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Terms of Use

Effective Date: January 1, 2026

These Terms of Use ("Terms") govern your access to and use of DuckSmith^™ (the "Service"), operated by MD&A INC. operating as "Make More Creative" ("we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms.

1. The Service

DuckSmith^™ is a browser-based farm simulation game in which players raise, train, and protect virtual ducks. The Service includes all game features, cloud save functionality, AI-powered duck personality systems, and related content.

2. Account Registration

To use the Service, you must create an account with a valid email address and password. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must be at least 13 years of age to create an account.

3. Subscription & Payment

The Service is offered on a subscription basis:

• Free Trial: New users receive a 1-day free trial with full access to all features.
• Subscription: After the trial period, continued access requires a paid subscription at the current rate (currently $2.99 CAD per month).
• Billing: Subscriptions are billed monthly. Payment is processed by third-party payment providers.
• Cancellation: You may cancel your subscription at any time. Access continues until the end of the current billing period. No partial refunds are provided for unused portions of a billing period.
• Price Changes: We reserve the right to change subscription pricing with 30 days' advance notice. Continued use after a price change constitutes acceptance of the new price.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to the Service, other accounts, or our systems
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated scripts, bots, or other tools to interact with the Service
• Exploit bugs, glitches, or unintended features for unfair advantage
• Interfere with or disrupt the integrity or performance of the Service
• Share your account credentials with others or operate multiple accounts

5. Intellectual Property

All content, code, graphics, audio, game mechanics, character designs, and other materials comprising the Service are the exclusive property of MD&A INC. "Make More Creative" and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial entertainment purposes only. This license does not permit you to reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any part of the Service.

6. User-Generated Content

Duck names and other customizations you create within the Service are considered user-generated content. You retain ownership of content you create, but grant us a non-exclusive license to store, display, and process that content as necessary to provide the Service.

7. Game Data & Cloud Saves

Game save data is stored on our servers and associated with your account. While we take reasonable measures to protect your data, we do not guarantee that game data will be preserved indefinitely. We are not liable for any loss of game progress due to technical issues, service interruptions, or account termination.

8. AI-Generated Content

The Service uses third-party AI technology to generate duck personality responses and dialogue. AI-generated content is provided for entertainment purposes only. We do not guarantee the accuracy, appropriateness, or quality of AI-generated content and are not liable for any AI-generated output.

9. Service Availability

We strive to keep the Service available at all times but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice.

10. Termination

We may suspend or terminate your account at our sole discretion if you violate these Terms or for any other reason we deem appropriate. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (including intellectual property, limitation of liability, and indemnification) will survive.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MD&A INC. "MAKE MORE CREATIVE," ITS DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless MD&A INC. "Make More Creative," its directors, employees, and affiliates from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Service or violation of these Terms.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Calgary, Alberta, Canada.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the effective date. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

16. Contact Us