Terms of Service

Effective Date: April 14, 2025

Contents

The terms of service set out herein ("Terms of Service") form an agreement that governs the relationship between you and Spectarium Oy, a Finnish company (business ID 3100367-7) having its registered office at Torikatu 21, 90100 Oulu, Finland, (hereinafter "Spectarium" or "Us" or "Our" or "We") regarding your use of Our games, store, sites and related services (the "Service"). Use of the Service is also governed by Spectarium's Privacy Policy and other relevant policies, which are incorporated herein by reference.

Prior to accessing or using the Service—including, without limitation, browsing any related website, accessing any related service, accessing any game or creating an account or utilizing any game functionality—you must review and accept these Terms of Service (the “Terms”) as well as the Privacy Policy. To access parts of the Service, you will be required to register an account on the Service (the “Account”). By registering for, accessing, or otherwise using the Account or the Service, you represent and warrant that you have the legal authority to accept these Terms of Service and that you have reached the age of majority in your jurisdiction of residence. If you do not meet these requirements or otherwise lack the authority to agree, you represent and warrant that your legal guardian or other holder of parental responsibility has reviewed and consented to these Terms on your behalf.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Unless otherwise expressly stated, the Services are provided free of charge for download and use. Certain features within the Services, however, may require payment. You acknowledge that an internet connection may be necessary to access or utilize the Services, and you agree that all related internet or mobile data fees or any other cost are your sole responsibility.

If you access the Services from a third-party platform, including but not limited to, Google Play, Apple Appstore or another platform or website, you agree to comply with the platform’s terms of service as well as these Terms of Service.

IMPORTANT NOTICE: For U.S. and Canadian residents, you also agree that disputes with Spectarium must be resolved on an individual basis through final and binding arbitration as set out in Section 13 (“Dispute Resolution”).

Spectarium reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant policies at any time by posting the amended terms on the Service. We may publish additional policies related to specific Services such as forums, contests, or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service. You will be deemed to have accepted such changes, or supplemental terms or policies by continuing to use the Service or part therein. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Privacy Policy, or any other policy, guidelines, rules or codes of conduct relating to your use of the Service, your right to use the Service shall immediately terminate, and you must immediately stop using the Service. 

Spectarium may issue additional terms, policies, guidelines or rules related to any individual Service or specific components of the Service (including, but not limited to, forums, contests, sweepstakes, or loyalty programs). Your right to use the Services is subject to such relevant terms and policies as well as these Terms of Service.

1. Rights & Obligations in the Service

    1. Right to use

      1. Subject to your acceptance and ongoing compliance with these Terms of Service and all other relevant policies, and unless otherwise stated, you are granted a non-exclusive, non-transferable, non-sublicensable, revocable, and limited right and license to access and use the Service for personal, non-commercial purposes. You agree not to use the Service for any other purpose beyond those expressly stated. Furthermore, you accept full responsibility for any unauthorized use of the Service by minors or a person under your guardianship. You are also responsible for any use of your credit card or any other payment instrument by minors or persons under your guardianship.

    2. Limitations & Code of Conduct

      1. The following restrictions apply to the use of the Service. Any use of the Service in violation of these limitations is strictly prohibited, can result in the immediate revocation of your limited right and may subject you to liability for violations of law. 

      2. You agree that you will not, under any circumstances:

        1. Conflict with Service Intent

          1. Engage in any conduct deemed by Us to conflict with the spirit or intent of the Service or misuse any support services provided.

        2. Cheating & Unauthorized Acts

          1. Use or participate (directly or indirectly) in cheats, exploits, automation software, emulators, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Service.

          2. Modify—or cause to be modified—any files that are part of the Service without Our express written consent.

          3. Create multiple accounts in order to, including but not limited to, exploit and/or abuse the Service in any way or to engage in any illegal acts.

        3. Unauthorized Access or Reverse Engineering

          1. Attempt to gain unauthorized access to the Service, user Accounts, or the computers, servers, or networks connected to the Service by any means including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Service.

          2. Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any software or intellectual property used to provide the Service.

        4. Disruptive or Malicious Acts

          1. Disrupt, interfere with, or adversely affect the normal operation of the Service or other users’ experience, including (without limitation) using win trading or other ranking manipulation, exploiting errors in the Service, or otherwise abusing its design.

          2. Disrupt, overburden, or assist in disrupting or overburdening any server or computer supporting the Service.

          3. Institute, assist, or become involved in any type of cyberattack (e.g., distribution of viruses, denial-of-service attacks) intended to disrupt the Service or another person’s use or enjoyment of it.

          4. Use the Service or any feature there in, for illegal, fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Service or use the Service or any part thereof for any illegal purposes or acts.  

          5. Harvest or attempt to harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.

        5. Prohibited Account Transactions

          1. Purchase, sell, rent, or give away your Account—or attempt to do so—or create an Account using a false identity or false information, or on behalf of someone else.

