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WARTORN END USER LICENSE AGREEMENT (EULA) AND PRIVACY POLICY
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
ACCEPTANCE OF TERMS. YOUR USE OF THIS SOFTWARE FOR THE GAME WARTORN™ (THE “GAME”) IS SUBJECT TO THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) AND THE TERMS SET FORTH BELOW. THE “SOFTWARE” INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ACCOMPANYING MANUAL(S), PACKAGING AND OTHER WRITTEN, ELECTRONIC OR ON-LINE MATERIALS OR DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND ITS MATERIALS. BY OPENING THE SOFTWARE, INSTALLING, AND/OR USING THE SOFTWARE AND ANY OTHER MATERIALS INCLUDED WITH THE SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS LICENSE WITH STRAY KITE STUDIOS LLC (“LICENSOR”).
LICENSE GRANT. Subject to this Agreement and its terms and conditions, LICENSOR hereby grants you the non-exclusive, non-transferable, limited right and license to use one copy of the Software for your personal, non-commercial use on a single home or portable computer. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale or transfer of any rights in the Software. All rights not specifically granted under this Agreement are reserved by LICENSOR and, as applicable, its licensors.
OWNERSHIP. LICENSOR retains all right, title and interest to this Software, 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, sounds effects, musical works, and moral rights. The Software is protected by United States copyright law and applicable copyright laws and treaties throughout the world. The Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without the express prior written consent from LICENSOR. Any persons copying, reproducing or distributing all or any portion of the Software in any manner or medium, will be willfully violating the copyright laws and may be subject to civil and criminal penalties. Be advised that copyright violations are subject to penalties of up to $100,000 per violation. The Software contains certain licensed materials and LICENSOR’s licensors may protect their rights in the event of any violation of this Agreement.
RESTRICTIONS. You may not, under any circumstances:
Commercially exploit the Software;
Distribute, lease, license, sell, rent or otherwise transfer or assign this Software, or any copies of this Software, without the express prior written consent of LICENSOR;
Make copies of the Software or any part thereof, except for back up or archival purposes;
Except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one computer, computer terminal, or workstation at the same time;
Copy the Software onto a hard drive or other storage device (although the Software may automatically copy a portion of itself onto your hard drive during installation in order to run more efficiently);
Use or copy the Software at a computer gaming center or any other location-based site;
Reverse engineer, decompile, disassemble or otherwise modify the Software, in whole or in part;
Alter, merge, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Game;
Use the Game for any commercial purpose or for any public display or public performance;
Remove, disable, circumvent, or modify any proprietary notices or labels or security technology contained on or within the Software; and/or
Transport, export or re-export (directly or indirectly) into any country forbidden to receive such Software by any US export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time.
PATCHES AND UPDATES. Stray Kite Studios LLC may apply patches, updates and modifications (collectively, “Updates”) to the Software at any time, including Updates to the Game Client installed on your device. You agree that Stray Kite Studios LLC may deploy and install updates remotely, with or without your knowledge, and you hereby provide your consent for Stray Kite Studios LLC to download and apply such Updates.
SEIZURE WARNING. A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a television, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the Game, immediately discontinue use and consult your physician.
TERMINATION. This EULA is effective until terminated. Your rights under this License will terminate automatically without notice from the Licensor if you fail to comply with any of the terms of this License. Upon termination of the License, you shall cease all use of the Software and destroy the Software, the Documentation, and the other parts of the Software, and all copies of any parts, and all copies, full or partial, of the Game.
DISCLAIMER OF WARRANTIES. The Software is provided 'as is', without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. In no event shall the Licensor be liable for any claim, damages, or other liability, whether in an action of contract, tort or otherwise, arising from, out of, or in connection with the Game or the use or other dealings in the Game.
LIMITATION OF LIABILITY. In no event shall Licensor or any of its licensors, resellers or distributors be liable for any (i) special, incidental, consequential, punitive, exemplary or other indirect damages, (ii) third party claims, or (iii) loss or damage to any systems, hardware or software, records or data; even if advised of or aware of the possibility of any such damages. In no event shall the entire liability of Stray Kite Studios LLC arising from or in any way related to the software, the packaging, or any part thereof, or this agreement, exceed in the aggregate the purchase price of the software. Licensor shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the Software. You agree to hold Licensor harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
ADDITIONAL DISCLAIMERS AND LIMITATION OF LIABILITY.
