Last updated: 1 January 2025
These terms of use, together with our Player Privacy Policy and all Supplemental Terms and other documents referenced in these Terms govern your license to access or use any of our downloaded games (made available by us now or in the future) (“Games”) or your license to access or use (a) specific Virtual Items or User Generated Content (“UGC”) (collectively: “Digital Goods”), or our websites, store, or other related services made available from time to time, unless we specifically state otherwise (all collectively: “Digital Goods & Services”).
PLEASE READ THESE TERMS CAREFULLY. These Terms form a legally binding contract between you and us. By accessing or using any of the Digital Goods & Services you accept and agree to these Terms. If you do not agree to these Terms then do not access and/or purchase (any license or use) our Digital Goods & Services.
DISCLAIMER: PURCHASING OR DOWNLOADING ANY DIGITAL GOODS & SERVICES SOLELY MEANS THAT GreatTec, SUBJECT TO THESE TERMS, GRANTS YOU A LICENCE TO ACCESS OR USE THE DIGITAL CONTENT OF THE DIGITAL GOODS & SERVICES. OWNERSHIP OF DIGITAL GOODS & SERVICES IS NOT TRANSFERRED TO YOU, AND GreatTec RESERVES THE RIGHT TO MODIFY, DISCONTINUE, OR REVOKE ACCESS TO THE LICENSED DIGITAL GOODS & SERVICES AT ANY TIME IF THERE IS A CHANGE IN RIGHTS OR UPON YOUR BREACH OR ALLEGED BREACH OF THESE TERMS.
FOR U.S. AND CANADIAN USERS ONLY: These Terms include a binding arbitration clause and class action waiver under section 26.8, which means you agree to submit any dispute related to these Terms, and/or any element of the Digital Goods & Services, and/or your relationship with us, to binding arbitration rather than proceeding in court. You may opt out of this mandatory arbitration agreement only by following the procedures below as described in section 26.8.3. These Terms also include a jury waiver.
1.1 “Acount” means an account with GreatTec created for Users or an account with third-party platforms or site operators that can be used to play our Games. Your account contains game and personal data, including your in-game progress and Digital Goods.
1.2 “Account Trading” means directly or indirectly selling, buying, trading or otherwise transferring or offering to transfer your Account to anyone else.
1.3 “Digital Goods” means the Virtual Items and User Generated Content (UGC) available in our Games.
1.4 “Digital Goods & Services” means all Digital Goods, Games, websites, stores and other related services made available from time to time for the Users
1.5 “Disputes” means all disputes, claims or controversies (except as specifically excluded in Section 26.8.2 below), arising out of or relating to these Terms, any of our Digital Goods & Services and their marketing, or the relationship between you, or anyone using your Account or otherwise acting on your behalf, and us, or any of our current or former affiliates, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory.
1.6 “GreatTec Support Team” means our in-game support team which can be contacted directly via our in-game chat, via email at [email protected]
1.7 “Games” means any games that are developed or published by Greattec PTE.LTD. that are made available by GreatTec now or in the future.
1.8 “Illegal Content” means any User Generated Content (UGC) that contains content prohibited under these Terms and any applicable law as described in section 11 of these Terms.
1.9 “Illegal Content Notification” means any notification of Illegal Content in our Digital Goods & Services which you sent to our in-game notification mechanism, in-game support or by contacting our GreatTec Support Team.
1.10 “Notice of Disputes” means a written notice sent by a User to GreatTec or vice versa indicating that the parties have a dispute in respect whereof informal negotiations shall start.
1.11 “Purchased License” means any free or purchased license to use or access Virtual Items, Games or any other digital content or Digital Goods & Services under these Terms.
1.12 “Stop an Account” means the act of temporarily or permanently disabling, suspending, banning or muting an Account by GreatTec.
1.13 “Subscription Service” means a right to access a license for a specified amount of time and an automatic license renewal service available for certain Digital Goods & Services.
1.14 “Supplemental Terms” means any additional terms that may apply to certain Digital Goods & Services such as for example but not limited to campaigns, mini-games, events, or subscriptions.
1.15 “Terms” means these Terms of Use together with our Player Privacy Policy and all supplemental terms and other documents referenced here as updated from time to time and made available on GreatTec’s website.
1.16 “Users” means persons who own an Account, play, and have access to our Games and Digital Goods and Services.
1.17 “User Generated Content (UGC)” means any form of content generated by a user of the Digital Goods & Services (including remarks, suggestions, ideas, graphics, text, images, video, information, and in-game or public forum messages) communicated, posted, uploaded, or sent by users on or in connection with the Digital Goods & Services.
1.18 “Virtual Currency” means any in-game points, coins or currencies that can be licensed by users for use within our Games.
1.19 “Virtual Items” means in-game virtual items and/or Virtual Currency licensed to you to access or use certain features available in our Digital Goods & Services.
2.1 In these Terms, “you” or “your” means the individual User with a licence to access or use the Digital Goods & Services. If the User is younger than 18 years of age (or the minimum legal age of adults in your territory), then “you” or “your” shall mean the User’s parent or legal guardian entering into a legally binding contract with us on behalf of your minor child. Parent(s) and legal guardian(s) are recommended to carefully read the Parental Guideline here.
If you accept these Terms on behalf of your minor child, you are responsible for supervising and monitoring your minor child in using the licence for any Digital Goods & Services made available from time to time by us. You are also legally and financially responsible for all of your minor child’s actions while using the licence to and accessing our Digital Goods & Services
By accessing, using or downloading Digital Goods & Services and/or by completing a Digital Goods purchase, you acknowledge and agree a) that you are solely purchasing a licence to access any Digital Good(s), not an ownership interest, and agree to all restrictions and conditions set out in these Terms, and b) that you are at least 18 years of age, or if you are younger than 18 years of age, that you have reviewed these Terms with your parent(s) or legal guardian(s) and they have agreed to these Terms on your behalf and take full responsibility for your compliance with them. If we are informed by a parent/legal guardian that their minor child has misrepresented his/her age when registering for our Games or Digital Goods & Services, we will Stop the Account provided we have information which satisfies us that the reporting person is indeed the parent or legal guardian of that minor child. You also represent that you attained at least the minimum age to consent to data processing under the laws of your jurisdiction (e.g. 13 years old in the United States and 16 years old in some EU jurisdictions) and are not barred from accessing the Digital Goods & Services under applicable law.