          2. Use the Service if you have previously been removed by Us or banned from any of Our Services.

        6. Offensive or Unlawful Content and Communications

          1. Post or share information or content that contains nudity, excessive violence, is abusive, threatening, obscene, defamatory, harassing, libelous, or racially, sexually, religiously offensive or otherwise objectionable, or repeatedly post unsolicited or offensive content.

          2. Post or solicit any commercial advertisements (including chain letters, junk mail, spam, pyramid or other get-rich-quick schemes), or transmit repetitive or misleading messages.

          3. Engage in ongoing toxic behavior or harass, abuse, or harm (or attempt or incite such harassment, abuse, or harm) against another person or group, including Our employees or affiliates.

        7. Intellectual Property Infringement

          1. Make available through the Service any material that infringes any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other right of a person or entity.

          2. Impersonate any person or entity, including a Spectarium employee.

        8. Personal Data and Privacy Violations

          1. Solicit or attempt to solicit login credentials or other personal information from other users.

          2. Collect or disclose private information (e.g., identification documents, financial data) about any individual without their consent.

        9. Legal Compliance

          1. Use the Service in any way that would violate applicable laws or regulation, including but not limited to export controls, anti-money laundering rules, economic sanctions, or similar laws and regulations, including (but not limited to) those imposed by the United States or the European Union.

      3. We reserve the right to determine what conduct is considered to be in violation of the limitation set out herein or otherwise outside the intent or spirit of these Terms of Service or the Service itself. We reserve the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

    3. Suspension and Termination

      1. Without limiting any other available remedies, Spectarium may limit, suspend, terminate, modify, or delete Accounts, or restrict access to the Service (or any portion thereof), with or without notice, in the following circumstances:

        1. If you are, or Spectarium suspects you are, violating these Terms of Service; or

        2. For any actual or suspected illegal or improper use of the Service.

      2. In such cases, you may lose your username and persona, as well as any benefits, privileges, and virtual items (whether earned or purchased) linked to your use of the Service. Spectarium is under no obligation to compensate you for any resulting losses.

      3. Without limiting its other remedies, Spectarium may also limit, suspend, or terminate the Service and Accounts (in whole or in part), prohibit access to its games and sites (and their content, services, and tools), remove hosted content, or take other technical and legal steps to prevent users from accessing the Service if it believes they pose a risk or potential legal liabilities, infringe third-party intellectual property rights, or act contrary to the spirit or letter of these Terms or any related policies. In addition, Spectarium may, at its sole discretion and in appropriate circumstances, suspend or terminate the Accounts of users who repeatedly infringe third-party intellectual property rights.

      4. Spectarium reserves the right to terminate any Account that remains inactive for 180 days.

      5. Moreover, Spectarium may cease offering or supporting the Service (or any specific game or portion thereof) at any time, at which point your right to use the Service (or that specific game or portion) will automatically terminate. In such cases, Spectarium is not required to provide refunds, benefits, or other compensation. Termination of your Account may include disabling your access to the Service or any part of it, including content submitted by you or others.

      6. You retain the right to terminate your own Account at any time and for any reason by following the instructions on our support page, located at https://support.Spectarium.Games/, and notifying Spectarium of your decision.

    4. Availability, Compatibility & Updates

      1. Spectarium does not guarantee the Services will be available at all times or remain available indefinitely. Temporary unavailability may occur due to technical issues or maintenance, whether scheduled or unscheduled. Further, some parts of the Services may be designed for a limited duration (e.g., seasonal content or early access to a development version), or their availability may change in response to new technologies or shifts in consumer behavior.

      2. Accordingly, Spectarium reserves the right to discontinue offering or supporting the Services (or any portion thereof), at any time, causing your license and right to use those Services (or portions) to terminate automatically. Unless otherwise required by applicable law, Spectarium is not obligated to provide refunds for the Services or any Virtual Items in such cases. Where reasonable, Spectarium will make efforts to give advance notice of any discontinuation of the Services or parts thereof. However, Spectarium may limit, suspend, or terminate the Services (or any portion) without notice, and take technical and legal measures to prevent access if it determines you or any other user(s) pose a risk of legal liability, infringe third-party intellectual property rights, or fail to comply with the letter or spirit of these Terms of Service.

      3. Compatibility of the Services may vary across devices and operating systems, and you bear responsibility for verifying that the Services are compatible with your device and Operating System. Generally, compatibility details are provided upon first use or download (e.g., in the relevant app store).

      4. Because the Services are designed to evolve, Spectarium may change, maintain, modify, or update the Services (or any parts, including virtual items) from time to time. Such updates may involve adding, removing, or altering content or features (e.g., introducing or removing gameplay modes or areas, or changing the appearance or attributes of virtual items). Spectarium, in its sole discretion, may undertake these changes as it deems necessary to maintain or improve the Services—such as implementing new technologies, adjusting for changes in third-party agreements, preventing abuse or technical problems, and complying with legal or regulatory requirements.

