Nutzungsbedingungen

These Terms of Service and linked documents (“Terms”) govern the relationship between you (“User” or “you”) and SP Interactive L.L.C.-FZ. (“Company”, also "we", "us", and "our") regarding your use of our video games published directly or through a third-party platform, or another interactive entertainment product developed or published by the Company (“Game(s)”), as well as related tools, websites, applications, and other digital products and services (together, the “Services”).

IF YOU ARE A MINOR (YOUNGER THAN 18 YEARS OLD OR AS ESTABLISHED IN YOUR LOCATION), ASK YOUR PARENT TO READ AND ACCEPT THIS DOCUMENT.

ARBITRATION AND CLASS ACTION WAIVER NOTICE: EXCEPT WHEN YOU RESIDE IN THE EUROPEAN UNION OR ANOTHER JURISDICTION WHERE ARBITRATION IS NOT PERMITTED AS SPECIFIED IN SECTION 15, YOU AND THE COMPANY AGREE THAT ANY DISPUTES ARISING BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A TRIAL OR PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS-ACTION OR CLASS-WIDE ARBITRATION.

These Terms are written in English and can be translated into other languages at the discretion of the Company. The English version takes precedence in case of contradictions between the English version and its translation.

1. GENERAL TERMS

Access to the Services

1.1. When accessing and using Company’s Services, including downloading, installing, accessing or playing our Games or otherwise using the Services, you shall agree to be bound by these Terms and confirm that you have the legal capacity to enter into the relationship with the Company and to form a binding contract with the Company for the Services. If you do not agree with these Terms in full or in part, we are unable to offer you our Games and Services

1.2. These Terms are legally binding on all users and constitute a written agreement between the User and the Company. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1.3. By accepting these Terms and accessing the Services, you represent and warrant that you are an adult, meaning that you have reached the age of majority in your jurisdiction. If you have not reached the age of majority in your jurisdiction, you please ask your parent or legal guardian to read these Terms and consent for you to use the Services. If you are a parent or guardian permitting a child to use the Services, you accept these Terms and acknowledge that they are binding for you and the minor, and you are responsible for the minor’s use of the Services. We recommend enabling the parental controls available through platforms and your devices.

1.4. We may restrict or condition access to all or part of the Services based on age or other legal requirements in specific regions or on certain platforms. You must not attempt to access any age-restricted Services unless you meet the applicable requirements.

1.5. We may request age verification from any User at our reasonable discretion. If a User does not confirm that they meet the applicable age requirements, or does not provide evidence of parental consent where required, the Company reserves the right to deactivate or delete a User’s Account without prior notice.

2. HEALTH AND SAFETY WARNINGS

2.1. Any fighting, combat, stunts or other dangerous activity depicted in Game is for entertainment purposes only and is not instructional. Do not attempt to recreate or imitate any conduct shown in the Games. Doing so may cause serious injury or death to you or others and may be unlawful. To the fullest extent permitted by applicable law, we accept no liability for loss, injury or damage arising from your decision to imitate anything depicted in the Games.

2.2. Some of our Services may not be suitable for individuals with conditions such as epilepsy, seizures, or other health concerns. It is the User’s responsibility to assess whether the Services may pose a risk to their health. If there is any doubt, the User should immediately cease using the Services and consult a medical professional before resuming usage.

2.3. The Services may contain flashing lights, rapidly changing images, and other visual effects that may trigger adverse reactions, including dizziness, nausea, disorientation, blurred vision, involuntary movements, or seizures. If you experience any such symptoms, stop using the Services immediately and seek medical advice before resuming use.

2.4. Prolonged play can cause fatigue, eye strain, headaches, discomfort, or repetitive strain injuries. To reduce the risk of discomfort or injury, take a break of at least 15 minutes every hour, maintain good posture, keep a reasonable distance from the screen, and avoid playing when tired, fatigued, or sleep-deprived.

2.5. You are solely responsible for determining whether the Services are suitable for you and for taking any precautions to protect your health and wellbeing while using the Services.