2.2 A summary of these Terms, specifically written for young people, is available here.
2.3 If you access our Digital Goods & Services through a third-party platform or site, you may be required to comply with their policies in addition to these Terms.
3.1 We are Greattec PTE.LTD. , a company registered in Singapore and located at 60 PAYA LEBAR ROAD #12-03 PAYA LEBAR SQUARE SINGAPORE(409051), with commercial register number 202306914E (“we”, “our”, “us” or “GreatTec”).
3.2 You can contact GreatTec Support Team at [email protected]
We may change these Terms from time to time, for example in order to ensure that we remain compliant with applicable laws or to reflect any changes we make to the Digital Goods & Services or otherwise. The updated Terms will be posted on our website. We may also provide additional notice, such as messaging within our Games, of any material changes to these Terms. It is your responsibility to check these Terms regularly before using any of our Digital Goods & Services. By accepting the new Terms or by continuing to use the Digital Goods & Services after the update of these Terms become effective, you agree to be bound by the updated Terms. If you do not wish to agree to the updated Terms, you may terminate your use of the Digital Goods & Services (see section 5.6 below). If you decide to terminate the use of our Digital Goods & Services, you remain liable for any unpaid amounts due to us.
5.1 To use certain of our Digital Goods & Services you may be required to create an Account with us and/or with a third party platform or site operator, e.g. Apple or Google. To create an Account you must provide truthful and accurate information about yourself on the Account registration page and keep that information up to date.
5.2 You may not share your Account with others, nor let anyone else access your Account. You are solely responsible for keeping the login credentials to your Account confidential. You are also responsible for all activity associated with your Account, including all transactions and payments associated with that Account, which may include but is not limited to the use of your credit card and other alternative payment methods. You also may be held responsible for losses incurred by us or any other user arising out of any activity associated with your Account. You agree that GreatTec will not be liable for any loss you may incur as a result of any unauthorised use of your Account by someone else, either with or without your knowledge. If you become aware of any actual or suspected loss, theft, fraud, or unauthorised use of your Account please notify us immediately by contacting GreatTec Support Team.
5.3 If your Account is muted, you can continue to play but will not be able to use free text chat during the relevant muting period. If your Account is disabled or banned, you will not be able to access your Account and any licences previously granted to you to use our Games and Digital Goods & Services will be either temporarily or permanently revoked. THIS MEANS YOU WILL LOSE YOUR ACCOUNT, CHARACTERS AND ANY IN-GAME ITEMS, CURRENCY OR OTHER DIGITAL GOODS. We are under no obligation to compensate you for any losses that result from your Account being disabled or banned.
5.4 If, acting reasonably, we consider that: (i) these Terms have or may have been breached or may likely be breached; and/or (ii) you have committed fraudulent, unlawful or abusive activity, including but not limited to any breach or suspected breach of the rules of conduct set out in section 8 of these Terms; and/or (iii) it is necessary in order to prevent or stop any harm or damage, including without limitation harm or damage to us, to any of our Games or Digital Goods & Services, to other Users or the general public, then, at our sole discretion, we may at any time temporarily or permanently: (i) Stop any or all of your Accounts; (ii) restrict access to any content-uploading or other feature of our Games or Digital Goods & Services; and/or (iii) remove any content or restrict access to or delete Virtual Items and Digital Goods or anything acquired by means of Virtual Items and Digital Goods. These actions may result in the loss of real money paid in prohibited transactions, such as, for example, but not limited to Account Trading.
5.5 If we take any of the above actions, you may, by no later than six months following the decisions made or actions taken under section 5.3, submit a reconsideration request to GreatTec customer support via our in-game channel or by sending an email to GreatTec Support Team. All reconsideration requests will be dealt with by us at our sole discretion acting reasonably.
5.6 If you want to permanently delete your Account, you may easily request your account deletion at any time where appropriate under your profile in the Game or otherwise send an Account deletion request to GreatTec Support Team.
5.7 Acting reasonably, if your Account has been inactive for at least 365 days we may suspend, restrict or terminate your license to access the Games, Virtual Items and/or any other part of the Digital Goods & Services and any other licence granted to you under these Terms.
5.8 You may stop using our Digital Goods & Services or request to delete your Account for any reason and at any time. When you request to delete your Account, we will need to verify your identity as the true owner of the Account. Subsequently, the Account deletion process will begin. Once your request has been received, a cooling-off period will apply. Following the cooling-off period, your Account will be deactivated and any content associated with the Account will no longer be accessible by you but the existence of your Account will continue to be visible to other Users.
If you have initiated the deletion or deactivation of your Account by yourself (provided your Account has not been deleted or deactivated by us due to your non-compliance with these Terms), then, until the expiration date of the cooling-off period, you will be able to recover or reactivate your Account by contacting GreatTec Support Team. Following such a request, we will need to verify your identity as the true owner of the Account before we can recover your Account and abort your Account deletion process. If you do not recall your Account within the cooling-off period, your Account will, upon the expiration of the cooling-off period, automatically be irreversibly, fully and permanently deleted, including all access to licenses to Digital Goods & Services purchased and other associated content under your Account.
5.9 Your Account and any content associated with your Account may not be permanently deleted where deletion would restrict our ability to: (i) investigate or identify illegal activity or violations of our Terms and Supplemental Terms (for example, to identify or investigate misuse of our Digital Goods & Services); (ii) protect the safety and security of our Digital Goods & Services and Users; (iii) comply with a legal obligation, such as the preservation of evidence; or (iv) comply with a request of a judicial or administrative authority, law enforcement or a government agency.
5.10 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND OR COMPENSATION IN CONNECTION WITH YOUR ACCOUNT AND WE SHALL NOT BE HELD LIABLE FOR ANY UNAUTHORISED USE OF YOUR ACCOUNT, STOPPING OF YOUR ACCOUNT, RESTRICTION OF YOUR ACCESS TO OUR DIGITAL GOODS & SERVICES OR VIRTUAL ITEMS, OR DELETION OR RESTORATION OF YOUR ACCOUNT.
