END USER LICENSE AGREEMENT

Hello! This document constitutes the End User License Agreement of AG Legion UG. The last update to this document was made on December 28, 2023.

This End User License Agreement («Agreement») regulates the relationship between AG Legion UG (HRB 227192), registered address: 12203 Klingsor str. 105 b, Berlin, Germany; that operates as a video game and app Publisher («Publisher»), and a user, i.e. you («User»), regarding video games, apps, and web sites («Services»).

If you still have any questions or something remains unclear, please contact us via email: merx@thematicapoint.com.

1. DEFINITIONS OF TERMS USED IN THIS AGREEMENT

Publisher («I») is AG Legion UG (HRB 227192) that has a registered office at: 12203 Klingsor str. 105 b, Berlin, Germany. The Publisher manages the game, apps, administers the game resources, and provides the User with access to the Services under this Agreement.

Services are software, which is a collection of data, commands and generated audiovisual imagery that is activated consistently in order for the User to obtain a specific result. The Services are accessed via User’s devices by connecting the User to the game, apps and web sites resources. In some cases, Services may automatically download and install certain software components and/or audiovisual content on the User’s mobile devices. Such software components and/or content are necessary for the User to gain access to the Services and maintaining the game process.

User («You») is an individual who, under this Agreement, is granted the right to use Publishers games, apps and web sites within the scope of this Agreement.

Account is an account created by the User in order to be able to download content and use Publisher’s Services.

End User License Agreement («Agreement») is the text of this Agreement, executed by the Publisher and the User, which contains all the necessary and essential provisions of the license agreement for granting the rights to use Publisher’s Services as PC software. Schedules hereto are incorporated into and shall form part of this Agreement, including the Privacy Policy, as well as other documents referred to in this Agreement.

Standard Services include the Publisher providing the User with the access to the Services and maintaining the game process. Standard Services are provided by the Publisher at no cost subject to this Agreement. The User agrees that a Standard Service shall be deemed rendered when the User gains access to such Standard Service.

Paid Services include the Publisher providing the User with the access to additional special features of the Services that go beyond the Standard Services. Paid Services are provided at a cost subject to this Agreement. Paid Services are provided on demand only and at the User’s request, and are not necessary to receive Standard Services. In the game / app the Publisher at its own discretion may provide the User with a possibility to use functionality, content which becomes available only after the Subscription is paid and/or the In-game Currency is charged. Within the Paid Services the Publisher provides the Users who have devices based on iOS (iPhone/iPad) and Android with an access to the extra content, functionality of the game. The Publisher reserves the right to remove or add at any moment the content, functionality of the game available within the Paid Services without notice of the User. The User agrees that a Paid Service shall be deemed rendered when the User gains access to such Paid Service.

In-game Currency – virtual currency used in the game in order to calculate additional in-game features available for the User. The In-game Currency is not a means of payment and cannot be used outside the game. The In-game Currency can be charged to the User with no payment but for performing some actions in the game. The actions leading to the In-game Currency charge shall be determined by the Publisher.

2. SUBJECT OF THE AGREEMENT

Publisher’s Services include limited content that can be accessed by the User at no cost, as well as content that is only available for a fee.

The Publisher offers access to their Services, both Standard and Paid, to an unlimited number of persons under this Agreement.

An individual, who wishes to gain access to the Services and has a legal right to do so, becomes the User at the moment of agreeing with the terms of this Agreement, gains the rights and performs their obligations under this Agreement.

3. AGREEING TO TERMS OF THIS AGREEMENT AND AMENDING THE AGREEMENT

The Publisher has the right to amend the text of this Agreement and its Schedules without any prior notice to the User. Any changes to this Agreement and/or its Schedules are effective as of the time of publishing the amended text on the Publisher’s website. By accessing the Services, Standard and/or Paid Services, after such changes were published, the User thereby confirms that he carefully read the text of the amended Agreement and/or its Schedules, the User understands all changes, and the User agrees to the amended terms of this Agreement and/or its Schedules completely and without limitations.