Software includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Licensor, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Licensor, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Software, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Software, or will not revoke approval of this Software for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Licensor and Epic. Licensor, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Licensor, Epic, Epic’s licensors, nor its or their affiliates, nor any of Licensor’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this [Agreement], including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Licensor, Epic, Epic’s licensors, nor its or their affiliates, nor any of [Licensor’s] or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Licensor’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Licensor, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Licensor, Epic, Epic’s licensors, its and their affiliates, and any of Licensor’s or Epic’s service providers shall be limited to the full extent permitted by law.
EQUITABLE REMEDIES. You hereby agree that if the terms of this Agreement are not specifically enforced, LICENSOR will be irreparably damaged, and therefore you agree that LICENSOR shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.
INDEMNITY. You agree to indemnify, defend and hold LICENSOR, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of the Agreement.
SEVERABILITY. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
PRIVACY POLICY.
Consent to Use of Data. By using the Software, you agree to the collection, storage, and use of data as described in this section. Stray Kite Studios LLC may collect, store, and use data to operate, improve, and personalize your experience and to support and analyze Game performance. This includes technical and gameplay-related data such as device type, operating system version, language settings, gameplay behavior, and session information. This data does not include personal information such as your name, email address, or other information that directly identifies you. Data is collected through tools including GameAnalytics, which processes only non-personally identifiable data in accordance with its privacy policy and applicable data protection regulations.
Analytics and Performance Monitoring. We use GameAnalytics, a third-party analytics service that collects and processes non-personally identifiable data about how players interact with the Game. This may include information such as gameplay events, session length, in-game progression, device type, operating system version, and in-game behavior. GameAnalytics does not collect personal data such as names, email addresses, precise locations, or IP addresses. The data is used to help us understand how the Game is used, identify issues, and improve the gameplay experience. For more information, see GameAnalytics’ Privacy FAQ and EU Data Processing Addendum.
Data Sharing. We do not collect or sell personal data through the Software. The data we collect—such as gameplay behavior, session metrics, and device type—is non-personally identifiable and is used strictly for analytics and gameplay improvement purposes. This data may be shared with trusted third-party partners, such as GameAnalytics, in accordance with our agreement and their EU Data Processing Addendum, which ensures compliance with applicable data protection laws. All data shared is handled in a way that does not identify you personally.
Data Retention and Security. Data collected is retained only for as long as necessary to provide you with services associated with the Software, or as otherwise permitted under the data retention policies of our analytics provider, GameAnalytics.
Your Rights. Because the Software does not collect personal data (as defined under applicable data protection laws such as the GDPR or CCPA), many data subject rights—such as access, correction, or deletion—do not apply to the data collected through the Game. We and our analytics partner, GameAnalytics, process only non-personally identifiable information for gameplay insights and service improvement. However, if you believe that personal data has been collected in error, or if you interact with other features of the Game (such as support services or optional user accounts) that may involve personal data, you have the right to contact us to request access, correction, deletion, or restriction of that data, and to withdraw any consent you may have provided.
Consent to International Data Transfers. By using the Software, you consent to the transfer of your data to countries outside your country of residence, which may have different data protection standards from those which apply in your country.
Contact Information. If you have any questions or concerns about our use of your data or this Privacy Policy, please contact us at legal@straykitestudios.com.
Changes to This Policy. We reserve the right to modify this Privacy Policy at any time. Any changes will be reflected here, and you will be notified via email or a prominent notice in the Game. Continued use of the Software after such changes shall constitute your consent to such changes.
GOVERNING LAW. This Agreement and your use of the Software, and all disputes arising out of or related to this Agreement or the Software (or any part thereof) shall be governed by, and any arbitration hereunder shall apply, the laws of the United States of America and the state of Texas, without regard to its conflict of law principles. If a dispute arises between you and us, you agree to first provide us with notice of your complaint via email to legal@straykitestudios.com so that the parties may attempt to resolve the dispute informally within sixty (60) days from the date your complaint is received. Any dispute, controversy or claim not informally resolved arising out of or relating to this Agreement or the Package (or any part thereof), including its interpretation, performance or termination, shall be finally resolved by arbitration. Notwithstanding anything contained in this Paragraph to the contrary, LICENSOR shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce LICENSOR’s rights hereunder through reformation of contract, specific performance, injunction or similar equity relief. You acknowledge and agree that you and LICENSOR are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and LICENSOR otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and LICENSOR each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
COMPLETE AGREEMENT. This EULA constitutes the entire agreement between you and Licensor relating to the Game and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Game or any other subject matter covered by this EULA.
