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End User License Agreement (EULA): How to access and use the Copa City game.
Version: 1.0, effective as of 16 June 2026
Hi! This long document is an agreement that:
You can contact us by writing to: Tripple Espresso S.A., ul. Szara 10, 00-420 Warsaw, or by sending us an email to: contact@tripleespresso.club
By law, only persons who are at least 13 years of age may play the Game.
If you are under 18 but at least 13 years old, please ask a parent or legal guardian to review and accept this Agreement. So, here’s a few words for parents and legal guardians:
If the User is a minor, as their parent or legal guardian, you must read and accept this Agreement on their behalf before they begin using the Game. By accepting the Agreement on their behalf, you are responsible for supervising the User’s use of the Game and Add-ons, and you confirm that you are legally and financially responsible for the User’s use of the Game while under your care, and, in the case of U.S. citizens or residents, you agree to bear legal and financial responsibility for the User’s use of the Game while under your care.
You may not use our Game or Add-ons if:
From the moment you (legally) install the Game or an Add-on, acquire a license to use the Game, including purchasing, downloading, installing, or using the Game—whichever occurs first. If you haven’t read the Agreement yet—do so now!
To which game and services do this Agreement apply?
The Copa City Game—a computer program as defined by the Copyright and Related Rights Act, along with other works made available within the Game (characters, storylines, graphics, animations, music
and sound effects, dialogues, graphics, video, text, layout, databases, data, and all other content, as well as all copyrights, trademarks, industrial designs, unregistered business designations, graphic design, brand names, logos, companies, images, trade names), along with related rights, including rights to artistic performance, videograms, and phonograms, made available to the User by Us on a PC, in digital form via a digital distribution platform (Steam, GOG, Epic Games Store), or on a PlayStation or Xbox console. The Game includes both installation files and all network services necessary for its operation, provided electronically.
Add-ons (Digital Content) – paid, optional elements that expand the functionality or content of the Game and are not included in its base version. Add-ons may include, in particular: DLC (Downloadable Content): additional missions, scenarios, maps, or story campaigns; Cosmetic elements: skins, animations.
The Game and Add-ons constitute digital content within the meaning of the Consumer Rights Act and launching them requires a license for the base version of the Game and meeting specific technical requirements.
In addition to this Agreement, please review these documents—they form part of the Agreement, and by agreeing to enter it, you agree and undertake to comply with:
Privacy Policy (regarding your personal data) https://www.copacity.club/en/privacy-policy
What else?
o You can play our Game on various devices or platforms, including PC, Steam, GOG, the Epic Games Store, and consoles such as PlayStation and Xbox. In some cases, you will need to accept the terms of service or license agreements for the specific device, system, software, or digital distribution platform beforehand. Be sure to read them before accepting them.
o If our Game or Add-ons contain links to websites or content on third-party sites, please be aware that we are not responsible for them. We have no influence over their security, proper, and uninterrupted operation, nor can we control them. If you have any doubts, do not open any links or third-party sites and contact the providers of such content.
o Our Game may contain flashing lights and images that could trigger an epileptic seizure. If you are sensitive to such visual effects or know that they trigger specific reactions in you, keep this in mind before starting the Game. If you have epilepsy or someone in your immediate vicinity has epilepsy and will be in the same location where you are playing, consult a doctor before starting the Game. If you feel unwell, experience dizziness, visual disturbances, eye or muscle spasms, uncontrolled movements or convulsions, disorientation, confusion, or loss of consciousness, stop playing immediately and consult a doctor.
US USERS – THERE IS A SEPARATE SECTION 14 THAT APPLIES ONLY TO YOU; PLEASE READ IT CAREFULLY BEFORE ACCEPTING THE AGREEMENT!
Now let’s begin our journey through the following provisions!
1. REPRESENTATIONS AND WARRANTIES
1.1. We represent that we have the right to enter into this Agreement and grant you a license to use our Game and the available Add-ons, under the terms set forth in this Agreement.