THE PUBLISHER STRONGLY ENCOURAGES TO CHECK FOR AMENDMENTS TO THE AGREEMENT AND SCHEDULES THERETO EVERY TIME BEFORE GAINING ACCESS TO SERVICES, STANDARD AND/OR PAID SERVICES.

4. USER WARNINGS AND GUARANTEES

You must agree to this User Agreement and Privacy Policy in order to gain access to the Services. By downloading and installing our Services through official game and app stores, such as Google Play and the AppStore, as well as via social networks including vk.com, ok.ru, my.mail.ru, facebook.com, you agree to comply with their respective regulations, and you confirm that:

·        a. You are over 14 years old and you have a legal right to accept agreements like this one;

·        b. You confirm that your legal representative has read this End User License Agreement and agreed to its terms if you are under the age of 18 years old and you have not a legal right to accept agreements like this one;

·        c. You have read, understood and agree to the terms of this Agreement, both on your own behalf and on behalf of the child who will use your device or account to access our Services.

If you or your legal representative disagree with the terms of this Agreement, please close the End User License Agreement page and stop using Publisher’s Services. If they are installed on your mobile devices, they must be deleted from the devices’ memory.

The User guarantees that they have all the rights necessary to enter into this Agreement.

If the User is prohibited from accessing Services by applicable law or there are other legal restrictions, including age restrictions for using such services, the User shall have no right to use Publisher’s Services, Publisher’s Standard and/or Paid Services. In this case, the User is solely responsible for using the Services on the territory of their state in accordance with applicable law.

THE USER UNDERSTANDS, ACCEPTS AND AGREES THAT PUBLISHER’S SERVICES INCLUDE DIFFERENT SOUND AND/OR VIDEO EFFECTS, WHICH UNDER CERTAIN CIRCUMSTANCES, MAY CAUSE IN PEOPLE PRONE TO EPILEPTIC OR OTHER NERVOUS DISORDERS, TO EXPERIENCE RECRUDESCENCE OF SUCH DISORDERS, AND THE USER GUARANTEES THAT THEY DO NO NOT SUFFER FROM SUCH DISORDERS, OTHERWISE THEY SHALL NOT USE THE SERVICES AND SHALL NOT PARTICIPATE IN THE GAME / APP PROCESS.

The User understands, accepts and agrees that consistent long-term (continuous) use of a mobile device or a personal computer or another electronic device can cause various complications of physical conditions, including impaired vision, scoliosis, different types of neurosis, and other negative effects on human body. The User guarantees that they will use Publisher’s Services for a reasonable time only, taking breaks or other measures to prevent possible conditions and disorders, if such measures are recommended or prescribed to the User.

The User agrees, understands and accepts that Publisher’s Services are not gambling, cash games, or wagers, and that they acquire Paid Services by their own will, and such acquisition is not necessary nor mandatory for using the Service and participating in the game process.

User understands, accepts and agrees that, under no circumstances, they will use Publisher’s Services, Standard and/or Paid Services or any part thereof for commercial purposes. The User shall use Publisher’s Services and related content for personal entertainment purposes only.

5. LIMITATION OF LIABILITY

THE USER USES SERVICES, STANDARD AND PAID SERVICES, AS WELL AS ANY FEATURES AND CONTENT RELATED THERETO, AT THEIR OWN RISK. SERVICES, STANDARD AND PAID SERVICES ARE PROVIDED «AS IS», I.E. THE PUBLISHER DOES NOT MAKE ANY WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROCESS OF PREPARATION OR MAINTAINING OF THE SERVICE ACCOUNTING FOR ALL DEFECTS AND ALL SOFTWARE AND EQUIPMENT ERRORS.