      5. If changes are made to the Services, you may be required to download and install an update. Failure to do so may prevent you from accessing the Services or their features, including online components that may only be available in the latest version.

2. Ownership

    1. Game & Services

      1. Except as set forth above regarding your right to use the Service, you do not receive any other license. Spectarium retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialogue, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, in each case whether registered or not and all applications thereof. Unless expressly authorized by applicable law, the Services may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without Our prior written consent. Spectarium reserves all rights not expressly granted to you herein.

      2. The Service and their content are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Services, including, but not limited to, the Virtual Items appearing in or originating from the Services, whether earned in the Services or purchased from Spectarium or its authorized partners, unless specifically stated otherwise.

    2. Accounts and Login Information

      1. You may be required to select a password for your Account, or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Spectarium and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account. You agree to compensate Us for any losses or harm that result from your failure to keep your Login Information confidential.

      2. NOT WITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SPECTARIUM. 

      3. We reserve the right to remove, delete or reclaim any Account or username at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights. In such event, you may no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you.

      4. Despite any contrary provision in these Terms, you acknowledge and agree that you have no ownership or property interest in the Account. All rights in and to the Account remain with and vest solely in Spectarium.

    3. Virtual Content

      1. Spectarium owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual items, content, features, goods, services or currency appearing or originating in any Service, whether earned in a game or purchased from Us, or any other attributes associated with an Account or stored on the Service. Spectarium may provide a separate Marketplace for certain Virtual Items in the Service which will be exclusively governed by the Marketplace Terms  

3. Purchases in the Services

    1. In the Service you may be able to purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable right to use (a) in-game currency or similar items including but not limited to virtual currency, all for use in Service; (b) virtual in-game items, content or features; and (c) other goods or services (points a – c are jointly referred to as "Virtual Items"). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way. Services also may include access to a separate Marketplace. Terms related to purchases made within said Marketplace shall be covered by the Marketplace Terms.

    2. You expressly agree that we will start the performance of the purchase agreement of Virtual Items or any other digital content before the expiration of any statutory withdrawal period defined in applicable laws. You give explicit prior consent that the content you have purchased will be delivered to you before the withdrawal period ends and you thereby lose the statutory right of withdrawal.

    3. Spectarium may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. To the fullest extent under applicable law, Spectarium shall have no liability to you or any third party in the event that We exercise any such rights.

    4. Spectarium reserves the right to revoke, delete, or remove any Virtual Items obtained through unauthorized means, including but not limited to cheating, exploiting system vulnerabilities, using multiple or spoof accounts, fraudulent payment methods, or any other actions that circumvent our intended processes or abusing such processes, including but not limited to the Right of Withdrawal as set out herein. If you are found to have engaged in such activities, we may take corrective action, including account suspension or termination, at our sole discretion.

    5. If your account balance, including but not limited to in-game currency, virtual currency, or any other form of value equivalent to in-game currency within the Service, becomes negative, we reserve the right to restrict, limit, or deny access to the Service until the balance is corrected.

    6. The transfer of Virtual Items is prohibited except where expressly authorized in the Service or relevant terms. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to Spectarium, another user or any third party.

    7. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE EXCEPT WHERE REQUIRED UNDER APPLICABLE LAW. 

    8. The provision of Virtual Items for use in Services is a service provided by Spectarium that commences immediately upon acceptance by Spectarium of your purchase.

    9. You agree to pay all fees and applicable taxes incurred by you or by any individual using an Account registered in your name. Spectarium may adjust the pricing for Virtual Items offered through the Service at any time. YOU ACKNOWLEDGE THAT SPECTARIUM HAS NO OBLIGATION TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE ANY MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS UPON THE CLOSURE OF AN ACCOUNT, WHETHER VOLUNTARY OR INVOLUNTARY.

4. Right of Withdrawal

    1. Right to Withdraw from These Terms of Service

      Where applicable, you may have the right to withdraw from these Terms of Service within 14 days from the day you agreed to them, without providing any reason. To do so, you must inform Spectarium of your decision by sending a clear statement of withdrawal to refunds@Spectarium.games and discontinue any use of the Services. The deadline is met if you send your notice before the 14-day period expires. 

    2. Right to Withdraw from a Purchase

      1. You may also have the right to withdraw from purchase of a Virtual Item or a Service within 14 days from the day of purchase, without giving any reason, from the merchant of record. For the avoidance of doubt this may be either Spectarium or the authorized partner depending on the platform you access the Service through and made the purchase from.

      2. However, if you request or consent to the immediate delivery of any Virtual Item or Service (i.e., if the content or service is fully provided during the withdrawal period) and acknowledge that doing so forfeits your right of withdrawal, then you will not be entitled to withdraw from that purchase.

      3. How to Exercise Your Right to Withdraw from a Purchase

        1. If you wish to withdraw from your purchase, you must inform the merchant of record, which may be Spectarium or an authorized partner, depending on whom you purchased from. For the avoidance of doubt, Spectarium is not able or required to fulfill your withdrawal request if it is not the merchant of record.

