Terms of Service (“TOS”)

Effective Date: January 31, 2025.

Welcome.

These terms of service (“TOS”) apply to you and Dark Matter Limited, address Keilaranta 7, 02150 Espoo, Finland, (“DM”) regarding your use of DM’s games, websites, discussion forums, and related services (“Services”). Use of the Services is also governed by DM’s Privacy Notice (available at https://www.darkmatterplay.com/privacy/english) and other relevant policies, which are incorporated by reference.

For residents of the United States and Canada, these TOS contain a binding arbitration clause in Section “Binding Arbitration / Class Action Waiver” and a class-action waiver that affects your rights about how to resolve disputes. If you live in the United States or Canada, please read it carefully. Except where you opt out, and except for certain types of disputes described in Section “Binding Arbitration / Class Waiver”, you and DM agree that any disputes arising out of or relating to these TOS or DM’s Privacy Notice (including their interpretation, formation, performance and breach), our relationship with each other, or your use of the Services, including for any ripe or accrued claims for which a Notice of Dispute has not yet been received, will be resolved by binding, individual arbitration as described further in Section “Binding Arbitration / Class Action Waiver”, and you waive your right to participate in any class-action lawsuit or class or representative arbitration.

As a precondition for using the Services, you must agree to these TOS. If you accept these TOS, you represent that you are of the age of majority in your country of residence. If you are under the age of majority or otherwise do not have the authority to enter into agreements such as these TOS, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS.

By using or otherwise accessing the Services, you agree to these TOS. If you do not agree to these TOS, you may not use or otherwise access the Services, and must cease any such use immediately.

Unless otherwise specified, the Services do not require you to pay money to use or download but may contain features that may allow you to make purchases within the Services. You may be required to have an internet connection to access or use the Services. You are responsible for any internet connectivity or mobile charges you may incur by accessing or using the Services.

If you access the Services from a third-party platform such as Facebook or another social networking site, you agree to comply with the platform’s terms of service as well as these TOS.

DM may issue additional terms or policies related to individual Services or specific components of the Services (including, but not limited to, forums, contests, sweepstakes, or loyalty programs). Your right to use the Services is subject to such relevant terms and policies as well as these TOS.

1. Right to Use the Services

Subject to these TOS, DM hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.

Except as set forth above, you do not receive any other license. DM retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialogue, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, in each case whether registered or not and all applications thereof. Unless expressly authorized by applicable law, the Services may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without DM’s prior written consent. DM reserves all rights not expressly granted to you herein.

The Services and their content are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Services, including, but not limited to, the Virtual Items appearing in or originating from the Services, whether earned in the Services or purchased from DM or its authorized partners.

2. Purchases in the Services

DM may license to you certain virtual goods or other content (e.g. in-game items or currency) which may be used within the Services and which you may purchase with “real world” money or earn or redeem through gameplay (“Virtual Items“). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis solely for non-commercial use.

Unless expressly authorized in the Services, you may only purchase Virtual Items from DM or its authorized partner and the transfer or sale of Virtual Items is prohibited.

Virtual Items do not have an equivalent value in real world money and are not a substitute for real world money. Neither DM nor any other person or entity has any obligation to exchange Virtual Items for anything of value. DM is not liable for hacking or loss of your Virtual Items.

Price and availability of Virtual Items are subject to change without notice.

All purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that Virtual Items are provided to you immediately upon purchase and that you forfeit any right to cancel or withdraw from the purchase once the process has commenced. Accordingly, you agree that DM is not required to provide a refund for Virtual Items for any reason. You further acknowledge that you will not receive money or other compensation for unused Virtual Items, regardless of whether your loss of license under these TOS was voluntary or involuntary. The foregoing does not affect your rights under applicable law, including those you may have based on the legal guarantee of conformity described in Section “Disclaimer”.

If you ask for your personal data to be deleted as described in DM’s Privacy Notice, you will permanently forfeit all of your Virtual Items without the right to refund, as DM will no longer be able associate such Virtual Items with you.

3. Right of Withdrawal

If you are a consumer based in the European Union or a member country of the European Economic Area (“EEA”), this Section applies to you.

