Moonray: Battle Lands — End User License Agreement (EULA)

Last Updated: September 8, 2025

Please read this End User License Agreement (this “Agreement” or “EULA”) carefully before downloading, installing, accessing, or using Moonray: Battle Lands (the “Game”). This Agreement is a legal contract between you (“you,” “your,” or “Player”) and Moonray PBC 1209 Orange Street, Wilmington Delaware 19801-1120, New Castle County(“Company,” “we,” “us,” or “our”).

By downloading, installing, accessing, or using the Game, you agree to be bound by this Agreement. If you do not agree, do not download, install, access, or use the Game.

1. Other Terms; Privacy; No Reliance

1.1 Platform Terms. If you access or use the Game through a third-party platform, such as PlayStation™ Network, Steam®, the Apple App Store (iOS), or Google Play (Android) (each a “Platform”), your use of the Game is also governed by that Platform’s terms of service, end user agreements, and policies. In the event of any conflict between this Agreement and the applicable Platform terms, the Platform terms will control solely with respect to your use of the Game on that Platform.

1.2 Privacy Policy. Your use of the Game is subject to our Privacy Policy, which explains how we collect, use, and disclose information. The Privacy Policy is incorporated by reference into this Agreement. This Agreement does not limit your non‑waivable data protection rights.

1.3 Open‑Source Components. The Game may include open‑source or third‑party components subject to separate licenses. To the extent of any conflict with this Agreement, those licenses govern your use of such components.

1.4 No Reliance; No Promises. You acknowledge and agree that you have not relied upon, and the Company does not make, any promises, guarantees, roadmaps, public statements, forward‑looking statements, gameplay balance commitments, feature commitments, uptime commitments, or other representations except as expressly set out in this Agreement. Marketing or community communications are non‑binding and subject to change at any time.

2. License Grant and Scope

2.1 License. Subject to your continued compliance with this Agreement, we grant you a limited, personal, revocable, non‑exclusive, non‑transferable, and non‑sublicensable license to install and use one (1) copy of the Game on compatible devices you own or control, solely for your personal, non‑commercial entertainment.

2.2 Licensed, Not Sold. The Game is licensed, not sold. You acquire no ownership interest in the Game or any content therein.

2.3 No Transfer. You may not sell, rent, lease, loan, timeshare, distribute, assign, or otherwise transfer the Game, your account, or any rights granted herein, except as expressly permitted by this Agreement and applicable Platform terms.

3. Ownership; Content; Streaming; UGC

3.1 Ownership. We and our licensors own all right, title, and interest in and to the Game and all associated content and materials, including software, code, artwork, graphics, animations, characters, storylines, music, sound, text, user interfaces, audiovisual effects, and trademarks (collectively, “Content”). All rights not expressly granted are reserved.

3.2 Virtual Items. The Game may include virtual currency, cosmetics, or other digital items (collectively, “Virtual Items”). Virtual Items are licensed, have no cash or property value, are non‑redeemable for money or monetary value, and may be modified, replaced, revoked, or discontinued by us at any time. Balances may be adjusted or reset; access may be limited or disabled; and Virtual Items may be removed, all without liability to you.

3.3 User‑Generated Content. Where the Game allows you to create, upload, or transmit content (“UGC”), you grant us a worldwide, non‑exclusive, transferable, sublicensable, royalty‑free license to host, store, reproduce, adapt, modify for technical purposes, publish, perform, display, and otherwise use your UGC to operate, improve, and promote the Game and related services. You represent and warrant you own or have the necessary rights to grant this license and that your UGC does not violate law or third‑party rights. You acknowledge you may be exposed to UGC from others that you find offensive or objectionable; we are not responsible for such UGC.

3.4 Feedback. If you provide ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use them for any purpose without compensation, credit, or obligation.

3.5 Streaming Permission. Subject to this Agreement and our community guidelines, we permit non‑commercial capture and streaming of gameplay, including monetization through Platform‑approved creator programs. We may revoke this permission at any time.

4. Early Access; Changes; Support

4.1 Early Access Notice. The Game may be offered as an alpha, beta, preview, or early access product. Features may change or be removed; progression, items, or accounts may be reset; servers or features may be suspended or discontinued at any time.

4.2 Patches and Updates. We may deploy patches, updates, or changes that you must install to continue using the Game. Updates may be applied automatically without additional notice.

4.3 Service Changes. We may alter, suspend, remove, disable, or discontinue the Game or any feature, Virtual Item, leaderboard, matchmaking or ranking logic, or Content at any time. Where reasonably practicable, we will provide advance notice via in‑Game messaging or our website. We will have no liability to you for any such action.

4.4 No Obligation to Support. We are not obligated to provide any maintenance or support unless required by applicable law or Platform terms. We may cease providing updates and/or support at any time.

