End User Agreement

END USER LICENSE AGREEMENT

We, «Sezual Pte Ltd» (“WE”, “OUR”, “US”,as appropriate), strongly recommend to read this End User License Agreement carefully. This EULA sets out the basis on which «Sezual Pte Ltd» makes the Products available to you (“User” or ”You”) and on which You may use them.

DEFINITIONS

• EULA. This Agreement.
• Services. Collectively, and sometimes individually, the following: (a) each of our Games, and (b) any websites, software or other services we provide with or in support of the Game, whether or not they are installed or used on a computer, console, or a mobile device.
• Game. Means our game that you download and access that is subject to this EULA, regardless of where you download and/or access it, and any documentation, software, updates, Virtual Goods and Content (each defined below) included in it.
• Application store. A third-party platform or store that provides Services, including but not limited to Steam.
• Game Account. An in-game account which gives You access to our Game.
• Content. All artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions. It also includes anything generated, created, or that is otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services.
• User content. Any Content that you (or other Game Account holders) create or obtain outside the Services that you or another user makes available within the Services. To be clear, if Content is created within the Services, it is not User Content; only Content created or obtained from outside the Services that a user then makes available within the Services is User Content.
• Cheating. Using mechanisms and third-party software designed to grant one user an unfair advantage over other users.
• Cheating Detection Activity. Built-in mechanisms (Software) designed to prevent granting one user an unfair advantage over other users.
• Game currency. Any digital points, coins, or other representations of value made available within the Game strictly for the purpose of in-game use, obtained for the real money.
• Virtual Goods. Character skins, mounts and vehicles, digital cards, experience boosts, gear, and other customization for your in-Game characters, and other such digital add-on items that may improve your Game experience in some way purchased for real money, even if acquired with real money сannot be converted into real currency or other assets.
• Transaction. Act of purchase Virtual Goods or Game currency or Game itself.
• Confidential Information. Any information disclosed by us to you, or accessed or provided by you.
• Restricted Person. Person subject to sanctions or export restrictions maintained by the United Nations, United States (e.g., the Specially Designated Nationals and Blocked Persons List (“SDN List”) or the Entity List), the United Nations Security Council, the United Kingdom (including the Consolidated List of Financial Sanctions Targets), the European Union and any Member State thereof (including the Consolidated List of Persons, Groups and Entities Subject to Financial Sanctions), or any other list of restricted persons maintained by any authority with jurisdiction over you.
• Embargoed Territories. Country or Territory that is the target of comprehensive sanctions.

ADDITIONAL TERMS

Services may be available through application store. Your use of the Services is also governed by any applicable agreements you have with any Application Store. In case of conflict between any other Application Store Agreement and this EULA, EULA prevails.

ELIGIBILITY AND REGISTRATION

• Account creation. In order to use Services, You need to create a Game Account. Your Game Account, if applicable, is separate from any account you may have with any Application Store (your “Application Store Account”). You may be able to create your Game Account using an existing account you have with us or your email address. To the extent you create your Game Account through the use of a third-party account, we may access certain personal information that this third party provides to us such as your email address and name to help create your Game Account. Please note that you may also be able to play the Game without creating a Game Account, but you may not be able to access certain parts of the Game, and your Game data may be deleted if you uninstall or otherwise delete the Game.
• Age. In order to create an Account you must be at the minimum age or else your parents or guardians should perform on your behalf in order to use Services. Parents and guardians are responsible for the acts of their children under 18 years of age when using our Services. In order to play “Undeads” you must meet the minimum age requirement, otherwise if we have any reason to believe that you are younger than 16 years old, you no longer will have an access to your account due to the breach of this contract.
• Up-to-date information update. By entering into this agreement, you are obliged to update all needed information. In case if this requirement is not met, we preserve the right to terminate your Game Account.
• Account use rules. It is prohibited to resell, rent, lease share or provide any access to the account whether it is paid or not to anyone else; you are not allowed to create account for the third-party person;

  You agree that you will not disclose your Game Account password to anyone, in case of loss or any unauthorized use of your account. You are responsible for all activities that occur under your Game Account, whether or not you know about them. If you believe that your Game Account is no longer secure, then you must immediately notify us at our Support Address.

