Terms of Service

1.1 Playing as a Guest. You may play games on the Platform without creating an account (“Guest Play”). Where you engage in Guest Play, you accept the Terms by clicking a button that starts a game, such as the Play button, immediately beside which the Company displays a statement that, by clicking that button, you agree to the Terms and acknowledge the Privacy Policy, with each document separately linked. If you do not agree to the Terms, do not start a game.

1.2 Playing with an Account. If you create an account on the Platform (an “Account”), you accept the Terms by checking a box, presented during account creation and not checked in advance, by which you confirm that you agree to the Terms and acknowledge the Privacy Policy. Acceptance of the Terms and acknowledgment of the Privacy Policy at account creation are separate from any consent you give to the use of cookies or similar technologies, which is obtained through the notice described in Section 1.4 (Cookie Notice and Notice at Collection).

1.3 Record of Acceptance. The Company records, for each acceptance of the Terms, the version of the Terms and of the Privacy Policy displayed, the wording of the acceptance statement or checkbox presented, the date and time of acceptance, and an identifier for the session or device through which the acceptance was given. The Company retains that record for so long as is necessary to establish the agreement between you and the Company. The Privacy Policy describes the identifier recorded during Guest Play.

1.4 Cookie Notice and Notice at Collection. Before any cookie or similar technology that is not strictly necessary to provide the Platform is used, the Company displays a notice describing what is stored on your device and, where required, obtains your consent. That notice also serves as the notice at collection required by California law. Declining consent to non-essential cookies does not prevent you from playing games on the Platform.

1.5 Capacity. You represent that you have the legal capacity to enter into the Terms and, where you accept the Terms on behalf of an organization, that you are authorized to bind that organization.

2.1 How the Terms Are Changed. The Company may change the Terms. The current version of the Terms is always available on the Platform and shows at the top the date on which that version took effect (the “Last Updated” date).

2.2 Notice to Account Holders. Where you hold an Account, the Company gives you notice of a change by email to the address associated with your Account at least thirty (30) days before the change takes effect. Continued use of the Platform after the change takes effect constitutes acceptance of the changed Terms. If you do not accept a change, you may close your Account under Section 16.1 (Ending the Terms) before the change takes effect.

2.3 Notice to Guests. Where you engage in Guest Play, the Company cannot give you notice by email. For thirty (30) days following a change, the statement displayed beside the button that starts a game therefore states that the Terms have been updated and shows the date of the updated Terms. A change to the Terms does not apply to your use of the Platform before the change takes effect.

2.4 Changes to Section 19. The Company gives thirty (30) days' notice of any change to Section 19 (Dispute Resolution; Arbitration; Class Action Waiver). A change to that Section does not apply to a Dispute that arose, or that was the subject of a notice under Section 19.3 (Informal Resolution First), before the change takes effect.

3.1 Minimum Age. By accessing or using the Platform, you represent that you are at least 13 years of age. If you are resident in the European Economic Area or the United Kingdom, you represent that you are at least 16 years of age. The Platform is not offered to, and may not be used by, any person below the applicable minimum age.

3.2 Players Under the Age of Majority. If you are at least the applicable minimum age but under 18 years of age, or under the age of majority where you live, you may use the Platform only with the involvement of a parent or legal guardian, who should review the Terms with you. A parent or legal guardian who permits a person under 18 years of age to use the Platform is responsible for that person's use of the Platform and is bound by the Terms in respect of that use.

3.3 Advertising to Players Under 18. Section 10.4 (Advertising to Account Holders Under 18) limits the advertising served to an Account holder under 18 years of age.

3.4 Players Below the Minimum Age. If the Company learns that a player is below the applicable minimum age, the Company closes any Account held by that player, ends that player's access to the Platform and deletes the personal information associated with that player, except to the extent the Company is required to retain that information by law. A parent or legal guardian who believes that a person below the applicable minimum age has used the Platform may contact the Company at the address in Section 23.2 (Notices to the Company).

3.5 Players Previously Removed. You may not access or use the Platform if the Company has previously closed your Account or banned you from the Platform, whether under Section 16.2 (Ending the Terms by the Company) or otherwise.

4.1 What the Platform Provides. The Platform makes browser-based games available to play without charge. The Company generates and publishes some of those games (each a “Company Game”). Others are created by third-party developers, either outside the Platform or on the Platform using creation tools the Company makes available to developers, and submitted to the Platform for publication (each a “Developer Game”, and together with the Company Games, the “Games”). The creation tools are available only to developers registered under the Company's developer terms, and are not available to players. Section 9 (Games Submitted by Developers) describes how Developer Games are treated and how the two categories are identified on the Platform.

4.2 Permission to Play. Subject to your compliance with the Terms, the Company grants you a personal, non-exclusive, non-transferable, non-sublicensable and revocable license to access and play the Games for your own personal and non-commercial entertainment. All rights not expressly granted in the Terms are reserved to the Company and the Company's licensors.

4.3 What You May Not Do with the Platform. Except as the Terms expressly permit, you may not copy, modify, adapt, translate, reverse engineer, decompile, disassemble, frame, republish, download, scrape, transmit, sell, license or sublicense any part of the Platform or any Game, or make any part of the Platform or any Game available to any other person. Section 8 (Acceptable Use) sets out further restrictions.

