TERMS AND CONDITIONS

INTRODUCTION
‍Please read carefully these Terms and Conditions (“T&C”) concerning using video games, applications, software, related improvements, overlays, upgrades, and associated services (the “Product”) provided by SUPER PICKLE GAMES sp. z o.o., along with its subsidiaries and affiliates (hereinafter “we”, “our”, “ours” etc.). T&C specify the conditions under which we offer the Products to User (hereinafter “you”, “your”, “yours” etc.)  and the rules for using these Products.

Please thoroughly read and review the T&C before you install or use any of our Products. By installing or using a Product, you acknowledge and agree to abide by T&C and its integral rules at all times. If you do not agree to all the terms in T&C, you should refrain from installing or accessing the Products.

‍ELIGIBILITY AND AGE RESTRICTION
‍You must confirm that you are of the legal adult age, as defined by the laws of your country and state of residence. If you are below this legal age, your parent or legal guardian must provide consent to this Agreement on your behalf. By installing or using our Products, you are indicating that your parent or legal guardian has granted their consent to this T&C.
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When creating an account, you agree to: 
provide accurate, complete, and current information during registration,
maintain and promptly update your account details as necessary,
use only one account unless explicitly permitted by us.
Accounts are personal to the user and may not be shared, sold, or transferred to others without our prior written consent.
You are solely responsible for:keeping your account credentials, including your username and password, secure,
ensuring that no unauthorized individuals access your account,
immediately notifying us of any unauthorized access or security breach related to your account.
We are not liable for any loss or damage resulting from your failure to maintain account security 
You may not:
impersonate another individual or entity,
use another user’s account without their explicit permission,
use automated tools or scripts to interact with the platform unless authorized by us.
Failure to comply with these guidelines may result in suspension or termination of your account.

‍OUR WARRANTIES
‍We warrant that: (a) we have the right to enter into these Terms and Conditions and to grant you the license to use our Product; (b) we will take reasonable care with the our games and services and your use of them and (c) we will use reasonable endeavors to comply with applicable laws in performing our obligations to you under T&C.

‍TOURNAMENTS
‍We may organize tournaments for fans using our games. Our tournaments will follow the specific contest rules published in our channels such as website or social media channels. Each participant is required to read the rules of the tournament, and his entry into the tournament means that he has read the rules. The organizer is not obliged to check the participants' knowledge of the rules, while no participant is entitled to enter the tournament without reading the rules. If a participant does not have access to the rules and has not familiarized himself/herself with the rules, he/she cannot enter the tournament. We are not responsible for any losses incurred in tournaments. 

‍CHANGES TO THE PRODUCT
‍We have the authority to modify the Product at its sole discretion, with or without specifying a reason. These modifications can occur at any time, particularly for technical purposes such as updates, maintenance, or improvements to enhance the Product's performance. You acknowledge that the Product may automatically install or download these modifications.Notably, we may discontinue support for earlier versions of the Product once a new version becomes available. Please note that our network partners and affiliated service providers are not obliged to provide customer service or support for the Product.

‍EXPORT RESTRICTIONS
‍The Product is subject to all export restrictions. You are required to adhere to all import and export restrictions and regulations that pertain to the Product or its usage as stipulated by the relevant agencies or authorities in the United States. The Product may not be re-exported, downloaded, or otherwise exported or installed by individuals who are citizens or residents of a country subject to a U.S. embargo, or by any person listed on the U.S. Treasury Department's Specially Designated Nationals list or the U.S. Commerce Department's Table of Denial Orders. By agreeing to this, you confirm and verify that you are not situated in, under the control of, or a citizen or resident of any such country, and that you are not listed on the aforementioned lists.

‍INTELLECTUAL PROPERTY RIGHTS 
‍We and our licensors own all the rights, and intellectual property rights to the Product and its content, including text, graphics, music, sound, information, characters, names, storylines, objects, scenes, costumes, effects, dialogue, slogans, locations, charts, concepts, choreography, audiovisual effects, domain names, and more, whether individually or in combination. These rights are protected by laws worldwide.You cannot copy, reproduce, or use any part of the Product or its content for any purpose without our prior written permission and, if needed, the permission of our licensors. 