6.1 PURCHASING OR DOWNLOADING ANY DIGITAL GOODS & SERVICES SOLELY MEANS THAT GreatTec, SUBJECT TO THESE TERMS, GRANTS YOU A LICENCE TO ACCESS OR USE THE DIGITAL CONTENT OF THE DIGITAL GOODS & SERVICES. THE OWNERSHIP OF DIGITAL GOODS & SERVICES IS NOT TRANSFERRED TO YOU.
6.2 GreatTec RESERVES THE RIGHT TO MODIFY, DISCONTINUE, OR REVOKE ACCESS TO THE LICENSED DIGITAL GOODS & SERVICES AT ANY TIME INCLUDING, BUT NOT LIMITED TO, IF GreatTec DECIDES TO STOP OFFERING THE DIGITAL GOODS & SERVICES, OR IF THERE IS A CHANGE IN RIGHTS OR UPON A BREACH OF THESE TERMS.
6.3 Our Digital Goods & Services, including our Games, your Accounts, Virtual Items and all related materials (including without limitation, software, code, information, content, data, text, characters, music, sounds, videos) made available by us or on our behalf and all related copyright and other intellectual property rights in such Digital Goods & Services, Games, Virtual Items and materials (collectively: “Content”) are solely licensed, and not sold, to you under these Terms. Subject to your strict compliance with these Terms, we grant you a limited, non-transferable, non-sub-licensable, revocable and non-exclusive licence to access and use our Content for your own personal entertainment and non-commercial use. Any other use of the Digital Goods & Services and its digital content, other than as expressly permitted herein, is strictly prohibited. You agree to comply with all applicable laws when accessing or using the Digital Goods & Services. If you breach any of these Terms, we may immediately terminate or suspend this licence. You acknowledge that all intellectual property and other rights in the Content are and will remain our sole property and that you will have no ownership, title or other proprietary interest in and to the Content, regardless of whether you ‘earned’ or ‘purchased’ such Content.
7.1 You confirm that:
7.1.1 all information and details provided by you are true, accurate and up to date. The rights granted under these Terms are strictly personal to you and you must not make the Digital Goods & Services, your Account or your password(s) available to anyone else; and
7.1.2 you will comply with the rules of conduct relating to your license to access or use of the Digital Goods & Services and/or Virtual Items as set out in sections 8 to 12 and any other restrictions set out elsewhere in these Terms.
7.2 You will indemnify and hold GreatTec (and our affiliated companies, officers, directors, employees, contractors, partners and licensors) harmless from and against any claims, losses, expenses, damages, liabilities and costs including legal fees, resulting from (i) your access or use of Digital Goods & Services, (ii) your breach of these Terms, (iii) your breach of any other laws and regulations, (iv) your infringement of the rights of a third party, (v) the submission of your UGC in the Digital Goods & Services and our use thereof, or (vi) any activity associated with your Account. GreatTec reserves the right, at your expense, to assume the exclusive defence and control of any third-party claims otherwise subject to indemnification by you, in which event you agree to cooperate with GreatTec.
7.3 If we take legal action against you for non-payment or any other breach of these Terms and a court makes an award in our favour, you will be responsible for all costs allowable by the courts.
8.1 You agree that in accessing or using the Digital Goods & Services (including the creation of UGC) you will neither by yourself nor promote, encourage, or help others to:
8.1.1 access, use or allow the use or access of the Digital Goods & Services for any purpose or activity that is illegal, unlawful or in breach of these Terms or otherwise create or disseminate “illegal content” (as defined in section 11 below);
8.1.2 reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble, in any manner the Digital Goods & Services, source code in the Digital Goods & Services or any portion thereof;
8.1.3 sell, give or give away, rent, grant a license, lease, share or provide access to your Account or access or attempt to access the Accounts of other users or penetrate or attempt to penetrate any security measures relating to the Digital Goods & Services;
8.1.4 partake in any behaviour that we may deem inappropriate and disruptive, or against the tone and nature of the Digital Goods & Services;
8.1.5 use abusive, offensive, or defamatory screen names, avatars and/or personas, whether created through Digital Goods & Services or through third-party devices connected to Digital Goods & Services;
8.1.6 impersonate any other person, or indicate falsely that you are an employee or a representative of us or any of our partners or affiliates;
8.1.7 promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or counterfeit or legitimate Virtual Items;
8.1.8 upload any files that contain a virus, trojan, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt any of the Digital Goods & Services;
8.1.9 make improper, false or spurious reports to us;
8.1.10 use our Digital Goods & Services to build a service or game that may compete with our Digital Goods & Services or assist another person in building a service or game that would compete with our Digital Goods & Services;
8.1.11 probe, scan or test the vulnerability of our Digital Goods & Services, or circumvent or breach the security or authentication measures of our Digital Goods & Services;
8.1.12 improperly use in-game support or complaint buttons or make false reports to us;
8.1.13 use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, ‘data mine’ or in any way reproduce or circumvent the content, navigational structure or presentation of our Digital Goods & Services;
8.1.14 sell, buy, grant licences, trade, or otherwise transfer or offer to transfer your Account, any personal access to our Digital Goods & Services, or content associated with your Account, including Virtual Items, either within our Digital Goods & Services or on a third-party website, or in connection with any out-of-game transaction;
8.1.15 advertise, solicit, or otherwise transmit any commercial advertisement, including gift codes or promotion, or unsolicited repetitive messages (spamming);
8.1.16 apply for a refund maliciously or take advantage of rules of third-party platforms for unjust enrichment;
8.1.17 take advantage of the price difference of Virtual Items to make a profit by acquiring and/or granting licenses to Digital Goods & Services from/in different territories; and
8.1.18 exploit the Digital Goods & Services, for any commercial purposes, including without limitation (a) using a cyber cafe, computer gaming centre or any other physical site; (b) gathering Virtual Items, or other in-game resources or Digital Goods for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-levelling.
8.2 To the extent the Digital Goods & Services functionality permits, you will not post or communicate any person’s ‘real world’ personal information whilst using the Digital Goods & Services or via any chat rooms or forums.
8.3 We reserve the right to access, monitor and/or record any online activity within the Digital Goods & Services and you give us your express consent to access and record your activities.
8.4 Any breach of the above rules of conduct shall be determined by us at our discretion, acting reasonably in all circumstances.