We reserve all available legal rights and remedies to prevent unauthorized use of our Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

LICENSES AND USE OF THE SERVICES

• License Grant. So long as you comply with this EULA and, as applicable, the Application Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install the Game on the device permitted by the Application Store Agreement(s) (if applicable), and (ii) access and use the Services, including any Content, for your personal entertainment purposes leveraging only the functionality of the Game and Services. We and our licensors reserve all rights not granted to you in this EULA. We also grant you a limited license to make gameplay videos for certain Games specified on the Services, provided that you agree that all such gameplay video activity is subject to your agreement. We may, in our sole discretion, remove, edit, or disable any Content for any reason.
• By making any User Content available through the Services, you hereby grant to us the following license: a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other users of the Services. Except to the extent prohibited by law, you waive the benefit of any “moral rights” or “droit moral” or similar rights in any country to any User Content. We may, in our sole discretion, remove, edit, or disable any User Content at any time and for any reason, including if we determine that the User Content violates this EULA. We do not assume any responsibility or liability for User Content, for removing it, or not removing it or other Content. We do not pre-screen or review any User Content, and do not approve or endorse any User Content that may be available on the Services or our other services.
• Minimum Requirements. The Game may have minimum requirements for the devices and systems on which you wish to play the Game. We may publish these minimum requirements on the applicable website and/or otherwise notify you in writing. For an optimal experience, please ensure that your devices and systems will meet these requirements before playing the Game.
• Seizure Warning. The Game may contain flashing lights, images, and other luminous stimulations which may induce epileptic seizures in certain individuals. If you or anyone in your household has an epileptic condition, please consult your doctor before playing any Game. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, please immediately discontinue playing the Game and consult your doctor.
• Retail Purchase. We may offer codes or product keys that can be activated in a Game or used to activate a Game on the Application Store. Subject to foreign exchange control regulations applicable in your jurisdiction, such codes or keys must be purchased (or otherwise obtained legally) through us or one of our authorized retailers to be valid. If you purchase such a code or key from a third party, that third party is responsible for addressing any issues you have with these codes or keys. Subject to applicable law, we will have no responsibility for these codes or keys purchased from any third party or if any purchase occurred in breach with any applicable foreign exchange control regulations.

PLAYER CONDUCT

We are committed to fostering a safe, welcoming, and fair environment for all users of our Services. All users are expected to adhere to the same standards of conduct. While using our Services as intended - without cheating, engaging in abusive, disruptive, or disrespectful behavior, or gaining an unfair advantage - will generally align with our policies, you are obligated to carefully review all terms of this EULA to ensure full compliance;

• Use the Services for any unauthorized commercial, promotional, or third-party purpose.
• Use or provide unauthorized third-party programs that interfere with, emulate, or monitor the Services.
• Use or offer unauthorized services not provided by us, such as server hosting, account boosting, hacks, cheats, bots, or mods.
• Access the Services on more than one device at a time.
• Copy, reproduce, distribute, or use our Services or intellectual property in any unauthorized way.
• Sell, rent, lease, license, or otherwise transfer any Virtual Goods, Game Currency, or Content, including via secondary markets.
• Reverse engineer, decompile, disassemble, or create derivative works of the Services, except as permitted by law.
• Circumvent or disable any technological measures we use to protect the Services.
• Use any unauthorized software to cheat (“Cheating”).
• Attempt to probe, scan, test, or breach the security of the Services.
• Access or tamper with non-public areas of the Services.
• Trespass or attempt to gain access to any restricted property or location.
• Post User Content or behave in a way that:
  • infringes on the rights of others;
  • violates any law or encourages illegal activity;
  • is fraudulent, false, or misleading;
  • is defamatory, obscene, vulgar, or offensive;
  • promotes discrimination, hatred, or harassment;
  • is violent, threatening, or promotes terrorism or illegal acts;
  • is harmful to minors;
  • promotes illegal or harmful activities.
• Disrupt or interfere with the access of any user, host, or network, including by overloading or transmitting viruses.
• Collect any personally identifiable information from other users without their express consent.
• Engage in any behavior we deem, in our sole discretion, to be detrimental to other users' enjoyment, including harassment, abuse, sabotage, spamming, scamming, or disruptive conduct.
• Impersonate any person or entity or communicate misleading or menacing information.
• Disguise your location through IP proxying or other methods to circumvent restrictions.
• Access another user's account to artificially boost its status.
• Use the Services in a way that harms our reputation or discourages others from using them.
• Encourage, promote, or enable any of the above activities.
• Violate any applicable law or regulation.