‍License
‍This License only gives you limited rights to use the Product as outlined in its terms. The Product remains our property, and you are granted permission to use it under specific conditions, not to own or claim any part of it. It does not transfer ownership of the Product or any of its rights to you.We (or our licensors) grant you a personal, non-commercial, non-transferable and non-exclusive license ("License") to install and use the Product. This license is valid until terminated by you or by us as outlined in section 15 below. You cannot use the Product for commercial purposes without our permission. The Product is licensed, not sold, and may include features owned or managed by third parties. These features might come with extra terms, conditions, or costs, which you are responsible for following. For instance, if the Product includes a VoIP application, you must comply with your wireless data service agreement. Please review any additional terms and costs carefully.

‍RULES OF CONDUCT
‍You must follow all applicable laws and our Rules of Conduct covering the non-exhaustive list of prohibited behavior. The latter may change over time. Always use the Product as intended. Without limiting our rights to take action against your behavior, you may not, directly or indirectly:sell, rent, lease, license, distribute, market, or use the Product or its components for commercial purposes,reverse engineer, decompile, disassemble, copy, modify or create derivative works based on the Product, in whole or in part, except for creating User Generated Content through approved features,create, use and/or distribute cheating tools like bots, scripts, or hacks,remove, alter, disable or circumvent copyrights and trademarks or other author and origin information, notes or labels on or within the Product,export or re-export this Product or any copies of adaptations in violation of applicable laws,create, share, or publish content related to the Product that violates confidentiality, intellectual property, or privacy rights, promotes illegal activities (e.g., piracy or illegal software distribution), or includes offensive, harmful, defamatory, racist, or otherwise unacceptable material,modify, interfere with, or disrupt the normal operation of the Product, block or overload it, impede its use by others, or harm partner networks,spread viruses, malware, or corrupted data, or engage in attacks on our servers or its partners' servers,create or use alternative access methods like server emulators,spam chat rooms with repetitive or disruptive messages,harass, threaten, or oppress other users, or impersonate our employees, partners, or agents,misuse help services, send false reports, or make unreasonable demands related to the Product or us.

‍USER-GENERATED CONTENT
‍All content created, uploaded, or otherwise shared by you within the game or platform (“User-Generated Content” or “UGC”) remains your property. By submitting UGC, you confirm that you own all rights to the content or have obtained the necessary permissions to use it.By creating or sharing UGC within the game or platform, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, perform, and create derivative works from your UGC in connection with the operation, promotion, and improvement of the game or platform.The Rules of Conduct indicated above apply to the USG accordingly. We reserve the right to remove or disable access to any UGC that violates these rules or is deemed inappropriate, without prior notice.You are solely responsible for the UGC you create or share. By submitting UGC, you agree to indemnify and hold harmless us, our affiliates and employees from any claims or damages arising from your content or its use by our company.You may not use UGC created by other users without their explicit permission, unless such use is expressly permitted. Similarly, you must not reverse engineer, reproduce, or distribute other players’ UGC for commercial purposes without proper authorization.We are not responsible for UGC shared by users. We do not endorse or verify the accuracy of user-created content and assume no liability for any harm caused by reliance on such content.

‍YOUR LIABILITY
‍You are solely accountable for any damages incurred by us, our licensors, network partners, affiliated service providers, subcontractors, other Product users, or any individual or entity, as a consequence of your violation of T&C. You hereby consent to indemnify and protect us, our affiliates, licensors, network partners, affiliated service providers, and their subcontractors from any actual or potential lawsuits, liabilities, damages, and associated costs, including legal fees. These arise directly or indirectly from either (a) your violation of any part of T&C or (b) your use, including any misuse, of the Product. We retain the right, at its own expense, to take sole charge of defending any legal claims that you have committed to indemnifying us against. The provisions in this Section will remain in effect even after the termination of T&C.The absence of our (or our licensors’) action or asserting any right or remedy outlined in T&C or allowed by law, or a delay in doing so, should not be interpreted as a waiver of that right or provision. The act of waiving or partially utilizing a specific right or remedy should not hinder or restrict the exercise or assertion of that particular right or remedy or any others in the future. For a waiver of a specific right or remedy to be considered effective, it must be documented in writing and signed by us.