You may have the right to withdraw from these TOS within 14 days from the day you agreed to them. You may also have the right to withdraw from the purchase of a license to a Virtual Item or a Service within 14 days from purchase. You are not required to give a reason for exercising the right of withdrawal. However, you are not entitled to withdraw from a purchase if you have consented to the Virtual Item or Service being fully provided to you during the withdrawal period and acknowledged that you thereby forfeit your right of withdrawal.

To withdraw from these TOS, you must inform DM of your decision to withdraw and discontinue your use of the Services. To withdraw from the purchase of a license to a Virtual Item or a Service, you must inform the merchant of record, which may be either DM or its authorized partner through whom you made the purchase. Please note that DM is neither able nor required to fulfill your request to withdraw from a purchase where DM is not the merchant of record.

To inform DM of your decision to withdraw, you must send an equivocal statement of your decision by email to support@darkmatterplay.com. To meet the deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the expiry of the withdrawal period.

If you withdraw from the purchase of a license to a Virtual Item or a Service, you are entitled to be reimbursed for the purchase without undue delay and in any event not later than 14 days from the day on which you informed the merchant of record of your decision to withdraw from the purchase. The reimbursement will be carried out using the same means of payment as you used for the initial payment, unless you have agreed otherwise. You will not incur any fees as a result of such reimbursement.

4. Code of Conduct

You agree that you will not, under any circumstances:

● Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Services.
● Use the Services in violation of any applicable law or regulation.
● Use the Services for commercial purposes, including, but not limited to, to advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.
● Use the Services for fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services.
● Disrupt, interfere with, or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users’ experience when using the Services.
● Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.
● Attempt to gain unauthorized access to the Services, to accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by DM, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Services.
● Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is harmful, abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.
● Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.
● Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including DM employees, directors, officers, and customer service representatives.
● Make available through the Services any material or information that violates any applicable law or regulation or infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, a DM employee, director or officer.
● Unless specifically authorized by applicable law, attempt to decompile, reverse engineer, disassemble, or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by DM, or to obtain any information from the Services using any method not expressly permitted by DM.
● Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services.
● Engage in or facilitate the trading, exchange, or other transfer of Accounts or Login Information (as defined in Section “Accounts and Login Information”) or Virtual Items, either for money or anything else of value or otherwise, outside the Services or in any other manner not explicitly provided or authorized by DM.
● Harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.
● Post anyone’s private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Services.
● Engage in any act that DM deems to conflict with the spirit or intent of the Services or make improper use of DM’s support services.

5. Accounts and Login Information

Certain elements of the Services may enable you to create an account or otherwise register with the Services (“Account”). You may be required to select a password for your Account or you may also use other credentials to access the Account (“Login Information“).

You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of your Login Information. DM is entitled to assume that any use of your Login Information or Account is made by you, and you are responsible for any actions (including, but not limited to, any purchases) taken using your Account or Login Information. You agree to compensate DM for any losses or harm that result from your failure to keep your Login Information confidential.

You agree that you have no ownership or property interest in or to any Account. DM reserves the right to delete your Account if DM observes no activity by you in relation to the Account for 180 days or more. In such event, you may no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you.

6. User Contributions

The Services may allow you to create and/or submit content, including, but not limited to, gameplay maps, game profiles, fan art, characters, items, screenshots or videos of your gameplay (collectively “User Contributions”).

In exchange for use of the Services, you hereby grant DM a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind. Where not expressly prohibited by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to DM’s (including its licensees, successors, and assigns) and other players’ use and enjoyment of your User Contributions in connection with the Services and related goods and services. The foregoing grant of license to DM and waiver of any applicable moral rights survives any termination of these TOS.

DM and its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Content”). Please do not submit any Unsolicited Content to DM or its directors, officers, or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of any statement to the contrary in the Unsolicited Content, any accompanying message, or elsewhere. You further agree that such Unsolicited Content may be used and exploited by DM without compensation to you or any third party and you grant DM a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.

7. User Interactions

DM assumes no responsibility for the conduct of other users of the Services or for monitoring the Services for inappropriate content or conduct. DM does not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk.

