TERMS OF USE

Emerging Business & Development Services™ (EBDS™)
Including EmergiForge™ and The Captain Suite™

Effective Date: October 8, 2026
Last Updated: October 8, 2026

These Terms of Use (“Terms”) govern access to and use of websites, applications, games, software, digital products, and related services provided by Emerging Business & Development Services™ (“EBDS™”), including products and services offered through EmergiForge™, The Captain Suite™, and other EBDS™ brands or product families.

By accessing, downloading, installing, purchasing, or using a covered product or service, you agree to these Terms.

If you do not agree to these Terms, do not use the applicable product or service.

1. Covered Products and Services

These Terms apply to EBDS™ websites, applications, games, software, digital products, and services unless separate terms expressly apply.

Covered products may include:

• utility applications;

• games;

• entertainment applications;

• websites;

• digital services;

• free versions;

• Premium or paid versions;

• products containing advertising;

• products containing in-app purchases;

• beta versions;

• internal, closed, or open testing versions;

• preview or experimental products;

• future products released under EBDS™, EmergiForge™, The Captain Suite™, or another EBDS™ brand.

A particular product may include additional terms, rules, disclosures, or instructions. Those additional terms apply together with these Terms where relevant.

2. License to Use Our Products

Subject to these Terms, EBDS™ grants you a limited, personal, non-exclusive, non-transferable, revocable license to install and use eligible consumer applications and games for lawful personal use.

Downloading, installing, purchasing, or using a product does not transfer ownership of:

• software;

• source code;

• object code;

• trademarks;

• game mechanics expressed in proprietary implementation;

• mascots or characters;

• artwork;

• designs;

• music or sound assets;

• documentation;

• proprietary technology;

• branding;

• other intellectual property.

Except where permitted by applicable law or an applicable open-source license, you may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, or create unauthorized derivative works from our products.

3. Free, Premium, Paid, and Game Features

Certain products may be offered with different feature sets or monetization models.

These may include:

• free features;

• advertising-supported access;

• Premium upgrades;

• one-time purchases;

• subscriptions;

• consumable purchases;

• virtual items;

• in-game currency;

• additional content;

• cosmetic features;

• expanded functionality;

• ad-free functionality.

The exact features, prices, availability, and purchase model may vary by product.

Features offered to current or future users may change over time.

Unless expressly stated otherwise, purchasing Premium access, virtual items, or paid functionality in one product does not grant paid access or equivalent benefits in another product.

4. Purchases and Payment Processing

Purchases made through Google Play or another authorized app marketplace are also governed by the applicable platform’s billing and payment policies.

EBDS™ does not ordinarily process or receive your complete payment-card information for app-store purchases.

Purchases may require successful authorization, verification, acknowledgement, consumption, entitlement confirmation, or other processing through the applicable platform.

We may rely on purchase information supplied by Google Play or another platform to determine whether paid content, Premium functionality, consumable items, or other digital benefits should be provided.

Prices may vary by:

• country;

• currency;

• applicable taxes;

• exchange rates;

• platform pricing;

• localized pricing;

• promotional availability.

The price shown by the applicable marketplace at the time of purchase controls the transaction.

Refund requests may be governed by Google Play or the applicable marketplace, together with applicable law.

Nothing in these Terms limits refund or consumer rights that cannot legally be waived.

5. Virtual Items, Tokens, and In-Game Currency

Certain EmergiForge™ games or other products may allow users to earn or purchase virtual items, tokens, credits, currency, boosts, lives, cosmetics, or other digital resources.

Unless expressly stated otherwise:

• virtual items exist only within the applicable product or service;

• they are licensed for use within that product rather than sold as personal property;

• they have no cash value;

• they are not legal tender;

• they are not redeemable for cash;

• they may not be sold, transferred, traded, or exchanged outside approved product functionality;

• they may be consumed or deducted when used;

• purchased virtual items may be treated differently from non-consumable Premium entitlements;

• earned and purchased virtual items may be subject to the same gameplay rules once credited.