‍REFUNDS AND CANCELLATION
‍All payments made for us, including purchases of the game, in-app items, subscriptions, or other paid services, are final and non-refundable unless required by applicable law. By completing a purchase, you acknowledge and agree to this policy.Refunds may be considered under the following circumstances, subject to our discretion:the purchased item was not delivered or is otherwise inaccessible due to technical issues,the purchased item is defective or does not function as intended,the refund request is made within 14 days from the date of purchase, provided the item has not been used or consumed.To request a refund, you must contact us at the following address: contact@superpicklegames.com with proof of purchase and a detailed explanation of the issue.Refunds will not be granted under the following circumstances:you change your mind after completing a purchase,the purchased item has been used, consumed, or redeemed in part or in full,your account is suspended or terminated due to a violation of our T&C,the purchase was made through third-party platforms (e.g., app stores), in which case their refund policies will apply.For subscription services, cancellations may be made at any time, but you will not receive a refund for the remaining subscription period unless required by law. You will continue to have access to the service until the end of your current billing cycle.If you initiate a chargeback or payment dispute without valid grounds, we reserve the right to suspend or terminate your account and pursue any remedies available under the law.

‍THIRD-PARTY SERVICES 
‍We may include features that connect to third-party services like streaming platforms, social media, or payment providers (e.g., Twitch, YouTube, Facebook, PayPal). When using these services, you agree to follow their terms and privacy policies.By linking your account to a third-party service, you may allow us to access certain information as permitted by that service. It’s your responsibility to review and manage these permissions.We are not responsible for the availability, accuracy, or performance of third-party services or for any issues, disputes, or restrictions that arise from using them. Changes to these services or their terms may occur without notice, and continued use indicates your acceptance of those changes.If you do not agree with a third-party’s terms, you should avoid using the integrated features or disconnect your accounts.

‍YOUR PRIVACY
‍Data collected through analytics and advertising tools is generally not considered personal data. If it is ever linked to personal information, we treat it in accordance with our Privacy Policy accessible at https://superpicklegames.com/privacy-policy/ ("Privacy Policy") as an integral part of T&C.By using the Product, you agree to this data collection and processing, which helps us improve our services and deliver a better experience.

‍Data Collection and Monitoring: We may collect certain data to improve gameplay, analyze user behavior, and display targeted ads. Personal data is not shared outside without your consent, unless legally required. 
‍Monitoring for Unauthorized Use: We monitor your computer’s memory (RAM) for unauthorized programs. If detected, we may collect related details like your account name, IP address, and technical specifications. This data helps us maintain fair gameplay and may result in account termination if unauthorized programs are found.
‍Analytics: We use third-party analytic tools to understand how you interact with the Product and improve your experience.
‍Advertising: Ads displayed in the Product may involve third-party technologies that collect non-personal data, like browsing history and ad interactions, to deliver relevant advertisements.

OUR LIABILITY LIMITATION
‍We are not responsible for costs related to your internet or network connection; these are your responsibility. Additionally, we cannot guarantee the Product's performance if issues arise from your device, network, or service provider. We are also not liable for any interruptions or errors caused by platform maintenance or downtime on third-party services like Steam or Epic Games StoreThe Product is provided "as is" and "as available," without guarantees or warranties of any kind. We, our licensors, network partners, and affiliated service providers all warranties, whether express or implied, statutory or otherwise, including but not limited to: compatibility, reliability, fitness for a specific purpose, or freedom from errors, interruptions, timeliness, completeness, security or merchantability of the Product, implied warranties of title and non-infringement, the, viruses or your satisfaction.You are solely responsible for selecting, installing, and using the Product according to your needs. We, our licensors, network partners, or affiliated service providers shall not be liable for any loss or damage arising from the use of the Product or any related third-party services. This includes, but is not limited to: (a) any type of loss, whether resulting from tort (including negligence or breach of statutory duty), breach of contract, or misrepresentation (whether inadvertent or negligent), (b) direct loss, (c) incidental loss, (d) consequential loss, (d) special loss, (i) indirect loss.We are not liable for any losses or damages arising from your use of the Product, whether direct, indirect, incidental, or consequential. If you have purchased the Product and it does not meet legal warranties, our liability is limited to refunding the purchase price. In all cases, any claims cannot exceed the amount you paid for the Product in the 12 months before the dispute. If you are dissatisfied, your sole remedy is to stop using the Product.Our products are primarily distributed through online platforms, and we cannot guarantee that physical media containing the Product will be free from material or workmanship defects. If a defect is identified, we may, at our discretion, address it by repairing the defect, replacing the Product, or providing a similar substitute. When distribution and customer relations are managed by an external company, their warranty policies will apply, and we are not liable for defects in the Product handled by such third parties.

