Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and Celerora LLC regarding your use of the Plumvia website at plumvia.com and any games, apps, and services we provide (together, the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, please do not use the Services.

Nothing in these Terms limits or waives any rights or remedies you have under consumer-protection or other laws that cannot be limited or waived by agreement. Where a provision of these Terms conflicts with such a non-waivable right, that right prevails to the extent required, and the rest of these Terms continue to apply.

Plumvia is the game studio of Celerora LLC (a Texas limited liability company). In these Terms, "Plumvia," "we," "us," and "our" refer to Celerora LLC operating as Plumvia.

You must be at least 13 years old (or older where required by the law of your country, state, or province) to use the Services, and you must be able to form a binding contract. If you are a minor in your jurisdiction, you may only use the Services with the involvement and consent of a parent or legal guardian, who accepts these Terms on your behalf.

Our Services are not directed to children under 13 (or the minimum age required by your local law). See our Privacy Policy for how we handle children's information.

Some games create an account for you so your progress is saved. You may optionally link an email address so your progress comes back if you reinstall or switch devices. We sign you in with a short code sent to that address — we never ask for a password.

• Keep your sign-in code to yourself. Anyone who has it can sign in as you. We will never ask you for it.
• One account per person. Don't sell, trade, or share accounts, or use extra accounts to gain an advantage in a game.
• You are responsible for activity under your account. Tell us at legal@plumvia.com if you think someone else has access to it.
• Deleting it. If you linked an email, you can delete your account and that address from inside the game at any time. If you never linked one, there is nothing email-identified to delete — see our deletion page for what we hold and how to have it removed.

The Services include this informational website and the games we develop and publish, such as Zigora. We may add, change, or discontinue features, games, or the Services at any time. We are not liable to you or any third party for doing so.

Our games are distributed through third-party platforms, including the Apple App Store and Google Play. Your download and use of a game is also subject to the terms and policies of the platform you obtained it from.

Purchases made through an app store are processed by that store, not by us. Billing and refunds for those purchases are handled under the applicable store's policies. Where we offer in-app purchases, they are one-time purchases — we do not offer subscriptions.

Additional terms for apps from the Apple App Store

These additional terms apply to any game you download from the Apple App Store (an "App Store App"). You acknowledge that these Terms are between you and Celerora LLC only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App Store App and its content. Your use must comply with the App Store Terms of Service and Usage Rules.

• License: the license granted to you for an App Store App is a limited, non-transferable license to use it on any Apple-branded device you own or control, as permitted by the Usage Rules.
• Maintenance and support: we are solely responsible for any maintenance and support for the App Store App. Apple has no obligation to provide any maintenance or support.
• Warranty: we are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App Store App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility.
• Product claims: we, not Apple, are responsible for addressing any claims by you or a third party relating to the App Store App or your use of it, including product-liability claims, claims that it fails to meet a legal or regulatory requirement, and claims under consumer-protection, privacy, or similar laws.
• Intellectual property: if a third party claims the App Store App infringes its intellectual-property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of that claim.
• Legal compliance: you represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist-supporting," and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• U.S. Government end users: the App Store App and related software are "Commercial Items" as defined in 48 C.F.R. §2.101, and are licensed to U.S. Government end users only as Commercial Items and with only the rights granted to all other end users under these Terms.
• Contact: questions, complaints, or claims about the App Store App should be directed to us at legal@plumvia.com.
• Third-party beneficiary: you agree that Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the App Store App, and that Apple has the right to enforce these Terms against you as a third-party beneficiary.

Additional terms for apps from Google Play

When you download or use a game from Google Play, your use is also subject to the Google Play Terms of Service. To the extent of any conflict between these Terms and the Google Play terms regarding an app obtained from Google Play, the Google Play terms govern, but only to that extent.

Our games may include virtual items and currencies (for example, tokens and stars). These items:

• have no monetary value and are not your property;
• are a limited, personal, non-transferable license to use them within the game;
• cannot be exchanged for cash or anything of value except where required by law; and
• may expire or be revoked if your access to a game ends, subject to applicable law and the relevant app store's rules.

Buying in-app items

We may offer optional in-app purchases — for example, tokens. These are one-time purchases; we do not offer subscriptions. What you receive and the price are shown before you confirm a purchase.