OWNERSHIP OF THE SERVICE

All Services, including all Content and Games, are the exclusive property of us or our licensors. You retain ownership of the content you upload, post, or store using the Services; however, by doing so, you grant us a license to use that content. We and our affiliates and licensors hold all title, ownership, and intellectual property rights in the Services. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. You acknowledge that you have no ownership or other legal interest in the Services, any Games, or any Content contained therein, except for the content you provide.

The Services include Cheating Detection software intended to identify and prevent Cheating. We may update or modify this Cheat Detection Software as we deem necessary in our sole discretion. In accordance with our Privacy Policy and applicable law, the Services and Cheat Detection Software may collect and transmit information regarding your Game Account, gameplay, and any unauthorized programs or processes related to Cheating. If we determine, in our sole discretion, that you have engaged in Cheating, we may exercise any or all of our rights under this EULA, including terminating your access to our Services. Additionally, Cheating in one Game or Service may result in the termination of your license to use all of our Games and Services.

We are under no obligation to monitor access to or use of the Services or to review or edit any Content. Nevertheless, we reserve the right to do so for the purpose of operating the Services, ensuring compliance with this EULA, protecting the health or safety of any individual, safeguarding our legal rights and remedies, reporting a crime or offensive behavior, or complying with applicable law. We may, but are not obligated to, remove or disable access to any Content at any time and without notice. We may also investigate violations of this EULA or any conduct that affects the Services.

VIRTUAL GOODS AND GAME CURRENCY

• License Grant for Virtual Goods and Game Currency. Virtual Goods and Game Currency are digital licenses granted under the terms of this EULA and the applicable Application Store Agreement. THEY HAVE NO MONETARY VALUE, ARE NON-REDEEMABLE FOR CASH, AND ARE NON-TRANSFERABLE, NON-TRADABLE, AND NOT INTENDED FOR INVESTMENT. Subject to your compliance with all applicable terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the Virtual Goods and Game Currency you obtain solely within the specified Game for their intended purpose, unless we explicitly authorize use across multiple Games. Unless expressly permitted, you may not trade Virtual Goods or Game Currency with other users. We may cancel, revoke, or suspend access to Virtual Goods or Game Currency if we suspect fraudulent or unauthorized activity, or to correct any erroneous application to your Account.
• Acquisition of Virtual Goods and Game Currency. Subject to applicable foreign exchange control regulations in your jurisdiction, we may offer certain upgrades and options within our Games that you may acquire using real-world currency. These include, but are not limited to, Game Currency, and Virtual Goods. Unless otherwise expressly communicated within the Game's functionality, Game Currency and Virtual Goods are not transferable between different Games. Certain Virtual Goods and Game Currency may also be obtained without purchase, such as through in-Game awards. All Transactions are processed through the designated Application Store or other authorized platforms. You are responsible for reviewing and understanding the terms of the applicable platform agreement governing your Transaction. We may impose limits on the quantity, frequency, or total value of Transactions, including but not limited to, maximum holdings of Game Currency or daily purchase limits, which will be communicated through the Services. We reserve the right to modify, amend, or supplement our fees, billing methods, and terms applicable to Game Currency, Virtual Goods, or other purchases. Such changes will be effective immediately upon posting, unless otherwise prohibited by the laws of your jurisdiction, and will be incorporated by reference into this EULA. Your continued use of your Game Account constitutes acceptance of these changes.
• Modifications to Game Currency and Virtual Goods. Except where prohibited by applicable law, we reserve the right, in our sole discretion, to modify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, or your access to them, without prior notice or liability. This includes actions taken for Game updates, emergency service suspensions, or the discontinuation of a Game for economic or other operational reasons.

