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END USER LICENSE AGREEMENT

Eleanor

Last Updated: February 7, 2026

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IMPORTANT - READ CAREFULLY

This End User License Agreement ("Agreement" or "EULA") is a legal agreement between you ("User," "you," or "your") and CynicalMonkeys ("Developer," "we," "us," or "our") governing your use of Eleanor (the "Game"), including all updates, patches, downloadable content, and related materials.

BY CLICKING "I ACCEPT," INSTALLING, OR USING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE GAME.

This Agreement incorporates by reference our Privacy Policy (available at https://www.cynicalmonkeys.com/privacy) and our AI Disclosure Notice (available at https://www.cynicalmonkeys.com/aidisclosure). Please review both documents carefully.

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TABLE OF CONTENTS

1. [Age Restrictions and Mature Content Warnings](#1-age-restrictions-and-mature-content-warnings)
2. [Early Access Beta Acknowledgment](#2-early-access-beta-acknowledgment)
3. [License Grant](#3-license-grant)
4. [AI-Generated Content](#4-ai-generated-content)
5. [Ownership and Intellectual Property](#5-ownership-and-intellectual-property)
6. [Restrictions on Use](#6-restrictions-on-use)
7. [Privacy and Data Collection](#7-privacy-and-data-collection)
8. [User-Generated Content and Streaming](#8-user-generated-content-and-streaming)
9. [Community Standards](#9-community-standards)
10. [Service Availability and Termination](#10-service-availability-and-termination)
11. [Disclaimers and Warranties](#11-disclaimers-and-warranties)
12. [Limitation of Liability](#12-limitation-of-liability)
13. [Indemnification](#13-indemnification)
14. [Updates and Amendments](#14-updates-and-amendments)
15. [Dispute Resolution and Governing Law](#15-dispute-resolution-and-governing-law)
16. [Miscellaneous](#16-miscellaneous)
17. [Contact Information](#17-contact-information)

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1. AGE RESTRICTIONS AND MATURE CONTENT WARNINGS

1.1 Minimum Age Requirement

YOU MUST BE AT LEAST 18 YEARS OLD (OR THE AGE OF MAJORITY IN YOUR JURISDICTION) TO PLAY THIS GAME.

If you are under 18 (or the applicable age of majority), you may only use the Game with the express permission and supervision of a parent or legal guardian who has read and agrees to this Agreement.

1.2 Mature Content Warning

THIS GAME CONTAINS INTENSE HORROR CONTENT THAT MAY NOT BE SUITABLE FOR ALL AUDIENCES.

The Game includes, but is not limited to, the following mature content:
- Intense violence and gore including depictions of death and injury
- Psychological horror including disturbing imagery and themes
- Body horror and grotesque imagery
- Dark themes including death, loss, grief, and existential dread
- Religious imagery that some may find offensive
- Strong language and profanity
- References to substance abuse
- Jump scares and sudden loud noises designed to startle players
- Flashing lights and strobing effects

1.3 Health and Safety Warnings

PHOTOSENSITIVITY AND SEIZURE WARNING

The Game contains flashing lights, rapidly changing images, and strobing effects that may trigger seizures in individuals with photosensitive epilepsy or other photosensitive conditions. If you or anyone in your family has an epileptic condition or has experienced seizures, consult a physician before playing.

SYMPTOMS OF PHOTOSENSITIVE SEIZURES MAY INCLUDE:
- Dizziness, altered vision, eye or face twitching
- Jerking or shaking of arms or legs
- Disorientation, confusion, or momentary loss of awareness
- Loss of consciousness or convulsions

TO REDUCE RISK:
- Play in a well-lit room
- Sit as far from the screen as possible
- Take 15-minute breaks for every hour of play
- Discontinue play immediately if you experience any symptoms

MENTAL HEALTH ADVISORY

This Game contains psychologically intense horror content, including themes of death, isolation, mental illness, and existential dread. The experience is designed to create feelings of fear, anxiety, and psychological discomfort.