We will also use all reasonable and reasonable efforts to ensure the maintenance and support of our Game and the available Add-ons.
1.2. You, as the User, represent and guarantees that:
1.2.1. you are authorized to enter into this Agreement and have the capacity to do so, or your parent or legal guardian has consented to this Agreement and accepted its terms, and that you will comply with all its provisions.
1.2.2. any content you generate as a User and submit through the services in connection with the Game does not infringe upon the intellectual property rights or other rights of third parties, and such content is not and will not be unlawful, will not violate the privacy or rights of another person, will not be offensive, defamatory, or insulting, nor will it constitute a threat, spread hatred, or be obscene, racist, or pornographic.
2. MINIMUM REQUIREMENTS
2.1. The game and its add-ons have specific requirements and minimum requirements:
PC, Steam, Epic Games, GOG
Minimum system requirements:
Requires a 64-bit processor and operating system
Operating system: Windows 10
Processor: Intel Core i5-8400 / AMD Ryzen 5 3500X
Memory: 8 GB RAM
Graphics card: GeForce GTX 1060 6GB / Radeon RX 580 8GB
DirectX: Version 11
Network: Broadband Internet connection
Storage: 10 GB of available space
Sound card: Yes
Recommended configuration:
Requires a 64-bit processor and operating system
Operating system: Windows 10
Processor: Intel Core i7-11800H / AMD Ryzen 7 3800XT
Memory: 16 GB RAM
Graphics card: GeForce RTX 2080 / Radeon RX 5700 XT
DirectX: Version 11
Network: Broadband Internet connection
Storage: 10 GB of available space
Sound card: Yes
PlayStation,Xbox
Playstation 5; Xbox Series S; Xbox Series X
depending on the selected device, system, or digital distribution platform, which you can also find on the relevant store page or platform offering the Game. Make sure you meet these requirements before purchasing the Game—otherwise, the Game may not work at all, or some of its features may not function properly.
2.2. Please note that the online features of the Game require an internet connection. You are responsible for ensuring you have an internet connection.
2.3. Occasionally, for example due to technological advancements, the minimum system requirements may change. If this occurs, we will notify you 40 (forty) days in advance via push notification, pop-up window, or other means, in accordance with applicable law.
3. TERMS OF USE
3.1. Please follow the Game’s terms of use and comply with all laws applicable in your country. Observe all applicable geographic, regional, language, or location-based restrictions, requirements, and rules regarding the Game and available Add-ons. If you fail to comply, we may suspend, terminate, or block your access to the Game or Add-ons. In particularly serious cases (we’ll explain what those are in Section 4 below), we may ban a User who violates these rules from accessing the Game or take other legal action. We simply ask that you use the Game and available Add-ons in accordance with what is written here and refrain from doing what is specified in the PROHIBITIONS section.
We play fair. 😊
4. PROHIBITIONS
4.1. If you violate any of the prohibitions described here, we will consider it a material breach of the Agreement and may take legal action. So please, just don’t do what you read below.
Not sure if something is allowed? Contact us contact@tripleespresso.club
4.2. You may not use the Game and available Add-ons in a manner that violates applicable law.
4.3. You may not copy, rent, buy, sell, lend, share, lease, sublicense, transfer, convey, distribute, or disseminate publish, make publicly available, or present the Game and available Add-ons to a limited or unlimited group of people, nor any rights arising from this Agreement, unless permitted by applicable law or expressly authorized by us in this Agreement.
4.4. You may not steal or misappropriate keys or codes for the Game or available Add-ons.
4.5. You may not modify, combine, merge, distribute, translate, reverse engineer, or attempt to obtain or use the source code, decompile, or disassemble the Game or available Add-ons, unless permitted by applicable law or expressly authorized by us in this Agreement.
4.6. You may not hack, create, use, share, or distribute exploits, automation software, robots, bots, hacks, spider software, spyware, scripts, training programs, data extraction tools, or any other software that affects or interferes with the Game or available Add-ons.