4.5 No Roadmap Commitments. Any development plans, roadmaps, or previews are estimates only and may be changed, postponed, or cancelled at any time.

5. Accounts; Eligibility; Safety

5.1 Accounts. You may need an account to use the Game. You must provide accurate information and keep credentials confidential. You are responsible for all activity under your account. We may close or reclaim usernames at any time.

5.2 Eligibility. You must be at least 13 years old to use the Game. If you are under the age of majority in your jurisdiction, a parent or legal guardian must review and accept this Agreement on your behalf. The Game is not directed to children under 13.

5.3 Health & Safety. The Game may include flashing lights or patterns that could trigger photosensitive epilepsy or other conditions. If you or anyone in your household has experienced seizures or epilepsy, consult a doctor before playing. Stop playing immediately and seek medical advice if you experience dizziness, nausea, fatigue, motion sickness, or similar symptoms. Observe all Platform health and safety guidance.

5.4 Network; Charges. You are responsible for Internet access, data charges, and compatible hardware/software.

6. Purchases; Pricing; Refunds; Taxes

6.1 Purchases. You may purchase the Game or Virtual Items via the Platform. Prices, availability, specifications, and descriptions are subject to change and may contain errors; we may cancel or refuse orders affected by errors.

6.2 All Sales Final (Subject to Law/Platform). Except where required by applicable law or Platform policy, all purchases are final and non‑refundable. Nothing in this Agreement affects any non‑waivable statutory rights you may have.

6.3 No Ownership; No Transfers. You have no property interest in accounts or Virtual Items. Transfers or sales of accounts or Virtual Items are prohibited except as expressly allowed by us and the Platform.

6.4 Promotions. Promotional codes or discounts may be subject to additional terms, limited in time, and may be changed, disabled, or withdrawn at any time.

6.5 Taxes. Prices may exclude taxes; you are responsible for all applicable taxes, duties, and charges (other than our income taxes).

7. Acceptable Use; Anti‑Cheat

7.1 Prohibited Conduct. You will not, and will not enable others to: (a) copy, modify, or create derivative works of the Game; (b) reverse engineer, decompile, or disassemble the Game except to the extent such restriction is prohibited by applicable law; (c) bypass, remove, or circumvent security or access control; (d) use cheats, bots, hacks, exploits, automation, or unauthorized third‑party software; (e) interfere with servers, matchmaking, leaderboards, or other users; (f) harass, threaten, dox, or engage in hate speech or illegal conduct; (g) commercialize the Game or Content without our written permission; (h) use the Game in violation of law or Platform terms; (i) attempt to gain unauthorized access to accounts, systems, or networks; (j) engage in fraudulent activity.

7.2 Monitoring & Anti‑Cheat. While running, the Game may detect and report to us information about suspected unauthorized third‑party programs or modifications. If detected, we may suspend or terminate access. By using the Game, you consent to this monitoring for the purposes of fraud prevention, integrity, and safety.

8. Third‑Party Services and Links

The Game may display, include, or rely on third‑party content, services, or links. We are not responsible for third‑party materials and make no warranties regarding them. Your use is at your own risk and may be subject to additional terms.

9. Termination; Suspension; Effect

9.1 By Us. We may suspend or terminate your account, this Agreement, and/or access to the Game at any time, with or without notice, for any reason or no reason, including for suspected violations of this Agreement or law.

9.2 No Compensation. Upon any suspension or termination, you acknowledge you will receive no compensation or refund for Virtual Items, progression, or other Content.

9.3 Effect of Termination. Upon termination, your license immediately ends and you must stop using the Game and delete all copies. Sections that by their nature should survive termination (including Sections 1, 3, 6–16, and 17 to the extent applicable) will survive.

10. Disclaimers

THE GAME AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED, ERROR‑FREE, SECURE, FREE OF HARMFUL COMPONENTS, OR COMPATIBLE WITH EVERY DEVICE OR CONFIGURATION; OR THAT DEFECTS WILL BE CORRECTED; OR THAT ANY DATA (INCLUDING SAVE DATA) WILL BE STORED OR AVAILABLE WITHOUT LOSS OR CORRUPTION.

Nothing in this Agreement limits any non‑waivable statutory warranties or consumer rights that apply to you under applicable law.

11. Limitation of Liability; Limitation Period

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR LOSS OF DATA, GOODWILL, PROFITS, OR BUSINESS; OR FOR SERVICE INTERRUPTION OR DEVICE DAMAGE; IN EACH CASE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE GAME, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS (IN THE AGGREGATE) EXCEED US $100 OR THE AMOUNTS YOU PAID US FOR THE GAME OR VIRTUAL ITEMS IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, WHICHEVER IS LESS. THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE GAME MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES; OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED, UNLESS A LONGER PERIOD IS REQUIRED BY NON‑WAIVABLE LAW.

