Terms of Service
Effective 12 August 2026 · Covers this website and Makai Technologies games. The Makai app has separate terms at themakaiapp.com/terms.
1. Agreement and scope
These terms are between you and Makai Technologies, Inc. ("Makai," "we," "us"), a Florida corporation. They cover the company and this website, and they set the baseline for everything we make.
Every product we ship also has its own terms, written for what that product actually does. Where a product's terms and these overlap, the product's govern for that product:
- Cibola — terms of use and privacy policy. Covers the licence, the in-app purchases, and the in-game currency.
- Makai, the boat charter marketplace — terms of service and privacy policy at themakaiapp.com. Covers bookings, cancellations, captain obligations and payments.
2. Your license
When you obtain one of our games, we grant you a personal, non-exclusive, non-transferable, revocable license to use it on devices you own or control, for your own non-commercial entertainment. We keep ownership of the game itself; you're buying access to play it, not the software.
Your license from the store you bought it through (Apple or Google) also applies, and where their rules conflict with ours, theirs govern that purchase.
3. Purchases
Our games are free to play in full. They may offer a one-time purchase that removes advertising, and consumable purchases such as in-game currency. That purchase is processed by Apple or Google, not by us. We never receive your payment details.
Because the store handles the transaction, refunds are governed by that store's policy and must be requested through them. We can't issue refunds ourselves, though we'll gladly help you with a problem — see Support.
A one-time purchase is exactly that: we will not later convert something you already paid for into a separate purchase or a subscription.
In-game currency and items. Where a game includes an in-game currency or items — Cibola calls its currency gold — they are a limited licence to use a feature of that game. They are not money and not property, they have no cash value, they cannot be exchanged for anything outside the game, and they cannot be sold or transferred to another person or account. Anything unspent is forfeited if you delete the game, and does not travel to another device. We may adjust prices and payouts in future updates as a game is tuned; we will not remove currency you have already bought without offering equivalent value. Cibola's own terms at /cibola/terms govern that game specifically.
4. What you may not do
- Copy, sell, rent, sublicense, or redistribute our games.
- Reverse-engineer, decompile, or disassemble them, except where law expressly permits it.
- Modify them, or use cheats or automation to interfere with fair leaderboard play.
- Remove or obscure copyright, trademark, or other proprietary notices.
- Use our name, logo, or artwork to suggest we endorse something we don't.
5. Our content and yours
Our games, artwork, audio, code, and the Makai and Cibola names are owned by Makai or licensed to us. Some assets are used under open-source or public domain licenses, which we track and honor.
Screenshots, video, and streams of our games made by players are welcome, including monetized ones. You keep whatever rights you have in your own recordings and commentary. We just ask that you don't present them in a way that implies we made or endorsed them.
6. Availability
We may update, change, or discontinue a game. If a game requires an optional third-party service (such as Game Center), that service is outside our control and may change or stop working independently of us. Core gameplay does not depend on it.
7. Disclaimer
Our games and this website are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that a game will be uninterrupted or error-free.
Some jurisdictions don't allow the exclusion of certain warranties, so parts of this section may not apply to you.
8. Limitation of liability
To the fullest extent permitted by law, Makai will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data, arising out of your use of our games or website.
Our total liability for any claim relating to a game is limited to the amount you actually paid us for that game in the twelve months before the claim.
Nothing in these terms limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, or for fraud. Some jurisdictions don't allow certain limitations, so parts of this section may not apply to you.
9. Changes to these terms
We may revise these terms. We'll post the new version here and update the effective date. If a change is significant, we'll make a reasonable effort to say so plainly rather than quietly.
10. Governing law
Makai Technologies, Inc. is a corporation organized under the laws of the State of Florida, United States.
These terms, and any dispute arising out of them or out of your use of our games or this website, are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. You and Makai agree to the exclusive jurisdiction and venue of the state and federal courts located in Florida.
If you are a consumer resident in a jurisdiction whose law grants you rights that cannot be waived by contract — including many consumers in the European Economic Area and the United Kingdom — nothing here deprives you of those rights or of the protection of your local mandatory consumer law.
11. Contact
Makai Technologies, Inc.