DO NOT PLAY THIS GAME IF:
- You have a history of anxiety disorders, PTSD, or other mental health conditions that may be triggered by horror content
- You are currently experiencing mental health difficulties
- The content described above represents a risk to your mental well-being

If you are in crisis or need mental health support, please contact:
- US: National Suicide Prevention Lifeline: 988 or 1-800-273-8255
- UK: Samaritans: 116 123
- International: Find a Helpline: https://findahelpline.com

CARDIAC HEALTH WARNING

This Game is designed to startle and frighten players through jump scares, sudden loud noises, and unexpected events. If you have a heart condition, high blood pressure, or any cardiovascular concerns, consult a physician before playing.

GENERAL HEALTH RECOMMENDATIONS:
- Stay hydrated during play
- Take regular breaks (recommended: 15 minutes per hour)
- Play in a comfortable, well-ventilated environment
- Stop playing immediately if you feel unwell

1.4 Assumption of Risk

BY PLAYING THIS GAME, YOU EXPLICITLY ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH THE FRIGHTENING, DISTURBING, AND PSYCHOLOGICALLY INTENSE NATURE OF THE CONTENT. You agree that you have been adequately warned about the Game's content and that you are voluntarily choosing to experience this content.

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2. EARLY ACCESS BETA ACKNOWLEDGMENT

2.1 Beta Status

THIS GAME IS IN EARLY ACCESS BETA AND IS A WORK IN PROGRESS.

You acknowledge and agree that:

The Game is incomplete and under active development. Features, content, mechanics, and systems may be missing, unfinished, or subject to change.

The Game is provided "AS IS" for evaluation, testing, and demonstration purposes. The Game may contain bugs, errors, crashes, performance issues, save file corruption, and other defects.

The Game may and probably will crash, freeze, or cause data loss. You accept full responsibility for backing up any save data and accept that save files may become corrupted or incompatible with future updates.

We make no promises about release timing, feature completeness, or continued availability. The final release version may differ significantly from the Early Access version. We reserve the right to abandon development, cancel the full release, or discontinue Early Access at any time.

2.2 Data Wipes and Progress Resets

We reserve the right to reset, wipe, or delete player progress, save files, achievements, or any other player data at any time during Early Access. This includes but is not limited to:
- Game save data and player progress
- Settings and preferences
- AI conversation history and NPC memory states
- Achievements and statistics

We will attempt to provide advance notice of planned data wipes when feasible, but are not obligated to do so.

2.3 Feature Changes

We may add, remove, modify, or completely redesign any feature, mechanic, content, or system at any time during Early Access at our sole discretion. This includes:
- Game mechanics and core systems
- Levels, environments, and story content
- AI NPC behavior, dialogue systems, and character personalities
- Graphics, audio, and user interface
- Multiplayer or online features (if any)

2.4 Pricing

The Early Access price may differ from the final release price. We make no guarantees that Early Access purchasers will receive the full game at a discount or that the final price will be higher or lower than the Early Access price.

2.5 Refunds

Your purchase is subject to Steam's refund policy (available at https://store.steampowered.com/steam_refunds/). Early Access playtime counts toward Steam's 2-hour refund eligibility window. We have no independent refund obligation beyond what Steam and applicable consumer protection laws require.

2.6 Feedback and Bug Reports

We welcome your feedback, bug reports, suggestions, and other input about the Game ("Feedback"). By providing Feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, modify, distribute, and otherwise exploit your Feedback for any purpose without compensation or attribution to you. Feedback becomes our property, and we have no obligation to implement, use, or respond to any Feedback.

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3. LICENSE GRANT

3.1 License

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Game solely for your personal, non-commercial entertainment purposes.

THIS IS A LICENSE, NOT A SALE. You are not purchasing ownership of the Game. This Agreement grants you only a limited right to use the Game under the terms specified herein.