The Publisher is not liable for any direct or indirect damage, property damage, pain and suffering to the User and/or any third parties, which resulted from:

·        Alleged illegal actions of the User and/or other users of the Service;

·        The User’s loss of access to the User Account within the Service;

·        Loss of game values received by the User as a result of using Publishers Standard and/or Paid Services;

·        Inadequate quality of the User’s Internet connection;

·        Inadequate performance of the User’s personal computer or mobile device or another devices;

·        Permanent or temporary ban of the User;

·        Permanent or temporary limitation of the User’s gaming abilities.

The Publisher does not exchange game values obtained as a result of the User’s use of Standard and/or Paid Services, as well as the in-game currency for cash and/or non-cash money or for any other gaming values.

The Publisher does not bear the costs associated with the User’s payment for Publisher’s Paid Services, and does not reimburse the User for such expenses.

6. USER’S RIGHTS AND OBLIGATIONS

The User shall assume the following obligations:

·        To comply with the terms of this Agreement and all the Schedules thereto;

·        To provide reliable information about themselves, when using the Services;

·        Independently and at their own expense to take all the measures necessary to protect their Account within the Service against unauthorized access by third parties.

The User, subject to the terms of this Agreement, has the right:

·        To gain access to Publisher’s Services;

·        To receive the full range of Standard Services from the Publisher at no cost, including access to the Services;

·        To request and receive Publisher’s Paid Services in respect of the Services under this Agreement and/or Schedules thereto;

·        To participate in special promotions, quizzes, contests held by the Publisher for all or a group of users of the Service, and related to the Services, in accordance with term and conditions of such promotions, quizzes, and contests;

·        To address the Publisher with any inquiries related to the execution of this Agreement;

·        To send their opinions, wishes, suggestions and/or ideas related to the Services in general and/or parts thereof to the Publisher. The User also agrees that in the event of the implementation of their wishes, suggestions and/or ideas within the Services, the User will not claim any kind of reimbursement for such wishes, suggestions and/or ideas, and will not demand their name to be mentioned as a co-author of the Services.

7. PUBLISHER’S RIGHTS AND OBLIGATIONS

The Publisher shall assume the following obligations:

·        Subject to the provisions of this Agreement, to provide the User with access to the Services, Standard and Paid Services, and to maintain the game process;

·        To notify the User of any changes to this Agreement and/or Schedules thereto, by publishing the amended text of the Agreement and/or Schedules thereto on the Publisher’s website;

·        Managing Services, Standard and Paid Services at their discretion.

The Publisher has the right at any time unilaterally and without any prior notice to the User:

·        To change, supplement and/or modify the Service or any of its parts;

·        To suspend and/or change the game process and/or conditions of Services;

·        To limit, modify or terminate the provision of Standard and/or Paid Services;

·        To change the composition of Standard and/or Paid Services;

·        To change the cost of Paid Services.

The Publisher also has the right:

·        To collect and store User’s data according to the Privacy and Cookie Policy, which is a Schedule to this Agreement and its integral part;

·        To take measures in accordance with applicable law to protect their rights with respect to the Service;

·        To amend this Agreement from time to time or to release its new versions. The Publisher has the right to notify the User about the release of amended versions in any of the following ways: Publishing on the Publisher’s website, sending an email to the User, informative messages within the Services, publishing the full text of the amended Agreement within the Services with a request for the User to reread it and reconfirm their consent.

8. PAID SERVICES

The Publisher provides the User with Paid Services only at the request of the User.

The Publisher provides the User with Paid Services, which let the User gain access to additional, special, advanced features of the Services. As a result of using such additional features, game characters and/or objects that are directly or indirectly managed by the User in the Services may receive game values that contribute to the faster or more convenient development of game characters and/or objects. The game values of characters and/or objects within the Services are intangible and can only be used by the User within the Service during the game process in relation to game characters and/or objects that are directly or indirectly controlled by the User.