By using the Services, you may be exposed to content or conduct that is offensive, indecent, or otherwise not in line with your values. DM may utilize technology to monitor and/or record your interactions with the Services or communications within the Services (including, but not limited to, chat text or voice communications). You irrevocably consent to such monitoring and recording and agree that you have no expectation of privacy concerning the transmission of any content within the Services, including, but not limited to, chat text or voice communications. You understand that your User Contributions, communications within the Services, and/or your interactions with the Services may be displayed to or viewable by other users of the Services or the general public.

DM reserves the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any content made available by users of the Service without notice. DM may choose to take such action to prevent hacking or cheating, to ensure compliance with and to enforce these TOS, to improve the Services, or for any other reason or for no reason. In doing so, DM may employ automated technologies or systems, including, but not limited to, machine learning or artificial intelligence-based solutions, for example to detect and prevent the submission or distribution of words, images, or other content that violate these TOS or applicable law. If at any time DM chooses, at its sole discretion, to monitor the Services, DM nonetheless assumes no responsibility for content made available by users of the Services, and DM assumes no obligation to modify or remove any inappropriate content, except as may be required by applicable law.

The Services may allow you to control interactions with other users, for example by opting in to or out of social features, “muting” or “blocking” other users, or reporting the content or conduct of other users. Such settings and tools may vary across the Services. For example, reporting functionality may be made available either in-game or via a website.

You acknowledge that DM is not a party to any dispute you may have with any other user(s) of the Services. DM has no obligation to become involved in any such dispute. You release DM and its subsidiaries (and DM’s and its subsidiaries’ officers, directors, agents, joint ventures, shareholders and employees) from all claims, demands, and damages related to any such dispute.

8. Binding Arbitration / Class Action Waiver

This Section applies to you if you reside in or use the Services in the United States or Canada.

Binding Arbitration: You and DM (each a “party” for purposes of this Section, and collectively “the parties”) agree that all claims arising out of or relating to these TOS or DM’s Privacy Notice (including their interpretation, formation, performance and breach), our relationship with each other, or your use of the Services shall be finally settled solely by binding arbitration unless the claim is within the exceptions described below. THIS AGREEMENT MEANS THAT YOU AND DM AGREE TO NOT HAVE SUCH CLAIMS RESOLVED IN A TRIAL BY A JUDGE OR JURY. This agreement applies to all kinds of claims, including legal, equitable, or statutory claims, under any legal theory, including for any ripe or accrued claims for which a Notice of Dispute has not yet been received. This agreement also applies even after you stop using the Services. If you or DM brings a claim in court that is subject to arbitration under this section, either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator (or preliminarily, the arbitration provider), and not a court, shall have the exclusive authority to decide whether any portion of this section is valid or enforceable, or whether it applies to a claim.

Initial Dispute Resolution: Before you commence arbitration of a claim against DM, you must provide DM with a written Notice of Dispute that includes your name, residence address, username, email address, phone number, a detailed description of the dispute, including the specific facts and evidence supporting your claims, proof of agreement between you and DM (e.g. the username(s) or identifier(s) you use to access or use the Services and/or other proof of having an account within the Services), and the relief you seek, including how you calculated your damages. Any Notice of Dispute you send to DM should be emailed to privacy@darkmatterplay.com with the subject line “Notice of Dispute.” Before DM commences arbitration of a claim against you, it will send you a Notice of Dispute by email or mail, or other appropriate means only if it cannot identify your email or mail, including a detailed description of the dispute, including the specific facts and evidence supporting our claims, proof of agreement between DM and you, and the relief we seek, including how we calculated our damages. The statute of limitations is tolled from the date of the submission of a compliant Notice of Dispute, which shall ultimately be determined by the arbitrator (or preliminarily by the arbitration provider, if applicable). During the first sixty (60) days after the Notice of Dispute is received (the “Initial Dispute Resolution Period”), the party receiving the Notice of Dispute may require the party sending the Notice of Dispute to participate in an individual meet-and-confer to discuss the dispute. Each side may have counsel attend, if desired. If the receiving party requires a meet-and-confer, the parties shall work in good faith to schedule the meet-and-confer to take place during the Initial Dispute Resolution Period. If we are unable to resolve a dispute within the Initial Dispute Resolution Period, you or DM may commence arbitration. A Notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you or DM later to initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph. If either of us commences an arbitration without having previously provided a valid and compliant Notice of Dispute, you and DM agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) may not administer the arbitration or pre-arbitration process, and must suspend the arbitration or any pre-arbitration process, until the party that initiated it complies with the Initial Dispute Resolution process. Thus, to start an arbitration, you and DM must also attach a compliant Notice of Dispute to your or DM’s submission to the arbitration provider. You and DM authorise the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with the Initial Dispute Resolution requirement, relying solely on the terms of these TOS and the Notice of Dispute (if any) that you or DM provided before commencing arbitration.