3. GENERAL TERMS OF USE

3.1. The Company reserves the right to update or modify the Services or any part of the Services at any time without prior notice.

3.2. Subject to applicable law, the Company may suspend or discontinue all or part of the Services at any time. Any refunds or compensation, if applicable, will be governed by these Terms and applicable law.

3.3. The Services may not be available in all countries or regions. The Company may limit access to all or part of the Services based on geographic location at its sole discretion. In such cases, the Terms are deemed non-applicable in those regions, and no obligations shall arise in these situations.

3.4. At its discretion, the Company may provide technical support for the Services free of charge. Unless required by mandatory provisions of law in your location, the Company is not obligated to provide specific support or maintenance for the Services. We will make reasonable efforts to assist you with any issues regarding the use of Services.

3.5. User agrees to keep all correspondence with the Company confidential, including interactions with the technical support specialists. Any information received from the Company is confidential and may not be disclosed or made public without the Company’s explicit permission. This provision does not limit any rights you may have under applicable law.

3.6. The Services may occasionally be unavailable, interrupted, delayed, or limited due to scheduled maintenance, emergency maintenance, technical issues, software updates, security measures, network failures, or other circumstances. The User agrees that such outages are typical and do not affect the overall quality or functionality of the Services.

3.7. Certain Services may require your device to satisfy minimum or recommended technical specifications, including processor, graphics card, memory, operating system, storage capacity, network connection or other hardware and software requirements. Updates, patches or new features may increase the technical requirements necessary to use the Services. You are solely responsible for ensuring that your device and internet connection satisfy the applicable technical requirements and remain compatible with the Services.

3.8. Some Services may be provided through third-party platforms (e.g., Steam, AppStore, Google Play). Your use of such third-party services is governed by their respective terms and conditions. The Company does not regulate or control your interaction with these platforms, and any references to third-party platforms are provided “AS IS,” without any express or implied warranty.

3.9. User may communicate with other users through social and community features, such as in-game chat, voice, private messaging, friends lists, forums, comments, or similar communication features. The Company may establish additional rules for such communications.

3.10. Our Services may include artificial intelligence and machine-learning systems, including within certain gameplay features. In some game modes you play against computer-controlled or AI-driven opponents rather than against other people.

3.11. We may use automated or AI-based translation to translate in-game chat and other communications between languages. Automated translations are provided for convenience only, are not reviewed by us, and may be inaccurate, incomplete or misleading.

4. ACCOUNT

4.1. Certain Services may allow you create an account, consisting of the information associated with you that enables us to authenticate you, provide the Services, maintain your game progress, settings, virtual content, purchases, statistics, and other information ("Account"). To register an Account, you need to provide the necessary information required to provide the Services, as outlined in our Privacy Policy.

4.2. If expressly permitted by the specific Service, you may create or access Account using credentials provided by a third-party service (such as Steam, or another supported authentication provider).

4.3. You are solely responsible for providing accurate information at registration and ensuring it remains up-to-date, so that we have correct details about you and your account.

4.4. User must not provide false, misleading or inaccurate information, impersonate another person or entity, create an Account using the identity or personal information of another person without appropriate authorization, or use any other information that infringes the rights of any third party or violates applicable law.

4.5. You are solely responsible for maintaining the confidentiality and security of your Account credentials and for all activities conducted through your Account. Any use of the account with a user's login and password will be considered an activity by the User. You must promptly notify the Company if you become aware of any unauthorized access or misuse of your Account.

4.6. Creating or using multiple Accounts to circumvent these Terms, gameplay restrictions, enforcement measures, technical limitations, or game mechanics is strictly prohibited.

4.7. Where the Services are provided through third-party platforms, you may be required to maintain a separate account with the relevant platform. You are solely responsible for complying with the applicable terms, conditions and policies of those third-party providers.

4.8. User agrees to use the Services and their account for non-commercial, personal, and lawful purposes only. Such uses must align with the intended nature, purpose, and functions of the Services.