4.4 Availability. The Company may modify, update, suspend, withdraw or discontinue the Platform or any Game at any time, without notice and without liability. The Company does not undertake that any Game will remain available, that any Game will operate without interruption or error, or that progress, scores or other state associated with a Game will be preserved.

5.1 Creating an Account. You may create an Account to use features of the Platform that are not available during Guest Play. You must provide accurate information when creating an Account, including your date of birth, must not create an Account for any person other than yourself, and must not impersonate any other person. The Company relies on the date of birth you provide in applying Section 3 (Eligibility and Age) and Section 10 (Advertising). If the date of birth you provide shows that you are below the applicable minimum age, the Company does not create an Account. You have no ownership or other proprietary interest in your Account.

5.2 Display Names. The Company may refuse or remove a display name at the Company's discretion, including where the display name infringes the rights of another person, impersonates another person, misleadingly implies an association with another person, or is unlawful, vulgar or offensive. Selecting a display name does not give you any right in that display name.

5.3 Security of Your Account. You are responsible for maintaining the confidentiality of your Account credentials and for all activity conducted through your Account, whether or not you authorized that activity. You must notify the Company promptly of any unauthorized use of your Account.

5.4 Communications. By creating an Account, you agree that the Company may send you communications relating to the operation of the Platform and to your Account, including notices under Section 2.2 (Notice to Account Holders). You may opt out of promotional communications at any time using the mechanism identified in the communication concerned; you may not opt out of communications relating to the operation of the Platform or to your Account.

6.1 Content Generated on the Platform. Games and other material generated on the Platform by artificial intelligence systems, whether at the Company's direction or in response to input you provide, are referred to in the Terms as “Generated Content”. A Game may be both a Game and Generated Content. Where a Game is Generated Content, Section 4.2 (Permission to Play) and Section 4.3 (What You May Not Do with the Platform) govern what you may do with that Game, and this Section 6 governs the rights subsisting in that Game. Generated Content includes both a Game that an artificial intelligence system has generated before the Game is published and content that an artificial intelligence system produces while you play a Game, such as a character’s responses, a description or an outcome (“In-Game Content”).

6.2 Rights in Generated Content. The Company does not assert ownership of Generated Content to the extent that Generated Content is produced by an artificial intelligence system without human authorship. To the extent that any right subsists in Generated Content produced at the Company's direction, that right is owned by the Company or the Company's licensors.

6.3 Generated Content Is Not Unique. Generated Content is not guaranteed to be unique. The same or substantially similar Generated Content may be produced for other players, and the Company does not undertake that any Generated Content is or will remain distinct from content produced for any other person. The Company makes no representation as to whether any Generated Content is capable of protection by copyright or any other right, or as to who would hold any such right.

6.4 What You Contribute. Anything you submit to the Platform, including prompts, instructions, selections, messages, profile information and other material, other than Feedback governed by Section 14 (Suggestions and Improvements), is referred to in the Terms as your “Contributions”. You retain whatever rights you hold in your Contributions. You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to host, store, reproduce, modify, adapt, publish, display, distribute and otherwise use your Contributions for the purposes of operating, providing, improving and promoting the Platform. That license continues after your use of the Platform ends in respect of Contributions that have been incorporated into the Platform or into a Game.

6.5 Gameplay Data and the Company's Models. The Company records how the Platform and the Games are used, and may record the actions you take within a Game. The Company may use that information, together with your Contributions and Generated Content, to operate and improve the Platform, to design and generate Games, and to develop, train, test, validate and fine tune artificial intelligence models used by the Company. The Company may also license or provide that information, your Contributions and Generated Content, in a form that does not identify you, to third parties, including developers of artificial intelligence models, for the development, training, testing and evaluation of their models. The Privacy Policy describes what information is recorded and the choices available to you.

6.6 You Are Responsible for What You Contribute. You represent that your Contributions do not infringe the rights of any other person and do not breach Section 8 (Acceptable Use). The Company may remove any Contribution at any time, at the Company's discretion and without notice.

6.7 Screenshots, Recordings and Streaming. Notwithstanding Section 4.3 (What You May Not Do with the Platform), you may take screenshots and recordings of your own gameplay, stream or live stream your gameplay, and post those screenshots, recordings and streams on social media and on video-sharing and streaming services. You may earn revenue from a recording or stream through the advertising, subscription, tipping or partner programs those services offer, but you may not sell or license a screenshot, recording or stream, or include one in a product or service you sell. In doing so, you must not remove any attribution displayed with a Game, must not present a Game or any Generated Content as your own creation, and must comply with Section 8 (Acceptable Use). The Company may withdraw this permission for particular material by notice to you, in which case you must remove that material.

7.1 How Artificial Intelligence Is Used in Games. Company Games, and many Developer Games, are created in advance using artificial intelligence systems, including systems operated by third parties on behalf of the Company or, for a Developer Game built with the Company's creation tools, on behalf of the developer. Some Games also use an artificial intelligence system while you play, so that parts of the Game, such as a character’s dialogue, a description or an outcome, are produced in response to what you do rather than written in advance. That content is In-Game Content.