• Prices and taxes: prices may be shown exclusive of tax; any applicable taxes are calculated and added by the app store at checkout where required.
• Price changes: prices may change over time, but a change never affects a purchase you have already completed.
• Payments and refunds: all payments are processed by the app store, not by us. Refunds are handled by the store under its policies and any rights you have under your local consumer law.
• Final sale: except as required by law or an app store's policy, purchases of virtual items are final and non-refundable.
• EU/EEA and UK buyers: in-app items are digital content delivered immediately. Where you ask for immediate delivery and acknowledge that you lose your right of withdrawal once delivery begins, the statutory 14-day withdrawal right may no longer apply, to the extent permitted by law.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial enjoyment. Except where applicable law permits despite this restriction, you may not:

• copy, modify, reverse-engineer, or create derivative works of the Services;
• sell, rent, sublicense, or commercially exploit the Services;
• circumvent security, rate limits, or access controls; or
• use bots, scrapers, or automated means except as we permit.

You agree not to use the Services to:

• break the law or infringe anyone's rights;
• cheat, exploit bugs, or interfere with fair play;
• upload malware or attempt to disrupt the Services; or
• harass others or submit harmful, deceptive, or unlawful content.

If you send us feedback, ideas, or messages (for example, through our contact form), you grant us a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use them to operate and improve the Services, without obligation or compensation to you. Please don't send us anything you consider confidential.

Some games let you create or share content with others — for example, a display name, profile details, or messages ("User Content").

• Ownership and license: you keep ownership of your User Content. By sharing it, you grant Celerora LLC a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, and use it to operate, display, moderate, and improve the Services.
• Your responsibility: you are responsible for your User Content and represent that you have the rights to share it and that it does not infringe anyone's rights or violate these Terms or the law.
• What is not allowed: User Content must follow our acceptable-use rules — nothing illegal, infringing, harassing, hateful, deceptive, or sexually exploitative, and nothing that endangers others.
• Moderation: we may (but are not obligated to) review, remove, or disable User Content and suspend accounts at our discretion, with or without notice.
• Reporting and blocking: you can remove another player from your friends list at any time, which stops their name and scores from appearing for you. You can also report a display name from inside the game, or email us at legal@plumvia.com. We aim to act on valid reports promptly.

The Services, including all games, software, text, graphics, logos, and the Plumvia and Zigora names and marks, are owned by Celerora LLC or its licensors and are protected by intellectual property laws. These Terms grant you no ownership rights.

Celerora LLC respects the intellectual-property rights of others and complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. If you believe content on the Services infringes your copyright, you may send a written notice to our designated agent.

Notice requirements

To be effective under 17 U.S.C. § 512(c)(3), your notice must include:

• a physical or electronic signature of the copyright owner or authorized agent;
• identification of the copyrighted work claimed to be infringed;
• identification of the allegedly infringing material and information sufficient to locate it on the Services;
• your contact information (address, telephone number, and email address);
• a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and
• a statement, made under penalty of perjury, that the information is accurate and that you are authorized to act on the owner's behalf.

Designated agent

Celerora LLC — DMCA Agent
Email: dmca@celerora.com
Mail: 5600 Bell St, Ste 105 #287, Amarillo, TX 79109, USA

Counter-notification

If you believe material you posted was removed by mistake or misidentification, you may send a counter-notification meeting 17 U.S.C. § 512(g)(3) to the same agent. We will follow the DMCA procedure, which may result in restoration of the material absent further legal action.

Repeat infringers

Consistent with 17 U.S.C. § 512(i), we will, in appropriate circumstances, terminate the accounts of users who are repeat infringers.

The Services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.

To the maximum extent permitted by law, Celerora LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill, arising from your use of the Services. Our total liability for any claim will not exceed the greater of the amount you paid for the Services (whether to us or through an app store) in the 12 months before the claim, or USD $100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You agree to indemnify and hold harmless Celerora LLC and its officers, directors, employees, and agents from any claims, damages, or expenses arising out of your misuse of the Services or violation of these Terms, to the extent permitted by law.

We may suspend, limit, or terminate your access to the Services (in whole or in part) at any time if you violate these Terms or applicable law, cheat or exploit a game, abuse other players or our systems, or create risk or legal exposure for us. Where practical and lawful we will give notice, but we may act immediately when necessary.

You may stop using the Services at any time. If your access ends, your license to use the Services and any virtual items ends as well, subject to applicable law and the relevant app store's rules (see the Virtual items section above). We may also discontinue a game or feature, consistent with our Privacy Policy and applicable law.

We may update these Terms from time to time. When we do, we'll revise the "Last updated" date above. Material changes may be highlighted in the Services. Your continued use after changes take effect means you accept the updated Terms. If we make a material change to the Dispute resolution section, we will give notice in the Services and you will have 30 days from that notice to opt out of arbitration as described in that section.

