TERMS OF SERVICE

Ages 13–17

Effective: May 29, 2026

Operator: Marbula One LLC

Contact: legal@marbulaone.com

These Terms of Service (“Terms”) govern your access to and use of the Marbula One platform, website, and related services available at game.marbulaone.com and any associated pages (collectively, the “Platform”), operated by Marbula One LLC (“Marbula One,” “we,” “us,” or “our”) under license from Jellesmarbleruns B.V. (Jelle’s Marble Runs (“JMR”)).

The Platform is for users between the ages of 13 and 17. By creating an account or using the Platform, you agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree, do not access or use the Platform.

If you are a parent or guardian of a user of the Platform, these Terms apply to your child’s use of the Platform. You may contact us at legal@marbulaone.com with any questions about your child’s account.

IMPORTANT NOTICE: THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 16. PLEASE READ THAT SECTION CAREFULLY.

1. Eligibility

1.1 Age

The Platform is for users who are between the ages of 13 and 17. By creating an account, you represent and warrant that you are at least 13 years old and not yet 18.

1.2 Age Verification

We rely on your self-certification of age at account opening. We reserve the right to require additional age verification at any time, and to suspend or terminate accounts where eligibility cannot be confirmed.

1.3 Under-13 Prohibition

The Platform is not directed to, and may not be used by, any person under the age of 13. If we learn that a user under 13 has registered, we will promptly delete their account and any personal information collected. To report a potential under-13 account, contact us at legal@marbulaone.com.

1.4 18+ Users

Users who are 18 or older may not use this Platform. A separate Marbula One service is available for users 18 and older at game.racino.io under separate terms and policies.

1.5 Parental Awareness

If you are under the age of majority in your jurisdiction, your parent or guardian should review these Terms and our Privacy Policy with you. By using the Platform, you represent that your parent or guardian is aware of and consents to your use of the Platform in accordance with these Terms.

2. Account Registration and Security

2.1 Registration

To use the Platform, you must create an account by providing accurate, complete, and current information. You may not register more than one account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

2.2 Account Security

You agree to notify us immediately at legal@marbulaone.com if you suspect unauthorized access to or use of your account or credentials. We are not liable for losses resulting from your failure to maintain the security of your account.

2.3 Account Restrictions

Your account is personal to you. You may not transfer, share, sell, or allow any other person to access or use your account. Accounts found to be shared, transferred, or operated by someone other than the registered user may be immediately suspended or terminated.

3. Skill-Based Competitions

3.1 How Races Work

Marbula One hosts simulated marble racing competitions. Race outcomes are determined by the participant’s selection of a marble whose stats (such as Weight, Roll, Turns, and Slopes) best match the published track conditions and forecast for that race. Once a race begins, the outcome is fully determined by the pre-race configuration. The race simulation contains no runtime randomness that alters the result.

Randomness may apply to other Platform features (such as marble progression and item acquisition), which are separate from race competition and do not affect the outcome of a race once it begins.

3.2 Visual Simulation

The on-screen race animation is a cosmetic representation of pre-determined outcomes. The visual simulation is provided for entertainment purposes and does not independently determine or alter race results.

3.3 No Cash Mechanics

The Platform is for entertainment only. There are no entry fees, no cash prizes, and no fee-based tournaments on this Platform. You cannot earn or receive money, cryptocurrency, or anything of monetary value from your use of the Platform.

4. In-Platform Purchases

4.1 Available Items

Users may purchase non-transferable in-Platform items, including:

- Individual cosmetic items, such as marble skins and visual customizations; and

- Packs, which are bundles of in-Platform items that may include Marbles and Skins.

All items available for purchase have no real-world monetary value, are non-transferable, may not be resold, traded, or transferred for value, and confer no monetary or cash-equivalent benefit.

4.2 Payment Method

Cosmetic purchases may require use of a parent or guardian payment method. By submitting a payment, you represent that you are authorized to use the payment method provided.

4.3 No Refunds

All purchases of in-Platform items (including individual cosmetic items and Packs) are final and non-refundable once delivered, except as required by applicable consumer protection law. You may not request a refund of any purchase for any reason, including change of mind, dissatisfaction with the item, or account closure.

4.4 No Cash Value

In-Platform items have no cash value. They cannot be exchanged for cash, cryptocurrency, or any item of monetary value. They are non-transferable, are not assets owned by you outside the Platform, and exist solely as part of your in-Platform experience.

5. Intellectual Property

5.1 Platform Content

The Platform and all of its content, features, and functionality — including software, text, graphics, images, race simulations, audio, and all related design elements — are owned by Marbula One LLC or its licensors and are protected by applicable copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, create derivative works from, or otherwise exploit Platform content without our prior written consent.

5.2 Licensed Third-Party Content

The Marbula One brand, marble racing content, team identities, event names, athlete likenesses, and related creative assets are the exclusive intellectual property of Jellesmarbleruns B.V. (Jelle’s Marble Runs), licensed to Marbula One LLC for use on the Platform. These assets may not be used outside of the Platform or for any commercial purpose without the prior written consent of Jellesmarbleruns B.V.

5.3 Your Content

By submitting any content to the Platform (such as usernames, avatars, or communications), you grant us a non-exclusive, worldwide, royalty-free license to use, display, and reproduce that content in connection with operating and improving the Platform. You represent and warrant that you have all rights necessary to grant this license.

5.4 Feedback

Any feedback, suggestions, or ideas you submit about the Platform may be used by us freely and without compensation or attribution to you.

