service;
• Our business practices;
• Applicable technologies;
• Legal or regulatory requirements; or
• Other operational considerations.

When we update these Terms, we will revise the Effective Date at the top of this document.

Updated Terms become effective when posted on the applicable website or Service, unless otherwise stated.

Your continued use of the Service after the updated Terms become effective may constitute acceptance of the revised Terms to the extent permitted by applicable law.

20. Contact Information

If you have questions, concerns, or requests regarding these Terms or the Service, you may contact us at:

By downloading, installing, accessing, or using Mermaid Magic or any related Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

© 2026 Montis Apex Inc. All rights reserved.