4.9. User may delete their account at any time. The deletion of the account, whether initiated by the User or by us, results in the termination of these Terms. To the extent permitted by applicable law, the Company is not required to provide refunds, benefits, or any other form of compensation if the Account is deleted.

4.10. If a User's Account remains inactive for three (3) years or longer, the Company may delete the Account after providing reasonable prior notice to the email address associated with the Account.

4.11. User acknowledges that they do not own or have proprietary rights over their Account. The Company grants access to the Account solely to provide the User with the Services.

4.12. You must not sell, purchase, transfer, assign, share, gift, rent, lease, sublicense, or otherwise make your Account available to any other person, whether for payment or free of charge. The Company may suspend or delete any Account involved in unauthorized transfers.

5. SERVICE TESTING

5.1. From time to time, the Company may offer sers the opportunity to participate in testing pre-release versions of the Services, including games, game modes, features, updates, content, or other functionality ("Test(s)"). Tests may be open (available to anyone who chooses to participate and meets eligibility requirements) or closed (available only to participants invited by the Company). Participation in any Test is subject to these Terms and any additional rules and eligibility requirements communicated by the Company.

5.2. The Company may accept or reject any application to participate, limit the number of participants, establish eligibility criteria, or suspend, revoke or terminate your participation at any time, with or without notice and for any reason.

5.3. By participating in a Test, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the relevant test version of the Services solely for testing and evaluation purposes.

5.4. Your progress, achievements, in-game items and other data on a test account may be reset, lost or removed at any time, including when a Test ends. Participation in a Test does not create any entitlement to continued access to the Services or to participate in future Tests.

5.5. Test versions of the Services are under active development and may contain bugs, errors, technical issues, incomplete functionality, balance issues or other defects. You acknowledge and agree that Test versions may be unstable, unavailable, modified or discontinued at any time. To the maximum extent permitted by applicable law, Test versions are provided "AS IS" and "AS AVAILABLE", without any warranty or guarantee of any kind.

5.6. Tests are free and personal, and sharing access to the Services with third parties is forbidden. Any information, including comments, ideas, or other feedback, obtained or provided by the User during the tests is strictly confidential. Confidential information includes, but is not limited to, any information regarding the Services, their development, features, functionality, gameplay, plot, screenshots or screen recordings, information about discovered errors, and any comments, suggestions, ideas or other feedback provided during the Test.

5.7. The confidentiality obligations continue indefinitely or for the longest period allowed by applicable law if indefinite validity is not permitted.

5.8. The User acknowledges that a breach of confidentiality could cause irreparable harm. The Company is entitled to full compensation for any damage incurred as a result of such a violation. If you participate in Test, you must safeguard and prevent unauthorized access to, copying, disclosure, and unauthorized use of the tested Content and Services.

5.9. The Company has no obligation to release, continue developing, or commercially launch any Test, feature, game mode, update or other content made available during a Test.

6. GRANT OF LICENSE

6.1. The Services, including the Games, the Game client, content, in-game content, software, technology, text, files, documents, graphics, images, designs, music, software, audio and video, databases, trademarks, audiovisual materials, films, messages, pictures, architecture, and all other elements of the Services ("Content"), together with all intellectual property rights therein, are owned by or licensed to the Company.

6.2. Except for the limited license expressly granted under these Terms, nothing in these Terms transfers or assigns any ownership or intellectual property rights in the Services or the Content to you.

6.3. The license granted to you by Company to use the Content is:

• non-exclusive: we can grant the same licenses to other people

• non-transferable: you may not transfer or sub-license any of the rights that we grant you to any other person

• limited: you can only use the Services for the purposes and in the manner set out in these Terms

• revocable: we can terminate this license

• personal: you may not use the Services for any commercial purpose

• non-perpetual: the license terminates under certain conditions set out in these Terms

• conditional on your compliance with these Terms.

6.4. This license becomes effective when you first access or use the Services and continues until it is terminated in accordance with these Terms.

6.5. Under this license, the User may use the provided functionalities of the Games, namely store, download, install, execute and display the latest version of the applicable Game client on devices, whether desktop, laptop, mobile, or gaming consoles, play the Games, create and delete an Account.