        2. To inform Spectarium of your decision to withdraw (when Spectarium is the merchant of record), send a clear statement to refunds@Spectarium.games. Again, the withdrawal deadline is met if you send your statement before the 14-day period expires.

      4. Consequences of Withdrawal

        1. If you properly withdraw from the purchase of a Virtual Item or Service, you are entitled to reimbursement of relevant payments without undue delay, and in any event no later than 14 days from the day on which you informed the merchant of record of your decision, subject to the terms of the merchant of record.

        2. The reimbursement will use the same means of payment you used for the initial transaction, unless otherwise agreed. You will not incur any fees as a result of such reimbursement.

        3. To clarify, if you exercise the right and a reimbursement is given, the corresponding Virtual Item or other virtual content that the reimbursement applies to, will be removed from your account.

      5. Loss of Right to Withdraw

        1. Once the content or Service is fully provided at your request (e.g., if you choose immediate delivery), you acknowledge that you waive your right of withdrawal.

        2. If the Service has been partially provided, you will not be reimbursed for any portion already delivered.

      6. Additional Waivers

        1. Some Services may require you to agree to a separate waiver of the right of withdrawal before purchase. If you consent to such a waiver, you acknowledge that you forfeit any applicable withdrawal rights for that particular Service.

      7. By exercising any applicable right of withdrawal under this Section, you agree to the conditions stated above.

5. User Content & Interactions

    1. Definition of User Content

      1. “User Content” includes any content that you create, submit, upload, transmit, or otherwise make available through the Services, such as gameplay maps, profiles, fan art, characters, items, screenshots, video or audio recordings of your gameplay, and other materials or communications.

      2. “User Communication” includes chat text, audio communication, video communication or any other form of communication between the user and other users, Us or third parties.

    2. Ownership and License

      1. By using the Services and submitting any User Content and/or User Communication, you affirm, represent, and warrant that your User Content or User Communication:

        1. is accurate and not confidential or misleading;

        2. does not violate any laws, contractual restrictions, or third-party rights, and that you have obtained any necessary permissions or licenses for any personal information or intellectual property belonging to a third party;

        3. is free of viruses, adware, spyware, worms, or other malicious code; and

        4. may be processed by Spectarium in accordance with its Privacy Policy.

      2. In consideration of your use of the Services, you grant Spectarium a non-exclusive, royalty-free, perpetual, irrevocable, fully paid-up, worldwide, transferable, and sub-licensable right and license to use your User Content in any manner and for any purpose. This includes, but is not limited to, the rights to reproduce, modify, adapt, create derivative works, display, perform, publish, broadcast, transmit, distribute, and otherwise exploit your User Content in connection with the Services or related offerings (e.g., marketing and promotions).

      3. Where permissible under applicable law, you waive any moral rights (including rights of attribution and integrity) you may have in your User Content with respect to Spectarium’s use of that User Content. This waiver survives any termination of these Terms of Service.

    3. Unsolicited Content

      1. Spectarium and its directors, officers, and employees do not accept or consider unsolicited ideas or product submissions (e.g., game ideas, stories, artwork, musical compositions, concepts, or other creative materials) in any format or via any transmission method (“Unsolicited Content”).

      2. If you submit Unsolicited Content to Spectarium (or its directors, officers, or employees), you agree it will not be treated as confidential, regardless of any statement to the contrary. You further agree Spectarium may use or exploit such Unsolicited Content without compensation to you or any third party.

      3. You grant Spectarium a perpetual, non-exclusive, irrevocable, fully paid-up, royalty-free, worldwide license (with the right to sublicense and transfer) to use, reproduce, transmit, modify, display, and exhibit Unsolicited Content, and to create derivative works from it, in any current or future media for any purpose.

    4. Monitoring, Consent and Content Removal

      1. User Communications should not be considered private. We reserve the right to monitor and/or record your communications (including without limitation chat text or voice communications) when you are using the Service, and you hereby provide your irrevocable, express consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content and/or User Communication, including without limitation chat text or voice communications. Because voice chat and other communications may be viewed and/or heard by other users, users should avoid revealing any personally identifiable information. Additionally, We may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities consistent with Our Privacy Policy available at https://www.spectarium.games/privacy-policy.

      2. Spectarium assumes no responsibility for the conduct of other users or for any User Content or User Communication they submit. Spectarium does not, and cannot, pre-screen or monitor all User Content or User Communication. Your use of the Services is at your own risk, and you may be exposed to content that you find offensive or otherwise objectionable.

      3. Spectarium reserves the right, in its sole discretion, to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any User Content and/or User Communication at any time, with or without notice, for any or no reason. However, Spectarium is not obligated to monitor or modify any content submitted by users, and disclaims all responsibility for such content.

      4. By using the Services, you acknowledge and agree that Spectarium (or its representatives or technology) may monitor or record your interactions (including text chat, video chat or voice communications) and that you have no expectation of privacy regarding any communications or User Content and/or User Communication you submit.