‍TERMINATION 
‍T&C become effective from the date of your purchase, download, or use of the Product, whichever occurs first. It remains in effect until terminated in accordance with the specified terms. Both you and us have the right to terminate T&C at any time and for any reason.If we initiate the termination, it will become effective either upon (a) providing notice to you, (b) termination of your account (if one exists), or (c) our decision to remove the Product from its offerings and/or cease support for the Product. T&C will be automatically terminated if you fail to adhere to the provisions outlined herein. Upon termination, regardless of the reason or the party, you are required to promptly uninstall the Product and remove all copies of it from your possession.

‍DISPUTE RESOLUTION
‍Our arbitration policy applies unless prohibited by the laws of your country. In the United States, this Agreement follows the Federal Arbitration Act. Where allowed by law, both parties agree to resolve disputes through individual binding arbitration.A “Dispute” includes any claim, controversy, or disagreement between you and us related to your use of the Product, licensed content, these T&C, the Privacy Policy, or any related agreement. This applies regardless of whether the issue is based on contract, law, tort, or another legal theory and includes claims arising before agreeing to these T&C. Please note that arbitration does not involve a judge or jury, and court review of arbitration decisions is limited.To save time and costs, both parties agree to first try resolving Disputes informally. A written notice must be sent to initiate a 30-day negotiation period before starting arbitration or legal proceedings.If informal negotiation fails, either party can proceed with arbitration. Arbitration, except for Mass Arbitration, will follow JAMS Streamlined Arbitration Rules effective at the time of the Dispute notice.If a lawsuit includes both arbitrable and non-arbitrable claims, the non-arbitrable claims will be paused until arbitration is complete.To the fullest extent permitted by law, disputes must be brought individually, not as part of a class action, collective action, or class arbitration. If the law permits private attorney general claims to be resolved through arbitration, they will be handled accordingly. Arbitrators may provide remedies available in court.All arbitration proceedings, including settlements, are confidential. However, the prevailing party may seek court confirmation of the arbitration award as a judgment or order.

‍GOVERNING LAW AND JURISDICTION
‍These Terms and Conditions are governed by Polish law.You agree that any non-arbitrable disputes or claims related to the Product, these Terms, or your use of the Product, including those involving us, our subsidiaries, subcontractors, suppliers, or content providers, will be subject to the exclusive jurisdiction of the courts in Warsaw, Poland.

‍CHANGES TO OUR T&C
‍We reserve the right to amend, modify, add, or remove provisions from these T&C or the Rules of Conduct outlined in section 8 above at any time. Changes may include restrictions on the use of the Product.Any updates will take effect upon prior notice to you, where applicable, or immediately without notice. We recommend regularly reviewing the T&C for updates. By continuing to use the Product after such changes, you accept and agree to the updated T&C.If you disagree with any changes, or if they prevent compliance with the provisions, you may terminate the T&C as outlined in section15 above. In such cases, you should promptly uninstall the Product and delete all copies.Should any part of the T&C be deemed invalid, unenforceable, or redundant by a court or competent authority, it will be considered removed to the necessary extent. The remaining provisions will continue in full effect. If a removed provision later becomes valid and enforceable with adjustments, it will be applied with minimal modifications to reflect our original intent.If you have any questions regarding T&C, please contact us at the following address: contact@superpicklegames.com.