PERMADEATH — End User License Agreement (EULA)

Effective Date: 05/21/2026 | Last Updated: 06/11/2026

1. Acceptance of Terms

This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you ("User" or "you") and Ice Cream Entertainment LLC, an Idaho limited liability company doing business as Permadeath ("Company," "we," "us," or "our").

By downloading, installing, accessing, or using the Permadeath mobile application (the "App") and any related services, content, or features (collectively, the "Service"), you agree to be bound by this EULA, by Apple's Licensed Application End User License Agreement ("Apple Standard EULA"), and by our Privacy Policy. If you do not agree to all of these terms, do not download or use the App.

The Apple Standard EULA is available at: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

To the extent of any conflict between this EULA and the Apple Standard EULA, this EULA controls as between you and the Company. The Apple Standard EULA continues to govern your relationship with Apple as the App's distributor.

2. The Service

Permadeath is a gamified personal commitment and habit tracker presented in the style of a retro arcade game. You define your own challenges, goals, quests, and durations (each, an "Expedition" or "run"). You self-report whether you completed your committed goals each day. The App tracks your progress and ends ("Permadeaths") your Expedition if you fail to check in within your self-defined daily window or fail to meet your committed goals.

The App stores a personal history of your runs (the "Journal," also referred to as the "Hall of Runs"), issues success or failure "certificates" summarizing each outcome, and may unlock narrative content and visual artifacts as you progress.

Honor system. Permadeath operates entirely on the honor system. We do not verify, monitor, supervise, or independently confirm whether you have actually completed any goal, quest, or activity, or whether you have stayed within any vice allowance you set. Missing a daily check-in window is determined by your phone's local time. There is no anti-cheat mechanism. You are solely responsible for the accuracy of what you log, and we have no obligation to police, audit, or correct your self-reported data.

No real-world guarantee. The App is a self-tracking and motivational tool only. It does not verify, supervise, or guarantee any real-world behavior, result, or outcome. The "death," "failure," and "permadeath" terminology used throughout the App is a game metaphor that refers solely to the status of your in-game character and Expedition. It is not a real-world judgment about you, your health, or your worth.

3. Eligibility

You must be at least 17 years old to use the App. The App includes a feature for tracking the use of age-restricted substances such as alcohol, tobacco, and cannabis (see Section 8), and is rated accordingly. The App is not designed for, marketed to, or intended for use by anyone under 17, and we do not knowingly collect personal information from anyone under 17.

If you are between 17 and the age of legal majority in your jurisdiction, you may only use the App with the consent and supervision of a parent or legal guardian who agrees to be bound by this EULA on your behalf. By using the App, you represent and warrant that you meet these requirements.

We reserve the right to suspend or terminate the account of any user we discover, or reasonably believe, to be under the minimum age, and to delete the associated data.

4. License Grant

Subject to your compliance with this EULA, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on any Apple-branded device that you own or control, solely for your personal, non-commercial use.

You may not:

  • Copy, modify, distribute, sell, rent, lease, sublicense, or transfer the App;

  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent applicable law expressly permits;

  • Use the App to develop a competing product;

  • Use any automated means (bots, scrapers, scripts) to interact with the Service, or attempt to manipulate, falsify, or circumvent token balances, check-in windows, or any other game mechanic;

  • Use the App for any unlawful purpose, or in any manner that could damage, disable, overburden, or impair the Service;

  • Remove or alter any copyright, trademark, or other proprietary notices from the App or its content;

  • Use the App in any way that violates the Apple Standard EULA or the App Store Review Guidelines.

5. Virtual Tokens, In-App Purchases, Pricing, and Billing

The App uses a virtual token system framed as arcade "coins." Tokens are required to start Expeditions and to unlock certain features. There are two types of tokens:

a. Token Types.

  • Green Tokens (free). Green Tokens are provided at no charge. You receive a starting balance, and Green Tokens regenerate up to the free maximum when you have no active Expedition. Green Tokens fund the free tier of the Service.

  • Gold Tokens (paid). Gold Tokens are purchased with real money through Apple in-app purchases. Gold Tokens fund premium use of the Service.

b. Tier Features. The Company may offer, modify, or discontinue tier features at any time. As of the Effective Date, the tiers are intended to function approximately as follows (features and limits are subject to change):

  • Free tier (Green Tokens): Expedition duration capped at a limited number of days; one active Expedition at a time; a limited number of goals per Expedition; and a limited number of vices per Expedition.