    5. User Interactions and Disputes

      1. You are solely responsible for your interactions with other users of the Services and with any other parties you encounter through the Services. Spectarium has no obligation to become involved in disputes between users, but reserves the right to do so at its sole discretion.

      2. If you have a dispute with one or more users, you release Spectarium (and its officers, directors, agents, subsidiaries, joint ventures, shareholders, and employees) from any and all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way related to such disputes.

    6. Public Discourse and Responsibility for Your Own Content

      1. The Services may include forums, blogs, chat features, or other public areas where you can post User Content and/or or User Communication. If you have ideas or information that you want to keep confidential or do not wish others to use, you should not post them in these public areas. Spectarium is not responsible for evaluating, using, or compensating you for any ideas or information you choose to submit.

      2. You remain solely responsible for the content you post or make available on or through the Services. Spectarium may refuse to post or remove any User Content and/or User Communication at its sole discretion, including content that violates these Terms of Service.

6. Disclaimer

    1. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES, ASSURANCES, OR GUARANTEES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. SPECTARIUM DOES NOT WARRANT OR GUARANTEE THAT: THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING, THE SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, ANY DEFECTS OR ERRORS WILL BE CORRECTED, THE SERVICE WILL INTEROPERATE OR BE COMPATIBLE WITH OTHER SOFTWARE, HARDWARE, OR SERVICES; OR THAT THE SERVICES OR ANY SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

      FURTHERMORE, NO ORAL OR WRITTEN ADVICE PROVIDED BY SPECTARIUM, ITS EMPLOYEES, OR OTHER REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND.

    2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND WILL ONLY APPLY TO THE EXTENT PERMITTED BY YOUR LOCAL LAWS. NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO LIMIT ANY STATUTORY CONSUMER RIGHTS YOU MAY HAVE UNDER THE LAWS OF YOUR JURISDICTION. SPECIFICALLY, IF YOU ARE A CONSUMER BASED IN THE EUROPEAN ECONOMIC AREA (EEA), YOU HAVE A LEGAL GUARANTEE OF CONFORMITY. UNDER THIS GUARANTEE, SPECTARIUM MAY BE LIABLE FOR ANY LACK OF CONFORMITY YOU DISCOVER: WITHIN TWO YEARS FROM THE ONE-TIME SUPPLY OF THE SERVICES (E.G., THE SUPPLY OF A VIRTUAL ITEM); OR AT ANY TIME DURING THE CONTINUOUS SUPPLY OF THE SERVICES. THESE PROVISIONS DO NOT AFFECT ANY ADDITIONAL LEGAL RIGHTS THAT MAY APPLY IN YOUR JURISDICTION.

7. Limitations of Liability & Indemnity

  1. To the fullest extent permitted by applicable law, in no event shall Spectarium be liable for any special, incidental, or consequential damages arising from or related to your access to, use of, or inability to use the Services. This includes, but is not limited to, damages to property, loss of goodwill, device failure or malfunction, and, to the extent permitted by law, damages for personal injuries, property damage, lost data, business interruption, lost profits, or punitive damages, regardless of the legal theory (tort, negligence, contract, strict liability, or otherwise) and whether or not Spectarium has been advised of the possibility of such damages.

  2. To the extent not prohibited by law, in no event shall Spectarium’s total aggregate liability under or in connection with these Terms of Service, the Privacy Notice, or the Services exceed the greater of:

    1. The amount that you have paid for the license to use Virtual Items or the Service, to Spectarium in accordance with these Terms of Service in the three (3) months immediately preceding your first assortment of your claim; or

    2. One hundred euros (€100).

    Furthermore, you acknowledge and agree that if you have not paid anything to Spectarium during such a time period, your sole remedy (and our exclusive liability) for any dispute with us is to stop using the service and to cancel your account.

  3. These exclusions and limitations are fundamental elements of the agreement between you and Spectarium. For purposes of this Limitations of Liability section, Spectarium’s licensors and partners are third-party beneficiaries who may enforce these Terms of Service against you.

  4. Some jurisdictions do not allow the limitation or exclusion of certain liabilities. Accordingly, the limitations set forth above apply only to the extent permitted by the laws of such jurisdictions. Furthermore, you may have additional legal rights in your jurisdiction, and nothing in these Terms of Service is intended to limit any statutory consumer rights you may have. Nothing in these terms of service shall affect the statutory rights of any consumer or exclude or restrict any liability resulting from gross negligence or willful misconduct of Spectarium or for death or personal injury arising from any negligence or fraud of Spectarium.

  5. You agree to indemnify, defend, and hold harmless Spectarium and its subsidiaries (including their officers, directors, agents, joint ventures, shareholders, and employees) from any third-party claims, demands, damages, or other losses (including reasonable attorneys’ fees) arising out of or related to your use of the Services or any breach of these Terms of Service by you. However, this indemnification does not apply where the third-party claim is not attributable to your intentional or negligent conduct.

