TERMS OF SERVICE

Last Updated: September 4, 2023

This is an agreement between you and Valky (each, together with its ambassadors, "UEBEX GmbH", "ExVal Limited", "we" or "us") regarding our games and associated client software ("Clients", "GAME Clients"), services, websites and supported community channels ("Services", "Game Services"), and content and data ("Content", "Game Content") (collectively, the "Games" or "Apps"). This agreement consists of the terms and conditions below, and incorporates:

• The Conditions of Use (the genral Conditions of Use policy);
• Any Game code of conduct (which sets out additional rules and guidelines for gameplay and community behavior);
• Any Game content usage policy (which sets out additional rules and guidelines for creating community projects, such as streaming your gameplay);
• Any other policies, rules, or other conditions that we post in the Games or on our websites (collectively, the "Agreement").

By using any of our Games and Apps, downloading or running any Clients, accessing any Services, or using any Content, you agree to the terms of this Agreement on behalf of yourself and all other persons who use the Games under your account. If you do not accept the terms of this Agreement, then you may not use the Games. The Games are part of Valky's Services (as defined in the Conditions of Use).

1. YOUR ACCOUNT

We may require you to create and authenticate an account for the Games using your log-in credentials. The profile information connected to those credentials, including your username and avatar, may be displayed to other players and used by us to support your account. Any information you provide must be complete, accurate, and up-to-date. If you are under the age of legal majority (18 years of age in most jurisdictions), you may only use the Game Services under the supervision of a parent or legal guardian, and you must have your parent or legal guardian agree to this Agreement on your behalf. You may not share, sell, rent, or transfer your account. You are responsible for:

• Maintaining the confidentiality of your account log-in credentials and for restricting access to your account;
• All actions that occur under your account, including purchases.

Certain Games may be distributed through stores or distribution services offered by our ambassadors or third parties, and you may be required to create an account with those parties; your relationship with those parties is governed by their terms. To the extent there is a conflict between their terms and this Agreement, the terms of this Agreement will control with respect to the Games.

2. THE GAMES

2.1 System Requirements. Each Game may be subject to compatibility or technical limitations. We may deploy automatic or manual updates to the Games at any time and without notice to you.

2.2 Game Services. Our Games must be played over the Internet, and may require other services offered by us, our ambassadors, or third parties. We do not guarantee service uptime or availability, and we are not responsible for any downtime. We may implement security features on the Games, Game Services, and your account, and you will not, and will not authorize or enable anyone to, circumvent or interfere with any security features.

2.3 Safety. You should take frequent breaks when playing the Games, play the Games in a well-lit room, and sit a reasonable distance away from the screen. Some individuals may experience lightheadedness, seizures, and/or blackouts when exposed to flashing lights or other repetitive light patterns, which can occur when playing video games. If you, or anyone in your family, have an epileptic condition, consult a physician before playing the Games. If you experience any of the following symptoms while playing a Game – dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions – stop playing the Game and seek medical care immediately.

2.4 Limited License. We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, access, and use the Game Clients and associated Game Content only for your personal, non-commercial purposes.

2.5 Restrictions. You may use the Games only as permitted by this Agreement and applicable law. You may not, and you will not assist or authorize any other person to:

• Reverse engineer, decompile or disassemble, or otherwise tamper with, the Game Clients and associated Game Content;
• Sell, rent, lease, lend, loan, distribute, transfer, or sublicense the Games, or act as a host or matchmaking service for the Games without our consent, or otherwise facilitate any unauthorized connection that emulates portions of the Games;
• Copy, modify, alter, or otherwise create derivative works of the Games (except as expressly permitted by us in an applicable policy posted on our websites);
• Interfere with or circumvent any feature of the Games, access or use the Games in a way intended to avoid fees or restrictions, or otherwise exploit the Games (including by intercepting, collecting, scraping, mining, or reading data from the Games, or using applications or services such as hacks, bots, cheats, scripts, or mods that are not expressly permitted by us in an applicable policy posted on our websites).

2.6 In-Game Items. When playing the Games, you may unlock, purchase, or otherwise gain access to various items within the Game (e.g., fictional currency, fictional property, characters, alternate skins, weapons, equipment, boosts, status indicators, etc.) (collectively, "In-Game Items"). In-Game Items are attributes of gameplay that have meaning only in the virtual and fictional world of the Game; they have no monetary value, are not real-world currency, and cannot be resold or redeemed for cash. You agree that you have no ownership or property interest in any of the In-Game Items that we attribute to your account, or to any Game Content we authorize you to access, regardless of any effort, real-world money or other consideration you may have exchanged for access to an In-Game Item or Game Content. While we provide you the ability to access and use In-Game Items and Game Content, we retain all rights in and to all In-Game Items and Game Content. Accordingly, we may remove or alter an In-Game Item or Game Content attributed to your account or accessible to you at any time without notice or liability, arising in contract, tort, or otherwise. We are not responsible for loss or theft of In-Game Items. We may enable you to trade certain In-Game Items for other In-Game Items as part of gameplay. Otherwise, you may not sell, transfer, or offer In-Game Items in exchange for real-world currencies or consideration, whether inside or outside of the Games.