8.5 For clarity, all rules of conduct and your use of the Digital Goods & Services described in this section shall also apply to your communication and interactions with GreatTec’ employees, agents, and contractors including GreatTec’ customer support and/or community teams.
You are solely responsible for your interactions with other Users of our Digital Goods & Services and any other parties with whom you interact through our Digital Goods & Services. You agree to release us (and our affiliated companies, officers, directors, employees, contractors, partners and licensors) from any claims, losses, expenses, damages, liabilities, and costs including legal fees arising out of any such dispute between you and other Users or any other parties with whom you interact through our Service. You can report other Users if you believe they are in breach of these Terms as set out in section 25 below.
10.1 Our Digital Goods & Services may include social elements which permit users to come into contact with and chat with other Users.
10.2 You agree by submitting any form of UGC, that you are giving us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free licence to use, modify, copy, create derivative works of, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) publish and distribute such UGC for any purpose including the making available of such UGC to third parties, provided that we may not use UGC in violation of the Player Privacy Policy. You agree to waive any moral rights to the extent permitted by law and that you will not withdraw the submission or attempt to make a charge for its use. Further, you warrant and represent that you are the exclusive copyright and intellectual property rights holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity.
10.3 We, or third parties engaged by us, may monitor and/or moderate UGC that you upload or submit to our Digital Goods & Services by using automatic tools and/or human review but we do not guarantee the accuracy, quality, or integrity of any UGC posted via the Game or any part of the Digital Goods & Services. By using our Digital Goods & Services you acknowledge and accept that you may be exposed to materials you may find offensive or objectionable. We do not endorse any UGC posted on the Digital Goods & Services, nor do we guarantee its truthfulness or accuracy.
10.4 We reserve the right to remove and permanently delete any UGC from our Digital Goods & Services with or without notice. We reserve the right to disclose your identity to any third party that validly claims that any of your UGC infringes such third party’s intellectual property or their privacy. We will also disclose your UGC to third parties and governmental authorities on request where we are legally obliged to do so.
11.1 You agree not to upload on or transmit via the Digital Goods & Services any Illegal Content, including but not limited to any content, products, services and activities involving the following:
11.2 Notification of Illegal Content
11.2.1 You may send us an Illegal Content Notification via our in-game notification mechanism via in-game support, by contacting GreatTec Support Team.
11.2.2 In your Illegal Content Notification, you must provide us with the following details:
11.2.3 We will review your report and Illegal Content Notification, and may, at our reasonable discretion, take action against anyone who violates the Terms, such as by revoking or suspending access to certain or all of our Digital Goods & Services. We also have the right to, temporarily or permanently, disable, ban, mute and/or terminate or suspend your Account. We may also take such actions, at our reasonable discretion, in respect of anyone who knowingly submits a false report in bad faith.
11.3 Content Moderation
We, or third parties engaged by us, may monitor and/or moderate UGC that you upload or submit to our Digital Goods & Services by using automatic tools and/or human review for various purposes, including preventing the distribution of Illegal Content (as defined in section 11.2), ensuring your compliance with these Terms, and improving the Digital Goods & Services. The Digital Goods & Services may employ moderation and filtering systems, such as automated word filters and content or any illegal symbolic sign, to prevent the cease the distribution of such Illegal Content that violates these Terms.
Our Digital Goods & Services also allow you to control your interactions with other Users, such as you may allow other users to send you an in-game chat, or mute or block the other Users. Our Digital Goods & Services are also equipped with reporting tools, either in-game or via GreatTec Support Team, through which the Users can notify us of any Illegal Content violation for our review. You will find more information about the notification of Illegal Content in section 11.2 above. The features and tools described above may incorporate algorithms or other automated systems to help us accomplish the purposes described in this section 11.3 at the scale and scope needed to effectively maintain the Digital Goods & Services for our Users.
We may include access to digital or unlockable content, additional or enhanced functionality (including multiplayer services) Digital Goods & Services, virtual assets, in-game achievements and Virtual Currency.
You can use Virtual Currency to acquire other Virtual Items within our Games. Except as required by law, we do not provide any refunds for Virtual Currency.
When you sign up or pay for Virtual Items (including Virtual Currency), we grant you a licence pursuant to section 6. Virtual Items have no monetary value, no value outside of our Digital Goods & Services, and will not earn interest. You cannot sell, trade or transfer the license to Virtual Items, or exchange them for cash. Any attempt to sell, trade or transfer the license to Virtual Items, or exchange them for cash is a breach of these Terms and may result in actions taken against you, including the termination of your Account. Any payment you make for accessing the license of Virtual Items is non-refundable unless otherwise stated at our sole discretion. We may manage, regulate, control, modify, or eliminate Virtual Items (including a cap on the number of Virtual Items that can be acquired or held) at any time, with or without giving you any notice. Prices and availability of the Virtual Items are subject to change at our sole discretion. We have no liability to you or any third party in the event that we exercise any such rights.
You are responsible for checking that Virtual Items have been correctly credited to your Account and to notify us immediately if it has not.
13.1 When accessing our Digital Goods & Services, you may acquire a license to use the Digital Goods, including Virtual Items and Virtual Currency. When you do so, it may result in charges to you and you agree to pay all fees and applicable taxes incurred from acquiring a license to the Digital Goods. Payments can be executed by using the payment methods associated with your Account. In some cases, we may also provide discounts or special offers for the Users for certain Digital Goods.
13.2 We aim to ensure that the pricing of our Digital Goods & Services (including Virtual Items, Games and any other Digital Goods available in our store) is correct at all times. However, the Game and website pages may not always accurately reflect the correct details at the moment at which you place your order. We reserve the right to change prices without prior notice at any time before the formation of the contract. We cannot confirm the price of an item until your order is accepted. Where you are resident in the European Union, we will charge VAT or applicable sales tax on purchases as required by law, and you agree to provide the information we reasonably require in order to determine the applicable VAT or sales tax rate.
13.3 All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, your order will not be accepted and we will not be liable for any delay or non-delivery.
13.4 It is your responsibility and you must comply with the terms and conditions applicable to your chosen payment method, as set by the payment provider. We may add or remove payment methods in relation to our Digital Goods & Services at our sole discretion and without notice to you.
13.5 It is also your responsibility to put in place security measures on your device and the card linked to your Account, such as for example PIN, password, fingerprints and face recognition.
