Terms of service.

Effective Date: 12/14/2023

This Terms of Service (the “Terms”) is entered into between you and Dustbunny Game, LLC

(“Dustbunny”) and applies to the video game currently titled “Dustbunny” (the “Game”),

digital items associated with the Game, the Dustbunny website, currently dustbunnygame.com (the “Website”), and any other services or products on which Dustbunny chooses to

apply this Terms (collectively, the “Service”).

BY CLICKING “I AGREE” OR SIMILAR CONFIRMATION OR BY USING THE SERVICE YOU ARE AGREEING

TO BE BOUND BY THE TERMS.

1. UPDATES

Dustbunny agrees to notify you of an update to the Terms by an in-game message, by a posting

on the Website in within the Game. You are deemed to accept an update by continuing to use

the Service. Unless Dustbunny states otherwise, updates are automatically effective 30 days

after posting.

2. LICENSES

2.1 License. Dustbunny grants you a non-exclusive, non-sublicensable, non-transferrable,

revocable, limited license to install and use the Game if downloaded from Dustbunny directly or

from an authorized third party. You agree that no title or ownership interest in the Game is

transferred or assigned to you and that the Terms is not a sale of any right to the Game.

2.2 Streaming and Social Media License. Dustbunny grants you a non-sublicensable, non-

transferrable, revocable, limited license to publicly display the Game on video streaming

websites, such as youtube.com and twitch.com, and on other social media sites, such as posting a

video of Gameplay content (“Social Content”). Dustbunny may terminate or modify the scope

of the streaming and social media license granted to you at any time without notice or

compensation and will not be liable to you or any third party for any loss you incur.

2.3 User Content License. User content includes any information that you create, submit,

transmit or upload while using the Game, for example, Social Content, any submissions,

comments, questions, testimonials, tutorials, advice, suggestions, ideas, contest entries or other

information you directly or indirectly provide to Dustbunny through any method existing now or

in the future (altogether, “User Content”). By providing User Content you represent and

warrant that you have all consents, licenses and rights necessary to provide and license the User

Content and you grant Dustbunny a non-exclusive, irrevocable, fully-paid, royalty-free,

perpetual, sub-licensable, transferrable, worldwide license to User Content under all intellectual

property and other rights you own or control to use, broadcast, disclose, display, distribute,

modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on

multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and

mediums and with any technology now known or hereafter developed and for all purposes

without attribution, notice, permission or payment to you or a third party. Dustbunny reserves

the right to review, edit, delete or block access to User Content without notice.

3. ACCOUNTS AND USE OF SERVICE

3.1 Account. Use of the Service may require you to register a user account with Dustbunny

directly or with a third party (each, an “Account”). Dustbunny strongly recommends that you

keep your login information confidential. You agree to be bound by any use of your Account,

including charges and purchases, whether or not authorized. You represent and warrant that you

are permitted to use the method of payment associated with your Account and agree to pay for

charges and fees incurred by your Account, which are non-refundable.

3.2 Personal Data. Accessing the Service may require you to provide Dustbunny with

personal data, which is collected, used and disclosed in accordance with Dustbunny’s Privacy

Policy, if any, and in compliance with legal standards applicable in your jurisdiction. You agree

to provide accurate and complete personal data to Dustbunny and to update your data if it

changes. The Privacy Policy is available at dustbunnygame.com/privacy.

3.3 Age of Access and Restrictions. The Service is provided for people of all ages, but if

you are below the age of consent in your jurisdiction, you must have and provide the consent of

your parent or guardian to use the Service if required by the laws applicable in your jurisdiction.

Dustbunny also reserves the right to require a heightened level of verifiable parental consent if

required by the laws applicable in your jurisdiction.

3.4 Prohibited Countries. In accessing the Service, you represent and warrant that you are

not: (a) accessing the Service from a country under a United States Government embargo or a

country that the United States Government has designated as a “terrorist supporting” country; or

(b) listed on any United States Government list of prohibited or restricted parties.

3.5 Access. Access to the Service may require hardware including but not limited to a

mobile computing device and an Internet connection, all meeting certain minimum specifications

set by Dustbunny (subject to changes of the Service by Dustbunny) described on the Website and

the store page from which you downloaded the Game, as updated on one or more occasions.