3.2 California Digital Goods Disclosure (AB 2426)

YOU ARE PURCHASING A LICENSE TO ACCESS DIGITAL CONTENT. YOU DO NOT OWN THE GAME OR ANY GAME CONTENT. Your license is subject to the terms of this Agreement and may be revoked if you violate these terms. You do not acquire any ownership rights, title, or interest in the Game.

3.3 Number of Installations

You may install and use the Game on any number of devices you own or control, provided that you are the only person using the Game and only one instance of the Game is running at any time.

3.4 Transfer Restrictions

You may not sell, rent, lease, lend, sublicense, or transfer your license to the Game or your Game account to any other person or entity. Any attempted transfer is void.

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4. AI-GENERATED CONTENT

4.1 Use of Artificial Intelligence

THIS GAME USES ARTIFICIAL INTELLIGENCE TO GENERATE NPC DIALOGUE AND CONTENT IN REAL-TIME.

The Game employs AI language models to power certain non-player characters (NPCs), including the character Eleanor, who can respond to your text inputs in natural conversational language. Unlike traditional games with pre-written dialogue trees, AI-generated content is created dynamically during gameplay and is inherently unpredictable.

For detailed information about the specific AI model used, how your data is processed, safety measures, and limitations, please review our AI Disclosure Notice at https://www.cynicalmonkeys.com/aidisclosure.

4.2 Unpredictability and Limitations

AI-GENERATED CONTENT IS UNPREDICTABLE AND MAY PRODUCE UNEXPECTED, INACCURATE, INAPPROPRIATE, OR CONTEXTUALLY NONSENSICAL RESPONSES.

You acknowledge and agree that:

AI outputs cannot be guaranteed. The AI may generate responses that are inconsistent with the Game's narrative, contain factual inaccuracies, break immersion, or fail to provide useful gameplay guidance.

AI outputs may occasionally be inappropriate or offensive despite content filtering and safety measures. While we employ guardrails to prevent harmful content, AI systems are imperfect and may occasionally produce unwanted outputs.

You use AI features at your own risk. You agree to evaluate all AI-generated content critically and bear all risks associated with relying on AI outputs.

4.3 Non-Reliance

AI-GENERATED NPC DIALOGUE SHOULD NOT BE TREATED AS FACTUAL INFORMATION, PROFESSIONAL ADVICE, OR GUIDANCE OF ANY KIND.

The AI has not been trained or calibrated to provide:
- Medical, mental health, or therapeutic advice
- Legal, financial, or professional counsel
- Factual information about real-world topics
- Personal recommendations or life guidance

Any statements made by AI NPCs are for entertainment purposes only within the fictional context of the Game.

4.4 Content Filtering and Reporting

We employ content filtering systems designed to prevent AI NPCs from generating:
- Instructions for illegal or harmful activities
- Sexually explicit content
- Content encouraging self-harm or violence
- Hate speech or discriminatory language
- Real-world personal information

If an AI NPC generates content you believe is inappropriate, offensive, or violates our content guidelines, please report it by contacting george@cynicalmonkeys.com.

4.5 AI Model Changes

We reserve the right to modify, update, replace, retrain, or discontinue any AI model or system at any time without notice. This may result in changes to NPC behavior, personality, response quality, or capabilities.

4.6 No Ownership of AI Outputs

YOU DO NOT OWN OR ACQUIRE ANY INTELLECTUAL PROPERTY RIGHTS IN AI-GENERATED CONTENT.

AI-generated NPC dialogue is not owned by you, may not be unique, and may not be protectable under copyright or other intellectual property laws. All AI-generated content remains the property of the Developer to the extent permitted by law.

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5. OWNERSHIP AND INTELLECTUAL PROPERTY

5.1 Developer Ownership

All rights, title, and interest in and to the Game and all components thereof, including but not limited to:
- Computer code, source code, and object code
- Graphics, artwork, animations, models, textures, and visual assets
- Audio, music, sound effects, and voice recordings
- Story, narrative, dialogue, characters, and lore (including AI-generated dialogue)
- Game mechanics, systems, and design
- Trademarks, service marks, logos, and trade dress
- Documentation, manuals, and support materials

are owned exclusively by the Developer and/or our licensors. The Game is protected by copyright, trademark, trade secret, and other intellectual property laws.

