End User License Agreement

1. Agreement

THIS END USER LICENSE AGREEMENT, TOGETHER WITH THE PRIVACY POLICY WHICH IS INCORPORATED BY REFERENCE, SETS FORTH THE LEGALLY BINDING AGREEMENT ("AGREEMENT") BETWEEN YOU (AN INDIVIDUAL) AND DESOLINE INC. ("DESOLINE", "US", "OUR" OR "WE"). THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE BRAWLNEST GAME FOR ANDROID, INCLUDING ITS UPDATES AND DOCUMENTATION (THE "SOFTWARE"), AND ANY ACCOMPANYING FEATURES AND SERVICES WE OFFER THROUGH IT (TOGETHER, THE "SERVICES"). PLEASE READ THESE TERMS CAREFULLY. BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE. DESOLINE RESERVES ALL RIGHTS IN THE SERVICES THAT ARE NOT EXPRESSLY GRANTED IN THIS AGREEMENT.

2. License Grant

Subject to your compliance with this Agreement, Desoline grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software, free of charge, on devices that you own or are authorized to use, for your personal, non-commercial entertainment.

The Software is licensed, not sold. Desoline and its licensors retain all right, title, and interest, including all intellectual property rights, in and to the Software and the Services, including its characters, artwork, music, and sound effects.

3. Eligibility

You may not use the Services if you are under the age of 13 (or the minimum age required in your country to consent to the use of online services), or if you are not the owner or an authorized user of the device on which you install the Software.

4. Restrictions

Except as expressly permitted by this Agreement or by applicable law that cannot be excluded by contract, you may not:

• copy, modify, or create derivative works of the Software;
• reverse engineer, decompile, or disassemble the Software, except to the extent such restriction is prohibited by applicable law;
• sell, rent, lease, sublicense, distribute, or otherwise make the Software available to third parties, or bundle it with other software;
• extract, redistribute, or sell the characters, artwork, music, sound effects, or other assets included with the Software on their own;
• remove or alter any proprietary notices, labels, or marks on the Software;
• circumvent or disable any security or technical features of the Software; or
• use the Software for any illegal or unauthorized purpose.

5. Fair Play and Acceptable Use

You are solely responsible for how you use Brawlnest. You must not use cheats, exploits, bots, or unauthorized third-party tools to modify the Software or interfere with its operation, and you must comply with all applicable laws when using the Software.

You must not use the Software to commit fraud, to interfere with the operation of any service, or to violate the rights of others.

6. Distribution

The Software is distributed as a direct download (APK file) from brawlnest.net. It is not distributed through Google Play or any other app store. Download the Software only from brawlnest.net; Desoline is not responsible for copies obtained from any other source, which may be modified or unsafe.

The Software does not update itself. New versions are published on brawlnest.net, and you install them over your current version. Desoline is solely responsible for the Software and for providing support for it.

7. Privacy and Usage Data

We value your privacy. The Software sends usage data only if you allow it: it asks on the consent screen at first launch, and you can change your choice at any time in Settings. With your permission, it sends start, heartbeat, and exit events with a random installation identifier, the game version, build variant, operating system, and session duration, plus the screens you visit and play events (stages started and finished, attempts, stage length, the affinities on your team, creatures bought, and finishing the run). We use this to balance the game, monitor stability, and improve Brawlnest.

The Software includes an optional Massive service (joinmassive.com) that, only if you accept it, uses a small portion of your device's bandwidth and IP address in exchange for a one-time coin bonus, and shows a notification while it runs. You can switch it off at any time in Settings, which stops it immediately; Massive's own terms and privacy policy apply to it.

The Software does not read your screen, record anything you type, access your contacts or location, or show advertisements. Your saved game stays on your device. Please see our Privacy Policy for full details of our data practices.

8. Updates and Changes

We may provide updates, patches, or new versions of the Software, and we may change, suspend, or discontinue any feature at any time. Updates are governed by this Agreement unless they come with separate terms.

We may amend this Agreement from time to time. When we do, we will update the "Last updated" date above, and where a change is material we will provide reasonable notice, for example on our website or within the Software. Your continued use of the Software after the changes take effect constitutes acceptance of the amended Agreement. If you do not agree to the amended Agreement, you must stop using and uninstall the Software.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DESOLINE DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, COMPATIBLE WITH ANY PARTICULAR DEVICE OR SOFTWARE CONFIGURATION, OR FREE OF HARMFUL COMPONENTS.

10. Limitation of Liability

IN NO EVENT WILL WE OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SERVICES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SERVICES, EVEN IF WE OR SUCH OTHER PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR INDIRECT, EXCEED FIFTY DOLLARS ($50.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER THEORIES OF LIABILITY.

Desoline is not liable for third-party services.

Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud, or for willful misconduct, or any statutory rights you have as a consumer that cannot be waived by contract.

11. Term and Termination

This Agreement remains in effect until terminated. You may terminate it at any time by uninstalling the Software. We may suspend or terminate your license if you breach this Agreement. Upon termination you must stop using and uninstall the Software. Sections 2 (ownership), 4, 5, 9, 10, 12, and 13 survive termination.

12. Export and Sanctions

You may not use, export, or re-export the Software in violation of any applicable export-control or sanctions laws, or if you are located in, or a resident of, a country or region subject to comprehensive sanctions, or are listed on any government restricted-party list.

13. General

Entire Agreement. This Agreement, including the policies referred to in it, constitutes the entire agreement between you and us with respect to the Software and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding its subject matter.

Notifications. We may be required by applicable law to notify you of certain events. You acknowledge and consent that such notices will be effective upon our posting them on our website or through the Software, or delivering them to you by email where you have provided us with an email address.

Assignment. We may assign this Agreement, in whole or in part, to an affiliate or to any third party, including in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets. You may not assign, sublicense, or delegate your rights under this Agreement.

Governing Law. This Agreement and the relationship between you and Desoline Inc. shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to its choice of law rules. Any legal action arising out of or relating to this Agreement or the Software shall be filed exclusively in the competent courts of Tel Aviv-Yaffo, and you consent to the personal and exclusive jurisdiction and venue of such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction, and if you are a consumer, nothing in this section deprives you of the protection of mandatory provisions of the law of your country of residence or your right to bring proceedings there. There are no third-party beneficiaries to this Agreement.

Severability; No Waiver. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions remain in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

Limitation Period. To the extent permitted by applicable law, any claim or cause of action arising out of or related to the Software or this Agreement must be filed within one (1) year after it arose or be forever barred.

14. Contact Us

For any question about this Agreement, contact us at support@desoline.com.

Desoline Inc. · 716 Kfar Monash, Israel · support@desoline.com