By clicking installing the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this agreement.
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
ACCEPTANCE OF TERMS. YOUR USE OF THIS SOFTWARE FOR THE GAME WARTORN™ (THE “GAME”) IS SUBJECT TO THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) AND THE TERMS SET FORTH BELOW. THE “SOFTWARE” INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ACCOMPANYING MANUAL(S), PACKAGING AND OTHER WRITTEN, ELECTRONIC OR ON-LINE MATERIALS OR DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND ITS MATERIALS. BY OPENING THE SOFTWARE, INSTALLING, AND/OR USING THE SOFTWARE AND ANY OTHER MATERIALS INCLUDED WITH THE SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS LICENSE WITH STRAY KITE STUDIOS LLC (“LICENSOR”).
LICENSE GRANT. Subject to this Agreement and its terms and conditions, LICENSOR hereby grants you the non-exclusive, non-transferable, limited right and license to use one copy of the Software for your personal, non-commercial use on a single home or portable computer. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale or transfer of any rights in the Software. All rights not specifically granted under this Agreement are reserved by LICENSOR and, as applicable, its licensors.
OWNERSHIP. LICENSOR retains all right, title and interest to this Software, 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, sounds effects, musical works, and moral rights. The Software is protected by United States copyright law and applicable copyright laws and treaties throughout the world. The Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without the express prior written consent from LICENSOR. Any persons copying, reproducing or distributing all or any portion of the Software in any manner or medium, will be willfully violating the copyright laws and may be subject to civil and criminal penalties. Be advised that copyright violations are subject to penalties of up to $100,000 per violation. The Software contains certain licensed materials and LICENSOR’s licensors may protect their rights in the event of any violation of this Agreement.
RESTRICTIONS. You may not, under any circumstances:
Commercially exploit the Software;
Distribute, lease, license, sell, rent or otherwise transfer or assign this Software, or any copies of this Software, without the express prior written consent of LICENSOR;
Make copies of the Software or any part thereof, except for back up or archival purposes;
Except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one computer, computer terminal, or workstation at the same time;
Copy the Software onto a hard drive or other storage device (although the Software may automatically copy a portion of itself onto your hard drive during installation in order to run more efficiently);
Use or copy the Software at a computer gaming center or any other location-based site;
Reverse engineer, decompile, disassemble or otherwise modify the Software, in whole or in part;
Alter, merge, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Game;
Use the Game for any commercial purpose or for any public display or public performance;
Remove, disable, circumvent, or modify any proprietary notices or labels or security technology contained on or within the Software; and/or
Transport, export or re-export (directly or indirectly) into any country forbidden to receive such Software by any US export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time.
PATCHES AND UPDATES. Stray Kite Studios LLC may apply patches, updates and modifications (collectively, “Updates”) to the Software at any time, including Updates to the Game Client installed on your device. You agree that Stray Kite Studios LLC may deploy and install updates remotely, with or without your knowledge, and you hereby provide your consent for Stray Kite Studios LLC to download and apply such Updates.
SEIZURE WARNING. A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a television, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the Game, immediately discontinue use and consult your physician.
TERMINATION. This EULA is effective until terminated. Your rights under this License will terminate automatically without notice from the Licensor if you fail to comply with any of the terms of this License. Upon termination of the License, you shall cease all use of the Software and destroy the Software, the Documentation, and the other parts of the Software, and all copies of any parts, and all copies, full or partial, of the Game.
DISCLAIMER OF WARRANTIES. The Software is provided 'as is', without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. In no event shall the Licensor be liable for any claim, damages, or other liability, whether in an action of contract, tort or otherwise, arising from, out of, or in connection with the Game or the use or other dealings in the Game.
LIMITATION OF LIABILITY. In no event shall Licensor or any of its licensors, resellers or distributors be liable for any (i) special, incidental, consequential, punitive, exemplary or other indirect damages, (ii) third party claims, or (iii) loss or damage to any systems, hardware or software, records or data; even if advised of or aware of the possibility of any such damages. In no event shall the entire liability of Stray Kite Studios LLC arising from or in any way related to the software, the packaging, or any part thereof, or this agreement, exceed in the aggregate the purchase price of the software. Licensor shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the Software. You agree to hold Licensor harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
ADDITIONAL DISCLAIMERS AND LIMITATION OF LIABILITY.