When requesting and paying for the Publisher’s Paid Services, the User agrees to follow the payment instructions and use recommended payment methods, including the rules for entering a message and a phone number for text messages (SMS), as well as the rules for the order of uppercase and lowercase letters, numbers and input language. Provision of Paid Services to the User is guaranteed if the User follows instructions correctly and terms of payment. The Publisher is not responsible for the User’s compliance with the terms and conditions of provision of Paid Services, as for it is beyond the Publisher’s control. Regarding the rules and procedures for using payment systems to receive Paid Services, the User should contact legal entities who control and maintain such payment systems. The Publisher will not solve any issues that User might have with such payment systems, nor does the Publisher reimburse the User who used such payment systems in order to receive Paid Services and violated the rules established by payment systems, which lead to the Publisher never receiving the intended funds.

Paid Services will be provided to the User if the User pays for gaining the access to such Paid Services. It is understood that until the User’s payment for such Paid Services is confirmed, the Publisher has a right to withhold such Paid Services, to provide them on a limited basis or to restrict the User’s access to both Paid Services and Standard Services. When it comes to the Paid Services, the Publisher does not grant the User a deferment, payment by installments, nor a loan. Paid Services are provided to the User by the Publisher only after the cost of such Paid Services was fully paid.

If as a result of a technical error, a failure of the Service, or the User’s conscious action, the User received Paid Services without payment and/or after incomplete payment for such Paid Services, the User shall inform the Publisher of this fact and reimburse the Publisher for the cost of Paid Services received by the User as a result such circustances.

The User shall keep any documents confirming the User’s payment for the Paid Services for the entire duration of the User’s participation in the Service and, at the Publisher’s request for such documents, the User shall provide them to the Publisher along with all the necessary information about such payment. The Publisher is under no obligation to provide the User with a detailed report on the actions performed within the User’s account regarding additional Paid Services.

Additional Paid Services are provided by the Publisher only, therefore, no offers made by third parties regarding rendering any services related to the Service should be regarded by the User as offers by the Publisher. In the event of disputable, unclear situations, or receiving any offers by any third party regarding the payment for Standard and/or Paid Services within the Service, or publishing such advertisements and proposals online (with the exception proposals made on behalf of the Publisher), the User shall immediately notify the Publisher of such facts. If the User, in violation of this provision, made a payment after seeing the aforementioned ad and using the details specified in such ad, the User’s claims to the Publisher regarding the failure to receive the Paid Services shall not be accepted, and the Publisher shall not reimburse the User for funds spent by the User in such circumstances.

If the Publisher discovers that the User receives Standard Services and/or Paid Services from any other third parties (physical and/or legal entities), the Publisher has the right to suspend, restrict or terminate the provision of Standard and/or Paid Services to the User.

A Paid Service is deemed to be provided to the User by the Publisher the moment the Publisher submits the corresponding payment (or in-game currency) within the Service. From this moment on, the Paid Service is considered to be provided by the Publisher to the User in full, on time and with appropriate quality. The funds paid by the User for the provided Paid Service, are not subject for a refund by the Publisher.

The receipt of Paid Services does not exempt Users from compliance with this Agreement and Schedules thereto, as well as application to the User of any measures stipulated in this Agreement and/or Schedules thereto, including Publisher’s full or partial refusal to provide Standard and/or Paid Services to the User. The User guarantees to the Publisher that the User has the right to use the chosen means of payment for the Paid Services, without violating the legislation of the Federal Republic of Germany and/or another country of which the User is a citizen. The Publisher is not liable for any damage to third parties and/or other users of the Service caused as a result of the User’s using someone else’s funds to pay for Paid Services.

The Publisher is not liable for User’s unlawful actions performed while paying for the Paid Services. The Publisher reserves the right to unilaterally suspend or stop providing Standard and/or Paid Services to the User if there is a suspicion that the User has violated the law. Such suspension or termination may last up to the moment of clarification of the facts.