13.6 If you choose to sign up for a Subscription Service, you will be presented with subscription-specific terms at that time, describing if and when your subscription will automatically renew, for what period of time, and at what cost, and how to tell us to cancel it. Under the Subscription Service your account will continue to be periodically charged for the Subscription Service until you cancel your subscription. When you sign up for a Subscription Service, you must designate and provide information about your preferred payment method – the information you provide must be complete and accurate, and you are responsible for keeping it up to date – any failure to do so may lead to suspension or cancellation of your access to the Subscription Service. You expressly authorise us and/or our third-party payment providers, to collect via automatic debit from your nominated payment method the appropriate fees charged for any Subscription Services. Within 24 hours before your initial subscription commitment period has expired, and again within 24 hours before the end of any subsequent subscription period, your subscription will automatically renew and continue, at the subscription price and time period you agreed to on initially commencing the subscription, subject always to any updates in pricing and services issued by us from time to time. Unused portions of free trials will be forfeited upon purchase of a Subscription Service. Unless otherwise stated, all fees for Subscription Services will be payable in advance and billed automatically at the start of the monthly or annual subscription, as applicable. All purchases of Subscription Services are final and non-refundable, except at our sole discretion.
13.7 If you do not pay the fees or charges due for your Subscription Services, we may make reasonable efforts to notify you and resolve the issue in accordance with section 25 of these Terms below, however, we reserve the right to disable, suspend or terminate your access to the Subscription Services, and may do so without notice.
13.8 You can manage subscriptions and turn off auto-renewals as described in UNSUBSCRIBE INFO or contact GreatTec Support Team for any further assistance. If you do not want your subscription to renew automatically or if you want to change or terminate your subscription, you must log in to your account and follow the instructions to manage or cancel your subscription (simply deleting your account will not cancel your subscription). You can stop a subscription from recurring at any time, at least 24 hours before the end of the current Subscription Service period. If you cancel your subscription, you may continue to use the cancelled Subscription Service until the end of your then-current subscription term. The subscription will then not be renewed when your then-current term expires. If you are on a free trial, your trial services will be halted and may no longer be accessible upon your cancellation of the Subscription Service.
All orders are subject to acceptance by us and availability of the Digital Goods & Services. After placing an order, you will receive an email or message from us or the third-party platform, acknowledging that we have received your order. It will state what the item(s) you have ordered are, the cost (including VAT) and where a physical product, the postage and packaging and delivery, invoice and cancellation details. If your order has been unsuccessful, you will be made aware of the reason why and possible explanations. Please note that this acknowledgement email/message does not mean that your order has been accepted – your order constitutes an offer to us to purchase the Digital Goods & Services. All orders are subject to acceptance by us. When we make the Digital Goods & Services available e.g. as a download, this represents our legal acceptance of the offer you made to purchase the Digital Goods & Services and the contract between us will then be formed (and we or the third party platform or service provider will debit your account).
We want to provide you with the best possible service. We hope you are delighted with your Games, Virtual Items and Digital Goods & Services. However, if you change your mind, the cancellation policy set out below will apply.
15.1 Cancellation Policy
15.1.1 All Purchased Licenses are final and non-refundable except where required under applicable law.
15.1.2 For residents of the European Union and the United Kingdom, by clicking the relevant purchase order button on the purchase interface, you agree that the Purchased License will be supplied and delivered to you immediately before the statutory withdrawal period ends and you lose the right to withdraw your Purchased License once the Purchased License has been downloaded, streamed and/or accessed, due to the nature of these Purchased Licenses.
16.1 We reserve the right to limit the licensed amount of Virtual Items you can purchase in a given period. Virtual Items licenses may only be purchased and used by users in jurisdictions where such activities are permitted under applicable law. Virtual Items licenses may only be purchased from us or our representatives through the Games or as otherwise expressly authorised. We reserve the right to refuse any request to grant you a Virtual Items license for any reason.
16.2 We will use reasonable endeavours to maintain the operation of the Games and Digital Goods & Services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, our Games and Digital Goods & Services and we may have to suspend operation of a Game or particular Service without notice for repair, maintenance, improvement, security or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions or errors caused by circumstances outside our reasonable control.
16.3 We cannot guarantee that our Games or any part of our Digital Goods & Services will work on or be compatible with or capable of being accessed on any particular devices, platforms, operating systems or equipment, or in conjunction with any particular software or connectivity Digital Goods & Services not approved by us. We do not accept responsibility for such equipment, software or Digital Goods & Services. We also do not guarantee that our Digital Goods & Services can be accessed in all geographic locations.
We may cancel a payment and make a chargeback to you, including any transaction fees incurred with payment providers, if we have reason to believe any purchase is incomplete or any purchase is made, or we suspect it is made, fraudulently or in an otherwise non-bona fide manner.
Payment methods accepted by us are as per those payment methods provided on our store sites and by the third-party platform providers such as Apple and Google within our Games at the point of sale.
You agree that the Games and any aspect of the Digital Goods & Services may automatically download and install updates, upgrades and additional features that we deem reasonable, beneficial to you and/or reasonably necessary. These Terms shall apply to any updates, upgrades and/or additional features that are not distributed with a separate licence or other agreement.
These Terms shall apply to your use of the Games, your Account, Virtual Items and Digital Goods & Services at all times and shall continue until you delete, cancel or remove such Games, Account, Virtual Items and Digital Goods & Services or we terminate this licence.
21.1 You acknowledge that all intellectual property rights in the Digital Goods & Services, Games and Virtual Items and all content appearing within the Digital Goods & Services, Games and Virtual Items throughout the world belongs to us, our licensors, licensees or affiliates and that such rights are licensed to you and you do not acquire any ownership rights in the Digital Goods & Services, Games and Virtual Items or any other part of them other than the right to use the Digital Goods & Services, Games and Virtual Items under the terms of this licence.
21.2 Any use by you of any of our intellectual property other than as permitted under these Terms may only be undertaken with our prior express written authorisation. Nothing contained within these Terms shall be construed as conferring any right, whether by implication or otherwise, to use any intellectual property in the Digital Goods & Services, Games and Virtual Items other than as expressly permitted in these Terms.