Software includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Licensor, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Licensor, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Software, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Software, or will not revoke approval of this Software for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Licensor and Epic. Licensor, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Licensor, Epic, Epic’s licensors, nor its or their affiliates, nor any of Licensor’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this [Agreement], including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Licensor, Epic, Epic’s licensors, nor its or their affiliates, nor any of [Licensor’s] or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Licensor’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Licensor, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Licensor, Epic, Epic’s licensors, its and their affiliates, and any of Licensor’s or Epic’s service providers shall be limited to the full extent permitted by law.
EQUITABLE REMEDIES. You hereby agree that if the terms of this Agreement are not specifically enforced, LICENSOR will be irreparably damaged, and therefore you agree that LICENSOR shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.
INDEMNITY. You agree to indemnify, defend and hold LICENSOR, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of the Agreement.
SEVERABILITY. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
PRIVACY POLICY.
Consent to Use of Data. By using the Software, you agree to the collection, storage, and use of data as described in this section. Stray Kite Studios LLC may collect, store, and use data to operate, improve, and personalize your experience and to support and analyze Game performance. This includes technical and gameplay-related data such as device type, operating system version, language settings, gameplay behavior, and session information. This data does not include personal information such as your name, email address, or other information that directly identifies you. Data is collected through tools including GameAnalytics, which processes only non-personally identifiable data in accordance with its privacy policy and applicable data protection regulations.
Analytics and Performance Monitoring. We use GameAnalytics, a third-party analytics service that collects and processes non-personally identifiable data about how players interact with the Game. This may include information such as gameplay events, session length, in-game progression, device type, operating system version, and in-game behavior. GameAnalytics does not collect personal data such as names, email addresses, precise locations, or IP addresses. The data is used to help us understand how the Game is used, identify issues, and improve the gameplay experience. For more information, see GameAnalytics’ Privacy FAQ and EU Data Processing Addendum.
Data Sharing. We do not collect or sell personal data through the Software. The data we collect—such as gameplay behavior, session metrics, and device type—is non-personally identifiable and is used strictly for analytics and gameplay improvement purposes. This data may be shared with trusted third-party partners, such as GameAnalytics, in accordance with our agreement and their EU Data Processing Addendum, which ensures compliance with applicable data protection laws. All data shared is handled in a way that does not identify you personally.
Data Retention and Security. Data collected is retained only for as long as necessary to provide you with services associated with the Software, or as otherwise permitted under the data retention policies of our analytics provider, GameAnalytics.
Your Rights. Because the Software does not collect personal data (as defined under applicable data protection laws such as the GDPR or CCPA), many data subject rights—such as access, correction, or deletion—do not apply to the data collected through the Game. We and our analytics partner, GameAnalytics, process only non-personally identifiable information for gameplay insights and service improvement. However, if you believe that personal data has been collected in error, or if you interact with other features of the Game (such as support services or optional user accounts) that may involve personal data, you have the right to contact us to request access, correction, deletion, or restriction of that data, and to withdraw any consent you may have provided.
Consent to International Data Transfers. By using the Software, you consent to the transfer of your data to countries outside your country of residence, which may have different data protection standards from those which apply in your country.
Contact Information. If you have any questions or concerns about our use of your data or this Privacy Policy, please contact us at legal@straykitestudios.com.
Changes to This Policy. We reserve the right to modify this Privacy Policy at any time. Any changes will be reflected here, and you will be notified via email or a prominent notice in the Game. Continued use of the Software after such changes shall constitute your consent to such changes.
GOVERNING LAW. This Agreement and your use of the Software, and all disputes arising out of or related to this Agreement or the Software (or any part thereof) shall be governed by, and any arbitration hereunder shall apply, the laws of the United States of America and the state of Texas, without regard to its conflict of law principles. If a dispute arises between you and us, you agree to first provide us with notice of your complaint via email to legal@straykitestudios.com so that the parties may attempt to resolve the dispute informally within sixty (60) days from the date your complaint is received. Any dispute, controversy or claim not informally resolved arising out of or relating to this Agreement or the Package (or any part thereof), including its interpretation, performance or termination, shall be finally resolved by arbitration. Notwithstanding anything contained in this Paragraph to the contrary, LICENSOR shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce LICENSOR’s rights hereunder through reformation of contract, specific performance, injunction or similar equity relief. You acknowledge and agree that you and LICENSOR are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and LICENSOR otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and LICENSOR each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
COMPLETE AGREEMENT. This EULA constitutes the entire agreement between you and Licensor relating to the Game and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Game or any other subject matter covered by this EULA.
By clicking installing the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this agreement.