Effective Date: May 30, 2026 Last Updated: July 24, 2026

1. Agreement to These Terms

These Terms of Service (“Terms”) govern your use of the CYPHER mobile application (“the App,” “CYPHER”), operated by Ashton Sims, an individual developer based in Boca Raton, Florida, USA (“we,” “us,” “our,” or “the Developer”). By downloading, installing, or using CYPHER, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

These Terms form a binding legal agreement between you and the Developer. Please read them carefully.

2. About the App

CYPHER is a mobile application for collecting digital sneaker cards, opening virtual packs, and completing themed sets. The App offers in-app purchases of virtual tokens, subscription tiers providing additional in-app benefits, and gameplay mechanics including pack opening, card collection, set completion rewards, and a Vault Showcase feature.

The cards, tokens, packs, and other virtual items within CYPHER are digital entertainment items. They have no real-world monetary value and are not exchangeable for currency, goods, or services outside of the App.

3. Eligibility

To use CYPHER, you must be at least 13 years of age, or the minimum age required to consent to use of digital services in your jurisdiction, whichever is higher. By using the App, you represent and warrant that you meet this eligibility requirement.

If you are under the age of majority in your jurisdiction (typically 18 in the United States), you may use CYPHER only with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf.

4. License to Use the App

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 CYPHER on devices that you own or control, solely for your personal, non-commercial entertainment. This license does not constitute a sale of the App or any content within it.

5. In-App Purchases and Subscriptions

CYPHER offers two types of in-app purchases:

Consumable Tokens. You may purchase virtual tokens in token packs of various sizes. Tokens are used within the App to open card packs and access in-App features. Tokens are consumed when used and cannot be refunded once consumed. Unused tokens have no monetary value and cannot be exchanged for currency or transferred to another user or account.

Auto-Renewable Subscriptions. CYPHER offers subscription tiers (CYPHER+ and CYPHER PRO) that provide ongoing in-app benefits, including monthly token grants and periodic free pack openings. Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the end of the current period. The subscription price, renewal terms, and any free trial details are disclosed at the point of purchase.

Apple’s Role. All in-app purchases and subscriptions are processed through Apple’s App Store using Apple’s StoreKit framework. Apple, not the Developer, manages the payment transaction, billing, and subscription renewal. By purchasing within CYPHER, you also agree to Apple’s terms governing in-app purchases and the App Store.

Managing and Cancelling Subscriptions. You can manage or cancel your subscription at any time through your device’s Settings (Apple ID > Subscriptions) or within the App via the Manage Subscription option in the Profile tab. Cancellation will take effect at the end of your current billing period; you will continue to have access to subscription benefits until that period ends.

Restoration of Purchases. If you switch devices, reinstall the App, or otherwise lose access to previously purchased benefits, you can restore your purchases via the Restore Purchases option in the Profile tab.

Refunds. All in-app purchases are non-refundable except where required by applicable law or by Apple’s App Store refund policies. Refund requests must be directed to Apple, not the Developer. Information about requesting a refund from Apple is available at https://support.apple.com/en-us/HT204084.

6. Virtual Items and No Real-World Value

Cards, tokens, packs, set rewards, Vault Showcase customizations, and all other virtual items within CYPHER (“Virtual Items”) are digital licenses provided for your in-app entertainment use only. Virtual Items have no real-world monetary value, are not redeemable for currency, and cannot be transferred, sold, gifted, or exchanged outside of the App.

The Developer reserves the right to modify, manage, control, suspend, or eliminate any Virtual Items at our discretion, including without limitation modifying pack contents, set rewards, rarity distributions, or subscription benefits, with reasonable notice where practical. You acknowledge that you have no property right, title, or interest in any Virtual Items, and that the Developer’s modification or removal of Virtual Items shall not give rise to any claim for compensation or refund.

In-App Trading. Where the App offers card trading between users, trades are final once completed and are exchanges of Virtual Items only. Some listings may be posted by CYPHER to seed marketplace liquidity.

7. Pack Opening and Random Outcomes

Card packs in CYPHER contain cards drawn from defined card pools using documented probability distributions. The specific contents of any individual pack are determined at the time of opening based on these probabilities. Pack outcomes are random within these distributions, and individual results may vary.

You acknowledge that purchasing a pack provides you with the opportunity to receive cards from the applicable pool, not the right to receive any specific card. The Developer makes no guarantee that any particular card, rarity tier, or set completion will result from any specific purchase or sequence of purchases.

8. User Conduct

You agree not to:

  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except to the limited extent permitted by applicable law
  • Modify, adapt, translate, or create derivative works based on the App
  • Use the App for any commercial purpose, or to sell, license, or otherwise monetize access to the App or its content
  • Exploit bugs, glitches, or unintended behaviors in the App for personal gain, including without limitation exploits that grant unauthorized tokens, cards, or subscription benefits
  • Attempt to interfere with the App’s operation, security mechanisms, or normal functioning
  • Use any automated tool, script, or bot to interact with the App
  • Use the App in any manner that violates applicable laws or regulations
  • Harass, abuse, threaten, or harm other users, or use the App’s trading features to target, defraud, or intimidate any user

User Content and Moderation. The only user-attributable content visible to other users in the App is your automatically generated collector handle and your trading activity (listings and offers); the App provides no free-text channel between users. You may report objectionable conduct from any listing or offer (Report), and you may block any user (Block) — blocked users’ listings are hidden from you and new offers between you are prevented. We review reports promptly and, where warranted, will remove content (including cancelling listings), restrict trading, suspend, or terminate the accounts of offending users. To contact us about any user or content, email cypherapp.privacy@gmail.com.