7.2 Characters Within a Game. A Game may include a character that responds to what you type or select. Where a Game includes such a character, the character is a feature of that Game and its responses are generated by an artificial intelligence system. The character is not a person, and any impression that you are communicating with a person is not accurate.

7.3 Output May Be Inaccurate. Content produced by an artificial intelligence system may be inaccurate, incomplete, offensive or otherwise unsuitable, and may not reflect the Company's views. Content produced within a Game is provided for entertainment and is not advice of any kind. You should not rely on content produced within a Game, and you should not act, or refrain from acting, on the basis of that content.

7.4 Use of Third-Party Models. The Company uses artificial intelligence systems provided by third parties. Your use of the Games is subject to the restrictions in Section 8.3 (Restrictions Applying to Artificial Intelligence Features), which reflect the requirements of the providers of those systems.

7.5 Speaking to a Game. A Game may let you speak to a character or to the Game instead of typing, once you switch on your microphone in that Game. Your speech is converted to text by a third-party service provider, and the text forms part of your Contributions. The Privacy Policy describes how the audio and the text are handled.

8.1 Improper Use of the Platform. You agree not to, and not to assist, encourage or enable any other person to, use the Platform to:

(a) infringe or violate the rights of any other person, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, right of confidence or other right;

(b) submit or transmit material that is unlawful, defamatory, obscene, pornographic, invasive of privacy, abusive, harassing, hateful or otherwise objectionable;

(c) solicit personal information from any other player, or direct material to any person the player knows or believes to be under 13 years of age;

(d) threaten, stalk, harm or harass any person, or promote discrimination against any person or group;

(e) impersonate any person or misrepresent your affiliation with any person;

(f) promote a business, product, service or event, or otherwise use the Platform for a commercial purpose, except as the Company expressly permits;

(g) send bulk or unsolicited messages, or attempt to manipulate the results of any search or ranking feature of the Platform or of any third party; or

(h) breach any applicable law.

8.2 Technical Restrictions. You further agree not to, and not to assist, encourage or enable any other person to:

(a) access the Platform other than through the interfaces the Company provides;

(b) reverse engineer, decompile or disassemble any part of the Platform, or attempt to derive the source code, model weights, prompts or system instructions underlying any part of the Platform;

(c) use any automated means to access, scrape, index or collect information from the Platform, or record, process or mine information about other players;

(d) interfere with, disrupt, overload or circumvent any part of the Platform, including any security, rate-limiting or content-filtering measure;

(e) reformat, frame or mirror any part of the Platform; or

(f) remove, obscure or alter any notice of proprietary rights.

8.3 Restrictions Applying to Artificial Intelligence Features. You further agree not to use any Game, or any artificial intelligence feature of the Platform, to:

(a) generate material that sexualizes a person under 18 years of age, or that depicts the abuse or exploitation of a person under 18 years of age;

(b) generate material that provides instructions for, or materially assists in, the creation of weapons, the commission of a violent act, or the compromise of a computer system;

(c) generate material that is intended to harass, defame, deceive or defraud any person, including material that falsely purports to be a statement by an identifiable person;

(d) generate material relating to self-harm, suicide or disordered eating;

(e) produce material for use in political campaigning, lobbying or the manipulation of public opinion; or

(f) develop, train or improve any artificial intelligence model, or extract or reproduce the output of any artificial intelligence system for that purpose.

8.4 Enforcement. The Company is under no obligation to enforce the Terms against any other player on your behalf. The Company may investigate any suspected breach of the Terms and may restrict access to content, remove content, restrict features, suspend an Account or close an Account. The Company applies the Terms consistently, and takes any such action diligently, objectively and proportionately, having regard to the rights of the person affected, including freedom of expression. Where the Company takes any such action against you, Section 25.3 (Statement of Reasons) applies and you may complain under Section 25.4 (Complaints).

9.1 Developer Games Are Created by Third Parties. Developer Games are created and submitted by third-party developers, not by the Company. A developer may build a Developer Game outside the Platform or with the creation tools the Company makes available to developers, in which case the developer directs the creation of the Developer Game through the developer's own instructions and an artificial intelligence model account the developer holds with a third party. Each developer is responsible for the Developer Game that developer submits. The Company does not adopt the content of a Developer Game as the Company's own, and does not endorse any Developer Game.

9.2 How the Two Categories Are Identified. Once Developer Games are available on the Platform, the Platform identifies whether a Game is a Company Game or a Developer Game, and displays for each Developer Game the name or identifier of the developer who submitted that Developer Game. Where the Company has modified or updated a Developer Game under Section 9.3 (Updates by the Company), the Platform identifies that Game as having been modified by the Company and describes the nature of the modification.

9.3 Updates by the Company. The Company may modify, update, extend or withdraw a Developer Game, with or without the developer's involvement, under the terms on which that developer submitted the Developer Game to the Platform. Where the Company does so, the material the Company adds is the Company's own and is not the developer's.

9.4 Review of Developer Games. The Company may, but is not obliged to, review, screen, test or monitor any Developer Game, whether before or after publication, and does not undertake that any particular Developer Game has been reviewed. Section 25.1 (How the Company Moderates Content) describes the tools the Company uses for that purpose, including automated tools and human review. The Company may refuse to publish, may remove, and may restrict access to any Developer Game, and where the Company does so, Section 25.3 (Statement of Reasons) applies and the developer may complain under Section 25.4 (Complaints).