If the Publisher has reason to believe that the User is violating the law or committing fraud related to the payment for Paid Services, the Publisher has the right to forward relevant information to law enforcement authorities for verification of this fact.

The User is responsible for any and all costs associated with the payment for the Paid Services, including fees and commissions.

In case the In-game Currency is paid it shall be charged to the User in the amount equal to the paid nominal value.

After the In-game Currency amount is charged to the User account in the game it becomes possible to use exclusively within the game. Herewith the Publisher obligations concerning the In-game Currency charge is deemed to be completely fulfilled whether or not the User will use this In-game Currency to pay for the particular in-game functionality.

The User understands, agrees and accepts that the Publisher does not convert the In-game Currency back into cash or non-cash money, does not reimburse any expenses of the User including those spent on the money transfer to the Publisher, and does not pay interest for the money usage.

The User shall neither purchase the In-game Currency from any third party nor sell or donate the In-game Currency.

The User understands, agrees and accepts that the Paid Services shall be used only to get the additional functionality within games or apps, and money charged to the User’s account is not subject to return in any form, except in cases provided by Agreement.

Information of the additional functionality which is available and can be obtained by reduction of the In-game Currency amount (or payment) remaining on the User’s account is depicted in images and/or short descriptions of the in-game (or in-app) functionality and also in the nominal value expressed in the In-game Currency. The User agrees that the Publisher has a right to establish any other way of selecting of the in-game (or in-app) functionality.

When the User pays the Paid Services cost on its device the User irrevocably agrees with the cost of the Paid Services on that device and has no objections to the Paid Services cost possible differences if the User would pay it on another device.

The User understands, agrees and accepts that an access to the Service’s content and functionality the User gets within the Paid Services may vary depending on the User’s device used by the User to get this Paid Services due to the restrictions of the license terms contained in license contracts concluded between the Publisher and the corresponding rights holders.

When paying for the Paid Services the User confirms that the User understands and accepts the terms of this Agreement and also understands and agrees that the Publisher reserves the right at any time to remove any content in Services out without notice of the User including cases regarding termination of the license agreements concluded between the Publisher and rights holders and/or add any content into the Services without notice of the User. Prior to the Paid Services payment the User is obliged to have a preliminary review of the unit list of the content of the Services. The payment of the Paid Services by the User means that the User is familiar with the unit list of the content and is fully agreed with it.

The Paid Services may be paid:

·        For the Users using the game on iOS (iPhone/iPad) based devices the Paid Services is possible to be paid for without authorization in the Services through Apple – In-App Purchase payment system.

·        For the Users using the game on Android based devices the Paid Services are possible to be paid for without authorization in the Services through Google – In-App Purchase payment system.

The User identity verification is maintained using the device unique identifier of the User.

The Parties agree and accept that the Publisher is not liable towards the User in case of money transfer failure on the User account due to the reasons beyond the control of the Publisher including but not limited the following: software failures or equipment breakdown of banks, communication providers, payment systems and other payment facilitators providing payment acceptance for the Paid Services from the User as well as the payment transfer to the Publisher. The Parties also agree and accept that the Publisher is not obliged to provide the Paid Services to the User before the User payment is recorded on the Publisher bank account.

The Paid Services cost, its content, timeframe and payment procedure (including the content available within the Paid Services) may be changed unilaterally by the Publisher without notice of the User.

All the issues regarding acquisition of an access to the Internet world network, purchase and customization of a particular equipment and software shall be resolved solely by the User, do not fall within the Agreement and the Publisher is not liable for the actions performed by the User or any third party.

In case the Paid Services paid by the User is not provided by fault of the Publisher during the period of 30 (thirty) calendar days from the date of its payment resulting from the failure, the Publisher is obliged to reimburse the payment amount to the User on the basis of a statement written by the User and sent by post to the post address of the Publisher stipulated in the Agreement. To get the payment reimbursed the User has to keep emails sent by the Publisher and bank proving the payment up to the moment the Paid Services using is completed.