The applicable product may allow virtual items to be used for gameplay functions such as retries, additional opportunities, transformations, cosmetic features, or other in-game benefits.

Virtual-item balances may be stored locally on a device, remotely through an authorized service, or through a combination of both.

Users are responsible for maintaining access to their device and account. Locally stored virtual-item balances may be lost if application data is erased, the application is uninstalled, a device fails, or data is otherwise lost unless the applicable product provides synchronization or restoration.

EBDS™ may correct virtual-item balances where reasonably necessary to address:

• duplicate purchase fulfillment;

• transaction reversal;

• fraud;

• technical errors;

• unauthorized manipulation;

• restoration failures;

• platform requirements.

We will not arbitrarily remove legitimately acquired paid items without a valid operational, legal, fraud-prevention, or platform-related reason.

6. Consumable Purchases

Certain in-game purchases may be consumable, meaning the purchased item may be used, depleted, or spent within the applicable product and may be purchased again.

Consumable purchases generally do not function like permanent Premium entitlements.

Once a consumable purchase has been properly delivered and consumed within the applicable service, it may not be restorable in the same manner as a permanent entitlement.

The applicable marketplace’s refund policies and applicable law continue to apply.

Users should not assume that uninstalling or reinstalling an application will restore previously spent consumable items.

7. Game Progress and Saved Data

Games may store or process information such as:

• scores;

• high scores;

• levels;

• stages;

• achievements;

• settings;

• saved runs;

• game progress;

• earned rewards;

• virtual-item balances;

• purchased virtual-item balances;

• other gameplay state.

Some of this information may be stored only on the device.

Unless a game expressly provides cloud synchronization, account-based restoration, or another backup feature, EBDS™ does not guarantee that local game progress can be restored following:

• device loss;

• device replacement;

• application deletion;

• application-data clearing;

• operating-system failure;

• storage corruption;

• account changes.

Users should not assume that all game progress is synchronized unless the product specifically states that it is.

8. Leaderboards, Achievements, and Online Gaming Services

Certain EmergiForge™ games may integrate with Google Play Games Services or similar third-party gaming services.

Such features may include:

• player authentication;

• achievements;

• leaderboards;

• score submission;

• ranking;

• cloud or synchronization features;

• other online gaming functionality.

Participation in these features may require an account with the applicable third-party provider.

Leaderboard scores, achievements, profile information, player identity, or rankings may be visible to other users according to the applicable platform’s functionality and privacy settings.

EBDS™ does not guarantee:

• uninterrupted leaderboard availability;

• permanent retention of leaderboard data;

• continuous availability of third-party gaming services;

• that all submitted scores will appear immediately;

• that all players will see identical rankings at the same moment.

Third-party services may impose their own rules, restrictions, privacy settings, and technical limitations.

9. Fair Play, Score Integrity, and Cheating

Users may not manipulate, falsify, exploit, automate, or otherwise interfere with gameplay or online competitive features in an unauthorized manner.

Prohibited conduct may include:

• falsifying scores;

• manipulating leaderboard submissions;

• altering game memory or saved data for competitive advantage;

• exploiting software defects to create illegitimate scores;

• using unauthorized automation or bots;

• tampering with purchase information;

• modifying application code to bypass gameplay or purchase systems;

• submitting fraudulent or fabricated achievement data;

• intentionally interfering with online ranking systems.

Where reasonably necessary to preserve fair play or protect users or services, EBDS™ may:

• reject or remove invalid scores;

• disregard obviously corrupted data;

• restrict online features;

• reset affected game data where technically feasible;

• suspend access to online functionality;

• report abuse to an applicable platform provider.

We do not guarantee that every form of cheating or manipulation will be detected or prevented.