9.5 Playing a Developer Game. You play a Developer Game at your own risk. Section 18 (Disclaimers and Limitations of Liability) applies to Developer Games. If you consider that a Developer Game breaches the Terms or infringes your rights, you may report the Developer Game under Section 25.2 (Reporting Illegal Content or a Breach of the Terms) or, for a copyright claim, under Section 12 (Notice of Copyright Infringement).

10.1 Advertising. The Games are made available without charge, and the Company may fund the Platform through advertising. Advertisements may be displayed before, during or after a Game, and are served by third-party advertising networks engaged by the Company.

10.2 Advertising During Guest Play. Where you engage in Guest Play, advertising served to you is contextual. Contextual advertising is selected on the basis of the content of the page or Game and does not draw on a profile of you or on your activity over time or across other websites or services.

10.3 Advertising to Account Holders. Where you hold an Account and are 18 years of age or over, advertising served to you may be personalized, meaning that the advertising is selected on the basis of information about you, including your activity on the Platform. The Privacy Policy describes the information used for that purpose and how you may opt out.

10.4 Advertising to Account Holders Under 18. Where you hold an Account and are under 18 years of age, advertising served to you is contextual only. The Company does not serve personalized advertising to you, does not sell or share your personal information for cross-context behavioral advertising, and does not use your personal information to build an advertising profile.

10.5 Your Controls. The Privacy Policy describes the choices available to you in relation to advertising, including the opt-out mechanism and the effect of an opt-out preference signal.

11.1 Your Profile. Where you hold an Account, you may choose a display name, which is shown on your Account page and to the other members of any friend party you join, and you may mark Games as liked.

11.2 What Others Can See. Your display name, and any name you enter to join a friend party, is visible to the other members of that party. Do not include in your display name any information you do not wish to be public, and in particular do not include information that identifies you or any other person, or that would allow you or any other person to be contacted outside the Platform.

11.3 Friend Parties. You may start a friend party and invite other players to join it by sharing an invite code, whether or not you hold an Account. The members of a party can play Games together and can see each other's display names, or the names entered by Guests, and the placings and scores of matches played together. A party ends no later than four (4) hours after it starts.

11.4 Voice. The Company may make voice communication available within a friend party. Where it does, the Privacy Policy describes how voice is handled. Voice communication is available only to an Account holder 18 years of age or over.

12.1 The Company's Policy. The Company respects the intellectual property rights of others and expects players and developers to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), the Company responds expeditiously to claims of copyright infringement committed using the Platform where those claims are reported to the Company's designated copyright agent identified in Section 12.5 (Designated Copyright Agent).

12.2 Notice of Alleged Infringement. If you own a copyright, or are authorized to act on behalf of the owner of a copyright or under an exclusive right under copyright, you may report an alleged infringement by delivering to the designated copyright agent a notice that includes: (1) a physical or electronic signature; (2) identification of the work claimed to be infringed; (3) identification of the material claimed to be infringing and information sufficient to locate that material on the Platform; (4) your contact details; (5) a statement that you have a good faith belief that the use complained of is not authorized by the copyright owner, the copyright owner's agent or the law; and (6) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner of the right claimed to be infringed.

12.3 What the Company Does on Receipt. On receipt of a compliant notice, the Company acts expeditiously. That action includes expeditiously removing or disabling access to the material identified, and may include any further action the Company considers appropriate. Where the Company removes or disables access to material, the Company takes reasonable steps to notify the person who submitted that material (the “Posting Party”).

12.4 Counter-Notice. The Posting Party may dispute a notice by delivering to the designated copyright agent a counter-notice that includes: (1) a physical or electronic signature; (2) identification of the material removed or disabled and the location at which that material appeared before removal; (3) a statement, made under penalty of perjury, that the Posting Party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (4) the Posting Party's name, address and telephone number, together with a consent to the jurisdiction of the United States District Court for the district in which that address is located or, where that address is outside the United States, for any district in which the Company may be found, and a consent to accept service of process from the person who submitted the original notice. On receipt of a compliant counter-notice, the Company provides a copy to the person who submitted the original notice and informs that person that the Company will replace the removed material, or cease disabling access to that material, not less than 10 nor more than 14 business days after receipt of the counter-notice, unless the designated copyright agent first receives notice that the person who submitted the original notice has filed an action seeking a court order restraining the Posting Party from engaging in infringing activity relating to that material.

12.5 Designated Copyright Agent. Notices and counter-notices should be delivered to the Company's designated copyright agent at Copyright Agent, FixedPoint, Inc., 4 West 4th Avenue, 6th Floor, San Mateo, California 94402; telephone (408) 508-4971; email copyright@fixedpt.ai.

12.6 Misrepresentation and Repeat Infringers. Under Section 512(f) of the DMCA, a person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake, may be liable for damages. The Company has adopted and implements a policy of terminating, in appropriate circumstances, the Accounts of players and developers who repeatedly infringe copyright. In applying that policy the Company does not count a removal that was reversed following a counter-notice or that was withdrawn by the person who submitted the notice.