8. Third Party Services

    1. The Services may link to or otherwise make available third-party products or services, including, but not limited to, third-party advertisements, connections to social media or community platforms, or gameplay recording or sharing services. These products and services are governed by the respective third party’s terms and conditions. Please review those third-party terms and conditions carefully as they form an agreement between you and the relevant third-party provider, to which we are not a party. You acknowledge that Spectarium neither endorses nor makes any representations or warranties regarding the content, goods, or services provided by these third parties. We shall not be liable for any losses or harm caused by such third parties or for any charges you incur in relation to them. You further understand that when you provide data to these third parties, you do so in accordance with their privacy policy (if any), and Spectarium’s Privacy Policy does not apply to that data.

9. Governing Law

    1. If you are a resident of the United States or Canada: (1) the United States Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of the agreement to arbitrate and no class actions provisions of Section 13, and (2) any dispute arising out of or related to these Terms of Service, the Privacy Policy, any supplemental policy or the Service shall be governed in all respects by the laws of the State of California, USA without regard to the conflict of law provisions. 

    2. If you are a resident outside of the United States and Canada, you agree that any claim or dispute arising out of or related to these Terms of Service, the Privacy Policy, or the Service shall be governed by the laws of Finland without regard to the conflict of law provisions.

10. Dispute Resolution

    1. General

      1. Spectarium and you agree that the processes for dispute resolution described in this agreement will apply to any dispute or claims related to these Terms of Service, the Privacy Policy, or the Service or any other Service related term or policy. Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims, arising at any time, including before we entered into this agreement. Processes for dispute resolution will apply even if you stop using your Account, delete your Account, or stop using the Service.

      2. Sections 10.2 to 10.8 apply to you if you are a resident of the United States or Canada. They do not apply to you if you are a resident of any other country.

    2. Informal Dispute Resolution

      1. If customer support cannot resolve your issue, you and Spectarium agree to attempt to resolve any dispute informally for at least 30 days before initiating arbitration. This process begins when you send a written notice of dispute (“Dispute Notice”) to legal@spectarium.games, including your name, relevant Service account name(s) or ID, mailing address, preferred contact method, a description of the dispute, and your desired resolution. If Spectarium has a dispute with you, it will send its Dispute Notice to the email address associated with your account. During this period, all applicable statutes of limitations are tolled from the day the Dispute Notice is received until either arbitration is filed or 30 days have passed, whichever is earlier (except in the case of a Mass Arbitration, as described separately). If the dispute cannot be resolved through this informal process, either you or Spectarium may initiate arbitration under these Terms of Service. In cases where Spectarium cannot identify an email or billing address for your account, this informal resolution requirement does not apply, and Spectarium may proceed directly to arbitration.

    3. Arbitration

      1. You and Spectarium agree to resolve any disputes exclusively through final and binding individual arbitration as described below:

      2. Either you or Spectarium may elect to submit any dispute to final and binding arbitration, unless the claim falls under one of the exceptions noted below. Such arbitration proceedings shall take place on an individual basis only, meaning the dispute is strictly between you and Spectarium. If you or Spectarium files a claim in court that is subject to arbitration under this section, either party may request the court to compel arbitration. The arbitrator will have sole authority to determine whether any part of Section 10 (“Dispute Resolution”) is valid, enforceable, or applicable to a particular claim.

      3. Arbitration will take place before a single, neutral arbitrator. By agreeing to arbitration, you and Spectarium agree to waive the right to a trial before a judge or jury to resolve the dispute. Arbitration differs from traditional litigation, particularly regarding the extent of discovery (i.e., each party’s ability to obtain information). Once the arbitrator reaches a decision, that determination is final. You or Spectarium may request that the arbitrator issue a written decision or award outlining the reasons behind it. Either party can then ask a court to confirm or enter the arbitrator’s final decision or award, giving it the effect of a court judgment. In general, neither you nor Spectarium can alter the outcome of arbitration through subsequent court proceedings, except in very limited circumstances.

    4. Arbitration Process

      1. The arbitration will be run by the American Arbitration Association (“AAA”). AAA’s rules and procedures will be used for the arbitration, including the Consumer Arbitration Rules. But if there is a conflict between these Terms of Service and AAA’s rules and procedures, then we will follow these Terms of Service. To review AAA’s Rules or to start arbitration, you can go to AAA’s website. If Spectarium decides to start arbitration, we agree to provide the other party with a written Demand for Arbitration as specified in the AAA Rules.

      2. The fees for arbitration will be determined by AAA’s Consumer Arbitration Rules. If the arbitrator decides that those fees are excessive, Spectarium will pay the fees. Each side will pay their own attorneys’ fees and costs unless the claims allow the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the AAA Rules or applicable law. If either party challenges the validity of the arbitrator’s decision or award through a subsequent court case, that party will pay its own costs and attorneys’ fees associated with the challenge.