The foregoing does not exclude or limit liability for gross negligence, willful misconduct, fraud, or injury where such liability cannot be excluded under applicable law.

12. Indemnification

You will indemnify and hold harmless the Company, its affiliates, officers, employees, licensors, and partners from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your breach of this Agreement or Platform terms; (b) your UGC; or (c) your misuse of the Game or violation of law.

13. Governing Law; Dispute Resolution

13.1 Governing Law. This Agreement is governed by the laws of the State of Texas, USA, without regard to conflict‑of‑laws rules and excluding the U.N. Convention on Contracts for the International Sale of Goods.

13.2 Informal Resolution. Before filing a claim, you agree to first contact us at info@moonray.studio and attempt to resolve the dispute informally for at least 30 days.

13.3 Arbitration (U.S. Residents). If you reside in the United States, any dispute, controversy, or claim arising out of or relating to this Agreement or the Game will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The seat of arbitration will be Texas. The arbitrator will have the authority to award the same damages and relief that a court could award. CLASS ACTIONS AND CLASS ARBITRATIONS ARE NOT PERMITTED. YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.

13.4 Opt‑Out. You may opt out of arbitration and the class action waiver by sending written notice to info@moonray.studio or to our mailing address within 30 days of first accepting this Agreement. If you opt out, we also will not be bound to arbitrate.

13.5 Small Claims; Injunctive Relief. Either party may bring an individual action in small claims court if eligible. Either party may seek injunctive or other equitable relief to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights. You agree not to seek any order or injunction that would interfere with the operation of the Game or the provision of services.

13.6 Non‑U.S. Residents. If you reside outside the U.S., you may bring disputes in your local courts to the extent required by non‑waivable local law. Nothing in this Agreement limits your non‑waivable rights as a consumer in your country of residence.

14. Export; Sanctions; Compliance

You may not use, export, or re‑export the Game except as authorized by U.S. law and the laws of the jurisdiction(s) in which the Game was obtained. Without limitation, the Game may not be exported or re‑exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Game, you represent and warrant that you are not located in any such country or on any such list and that you will comply with all applicable export control and sanctions laws.

15. Region‑Specific Terms

15.1 California Residents. You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or (800) 952‑5210.

15.2 EEA/UK Consumers. Nothing in this Agreement affects your mandatory rights under EEA/UK consumer law, including your right to a legal guarantee of conformity. If you are an EEA/UK consumer, Sections 10 and 11 apply only to the extent permitted by applicable law.

16. Miscellaneous

16.1 Changes to this Agreement. We may modify this Agreement at any time. If we make material changes, we will use reasonable efforts to notify you (e.g., via in‑Game notice or website). Unless otherwise specified, the updated Agreement will be effective when posted. Your continued use of the Game after the effective date constitutes acceptance.

16.2 Severability; Waiver. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the remainder will remain in effect. Our failure to enforce any provision is not a waiver of our right to do so later.

16.3 Force Majeure. We are not liable for any delay or failure due to causes beyond our reasonable control, including acts of God, war, terrorism, epidemics, labor disputes, or Internet service failures.

16.4 Entire Agreement; Assignment. This Agreement constitutes the entire agreement between you and us regarding the Game and supersedes prior or contemporaneous agreements. We may assign this Agreement, in whole or part, at any time without notice. You may not assign this Agreement without our prior written consent.

16.5 Notices; Contact. Questions or notices may be sent to info@moonray.studio or to Moonray PBC 1209 Orange Street, Wilmington Delaware 19801-1120, New Castle County. We may provide notices electronically, including by posting within the Game.

16.6 No Third‑Party Beneficiaries. Except as expressly stated in Section 17 (Apple iOS Terms), there are no third‑party beneficiaries to this Agreement.

16.7 Language. The English language version of this Agreement controls. Any translations are provided for convenience only.

17. Apple iOS Additional Terms (if applicable)

17.1 Acknowledgement. This Agreement is between you and the Company only, not Apple. The Company, not Apple, is solely responsible for the Game and its content.

17.2 Maintenance and Support. Apple has no obligation to furnish any maintenance and support services with respect to the Game. The Company is responsible for maintenance and support, to the extent required by this Agreement or applicable law.

17.3 Product Claims. The Company, not Apple, is responsible for addressing any claims by you or any third party relating to the Game or your possession and/or use of the Game, including: (a) product liability claims; (b) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

17.4 Intellectual Property Rights. In the event of any third‑party claim that the Game or your possession and use of the Game infringes a third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

17.5 Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

17.6 Developer’s Name and Address. Moonray PBC 1209 Orange Street, Wilmington Delaware 19801-1120, New Castle County; info@moonray.studio.

17.7 Third‑Party Beneficiary. You acknowledge and agree that Apple and Apple’s subsidiaries are third‑party beneficiaries of this Agreement and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third‑party beneficiary.

BY INSTALLING OR USING THE GAME, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.