  YOU HEREBY AGREE NOT TO ASSERT ANY CLAIM AGAINST THE COMPANY PARTIES RELATED TO: (I) ANY ALLEGATION OF A PROPRIETARY INTEREST IN ANY GAME CURRENCY OR VIRTUAL GOODS; OR (II) ANY ALLEGED LOSS OF MONETARY VALUE ATTRIBUTED TO GAME CURRENCY OR VIRTUAL GOODS RESULTING FROM: (A) THE DELETION OR SUSPENSION OF YOUR ACCOUNT; (B) GAME ADJUSTMENTS THAT AFFECT THE VALUE OF VIRTUAL GOODS OR GAME CURRENCY; OR (C) THE MODIFICATION, TERMINATION, OR EXPIRATION OF THIS EULA.

SCOPE OF TAXES ON SERVICES

• All fees and charges under this Agreement — including license fees, subscription fees, and in-Service purchases — are exclusive of all applicable taxes, including but not limited to value-added tax (VAT), sales tax, use tax, goods and services tax (GST), withholding tax, and similar governmental assessments (“Taxes”). You are responsible for the payment of all such Taxes in connection with your access to or use of the Services.
• Withholding Tax on U.S.-Sourced Revenue Share. In the event that the Services generate U.S.-source revenue share (e.g., royalties), and where legally required, the Company may act similarly to Steam by withholding and remitting Taxes to the U.S. Internal Revenue Service (IRS). Per Steam’s Tax FAQ, (https://partner.steamgames.com/doc/finance/taxfaq) withholding may range from 0% to 30% — the specific rate is determined via a tax interview process and depends on the information you provide, including applicable tax treaty benefits.
• Absence of Tax Treaty or Rate Reduction. If no tax treaty exists between your country of residence and the U.S., the default 30% withholding will apply to your U.S.-source revenue share, and the Company will remit this amount to the IRS.
• Tax Interview & Tax Identification Number (TIN). You must complete a tax interview to determine your withholding rate. If your withholding rate is initially set at 30%, you may reduce it by taking the tax interview again and providing a valid U.S. or foreign Taxpayer Identification Number (TIN).
• No Retroactive Refunds. Any changes in your withholding rate occurring after prior payments will not be refunded retroactively. Previously withheld amounts that have already been remitted to the IRS will not be returned.
• Indirect Taxes on Purchases (e.g., VAT or Sales Tax). On purchases of Services (e.g., subscriptions or content), the Company may act as the merchant of record, responsible for calculating, collecting at checkout, and remitting any applicable indirect taxes (including VAT or sales tax). For example, Steam includes VAT in its pricing where required and remits it periodically to the relevant tax authorities.
• Your Tax Responsibilities under the following provision:
  • You are solely responsible for any Tax liabilities — including filing returns and claiming credits.
  • The Company’s obligations are limited to withholding and remitting Taxes as required by applicable law and based on your provided tax information.
  • You bear the economic burden of any Taxes withheld, including the reduction of your net payments.

REFUND

Pursuant to, and in accordance with, all applicable laws and regulations (as further detailed in any country-specific addenda herein) and the policies of any Application Store through which the Services are acquired, you acknowledge and agree that: (i) all Games, Virtual Goods, and Game Currency constitute our proprietary property, are not attributable any monetary value, and are not redeemable or refundable for currency or any other item of value, nor do they entitle you to any alternative remedy, except in instances where such items are defective, are not delivered, or fail to materially conform to the specifications we have provided; (ii) we reserve the right to terminate, suspend, or revoke the license granted to you for any such Games, Virtual Goods, and/or Game Currency at any time, in a manner consistent with the terms of this End User License Agreement (EULA), without requirement of prior notice or incurring any liability to you; and (iii) except to the extent that mandatory provisions of the law in your jurisdiction confer a non-waivable right of withdrawal, your purchase and use of any Games, Virtual Goods, and/or Game Currency shall constitute an express and irrevocable waiver of any right to withdraw from said purchase agreement, and you consequently agree that you shall not be entitled to a refund or any other compensatory remedy.

Furthermore, you expressly agree that any such right of withdrawal, to the extent it exists and is waivable, shall be extinguished immediately upon the completion of the purchase and the concurrent delivery of the applicable Game, Virtual Good, and/or Game Currency to your account, unless overriding mandatory law in your jurisdiction provides for a different statutory period.

Notwithstanding any provision contained within this section, nothing herein is intended to limit or negate any of your non-waivable statutory rights.

