UNDEAD FOX STUDIO

Terms of Service for Where's Tess ↑

Effective date: August 4, 2026

Version: 1.0

These Terms of Service (the “Terms”) are a legally binding agreement between you and UNDEAD FOX STUDIO DOO, with its business address at Vladimira Rolovica 2, Bar, Montenegro, PIB / Tax ID 03432513 (“Undead Fox,” “Company,” “we,” “us,” or “our”), for the Services that the Company operates. The app provider, seller, or distributor identified in an app-store listing may separately license the downloadable application or act as seller of record for a Store transaction. If that is a different entity, it does not become a party to these Terms unless it expressly adopts them.

These Terms govern your access to and use of the mobile game Where's Tess (the “Game”), its directly related online features, customer support, and Where's Tess pages that link to these Terms (together, the “Services”). They do not govern another Company game or product merely because it appears on the same Company website.

Please read these Terms before using the Services. By downloading, installing, accessing, or using the Services after these Terms have been made available to you, you agree to be bound by them to the extent that applicable law permits an agreement to be formed in this way. If applicable law requires an affirmative control, parental authorization, or another form of acceptance, these Terms become binding only when that requirement has been satisfied. If you do not agree, do not download, install, access, or use the Services. We will keep the current version available online with its version number and effective date so that you can view and save a copy.

Your acceptance of these Terms is separate from any privacy or advertising choice. Accepting these Terms does not, by itself, constitute consent to personalized advertising, optional analytics, tracking, or any processing of personal data that requires separate consent under applicable law.

1. Who May Use the Services ↑

You must be at least 13 years old to use the Services. If the law or Store rules in your country require a higher minimum age, that higher age applies. The Game may have different age or content ratings in different countries and Stores. A Store rating describes the Game's content; it does not determine whether a person can legally enter into this agreement.

If you are under the age of legal majority where you live, your parent or legal guardian must review and agree to these Terms on your behalf and supervise your use of the Services. A minor may make a purchase only with the authorization of a parent or legal guardian and any authorization required by the Store.

Age eligibility under these Terms and the legal requirements governing personal-data processing are separate matters. The 13+ eligibility rule does not, by itself, provide consent or another legal basis for advertising, analytics, tracking, or any other processing for which applicable law requires separate authorization.

The Game contains fictional romance and dating themes and may include suggestive themes, references to alcohol, dramatic conflict, or other material described in the applicable store rating. The Game also offers in-app purchases and may display advertising.

2. Privacy ↑

Our Privacy Policy explains how personal data is collected, used, shared, retained, and protected, and how you may exercise your privacy rights. It forms a separate notice and is not replaced by these Terms.

Agreeing to these Terms does not request, give, or record consent for personalized advertising, optional analytics, tracking, or any other personal-data processing that requires separate consent under applicable law. The Privacy Policy describes the privacy choices and request methods currently available for the relevant version, platform, and region. Exercising a privacy right or withdrawing a privacy consent does not, by itself, terminate these Terms.

3. License to Use the Game ↑

Subject to any separate Store end-user license and to the extent the Company is authorized to license the relevant rights, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to access and use the Game content and Company-operated Services for your private, non-commercial entertainment on devices you own or control, as permitted by the applicable Store's usage rules. The license may be restricted or ended only as described in these Terms, including Section 15, or as required by applicable law or platform rules.

The Game is licensed, not sold. Except for the limited license above, no right, title, or interest in the Game or Services is transferred to you. Rights not expressly granted are reserved by the Company and its licensors.

4. Platform Authentication and Saved Progress ↑

The Game may use authentication services supplied by Google Play Games, Apple Game Center, Firebase, or another platform provider. You are responsible for maintaining the security of the platform account and device through which you access the Game. Please contact the relevant platform provider promptly if you believe your account has been compromised.

Some parts of the main story may be available offline. Features such as authentication, cloud saves, purchases, purchase validation, advertising, customer support, content downloads, and updates may require an internet connection.

The Game may store progress locally on your device and may offer cloud synchronization. If local and cloud versions conflict, the Game may ask you to choose one; choosing one version can overwrite the other. Review any synchronization prompt carefully. Cloud saves are intended as a convenience and are not a substitute for any backup option made available by your platform. We will use reasonable care in providing save features but cannot guarantee that every save can be recovered, subject always to your mandatory legal rights.

To request access to or deletion of account-related personal data, follow the instructions in the Privacy Policy or contact us using the details in Section 23.

5. Acceptable Use ↑

You agree not to:

If you discover an exploit or security issue, please report it to support@undeadfox.com and do not use or disclose it in a way that may harm users or the Services.

