TERMS OF SERVICE
1775 Gaming LLC — OMNIVERSE: Ascension
Effective Date: June 4, 2026
Version 2.0
IMPORTANT — PLEASE READ CAREFULLY BEFORE USING THIS SERVICE
These Terms of Service ("Terms", "Agreement") constitute a legally binding contract between you ("User", "you", "your") and 1775 Gaming LLC ("Developer", "Company", "we", "us", "our"), a Missouri limited liability company, governing your access to and use of the OMNIVERSE: Ascension mobile application, all associated websites including https://1775gaming.com, all related services, platforms, and digital content (collectively, the "Services").
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICES IN ANY MANNER, YOU AFFIRMATIVELY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, OR USE THE SERVICES.
IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY ONLY USE THE SERVICES WITH THE VERIFIED CONSENT AND ACTIVE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO THESE TERMS ON YOUR BEHALF. USE OF THE SERVICES BY ANYONE UNDER THE AGE OF 13 IS EXPRESSLY PROHIBITED WITHOUT VERIFIED PARENTAL CONSENT AS REQUIRED UNDER APPLICABLE LAW, INCLUDING THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA) AS AMENDED IN 2025.
PART I — ACCEPTANCE, ELIGIBILITY, AND ACCOUNTS
Section 1: Acceptance of Terms
Your use of the Services constitutes your acceptance of and agreement to comply with these Terms, our Privacy Policy (incorporated herein by reference), and all applicable laws and regulations. These Terms apply to all users including visitors, registered users, subscribers, and any other persons who access or use the Services.
We reserve the right to modify, update, or revise these Terms at any time. Material changes will be communicated via in-app notification, email to your registered address, or conspicuous notice on https://1775gaming.com at least fourteen (14) days before the effective date of the change. Your continued use of the Services after any modification constitutes binding acceptance of the revised Terms.
These Terms are governed by and construed in accordance with the laws of the State of Missouri, United States, without regard to conflict-of-law principles.
Section 2: Eligibility
To use the Services you must:
Be at least 13 years of age. Users aged 13–17 require verified parental or legal guardian consent.
Be at least 18 years of age to access the Notheby's Auction House real-money trading features.
Have the legal authority to enter into a binding contract in your jurisdiction.
Not be located in a jurisdiction where accessing the Services would be illegal or require a license or permit that you do not possess.
Not be a person barred from receiving services under applicable U.S. or international law.
We reserve the right to verify eligibility at any time and to terminate access without notice if eligibility requirements are not or cease to be met.
Section 3: User Accounts
Certain features of the Services require creation of an account. By creating an account, you agree to:
Provide accurate, current, and complete registration information.
Maintain and promptly update your account information.
Keep your password and authentication credentials confidential.
Accept all responsibility for all activity that occurs under your account.
Notify us immediately at support@1775gaming.com of any unauthorized use of your account.
Account credentials are personal and non-transferable. Accounts may not be sold, shared, bartered, or transferred to another person without our express written consent. We reserve the right to terminate any account found to be shared or transferred without authorization.
You may not create an account using false information, impersonate any person or entity, or create more than one account per person without our express written permission.
PART II — SENSITIVE DATA PERMISSIONS: LOCATION, HEALTH, AND DEVICE ACCESS
Section 4: Location Data
4.1 Foreground Location (While App Is Open)
The Services request access to your device's precise GPS location while the application is actively in use. This access is used to:
Display your position on the in-game map relative to mission zones and points of interest.
Detect proximity to GPS-anchored mission triggers such as public art installations (e.g., Kansas City Parade of Hearts sculptures, Austin guitar sculptures).
Calculate haversine-based proximity distances to activate geofenced events.
Enable AR (Augmented Reality) combat overlays anchored to your real-world coordinates.
Foreground location data is processed entirely on your device in real time to trigger in-game events and grant rewards. No raw GPS coordinates are stored on our servers.
4.2 Background Location (When App Is Running in Background)
With your explicit, separate, and affirmative consent, the Services may request access to your device's location while the app is running in the background. Background location is used solely to:
Generate passive in-game rewards (e.g., proximity bonuses while you travel near mission zones).
Trigger time-sensitive mission alerts when you enter a geofenced mission area without the app open on screen.
Log movement-based data locally on your device for mission path completion.
CRITICAL DECLARATION — BACKGROUND LOCATION: Background location data is read-only, processed locally on your device, and is NOT transmitted to, collected by, or stored on any remote server operated by 1775 Gaming LLC or any third party. The Company cannot and does not access your background location history. You may revoke background location permission at any time through your device settings without losing access to the core Services; only background-triggered features will be suspended.