5.2 Reservation of Rights

This Agreement grants you only the limited license described in Section 3. All rights not expressly granted herein are reserved by the Developer. Nothing in this Agreement transfers any ownership rights to you.

5.3 Third-Party Software

The Game may incorporate third-party software components subject to separate license agreements, including:
- Steam® platform (subject to the Steam Subscriber Agreement)
- Meta Llama 3.2 3B Instruct (subject to the Llama 3.2 Community License Agreement)
- Unreal Engine (subject to the Unreal Engine End User License Agreement)

Your use of such third-party software is subject to the applicable third-party license agreements, which are incorporated herein by reference.

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6. RESTRICTIONS ON USE

6.1 Prohibited Activities

You may not, and you agree not to:

Violate the license grant. Use the Game for any purpose other than personal, non-commercial entertainment.

Reverse engineer, decompile, or disassemble the Game except to the minimum extent expressly permitted by applicable law despite this restriction.

Modify, adapt, translate, or create derivative works based on the Game or any portion thereof.

Copy, distribute, publicly perform, or publicly display the Game except as expressly permitted by this Agreement.

Circumvent technical protection measures, including but not limited to encryption, DRM, access controls, or copy protection.

Exploit bugs, glitches, or unintended game mechanics for unfair advantage or to disrupt other players' experiences.

Use cheats, hacks, bots, automation software, or unauthorized third-party tools to modify or interfere with the Game.

Extract, access, or manipulate the AI system, including attempting to extract prompts, modify AI behavior outside intended gameplay, or use the AI system for purposes other than playing the Game.

Commercially exploit the Game including operating game servers for profit, selling in-game items for real money (if applicable), or using the Game for commercial purposes without written permission.

Use the Game to harass, abuse, threaten, or harm others.

Impersonate any person or entity or falsely represent your affiliation with any person or entity.

Interfere with or disrupt the Game, servers, or networks connected to the Game.

Violate any applicable laws or regulations in connection with your use of the Game.

6.2 Modding Policy

Modding, modification, or alteration of the Game's code, assets, or files is strictly prohibited.

6.3 Enforcement

We reserve the right to investigate violations of this Agreement and to take appropriate action, including terminating your license, removing content, or reporting violations to law enforcement.

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7. PRIVACY AND DATA COLLECTION

7.1 Privacy Policy

Your use of the Game is subject to our Privacy Policy (available at https://www.cynicalmonkeys.com/privacy), which is incorporated into this Agreement by reference. Please review the Privacy Policy to understand our privacy-first approach.

7.2 No Data Collection

WE DO NOT COLLECT ANY PERSONAL INFORMATION, GAMEPLAY DATA, AI CONVERSATION DATA, OR USER-GENERATED CONTENT FROM THE GAME.

The Game operates entirely on your device with zero data transmission to our servers. Specifically:

We do NOT collect:
- Personal information (name, email, address, etc.)
- AI conversation inputs (what you type to Eleanor)
- AI conversation outputs (Eleanor's responses)
- Gameplay data, choices, or progression
- Save files or game settings
- Analytics, telemetry, or usage statistics
- Crash reports or error logs
- Any other user-generated content

All game data remains exclusively on your device and is never transmitted to us or any third party.

7.3 Steam Platform Data

While we do not collect any data, Steam (Valve Corporation) may collect certain information as part of the Steam platform, including:
- Your Steam ID and profile information
- Purchase and playtime data
- Achievement data
- Steam Cloud save files (if you enable this feature)

Steam's data collection and use is governed by the Steam Privacy Policy (available at https://store.steampowered.com/privacy_agreement/) and the Steam Subscriber Agreement. We have no access to, control over, or responsibility for Steam's data practices.

7.4 Children's Privacy (COPPA Compliance)

The Game is not directed to children under 13 years of age.