6. Virtual Items and In-Game Currency ↑

The Game may offer virtual currencies or items, including Crowns, Keys, Diamonds, Event Currency, outfits, gifts, access to story choices or episodes, and similar digital content (collectively, “Virtual Items”). Virtual Items may be purchased, earned through gameplay, or received through promotions or rewarded advertising.

Virtual Items are licensed digital content for use only within the Game. Unless applicable law expressly provides otherwise, they:

Purchased virtual currency, including Event Currency obtained through an Apple in-app purchase, does not expire merely because time passes. When an event ends, any Event Currency bought with real money will remain usable, be converted into another Virtual Item at the previously disclosed rate, or be compensated as required by applicable law and Store rules. Event Currency that is earned without payment or granted promotionally may expire or convert at the end of an event only if the event period and outcome of the remaining balance were disclosed before participation. Limited-duration items will be handled consistently with applicable law and Store rules.

We may change the availability, name, presentation, or balancing of Virtual Items when reasonably necessary to maintain, improve, secure, or develop the Game. We will not make a material adverse change to paid digital content without a valid reason, appropriate notice, and any remedy required by applicable law. Nothing in these Terms permits us to remove or confiscate paid Virtual Items arbitrarily or to exclude mandatory consumer remedies.

7. Purchases and Billing ↑

Purchases are processed by the app store or payment platform through which you obtained the Game (the “Store”), such as Google Play or Apple's App Store. The Store displays the price, currency, taxes, payment method, and any material purchase conditions before you confirm the transaction. The Store's payment terms also apply.

We do not require you to send us your complete card number or card security code. We or our service providers may receive transaction identifiers, receipts, purchase tokens, product identifiers, country or currency information, and validation results to verify the transaction, deliver content, prevent fraud, and provide support.

You are responsible for purchases that you authorize through your Store account. If a child or another person uses your device or account, use the Store's password, authentication, and parental-control settings to prevent unauthorized purchases.

We may withhold delivery or, after appropriate notice and to the extent permitted by law, remove or adjust the corresponding Virtual Items when a transaction is cancelled, refunded, reversed, or reasonably identified as fraudulent. We will not suspend unrelated access or remove unrelated paid content solely because you exercise a lawful refund or consumer right.

8. Refunds, Withdrawal, and Consumer Remedies ↑

Refund requests for Store purchases should normally be submitted through the Store using the account that completed the transaction. You may also contact us if content was not delivered, was materially defective, or if you need information to identify the purchase. We may need a transaction identifier or receipt, but do not send us full payment-card details.

Store refund procedures do not replace any remedy that the Company must provide under applicable consumer law. Depending on where you live, you may have rights to have non-conforming digital content brought into conformity, to receive a proportionate price reduction or refund, or to terminate the contract. These rights cannot be excluded by these Terms.

Some jurisdictions provide a time-limited right to withdraw from a distance contract. Where the law permits that right to end when digital content is supplied immediately, the required request for immediate performance and acknowledgment must be presented separately before or during checkout. The Company or Store will provide confirmation of the distance contract and, where applicable, that acknowledgment on a durable medium. Agreeing to these Terms alone is not a request to waive or lose a statutory withdrawal right.

9. Rewarded Advertising ↑

The Game may offer an optional opportunity to view an advertisement in exchange for a stated in-game reward. Advertising and individual ad placements may not be available at all times, in every territory, or for every user.

A reward is based on valid completion of the rewarded-ad view as confirmed by the advertising service. It is not conditioned on clicking the ad, installing an advertised app, making a purchase, or providing a positive response.

Do not use automated viewing, repeated account creation, traffic manipulation, VPN or location manipulation for reward abuse, or any other method intended to generate invalid advertising activity. If a validly completed rewarded ad does not deliver the displayed reward, contact support and provide the approximate time, device platform, Game version, and reward involved. Do not send sensitive personal or payment information.

The use of advertising identifiers, personalized advertising, and the privacy choices currently available to users is addressed in the Privacy Policy.

10. Game Content and Fictional Social Features ↑

Where's Tess is an interactive fictional story. Characters, chats, posts, comments, follower activity, and social-media-style interactions presented inside the Game are generally scripted game content, not communications from real users. Similarities to real persons or events may be coincidental unless expressly stated otherwise.

Your choices may change dialogue, relationships, access to scenes, and other narrative outcomes. We do not guarantee that a particular choice will produce a particular outcome unless the Game expressly states it at the time.