21.3 We reserve the right to stop offering any of our Games and/or Digital Goods & Services at any time either permanently or temporarily, at which point any licence granted to you to use the Games and/or Digital Goods & Services or a part thereof will be automatically terminated or suspended and your Account Stopped. Prior to stopping the availability of any of our Games and/or Digital Goods & Services, we will use our reasonable efforts to notify at least sixty (60) days before such Games and Digital Goods & Services become unavailable. Notification may be via our websites, push notification, alert, email, or other messages. In such an event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of our Games and/or Digital Goods & Services unless required by law.
22.1 Acting reasonably, we may suspend, restrict or terminate your access and license to the Games, Virtual Items and/or any other part of the Digital Goods & Services and consequently suspend or terminate the access and licence granted to you under these Terms, if:
22.1.1 you breach of any of the restrictions or provisions in these Terms;
22.1.2 for reasons of a system failure, maintenance or repair or due to events beyond our reasonable control; and/or
22.1.3 we decide to withdraw the Game(s), Virtual Items and/or any other part of the Digital Goods & Services from the market for any reason in our sole discretion, acting reasonably;
22.2 We will always do our best to give you an initial warning rather than moving straight to terminating or deleting your access to our Games, Virtual Items and/or any other Digital Goods & Services. But if you have seriously breached our Terms or have been issued with previous warnings, we may then move to terminating our contract with you under these Terms and your licence to access our Games, Virtual Items and/or any other part of the Digital Goods & Services. Under such circumstances we will notify you in writing by email or within the app, website or other part of the Digital Goods & Services as appropriate. Upon termination the rights and the licence granted herein will terminate and you must cease all use of the applicable Games, Virtual Items and/or any other part of the Digital Goods & Services. If we decide to withdraw any Game(s), Virtual Items and/or any other part of the Digital Goods & Services from the market, we’ll do our best to notify our users (via our website, or via email, push notification or text) at least sixty (60) days prior to withdrawing access.
Our Digital Goods & Services may include hyperlinks to third-party websites and services. We do not control these websites and services and are not responsible for their content or for their collection, use or disclosure of your personal information. If you access our Digital Goods & Services through a third party platform or site, you may be required to comply with their terms and conditions in addition to these Terms.
24.1 OUR GAMES AND DIGITAL GOODS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE PROVIDE NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES THAT YOU WILL BE ABLE TO ACCESS OR USE OUR GAMES OR DIGITAL GOODS AND SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT OUR GAMES OR DIGITAL GOODS AND SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES. ACCORDINGLY, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OF OUR GAMES AND DIGITAL GOODS AND SERVICES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF OUR GAMES AND DIGITAL GOODS AND SERVICES. WE ALSO MAKE NO GUARANTEE THAT OUR GAMES AND DIGITAL GOODS AND SERVICES WILL WORK WITH OR CAN BE ACCESSED ON ANY PARTICULAR DEVICES, PLATFORMS, OPERATING SYSTEMS OR EQUIPMENT, OR IN CONJUNCTION WITH ANY PARTICULAR SOFTWARE OR CONNECTIVITY DIGITAL GOODS AND SERVICES. WE DO NOT ACCEPT RESPONSIBILITY FOR SUCH EQUIPMENT, SOFTWARE OR DIGITAL GOODS AND SERVICES. YOU ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL LOSSES AND DAMAGES, INCLUDING LOSS OF DIRECT AND INDIRECT PROFITS, GOODWILL OR DATA IN ANY WAY ARISING.
24.2 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, OUR TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING LIABILITY FOR ANY LOSSES, COSTS, EXPENSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH A GAME OR DIGITAL GOODS AND SERVICES OR THESE TERMS SHALL NOT EXCEED (IN AGGREGATE} THE MONETARY AMOUNT EQUIVALENT TO THE FEES, RELATING TO THE GAME OR DIGITAL GOODS AND SERVICES, ACTUALLY PAID BY YOU TO US DURING THE SIX (6) MONTHS PRIOR TO THE DATE OF THE CAUSE OF ACTION FIRST ARISING. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS, OR ANY OTHER LIABILITY THAT CANNOT UNDER ANY APPLICABLE LAW BE EXCLUDED OR LIMITED.
If you require customer support or would like to report a complaint, a fault or abusive behaviour in violation of the rules set out in Section 8 and Section 12 or if you have any other questions or comments in relation to our Games, Virtual Items or Digital Goods & Services then you may contact GreatTec Support Team.
26.1 This Section offers a streamlined way to resolve disputes between you and us if they arise. Most of your concerns can be resolved by contacting GreatTec Support Team. If we cannot resolve your concern within 60 days of receiving notice of the dispute from you, both you and we agree to be bound by the procedure set forth in this section to resolve any and all disputes between us. For U.S. and Canadian residents, see section 26.8 below.
26.2 You will be responsible for all your legal costs incurred in relation to any dispute between us and fifty per cent (50%) of any arbitration costs, including fees payable to the arbitrator. This will apply notwithstanding the outcome of any Arbitration.
26.3 Claims Covered by Arbitration: All Disputes shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into these Terms. The only Disputes not covered by this section are claims regarding the infringement, protection or validity of your, our or our licensors’ intellectual property, trade secrets or copyright, trademark or patent rights.
26.4 Informal Negotiations: you and we shall first attempt to resolve any Dispute informally for at least sixty (60) days before initiating arbitration. The informal negotiations commence upon receipt of a Notice of Dispute. The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. We will send our Notice of Dispute to your billing or email address. You will send your Notice of Dispute by contacting GreatTec Support Team. Most Disputes are resolved by our GreatTec Support Team but if for whatever reason they are not able to solve the issue, you will be provided an opportunity to escalate the matter first to our responsible management team.
26.5 Binding Arbitration: If you and we cannot resolve a Dispute informally, subject to the exceptions in sections 26.3 and 26.4, you or we will have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the Singapore International Arbitration Centre (“SIAC”) according to Swiss arbitration rules and procedures (the “SIAC Rules“) as modified by these Terms. You shall be responsible for fifty per cent (50%) of all arbitration fees. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and we may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgement on the award entered by the arbitrator.
26.6 Limitations: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR OR YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person’s claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subsection is found to be unenforceable, then the entirety of these Terms to arbitrate shall be null and void and the parties acknowledge that any such claim and dispute shall be resolved exclusively by and in the courts in Zug, Switzerland and in accordance with the laws of Switzerland.