The User has not reached the legal age are prohibited to use the Paid Services without participation and permission of their full-aged legal representatives.

The Parties of the Agreement confirm and agree that the Paid Services is deemed to be provided at the moment of it is paid by the User.

THE USER UNDERSTANDS, ACCEPTS AND AGREES THAT THE PAID SERVICES IS AVAILABLE ON THE FOLLOWING CONDITIONS: VIA SOFTWARE APPLICATIONS ON IOS (IPHONE/IPAD) BASED DEVICES AND SOFTWARE APPLICATIONS ON ANDROID BASED DEVICES. THE USER UNDERSTANDS, ACCEPTS AND AGREES THAT THE PAID SERVICES DESCRIBED IN THIS PARAGRAPH OF THE AGREEMENT IS NOT AVAILABLE (NOT PROVIDED) ON DEVICES USING UNLICENSED, UNOFFICIAL, CRACKED PROGRAM GAMES, OPERATIONAL SYSTEMS, OTHER TECHNICAL MEANS FOR THE SERVICE ACCESS. IN CASE THE USER DOES NOT COMPLY WITH THIS TERM OF THE AGREEMENT THE MONEY PAID FOR THE PAID SERVICES CANNOT BE REIMBURSED TO THE USER; THE PUBLISHER IS NOT LIABLE FOR THE USER’S DEFAULT OF THE TERM OF THE AGREEMENT OR UNDUE FAMILIARIZATION WITH IT.

9. MISCELLANEOUS

AG Legion UG (Publisher) owns the rights to use, modify (on a limited basis), maintain and distribute the game, app, web site (Services) on the territory of the whole world. The User agrees, understands and accepts that all intellectual property rights to the Services, including game characters, game objects, in-game currency, in-game values, graphics, images, animation, video images, video clips, sound recordings, sound effects, music, text content and other components of the Services belong to the Publisher.

The execution of this Agreement cannot be regarded as an assignment of any rights from the Publisher to the User regarding any components of the Services and/or content.

The User understands, accepts and agrees that any element of the game, app, web site, including any objects, contents, is a part of the Services and is a certain set of software functions and features, and in spite of the fact that during the game process and participation in the game, app or website (Services) the User is allowed to manage such characters and/or objects, including the development of such characters and/or objects during the game and the game process, such management and development of the character and/or object in the game can under no circumstances be regarded as a transfer and/or assignment of ownership from the Publisher to the User in regards to such game character and/or object; just as such management and development of a character and/or object in the game, app, web site (Services) cannot be regarded as the authorship of the User in regards to a game character and/or object and/or the co-authorship of the User and the Publisher in regards to the game character and/or object. The User may not use any components of the Services outside the game, app, web site and the game process without the Publisher’s written consent.

If one or more provisions of this Agreement are unenforceable or invalid, as confirmed by a court decision, such unenforceability or invalidity shall not affect enforceability of the rest of the Agreement for the Parties. If one or more provisions of this Agreement are recognized as unenforceable or invalid, the Parties shall fulfill their obligations under this Agreement as close as possible to the obligations that were implied by Parties upon execution and/or amending this Agreement. Issues and terms not stipulated in this Agreement shall be regulated in accordance with the applicable legislation of the Federal Republic of Germany. Any disputes of the Parties under this Agreement shall be resolved through correspondence and negotiations using pre-trial (claim) procedure, and if the Parties fail to reach an agreement through negotiations, the dispute shall be brought by the interested party to a court of general jurisdiction at the Publisher’s registered location. All communication in regard to this Agreement shall be conducted in English.

10. GENERAL DATA PROTECTION REGULATION

User Queries

Dear player, if you wish to delete your data from our game permanently, please send us an e-mail with your Facebook ID with any additional information to merx@thematicapoint.com. The information will be deleted in 1 week upon receiving the e-mail.