11. Promotions, Events, and Surveys ↑

We may offer events, challenges, promotions, surveys, or other optional features. Before entry into any contest, prize promotion, or sweepstakes, official rules will disclose eligibility, entry and closing dates, prizes, the winner-selection method, material restrictions, and the sponsor. Unless the official rules expressly state otherwise, Apple and Google are not sponsors and are not involved in administering the promotion. Additional rules form part of the contractual terms for a feature only if they are made available before participation or purchase. A later material change will not apply retroactively to completed participation or a completed purchase.

Participation in surveys and submission of feedback are voluntary. Do not include confidential information. You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, and analyze feedback for operating and improving our products and Services. This license does not transfer ownership of your pre-existing intellectual property and does not override the Privacy Policy for any personal data included in your submission.

The Services may rely on or link to third-party products, including Stores, platform sign-in services, cloud hosting, analytics, advertising providers, social networks, and community services such as Discord. Your use of a third-party service is also governed by that provider's terms and privacy notice.

We are not responsible for independent third-party services that we do not control. However, this does not exclude responsibility that applicable law places on us for the selection, integration, or operation of service providers acting on our behalf.

13. Intellectual Property ↑

The Game and Services, including software, stories, dialogue, characters, artwork, animation, music, sound, interfaces, trademarks, logos, and other content, are owned by the Company and/or its licensors and are protected by intellectual-property and other laws.

The presence of third-party publishing, distribution, development, or licensing credits does not transfer those parties' rights to you. Where a Store identifies another seller, publisher, or app provider, that entity's terms may also apply to the relevant distribution or purchase transaction.

14. Updates and Changes to the Services ↑

We may release updates to fix bugs, maintain security, prevent abuse, meet legal or platform requirements, preserve compatibility or interoperability, make necessary technical changes, improve performance, add content, or adjust game balance. Some updates may be required for online features to continue operating. You are responsible for maintaining a compatible operating system and installing updates made available through your Store, subject to the compatibility information disclosed to you.

We may also change or discontinue a feature when reasonably necessary for security, legal or platform compliance, compatibility, abuse prevention, or a necessary technical change, without imposing an additional charge for the change itself. An improvement, new content release, or balance adjustment will not materially and negatively affect paid digital content without your consent or a remedy required by law. For a change that materially and negatively affects access to or use of paid digital content or an ongoing digital service, we will provide the reason and advance notice on a durable medium where required. Where applicable law provides it, you may terminate without charge within 30 days after receiving notice or after the change takes effect, whichever is later, unless we enable you to keep the unchanged content in conformity and without additional cost.

We do not promise that every event, advertisement, online feature, or item will always be available. This does not affect a specific availability commitment made at purchase or your mandatory rights regarding paid digital content.

15. Suspension and Termination ↑

You may stop using the Services at any time. You may request deletion of personal data as described in the Privacy Policy, although legal or security obligations may require us to retain limited records for a defined period.

We may restrict or suspend access when we reasonably believe it is necessary to:

Our response will be proportionate to the issue. Where reasonably possible and legally permitted, we will explain the reason and provide an opportunity to contact support before or promptly after action is taken. Immediate action may be necessary for fraud, security, legal compliance, or an urgent risk of harm.

Termination ends the license in Section 3. If we permanently close the Game or terminate access to paid content, the treatment of unused purchased currency and paid content will follow the applicable Store rules and mandatory law, including any required continued access, conversion, price reduction, refund, or other compensation. A suspension for misconduct will be proportionate to a material violation and will not eliminate mandatory remedies. Termination does not eliminate accrued rights, valid refund claims, mandatory consumer remedies, or provisions that by their nature should survive, including Sections 6, 8, 11, 13, 18, 19, 21, and 22.

16. Availability and Events Beyond Reasonable Control ↑

We use reasonable care to keep the Services available, but interruptions may occur because of maintenance, outages, platform failures, network conditions, security incidents, natural events, government action, or other circumstances beyond reasonable control. We will take reasonable steps to reduce disruption and restore affected Services.

Nothing in this Section limits rights that applicable consumer law gives you when a paid digital service is unavailable or does not conform to the contract.

17. Store-Specific Terms ↑

17.1 Google Play ↑

If you obtained the Game from Google Play, your use of Google Play and purchases processed by Google are also subject to Google Play's terms and policies. The in-game currency and digital items offered through the Game are intended for use only within Where's Tess. In the event of a conflict concerning Google Play's operation or distribution requirements, the applicable Google Play terms control to the extent required, without reducing your mandatory consumer rights against us.