  • Paid tier (Gold Tokens): longer Expedition durations; multiple concurrent active Expeditions; a higher number of goals per Expedition; and a higher number of vices per Expedition.

c. Purchases & Billing. All purchases of Gold Tokens and any other paid features are processed through your Apple ID under Apple's standard payment terms. Payment is charged to your Apple Account at confirmation of purchase. The Company does not collect, process, or store your payment card or financial account information; that information is handled by Apple (and our in-app purchase management provider). The Company records only your token balances and a record of your purchases.

d. Token Pricing. Gold Tokens are sold in packs at price points set within the App and the App Store. Packs may include bonus tokens provided at no additional charge; bonus tokens are Gold Tokens and are treated identically to purchased Gold Tokens under this EULA. Pricing and pack composition are subject to change at any time; the price and composition in effect at the time of your purchase govern that purchase.

e. Nature of Tokens. You acknowledge and agree that tokens of any type:

  • Are a limited, revocable, personal license to use a feature of the App, and are not your property;

  • Have no monetary value, cannot be redeemed or exchanged for cash or anything of monetary value, and are not a currency, credit, security, or financial instrument;

  • Are non-transferable and may not be sold, gifted, traded, or moved between accounts or users;

  • Once consumed (for example, spent to start an Expedition) are used up and are non-refundable;

  • Do not expire. Purchased Gold Tokens remain in your wallet until consumed; and

  • May be forfeited, without compensation, only if your account is terminated for violation of this EULA or if you delete your account.

f. No Subscriptions. The App does not offer auto-renewing subscriptions. All paid purchases are one-time, consumable purchases of Gold Token packs. There are no recurring charges; you are charged only when you choose to buy a pack. If the Company introduces a subscription in the future, this EULA will be updated in accordance with Section 20 before any subscription is offered to you.

g. Refunds. All purchases are processed by Apple, and refund requests are handled by Apple under its standard refund policy. We do not process refunds directly. Except where required by applicable law, all purchases are final. You can request refunds from Apple at: https://reportaproblem.apple.com

h. Price Changes. We may change the pricing or composition of token packs from time to time. Price changes do not affect purchases already completed.

6. User Content

The App allows you to enter custom text and data, including but not limited to Expedition names, goal and quest text, custom vice labels, notes, "defeated by" text, and other personal goals ("User Content").

a. Ownership. You retain ownership of your User Content.

b. License to Company. You grant the Company a worldwide, royalty-free, non-exclusive license to host, store, reproduce, display, and use your User Content solely to operate, maintain, and improve the Service for you, and (where you choose to use a sharing feature) to generate the shareable content you request. We do not use User Content for advertising or sell it to third parties.

c. Responsibility. You are solely responsible for your User Content and for any consequences of submitting or sharing it. You represent that your User Content does not violate any law or any third party's rights.

d. Prohibited Content. You agree not to submit User Content that:

  • Is unlawful, harassing, defamatory, threatening, obscene, or hateful;

  • Infringes any patent, trademark, copyright, or other intellectual property right;

  • Promotes, glorifies, or encourages self-harm, suicide, eating disorders, or other dangerous behavior, including any content that reframes the App's in-game "death" or "failure" as encouragement toward real-world self-harm;

  • Contains personal information of others without their consent;

  • Contains malware, viruses, or harmful code.

e. Removal. We may remove User Content or terminate your account at any time, without notice, if we believe in good faith that your User Content violates this EULA.

f. Free-Text Fields and Shared Content. Certain features let you enter free-form text, including the "what defeated you" field that may appear on a death certificate, and let you generate and share certificates or other content to your device or to third-party platforms. You alone author and choose to share this content, and you are solely responsible for what you write and what you share. The Company does not review, edit, endorse, or control your free-text entries or anything you choose to share, and is not responsible or liable for the content of your entries, for your decision to share them, or for any consequence arising from that content or sharing, including any reaction, distress, or claim resulting from material you authored. The randomized in-game text the App may display alongside your entries is fictional, generated, and directed at the in-game character and game world, not at you.

7. Honor System and No Verification

This is one of the most important clauses of this Agreement, and you should read it carefully.

Permadeath does not, and cannot, verify whether you have actually performed any goal, quest, task, or activity that you log in the App, or whether you have stayed within any vice allowance you set. The progress-tracking, vice-tracking, and "permadeath" mechanics are based entirely on what you self-report. The integrity of your run is your own responsibility.

The Company:

  • Makes no representation that your tracked progress, streaks, or vice counts accurately reflect real-world behavior;

  • Has no obligation to detect, audit, or correct false or inaccurate entries;

  • Is not liable for any consequence of your decision to log accurately or inaccurately, including the loss or invalidation of streaks, runs, tokens, or unlocked content.