16.1 Ending the Terms. You may end the Terms at any time by ceasing to use the Platform and, where you hold an Account, by closing your Account. The Privacy Policy describes what happens to information associated with your Account when your Account is closed.

16.2 Ending the Terms by the Company. The Company may suspend or close your Account, restrict your access to any part of the Platform, or ban you from the Platform. Reasons may include the Company's good faith belief that you have breached the Terms, that your continued use of the Platform exposes the Company or any other person to legal liability, or that your Account has been inactive for more than twenty-four (24) months. Where the Company takes any such action because content is unlawful or because the Terms have been breached, Section 25.3 (Statement of Reasons) applies and you may complain under Section 25.4 (Complaints).

16.3 Effect. On termination, the license granted to you under Section 4.2 (Permission to Play) ends and you lose access to your Account and to anything associated with your Account. The Company is not obliged to compensate you for any loss arising from termination.

16.4 Survival. The following Sections survive termination of the Terms: Section 6 (Games and Other Content Generated on the Platform), Section 8 (Acceptable Use), Section 14 (Suggestions and Improvements), Section 15 (Third Party Links and Offerings), Section 17 (Indemnity), Section 18 (Disclaimers and Limitations of Liability), Section 12 (Notice of Copyright Infringement), Section 19 (Dispute Resolution; Arbitration; Class Action Waiver), Section 20 (Governing Law), Section 21 (Location of Your Access; Restricted Jurisdictions), Section 22 (Players Outside the United States), Section 23 (Notices) and Section 24 (Miscellaneous).

18.1 Please Read This Section Carefully. THIS SECTION 18 LIMITS THE LIABILITY OF THE COMPANY PARTIES TO YOU. EACH PART OF THIS SECTION 18 APPLIES ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THIS SECTION 18 IS INTENDED TO LIMIT ANY RIGHT YOU HAVE THAT MAY NOT LAWFULLY BE LIMITED.

18.2 No Warranty. THE PLATFORM AND THE GAMES ARE MADE AVAILABLE ON AN AS IS, WITH ALL FAULTS AND AS AVAILABLE BASIS. THE COMPANY DOES NOT UNDERTAKE TO MONITOR, CONTROL OR VET DEVELOPER GAMES OR GENERATED CONTENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK. THE COMPANY MAKES NO CLAIM OR PROMISE AS TO THE QUALITY, ACCURACY, RELIABILITY, SAFETY OR SECURITY OF THE PLATFORM, OF ANY GAME, OR OF ANY GENERATED CONTENT.

18.3 Artificial Intelligence Output. WITHOUT LIMITING SECTION 18.2, THE COMPANY GIVES NO WARRANTY THAT GENERATED CONTENT WILL BE ACCURATE, SUITABLE, ORIGINAL, FREE FROM ERROR OR FREE FROM MATERIAL THAT A PLAYER MAY FIND OFFENSIVE, AND GIVES NO WARRANTY THAT ANY RIGHT SUBSISTS IN GENERATED CONTENT OR THAT GENERATED CONTENT DOES NOT RESEMBLE CONTENT PRODUCED FOR ANY OTHER PERSON.

18.4 Disclaimer of Warranties. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN STATEMENT MADE BY A REPRESENTATIVE OF THE COMPANY CREATES ANY REPRESENTATION OR WARRANTY.

18.5 Exclusion of Certain Losses. THE COMPANY PARTIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS, OR FOR ANY LOSS OF PROFIT, REVENUE, DATA, GOODWILL OR ANTICIPATED SAVING, ARISING OUT OF OR RELATING TO THE TERMS OR THE PLATFORM, WHETHER IN CONTRACT, TORT OR OTHERWISE, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THAT LOSS.

18.6 Cap on Liability. THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR RELATING TO THE TERMS OR THE PLATFORM DOES NOT EXCEED THE GREATER OF THE TOTAL AMOUNT YOU HAVE PAID TO THE COMPANY IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY AND ONE HUNDRED U.S. DOLLARS (US$100).

18.7 Your Remedy. WITHOUT LIMITING SECTION 18.6 (CAP ON LIABILITY), THE COMPANY IS NOT OBLIGED TO PROVIDE ANY REFUND, CREDIT OR REPLACEMENT IN THE EVENT OF YOUR DISSATISFACTION WITH THE PLATFORM, AND YOU MAY STOP USING THE PLATFORM AT ANY TIME.

18.8 Jurisdictions That Do Not Allow Certain Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN LOSSES. IN THOSE JURISDICTIONS, THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 18 APPLY ONLY TO THE EXTENT PERMITTED.

19.1 Who This Section Applies To. READ THIS SECTION 19 CAREFULLY. THIS SECTION 19 AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A CLAIM IN COURT AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. THIS SECTION 19 DOES NOT APPLY TO YOU IF YOU ARE RESIDENT OUTSIDE THE UNITED STATES; SECTION 22 (PLAYERS OUTSIDE THE UNITED STATES) APPLIES INSTEAD.

19.2 Disputes. A “Dispute” means any dispute, claim or controversy between you and the Company arising out of or relating to the Terms or the Platform, including the formation, interpretation, performance and breach of the Terms, and including any claim that arose before the Terms took effect between you and the Company.