Because we collect zero data, we do not have COPPA compliance obligations related to data collection. However, the Game contains mature content inappropriate for children (see Section 1) and is rated for ages 18+.

If you are under 13, DO NOT USE THE GAME. The Game will present an age verification gate on first launch. If you indicate you are under 18, you will be required to confirm parental permission before proceeding.

7.5 Local AI Processing

AI NPC dialogue is processed 100% locally on your device using the Llama 3.2 3B Instruct model.

- Your conversation inputs never leave your device
- AI processing happens entirely offline (after initial game installation)
- No external servers, cloud services, or third-party APIs are involved
- We have no access to your conversations with Eleanor

See our AI Disclosure Notice at https://www.cynicalmonkeys.com/aidisclosure for complete technical details about how the AI works and what data stays on your device.

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8. USER-GENERATED CONTENT AND STREAMING

8.1 User-Generated Content License

If you create, upload, or share any content related to the Game ("User Content"), including but not limited to screenshots, videos, streams, artwork, mods, or other materials, you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, distribute, publicly display, publicly perform, and otherwise exploit your User Content for any purpose, including promotional and commercial purposes, without compensation or attribution to you.

You retain ownership of your User Content, but you grant us the broad license described above. You represent and warrant that you have all rights necessary to grant this license and that your User Content does not infringe any third-party rights.

8.2 Streaming and Content Creation

YOU ARE PERMITTED TO STREAM, RECORD, AND CREATE VIDEO CONTENT OF THE GAME for sharing on platforms such as Twitch, YouTube, TikTok, and similar services, subject to the following conditions:

Attribution required. You must clearly identify the Game by name (Eleanor) and credit the Developer (CynicalMonkeys) in your content description or video metadata.

Monetization permitted. You may monetize your streams and videos through platform partner programs (e.g., Twitch Partner, YouTube Partner Program), donations, subscriptions, and ad revenue.

No misleading content. You may not create content that falsely suggests official endorsement by the Developer or misrepresents the Game's content or quality.

Content standards apply. Your streams and videos must not include hate speech, harassment, illegal content, or content that violates platform community guidelines.

Story spoilers. We encourage you to use spoiler warnings for major story revelations to respect other players' experiences.

We reserve the right to revoke streaming permissions for any content creator who violates these terms or engages in harmful behavior.

8.3 User Content Standards

You agree that any User Content you create or share will not:
- Infringe third-party intellectual property, privacy, or other rights
- Contain malicious code, viruses, or harmful software
- Contain illegal content or promote illegal activities
- Constitute harassment, hate speech, or discriminatory content
- Impersonate any person or entity
- Violate any applicable laws or regulations

We reserve the right to remove any User Content that violates these standards or this Agreement.

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9. COMMUNITY STANDARDS

9.1 Code of Conduct

You agree to treat all players, community members, and Developer staff with respect and dignity. You will not engage in:

Harassment or abuse including threats, intimidation, stalking, doxxing, or unwanted sexual advances.

Hate speech or discrimination based on race, ethnicity, national origin, religion, gender identity, sexual orientation, disability, age, or other protected characteristics.

Cheating or exploitation including using bugs, glitches, or third-party software for unfair advantage.

Disruptive behavior including griefing, trolling, spamming, or intentionally degrading other players' experiences.

Impersonation of other players, community members, or Developer staff.

Sharing others' personal information without consent.

9.2 Enforcement and Sanctions

Violations of community standards may result in:
- Warnings or temporary suspensions
- Permanent account termination
- Removal of content or User Content
- Reporting to law enforcement for illegal activities

We reserve the right to determine what constitutes a violation and to take appropriate action at our sole discretion. Decisions regarding sanctions are final, though you may appeal by contacting george@cynicalmonkeys.com.

9.3 Reporting

If you witness violations of community standards, please report them to george@cynicalmonkeys.com. We will investigate reports and take appropriate action, though we cannot guarantee responses to individual reports.