26.7 Location: if an in-person hearing is required, the hearing under section 26.5 will take place in Zurich, Switzerland and any other required hearing will take place in Zug, Switzerland. Any decision or award may be enforced as a final judgement by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement.
26.8 FOR U.S. AND CANADIAN USERS ONLY: This section 26.8 applies only to Users who reside in the U.S. or Canada and offers a streamlined way to resolve disputes between you and us if they arise. Most of your concerns can be resolved by contacting GreatTec Support Team. If we cannot resolve your concern within 60 days of receiving Notice of your dispute, both you and we agree to be bound by the procedure set forth in this section to resolve any and all disputes between us. PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES THAT YOU AND WE ARE AGREEING TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS.
26.8.1 Claims Covered by Arbitration: All Disputes shall be determined exclusively by binding arbitration unless you have opted-out pursuant to these Terms. The term “Dispute” is intended to be given the broadest possible meaning that will be enforced. If you have a Dispute that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, you and we agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. Your agreement to arbitrate survives your, or our, termination of your access to the Digital Goods & Services.
26.8.2 Exclusions from Arbitration: You and we each agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this arbitration agreement): (i) any claim or cause of action alleging actual or threatened infringement, protection or validity of your, our or our licensors’ intellectual property, trade secrets or copyright, trademark or patent rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, to the extent your claim or Dispute qualifies under applicable law, you may elect to proceed in small claims court.
26.8.3 Opt-Out Right: YOU HAVE THE RIGHT TO OPT OUT OF THIS BINDING ARBITRATION AGREEMENT AND THE CLASS ACTION WAIVER WITHIN 30 DAYS, BUT YOU MAY NOT OPT OUT OF A PRIOR AGREEMENT WITH GreatTec. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT, OR ANYONE ACTING ON YOUR BEHALF ACCEPTS, THESE TERMS UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW (the “Opt-Out Deadline”). YOU MAY OPT-OUT OF THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION BY EMAIL TO GreatTec SUPPORT TEAM. WITH THE SUBJECT LINE “Terms of Use – Opt-Out Notice.” YOUR WRITTEN NOTICE MUST INCLUDE: (1) YOUR PLAYER ID, (2) YOUR NAME, (3) YOUR ADDRESS, (4) THE EMAIL ADDRESS ASSOCIATED WITH YOUR APP STORE OR GreatTec STORE ACCOUNT, IF YOU HAVE ONE, AND (5) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. FOR THE AVOIDANCE OF DOUBT, IF YOU PREVIOUSLY AGREED TO ARBITRATE UNDER A PRIOR VERSION OF THESE TERMS, THAT AGREEMENT IS STILL BINDING ON YOU; THIS OPT-OUT RIGHT ONLY APPLIES TO THE CURRENT TERMS THAT DIFFER FROM YOUR PRIOR AGREEMENT.
In order to validly terminate the arbitration agreement, we must receive your opt out notice no later than 3 days after the Opt-Out Deadline for it to be valid. You agree that you must pursue any claim in arbitration or small claims court if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt-Out Deadline.
26.8.4 Notice of Dispute: If you have a Dispute with us, or any of our affiliates, you must send a written notice to GreatTec Support Team with the subject line “Notice of Dispute”. The informal negotiations commence upon receipt of a Notice of Dispute. The Notice of Dispute must: (a) include the player ID, full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (together, the “Required Information”). If your notice does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then the Notice of Dispute shall be without effect, and must be re-sent before any arbitration or other legal action may be initiated. This requirement is intended to inform us that you have a Dispute to be resolved. We will send our Notice of Dispute to your billing or email address. You and we agree to use best efforts to resolve any dispute promptly and in good faith, which efforts shall be a precondition to either party initiating an arbitration pursuant to these Terms. Most disputes are resolved by our customer service team but if for whatever reason they are not able to solve the issue, you will be provided an opportunity to escalate the matter first to our responsible management team member(s). You and we agree to attempt to resolve any Dispute informally, and in good faith, for at least 60 days after an effective Notice of Dispute is provided, before initiating arbitration pursuant to the terms of this section.
26.8.5 Arbitration Procedure: If you and us cannot resolve a Dispute informally, subject to the exceptions in section 26.8.2, you and we agree to have the Dispute finally and exclusively resolved by binding arbitration. The arbitration shall be administered by the American Arbitration Association (“AAA”), unless the AAA declines or is unable, then we will select an alternative arbitral forum.
We agree that we will pay all filing, administration and arbitrator fees other than the initial filing fee that you must pay to file the initial arbitration demand. If your cClaim is for less than US$1,000 we will reimburse you for the filing fee if you provide a written request for reimbursement with evidence of insufficient funds to pay the fee yourself. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing fee in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. Otherwise, we will each bear the fees and expenses of our respective attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.
Arbitration will be conducted in accordance with the AAA’s rules, including the AAA’s Consumer Arbitration Rules respectively the AAA’s Mass Arbitration Supplementary Rules (as applicable), as modified by these Terms. The AAA rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at +1-800-778-7879. The arbitration will be conducted in English by one arbitrator, who will be appointed by the AAA. For claims under US$25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you or we request an in-person or telephonic hearing, or the arbitrator determines that an in-person or telephonic appearance is required. In the case of a hearing, the presumption shall be in favour of a virtual hearing, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in a mutually convenient location. We will ordinarily request that the hearing be held in New York. You may petition the arbitrator to select an alternative location for the hearing. The arbitrator’s selection of a hearing location shall be final and binding. You agree that in the event of an in-person hearing, we or any of our employees or affiliates who are based outside of the United States and who are participating in the hearing may participate by telephone or video conference, and their physical presence will not be required.
The AAA Rules will govern payment of all arbitration fees, and we will each bear the fees and expenses of our respective attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.
Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgement on any arbitration award may be entered in any court having proper jurisdiction.
Ordinarily, pre-hearing information exchange will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your game play data and in-app purchases and communications directly about that information among you and us. Any issues regarding discovery, or the relevance or scope thereof, will be determined by the arbitrator, and the arbitrator’s determination will be conclusive.
