JakalookiJakalooki™

Terms of Service — Jakalooki Multiplayer

Upper Loft Enterprises, LLC · jakalooki.upperloftenterprises.com and the Jakalooki — Multiplayer apps for iOS and Android · Effective Date: June 26, 2026 · Last Updated: July 11, 2026 (v1.1)

These Terms of Service ("Terms") are a binding agreement between you and Upper Loft Enterprises, LLC ("Upper Loft," "we," "us," or "our"), a California limited liability company, and govern your access to and use of the Jakalooki Multiplayer service, available at jakalooki.upperloftenterprises.com and through the Jakalooki — Multiplayer apps for iOS and Android (together, the "Service"). If you use the Service through an app distributed by the Apple App Store or Google Play, these Terms are the end-user license agreement (EULA) for that app, supplemented by Section 15.

These Terms apply to the Jakalooki Multiplayer service on all of those platforms; your account and these Terms are the same however you access it. The separate Jakalooki — Solo-Player app for iPhone and iPad is a different product governed by its own terms. The Upper Loft Enterprises marketing website is governed by our general Terms of Use. Your use of the Service is also governed by our Jakalooki Multiplayer Privacy Policy, which is incorporated into these Terms by reference.

1. Acceptance of These Terms

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service. If you are using the Service on behalf of another person, you represent that you are authorized to accept these Terms on their behalf.

2. Eligibility (Ages 18+)

The Service is for adults age 18 and older. By using the Service, you represent that you are at least 18 years old and have the legal capacity to enter these Terms. The Service is not directed to, and may not be used by, anyone under 18.

We use an age gate at registration to help enforce this minimum age. If we learn that a user is under 18, we may suspend or terminate the account.

3. Accounts and Security

You must provide accurate information when you register and keep it current.

You are responsible for safeguarding your password and for all activity that occurs under your account.

You may not share your account, use another person's account, or register more than one account to evade enforcement, manipulate rankings, or otherwise abuse the Service.

Notify us promptly at support@upperloftenterprises.com if you suspect unauthorized use of your account.

4. Code of Conduct and Acceptable Use

Jakalooki Multiplayer is a family-friendly community where you may be matched and interact with other players from around the world, including people you do not already know. To keep it welcoming and safe, you agree that you will not:

Reporting and enforcement. If you encounter conduct or content that violates these Terms, please report it to us at support@upperloftenterprises.com. We may investigate and, in our discretion, take action including removing content, issuing warnings, and limiting, suspending, or terminating accounts. We may, but are not obligated to, monitor activity on the Service.

Community Guidelines

These Community Guidelines are part of these Terms and describe the spirit of our community. They work alongside the Code of Conduct above; the detailed, binding rules are set out in this Section 4.

Violating these Community Guidelines may lead to content removal, warnings, or suspension or termination of your account. We may update these Community Guidelines from time to time, and the current version is part of these Terms.

5. User Content and Licenses

"User Content" means anything you submit to the Service, such as your display name, avatar and uploaded or captured photos, bio, interests, and messages.

You retain ownership of your User Content. By submitting User Content, you grant Upper Loft a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, and use that User Content as needed to operate, provide, and promote the Service. You represent that you have the rights necessary to grant this license and that your User Content does not violate these Terms or any law or third-party right.

Artist-submitted card art

The Service includes a marketplace through which approved artists may submit and sell cosmetic card art (card backs, card faces, and sets). Participation in the artist program, ownership of submitted art, revenue sharing, approval standards, disclosure of AI-generated art, and payout terms are governed by a separate Artist Agreement, which applies in addition to these Terms. Artists must accept the Artist Agreement before submitting designs.

6. Virtual Items and Purchases

The Service may offer optional cosmetic virtual items (such as card art). These items are purely cosmetic: they do not affect gameplay, scoring, or competitive outcomes. The Service is not pay-to-win.

Virtual items have no monetary or real-world value, are not redeemable for cash, and cannot be transferred or resold except as expressly permitted within the Service.

You receive a limited, personal, non-transferable, revocable license to use virtual items you acquire, for use within the Service only.

Payment channels. Purchases made on the web at jakalooki.upperloftenterprises.com are processed by Stripe; by making a web purchase, you agree to Stripe's applicable terms and represent that you are authorized to use the payment method. Purchases made within the iOS or Android app are billed by Apple or Google under your App Store or Google Play account and are subject to the applicable store's payment terms.