10. Application and Game Functionality

Our products may depend on:

• Android functionality;

• device hardware;

• manufacturer-specific implementations;

• sensors;

• network providers;

• operating-system permissions;

• background-processing rules;

• graphics capabilities;

• third-party services;

• Google Play services;

• internet connectivity.

Features may operate differently across devices.

EBDS™ does not guarantee that every feature will function identically on every device, Android version, hardware configuration, or network environment.

Games may also differ in frame rate, visual effects, sound playback, haptic feedback, loading time, performance, and responsiveness depending on device capabilities.

11. Utility and Monitoring Features

Certain products, including applications within The Captain Suite™, may provide:

• battery information;

• signal information;

• storage information;

• network information;

• device monitoring;

• alerts;

• estimates;

• diagnostics;

• guidance;

• convenience features.

Values such as battery information, battery-health estimates, signal readings, charging estimates, storage analysis, and related diagnostics may be approximate.

They should not be treated as laboratory-grade measurements.

Such applications cannot guarantee:

• extended battery lifespan;

• prevention of battery degradation;

• prevention of device failure;

• uninterrupted connectivity;

• improved cellular coverage;

• improved Wi-Fi coverage;

• prevention of file loss;

• recovery of deleted information;

• elimination of device-security risks;

• elimination of privacy risks.

Users remain responsible for decisions affecting their devices and accounts.

12. Notifications and Alerts

Certain applications may provide background monitoring, alerts, or notifications.

Delivery may depend on factors including:

• Android notification settings;

• battery optimization;

• background-execution restrictions;

• manufacturer-specific settings;

• application permissions;

• network availability;

• device configuration.

EBDS™ does not guarantee that every notification or alert will be delivered at a particular time.

Unless explicitly designed and certified for such use, EBDS™ applications should not be relied upon as the sole source of any safety-critical, medical, emergency, or life-protecting alert.

13. Advertising

Certain free applications or games may display third-party advertising.

Advertising formats may include:

• banner advertisements;

• App Open advertisements;

• interstitial advertisements;

• rewarded advertisements;

• other formats supported by the applicable advertising provider.

EBDS™, EmergiForge™, The Captain Suite™, and our individual products do not necessarily endorse third-party products, services, statements, claims, or offers appearing in advertisements.

Interactions with advertisements are between the user and the applicable advertiser, advertising service, or destination provider.

Advertising availability, content, frequency, personalization, and targeting may depend on third-party services, privacy settings, applicable law, and device configuration.

14. Acceptable Use

You agree not to:

• use our products for unlawful purposes;

• interfere with application or game operation;

• bypass Premium licensing or entitlement systems;

• bypass purchase requirements;

• manipulate consumable purchases;

• falsify purchase status;

• cheat or manipulate competitive features;

• submit illegitimate leaderboard scores;

• attempt unauthorized access to our systems;

• distribute unauthorized or modified versions of our products;

• extract or reproduce source code except where expressly permitted by law;

• impersonate EBDS™, EmergiForge™, The Captain Suite™, or any EBDS™ product;

• misuse our mascots, characters, branding, graphics, logos, game artwork, or trademarks;

• violate another person's intellectual-property rights;

• use our products to facilitate fraud, harassment, abuse, or malicious activity;

• exploit bugs or vulnerabilities for unauthorized commercial or competitive advantage.

15. Intellectual Property and Trademarks

EBDS™ and its licensors retain applicable rights in:

• software;

• documentation;

• designs;

• text;

• artwork;

• music;

• sound effects;

• characters;

• mascots;

• game assets;

• game content;

• logos;

• branding;

• technology;

• other proprietary materials.

Our trademarks and claimed marks may include, without limitation:

Emerging Business & Development Services™
EBDS™
EmergiForge™
The Captain Suite™
Battery Captain™
Signal Captain™

and additional current or future product names, game names, characters, logos, slogans, designs, or other marks.

Use of the ™ symbol indicates a claim of trademark rights and does not mean that a mark has necessarily obtained federal registration.