6.6. You acquire no ownership, title or proprietary interest in the Services, the Game client, your Account, in-game content, virtual currency, virtual items or any other Content made available through the Services.

6.7. You can use the Games worldwide unless the Company specifies otherwise. The Company may restrict the availability of the Services or Content in particular countries or regions, which will be communicated through the means at the Company’s discretion.

6.8. We do not guarantee that any particular Content, feature or functionality will remain available for any specific period unless expressly stated otherwise.

6.9. Some Content may only be accessible online and require using keys, codes, or other online authentication of any kind and/or in-game achievements in order to be available for the User.

7. LICENSE LIMITATIONS

7.1. The license granted under these Terms applies solely to the Game client and other software intentionally made available by the Company for download or access.

7.2. The Company may implement technological measures designed to protect the Services and enforce these Terms, including authentication systems, Digital Rights Management (DRM), anti-cheat solutions, fraud prevention systems and similar protective mechanisms. By using the Services, you acknowledge and agree to the use of such technical measures and agree not to interfere with, disable or circumvent them.

7.3. The license provided to you under the Terms comes with specific limitations. If you violate these limitations, we reserve the right to terminate your license. You agree that you WILL NOT, under any circumstances, do (or attempt to do, or assist in doing) any of the following:

• intellectual property: infringe the Company’s intellectual property rights or use any part of the Services for anything other than its intended purpose; copy, reproduce, publish, distribute or commercially exploit, reproduce, modify, adapt, sublicense, publicly display the Services or any Content, remove or alter copyright, trademark or other legal notices;

• no transfer: sell, lend, rent, sublicense, publish, share, or otherwise transfer the Game (or its copy), or any part of it to any third party;

• no derivative works or reverse engineering: modify, translate, reverse engineer, decompile, disassemble or create derivative works of the Services or any part thereof;

• no harmful use: modify server code, exploit flaws or bugs in the Game, use automation software, or unauthorized third-party software, damage or disable servers, distribute viruses or compromise the security of the Services;

• no circumventing: engage in actions that conflict with the spirit or intended use of the Games, including attempting to circumvent or manipulate the Games, its mechanics, or the rules outlined in the Terms, bypass technical protection measures such as DRM technologies, anti-cheat processes, security and authentication measures, or any other technical protection measures used by the Company;

• no commercial use: use the Services or parts of it for any commercial purpose, including, but not limited to facilitating commercial advertising or commercial offers, selling or licensing access, or transferring Content by means other than explicitly provided by the Games or other Company’s Services;

• no rendering of services: provide in-game services, like leveling or item collection, to other users for a fee or any other form of compensation;

• no transmitting unauthorized information: share unauthorized information, spam, or promote malware;

• no unauthorized connections: use or create unauthorized connections to the Game, like connecting to unauthorized servers or using any other unauthorized software designed to modify or interfere with the Services;

• no data mining: collect Game data not intended for display during normal exploitation of such Game or use automated means to obtain information from the Services other than through functionality intentionally provided by the Company;

• Terms limitations: use the Game in a way that goes against these Terms.

7.4.User may not assign or transfer any of their rights or obligations under these Terms to any third party without the Company's prior written consent.

8. USER-GENERATED CONTENT

8.1. User Generated Content (“UGC”) means any content that you publish, upload or make available via our Services. UGC includes but is not limited to usernames, nicknames and profile information, profile pictures and avatars, forum posts, chat posts, voice chat, gameplay, artworks, screenshots, music, sounds, recordings.

8.2. If a User submits UGC, the Company obtains a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use such UGC for the purpose of the operation, distribution, incorporation into, and promotion of our Services for the entire duration of the intellectual property rights, from the moment the UGC is published, uploaded or made available via our Services.

8.3. Unless expressly agreed otherwise, the Company is under no obligation to identify or credit you as the author or creator of any UGC.

8.4. The Company does not claim ownership of UGC, and nothing in these Terms should limit a User's rights to use or exploit the UGC.