Arbitration Process: An arbitration proceeding shall be held before a neutral arbitrator and not a judge or a jury, so you and DM agree to give up the right to a trial before a judge or jury. An arbitration proceeding has different rules than a lawsuit in a court. For example, arbitration is less formal and usually provides for more limited information sharing between the parties in the process called discovery. After the arbitrator decides the outcome, that decision will be final and you or DM will generally not be able to change the outcome in a court.

This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the interpretation, applicability, enforceability, and formation of this Agreement notwithstanding any other choice of law provision contained in these TOS. No other state or local arbitration act shall apply, but only the FAA. For any questions that must be answered by state law, rather than the FAA, New York law applies.

You and DM agree that the arbitration will be administered by JAMS in accordance with the provisions of its Streamlined Arbitration Rules (“JAMS Rules”), as appropriate, excluding any rules or procedures governing or permitting class actions. But if there is a conflict between these TOS and the JAMS Rules, then we will follow these TOS. The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Rules, but shall not incorporate the JAMS Class Action Procedures. The parties understand that, in some instances, the costs of arbitration could exceed the costs of litigation. Each party will pay its own attorneys’ fees and costs unless the claims allow for the prevailing party to recover attorneys’ fees and costs under the relevant state or federal law, or if the claims are determined to have been frivolous or filed for an improper purpose, in which case the arbitrator may award them under the applicable law. At any time, the arbitrator or arbitration provider may hear a motion that claims were filed frivolously or for an improper purpose, and if the arbitrator or arbitration provider agrees, terminate the proceeding and/or sanction the party that brought the claim frivolously or for an improper purpose by awarding the prevailing party its attorney’s fees and costs. Such sanctions, including the award of attorney’s fees and costs, may also be imposed on a party’s counsel, if the arbitration provider or arbitrator determines that the party’s counsel was partly or fully responsible for the frivolous or improper conduct. Each submission to the arbitrator or arbitration provider by a represented party is subject to the certifications of Federal Rule of Civil Procedure 11.

If either party unsuccessfully challenges the validity of the arbitrator’s decision or award through a subsequent court case, the unsuccessful party shall pay the opposing party’s costs and attorney’s fees associated with the challenge. If JAMS is not available to resolve the arbitration, the arbitration will be administered by AAA using its Consumer Arbitration Rules. In the case of Mass Arbitration, defined below, the Mass Arbitration will be governed according to the terms set forth under the heading “Mass Arbitration.”

Location: The arbitration will take place in New York County, New York or in the county or province where you reside. You and DM agree to submit to the personal jurisdiction of any federal or state court in New York County, New York, in connection with any motion to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

Class Action Waiver: The parties further agree that any arbitration or court proceeding shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. As a result:

• YOU CANNOT BRING A CLAIM AGAINST DM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE ACTION. This waiver shall not be construed to prevent application of the Mass Arbitration rules as prescribed in the “Mass Arbitration” section below. The arbitration provider or arbitrator may not consolidate your claims with any other person’s claims unless DM agrees that the claims may be consolidated. Consolidation shall not prevent the arbitration provider or arbitrator from considering individualized evidence or awarding individualized relief as any individual claimant’s circumstances may warrant. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason as to a claim, or that an arbitration can proceed on a class or representative basis as to a claim, then this Section “Binding Arbitration / Class Action Waiver” shall be deemed null and void in its entirety as to that claim, notwithstanding any non-severability clause to the contrary, and the parties shall be deemed to have not agreed to arbitrate disputes concerning that claim, but to the maximum extent allowed by law, shall still be required to bring their claims in court on an individual, and not a class or representative basis, and shall be required to submit their claims to a judge, rather than a jury. Any other claims still shall be subject arbitration pursuant to this Section “Binding Arbitration / Class Action Waiver.”