BETA TESTING

• From time to time, we may offer a beta version of one of our Services (a “Beta”). As the name implies, Betas are not commercial launch versions, are not guaranteed to work properly, and may make other parts of your system not work properly as well. For the license granted to you in Section 3 above to extend to the Beta (meaning, for you to have permission to use the Beta), you acknowledge and agree to the following terms in addition to the rest of this EULA: We may automatically delete or modify the information stored on your computer related to the Beta for any reason at any time during the duration of the Beta test.
• We may terminate the Beta test at any time, which would then render your Beta unplayable or unable to function properly. When we terminate a Beta, you must delete the local Beta instance on your computer and all documents and materials you received from us in connection with the Beta.
• Use of a Beta is subject to confidential treatment of that Beta and all elements thereof. "Confidential Information" means any information disclosed by us to you, or accessed or provided by you, in relation to the Beta (including any feedback provided and the Game itself). You agree that you will:
  • not use any Confidential Information other than as necessary to use the Beta in accordance with this EULA;
  • maintain Confidential Information in strict confidence and use the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care;
  • not disclose the Confidential Information to any person or entity other than as permitted by us; and
  • not make any public announcements related to Beta or the Service, including publishing or disclosing any information (e.g. screenshots and specifications) relating to the Beta, without our prior written approval, which we may grant or withhold in our sole discretion.
• Termination of a Beta by us is not grounds for any kind of refund and your participation in a Beta does not entitle you to any compensation or any free Services, including any Content and Game Currency; and

If and when we release a full (non-Beta) version of the particular Game, we may allow your use of the Game to continue to the full version. If so allowed by us, your continued use of the Game will no longer be subject to this Section 8, but will still be subject to the rest of this EULA.

MCA/COOKIE POLICY

We respect copyright law and expect our users to do the same. It’s our policy to terminate in appropriate circumstances Game Accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

THIRD-PARTY WEBSITES AND RESOURCES

Users must comply with copyright laws. Our policy is to close the accounts of individuals who persistently infringe, or who are suspected of persistent infringement, on copyright holders' rights under appropriate circumstances.

SERVICE AND EULA MODIFICATIONS

We may (but don’t have to) update this EULA at any time whenever we think there is a need. Subject to applicable law, if we do so, you will be prompted to agree to the updated EULA upon your next access to the Services or when the updated EULA is otherwise communicated to you. You must agree to these updates to continue using the Services.

We may provide patches, updates, or upgrades to the Services that must be installed in order for you to continue to use the Services. We may update the Services remotely without notifying you, and you hereby consent to us applying such patches, updates, and upgrades. If your device can prevent automatic updates, you may not be able to access the Services until you manually update the Services yourself on your device. We may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Services at any time. Subject to applicable law, you acknowledge that any character data, game progress, game customization or other data related to your use of any particular Game and other elements unique to the Services may cease to be available to you at any time without notice from us, including, without limitation, after a patch, update, or upgrade is applied by us. You agree that we do not have any maintenance or support obligations with respect to the Services.

Subject to applicable law, we may change the price of the Services, Games, Virtual Goods, Game Currency or Content, at any time, for any reason, without notice or liability to you.

WARRANTY DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY LAW THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. The Company Parties make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Company Parties make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services.

LIMITATION OF LIABILITY

Notwithstanding the foregoing, some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this EULA will prejudice such rights that you may have as a consumer of the Services.

INDENMITY

You agree to indemnify (in other words, compensate for all and any losses incurred), pay the defense costs of, and hold the Company Parties and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of the Services; or (b) any claim that, if true, would constitute a breach by you of this EULA. You agree to reimburse us for any payments made or loss suffered by us, whether in a court judgment or settlement, based on any matter covered by this Section 16.

TERMINATION

To the fullest extent consistent with applicable law, we may suspend, modify or terminate your access to and use of the Services, including any Game, Virtual Goods, and Content, with no liability or notice to you, in the event that (a) we cease providing the Game to similarly situated users generally; (b) you breach any terms of this you breach any terms of this EULA (including the Application Store Agreement(s) and our other policies specified in this EULA); (c) the owner of the applicable Application Store terminates your Application Store Account; or (d) we otherwise deem it necessary to suspend or modify your access to and use of the Services or terminate this EULA in our sole discretion. You may also terminate this EULA by deleting and uninstalling the Game on all of your devices or by deleting your Application Store Account. A suspension or modification of your access to and use of the Services will result in your inability to access and use some or all features of the Services, as determined by us in our sole discretion. Upon any termination of this EULA, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or this EULA. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the Services after such termination.