8.5. By submitting UGC, You represent and warrant that:

• you own or otherwise have all rights necessary to submit your UGC;

• your UGC does not infringe the intellectual property, privacy, publicity or other rights of any third party;

• your UGC complies with these Terms and applicable law.

8.6. You remain solely responsible for your UGC and for the consequences of creating, publishing or sharing it. The Company does not verify the accuracy, originality or ownership of any UGC and does not endorse or guarantee any UGC made available through the Services.

8.7. You agree to indemnify and hold the Company harmless from any liability or damages arising out of or relating to your UGC.

8.8. The Company reserves the right, at its sole discretion, to request the removal of any UGC at any time.

9. IN-GAME CONTENT

9.1. Company's Games typically come at no cost unless otherwise indicated by Company or its distribution partners. Regardless of how the Games are distributed (paid, free, or otherwise), the Company may offer the option to acquire additional in-game data to expand your gaming experience. These in-game data include, without limitation, virtual currency, downloadable expansions, characters, digital in-game items (vehicles, weaponry, gear, etc.), along with skins, consumable goods, and other features affecting gameplay and enjoyment ("In-Game Content").

9.2. We may offer you virtual currency that may be used solely in the Game (“Virtual Currency”). Virtual Currency may be acquired by earning it in the Game through progressing in the Game or accomplishing certain achievements. Virtual Currency may also be purchased for a fee through the Game store, or be exchanged for In-Game Content. Virtual Currency and other In-Game Content do not have monetary value outside of the Game. Unless expressly authorized by the Company, In-Game Content may not be transferred, sold, or exchanged outside the Services or redeemed for other content and services.

9.3. When you earn or pay the fee to obtain such Virtual Currency or In-Game Content, you are obtaining or purchasing from the Company the right to use such Virtual Currency or In-Game Content in the form of a license. Virtual Currency and other In-Game Content constitute an integral part of the Game and Services, and the license covers its use to the same extent as the Game, including all applicable limitations. The use of your Account balance to purchase Virtual Currency or In-Game Content is subject to these Terms.

9.4. You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Virtual Currency or In-Game Content except within the Services and as expressly permitted by the Company.

9.5. Except as otherwise prohibited by applicable law or these Terms, the Company reserves and retains all rights, title, and interest, property or otherwise, in and to the Virtual Currency and In-Game Content. The Virtual Currency and In-Game Content rights will terminate upon termination and as otherwise provided herein.

9.6. The Game may include loot boxes, gacha systems or other mechanics that award randomized in-game rewards. Randomized rewards may be obtained through gameplay, in-game currency or other methods made available within the Services. By using these features, you acknowledge and agree that the outcome is determined by chance, and you are not guaranteed to receive any particular item on any given attempt, and you may receive duplicate rewards. Where required by applicable law or applicable platform policies, the probability of obtaining particular items or categories of items will be disclosed within the Services or on the Company's official website. The Company may modify reward pools, probabilities or available items from time to time. Rewards obtained via these randomized features have no monetary value and for use in the Game only.

9.7. The Company may, at any time, add, remove, modify, or replace any Virtual Currency or In-Game Content, including its functionality, availability, attributes, rarity, appearance, pricing or method of acquisition.

9.8. In-Game Content purchased on one platform may not be available on another platform where restricted by technical, contractual or platform requirements.

10. PAYMENTS

10.1. Any transactions involving In-Game Content/Currency, or Accounts outside of the Company's official facilities constitute a violation of the Terms and will result in the irrevocable loss of the relevant items/In-Game Currency and possible Account suspension without any compensation.

10.2. User agrees to pay all fees (which may include applicable taxes) incurred by User or any person using the User’s Account. The price of any product, service, or entitlement purchased through the Services is the price specified at the time of purchase.

10.3. The Company may revise the pricing for any product or service offered through the Services at any time.

10.4. Purchases may be processed through third-party services, such as application stores or digital distribution platforms. Your use of such third-party services is subject to the respective terms and conditions of those systems. If a User has any questions regarding payments, billing, or refunds, they should contact the relevant store or payment platform directly.