We do not sell, rent, or share location data in any form with advertisers, data brokers, or analytics platforms for any purpose other than in-app feature delivery as described herein.
4.3 Opt-Out and Permission Revocation
You may revoke location permissions at any time through your device operating system settings (iOS: Settings > Privacy & Security > Location Services; Android: Settings > Apps > OMNIVERSE: Ascension > Permissions). Revoking location access will disable GPS-based gameplay features but will not affect your account, progress, or non-location-based gameplay.
Section 5: Health and Fitness Data
5.1 Scope of Health Data Access
The Services integrate with Android Health Connect (and may in the future integrate with Apple HealthKit) to read health and fitness data for the sole purpose of generating in-game rewards and activating gameplay mechanics. The specific data types we may request read access to include:
Step counts and daily active minutes.
Distance walked or run.
Active exercise sessions (type and duration).
Heart rate data (for specific challenge mechanics).
5.2 Read-Only, On-Device Processing — No Upload of Health Data
CRITICAL DECLARATION — HEALTH DATA: ALL health and fitness data accessed by the Services is:
READ-ONLY: We request and receive only read permissions. We do not write to, modify, or delete any health data stored in Health Connect or any connected health platform.
PROCESSED LOCALLY ON YOUR DEVICE: Health data is read by the app on your device and immediately used to calculate in-game reward values. The raw health data itself is never transmitted to, stored on, or accessible from our servers.
NOT SHARED: Health data is not shared with third parties, advertisers, analytics services, or any other entity under any circumstances.
NOT USED FOR PROFILING: We do not use health data to build personal health profiles, to infer medical conditions, or for any purpose other than the specific in-game reward mechanics described herein.
RETAINED ONLY AS REWARD METADATA: The only record retained server-side is the in-game reward outcome (e.g., "User earned 50 XP on [date]"), not the underlying health metric that triggered it.
5.3 Compliance with Google Play Health Connect Policy
Our use of Health Connect data complies fully with Google Play's Health and Fitness Data Policy, including the January 2026 enforcement updates. We have completed the required Health Apps Declaration in Play Console. Our declared use case is "Fitness and Wellness Apps" — specifically, the integration of physical activity data to generate gameplay incentives that encourage physical activity. We do not access Health Records data (clinical or diagnostic records).
5.4 No HIPAA Applicability
1775 Gaming LLC is not a covered entity or business associate under the Health Insurance Portability and Accountability Act (HIPAA). The health data accessed through Health Connect is consumer fitness data voluntarily shared by you for gamification purposes and is not Protected Health Information (PHI) as defined under HIPAA.
5.5 Revoking Health Data Access
You may revoke Health Connect permissions at any time through your device settings (Android: Settings > Apps > Health Connect > App Permissions > OMNIVERSE: Ascension). Revoking health access will disable health-reward features but will not affect your account, character progression, or location-based gameplay features.
PART III — INTELLECTUAL PROPERTY AND MEDIA OWNERSHIP
Section 6: Ownership of Services and Content
The Services and all content therein — including but not limited to all software, code, game mechanics, characters, storylines, artwork, music, sound effects, animations, UI design, user interface layouts, AI-generated images, AI-generated narrative content, in-game items, virtual currency, maps, mission scripts, and all other creative elements (collectively, "Developer Content") — are and remain the exclusive intellectual property of 1775 Gaming LLC, protected by United States and international copyright, trademark, trade dress, and other applicable intellectual property laws. All rights are reserved.
Section 7: AI-Generated and Developer-Commissioned Media
All media created by, through, or for the OMNIVERSE: Ascension game and the 1775 Gaming LLC platform — including but not limited to AI-generated character art, AI-generated illustrations, AI-generated narrative text, video, audio, promotional materials, in-game assets, and any other visual or audio content, regardless of the tools, models, or methods used to produce such content — is owned exclusively by 1775 Gaming LLC, The Developer. All rights reserved.
The Developer grants Users a limited, non-exclusive, non-transferable, revocable license to share or post Developer Content unaltered, in compliance with all applicable laws, and strictly not for profit or commercial gain. This license does not transfer ownership of any intellectual property.
The Developer reserves the right to withdraw this content-sharing consent at any time without notice. Upon withdrawal of consent, Users must promptly remove or cease distribution of any Developer Content previously shared.
Section 8: User License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Services on a compatible device you own or control, for your personal, non-commercial entertainment purposes only.
This license does not include the right to:
Copy, reproduce, modify, adapt, translate, or create derivative works of the Services or any Developer Content.
Distribute, sell, resell, sublicense, rent, lease, or lend access to the Services to any third party.
Reverse engineer, disassemble, decompile, or otherwise attempt to extract source code from the Services.