You agree to provide all hardware and the Internet connection required to use the Service and to

pay all fees incurred by you when accessing the Service through an Internet connection.

3.6 Early Access. The Service, including the Game, may be provided to you in an early release

version (“Early Release”). If you use or access any Early Release, you acknowledge and understand that

the Service (or Game) may not work as intended and certain features may be very different from those we

aspire to include in the future. Bugs, incomplete features, or faults may be present in any Early Release,

and you use the Service (or Game) at your own risk. Dustbunny does not guarantee that the Service (or

Game) will be completed or completed in any particular manner, including the scope and features

available to you. Given the developmental nature of the Service and Game, you agree that it is your sole

responsibility to back-up your data and take other appropriate measure to protect your computer device

and data.

4. LIMITATIONS ON USE OF THE SERVICE

4.1 Limitations. You agree that you will not use the Service in the following manner:

a. engage in conduct that Dustbunny determines, in its sole discretion, to constitute

improper use of the Service;

b. decompile, disassemble or reverse engineer the Service or otherwise attempt to

derive the Service source code;

c. except for Social Content or as expressly permitted by Dustbunny, reproduce,

rearrange, modify, translate, create derivative works from, display perform, publish or distribute

the Service;

d. cheat or use, develop or distribute automation services (bots), macro services or

other cheat utility services or knowingly exploit a flaw or bug in the Service;

e. break, attempt or otherwise assist with the disruption of any computer used to

support the Service or experience of another user;

f. upload files that contain viruses, Trojan horses, worms, time bombs, corrupted

files or data or other similar services or programs that may damage operation of the Service or

the computers of other users;

g. utilize the Service or any part thereof for commercial purposes, except pursuant to

the streaming license set forth in section 2.2;

h. promote, encourage or conduct illegal activity including, without limitation,

hacking, cracking, distribution of counterfeit version of the Game, cheats or hacks for the Game;

i. use profanity, including short forms for profanities, punctuation marks used in

place of profanities and colloquial versions of profanities;

j. engage in abusive, defamatory, libellous, threatening or any other conduct that is

objectionable or offensive;

k. communicate, link to, post, submit or upload content that contains nudity or other

sexual material, materially endangering a child, violence or any other objectionable or offensive

conduct;

l. abuse, bully, harass, harm or publish false or misleading information about users

or encourage others to do the same;

m. encourage, promote or glorify racial intolerance;

n. use hate speech, hate terms, racist speech, racist terms or any other words or

symbols that signify hate towards any person or group of people, including derogatory comments

against women or minorities;

o. infringe or violate the rights of a third party including but not limited to: (i)

contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv)

publicity rights; or (v) confidential information;

p. collect or attempt to obtain user data, whether personal or anonymous; or

q. impersonate another person or an employee of Dustbunny,

as determined by Dustbunny in its sole discretion. The above limitations also apply to

information posted on public forums or through communication tools related to Dustbunny or

controlled by Dustbunny including, but not limited to, the Dustbunny Discord page and any other

social media accounts controlled by Dustbunny.

5. TERM AND TERMINATION

5.1 Term. Dustbunny may also suspend or terminate your access to the Service at any time

for any reason (or for no reason) including but not limited to your violation of the Terms, as

determined in its sole discretion. Whether a suspension will be lifted is at the sole discretion of

Dustbunny. You may terminate your access to the Service at any time by ceasing to use the

Service and deleting the Service you have installed. Data collected by Dustbunny may be

retained for some time after your access to the Service is terminated, as described further in the

Privacy Policy and as allowed by the laws applicable in your jurisdiction.

5.2 Effect of Suspension or Termination. Upon suspension or termination, you

acknowledge and agree that Dustbunny shall cease to provide access to the Game and may delete

data associated with your use of the Game. You are not entitled to compensation of any kind as

a result of suspension or termination, regardless of whether effected by you or Dustbunny, and

Dustbunny is not liable to you or any third party for such suspension or termination and any

related loss.