19.3 Informal Resolution First. Before commencing arbitration, you and the Company must attempt to resolve the Dispute informally. The party raising the Dispute must send the other party a written notice describing the Dispute, the relief sought and the basis for calculating that relief. A notice you send must be signed by you personally, must include the email address or display name associated with your use of the Platform, and may not be signed only by counsel. A notice the Company sends must be sent to the email address associated with your Account or, where you have no Account, to the email address or physical address you provide. The parties must then confer in good faith for sixty (60) days. Neither party may commence arbitration before the end of that period, and the limitation period applicable to the Dispute is tolled during that period.

19.4 Agreement to Arbitrate. If the Dispute is not resolved under Section 19.3 (Informal Resolution First), either party may commence binding arbitration, which, subject to Section 19.8 (Exceptions), is the sole means of resolving the Dispute. The arbitration is administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures or, where those rules do not apply, the JAMS Comprehensive Arbitration Rules and Procedures, in each case together with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses, Minimum Standards of Procedural Fairness, where that policy applies. The Terms evidence a transaction involving interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this Section 19. The arbitrator, and not any court or agency, has exclusive authority to resolve any dispute as to the interpretation, applicability, enforceability or formation of this Section 19, except that a court has exclusive authority to decide whether Section 19.6 (Class Action Waiver) is enforceable.

19.5 Coordinated Filings. Where 25 or more demands for arbitration raising substantially similar claims are filed against the Company by or with the assistance of the same counsel or coordinated persons, the demands are resolved in batches of no more than 50, each batch heard by a single arbitrator selected by JAMS from a list in respect of which the Company and the claimants in that batch may each strike one candidate. The arbitrator decides each claimant’s claim individually and issues a separate award for each claimant. No determination made in one batch binds a claimant whose demand is assigned to another batch. The parties must cooperate with JAMS to implement this Section 19.5, and the limitation period applicable to each demand not yet assigned to a batch is tolled until that demand is assigned. Arbitration fees are payable in stages as each batch proceeds rather than on the filing of all demands. To the extent consistent with this Section 19.5, the JAMS Mass Arbitration Procedures and Guidelines apply to those demands.

19.6 Class Action Waiver. You and the Company each agree that a Dispute may be brought only in that party's individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. Except as provided in Section 19.5 (Coordinated Filings), the arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative proceeding. If this Section 19.6 is found unenforceable in respect of a particular claim, that claim must be brought in court and is severed from any claim that remains in arbitration.

19.7 Where Arbitration Takes Place. The arbitration takes place in the county in which you reside or at any other location within the United States convenient for you, or, at your election, by the submission of documents, by telephone or online. Judgment on the award may be entered in any court of competent jurisdiction.

19.8 Exceptions. Notwithstanding this Section 19, either party may: (1) bring an individual claim in a small claims court having jurisdiction; and (2) bring an action in court seeking relief for infringement or misappropriation of a patent, copyright, trademark or trade secret. A claim for public injunctive relief may not be brought in arbitration and may be brought in court, and any such claim is stayed pending the conclusion of the arbitration of the claimant's individual claims.

19.9 Arbitration Fees. You pay no more than the filing fee that JAMS requires a consumer to pay, and the Company pays all other arbitration fees and the arbitrator's compensation, whichever set of JAMS rules applies, except where the arbitrator determines that a claim was frivolous or brought for an improper purpose.

19.10 The Arbitrator's Authority. The arbitrator may award, on an individual basis, any relief that a court of competent jurisdiction could award on that claim, including declaratory relief and relief in respect of the claimant's individual claim. The award is in writing, states the reasons on which the award is based, and is final and binding except as provided in Section 10 of the Federal Arbitration Act.

19.11 Right to Opt Out. You may opt out of this Section 19 by sending written notice of your decision to opt out to the Company at the address in Section 23.2 (Notices to the Company) within thirty (30) days of first accessing or using the Platform. The notice must include your name and the email address or display name associated with your use of the Platform. If you opt out, the Company is also not bound by this Section 19 in respect of Disputes with you, and Section 19.12 (Disputes Not Subject to Arbitration) applies. Opting out does not affect any other part of the Terms.

19.12 Disputes Not Subject to Arbitration. For any Dispute not subject to arbitration under this Section 19, the state and federal courts located in San Francisco, California have exclusive jurisdiction, and you and the Company each consent to the personal jurisdiction of those courts.

21.1 Where the Company Operates. The Company operates the Platform from the United States. The Company does not represent that the Platform is appropriate or available for use in any particular location. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with the law applicable to you.

21.2 Restricted Jurisdictions. You may not access or use the Platform if you are located in, ordinarily resident in, or organized under the laws of, a country or territory that is the subject of comprehensive sanctions administered by the United States, or if you are a person with whom dealings are prohibited under those sanctions. You represent that none of those descriptions applies to you.

22.1 Arbitration Does Not Apply. If you are resident outside the United States, Section 19 (Dispute Resolution; Arbitration; Class Action Waiver) does not apply to you.