Remove or alter any copyright, trademark, or other proprietary notices.
Use the Services for any commercial purpose without our express written permission.
Section 9: User-Generated Content
The Services may permit you to create, submit, post, or share content ("User Content"). By submitting User Content, you grant 1775 Gaming LLC a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, display, and distribute such User Content in connection with operating and promoting the Services.
You represent and warrant that your User Content does not infringe any third-party intellectual property rights, violate any applicable law, or contain defamatory, obscene, abusive, or harmful material. We reserve the right to remove any User Content at our sole discretion without notice.
PART IV — VIRTUAL ECONOMY AND IN-APP PURCHASES
Section 10: Virtual Currency and In-Game Items
The Services may include virtual currency, virtual items, upgrades, and other digital goods ("Virtual Items"). Virtual Items:
Have no monetary value and cannot be redeemed for real money, goods, or services outside the Services except through the Notheby's Auction House as described in Section 11.
Are licensed, not sold, to you. No property right in Virtual Items is transferred.
May be modified, adjusted, or removed by us at any time without liability.
Are not transferable between accounts except through authorized in-game mechanisms.
All purchases of Virtual Items are final. We do not offer refunds for Virtual Items except as required by applicable law or as expressly stated at the point of purchase.
Section 11: Notheby's Auction House — Real-Money Trading
11.1 Overview
OMNIVERSE: Ascension includes "Notheby's Auction House," a peer-to-peer marketplace that allows eligible Users to buy and sell designated in-game items for real monetary consideration via Stripe Connect payment processing ("RMT Feature").
11.2 Eligibility for Real-Money Trading
To participate in the RMT Feature you must:
Be at least 18 years of age.
Have a verified Stripe Connect account in good standing.
Reside in a jurisdiction where such transactions are permitted.
Agree to Stripe's Connected Account Agreement and applicable Stripe terms.
Pass any identity verification requirements we impose.
11.3 Platform Fee and Tax Obligations
1775 Gaming LLC charges a platform fee on all completed Notheby's Auction House transactions as disclosed in the app at the time of listing. This fee is subject to change with thirty (30) days' notice. Users are solely responsible for all tax obligations arising from RMT transactions, including reporting and remitting any applicable income taxes, sales taxes, or VAT. 1775 Gaming LLC does not provide tax advice.
11.4 Prohibited Conduct
In connection with the RMT Feature, you may not:
Engage in fraudulent, deceptive, or manipulative trading practices.
Attempt to circumvent platform fees or payment processing systems.
Use automated bots or scripts to manipulate auction listings or prices.
List items you do not legitimately own within the game.
11.5 Dispute Resolution for Transactions
All disputes arising from RMT transactions must first be submitted to us at disputes@1775gaming.com for resolution. We will attempt to resolve disputes within thirty (30) days. If resolution is not achieved, disputes involving payment processing issues may be escalated to Stripe in accordance with Stripe's dispute procedures. We are not responsible for Stripe's payment processing decisions.
Section 12: Subscription Services
We offer optional paid subscription tiers ("Subscriptions") that provide enhanced features. Subscriptions are:
Billed on a recurring basis (monthly or annual) until cancelled.
Non-refundable for partial billing periods except as required by applicable law.
Subject to price changes with at least thirty (30) days' advance notice.
Cancellable at any time through your device's app store subscription management settings.
Subscription tiers and features are described in the Services and may be updated by us at any time.
PART V — ACCEPTABLE USE AND PROHIBITED CONDUCT
Section 13: Prohibited Conduct
You agree not to use the Services to:
Violate any applicable federal, state, local, or international law or regulation.
Transmit unsolicited messages, spam, or chain communications.
Impersonate or misrepresent your affiliation with any person or entity.
Harass, threaten, bully, stalk, or otherwise harm other users.
Upload or transmit viruses, malware, or any code designed to disrupt or damage the Services.
Attempt to gain unauthorized access to the Services, other user accounts, or associated systems.
Use cheats, exploits, bots, automation scripts, or unauthorized third-party software that interferes with the Services.
Modify, hack, or create derivative works of the Services.
Collect data about other users without their consent.
Engage in any conduct that restricts or inhibits any other user's use or enjoyment of the Services.
Section 14: AI Game Master and AI-Generated Content
The Services include an AI-powered Game Master and AI-generated narrative and character content ("AI Features"). By using AI Features, you acknowledge:
AI-generated content may be inaccurate, incomplete, or unexpected. Do not rely on AI-generated content for real-world decisions.
Prompts and inputs you provide to AI Features may be used to generate responses and may be reviewed by us to improve the Services.