Exceptions to Agreement to Arbitrate: We agree that we each will still have the right to go to court to resolve the following claims:

• Claims about intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents).

• Claims related to piracy, tortious interference, or a violation of the United States Computer Fraud and Abuse Act, or any similar state-law statute, or Section “Code of Conduct” of these TOS.

• Claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitrate.

• Claims that you or we would be allowed to file small claims court.

Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction subject to the venue requirements described in Section “Governing Law.”

Mass Arbitration: If 20 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and DM agree that this will constitute a “Mass Arbitration”. If a Mass Arbitration is commenced, you and DM agree that it will be administered by the JAMS Mass Arbitration Procedures and Guidelines (the “JAMS Mass Arbitration Rules”), as modified herein, and under the rules set forth in these TOS. If there is a conflict between these TOS and the JAMS Mass Arbitration Rules, then the parties will follow these TOS. The JAMS Mass Arbitration Rules are available at http://www.jamsadr.com or by calling 1-800-352-5267. You and DM agree that all demands part of the same Mass Arbitration will be consolidated into a single group and that a single arbitrator, chosen according to applicable JAMS rules, with fees assessed to each side according to the JAMS Mass Arbitration Procedures Fee Schedule, will decide (i) any dispositive motions, (ii) all common issues of fact or law, and (iii) any common damages issues. If any claims or issues are unresolved after adjudication by the single arbitrator, the parties shall engage in mediation, the fees for which shall be equally born by both sides, to attempt in good faith to settle the remaining demands. If settlement is not reached, the remaining demands shall be batched together in groups of 100, or groups of 10 if the total number of demands is less than 200, and each group shall be resolved by a single arbitrator chosen according to applicable JAMS Mass Arbitration Rules. During the batching phase, you and DM agree that any procedures not provided for by this Agreement and the JAMS Mass Arbitration Rules will be decided according to JAMS Streamlined Arbitration Rules & Procedures, which are available at http://www.jamsadr.com or by calling 1-800-352-5267. If, for any reason, JAMS is either not available or refuses to resolve the Mass Arbitration, the Mass Arbitration will be administered by FedArb using its Framework for Mass Arbitration Proceedings ADR-MDL.

If any court or arbitrator determines that this Mass Arbitration clause is void or unenforceable for any reason as to a claim, then this Section shall be deemed null and void in its entirety as to that claim, notwithstanding any non-severability clause to the contrary, and the parties shall be deemed to have not agreed to arbitrate disputes concerning that claim, but to the maximum extent allowed by law, shall still be required to bring their claims in court on an individual, and not a class or representative basis, and shall be required to submit their claims to a judge, rather than a jury. Any other claims still shall be subject arbitration pursuant to this Section.

30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section by sending written notice of your decision to opt-out to the following address: Dark Matter Limited, Attn.: Legal Department, Keilaranta 7, 02150 Espoo, Finland. The notice must include the following information:

• Your full name.

• Your address.

• The date that you first accessed or used the Services.

• All usernames or identifiers you use to access or use the Services, if any.

• Your signature.

The notice must be sent within 30 days of the date on which you first access or use the Services and agree to these terms; otherwise, you shall be bound to arbitrate disputes in accordance with this Section. If you opt-out of these arbitration provisions, DM also will not be bound by them.

9. Suspension and Termination for your Breach

Without limiting any other remedies available to DM, if DM believes that you are in breach of these TOS, DM reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend, and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any game progression or benefits and privileges associated with you, such as any level or score you have reached in the Services.