The ® symbol will be used only where legally appropriate following applicable registration.

No rights to any EBDS™ trademark, copyright, brand, game, mascot, character, artwork, or other intellectual property are granted except the limited right necessary to use the applicable product in accordance with these Terms.

16. Software and Content Updates

We may update, modify, replace, or discontinue portions of our products to:

• add features;

• remove features;

• rebalance gameplay;

• improve security;

• correct errors;

• maintain compatibility;

• comply with marketplace requirements;

• adapt to operating-system changes;

• improve performance;

• address fraud or abuse;

• maintain third-party service compatibility.

Gameplay rules, balance, scoring, reward amounts, virtual-item uses, stages, levels, artwork, online features, and other product characteristics may evolve over time.

We do not guarantee indefinite support for every:

• application;

• game;

• feature;

• level;

• mode;

• device;

• Android version;

• third-party service;

• online feature.

Where a change materially affects a paid entitlement, applicable consumer-protection law and marketplace requirements will continue to apply.

17. Beta, Test, and Preview Software

Software distributed through:

• internal testing;

• closed testing;

• open testing;

• beta programs;

• preview programs;

• development builds

may contain:

• incomplete functionality;

• bugs;

• experimental features;

• temporary content;

• test advertising;

• test purchase configurations;

• compatibility issues;

• unfinished balancing;

• features that may later change or be removed.

Testing versions may differ substantially from later public releases.

Progress, scores, purchases, achievements, virtual-item balances, or other test data may not necessarily carry forward into production unless expressly stated.

18. Third-Party Services

Our products may depend on or integrate with services operated by unaffiliated third parties.

These may include:

• Google;

• Google Play;

• Google Play Billing;

• Google Play Games Services;

• Google AdMob;

• Android system services;

• device manufacturers;

• hosting providers;

• payment processors;

• analytics providers;

• crash-reporting providers;

• advertising services;

• consent-management providers;

• gaming-platform services.

Third-party products and services are governed by their own terms, privacy policies, technical requirements, and availability.

EBDS™ is not responsible for the independent policies, conduct, products, services, outages, account actions, or technical failures of unaffiliated third parties.

19. Accounts and Third-Party Identities

Certain features may rely on accounts provided by third parties, such as a Google account or Google Play Games profile.

EBDS™ may not control those accounts.

Loss, suspension, deletion, restriction, or modification of a third-party account may affect access to:

• leaderboards;

• achievements;

• cloud services;

• purchase verification;

• synchronization;

• other online functionality.

Users are responsible for maintaining access to accounts they use with third-party services.

20. Service Availability

We may temporarily restrict or interrupt access to products or features because of:

• maintenance;

• security incidents;

• third-party outages;

• platform changes;

• network failures;

• legal obligations;

• software defects;

• technical limitations;

• discontinuation of a service.

We do not guarantee uninterrupted or permanent availability of every product or feature.

Where reasonably practical, we may attempt to restore functionality, but restoration time is not guaranteed.

21. Product Discontinuation

EBDS™ may discontinue a product, feature, online service, leaderboard, server-dependent function, or integration when reasonably necessary.

Reasons may include:

• low usage;

• technical limitations;

• third-party service discontinuation;

• legal or regulatory requirements;

• security concerns;

• platform incompatibility;

• business decisions.

Where practical and appropriate, notice may be provided before material discontinuation.

Nothing in this section limits consumer rights that cannot lawfully be waived.

22. Disclaimer of Warranties

To the maximum extent permitted by applicable law, EBDS™ products and services are provided:

“AS IS” and “AS AVAILABLE.”

To the extent legally permitted, EBDS™ disclaims warranties not expressly provided, including implied warranties of:

• merchantability;

• fitness for a particular purpose;

• uninterrupted availability;

• error-free operation;

• non-infringement.

We do not guarantee:

• particular game results;

• particular scores;

• leaderboard placement;

• uninterrupted advertising;

• purchase availability;

• continuous third-party service availability;

• restoration of locally stored game progress;

• that every error or exploit will be identified.