10.5. When making online purchases through the Services, a User must provide accurate and complete information and use non-fraudulent payment methods. If the User provides false, inaccurate, or incomplete personal or financial information, or if the Company reasonably suspects such information is false, inaccurate, or incomplete, it reserves the right to cancel the financial transaction and report the incident to relevant authorities.

10.6. The Company reserves the right to reject an offer to order paid In-Game Content or Services.

10.7. The Company may investigate transactions where it reasonably suspects payment fraud, unauthorized use of payment methods, chargeback abuse and other similar activities and may remove improperly obtained In-Game Content.

10.8.We reserve the right to withdraw In-Game Currencies/purchases if they were provided due to a technical error.

10.9.All purchases made through the Services (for example, through our website, launcher or web shop) are non-refundable. The User assumes full responsibility for ensuring that their phone, computer, or other device is compatible with the products, applications, or Services purchased, downloaded, or obtained through the Services.

10.10.In-Game Content and other digital items are supplied immediately. By purchasing, you expressly consent that supply of the purchased digital content begins immediately and acknowledge that you thereby lose your statutory right of withdrawal once supply has begun, except for items supplied for a certain period of time.

10.11.Certain Services may be offered on a recurring subscription basis ("Subscription"). Subscription pricing, billing frequency, renewal terms and cancellation procedures will be presented before you complete the payment. Subscriptions automatically renew unless cancelled before the next billing date. You may cancel a Subscription at any time. Cancellation takes effect at the end of the current billing period unless applicable law or the relevant platform provides otherwise. The Company reserves the right to terminate the User’s Subscription at any time to the extent allowed by the applicable law.

THE COMPANY DOES NOT ISSUE REFUNDS IN CASE OF INCLUDING, BUT NOT LIMITED TO, ACCOUNT DELETION OR EXPIRATION, LICENSE CANCELLATION, OR ANY TERMINATION OF THE TERMS FOR WHATEVER REASON.

11. PROHIBITED USE

11.1. You must use the Services in accordance with these Terms and applicable laws.

11.2. When using the Services, including any in-game or out-of-game communication features, such as text or voice chat, forums, comments, user profiles, usernames, UGC, social features, or other community spaces, you must not create, upload, publish, or otherwise make available any information or content that:

• is unlawful or promotes unlawful activity;

• is defamatory, abusive, offensive, insulting, threatening or intimidating;

• contains hate speech or promotes discrimination or violence based on race, ethnicity, nationality, religion, disability, sex, gender, or any other characteristic;

• promotes terrorism, violent extremism, criminal activity;

• contains nudity or sexually explicit material;

• infringes the intellectual property, privacy or other rights of any third party;

• is false, fraudulent or misleading;

• is of an advertising or promotional nature;

• constitutes spam, phishing, scams or other deceptive practices;

• promotes drugs, alcohol, or other unlawful activities;

• contains malicious code, viruses, malware or other harmful software;

• inflicts or intends to inflict to harm the Services or other users;

• contains links to internet resources, except for the Company’s official resources or fan resources approved by the Company;

• otherwise violates these Terms, or mandatory provisions of laws applicable in your location.

11.3. When using the Services, you must not:

• intentionally provoke, troll or repeatedly disrupt the gameplay experience of other users;

• engage in unsportsmanlike conduct or behavior that undermines fair play;

• encourage or assist another user to violate these Terms;

• use, create, distribute or promote cheats, hacks, exploits, bots, macros, scripts, automation software or similar tools;

• exploit bugs, glitches or unintended game mechanics;

• introduce malware, spyware, ransomware, viruses or otherwise compromise the security or availability of the Services;

• bypass or interfere with anti-cheat, DRM or security measures;

• access or attempt to access Accounts, servers, systems or data without authorization, or engage in fraudulent, deceptive or other unauthorized activities;

• misuse Support Service by submitting irrelevant or baseless complaints or insulting others, whether individuals, groups, or companies;

• sell, purchase, trade, exchange, rent, lease, transfer or otherwise deal in Accounts, Virtual Currency or In-Game Content;

• use our Games in ways not provided for by these Terms, game rules, or other Company’s policies, or outside the bounds of normal gameplay.