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10. SERVICE AVAILABILITY AND TERMINATION

10.1 No Guaranteed Availability

WE DO NOT GUARANTEE THAT THE GAME WILL BE AVAILABLE AT ANY TIME OR FOR ANY MINIMUM PERIOD.

We reserve the right to modify, suspend, or discontinue the Game or any feature, service, or online component at any time, with or without notice, for any reason including but not limited to:
- Maintenance, updates, or technical issues
- Security concerns or abuse prevention
- Business decisions or financial considerations
- Legal or regulatory requirements

We are not obligated to provide any minimum level of service, uptime guarantee, or service level agreement (SLA).

10.2 End of Service Notice

If we decide to permanently discontinue the Game or significant online features, we will make reasonable efforts to provide at least 30 days advance notice via in-game announcement, Steam news post, or email (if you have provided one).

Where technically feasible, we will attempt to:
- Provide an offline mode or single-player functionality
- Allow players to export save data
- Preserve core gameplay experiences

However, we make no guarantees and have no obligation to provide these accommodations.

10.3 No Refunds Upon Discontinuation

EXCEPT AS REQUIRED BY APPLICABLE CONSUMER PROTECTION LAW, WE HAVE NO OBLIGATION TO PROVIDE REFUNDS OR COMPENSATION IF THE GAME OR ANY FEATURE IS DISCONTINUED.

10.4 Termination by Developer

We may terminate or suspend your license to the Game immediately, without notice, if:
- You violate any term of this Agreement
- We are required to do so by law or legal process
- We discontinue the Game or Early Access
- We determine, in our sole discretion, that termination is necessary

10.5 Termination by User

You may terminate this Agreement at any time by:
- Uninstalling the Game from all devices
- Deleting your account (if applicable)
- Ceasing all use of the Game

10.6 Effects of Termination

Upon termination:
- Your license to use the Game immediately ends
- You must cease all use of the Game and delete all copies
- Sections of this Agreement that by their nature should survive (including warranty disclaimers, liability limitations, indemnification, and dispute resolution) will remain in effect

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11. DISCLAIMERS AND WARRANTIES

11.1 "As Is" Provision

THE GAME IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

- Warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement
- Warranties that the Game will be error-free, uninterrupted, secure, or available at any particular time
- Warranties that defects or errors will be corrected
- Warranties regarding the accuracy, reliability, or completeness of any content, including AI-generated content
- Warranties that the Game will meet your requirements or expectations

11.2 AI-Specific Disclaimers

WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING AI-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO:
- The accuracy, reliability, appropriateness, or quality of AI outputs
- The AI's ability to understand context, provide gameplay guidance, or maintain narrative consistency
- The effectiveness of content filtering or safety measures
- The suitability of AI outputs for any particular purpose

11.3 Beta/Early Access Disclaimers

BECAUSE THIS IS AN EARLY ACCESS BETA:
- The Game is incomplete and under development
- Features may be missing, broken, or subject to change
- Bugs, crashes, data loss, and performance issues are expected
- We make no promises about release timing or feature completion
- The Game may never reach full release

11.4 Third-Party Services

We are not responsible for any third-party services, content, or platforms integrated with or accessible through the Game, including Steam, social media platforms, or analytics services. Your use of such services is subject to their respective terms and privacy policies.

11.5 Consumer Protection Carve-Out

NOTHING IN THIS SECTION AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER THAT CANNOT BE WAIVED OR LIMITED UNDER APPLICABLE LAW.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on statutory rights. If you reside in such a jurisdiction, some or all of the above disclaimers may not apply to you, and you may have additional rights.