Where required by applicable law, termination of this EULA does not require a court decision to affect termination or a notice served by a court bailiff as a prerequisite to termination.

Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this EULA has been terminated. The following sections will survive termination of this EULA: 6 (first two sentences only), 15, 16, 18 through 20, and this sentence of Section 17.

DISPUTE RESOLUTION AND GOVERNING LAW

• Governing Law. This EULA is governed by English law. This means that your access to and use of the Services, your purchasing of Virtual Goods and Content, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.
• You may bring any dispute which may arise under this EULA to – at your discretion – in the English courts. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to this EULA.
• Costs. Each party will pay its own costs and expenses (including, without limitation, counsel fees) of any such arbitration; provided, however, that the parties will equally share the fees and expenses of the litigation.
• Injunctive Relief. Notwithstanding anything to the contrary in this EULA, either party may always apply to a court of competent jurisdiction for an injunction or any other legal or equitable relief.

NO ASSIGNMENT

You may not assign or transfer this EULA, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this EULA, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer this EULA without restriction. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.

MISCELLANEOUS

• Entire Agreement. This EULA and any other document or information referred to in this EULA constitutes the entire and exclusive understanding between you and us regarding the Services and supersede any and all prior oral or written understandings or agreements between you and us regarding the Services.
• Language. The original language of this EULA is in English; any translations are provided for reference purposes only. To the maximum extent permitted by applicable law, you waive any right you may have under the law of your country to have this EULA written or construed in any other language.
• Severability. This EULA describes certain legal rights. You may have other rights under the laws of your jurisdiction. This EULA does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. As noted above, limitations and exclusions of warranties and remedies in this EULA may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this EULA are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions will be enforced only to the furthest extent possible under applicable law, the remaining terms of this EULA will remain in full force and effect.
• No Waiver. Your and our actions or in actions will not create any other rights under this EULA except as what is explicitly written within this EULA.Our failure to enforce any right or provision of this EULA will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies under this EULA will be without prejudice to its other remedies under this EULA or otherwise.
• Your Status. You are not, nor acting on behalf of anyone who is:
  • Restricted Person;
  • Resident of Embargoed Territories;
• General Trade Compliance. In connection with your use of the Services, you will comply with all applicable export controls and economic sanctions laws and regulations of the United Nations, United States, European Union, United Kingdom, and other applicable government authorities (collectively, “TRADE LAWS”). You agree not to engage in any activities in connection with the use of the Services that would violate Trade Laws or that would risk placing us in breach of any Trade Laws. If we have reasons to believe that you are a Restricted Person, are in or a resident of Embargoed Territories, or otherwise engaging in activities that violate Trade Laws or would risk placing us in breach of any Trade Laws, we may, at our sole discretion, take any and all relevant actions, such as requesting you to cease the conduct that violates Trade Laws, disabling or suspending Services, terminating Services with immediate effect, or other remedial actions.

SCHEDULES OF REGIONAL ADDENDUMS & ADDITIONAL PLATFORM TERMS

A-1 Addendum for residents of European Union, UK, and Brazil.

For the purposes of this Schedule A-1: The EULA is a legal agreement between you and Sezual Pte Ltd.

Virtual Goods and Game Currency: Notwithstanding Section 7(c) of this EULA, YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS (THE “COMPANY PARTIES”) RELATING TO (A) A CLAIM THAT YOU HAVE A PROPRIETARY INTEREST IN ANY GAME CURRENCY OR VIRTUAL GOODS; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF GAME CURRENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THIS EULA, OR (II) MODIFICATION, TERMINATION OR EXPIRATION OF THIS EULA IN ACCORDANCE WITH THE TERMS OF THIS EULA.

Warranty Disclaimers. Section 14 of this EULA is replaced in its entirety with the following:

The Company Parties (being us, our affiliates, directors, officers, employees, agents, and licensors) make no warranty that the Services will at all times meet your requirements or be available on an uninterrupted, secure, or error-free basis.