Permadeath is a tool for personal accountability. Its value depends on your honesty with yourself.

8. Vice Tracking; Health, Fitness, and Wellness Disclaimer

THE APP IS NOT A MEDICAL, HEALTH, FITNESS, MENTAL HEALTH, OR ADDICTION-TREATMENT SERVICE.

a. Vice tracking. The App includes an optional feature that lets you define "vices to limit" — habits you want to keep under control — and track them against a weekly allowance you set. The App expressly anticipates that users may track substances including alcohol, tobacco, and cannabis, as well as anything else you choose to define. This feature is a personal convenience and reminder tool only. It does not affect the game mechanics, the check-in window, or your success or failure status, and exceeding an allowance you set has no automatic consequence in the App. The vice tracker has no clinical validity, diagnoses nothing, and verifies nothing.

b. Not medical or professional advice. Permadeath lets you define goals and vices that may relate to exercise, nutrition, sleep, hydration, abstinence from or limitation of substances, mental health practices, or other wellness activities. The App does not provide medical advice, diagnosis, treatment, or professional fitness, nutritional, or counseling guidance. Goal and quest presets, content, and any related materials are for general informational and motivational purposes only. The App is not a substitute for professional care, and the Company is not your healthcare provider, counselor, or coach.

c. Substance use and other conditions. If you have or may have a substance use disorder, eating disorder, mental health condition, or other medical condition, the App is not designed to diagnose or treat it, and is not a substitute for professional help. You should seek licensed professional care for any such concern. You should consult a qualified healthcare professional before:

  • Beginning any new exercise, fitness, or training regimen;

  • Making significant changes to your diet, nutrition, or hydration;

  • Modifying your use of any medication, supplement, alcohol, tobacco, cannabis, or other substance;

  • Undertaking any goal or quest if you have a medical condition, mental health condition, eating disorder, substance use disorder, or are pregnant.

d. Assumption of risk. You assume all risks associated with the goals, quests, and vice limits you choose to set and pursue. Nothing in the App encourages unsafe, unhealthy, or unlawful conduct, and you are solely responsible for the activities you choose to undertake. The Company is not responsible for any injury, illness, condition, relapse, or harm of any kind that may result from your use of the App or your pursuit of, or failure of, any goal, quest, or vice limit.

e. Game framing. The "death" and "failure" framing in the App is metaphorical and applies only to your in-game character and Expedition. It is not a real-world health, moral, or personal judgment about you.

f. Crisis resources. If you are experiencing a mental health crisis, please contact emergency services or a crisis line. In the U.S., you can call or text the 988 Suicide and Crisis Lifeline by dialing 988. For substance-use concerns in the U.S., the SAMHSA National Helpline is available at 1-800-662-HELP (4357).

9. Privacy and Data

Your use of the App is also governed by our Privacy Policy, which is incorporated into this EULA by reference and describes what data we collect and how we use it. In summary, the App stores account and profile data (such as your email address, display name, chosen avatar, and difficulty mode) and activity data (such as your Expeditions, goals, vice labels and counts, check-in records, story progress, success and failure counts, and token balances and purchase records) in our backend database, which uses access controls so that you can access only your own data.

The App relies on third-party service providers to operate, including a backend and authentication provider, an in-app purchase management provider, and Apple (for distribution, in-app purchase processing, optional Sign in with Apple, and push notification delivery). These providers process data on our behalf or in their own capacity as described in the Privacy Policy. The Company does not collect or store your payment card information.

You may request deletion of your account, which is designed to remove your associated data through cascading deletion, subject to any retention required for legal, security, or legitimate business purposes as described in the Privacy Policy.

10. Intellectual Property

a. Company IP. The App and all content, features, branding, characters, narrative, dialogue, visual artifacts, journal pages, audio, and code (collectively, the "Company Content") are owned by Ice Cream Entertainment LLC or its licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws.

This expressly includes, but is not limited to:

  • The character Dax Stone, including all visual designs and pixel art representations;

  • The character The Perfessor (Perfessor Ection / Perf. Hugh G. E. R. Ection) and all associated narrative;

  • All journal page text, story fragments, and in-game narrative materials;

  • The "Permadeath" name, logo, and associated trade dress;

  • The goal and quest preset library and quest icons;

  • The "Journal" / "Hall of Runs" feature and its visual design;

  • All pixel art, illustrations, animations, sound effects, and music.