6. DIGITAL ITEMS AND IN-GAME PURCHASES

6.1 Digital Items. The Service may include virtual in-game currency and digital items, such

as items, avatars or other upgrades (each a “Digital Item”), which may be earned by users or

purchased from Dustbunny, where permitted by law. Digital Items available to you and the price

of Digital Items may be altered by Dustbunny at any time, without notice. Upon acquiring

Digital Items, you are granted a non-exclusive, non-sublicensable, non-transferrable (except to

the extent expressly permitted) right to use such Digital Items only in conjunction with the

Service for which such Digital Items were acquired. The determination of Digital Items to credit

or debit to you shall be determined by Dustbunny in its sole discretion. All Digital Items remain

the property of Dustbunny and any Digital Items purchase is final and non-refundable.

6.2 Digital Purchases. Dustbunny may offer different Account types, virtual in-game

currency and in-app purchases through one-time fees or a recurring fee (each, a “Digital

Purchase”). Please visit the Dustbunny Website or browse the Game for a complete description

of items available for a Digital Purchase. After making a Digital Purchase, you are granted a

non-exclusive, non-sublicensable, non-transferrable right to any virtual items, rewards or

benefits of a Digital Purchase only in conjunction with the Game/Service associated with such

Digital Purchase. Items, rewards or benefits conferred as a result of a Digital Purchase may not

be lent, shared, sold, transferred or licensed to any other party. Dustbunny shall, in its sole

discretion, administer Digital Purchases and, in this capacity, may control, modify and/or

eliminate any or all Digital Purchases without notice, for which you are not entitled to any

refund, credit redemption or any other compensation. You acknowledge and agree that there is

no real value to anything purchased in a Digital Purchase and Dustbunny may revise the price or

other aspects of a Digital Purchase without notice. Each Digital Purchase is final and non-

refundable, except as limited by applicable law. Payments made to Dustbunny for a Digital

Purchase are not investments or loans and are non-refundable. Anything accessible to you or

conferred to you as a result of a Digital Purchase, remains the property of Dustbunny. Digital

Purchases may not be resold online, outside of the Service, in the real world or traded for non-

virtual (tangible) goods or services. You agree that the resale or attempted resale of Digital

Purchases shall result in Dustbunny terminating your access to the Service and any Account

related to such action.

6.3 Payment Renewal. For recurring fees related to any Digital Purchase, Dustbunny

shall automatically charge such fees, which are non-refundable, on a

weekly/monthly/yearly basis, as applicable, to the credit card (or other payment method)

you provided to Dustbunny excluding applicable taxes, duties and charges, until the date

you terminate such fees, your submission of a cancellation request to Dustbunny or

Dustbunny’s termination of your access to the Service.

6.4 Notice to EU Users. If you are a resident of the EU, you hereby agree that by purchasing

Digital Items, such Digital Items are credited to your Account immediately and, as a result, you

are not entitled to withdraw from or cancel your purchase pursuant to the EU Consumer Rights

Directive (2011/83/EU) and national implementations.

6.5 Transfer of Digital Items. Dustbunny does not permit the transfer of Digital Items in

the Game.

6.6 Prizes. Dustbunny may provide users the opportunity to receive random prizes like

Digital Items, which may vary in size and value. Due to the randomization of such prizes, you

may not receive the particular item you desire. Dustbunny reserves the right to refuse to award,

and to revoke, any prize in its sole discretion.

6.7 Forfeit or Eliminated Digital Items. If Dustbunny terminates your access to the Service

or ceases to offer the Service, you agree that all Digital Items associated with your Account and

use of the Service are forfeit. Furthermore, Dustbunny may, in its sole discretion, administer

Digital Items and, in this capacity, control, modify and/or eliminate any or all Digital Items

without notice, for which you are not entitled to any refund, credit redemption or any other

compensation, this includes alterations to the stats of certain Digital Items or changes in the

functionality of certain Digital Items. Dustbunny is not responsible for repairing or replacing

any Digital Items lost for any reason whatsoever including, but not limited to, due to suspension

or termination of the Service, technical issues or as a result of the actions of a third party.