Some jurisdictions do not permit certain exclusions, so portions of this section may not apply to all users.

23. Limitation of Liability

To the maximum extent permitted by law, EBDS™, EmergiForge™, The Captain Suite™, and their owners, employees, contractors, affiliates, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from the use of or inability to use our products.

This includes, where legally permitted, losses involving:

• data;

• saved game progress;

• locally stored game state;

• scores;

• virtual items;

• business opportunities;

• revenue;

• profits;

• device availability;

• connectivity;

• productivity;

• other consequential losses.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

24. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless EBDS™ and applicable affiliated brands from claims, damages, liabilities, losses, or expenses resulting from your:

• unlawful misuse of our products;

• material violation of these Terms;

• fraudulent activity;

• infringement of another person's rights;

• unauthorized distribution or modification of our software.

25. Suspension and Termination

We may suspend, restrict, or terminate access to a product, service, or online feature when reasonably necessary because of:

• fraud;

• abuse;

• cheating;

• leaderboard manipulation;

• unauthorized purchases or purchase tampering;

• security threats;

• legal requirements;

• violation of these Terms;

• harm to other users;

• platform requirements;

• discontinuation of a service.

Where appropriate, restrictions may apply only to affected online or competitive features rather than to the entire application.

You may stop using an application or game at any time and uninstall it from your device.

26. Children and Eligibility

Users must be legally permitted to use the applicable product under the laws and platform rules that apply to them.

Certain products may have:

• minimum age requirements;

• app-store age ratings;

• target-audience classifications;

• parental controls;

• purchase restrictions;

• account requirements.

Parents or guardians are responsible for supervising purchases and device use where required by applicable law or platform rules.

27. Privacy

Our collection and processing of information is governed by our applicable Privacy Policy.

By using our products, you acknowledge that certain third-party platforms may also independently process information under their own privacy policies.

28. Governing Law

These Terms are governed by the laws of the State of Tennessee, United States, without regard to conflict-of-law principles, except where applicable consumer-protection law requires otherwise.

Disputes will be handled by a court having appropriate jurisdiction, subject to applicable law.

Nothing in these Terms is intended to deprive a consumer of mandatory rights available under the laws of their jurisdiction.

29. Changes to These Terms

EBDS™ may revise these Terms periodically.

Reasons may include:

• introduction of new products;

• introduction of games;

• changes to purchases or virtual items;

• changes to online services;

• legal requirements;

• platform requirements;

• product updates;

• security changes.

Updated Terms will display a revised effective date or last-updated date.

Material changes may also be communicated through an application, website, marketplace listing, or other reasonable means where appropriate.

Continued use of a product after revised Terms become effective constitutes acceptance to the extent permitted by applicable law.

30. Relationship Between the Brands

Emerging Business & Development Services™ (EBDS™) is the business responsible for the covered products and services.

EmergiForge™ is an EBDS™ brand used in connection with software, utility applications, games, technology products, and related digital products and services.

The Captain Suite™ is a family of utility applications produced under the EmergiForge™ brand.

Other applications and games may be released directly under the EmergiForge™ brand or under additional EBDS™ brands or product families.

Individual products may carry their own trademarks, branding, characters, logos, or product identities.

31. Entire Agreement and Severability

These Terms, together with applicable supplemental terms, purchase terms, and the Privacy Policy, constitute the agreement governing use of the applicable EBDS™ product or service.

If any provision of these Terms is found unenforceable, invalid, or unlawful, the remaining provisions will continue in effect to the extent permitted by law.

Failure by EBDS™ to enforce a provision immediately does not constitute a waiver of that provision.

32. Contact

Questions regarding these Terms may be directed to:

Emerging Business & Development Services™ (EBDS™)
EmergiForge™

Email: info@emergingbds.com

Website: EmergingBDS.com