10. Availability, Compatibility, and Changes to the Services

DM does not guarantee that the Services are available at all times or will continue to be available in the future. The Services may be temporarily unavailable due to technical issues or maintenance related reasons, which may occur on a scheduled or unscheduled basis. Furthermore, the Services or parts thereof may be designed to be available only for a limited time (e.g. when content is seasonal or early access is provided to a development version of a game), or their life cycle may be affected by technological developments or changes in consumer behavior. Accordingly, DM reserves the right to stop offering and/or supporting the Services or parts thereof (e.g. a game or a feature of a game) at any time, at which point your license to use the Services or such parts thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, DM does not have to provide refunds for the Services or any Virtual Items. Where appropriate, DM will take reasonable measures to provide advance notice when any Services or parts thereof are discontinued. However, DM may limit, suspend or terminate the Services or parts thereof without notice, and take technical and legal steps to prevent you from accessing the Services, if DM believes you or any other user(s) are causing a risk of legal liability or infringement of third-party intellectual property rights or are not acting in accordance with the letter or spirit of these TOS.

The Services may have limited compatibility across different devices and operating systems. You are responsible for verifying that the Services are compatible with your device and its operating system. Generally, more information regarding compatibility requirements is available at the point of first use or download (e.g. in the relevant app store).

The Services are intended to evolve over time. Accordingly, DM may change, manage, modify, or update the Services or parts thereof (including, but not limited to, Virtual Items) from time to time. This may result in content or features being added, removed, or modified (e.g. gameplay modes or areas being added or removed or Virtual Items having their appearance or power altered). DM may, at its sole discretion, make any such changes as it believes to be necessary to maintain and improve the Services, including, but not limited to, introducing, modifying, or removing game content and features according to DM’s development roadmap, adapting to new technologies, reflecting changes to DM’s agreements with third parties, preventing abuse or technical issues, and addressing any legal, safety, or regulatory requirements. When changes are made to the Services, you may be required to download and install an update to continue using them. If you do not, you may be unable to access or use the Services or parts thereof (e.g. online play and features may only be available to those who are using the latest version of a game).

11. Disclaimer

To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” without warranty, assurances, or guarantees of any kind. The Services may have defects, and your use is solely at your risk. DM does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. DM does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by DM, its employees or other representatives constitute a warranty.

Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer of the Services. Specifically, if you are a consumer based in the EEA, you are provided with a legal guarantee of conformity under which DM may be liable for a lack of conformity that you discover: (i) within two years from any one-time supply of the Services (such as the supply of a Virtual Item); or (ii) at any time during any continuous supply of the Services.

12. Limitations of Liability

In no event will DM be liable for special, incidental, or consequential damages resulting from access, use or malfunction of the Services, including, but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not DM has been advised of the possibility of such damages. In no event will DM’s total aggregate liability arising out of or in connection with these TOS, the Privacy Notice, or the Services exceed the higher of: (i) the actual price (if any) you paid for the license to use Virtual Items or Services; or (ii) one hundred euros (€100). The exclusions and limitations of damages are fundamental elements of the basis of the agreement between DM and you. For purposes of this Section “Limitations of Liability,” DM’s licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these TOS against you.

Some jurisdictions do not allow certain limitations of liability such as those stated in this Section; thus, the above terms may not apply to you. Instead, in such jurisdictions, the limitations of liability in this Section shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer of the Services.

You agree to indemnify, defend and hold DM and its subsidiaries (and DM’s and its subsidiaries’ officers, directors, agents, joint ventures, shareholders and employees) harmless from any claim, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your use of the Services or any breach by you of these TOS; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behavior.

13. Copyright and DMCA

If you believe the Services or any of its content infringes your copyrights, please send a notice to: Dark Matter Limited, Legal Department, Keilaranta 7, 02150 Espoo, Finland or alternatively via email to: privacy@darkmatterplay.com. Notices sent to the specified address will reach DM’s registered DMCA agent.

Please include all of the following in your DMCA notice:

● Identify the copyrighted work that you claim has been infringed. If your DMCA notice covers multiple works, you may provide a representative list of such works.
● Identify what you claim is the infringing material, including a description of where the material is located. Your description must be reasonably sufficient to enable DM to locate the material.
● Provide your full legal name, mailing address, telephone number, and (if available) email address.