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12. LIMITATION OF LIABILITY

12.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE DEVELOPER, ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

- Loss of profits, revenue, business, or anticipated savings
- Loss of data, save files, or User Content
- Loss of use, goodwill, or reputation
- Business interruption
- Procurement of substitute goods or services
- Emotional distress or psychological harm
- Any other intangible losses

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Aggregate Liability Cap

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE GAME SHALL NOT EXCEED THE GREATER OF:
- The amount you paid for the Game (if any), OR
- $100 USD

12.3 AI and Beta-Specific Limitations

We are not liable for:
- Any harm, damage, or loss arising from AI-generated content or your reliance on AI outputs
- Any bugs, crashes, data loss, or other issues inherent in Early Access beta software
- Any changes to features, mechanics, or content during development
- Discontinuation of the Game or Early Access before full release

12.4 Allocation of Risk

The disclaimers and limitations in this Agreement reflect a reasonable allocation of risk between you and us. The pricing of the Game reflects this allocation. These limitations will apply even if any limited remedy in this Agreement fails of its essential purpose.

12.5 Mandatory Consumer Protection Rights

NOTHING IN THIS SECTION EXCLUDES OR LIMITS OUR LIABILITY FOR:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be excluded or limited under applicable law

Some jurisdictions do not allow limitations on liability for incidental or consequential damages. If you reside in such a jurisdiction, the above limitations may not apply to you.

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13. INDEMNIFICATION

13.1 Your Indemnification Obligation

You agree to indemnify, defend (at our option), and hold harmless the Developer, its affiliates, licensors, and each of their respective officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

- Your use or misuse of the Game
- Your violation of this Agreement
- Your violation of any law, regulation, or third-party right
- Any User Content you create, upload, or share
- Your breach of any representation or warranty in this Agreement

13.2 Cooperation

You will cooperate fully with us in the defense of any claim. We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense.

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14. UPDATES AND AMENDMENTS

14.1 Game Updates

We may release updates, patches, downloadable content, or other modifications to the Game at any time. Some updates may be mandatory to continue using the Game. You consent to automatic downloads and installation of updates.

Updates may:
- Fix bugs, improve performance, or add new features
- Modify or remove existing features or content
- Change game balance, mechanics, or systems
- Update AI models, behavior, or content filtering
- Modify this Agreement or associated policies

You are responsible for ensuring you have sufficient bandwidth and storage for updates. We are not responsible for any costs associated with downloading updates.

14.2 EULA Amendments

We reserve the right to modify this Agreement at any time. When we make material changes, we will:
- Update the "Last Updated" date at the top of this Agreement
- Notify you via in-game announcement, Steam news post, or email (if provided)
- Post the updated Agreement at https://www.cynicalmonkeys.com/eula

Continued use of the Game after changes constitutes your acceptance of the modified Agreement. If you do not agree to the changes, you must stop using the Game. For material changes, we may require you to affirmatively accept the new terms before continuing to use the Game.

14.3 Policy Updates

Our Privacy Policy and AI Disclosure Notice may be updated separately from this Agreement. Material changes to privacy practices will be communicated as required by applicable law. Please review these documents periodically.

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15. DISPUTE RESOLUTION AND GOVERNING LAW

15.1 Informal Dispute Resolution

Before filing a claim, you agree to contact us at george@cynicalmonkeys.com and attempt to resolve the dispute informally. Please provide:
- Your name and contact information
- A description of the dispute
- The relief you seek

We will attempt to resolve the dispute within 60 days. If we cannot resolve the dispute informally, you may pursue formal dispute resolution as described below.

15.2 Governing Law

This Agreement is governed by the laws of the State of Illinois, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.3 Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate. You and the Developer agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Game (collectively, "Disputes") will be resolved through binding individual arbitration rather than in court, except as provided below.

Arbitration Rules. Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be held in Cook County, Illinois or remotely by videoconference. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

Exception - Small Claims Court. Either party may bring an individual action in small claims court instead of arbitration if the claim qualifies and remains in small claims court.

Exception - Intellectual Property. Either party may seek injunctive or other equitable relief in court for infringement or misappropriation of intellectual property rights.

No Class Actions. YOU AND THE DEVELOPER AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action or class arbitration.

Arbitration Costs. We will pay all AAA filing, administration, and arbitrator fees for claims of $10,000 or less. For claims exceeding $10,000, fees will be allocated per AAA rules.

