5e Buddy Terms of Service

Introduction

These Terms of Service (“Agreement”) set forth the general terms and conditions of your use of the “5e Buddy” mobile application (“Mobile Application” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Magical Duck Studios LLC (“Magical Duck Studios LLC”, “we”, “us” or “our”).

By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree with these terms, you may not access or use the Mobile Application and Services.

Acceptance of Terms

You acknowledge that this Agreement is a contract between you and Magical Duck Studios LLC, even though it is electronic and is not physically signed by you. By using the Mobile Application and Services, you agree to:

• Abide by all terms and conditions of this Agreement
• Comply with all applicable laws and regulations
• Respect the rights of other users

Disclaimer of Warranty

The Mobile Application and Services are provided “AS IS” and “AS AVAILABLE” without warranty of any kind, express or implied, including but not limited to:

• Any warranty of merchantability
• Fitness for any particular purpose
• Non-infringement of third-party rights

We do not warrant that the Mobile Application will be uninterrupted, error-free, or free of viruses or other harmful components.

User Responsibility

You are solely responsible for:

• Your Interactions: All interactions with other users and third parties. Magical Duck Studios LLC has no obligation to intercede in disputes.
• Account Usage: All use related to your account and personal device, including actions by anyone using the app via your account or device, with or without your permission.
• Content Accuracy: Ensuring any character data or content you create complies with applicable laws and does not infringe on third-party rights.

Intellectual Property Rights

“Intellectual Property Rights” means all present and future rights in relation to copyright, trademarks, designs, patents, inventions, and all other intellectual property rights.

• This Agreement does not transfer any intellectual property owned by Magical Duck Studios LLC or third parties to you
• All rights, titles, and interests in such property remain solely with Magical Duck Studios LLC
• All trademarks, service marks, graphics, and logos are trademarks of Magical Duck Studios LLC or its licensors
• Your use of the Mobile Application grants you no right to reproduce or use any trademarks

Third-Party Content

This app uses content from the following Dungeons & Dragons System Reference Documents (SRDs) published by Wizards of the Coast LLC:

• SRD 5.1 (2014 Edition): Contains races, classes, spells, monsters, and other game mechanics from the original 5th Edition rules. This content is licensed under the Open Gaming License (OGL) v1.0a.
• SRD 5.2 (2024 Edition): Contains updated rules, species, classes, and game mechanics from the revised 2024 core rulebooks. This content is licensed under the Creative Commons Attribution 4.0 International License (CC BY 4.0).

Dungeons & Dragons is a trademark of Wizards of the Coast LLC. This app is not affiliated with, endorsed, or sponsored by Wizards of the Coast.

Links and Advertisements

• We are not responsible for examining or evaluating third-party resources linked within the app
• We do not assume responsibility for the actions, products, services, or content of third parties
• Your access to off-site resources is at your own risk
• Advertisements displayed in the app are provided by third-party services (Google AdMob)

Indemnification

You agree to indemnify and hold Magical Duck Studios LLC and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from any liabilities, losses, damages, or costs (including reasonable attorneys’ fees) arising from:

• Your use of the Mobile Application and Services
• Your violation of this Agreement
• Any willful misconduct on your part

Limitation of Liability

Except where prohibited by law, Magical Duck Studios LLC shall not be liable for any:

• Indirect, special, incidental, consequential, or exemplary damages
• Lost profits or lost data
• Computer or device failure
• Violation of your rights by any third party

These limitations apply even if we have been advised of the possibility of such damages.

Privacy

Your use of the Mobile Application is also governed by our Privacy Policy. By using the app, you consent to the collection and use of information as described in our Privacy Policy.

Changes and Amendments

We reserve the right to modify this Agreement at any time. When changes are made:

• We will revise the “Last Updated” date
• We will post a notification in the Mobile Application
• Your continued use of the app after changes constitutes acceptance of the revised terms

Termination

We may terminate or suspend your access to the Mobile Application at any time, without prior notice, for conduct that we believe:

• Violates this Agreement
• Is harmful to other users or third parties
• Is otherwise objectionable

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Magical Duck Studios LLC operates.

Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.

Contact Us

If you have any questions, concerns, or complaints regarding this Agreement, please contact us:

• Email: info@magicalduckstudiosllc.com

Consent

By checking the “I agree to the Terms of Service” checkbox during onboarding, you acknowledge that you have read, understood, and agree to be bound by this Agreement.