You must not attempt to jailbreak, manipulate, or otherwise circumvent safety guardrails in AI systems.
AI character voices and likenesses are synthetic and do not represent real persons.
PART VI — DISCLAIMERS AND LIMITATION OF LIABILITY
Section 15: Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 1775 GAMING LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
WE DO NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICES OR SERVERS ARE FREE OF VIRUSES; OR (D) THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
The Services involve physical-world location features including GPS navigation and real-world movement. 1775 Gaming LLC is NOT responsible for any injury, accident, or property damage arising from your physical movement or navigation in connection with using the Services. Always be aware of your surroundings. Follow all applicable traffic laws and safety guidelines.
Section 16: Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 1775 GAMING LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MINIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Section 17: Indemnification
You agree to indemnify, defend, and hold harmless 1775 Gaming LLC and its members, officers, employees, agents, licensors, service providers, and affiliates from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your User Content; or (e) your infringement of any intellectual property or other rights of any person or entity.
PART VII — DISPUTE RESOLUTION
Section 18: Informal Resolution
Before initiating formal legal proceedings, you agree to first contact us at legal@1775gaming.com and provide a written description of the dispute, the relief you seek, and your contact information. We will attempt to resolve the dispute informally within sixty (60) days. Either party may terminate informal resolution at any time after thirty (30) days of good-faith effort.
Section 19: Binding Arbitration
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES, RATHER THAN IN COURT.
Arbitration shall be conducted in English in Kansas City, Missouri, or via telephonic/video conference at our mutual election. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LITIGATION.
Section 20: Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OR AWARD CLASS-WIDE RELIEF.
Section 21: Governing Law and Venue
These Terms are governed by the laws of the State of Missouri, United States. For matters not subject to arbitration, you consent to exclusive jurisdiction and venue in the state and federal courts located in Clay County, Missouri.
PART VIII — TERMINATION AND SUSPENSION
Section 22: Termination by Us
We may suspend, restrict, or permanently terminate your access to the Services at any time, with or without cause, and with or without notice, if we believe you have violated these Terms, any applicable law, or if continued access creates risk to us, other users, or third parties. Upon termination:
Your license to use the Services immediately terminates.
All Virtual Items and accumulated in-game progress may be permanently forfeited.
Any RMT balances or pending Notheby's Auction House transactions will be handled pursuant to applicable payment processor policies.
Section 23: Termination by You
You may terminate your account at any time by contacting us at support@1775gaming.com or through the account deletion feature in the app. Upon account deletion, your data will be handled as described in the Privacy Policy. Deletion of your account does not entitle you to a refund of any purchases.
Section 24: Survival
The following sections shall survive termination of these Terms: Section 6 (Intellectual Property), Section 7 (AI Media Ownership), Section 15 (Disclaimers), Section 16 (Limitation of Liability), Section 17 (Indemnification), Sections 18–21 (Dispute Resolution), and any other provision that by its nature should survive.
PART IX — MISCELLANEOUS
Section 25: Children — Age Verification and COPPA Compliance
In compliance with the Children's Online Privacy Protection Act (COPPA) as amended effective June 23, 2025, and all applicable state children's privacy laws:
The Services are not directed to children under the age of 13. If we discover that a child under 13 has registered without verified parental consent, we will promptly delete the account and all associated data.
Users between ages 13 and 17 may use the Services only with verified parental or legal guardian consent. Parental/guardian consent to these Terms constitutes consent to our Privacy Policy and all data practices described herein.
Users under 18 are prohibited from accessing real-money trading features, making in-app purchases without parental authorization, and participating in any adult-designated content areas.
Parents or guardians may contact us at privacy@1775gaming.com to review, request deletion of, or restrict the processing of their minor child's personal data.
Section 26: Accessibility
We are committed to making the Services accessible. If you require accommodations, contact us at support@1775gaming.com.
Section 27: Force Majeure
We shall not be liable for any failure or delay in performance of the Services due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, pandemics, government actions, internet outages, or third-party service failures.
Section 28: Entire Agreement
These Terms, together with the Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and 1775 Gaming LLC regarding the Services and supersede all prior agreements, understandings, and representations.
Section 29: Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall continue in full force and effect.
Section 30: Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing signed by an authorized representative of 1775 Gaming LLC.
Section 31: Contact Information
Legal & Terms Inquiries: legal@1775gaming.com
Privacy & Data Requests: privacy@1775gaming.com
General Support: support@1775gaming.com
Mailing Address: 1775 Gaming LLC, Weatherby Lake, Missouri, United States
Website: https://1775gaming.com
© 2026 1775 Gaming LLC. All Rights Reserved.
OMNIVERSE: Ascension is a trademark of 1775 Gaming LLC.