12. ENFORCEMENT

12.1. If the Company reasonably believes that you have violated these Terms, any other Company policy, or applicable law, the Company may apply temporary or permanent preventive measures, including issuing a warning; removing content; restricting chat or community features; removing virtual currency or virtual items obtained in violation of these Terms; changing or removing usernames or nicknames; temporarily suspending access to the Services; permanently terminating your Account; restricting access to specific features or Games; taking any other reasonable measure necessary to protect the Services, other users or the Company.

12.2. Where reasonably necessary to protect the Services, other users, or to comply with applicable law, enforcement measures may be imposed immediately and without prior notice.

12.3. Stricter penalties, including permanent Account suspension, may be applied in the case of repeated or severe violations.

12.4. Unless otherwise required by applicable law, suspension or termination of your Account due to a violation of these Terms does not entitle you to any refund, compensation, restoration of game progress, virtual currency, virtual items or any other benefit.

12.5. The User who were previously banned for violating the Terms may not use the Services.

12.6. If your actions, while not explicitly violating these rules, lead to significant complaints from other players or harm the interests of third parties or the Company, the Administration reserves the right to restrict your access to the Games or delete your Account.

12.7. You may contact Support Service to request a review of an enforcement action. The Company will review your request and may, at its discretion, reconsider the enforcement action.

13. LIMITATION OF LIABILITY AND INDEMNITY

13.1. The Services are continuously developed. Accordingly, the Company does not guarantee that the Services, In-Game Content, your progress in Games or other functionality will remain available at all times or without interruption. We reserve the right to modify, suspend, or discontinue any part of the Services at any time without prior notice.

13.2. To provide the highest level of Services, we periodically need to patch, update, and modify our Games. These updates may be mandatory and/or automatic. As a result, older versions of the Games may not launch or function appropriately until you update to the latest version. You acknowledge and agree that refusal to update the Games may render its continued use impossible. In such cases, these Terms shall be considered suspended until the Games is updated.

13.3. Where the Services support cross-platform functionality, the Company does not guarantee the availability or proper operation of cross-platform functionality on all devices and platforms. We reserve the right to suspend, modify, or discontinue cross-platform availability, in whole or in part, at any time without prior notice and without any liability to the User.

13.4. The Services are used at the User’s own risk, and the User agrees that they are solely responsible for any damage to their device, loss of data, or any other harm resulting from such activities.

13.5. Our Services are provided on an «as is» and «as available» basis. We make no representations or warranties, express or implied, regarding the accuracy, completeness, reliability, quality, or uninterrupted availability of the Games.

13.6. To the maximum extent permitted by applicable law, the Company and its affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to your use of, or inability to use, the Services, the statements or actions of any third party on or through the Services, any unauthorized access to or alteration of your transmission or data, any failure to store data, any loss of data, loss or damage to files, content, and/or any Services available. This limitation shall not apply to liability for a death or a personal injury to the extent the applicable law prohibits such limitation.

13.7. You agree to indemnify, defend, and hold the Company harmless from and against any and all claims, demands, damages, liabilities, losses, and expenses arising directly or indirectly from the User's conduct or violation of the Terms.

14. TERMINATION

14.1. The Company may, at its sole discretion and without limiting any other rights, suspend or terminate your access to the Services, with or without prior notice, in the event of a breach of these Terms or for any other reason.

14.2. You may terminate these Terms at any time by deleting Games from your Device and deleting your Account. Termination does not affect any rights or obligations that have accrued to either party prior to termination.

14.3. Except as required by applicable law, all payments and fees made by you are non-refundable under any circumstances, including after termination of these Terms.

14.4. Please note that in case of Account deletion, all data will be deleted except for data that the Company is required to retain under applicable law.