Include the following statement in the body of the DMCA notice:

“I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.”

Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that a material or activity is causing infringement, you may be liable for damages, including the costs and attorneys’ fees incurred by DM or its users. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to DM.

14. Third-party Products and Services

The Services may link to or otherwise make available third-party products or services, including, but not limited to, through third-party advertisements, connectivity to social media or community services, or gameplay recording or sharing services. These products and services are subject to the respective third party’s terms and conditions. Please read these third-party terms and conditions carefully as they constitute an agreement between you and the relevant third-party service provider to which DM is not a party. You understand that DM neither endorses nor makes any promises regarding the content, goods or services provided by such third parties. DM is not liable to you for any losses or harm caused by such third parties or any charges you incur in relation to such third parties. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and you understand DM’s Privacy Notice does not apply to such data.

15. Changes to these TOS

Notwithstanding Section “Binding Arbitration / Class Waiver,” DM may update these TOS from time to time in response to changing legal, technical or business developments. When DM updates these TOS, DM will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes made.

By continuing to access or use the Services after updates become effective, you agree to be bound by the updated TOS.

By accessing or using the Services, you also understand that DM may need to update the Section “Binding Arbitration / Class Waiver” from time to time. You and DM agree that those updates will apply to claims, including ripe or accrued claims, for which a Notice of Dispute has not yet been received, to ensure uniformity of the dispute resolution process.

16. Governing Law

If you are a United States resident, in addition to Section “Binding Arbitration / Class Waiver,” these TOS are governed by the laws of the State of New York and applicable federal laws regardless of conflict of law provisions.

If you are a resident outside the United States, you agree that all disputes between you and DM shall be governed by the laws of Finland, regardless of conflict of law provisions. You agree that any claim or dispute you may file against DM must be resolved exclusively by a court located in Espoo, Finland. If you are a consumer based in the EEA, you may also make use of the Online Dispute Resolution platform offered by the European Commission as an out-of-court alternative to resolve disputes. Please note that DM may not be required to accept the use of this or other alternative dispute resolution platforms.

If the jurisdiction of your domicile prohibits DM from enforcing the governing law provision, nothing in these TOS limits your rights based on the laws governing your domicile.

17. General

Entire Agreement. These TOS set out the entire agreement between you and DM regarding the Services and supersede all earlier agreements and understandings between you and DM.

Assignment. DM may assign these TOS, in whole or in part, to any person or entity at any time with or without your consent, provided that such assignment does not reduce your rights under these TOS. You may not assign or delegate any rights or obligations under these TOS without DM’s prior written consent, and any unauthorized assignment and delegation by you is void.

Severability. If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, unless otherwise specified in these TOS, and the remaining provisions of these TOS will remain in full force and effect. DM’s failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.

No Waiver. Any failure by DM to exercise or enforce any of its rights under these TOS does not waive its right to enforce such right. Any waiver of such rights shall only be effective if made in writing and signed by an authorized representative of DM.

Contact Information. If you have any questions about these TOS, please contact support@darkmatterplay.com.

18. Additional Terms for Apple Users

In addition to the terms set forth above, the following terms apply if you access the Services through the App Store operated by Apple Inc. (“Apple”).

You acknowledge and agree that these TOS are concluded between you and DM, not with Apple, and that DM, not Apple, is responsible for the Services and their content. The license granted to you under these TOS is subject to the permitted usage rules specified in the Apple App Store Terms of Service and any third-party terms of agreement therein.You must comply with any third-party terms and conditions that apply to your use of the Services.

DM, not Apple, is responsible to you for: (i) providing any relevant maintenance or support for the Services in accordance with these TOS; and (ii) addressing any claims you may have regarding the Services, including product liability claims, any claim that the Services fail to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar laws. If the Services fail to conform to the warranties or other conditions set forth in these TOS or applicable law, you may notify Apple, after which Apple may refund the purchase price (if any) for the relevant Services. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services.

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

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Apple and its subsidiaries are third-party beneficiaries to these TOS. Upon your acceptance of these TOS, you agree that Apple has the right to enforce these TOS against you as a third-party beneficiary.