2.7 Modifications. We may change, modify, suspend, or discontinue support for the Games and In-Game Items, in whole or in part, at any time without notice.

2.8 Public Beta Tests. We may offer access to confidential, preview, early access, alpha, beta, Kappa, or similarly designated pre-release versions of our Games (collectively, "Public Beta Tests"). Please note that these versions may have limited features, may be available to play only during limited times, and may contain other limitations. If you participate in a Public Beta Test that we designate as confidential, you will keep all information about that Public Beta Test (including the Game and Game Content and related features and functionality provided in the Public Beta Test) and your participation confidential, including after public announcement of the Public Beta Test, until we give you authorization that you may disclose this information. You also agree that:

• Public Beta Tests are works in progress and may contain bugs which may cause loss of data or damage to your device;
• Joining a Public Beta Tests is at your own risk and we are not liable for loss of data or damage to your device caused by Public Beta Tests in accordance with the disclaimer of warranties and limitation of liability in the Conditions of Use applicable to you;
• Any In-Game Items or status indicators that you accumulate during test periods as well as the player history associated with your account may be erased at various points during the testing process;
• You will not provide your Public Beta Test access code or key to any other person without our consent;
• We have no obligation to make Games or features in a Public Beta Test generally available.

3. THE COMMUNITY

3.1 Code of Conduct. To make the Games and the communities of players and fans as welcoming and enjoyable as possible for all users, you agree to abide by any Game code of conduct and applicable law. If you violate any Game code of conduct, this Agreement, applicable law, or otherwise act in inappropriate or offensive ways, we may take disciplinary action against you, including revoking or limiting your access to the Games, communication features, and In-Game Items, in connection with a single Game, all Games, Game forums or other community areas. Any material violation may also result in the suspension or termination of your ExVal Limited account.

3.2 Communications Features. In addition to the core gameplay features of the Games, we may include ancillary features in the Games and on related services and forums that enable you to communicate with us, and with the community. We do not guarantee that communications features will be uninterrupted, error-free, suitable for any purpose, or will remain available, and you should not rely on the availability or functionality of these communication features for any purpose.

3.3 Spectating, Recording, and Broadcasting. Games may offer online multiplayer functionality and communications features. You should not expect that your multiplayer gameplay or your communications (e.g., chat) in the Games will be private. We and other players may spectate, record, and broadcast your online multiplayer Game sessions, including your display name, voice (if you transmit your voice), likeness (if you transmit video of yourself), and metadata on your gameplay (hit points, match record, characters you have played, etc.), all of which constitute material submitted to us under the Conditions of Use. By playing the Games, you grant us and other users all rights necessary to make and distribute recordings.

3.4 Monitoring. We may (but are not obligated to) monitor and record your game sessions and communications in the Games and related websites and services for various reasons, including to enforce this Agreement, ensure compliance with any Game code of conduct, prevent or punish cheating, and improve the Games.

3.5 Information You Provide to Us; Privacy. The Games will provide us with telemetry information relating to the download, installation, use, and performance of the Games, as well as information regarding the devices on which you download, install, and use the Games. For example, the Games may provide us with information about your use of the Games, the device type, network connectivity, information about when the Game is launched, session lengths, and why a Game may not be working. All of this information is subject to our Privacy Notice.

4. INTELLECTUAL PROPERTY

4.1 Ownership. The Games, including the Game Clients, Game Services, Game Content, and all related data such as In-Game Items, marketing and advertising materials, lore, characters, character names and likenesses, catch phrases, artwork, etc., are our and our licensors’ intellectual property. All right, title, and interest in the Games are reserved and retained by us and our licensors.

4.2 Community Projects.
• We grant you a limited, revocable license to create non-commercial projects incorporating our Game Content (excluding third-party brands and materials identified in a Game content policy) to support our Game communities, such as Twitch broadcasts, fan art, and fan fiction (collectively, "Community Projects") in accordance with a Game’s content usage policy. You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferrable, sublicensable, royalty-free, and fully paid up license to use, reproduce, modify, create derivative works of, publicly display, publicly perform, and distribute your Community Projects.
• You may not use Game Content in another game, or extract Game Content from the Games and distribute that Game Content as separate assets. Except as permitted by a Game content policy, you may not use our trademarks, trade names, logos, domain names, taglines, or trade dress without a separate license signed by us. You will not take any action disparaging other players, or challenging our ownership of the Games, including by using or registering confusingly similar trademarks or domains.
• You represent and warrant that you have and will maintain all necessary rights to any third party materials used in your Community Projects. Your Community Projects are derivative works of the Games. Any interest you may have in your Community Projects are subject to our ownership of the Game Content and the license in this Section. You agree to defend and indemnify us from any claims related to Community Projects you create.