14.5. Any provisions of these Terms which by their nature are intended to survive termination shall remain in effect after termination, including, without limitation, provisions relating to intellectual property, licenses, payments, disclaimers, limitation of liability, indemnification, dispute resolution and governing law.

15. GOVERNING LAW AND DISPUTE RESOLUTION

Most disputes may be resolved amicably by contacting our Support Service. Where a dispute cannot be resolved easily, this section explains how disputes between you and Epic shall be addressed by a third-party dispute resolution body.

15.1. These Terms and any claim, dispute or controversy arising out of or in connection with them are governed by the laws of England and Wales, without regard to the conflict of laws provisions. However, nothing in these Terms deprives you from exercising applicable mandatory provisions of laws of the jurisdiction of your location.

15.2. IF YOU RESIDE IN THE UNITED STATES: Any claim, dispute or controversy arising out of or in connection with them shall be governed by the laws of California, USA, without regard to the conflict of laws provisions.

You and the Company agree that any claim, dispute or controversy arising out of, or relating to, these Terms, or the breach thereof, shall be resolved through final and binding arbitration to be administrated by National Arbitration and Mediation (“NAM”), and governed by NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time such claim is filed. Any award is final and binding and may be entered as a judgement in any court having jurisdiction. You and the Company agree that whether a dispute is subject to arbitration under these Terms will be determined by the arbitrator rather than a court. The arbitration will be conducted by a single arbitrator. You and the Company both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms. Any award of the Arbitrator is final and binding and may be entered as a judgment in any court having jurisdiction.

Notwithstanding any provision to the contrary, if the Company make any future change to this arbitration agreement (other than non-material changes), you may reject any such change by sending an email to legal@lostinextraction.com within 30 calendar days of the posting of the amended arbitration agreement (“Opt-Out Notice”). Your Opt-Out Notice shall contain your full legal name, your complete mailing and email address and phone number, and, where applicable, your username or email associated with your Account. that provides: (i) your full legal name, as well as a clear statement that you wish to opt out of this arbitration agreement with your signature. This is not an opt out of arbitration altogether.

This Arbitration Agreement shall survive termination of the Terms. Except as provided in the opt-out provisions set forth above, the terms and conditions of this arbitration agreement shall supersede and replace any and all previous arbitration and class action/jury waiver agreements you may have entered into with the Company.

15.3. IF YOU RESIDE IN ANOTHER COUNTRY: For any claim or dispute that is not covered by the arbitration arrangements above, any claim, dispute or controversy arising out of or in connection with these Terms shall be brought before a competent court in the jurisdiction where you reside.

15.4.To the fullest extent permitted by applicable law, you and the Company agree that each party is waiving the right to bring, join, or participate in any capacity in any class, collective, consolidated, private attorney general, or representative proceeding. If the laws of your jurisdiction do not permit class action waiver, this provision does not apply to you.

16. MISCELLANEOUS

16.1. Certain Games may be distributed through or integrated with third-party platforms (for example, the Apple App Store). Your access to and use of such platforms are subject to the applicable terms, conditions and policies of those third parties. You are solely responsible for complying with those terms.

16.2. The Company may amend these Terms from time to time. If changes are material, the Company will use reasonable efforts to notify the User in advance, including by posting the updated Terms on the Company's website, through the Services, or by other reasonable means. Where required by applicable law, the Company may require you to expressly accept the updated Terms before continuing to use the Services. If you do not agree to the revised Terms, you must stop using the Services. Your continued use of the Services after the revised Terms become effective constitutes your acceptance of the updated Terms.

16.3. The Company may assign or transfer any of its rights or obligations under these Terms in connection with a corporate reorganization, merger, acquisition, sale of assets or business, or by operation of law

16.4. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.

16.5. The Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, strikes, power outages, internet service interruptions, or government regulations.

16.6. Except as expressly provided in these Terms, these Terms are intended solely for you and the Company and do not create any rights in favor of any third party.

17. CONTACTS

If you have any questions regarding these Terms or the Services, you may contact the Company using the following details:

SP Interactive L.L.C.-FZ

Address: Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E.

Email: support@spistudios.com