4.7. You may not interfere with the operation of our services, including maliciously disrupting or interfering with our technical support or customer service, impersonating our employees, or pretending to be technical support or engaging in similar pranks.
4.8. You may not interfere with, disrupt, or gain access to restricted areas of network software or third-party servers, for example through tunneling, code injection or insertion, denial of service, modifying or altering the software, using similar software in
conjunction with ours, through protocol emulation, or creating or using private servers or similar services related to the Game or available Add-ons.
4.9. You may not upload files containing malicious code, including viruses, spyware, Trojan horses, worms, time bombs, intentionally corrupted data, or any other files containing malicious code or that could in any way damage or disrupt the Game or the available Add-ons.
4.10. You may not capture, extract, or collect personal data or information, including but not limited to confidential information, from the Game or the available Add-ons.
4.11. You may not use the names, logos, and our trademarks or marks available in the Game (and belonging to third parties who have licensed them to us) or the Game or available Add-ons for any purpose without our prior consent (in writing, under penalty of nullity).
4.12. You may not take any action or refrain from taking any action in connection with the Game or available Add-ons if such action would infringe upon copyrights, trademark rights, patents, trade secrets, know-how, privacy, publicity rights, personal rights, or any rights of third parties.
4.13. You may not reproduce, extract, or otherwise use the Game or the available Add-ons, or any works contained therein, for text or data mining purposes.
4.14. You may not use the Game or the available Add-ons in a manner that is or may be deemed racist, harassing, xenophobic, sexist, discriminatory, offensive, defamatory, or unlawful.
5. LICENSE
5.1. Under this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, and non-assignable license to display and play, view, permanently or temporarily reproduce digitally, store in the memory of a computer or game console, use the Game and the available Add-ons (including a single download and installation) on a single device: your computer, game console (single login), or digital distribution platform (single activation) where the Game was purchased. This license means that only you, on a one-time basis, may access, install the Game, and use the available Add-ons on the platform or device of your choice. You may play the Game more than once. :) All of this means that you may not use Game and Add-ons for any purpose other than personal use, such as for any commercial (money-making), political, or socially unacceptable (e.g., piracy) purposes. Granting this license does not mean that we have transferred any rights to the Game to you—they still belong to us. The license is not limited by territory or time—as long as you do not violate the terms of use set forth in the Agreement. Violating the rules set forth in the Agreement may result in its termination and the denial of access to the Game or Add-ons.
5.2. You may also make a backup copy of the Game or available Add-ons, if applicable in your case.
5.3. If you wish to create content such as Let’s Plays, Speedruns, Walkthroughs, and similar videos on YouTube, Twitch, or other similar platforms and use excerpts from the Game or available Add-ons, see caption “User Generated Content” in section 6 of this Agreement. If you have any doubts, please contact us: contact@tripleespresso.club
6. INTELLECTUAL PROPERTY RIGHTS
6.1. The game as a whole, as well as its individual visual elements, characters, storylines, graphics, animations, designs, items, music and sound effects, dialogues, artwork, computer code, user interface, appearance, game mechanics, gameplay, quests, audio, video, text, layout, databases, data, and all other content and all copyrights, trademarks, industrial designs, unregistered trade names, visual design, brand names, logos, company names, images, trade names, company or domain names, databases, patents, know-how, trade secrets, and confidential information, rights to computer software (including source code and object code), related rights, including rights to artistic performances, videograms, phonograms, synchronization rights, mechanical rights, rights of publication, rental, lending, and transmission, personality rights, and other intellectual property rights and exploitation rights of a similar or corresponding nature that may currently or in the future be in force in any part of the world, in all cases, whether or not they are registered or subject to registration, including all granted applications and all applications for registration, division, continuation, reissue, renewal, extension, reinstatement, and restoration relating to any of them, and other rights and exploitation rights pertaining thereto, whether in tangible or intangible form, these “Intellectual Property Rights,” which are owned by us or which we have acquired from third parties or which we are legally entitled to use because we have a legal basis to do so.