      3. The arbitration will take place either in San Francisco, California, USA, in the county or province where you reside, or virtually.

    5. Exceptions to Arbitration

      1. You and Spectarium agree that the informal dispute resolution process in Section 10.2 and the arbitration agreement in Section 10.3 do not apply to disputes concerning claims regarding Spectarium’s intellectual property, including disputes to enforce, protect, or contest the validity of copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights; claims related to piracy or tortious interference; claims not subject to arbitration as a matter of law and not preempted by federal law that would otherwise permit an arbitration agreement; and claims brought in small claims court.

      2. Any dispute falling under these exceptions shall be resolved by a court of competent jurisdiction, as outlined in Section 10.10 (“Venue for Disputes Not Subject to Arbitration”).

    6. No Class Action

      1. You and Spectarium agree that any claims must be brought only on an individual basis. Accordingly, you may not bring a claim against Spectarium as a plaintiff or class member in a class, collective, or representative action, and the arbitrator cannot combine any other person’s claims with yours or preside over any class, collective, or representative proceeding. Furthermore, the arbitrator’s decision or award in your case applies solely to you and cannot be used to determine the disputes of others. If this Section 10.6 (“No Class Actions”) is deemed unenforceable or invalid, the entirety of Section 10—including Sections 10.2 to 10.8—shall be void.

    7. Mass Arbitration

      1. Mass Arbitration Cases

        1. If 25 or more similar arbitrable disputes are filed or coordinated by the same law firm or group, organizations, or with representation that is consistent or coordinated across the cases, these will be considered “Mass Arbitration Cases”, and such disputes will be administered in accordance with the AAA’s Mass Arbitration Supplementary Rules for consumer mass arbitration. You understand and agree that depending on the circumstances, if you choose to file your individual claim as part of a Mass Arbitration, the resolution of your dispute may ultimately be resolved via global mediation or proceed to a court of competent jurisdiction . Spectarium may advise the other of a belief that certain cases are Mass Arbitration Cases, and disputes over whether a case or cases meet the contractual definition will be decided by the arbitration provider as an administrative matter. Demands for arbitration filed with the arbitration provider as part of the Mass Arbitration shall only proceed as permitted by the process set forth in this Section.

      2. Tolling of Limitations

        1. Any applicable limitations periods are tolled from the date a valid Dispute Notice is received until global mediation is completed or the claim is settled, withdrawn, or otherwise resolved.

      3. Stages of the process

        1. Once the opposing party (e.g., Spectarium for disputes against Spectarium) is notified that all or substantially all Mass Arbitration Cases have been filed,with the arbitration provider, and before the so call initiation stage of the Mass Arbitration is complete, counsel for the parties shall discuss in good faith regarding the number of cases that should proceed in the arbitration as “Bellwether” cases to allow each side a reasonable opportunity to test the merits of its arguments. Only the Mass Arbitration Cases selected as Bellwethers will proceed beyond the initiation stage of the Mass Arbitration, and neither party will be required to pay per case fees for cases that are not selected. If counsel for the parties cannot agree on the number of Bellwether cases, each side shall select five (5) cases from among the claimants who have provided valid Dispute Notices, and only those selected cases will proceed beyond the initiation stage of the Mass Arbitration. If counsel for the parties cannot agree on the number of Bellwether cases and the arbitration provider (or, in the arbitration provider's discretion, a process arbitrator) determines that more than 10 Bellwether cases are warranted, the arbitration provider (or process arbitrator) may set a higher, even number of Bellwether cases not to exceed ten percent (10%) of the Mass Arbitration Cases or 500, whichever is lower. Again, each side will select half of any additional Bellwether cases.

        2. The parties agree that a limited service neutral arbitrator shall be appointed to serve in the role of a process arbitrator as described by the AAA Mass Arbitration Rules, either by the arbitration provider in its discretion, or by selection agreed by the parties. Unless the parties agree otherwise, each Bellwether case should be assigned to a different arbitrator that will decide the claim(s).

        3. Only Bellwether cases will proceed in arbitration. For a case that proceeds as a Bellwether case, you and Spectarium further agree that the following processes shall apply to make its resolution more efficient: A scheduling order setting forth deadlines across the Bellwether cases, including deadlines for submission of documents and witness lists, completion of discovery, and filing of motions, shall be implemented. The process arbitrator or limited service neutral appointed to fill that role shall oversee administrative and procedural issues common to the cases, such as discovery, choice of law, and statute of limitations, and shall also oversee disputes regarding coordination and limitations on briefing, motions, and discovery requests across the cases to avoid duplication and burden on the parties. The parties may bring dispositive motions during these proceedings. The Bellwether cases shall be heard on the documents, rather than by in-person, telephone, or videoconference hearings. Testimony via affidavit or recorded deposition shall be employed rather than requiring live witness testimony. The awards shall be in writing, executed in the form and manner required by law, and shall provide concise written reasons for the decision unless the parties agree otherwise.