7. DUSTBUNNY OWNERSHIP RIGHTS

All right, title and interest in and to the Service including but not limited to copyrights, patents,

trademarks, trade secrets, trade names, computer code (source and object), titles, characters,

character names, Digital Items, Digital Item names, characters, catch phrases, concepts, dialog,

settings, themes, animation, audio-visual effects, sound effects, musical works, look and feel,

methods of operation and items built within the Service by users, are owned by Dustbunny.

Dustbunny reserves all rights in the Service.

8. DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNIFICATION

8.1 DISCLAIMER. THE SERVICE (INCLUDING THE GAME) MAY STILL BE UNDER DEVELOPMENT AND

MAY CONTAIN DEFECTS AND COMPATIBILITY ISSUES AND IS PROVIDED BY DUSTBUNNY “AS IS”.

DUSTBUNNY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS

(COLLECTIVELY, ITS “REPRESENTATIVES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS,

IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY

LAW. WITHOUT LIMITING THE FOREGOING, DUSTBUNNY AND ITS REPRESENTATIVES MAKE NO

REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT

OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL

NOT HARM YOUR HARDWARE OR RESULT IN LOST DATA OR BE SECURE AGAINST UNAUTHORIZED ACCESS.

THE SERVICE IS UNSUPPORTED AND THE TERMS DO NOT CREATE ANY OBLIGATION UPON DUSTBUNNY TO

DEVELOP, MAKE AVAILABLE, OFFER FOR SALE, REPAIR, SUPPORT OR RELEASE THE SERVICE (OR THE

GAME). NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY DUSTBUNNY OR ITS

REPRESENTATIVES, WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR

INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE

SERVICE.

8.2 LIMITATION OF LIABILITY. DUSTBUNNY AND ITS REPRESENTATIVES, SHALL NOT BE LIABLE TO

YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE

INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF

DUSTBUNNY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGE. TO THE EXTENT

THAT THE ABOVE LIMITATION OF LIABILITY IS NOT APPLICABLE IN YOUR JURISDICTION, ANY CLAIM THAT

YOU MAY HAVE AGAINST DUSTBUNNY AND ITS REPRESENTATIVES MUST BE COMMENCED NO LATER THAN

6 MONTHS AFTER THE DAY ON WHICH THE CLAIM IS DISCOVERED OR OUGHT TO HAVE BEEN DISCOVERED

BY YOU.

8.3 DUSTBUNNY’S AGGREGATE LIABILITY. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT

ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN

DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR

DOES NOT FULLY SHIELD DUSTBUNNY AND ITS REPRESENTATIVES FROM LIABILITY, YOU AGREE THAT

YOUR SOLE REMEDY, AND DUSTBUNNY AND ITS REPRESENTATIVES’S AGGREGATE LIABILITY, IS FOR YOU

TO TERMINATE USE OF THE SERVICE.

8.4 Indemnity. You shall defend and indemnify Dustbunny against any claim, demand, suit

or proceeding (each, a “Claim”) made or brought against Dustbunny in connection with your use

of the Service, including Claims that through the use of the Service you (i) infringe or

misappropriate a third party’s intellectual property rights, (ii) violate any applicable laws, (iii)

breach the terms of these Terms, or (iv) commit an act of gross negligence or intentional

misconduct.

9. GENERAL

9.1 Governing law. The Terms is governed by and construed under the laws of the State of

California. If a dispute arises, you agree that such dispute be resolved by courts located in Los

Angeles, California and hereby submit to the personal jurisdiction of such courts.

9.2 Severability. To the extent any section, clause, provision or sentence or part thereof of

the Terms is determined to be illegal, invalid or unenforceable by competent authority in any

jurisdiction, then that portion shall be severed and the remainder of the Terms given full force

and effect.

9.3 No Waiver. Dustbunny’s failure to assert or enforce any right contained in the Terms

shall not constitute a waiver of that right.

9.4 Survival. Sections 3 though 9 survive termination of the Terms.

9.5 Entire Agreement. The Terms constitutes the entire agreement between you and

Dustbunny with respect to the subject matter hereof and supersedes any prior oral or written

agreements, communications, representations or undertakings provided.

9.6 Contact. You may contact Dustbunny regarding these Terms by emailing us at

support@antientropicstudios.com.