6.2. The Game and the available Add-ons, as well as the related Intellectual Property Rights, are protected by copyright, trademark rights, and other intellectual property rights worldwide.
6.3. We respect the intellectual property rights of others. If you believe that we have infringed your rights in connection with the Game or an available Add-on, please write to us at: Tripple Espresso S.A., ul. Szara 10, 00-420 Warsaw, or send us an email at: contact@tripleespresso.club
6.3.1. Please provide us with the following information: (i) what is protected by copyright, (ii) what material infringes those rights and where it is located, (iii) your address, phone number, and email address. Remember to include an electronic or handwritten signature from a person authorized to act on behalf of the copyright owner.
User-Generated Content
6.4. In the case of fan content (e.g., mods, tributes, “Let’s Plays,” reviews, or other video or graphic works), you may create such content for non-commercial use and only in direct connection with our Game, while also respecting the rules outlined here.
6.5. Also, do not imply that we are a co-author or partner, or that we have given any consent.
6.6. Please note that with regard to the music and imagery of soccer clubs, their emblems and characteristics, as well as their stadiums and surroundings, these are subject to separate licensing agreements between Triple Espresso S.A. and the entities that own these licenses, and you may not use them in your work without the appropriate consents or permissions.
6.7. If you are unsure about something, ask us for permission first by sending us an email at: contact@tripleespresso.club or consult directly with the creator or rights holder before publishing or distributing it. Remember that the Game always remains Our property—in
its entirety as well as in its individual elements—and the Intellectual Property Rights in the Game are also Our property.
6.8. It is your responsibility to ensure that you possess all necessary rights before using User-Generated Content and to verify that it is safe—we cannot do this for you.
6.9. You are the owner of all User-Generated Content, but we need certain rights from you to be able to use it for marketing purposes for the Game or Add-ons or for ourselves, as well as to improve our Game or Add-ons in the future. Therefore, by publishing User-Generated Content, you grant us a royalty-free, non-exclusive license, without any time or territorial restrictions, to use, exploit, modify, reproduce, adapt, distribute, transmit, communicate, and publicly display, disseminate, and perform your User-Generated Content, as well as to create derivative works from it, in connection with our services, including the Game or Add-ons.
7. MONITORING
7.1. To provide users with the best possible experience while playing the Game, prevent violations of the prohibitions set forth in this Agreement, access and resolve bugs or technical issues, and ensure compliance with the terms of this Agreement, we may use software tools that run in the background on your device while you are using the Game. For more information, see the Privacy Policy (https://www.copacity.club/en/privacy-policy). If we introduce mandatory tools, we will notify you. If the use of such tools requires your consent, we will ask for it.
8. UPDATES, FIXES, AND CHANGES
8.1. From time to time, it may be necessary to make fixes or updates to the Game or available Add-ons, in particular to: (i) implement security enhancements, fix bugs, and improve performance, (ii) ensure compatibility or adapt to changes in technical infrastructure or in areas dependent on third parties, (iii) ensure that the Game or available Add-ons meet legal or technological requirements, (iv) introduce new features and content, implement other necessary changes, or incorporate suggestions from Game users or the results of analyses, (v) ensure improvements in usability and accessibility, (vi) limit or discontinue the use of obsolete or unstable features of the Games or available Add-ons.
8.2. In the cases listed above, an update will be required—either automatic or performed by the User.
8.3. Each update enables better use of the Game or available Add-ons, improves security, and introduces fixes or bug fixes. Failure to update may pose a security risk, and over time, using the Game may become impossible. Therefore, it is advisable to install the update as soon as possible. Please note that four days after an update is made available (including security updates, fixes, or bug fixes), we are not liable for any damages resulting from the failure to install such an update. We will provide instructions on how to update the Game or the available Add-on.