22.2 Mandatory Local Rights Are Preserved. Nothing in the Terms limits any right you have under the mandatory law of the country in which you are resident, including any right to bring proceedings in the courts of that country, any statutory warranty or guarantee, and any right of withdrawal. Where a provision of the Terms conflicts with such a right, the right prevails and the remainder of the Terms continues to apply.

22.3 Players in the European Economic Area and the United Kingdom. If you are resident in the European Economic Area or the United Kingdom, you may bring proceedings in the courts of the country in which you are resident, and the Company may bring proceedings against you only in those courts.

23.1 Notices to You. The Company may give you notice by posting the notice on the Platform, by displaying the notice in the interface, or, where you hold an Account, by sending the notice to the email address associated with your Account. A notice posted on the Platform takes effect when posted. A notice sent by email to an Account holder takes effect when sent.

23.2 Notices to the Company. You may give the Company notice by email to legal@fixedpt.ai or by post to FixedPoint, Inc., 4 West 4th Avenue, 6th Floor, San Mateo, California 94402, Attention: Legal. A notice you send to the Company by email takes effect when the notice is sent to that address, and a notice sent by post takes effect on delivery. The Company does not require you to obtain confirmation of receipt, and the effectiveness of a notice you send does not depend on any reply by the Company.

23.3 Contact Point for Players. The Company maintains a point of contact through which you may communicate with the Company directly and rapidly, by electronic means, at support@versezero.com. That point of contact does not rely solely on automated tools, and you may reach a person through it.

23.4 Legal Representative in the European Union. The Company has designated a legal representative in the European Union for the purposes of Article 13 of Regulation (EU) 2022/2065. The name, postal address, email address and telephone number of that representative are Prighter DSA GmbH, Schellinggasse 3, 1010 Vienna, Austria, support@prighter.com and +43 1 997 41 24. The Company has also designated a single point of contact for the authorities of the Member States, the European Commission and the European Board for Digital Services, reachable at legal@fixedpt.ai, and communications may be sent in English.

24.1 Entire Agreement. The Terms, including the parts of the Privacy Policy that form part of the Terms as described in the introduction to the Terms, contain the entire agreement between you and the Company in relation to your use of the Platform and supersede any prior agreement between you and the Company on that subject. If you submit a Game to the Platform as a developer, the Company’s developer terms govern that activity and prevail over the Terms in relation to any Developer Game you submit. The Company’s cookie notice, notice at collection and other notices describe the Company’s practices and do not form part of the Terms. Neither you nor the Company relies on any representation not expressly set out in the Terms.

24.2 No Third Party Rights. Except for the Company Parties, who may enforce Section 17 (Indemnity) and Section 18 (Disclaimers and Limitations of Liability), nothing in the Terms confers any right or remedy on any person who is not a party to the Terms.

24.3 Assignment. You may not assign or transfer the Terms, or any right or obligation under the Terms, without the Company's prior written consent. The Company may assign or transfer the Terms without restriction. Any purported assignment by you in breach of this Section 24.3 is void.

24.4 Waiver. A failure by the Company to exercise or enforce any right or provision of the Terms does not waive that right or provision.

24.5 Severance. If any provision of the Terms is held to be invalid or unenforceable, that provision is modified to the minimum extent necessary to make the provision valid and enforceable, or, if modification is not possible, is severed. The remainder of the Terms continues in full force.

24.6 Force Majeure. The Company is not liable for any failure or delay in making the Platform available that arises from a cause beyond the Company's reasonable control.

24.7 Section Titles. Section titles are for convenience only and do not affect the interpretation of the Terms.

24.8 Players Resident in California. Under California Civil Code section 1789.3, a California resident may report a complaint about the Platform to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

24.9 Removal of Content Posted by a Player Under 18. Under California Business and Professions Code section 22581, a player who is a registered user of the Platform and under 18 years of age, and who resides in California, may request the removal of content that player has posted on the Platform by contacting the Company at the address in Section 23.2 (Notices to the Company). Removal does not ensure complete or comprehensive removal, because the content may have been copied or reposted by another person.

24.10 Contact. Questions about the Terms may be sent to legal@fixedpt.ai.

25.1 How the Company Moderates Content. The Company moderates content on the Platform, meaning Developer Games, Contributions and Generated Content, using automated tools, human review or both. The Company may apply automated tools to a Developer Game when the Developer Game is submitted or afterwards, and to In-Game Content, to identify content that appears to breach Section 8 (Acceptable Use), the content standards in the Company’s developer terms or the law, and those tools may prevent that content from being published or displayed. A decision to remove content, to restrict access to content, to make content less prominent, or to suspend or close an Account is taken by a person, by a person with the assistance of automated tools, or by automated tools alone, and where such a decision is taken by automated means alone, the statement of reasons under Section 25.3 (Statement of Reasons) says so. The content standards that apply to Developer Games are set out in the Company’s developer terms, available at www.versezero.com/developer-terms.

25.2 Reporting Illegal Content or a Breach of the Terms. Any person may report to the Company content on the Platform that the person considers to be unlawful or to breach the Terms, whether or not that person holds an Account and whether or not that person is a player. A parent or guardian of a player, and any person who is the subject of the content, may report it. Reports may be submitted by email to legal@fixedpt.ai. A report should identify the content and its location on the Platform, explain why the person considers the content unlawful or in breach of the Terms, give the name and email address of the person reporting, and state that the person believes in good faith that the information in the report is accurate and complete. The Company confirms receipt of a report, considers the report in a timely, diligent, non-arbitrary and objective manner, notifies the person reporting of the decision taken, and tells that person what may be done if the person disagrees with it. Where a decision is taken using automated means, the Company says so.