Opt-Out Right. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST ACCEPTING THIS AGREEMENT by sending written notice to george@cynicalmonkeys.com with the subject line "Arbitration Opt-Out" and including your name and the date you first accepted this Agreement. If you opt out, disputes will be resolved in court as described below.

Future Changes. If we make material changes to this arbitration provision, you may reject the change by sending written notice within 30 days of the change. Rejecting the change means the prior arbitration provision will apply to you.

15.4 Jurisdiction and Venue (If Arbitration Does Not Apply)

If arbitration does not apply (due to opt-out, exception, or ineligibility), you agree to exclusive jurisdiction in the state and federal courts located in Cook County, Illinois. You waive any objection to venue or inconvenient forum.

15.5 Consumer Rights Preservation

Nothing in this Agreement waives, limits, or otherwise affects any statutory consumer rights that cannot be waived under applicable law. If a mandatory consumer protection law provides you with additional rights or remedies, those rights and remedies apply in addition to the terms of this Agreement.

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16. MISCELLANEOUS

16.1 Entire Agreement

This Agreement, together with the Privacy Policy and AI Disclosure Notice, constitutes the entire agreement between you and the Developer regarding the Game and supersedes all prior or contemporaneous agreements, communications, or understandings, whether written or oral.

16.2 Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable, or if that is not possible, will be severed.

16.3 Waiver

Our failure to enforce any right or provision of this Agreement will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative.

16.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under this Agreement without our prior written consent. We may freely assign this Agreement without your consent. Any attempted assignment in violation of this section is void.

16.5 Force Majeure

We will not be liable for any delay or failure to perform our obligations under this Agreement due to causes beyond our reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, internet or utility failures, government actions, pandemics, or natural disasters.

16.6 No Third-Party Beneficiaries

This Agreement is solely for your benefit and ours. No third party has any right to enforce any provision of this Agreement.

16.7 Language

This Agreement is written in English. Any translation is provided for convenience only. In the event of conflict between the English version and any translation, the English version controls.

16.8 Survival

Sections that by their nature should survive termination (including Sections 5, 8, 9, 11, 12, 13, 15, and 16) will survive any termination or expiration of this Agreement.

16.9 Export Control

You agree to comply with all applicable export control laws and regulations. You will not export, re-export, or transfer the Game to any prohibited country, entity, or person without required government authorization.

16.10 Government End Users

If you are a U.S. Government end user, the Game is "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined in FAR 12.212 and DFARS 227.7202. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions in this Agreement.

16.11 Feedback

If you provide suggestions, ideas, feedback, or other input about the Game, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable license to use that feedback for any purpose without compensation or attribution.

16.12 Contact for Legal Notices

All legal notices to the Developer must be sent to:

CynicalMonkeys
Attn: Legal Department
1705 W LeMoyne St
Chicago, IL 60622
Email: george@cynicalmonkeys.com

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17. CONTACT INFORMATION

General Inquiries and Support:
Email: george@cynicalmonkeys.com
Website: https://www.cynicalmonkeys.com

Legal Notices:
Email: george@cynicalmonkeys.com

Bug Reports and Feedback:
In-game reporting system or george@cynicalmonkeys.com

Mailing Address:
CynicalMonkeys
Attn: Legal Department
1705 W LeMoyne St
Chicago, IL 60622

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ACCEPTANCE

BY CLICKING "I ACCEPT," INSTALLING, ACCESSING, OR USING THE GAME, YOU ACKNOWLEDGE THAT:

✓ You have read and understood this Agreement
✓ You agree to be bound by its terms
✓ You are at least 18 years old or have parental consent
✓ You have been warned about the mature content and health risks
✓ You understand this is an Early Access beta with risks
✓ You understand the Game uses AI with inherent limitations
✓ You have reviewed the Privacy Policy and AI Disclosure Notice

IF YOU DO NOT AGREE, DO NOT USE THE GAME.

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Last Updated: February 7, 2026
Version: 1.0 (Early Access)
Document ID: EULA-EA-001

CynicalMonkeys - All Rights Reserved