6. Prohibited Conduct

You agree not to:

- Access or use the Platform if you do not meet the age requirements in Section 1;

- Provide false, inaccurate, or misleading information, impersonate another person, or misrepresent your age or eligibility;

- Attempt to circumvent age verification mechanisms or payment systems;

- Exploit bugs, glitches, or unintended platform mechanics to gain a competitive advantage;

- Use third-party bots, macros, automated scripts, or other tools that interfere with normal Platform operation or gain a competitive advantage;

- Collude with other users to manipulate race outcomes or leaderboard standings;

- Create or operate multiple accounts to bypass restrictions or limits;

- Use the Platform in connection with unlawful activity, including fraud or use of stolen or unauthorized payment methods;

- Interfere with or disrupt the Platform’s security features, infrastructure, or other users’ experience; or

- Sell, transfer, or otherwise monetize your account or in-Platform items outside of features we expressly offer (and noting that no such resale or transfer features are offered on the Platform).

If we make a reasonable determination that you have engaged in a material breach of these Terms through prohibited conduct, we reserve the right to suspend or terminate your account and void any race results or in-Platform items associated with the conduct. No refund will be issued in connection with a confirmed violation of these Terms.

7. Third-Party Services

The Platform integrates with or links to third-party services, including payment processors and social login providers. Your use of those services is governed by their own terms and privacy policies. We are not responsible for the content, practices, security, or availability of any third-party service. Integration with or availability of a third-party service does not constitute our endorsement of that service.

8. Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MARBULA ONE LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY ARISING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR TO THE EXTENT SUCH LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless Marbula One LLC and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, fines, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of or access to the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or any third-party right; or (d) any content or information you submit to the Platform. We reserve the right to assume exclusive control of the defense of any claim subject to indemnification, at your expense.

11. Account Suspension and Termination

11.1 Termination by You

You may close your account at any time by contacting us at legal@marbulaone.com. Account closure does not entitle you to a refund of any prior purchases.

11.2 Termination by Us

We may suspend or terminate your account at any time for any reason, including for violation of these Terms, suspected fraud, or potential illegal activity. Where practicable and not prohibited by legal or security concerns, we will provide advance written notice of termination. Terminations for fraud, security risk, cheating, or legal compliance may be immediate and without notice.

11.3 Effect of Termination

Upon termination, you lose access to your account and all associated content, including any in-Platform items. In-Platform items have no cash value (see Section 4.4) and no refund is owed upon termination.

11.4 Termination on Reaching Age 18

This Platform is for users between the ages of 13 and 17. When you reach the age of 18, you are no longer eligible to use this Platform. You may transition to the separate 18+ Marbula One service at game.racino.io, which has its own terms, policies, and features. Your account on this Platform may be closed upon your reaching age 18.

11.5 Survival

The following sections survive termination of these Terms: Sections 3, 5, 6, 8, 9, 10, 14, 15, 16, and 17.

12. Changes to the Platform and These Terms

We reserve the right to modify, suspend, or discontinue the Platform or any feature at any time with or without notice. We will not be liable for any modification, suspension, or discontinuation of the Platform.

We may update these Terms at any time. For material changes, we will provide at least 30 days’ advance notice via email or a prominent notice posted on the Platform. Your continued use of the Platform after the effective date of any update constitutes your acceptance of the revised Terms. Changes to the arbitration or governing law provisions will not apply retroactively to disputes for which either party had actual notice before the change was posted.

13. Communications and Contact

We may send you transactional communications relating to your account (such as account notices, security alerts, and policy updates). If you have concerns about your account, the Platform, or your child’s use of the Platform, please contact us at legal@marbulaone.com.

14. Location Compliance

You are responsible for ensuring that your use of the Platform complies with all applicable laws of the jurisdiction in which you reside and from which you access the Platform.

Because this Platform is for users between the ages of 13 and 17 and offers no fee-based tournaments or prizes, the jurisdictional restrictions that apply to fee-based skill-based events on Marbula One’s 18+ service do not apply to this Platform.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

15. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. To the extent any dispute is not subject to arbitration under Section 16, you consent to the exclusive jurisdiction of the federal and state courts located in Delaware.

16. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND CLASS ACTION.

16.1 Binding Mutual Arbitration

Except as otherwise provided in this Section, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform — including any question of their formation, existence, validity, interpretation, breach, or termination — shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by these Terms. This obligation to arbitrate is mutual and applies equally to both you and Marbula One LLC.

16.2 Class Action Waiver

You and Marbula One LLC each waive the right to a jury trial and the right to participate in any class action, collective proceeding, consolidated action, or representative proceeding. Claims may only be brought in an individual capacity. The arbitrator may not consolidate more than one person’s claims or preside over any form of class or representative proceeding.

16.3 Exceptions

Either party may bring qualifying claims in small claims court. Either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending the initiation or completion of arbitration.

16.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice postmarked within 30 days of your first acceptance of these Terms to:

Marbula One LLC

975 E Maple Rd, Suite 100

Birmingham, MI 48009

Attn: Legal — Arbitration Opt-Out

Your notice must include your full name and the email address associated with your account and a clear statement that you are opting out of arbitration. Opting out does not affect any other provision of these Terms.

16.5 Arbitration Costs

We will pay AAA administrative fees and arbitrator compensation for any arbitration we initiate, and for claims under $10,000 that you initiate in good faith. For all other claims, fees will be allocated in accordance with AAA Consumer Arbitration Rules.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Marbula One LLC regarding the Platform and supersede any prior agreements, representations, or understandings, whether written or oral.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

17.3 No Waiver

Our failure to enforce any right or provision of these Terms on any occasion does not constitute a waiver of that right or provision on any future occasion.

17.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

17.5 Contact

Questions about these Terms may be directed to: legal@marbulaone.com.