Refunds. Except where a refund is required by applicable law: purchases and membership fees paid on the web are final and non-refundable; purchases and membership fees billed through the App Store or Google Play are subject to the applicable store's refund policies, and refund requests for those purchases must be made through Apple or Google, which control store-billing refunds. Membership billing, cancellation, and renewal are addressed further in Section 7.

7. Memberships, Billing & Auto-Renewal

Access to the full Jakalooki Multiplayer experience (online multiplayer, rankings, and the social table) requires a paid membership. Memberships are billed up front; we do not offer a free trial. Solo play against the computer does not require a membership.

Plans & pricing. Memberships are offered on a monthly or annual basis at the prices shown at the point of purchase (in the apps, prices are shown in your local currency by the App Store or Google Play). Applicable taxes may be added. Current plans include:

Payment — web. Web memberships are processed by Stripe. By subscribing on the web, you authorize us, through Stripe, to charge your payment method the membership fee and any applicable taxes at the start of each billing period, and you represent that you are authorized to use that payment method.

Payment — apps. Memberships purchased in the iOS or Android app are billed by Apple or Google as auto-renewing subscriptions under your store account. Price, billing, renewal, and cancellation for store-billed memberships are managed through the store: you can cancel anytime in your App Store or Google Play subscription settings, and store refund policies apply (Section 6). Your membership unlocks the same Service features regardless of the channel you purchased through.

Promotional codes. We may offer promotional or discount codes. These are subject to their stated terms (eligibility, value, expiration, and usage limits), have no cash value, and may be modified or withdrawn at any time.

Cancellation. You may cancel at any time — web memberships through your account or the subscription management portal; store-billed memberships in your App Store or Google Play subscription settings. Cancellation takes effect at the end of the then-current billing period, and you keep access until then. Except as required by law, fees already charged are non-refundable and we do not provide refunds or credits for partial periods (for store-billed memberships, the store's refund policies apply).

Failed payments. If a web charge fails, we may retry it and may suspend or end your access to paid features until payment succeeds. Store-billed memberships are subject to the store's grace-period and involuntary-cancellation handling.

AUTOMATIC RENEWAL. Your membership automatically renews at the end of each billing period (monthly or annual) at the then-current price, and your payment method is charged — by Stripe on the web, or by Apple/Google for store-billed memberships — until you cancel. If we change the membership price, we will give you advance notice (for store-billed memberships, price changes are also communicated and consented to through the store's mechanisms), and the new price will apply to renewals after the notice period; if you do not agree, you may cancel before the change takes effect.

California residents — automatic-renewal disclosures. If you are a California resident, the following applies in addition to the above, consistent with California's Automatic Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.): (a) we present the automatic-renewal terms — including the recurring charge, the billing frequency, and that the membership continues until you cancel — clearly and conspicuously before you subscribe; (b) we obtain your affirmative consent to those terms before charging your payment method; (c) after you subscribe, we provide an acknowledgment that includes the automatic-renewal terms, the cancellation policy, and instructions on how to cancel, in a form you can retain; (d) if your membership begins with a promotional price, we disclose the price and the timing of its conversion to the standard price and how to cancel before you are charged; and (e) you may cancel at any time before renewal, online through your account or the subscription management portal (or, for store-billed memberships, through your store subscription settings), without undue burden.

8. Intellectual Property

The Service, including its software, design, text, graphics, logos, and the Jakalooki™ name and brand, is owned by Upper Loft or its licensors and is protected by intellectual property laws. Except for User Content and except as expressly permitted, you may not copy, modify, distribute, reverse engineer, create derivative works from, or otherwise exploit the Service or its content without our prior written permission. We grant you a limited, personal, non-transferable, revocable license to use the Service in accordance with these Terms.

9. Third-Party Services

The Service relies on and may link to third-party services, including Stripe (web payments), Apple and Google (in-app purchase billing for the apps), and RevenueCat (subscription entitlement management), and is delivered using infrastructure such as Fly.io and Neon. We are not responsible for third-party services, their content, or their practices, and your use of them may be subject to their own terms and privacy policies.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF OTHER USERS, AND YOU INTERACT WITH OTHER PLAYERS AT YOUR OWN RISK.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UPPER LOFT ENTERPRISES, LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE OR THE CONDUCT OF OTHER USERS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

12. Indemnification

You agree to indemnify and hold harmless Upper Loft Enterprises, LLC and its members, officers, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your User Content, your use of the Service, your violation of these Terms, or your violation of any law or third-party right.