        4. Once the Bellwether cases have concluded, or sooner should counsel for the parties agree, the parties will engage in a single global mediation of all remaining Mass Arbitration Cases, with Spectarium paying the applicable mediation fee. Counsel for both sides must agree on a mediator within thirty (30) days after the conclusion of the final Bellwether case, but if they are unable to agree on a mediator within this time the arbitration provider or process arbitrator will appoint a mediator as an administrative matter. The parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

      4. Effect of Unresolved Claims

        1. If the global mediation does not provide a full resolution for all Mass Arbitration Cases, this arbitration requirement shall no longer apply to the Mass Arbitration Cases that were not resolved in bellwether cases. Such cases will not proceed in arbitration and may only proceed individually in court subject to the Applicable Law (Section 9) and Venue (Section 10.10) clauses of these Terms of Service. In such cases, you consent to venue exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or Spectarium from removing a case from state to federal court if removal is allowed under applicable law. To the extent your claim is part of the Mass Arbitration claims, you further agree to waive any objection or argument that the joinder of your claim with other Mass Arbitration claimants would be impracticable. If a formerly arbitrable dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only Mass Arbitration claimants who provided compliant Dispute Notices or filed Mass Arbitration Cases.

      5. Invalidity of this section

        1. If, after all appeals, this Section is found unenforceable or invalid, then the entirety of Section 10 is void and disputes will be resolved in court, subject to Sections 9 (Governing Law) and 10.10 (Venue for Disputes Not Subject to Arbitration).

    8. Opt-Out of Arbitration & No Class Actions Provisions

      1. You may choose to opt out of, and therefore not be bound by, the Arbitration Agreement and No Class Action provisions outlined herein by sending a written notice of your decision to opt out to legal@spectarium.games with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” This notice must be sent within thirty (30) days of your first use of the Service or the date this opt-out became available, whichever is later. If you do not send the notice within that time, you will be bound to arbitrate disputes in accordance with these provisions. If you opt out, Spectarium will not be bound by them either

    9. Alternative and Online Dispute Resolution

      1. If you are a consumer based in the EU or EEA, you may seek recourse through alternative dispute resolution and refer a dispute to the consumer disputes board or other corresponding out-of-court institution in your domicile.

    10. Venue for Disputes Not Subject to Arbitration

      1. If you are a resident of the United States or Canada, you agree that any claim or dispute you may have against Spectarium that is not subject to arbitration under Section 10 must be resolved exclusively by a federal or state court located in San Francisco, California. You and Spectarium consent to venue and personal jurisdiction in San Francisco, California for all such claims or disputes.

      2. If you are a resident outside of the United States and Canada, you agree that any claim or dispute you may have against Spectarium must be resolved exclusively by a court located in Helsinki, Finland.

11. General Provisions

    1. Entire Agreement

      1. These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein, set out the entire agreement between you and Spetcarium regarding the Services and supersede all earlier agreements and understandings, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Spectarium.

    2. Severability

      1. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect. Spectarium’s failure to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

    3. Assignment

      1. Spectarium may assign these Terms of Service, in whole or in part, to any person or entity at any time, with or without your consent, as long as such assignment does not diminish your rights under these Terms. You may not assign or delegate any rights or obligations under these Terms without Spectarium’s prior written consent, and any unauthorized assignment by you shall be void.

    4. No Waiver

      1. Any failure by Spectarium to exercise or enforce any of its rights under these Terms of Service does not waive its right to enforce such right. Any waiver of such rights shall only be effective if made in writing and signed by an authorized representative of Terms of Service.

      2. The express waiver by Us of any provision, condition, or requirement of these Terms of Service, any new or supplemental policy or terms of service, or Our Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

    5. Notices

      1. We may notify you via in game message or pop-up, on our website spectarium.games, via e-mail or any other communications means you provide to us, to contact you. All notices given by you or required from you under these Terms of Service or our Privacy Policy shall be in writing and addressed to: Spectarium Oy, to support@spectarium.games.

    6. Equitable Remedies

      1. You acknowledge that the rights granted to Spectarium under these Terms are of a unique and irreplaceable nature, and that any breach or anticipated breach may cause Spectarium irreparable harm not fully compensable by monetary damages. Therefore, Spectarium shall be entitled to injunctive or other equitable relief (without the requirement to post any bond, surety, or proof of damages) in the event of such breach or anticipated breach.

      2. You irrevocably waive all rights to seek injunctive or other equitable relief against the operation of the Service or any Spectarium game, including any advertising or materials issued in connection with it, or any content or other material used or displayed through the Service. Instead, you agree that your claims, if any, shall be limited to monetary damages.

    7. Force Majeure

      1. Spectarium is not liable for any delay or failure to perform arising from factors outside its reasonable control, including, without limitation, unforeseen circumstances or causes such as acts of God, war, terrorism, riots, embargoes, actions of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation, fuel, energy, labor, or materials