Governing law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

Mandatory local consumer rights

Nothing in this Section overrides any non-waivable consumer right or remedy that applies to you under the mandatory law of the country, state, province, or territory where you reside. If your local law prohibits a pre-dispute arbitration agreement with consumers, requires that consumer disputes be heard in your local courts, or grants you remedies that this Section would otherwise restrict, that local law controls to the extent required, and the remainder of this Section continues to apply to the maximum extent permitted.

Informal resolution

Before initiating any formal dispute resolution, you agree to contact us at legal@plumvia.com to attempt to resolve the dispute informally. We will work in good faith to resolve disputes within 30 days of receiving your notice.

Binding arbitration

If informal resolution is unsuccessful, any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol then in effect. If the AAA is unavailable or declines to administer the arbitration, the parties will agree on a substitute arbitration administrator, or, failing agreement, either party may ask a court of competent jurisdiction to appoint one. The parties' agreement to arbitrate survives the unavailability of any particular administrator.

Arbitration fees

Your filing and case-management fees are limited to those set by the AAA Consumer Arbitration Rules (currently capped for individual claims under $75,000). Celerora LLC will pay the remainder of the AAA's filing, administrative, and arbitrator fees, except where the arbitrator determines your claim was filed for an improper purpose (e.g., harassment) and reallocation is permitted under the rules.

Hearing location

The arbitration may be conducted by telephone, video conference, or in-person hearing at a location in the U.S. county where you live, at your option, subject to the AAA's rules.

Small-claim procedure (documents only)

For disputes where the amount in controversy is $10,000 or less, either party may elect to proceed solely on the basis of documents submitted to the arbitrator, without an in-person, telephonic, or video hearing, unless the arbitrator determines a hearing is necessary.

For disputes where the amount in controversy exceeds $10,000 but is $75,000 or less, the parties may agree to proceed on a documents-only basis, or either party may request a telephonic, video, or in-person hearing.

Either party may bring claims in small claims court if the claims qualify. This clause does not prevent either party from seeking injunctive or equitable relief in a court of competent jurisdiction for misuse of intellectual property or unauthorized access to the Services.

Class-action waiver

YOU AGREE THAT ANY DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

Batched arbitration

If 25 or more similar arbitration demands are filed against Celerora LLC within a 90-day period by or with the assistance of the same law firm, group of law firms, or organization (a "Mass Filing"), the following procedures apply. Counsel for the claimants and counsel for Celerora LLC shall each select 10 demands from the Mass Filing to proceed as initial bellwether cases. Only the selected bellwether cases will be filed with the AAA and proceed to resolution. The remaining demands shall be held in abeyance and no filing fees shall be due for those demands until the bellwether process concludes. Once the bellwether cases are resolved, the parties shall engage in a single mediation session to attempt to resolve the remaining demands based on the bellwether outcomes. If mediation does not resolve the remaining demands, they shall proceed in batches of no more than 50 at a time, filed at 60-day intervals. Nothing in this subsection prevents any individual claimant from opting out of the batched process and filing an individual arbitration demand, provided the claimant has first completed the Informal Resolution process in this Section.

30-day opt-out

You may opt out of the binding-arbitration and class-action-waiver provisions by sending a written notice to legal@plumvia.com within 30 days of first accepting these Terms. Your notice must include your full name, the email address at which you can be reached, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

Severability of this section

If any portion of this Dispute Resolution section is found to be unenforceable, the remaining portions shall remain in effect, except as follows: (a) if the Class Action Waiver is found to be unenforceable as to a particular claim or category of claims, that claim or category of claims shall proceed in court and shall not be subject to arbitration under this Section (and any remaining claims shall continue in individual arbitration); and (b) if any portion of the Batched Arbitration subsection is found to be unenforceable, the remainder of that subsection shall be severed and individual arbitration shall continue under the remaining provisions of this Section. This subsection controls over the general severability provision in the General section below to the extent of any conflict.

Exceptions

Either party may seek injunctive relief in any court of competent jurisdiction for violations of intellectual property rights or confidentiality obligations without first engaging in arbitration.

Severability

If any provision of these Terms is held invalid or unenforceable, it will be limited or removed to the minimum extent necessary, and the remaining provisions will stay in full force.

Entire agreement

These Terms, together with our Privacy Policy and any other policies referenced here, are the entire agreement between you and Celerora LLC regarding the Services and supersede any prior agreements.

No waiver

Our failure to enforce any provision is not a waiver of it or of our right to enforce it later. No waiver is effective unless made in writing.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. Any assignment in violation of this section is void.

Survival

The sections on Virtual items & in-app purchases, Feedback & submissions, User content, Intellectual property, Disclaimers, Limitation of liability, Indemnification, Dispute resolution, and these General provisions survive any termination of these Terms or your access to the Services.

Questions about these Terms? Email legal@plumvia.com or reach us through our contact page.