17.2 Apple App Store ↑

If you obtained the Game from Apple's App Store, the download and application license are between you and the app provider identified in the App Store listing (the “App Provider”), not Apple. Unless the App Provider expressly designates these Terms as a custom end-user license agreement, Apple's Standard Licensed Application End User License Agreement governs that license. These Terms separately govern the Company-operated Services described above.

Apple has no obligation to provide maintenance or support for the Game. The App Provider is solely responsible for maintenance and support and for addressing product-liability, legal-compliance, consumer-protection, and intellectual-property claims concerning the application, except where applicable law provides otherwise. If the Game fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, in accordance with Apple's terms; to the maximum extent permitted by law, Apple has no other warranty obligation. You must comply with applicable third-party terms when using the Game. Apple and its subsidiaries are third-party beneficiaries of the terms applicable to the Apple-distributed version and may enforce those terms as permitted by Apple's rules.

If the App Store listing names a distributor or seller other than UNDEAD FOX STUDIO DOO, that entity remains the App Provider for the application license and Store transaction. These Terms do not change that identity or the contractual allocation between the App Provider and the Company.

18. Statutory Guarantees and Disclaimers ↑

We will provide the Services with the level of conformity, reasonable care, skill, security updates, and other qualities required by applicable law and by the description presented to you before purchase.

Only to the extent that no mandatory statutory guarantee applies, the relevant free features are provided on an “as available” basis. A guarantee may still apply to a service supplied in exchange for personal data rather than money. Subject to those guarantees, we do not promise that the Services will always be uninterrupted or error-free, that every device will remain compatible indefinitely, or that optional advertisements and events will always be available.

Nothing in these Terms excludes or limits a statutory guarantee, warranty, remedy, or other consumer right that cannot lawfully be excluded or limited.

19. Limitation of Liability ↑

To the maximum extent permitted by applicable law, neither you nor the Company is liable under these Terms for a loss that was not reasonably foreseeable when these Terms became applicable to your use of the Services. If you use the Services as a consumer, we are not liable for business losses such as loss of profit, revenue, business opportunity, or commercial data that arise from a use outside the private, non-commercial purpose of the license.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, intentional misconduct, gross negligence where it cannot be limited, breach of mandatory data-protection obligations, or any other liability that cannot be excluded or limited under applicable law.

20. Changes to These Terms ↑

We may update these Terms to reflect changes in law, platform requirements, security needs, the identity or organization of the service provider, or the features of the Services.

For a material change, we will ordinarily provide clear notice at least 30 days before the new terms take effect and will request renewed acceptance when required by law. If an immediate change is required for urgent security or legal reasons, we will give notice as soon as reasonably possible. A change will not retroactively remove rights in a completed purchase. If a material change affects continuing paid rights and you do not agree, you may reject it, stop using the affected Service, and exercise any free termination, refund, or compensation right provided by applicable law.

The effective date at the top identifies the current version. We encourage you to retain a copy of the version that applies to your use.

21. Governing Law and Disputes ↑

These Terms are governed by the laws of Montenegro, taking account of applicable conflict-of-laws rules. If you are a consumer, this choice does not deprive you of mandatory protections provided by the law of the country where you habitually live.

Please contact us first at support@undeadfox.com so we can try to resolve the issue. Montenegro consumers may find complaint guidance and information about the Consumer Dispute Resolution Board through Potrosac.me. We will participate in an alternative dispute-resolution procedure when required by applicable law or when we separately agree to do so. If the issue cannot be resolved, either party may use any court, consumer-protection authority, alternative dispute-resolution body, or other forum available under applicable law. Consumers retain the right to bring a claim in the courts available to them under mandatory jurisdiction rules. Nothing in these Terms requires individual arbitration or waives a right to participate in a collective action where such a waiver would be unlawful.

22. General Provisions ↑

If any provision of these Terms is held unlawful or unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain effective.

Our failure to enforce a provision is not a waiver. We may transfer these Terms as part of a merger, reorganization, financing, sale of assets, or transfer of the Services, provided the transfer does not reduce your mandatory rights. You may not transfer your license except where applicable law or Store rules expressly permit it.

These Terms, any purchase disclosure, and any feature-specific rules presented to you form the contractual terms concerning the Services. The Privacy Policy separately describes how we handle personal data. If a translated version of these Terms is provided, the English version controls to the extent permitted by law; mandatory rights in your language and country remain unaffected.

23. Contact Us ↑

UNDEAD FOX STUDIO DOO

When contacting us about a purchase, include the Store, transaction identifier, approximate purchase date, and the item involved. Do not send a complete payment-card number, card security code, account password, or unrelated sensitive information.