13. Suspension and Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service, in whole or in part, at any time — including for violation of these Terms or to protect the Service or other users. Upon termination, your right to use the Service ceases. Provisions that by their nature should survive termination (including ownership, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.

14. Dispute Resolution; Mediation & Binding Arbitration

Please read this section carefully — it affects how disputes are resolved and limits how you can bring claims. These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules.

a. Informal resolution first. Before starting a formal proceeding, you and Upper Loft agree to try to resolve any dispute informally by contacting support@upperloftenterprises.com with a written description of the dispute, and to negotiate in good faith for at least 30 days.

b. Mediation. If the dispute is not resolved informally, the parties will next attempt to resolve it through non-binding mediation administered by JAMS in Los Angeles County, California, sharing the mediator's fees equally, before proceeding to arbitration.

c. Binding arbitration. Any dispute not resolved by mediation will be resolved by final and binding arbitration administered by JAMS under its applicable consumer arbitration rules, before a single arbitrator, seated in Los Angeles County, California (or, at your election, your home county or by videoconference). Judgment on the award may be entered in any court of competent jurisdiction. Each party bears its own attorneys' fees and costs; the fees and costs of the mediator and arbitrator will be allocated in accordance with JAMS's applicable consumer arbitration rules and minimum standards (which limit the amount a consumer pays), and nothing in this Section requires you to pay any fee beyond what those consumer rules permit.

d. Class-action and jury waiver. Disputes will be arbitrated only on an individual basis. You and Upper Loft waive any right to a jury trial and to participate in a class, collective, or representative action. The arbitrator may not consolidate more than one person's claims.

e. 30-day opt-out. You may opt out of this arbitration agreement by emailing support@upperloftenterprises.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out does not affect the other provisions of these Terms.

f. Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court for intellectual-property or unauthorized-access claims. To the extent any dispute proceeds in court, the exclusive venue is the state and federal courts in Los Angeles County, California, and you consent to their personal jurisdiction.

15. App Store and Google Play Terms

If you downloaded the Jakalooki — Multiplayer app from the Apple App Store or Google Play, the following additional terms apply to your use of that app:

a. Agreement with Upper Loft, not the store. These Terms are an agreement between you and Upper Loft Enterprises, LLC only — not with Apple Inc. ("Apple") or Google LLC ("Google"). Upper Loft, not Apple or Google, is solely responsible for the app and its content.

b. License scope. For the iOS app, the license granted in Section 8 is a non-transferable license to use the app on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions (except that the app may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, where supported).

c. Maintenance and support. Upper Loft, not Apple or Google, is solely responsible for providing any maintenance and support services for the app. Apple has no obligation to furnish any maintenance and support services for the app.

d. Warranty. In the event of any failure of the iOS app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the app to you; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app, and any other warranty claims are Upper Loft's responsibility as between Upper Loft and Apple.

e. Product claims. Upper Loft, not Apple or Google, is responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including (i) product-liability claims, (ii) claims that the app fails to conform to legal or regulatory requirements, and (iii) consumer-protection, privacy, or similar claims.

f. Intellectual-property claims. In the event of a third-party claim that the app or your possession and use of it infringes that third party's intellectual-property rights, Upper Loft, not Apple or Google, is solely responsible for the investigation, defense, settlement, and discharge of the claim.

g. Legal compliance. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

h. Developer contact. Questions, complaints, or claims about the app should be directed to Upper Loft at support@upperloftenterprises.com or the mailing address in Section 18.

i. Third-party terms. You must comply with any applicable third-party terms of agreement when using the app (for example, your wireless data agreement).

j. Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they relate to the iOS app, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

k. Google Play. Your use of the Android app must also comply with the Google Play Terms of Service. To the extent there is a conflict between the Google Play Terms of Service and these Terms regarding your use of the Android app, the Google Play Terms of Service control for store-related matters (billing, refunds, and distribution).

16. Changes to the Service and These Terms

We may modify, suspend, or discontinue any part of the Service at any time. We may also update these Terms from time to time; we will post the updated Terms here with a new "Last Updated" date and, where appropriate or legally required, provide additional notice. Your continued use of the Service after changes take effect constitutes your acceptance of the updated Terms.

17. Miscellaneous

These Terms (together with the Privacy Policy and, for artists, the Artist Agreement) are the entire agreement between you and Upper Loft regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

18. Contact Us

Questions about these Terms? Contact us:

Email: support@upperloftenterprises.com

Mail: Upper Loft Enterprises, LLC · 8605 Santa Monica Blvd. #761685 · West Hollywood, CA 90069