Violation of these conduct rules may result in suspension or termination of your access to the App, without notice and without refund of any unused Virtual Items.

9. Intellectual Property

The App. The App, including its design, code, graphics, audio, layout, and interface, is owned by the Developer and is protected by intellectual property laws of the United States and other jurisdictions. These Terms do not grant you any right, title, or interest in the App except for the limited license described in Section 4.

Sneaker Brands and Third-Party Marks. The App features digital representations of real-world sneakers, including products manufactured or designed by Nike, Inc., Jordan Brand, Adidas AG, and other footwear companies. All sneaker brand names, model names, designs, trademarks, and trade dress referenced in the App are the property of their respective owners. The use of these names and designs within CYPHER is for editorial and identification purposes only and does not imply any affiliation with, endorsement by, or sponsorship from these companies. CYPHER is not affiliated with, authorized by, or endorsed by Nike, Inc., Jordan Brand, Adidas AG, or any other footwear manufacturer.

Your License to User Content. CYPHER does not accept free-form user-generated content. Your collector handle is generated automatically by the App (you do not choose or edit it), and your visible activity is limited to structured trading actions (listings and offers). If future features of the App allow you to submit content, those features will be subject to additional terms that will be presented to you at that time.

10. Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

THE DEVELOPER DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS. THE DEVELOPER MAKES NO WARRANTY REGARDING THE APP’S COMPATIBILITY WITH YOUR DEVICE OR THE CONTINUOUS AVAILABILITY OF ANY VIRTUAL ITEMS, FEATURES, OR FUNCTIONALITY.

YOUR USE OF THE APP IS AT YOUR SOLE RISK.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP.

THE DEVELOPER’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO THE DEVELOPER THROUGH IN-APP PURCHASES WITHIN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY UNITED STATES DOLLARS ($50.00 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE DEVELOPER’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Developer from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the App in violation of these Terms, (b) your violation of any applicable law or regulation, or (c) your infringement of any third party’s rights.

13. Termination

You may stop using the App at any time and may uninstall the App from your device. Uninstalling the App deletes the App’s local data on your device, but does not by itself delete your account: your server-side account data (including your card collection, token balance, and trading history) remains until you delete your account, which you can do at any time in the App via Profile → Delete Account (see the Privacy Policy for exactly what deletion removes). Note that an account never signed in with Apple has no credentials — if you uninstall the App without signing in, that anonymous account and its collection become permanently unreachable, and the Developer cannot recover them.

The Developer reserves the right to suspend or terminate your access to the App at any time, with or without cause, with or without notice, including without limitation if we believe you have violated these Terms. Upon termination, your right to use the App ends immediately. Sections of these Terms that by their nature should survive termination (including Sections 6, 9, 10, 11, 12, 14, 15, and 16) shall survive.

14. Changes to These Terms

We may update these Terms from time to time to reflect changes in the App, our practices, or applicable law. When we make changes, we will update the “Last Updated” date at the top of these Terms. Your continued use of the App after such changes constitutes acceptance of the updated Terms. If you do not agree with the updated Terms, you must stop using the App.

For material changes to these Terms (such as changes affecting your payment obligations or significantly altering your rights), we will provide additional notice through the App or by other reasonable means before such changes take effect.

15. Governing Law and Dispute Resolution

Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal Resolution. Before initiating any formal legal action, you agree to first contact the Developer at cypherapp.privacy@gmail.com to attempt to resolve the dispute informally. We will work in good faith to resolve any dispute within sixty (60) days of receiving your written notice.

Binding Arbitration. If we cannot resolve a dispute informally, you and the Developer agree that any dispute, controversy, or claim arising out of or related to these Terms or your use of the App shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in Palm Beach County, Florida, or, at your election, in your home jurisdiction if you reside in the United States. The arbitrator’s decision shall be final and binding.

Exceptions to Arbitration. Notwithstanding the foregoing, either party may bring a claim in small claims court for disputes within that court’s jurisdiction, and either party may seek injunctive or other equitable relief in court to protect intellectual property rights.

Jurisdiction for Court Proceedings. For any matter not subject to arbitration, you and the Developer consent to the exclusive jurisdiction of the state and federal courts located in Palm Beach County, Florida.

16. Apple-Specific Terms

CYPHER is distributed through Apple’s App Store. The following terms apply to your use of CYPHER on Apple devices:

  • These Terms are between you and the Developer, not between you and Apple. Apple is not responsible for the App or its content.
  • Apple has no obligation to provide maintenance or support services 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 (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
  • The Developer, not Apple, is responsible for addressing any claims by you or any third party relating to the App, including without limitation product liability claims, claims that the App fails to conform to applicable legal or regulatory requirements, and claims under consumer protection or similar legislation.
  • The Developer, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claims.
  • You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, 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 these Terms, with the right to enforce these Terms against you.

17. Miscellaneous

Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Developer regarding the App and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

No Waiver. The Developer’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Assignment. You may not assign or transfer these Terms or your rights under them without the Developer’s prior written consent. The Developer may assign these Terms at any time without your consent.

Contact. For any questions about these Terms, please contact us at cypherapp.privacy@gmail.com.