The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favour of you individually and only to the extent necessary to provide relief warranted by your individual claim without affecting our other customers, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction. The arbitrator shall not be empowered to award punitive or exemplary damages and the parties waive any right to recover such damages, including any damages excluded by section 24 above. The arbitration decision and award shall consist of a written statement signed by the Arbitrator regarding the disposition of each claim and the relief, if any, as to each claim. Unless the parties agree otherwise, the award shall be a reasoned award and contain a concise written statement of the reasons for the award. Nothing in these Terms will prevent you from seeking public injunctive relief separately from arbitration in court pursuant to these Terms, and any such application will not be deemed incompatible with the agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and we agree that any proceedings seeking a remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the US Federal Arbitration Act.
You and we agree that any award issued by the arbitrator in excess of USD 50,000 in favor of either party, or any award which grants any form of declaratory or equitable relief that would impact GreatTec’s offering of the Digital Goods & Services to other users, may be appealed in accordance with the AAA’s Optional Appellate Arbitration Rules at either party’s election. The AAA’s Optional Appellate Arbitration Rules are available at https://www.adr.org/sites/default/files/Optional_Appellate_Arbitration_Rules_Web.pdf
26.8.6 Class Action Waiver: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR GreatTec SHALL BE ENTITLED TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY. YOU MAY ONLY ARBITRATE OR LITIGATE ON AN INDIVIDUAL CLAIMS BASIS AND FOR YOUR OWN LOSSES. UNDER THIS AGREEMENT, YOU MAY NOT PROCEED IN ARBITRATION OR COURT AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OR USE OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. YOU AND GreatTec ARE EACH WAIVING RESPECTIVE RIGHTS TO PARTICIPATE IN A CLASS ACTION. BY ACCEPTING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN ANY PAST, PENDING OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING, INCLUDING ANY PROCEEDING EXISTING AS OF THE DATE YOU AGREED TO THIS AGREEMENT.
26.8.7 Severability. This section 26.8 and its subsections apply solely to the extent permitted by law. If for any reason any provision of this section 26.8 or a portion thereof, is found to be unlawful, void, or unenforceable, that part of the Terms will be deemed severable and shall not affect the validity and enforceability of the remainder of the Terms which shall continue in full force and effect. To the fullest extent allowable by law and equity, the parties agree that any such provision may be blue-penciled or otherwise construed by the forum presiding over any dispute to give effect to the intent of the parties and consistent with the overall purpose and intent of the agreement, and may be deemed replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
26.8.8 Batch Arbitration. To increase efficiency of resolution, in the event 20 or more similar arbitration demands against GreatTec, presented by or with the assistance of the same law firm or organization or group of law firms or organizations working in coordination, are submitted to AAA in accordance with the rules described above within a 6-month period, AAA shall consolidate those arbitrations as contemplated in the AAA Rules by (a) grouping the arbitration demands into batches of no more than 25 demands per batch (plus, to the extent there are fewer than 25 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (b) providing for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. For avoidance of doubt, consolidation does not require that all arbitrations in a single batch be decided the same, nor does it impair your right to present any evidence or argument that you think particular to your case, so long as consistent with the AAA Rules. You agree to cooperate in good faith with GreatTec and AAA to implement such a batch approach to resolution and fees.
26.8.9 Separate Agreement. For U.S. residents, You and we acknowledge and agree that the agreement to arbitrate under this section 26.8 is a separate agreement between the parties governed by the Federal Arbitration Act (“FAA”), and that any alleged or determined invalidity or illegality of all or any part of the Terms shall have no effect upon the validity and enforceability of this agreement.
26.8.10 By signing a demand for arbitration, a party certifies, to the best of their knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law (including attorney’s fees) for either party’s violation of this requirement.
26.8.11 Jury Waiver: EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE DIGITAL GOODS & SERVICES OR ANY TRANSACTIONS BETWEEN THE PARTIES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY.
27.1 Supplemental Terms
Supplemental Terms will be presented to you in connection with the applicable Digital Goods & Services. Any Supplemental Terms are in addition to these Terms and, in the event of a conflict, the Supplemental Terms will prevail over these Terms. These Terms, any Supplemental Terms and any document incorporated by reference constitute the entire agreement between you and us and supersede any previous terms between us in relation to such matters. The limitations, exclusions and restrictions in these Terms shall pass to the benefit of our licensors, successors and assigns.
27.2 Language
These Terms are drafted in the English language and may be translated into other languages. The English language version of these Terms shall prevail if there is a conflict or inconsistency or clarification required with other language Game versions.
27.3 General
The headings in these Terms are for ease of reference only and shall be disregarded in construing or interpreting the Terms. If we fail to enforce any provision of these Terms, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these Terms is found by a court to be invalid, we agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect. We may transfer all or part of our rights or duties under these Terms provided we take reasonable steps to ensure that your rights under these Terms are not prejudiced. As these Terms are personal to you, you may not transfer any of your rights or duties under it without our prior written consent. A person who is not a party to these Terms shall have no rights to enforce any of its terms.
27.4 Governing Law and Jurisdiction
These Terms are governed by the laws of Switzerland. You and we both agree that the courts of Switzerland will have exclusive jurisdiction in relation to any dispute connected with these Terms, the Games, and Digital Goods & Services.
We may provide you with emails, text messages, push notifications, alerts and other messages related to our Games and Digital Goods & Services, such as enhancements, offers, products, events, and other promotions. After downloading our Games, you may, depending upon the device, be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from our Game, you may opt out by changing your notification settings on your device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request to GreatTec Support Team.
Force majeure means any cause or event beyond the reasonable control of the affected party including without limitation war, civil war, armed conflict or terrorist attack, nuclear, chemical or biological contamination, pandemic, strikes, civil action, unavailability of the internet, unscheduled hosting and maintenance to systems, power and data losses and acts of God. We shall not be obliged to perform our obligations under these Terms to the extent that we are prevented from doing so by reason of an event of force majeure. Performance of these Terms may cease during the continuation of the force majeure event and for such time after that event ceases as is necessary for us to start satisfying our obligations again. For so long as such force majeure event is continuing, our corresponding obligations under these Terms shall be suspended to the same extent. If such force majeure continues for a continuous period in excess of four months we may terminate access to the applicable Games, Virtual Items or Digital Goods & Services immediately on service of notice to you.