4.3 Third-Party Components; Open Source. Certain third-party software, including open source components, may be incorporated in the Games and provided to you under a separate license, such as open source licenses. In the event of a conflict between this Agreement and any separate license detailed in the ExVal Limited Games Legal Notices, the separate license will prevail with respect to the third-party software that is the subject of that separate license.

4.4 Feedback; Idea Submissions. Without limiting the content submission provisions of the Conditions of Use, if you provide us with any suggestions, creative ideas, or other feedback related to the Games or other future games or content (collectively, "Feedback"), we will be entitled to use that Feedback without restriction. You agree that we are under no obligation of confidentiality, to credit you, or otherwise with respect to Feedback you provide, even if you state such restrictions in your submission.

4.5 Respecting Copyright. We respect the intellectual property of others. If you believe that your work has been copied and made accessible via a Game in a way that constitutes copyright infringement, please submit a written notice to Valky’s copyright agent with the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material you claim is infringing is located on the Game Service;
• Your address, telephone number, and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

For notice of claims of copyright infringement, Valky can be reached as follows:
• E-Mail Inquiry

Please note that this procedure is exclusively for notifying us of your belief that your copyrighted material has been infringed. We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

5. GENERAL TERMS

5.1 Authority. To enter this Agreement and use the Games, you must be a live human (e.g., not a corporation, organization, artificial intelligence (good or evil), extraterrestrial, sentient non-human primate, etc.). However, this restriction will not apply to the Goddess Hera, or generally in the event of the occurrence of a widespread extraterrestrial, robot, simian, or similar takeover of planet Earth, in which case we welcome our alien, robot, ape, or other overlords, as applicable, (such parties, "Their Eminences") to play our Games, and Their Eminences will be subject to the terms of this Agreement, mutatis mutandis, commencing on the date of the takeover and continuing for all periods thereafter, until such date as human governance is restored. Provided, further, that in the event the takeover necessitates the forced migration of the human species to Mars or other celestial body, where the Games are not operable at this time, we will use commercially reasonable efforts to (a) expand the locations where the Games are available and waive applicable restrictions under Section 5.2, below, and (b) enable local game servers as promptly as reasonably practicable, subject in each case to the availability of necessary interplanetary logistics, utility, sustainable life support, asteroid deflection systems, local stores or distribution services, and rule of law, as may be provided by our ambassadors, our third-party providers, celestial beings, or governmental or non-governmental organizations. We, and the Goddess Hera, have every permission and rights, and you accept, to make changes to the Games, Game services and Game contents at any given time, planet and, if applicable, galaxy.

5.2 Geographic Restrictions. Due to technical and other restrictions, the Games may be available only in certain locations. We may use technologies to verify your geographic location and restrict access to the Games from other locations. You may not use any technology or technique to obscure or disguise your location. However, you may be using a VPN in order for smoother gameplay.

5.3 Termination. Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. We may also terminate your right to use the Games at any time, without compensation or notice to you. Upon termination, you must cease all use of the Games and delete all copies of the Game Clients, Game Content, and Community Projects in your possession, and your rights to any Game Clients, Game Content, and Community Projects will immediately terminate. The preamble, Sections 2.5, 3.3, 3.4, 3.5, 4.1, and 4.4, the last sentence of Section 4.2, and Sections 5.2-5.7 survive termination.

5.4 No Waiver. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights or your obligations.

5.5 Amendments. We may amend this Agreement at our sole discretion by posting the revised terms in the Games or on this page. To the extent permitted by applicable law, your continued use of the Games after any amendment evidences your agreement to be bound by it.

5.6 Contact Information. For communications concerning this Agreement, please write to Valky.

5.7 Disputes; Limitation of Liability. Any dispute or claim arising from or related to this Agreement or the Games is subject to the class action waiver (or other applicable dispute resolution terms), governing law, disclaimer of warranties and limitation of liability, and all other terms in the Conditions of Use. You agree to those terms by using the Games. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction. Without limiting the applicable sections of the Conditions of Use regarding our liability, our or our licensors' aggregate liability to you for damages under this Agreement with respect to any claim will not exceed the amount you paid for the Game and In-Game Items. However, if your claim for damages is related to any change, restriction, suspension, or termination of your account or inability to use a Game or any In-Game Item, and results from our determination that you violated this Agreement or any Game code of conduct, then we and our licensors’ have no liability to you for damages under this Agreement. The laws of some jurisdictions, including jurisdictions in the European Union, do not allow the limitation of liability. If these laws apply to you, you may have additional rights.