Last updated: August 29, 2026
Section 12 requires most disputes to be resolved by individual arbitration rather than in court, and waives your right to participate in a class action.
You can opt out of arbitration within 30 days of first accepting these terms by emailing support@mistermarbi.com. Opting out does not affect anything else here.
These terms govern your use of the Brinkfall mobile game (the “app”), published by Mister Marbi’s LLC, an Illinois limited liability company doing business as Mister Marbi (“we”, “us”).
By installing or using the app, you agree to these terms. If you do not agree, do not use the app.
1. Eligibility
You must be at least 13 years old to use the app. If you are under 18, you may use it only with the involvement and consent of a parent or legal guardian, who agrees to these terms on your behalf and is responsible for your use of the app, including any purchases.
2. Licence
We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the app on devices you own or control, for your own non-commercial entertainment.
You may not copy, modify, reverse engineer, decompile, translate, rent, lease, sell, sublicense, or distribute the app or any part of it, except where that restriction is prohibited by applicable law.
3. Purchases and virtual items
- Purchases are handled by the platform store — Google Play or the Apple App Store — under that store’s terms and payment policies.
- Virtual items are a licence, not property. You do not own them, they have no monetary value, they cannot be exchanged for money, and they cannot be transferred between accounts, devices, or players.
- Refunds are governed by the store you purchased through. Requests go to Google or Apple, not to us, and are subject to their rules.
- Unlocks are stored on your device. If you delete the app, change device, or reset your device, unlocks may not carry over. Use the restore option in the store screen where available.
We may add, change, rebalance, or withdraw virtual items and game content at any time, including items you have already purchased, where necessary to keep the game working or balanced.
4. Multiplayer conduct
When playing against other people, you agree not to:
- Use modified or unofficial clients, automation, or any tool intended to give an unfair advantage
- Interfere with, overload, or attempt to gain unauthorised access to the matchmaking service or to another player’s match
- Deliberately abandon matches, manipulate results, or arrange outcomes with another player in order to affect standings
- Use the app for any unlawful purpose
We may suspend or block access to multiplayer features if we reasonably believe these terms have been broken. Because the app has no account sign-up, such blocks apply to the anonymous identifier on the device.
5. Availability
Multiplayer depends on internet connectivity and third-party infrastructure. We do not guarantee the service will be available, uninterrupted, or error-free, and we may modify, suspend, or discontinue any part of it — including multiplayer entirely — at any time.
Single-player content does not require a connection and will continue to work if multiplayer is discontinued.
We may release updates and may require you to install one to continue using the app.
6. Match data
Match data, including the board, placements, and moves, is stored on our service to run and synchronise the match. We may remove completed or abandoned matches at any time. See the Privacy Policy for detail.
7. Intellectual property
The app, its name, artwork, characters, audio, and code are owned by us and protected by copyright and trademark law. Nothing in these terms transfers any of those rights to you.
8. Indemnification
You agree to indemnify, defend, and hold harmless Mister Marbi’s LLC and its members, officers, and agents from any claim, demand, loss, liability, or expense, including reasonable attorneys’ fees, arising out of your use of the app, your violation of these terms, or your violation of any law or the rights of a third party.
9. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE FREE OF DEFECTS, OR THAT DATA, PROGRESS, OR VIRTUAL ITEMS WILL NOT BE LOST.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROGRESS, VIRTUAL ITEMS, GOODWILL, OR PROFITS, ARISING FROM OR RELATING TO YOUR USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US THROUGH IN-APP PURCHASES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100).
Nothing in these terms limits liability that cannot lawfully be limited, including for death or personal injury caused by negligence, or for fraud. Some jurisdictions do not allow certain exclusions or limitations, so parts of sections 9 and 10 may not apply to you. You may also have statutory consumer rights that these terms do not affect.
11. Time limit on claims
Any claim relating to the app must be brought within one year after it arises, except where a longer period is required by applicable law. Otherwise the claim is permanently barred.
12. Disputes, arbitration, and class action waiver
Please read this section carefully. It affects how disputes between us are resolved.
12.1 Informal resolution first
Before starting arbitration, you agree to contact us at support@mistermarbi.com with a description of the dispute and to allow 30 days for us to resolve it informally. Most problems can be settled this way.
12.2 Agreement to arbitrate
If a dispute is not resolved informally, you and we agree that any dispute arising out of or relating to the app or these terms will be resolved by binding individual arbitration rather than in court, administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this section.
Arbitration will take place in Illinois or, at your election, in your home county, or by telephone or video conference. An arbitrator may award the same individual relief a court could.
12.3 Class action waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.
If this waiver is found unenforceable as to a particular claim, that claim alone proceeds in court and the rest of this section still applies.
12.4 Your right to opt out
You may opt out of sections 12.2 and 12.3 by emailing support@mistermarbi.com with your decision to opt out within 30 days of first accepting these terms. Opting out affects nothing else in these terms and will not affect your use of the app.
12.5 Exceptions
Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property.
13. Governing law
These terms are governed by the laws of the State of Illinois, without regard to conflict-of-law rules. For any dispute not subject to arbitration, you and we consent to the exclusive jurisdiction of the state and federal courts located in Illinois, except where your local consumer law gives you the right to bring proceedings elsewhere.
14. Apple App Store
If you obtained the app from the Apple App Store, the following applies. These terms are between you and us only, not with Apple. Apple has no obligation to provide maintenance or support for the app. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claim relating to the app, including product liability, legal or regulatory non-compliance, or consumer protection claims. Apple is not responsible for investigating, defending, settling, or discharging any third-party claim that the app infringes intellectual property rights. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
15. Termination
You may stop using the app at any time by deleting it. We may suspend or terminate your access if you break these terms. Sections 7 through 13 survive termination.
16. General
If any provision of these terms is held unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these terms; we may assign them to a successor of our business. We are not liable for failures caused by events beyond our reasonable control. These terms, with the Privacy Policy, are the entire agreement between you and us regarding the app.
17. Changes
We may update these terms. The date at the top will change, and significant changes will be noted in the app. Continuing to use the app after a change means you accept the updated terms.
18. Contact
Mister Marbi’s LLC, d/b/a Mister Marbi
support@mistermarbi.com