Limitation of Liability: Section 15 of this EULA is replaced in its entirety with the following:

Notwithstanding the foregoing, some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this EULA will prejudice such rights that you may have as a consumer of the Services.

Termination: Notwithstanding the provisions of Section 17 of this EULA, save as required by applicable law, we may, in our sole discretion, provide continued access to and use of the Services prior to such termination. We will have no liability to you if we terminate this EULA due to your breach of this EULA or due to circumstances beyond our reasonable control.

No Assignment: Notwithstanding the provisions of Section 19 of this EULA, we may freely assign or transfer this EULA without restriction, provided that: (a) we will give you notice of such assignment or transfer; and (b) if you do not consent to such assignment or transfer, this EULA will be terminated.

Language: Notwithstanding the provisions of Section 20(b) of this EULA, the original language of this EULA is in English; any translations are provided for reference purposes or to satisfy legal compliance obligations.

Moral Rights. Any reference to the waiver of moral rights under this EULA is not applicable to you.

Cancellation of Virtual Goods and Game Currency. Notwithstanding the provisions of Section 7 of this EULA, you have a legal right to cancel your purchase of Virtual Goods and/or Game Currency – please see Exhibit 1 to this Schedule for more information.

ADDITIONAL TERMS FOR RESIDENTS OF EU AND UK

With respect to residents of EU and UK, the following additional terms apply:

Dispute Resolution: Section 15 of this EULA is replaced in its entirety with the following:

Retail Purchases: Notwithstanding the provisions of Section 4(e) of this EULA, all terms regarding foreign exchange control regulations will not apply.

Cancellation of Virtual Goods and Game Currency. Where you have purchased such Virtual Goods and/or Game Currency other than directly from us, the details of your right to cancel will be set out in the applicable third-party terms. However, where you purchase such Virtual Goods and/or Game Currency directly from us the following will apply:
• prior to entering into this EULA or other agreement with us for the provision by us to you of such Virtual Goods and/or Game Currency, we will ask you to confirm that: (A) you wish to be provided with such Virtual Goods and/or Game Currency immediately on purchase; and (B) by providing such confirmation you waive your right to cancel under applicable law; and
• accordingly, by providing such confirmation you will waive your right to cancel your purchase of such Virtual Goods and/or Game Currency under applicable law.

EULA Modifications Notwithstanding the provisions of Section 13 of this EULA, if we need to update this EULA, we will provide you with 30 days' prior written notice of the changes and, following the expiry of such notice period, you will be prompted to agree to the updated EULA upon your next access to the Services or when the updated EULA is otherwise communicated to you. You must agree to these updates to continue using the Services. Except as required to allow you to continue to use any Virtual Content and/or Game Currency that you have purchased from us, you agree that we do not have any maintenance or support obligations with respect to the Services.

Indemnity. Section 16 of this EULA is removed in its entirety and replaced with the following:

INTENTIONALLY OMITTED

Schedule A-2: Addendum for residents of the United States.

Dispute Resolution: Section 18 of this EULA is replaced with its entirety with the following:
• Governing Law and Forum Choice. This EULA and any action related thereto, including but not limited to any dispute, controversy, difference, or claim arising out of or relating to this EULA, a Game, or the Services, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this EULA, a Game, or the Services (collectively, “DISPUTES”) will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of consumer’s inhabitance, without regard to its conflict of laws provisions. This section only applies if you are accessing, using, or have purchased the Services in the United States.
• Mandatory Arbitration of Disputes. We each agree that any Dispute will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this EULA, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision survives termination of this EULA.
• Location of Arbitration. If you are a resident of the United States, any arbitration will take place in your county of residence, to the exclusion of all other venues.
• Exceptions. As limited exceptions to Section 18(b) above: (i) we may both seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
• Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this EULA. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. (Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement).
• Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
• Injunctive and Declaratory Relief. Except as provided in Section 18(d) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. You and we agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

Class Action Waiver.YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution (Section 18) shall be null and void.

Severability. With the exception of any of the provisions in Section 18(h) above, if an arbitrator or court of competent jurisdiction decides that any part of this EULA is invalid or unenforceable, the other parts of this EULA will still apply.