You are granted no rights in or to Company Content other than the limited license to use the App as described in Section 4.

b. Feedback. If you submit feedback, suggestions, or ideas about the App, you grant the Company a perpetual, irrevocable, royalty-free license to use them without any obligation to you.

c. Trademarks. "Permadeath," "The Perfessor," "Dax Stone," and any associated logos are trademarks of Ice Cream Entertainment LLC. You may not use them without our prior written consent.

11. Notifications and Communications

The App may send push notifications to remind you of daily check-in windows and quests, deliver narrative content, or notify you of events related to your run (including a Permadeath event). The App may also send email for account-related communications. By enabling notifications or providing your email, you consent to receive these communications. You may disable push notifications at any time in your device settings, and may opt out of non-essential email communications using the mechanism provided; we may still send essential account or transactional messages.

12. Social and Sharing Features

The App may let you generate and share "certificates" or other content summarizing your Expedition outcomes (success or death), including by saving to your device or sharing to third-party platforms such as X, Instagram, or Facebook. Sharing is initiated by you. When you choose to share, the content you generate may become visible to others, and your use of any third-party platform is governed by that platform's own terms and privacy policies. You are responsible for reviewing what a shared certificate contains before you share it, and for ensuring you do not expose information you wish to keep private.

13. Disclaimer of Warranties

THE APP AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY CREATES A WARRANTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR ANY INJURY, ILLNESS, OR HARM ARISING FROM ANY GOAL, QUEST, OR ACTIVITY YOU CHOOSE TO UNDERTAKE, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE APP OR THE SERVICE, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, OR OTHERWISE), AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS EULA OR THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO THE COMPANY FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the App or the Service;

  • Your User Content;

  • Your violation of this EULA;

  • Your violation of any law or any rights of any third party.

The Company reserves the right to assume the exclusive defense of any matter for which you are required to indemnify us, in which case you agree to cooperate.

16. Termination

This EULA is effective until terminated. Your rights under this EULA will terminate automatically and without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the App and delete it from your device. If your account is terminated or suspended for cause (including violation of this EULA), you are not entitled to any refund, and any tokens, balances, and unlocked content associated with your account may be forfeited without refund or other compensation.

The Company may also terminate or suspend your access to the App at any time, with or without notice, for any reason, including suspected violation of this EULA.

Sections 6 (User Content license), 8 (Health Disclaimer), 9 (Privacy and Data), 10 (Intellectual Property), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 17 (Dispute Resolution), and 18 (Governing Law) survive termination.

17. Dispute Resolution; Arbitration; Class Action Waiver

a. Informal Resolution. Before filing any claim, you agree to contact us at info@icecreamentertainment.net and attempt to resolve the dispute informally for at least 30 days.

b. Binding Arbitration. Except for claims that may be brought in small claims court, any dispute arising out of or relating to this EULA or the App shall be resolved by binding arbitration administered by JAMS in accordance with its applicable rules, in Ada County, Idaho.

c. Class Action Waiver. You and the Company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative action.

d. Opt-Out. You may opt out of arbitration by sending written notice to the Company within 30 days of first accepting this EULA.

18. Governing Law

This EULA is governed by the laws of the State of Idaho, without regard to its conflict of laws principles. Subject to the arbitration provisions above, you and the Company submit to the exclusive jurisdiction of the state and federal courts located in Ada County, Idaho for the resolution of any disputes.

The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

19. Apple-Specific Provisions

You acknowledge that this EULA is between you and the Company only, not with Apple, and that Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App.

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you (if any). To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App.

Apple is not responsible for addressing any claims by you or any third party relating to the App, including but not limited to product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.

In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

20. Changes to This EULA

We may modify this EULA from time to time. If we make material changes, we will notify you through the App or by other means before the changes take effect. Your continued use of the App after the effective date of the updated EULA constitutes your acceptance of the changes.

21. Miscellaneous

a. Entire Agreement. This EULA, together with the Apple Standard EULA and our Privacy Policy, constitutes the entire agreement between you and the Company regarding the App.

b. Severability. If any provision of this EULA is found to be unenforceable, the remaining provisions shall remain in full force.

c. No Waiver. Our failure to enforce any right or provision of this EULA will not be considered a waiver.

d. Assignment. You may not assign this EULA. The Company may assign it freely.

e. Headings. Headings are for reference only and do not affect interpretation.

22. Contact

For questions about this EULA, contact:

Ice Cream Entertainment LLC d/b/a Permadeath 1711 11th St N, Nampa, ID 83686 Email: info@icecreamentertainment.net

© 2026 Ice Cream Entertainment LLC. All rights reserved. "Permadeath," "The Perfessor," and "Dax Stone" are trademarks of Ice Cream Entertainment LLC.