25.3 Statement of Reasons. Where the Company removes content, restricts access to content, makes content less prominent, suspends or terminates a payment, suspends or terminates the provision of the Platform in whole or in part, or suspends or closes an Account, in each case on the ground that content is unlawful or breaches the Terms, the Company gives the person affected a statement of reasons, at the latest when the restriction takes effect and where the Company has that person's contact details. The statement of reasons states what the Company has done, where it applies and for how long; the facts and circumstances relied on, including whether the Company acted on a report or on the Company's own investigation; whether automated means were used; the legal ground relied on and why the content is unlawful on that ground, or the provision of the Terms relied on and why the content breaches it; and how the person affected may challenge the decision.

25.4 Complaints. A player or developer affected by a decision described in Section 25.3 (Statement of Reasons), and any person whose report under Section 25.2 (Reporting Illegal Content or a Breach of the Terms) the Company has declined to act on, may complain to the Company. A complaint may be submitted by email to legal@fixedpt.ai, at any time within six months of the decision being communicated. Complaints are free, are easy to submit, and are considered by a person rather than by automated means alone. The Company considers each complaint in a timely, non-discriminatory, diligent and non-arbitrary manner, reverses the decision where the complaint shows the decision to have been wrong, and tells the person complaining of the outcome and of the reasons for it. The Company also handles complaints about the operation of the Platform, about the Company's compliance with this Section 25, and, where a player has been prevented from using the Platform because of that player's assessed age, about that decision.

25.5 Repeated Misuse. The Company may suspend, after a warning and for a reasonable period, a player or developer who frequently provides content that is manifestly unlawful, and may suspend the handling of reports and complaints from a person who frequently submits reports or complaints that are manifestly unfounded. Before doing either, the Company considers the number of items concerned, their gravity, their nature, and the intention of the person concerned.

25.6 Serious Threats. Where the Company becomes aware of information giving rise to a suspicion that a criminal offense involving a threat to the life or safety of a person has taken place, is taking place or is likely to take place, the Company may inform, and where the law requires does inform, the law enforcement or judicial authorities concerned and provides the information available to the Company.

26.1 Illegal Content. The Company operates systems and processes designed to prevent players from encountering illegal content on the Platform, to minimize the length of time for which any such content is present, and to remove any such content swiftly once the Company is alerted to it or otherwise becomes aware of it. Section 25 (Content Moderation, Reporting and Complaints) describes how the Company does so.

26.2 Terrorism Content. Content that encourages, promotes or provides instruction for an act of terrorism, that displays an article associated with a proscribed organization, or that invites support for a proscribed organization, is prohibited on the Platform. Any such content identified is removed, the Account or developer concerned is suspended pending review, and the Company reports the matter to the authorities under Section 25.6 (Serious Threats).

26.3 Child Sexual Exploitation and Abuse Content. Content that sexually exploits or abuses a child is prohibited on the Platform. The Company removes any such content it identifies, closes the Account or developer account concerned, and reports the matter to the National Center for Missing & Exploited Children and to other authorities as the law requires.

26.4 Other Priority Illegal Content. Content amounting to another priority offense under the Online Safety Act 2023, including content concerning the sale of controlled drugs or firearms, the sexual exploitation of adults, human trafficking, harassment, stalking, threats or abuse, the encouragement of suicide or serious self-harm, the supply of an intimate image without consent, fraud, and the promotion of foreign interference, is prohibited on the Platform. Section 8 (Acceptable Use) states the corresponding prohibition, and any such content identified is removed and the Account or developer concerned is suspended or closed.

26.5 Protection of Children. For the purposes of the Online Safety Act 2023, under which a child is a person under 18 years of age, the Company treats the Platform as likely to be accessed by children, because players aged 16 and 17 may use the Platform. The Platform is not directed to children under 13. Content that encourages, promotes or provides instruction for suicide, for serious self-harm or for an eating disorder, and pornographic content, are prohibited on the Platform and the Company's systems are designed to prevent any player under 18 from encountering content of that kind. Content that is abusive or that incites hatred, bullying content, content depicting or encouraging serious violence, content encouraging dangerous stunts or the ingestion of a harmful substance, and content promoting the use of a harmful substance, are prohibited, and the Company's systems are designed to protect children from encountering content of that kind, taking into account the ages of the players permitted by Section 3.1 (Minimum Age).

26.6 Age Assurance. The Company relies on the date of birth you give when you create an Account and on the representation you make under Section 3.1 (Minimum Age). The Company does not presently use age verification or age estimation technology. If the Company introduces such technology, this Section 26.6 will describe the technology used, when it is used and how it works.

26.7 Reporting and Complaints. Section 25.2 (Reporting Illegal Content or a Breach of the Terms) and Section 25.4 (Complaints) describe how any person, including a child and a parent or guardian of a child, may report content and complain, and how the Company handles and resolves reports and complaints. Neither requires an Account.