9. FEEDBACK, REPORTS, CRASHES
9.1. If you’d like to share your experiences with the Game, please email us at: contact@tripleespresso.club. Please note that your suggestions are not binding on us, and we are under no obligation to implement them. And if we do use them (in whole or in part), please be aware that we are under no obligation to pay any compensation to the player who provided us with the suggestion or information, nor are we liable to such a person, and we have no copyright obligations in this regard.
9.2. If you have a problem with the Game or an available Add-on, write to us at: contact@tripleespresso.club and inform us of the existing bug. We may ask you to submit a bug report so we can improve the Game in the future. Submitting a report is not mandatory; it may contain personal data (for more information, please refer to the Privacy Policy). You can also contact our technical support: support@tripleespresso.club.
10. EXPIRATION, TERMINATION, AND CANCELLATION OF THE AGREEMENT
10.1. You may terminate this Agreement at any time by permanently ceasing to use the Game, which does not affect your and our existing rights and obligations arising prior to such termination. You may also notify us of your termination of the Agreement by sending an email to: contact@tripleespresso.club
When and how can we terminate this Agreement?
10.1.1. We may suspend or revoke your access to the Game if you commit a material breach of the terms of this Agreement, including in cases where such a breach may cause harm to other users of the Game, our affiliates, licensors, and partners.
10.1.2. Prior to doing so, we will make reasonable and justified efforts to contact you to explain why access to the Game has been suspended or revoked and what corrective actions can be taken in this regard. In the event of suspension or cancellation of access to the Game, we have no obligations toward such User, in particular no obligation to refund the price paid for the Game.
10.2. We may terminate the Agreement without the reasons listed above if:
10.2.1. we cease providing access to the Game or withdraw it in whole or in part on a specific platform,
10.2.2. we are required to do so due to laws, regulations, or a binding order from a government authority,
10.2.3. it has become impractical to continue providing the Game due to technical reasons or circumstances beyond our control,
10.2.4. external platforms or their providers on which our Game was based have ceased to support it.
10.3. We will notify you of any of the above cases by posting relevant information on our website or via a push notification in the Game at least forty (40) days in advance. In such a case, we will have no future obligations or liabilities toward you (this will not affect those that already existed between you and us).
11. FORCE MAJEURE
11.1. Neither you nor we shall be liable for the improper performance of obligations under the Agreement, their non-performance, or any delay in their performance, in whole or in part, to the extent that such failure was caused by circumstances of force majeure. By force majeure, we mean: external events, independent of you or us, impossible to prevent or foresee despite the exercise of due diligence, including the effects of natural forces (flood, earthquake, lightning, natural disaster, fire), terrorist attacks, states of necessity, states of emergency, martial law, war, epidemics, epidemic threats, decisions by public authorities, strikes, riots or civil unrest, protests, construction disasters, blackouts, lockouts, or other labor disputes (except for disputes involving the personnel of the affected party), intentional damage (including intentional damage caused by employees of the affected party or its subcontractors), compliance with applicable laws or regulations, rules, ordinances, or government recommendations, industrial actions, including, but not limited to, actions by employees of electricity suppliers, technical malfunctions, hacker attacks, denial-of-service attacks or other IT attacks, the launch of malware, viruses, or similar technologies, pandemics, the unavailability of transportation, or breaches caused by suppliers or subcontractors.
12. GOVERNING LAW
For Users who are residents of the European Union or any other country (excluding the United States of America):
12.1. You and we agree that the use of the Game or available Add-ons, as well as any matters related to this Agreement, shall be governed by the laws of Poland. If you reside in a member state of the European Union where mandatory provisions of the law of the country in which you reside would be more favorable to you than the consumer provisions of Polish law—those provisions shall apply notwithstanding the foregoing, to the extent that they are more favorable to you.
12.2. FOR USERS WHO ARE RESIDENTS OF THE UNITED STATES OF AMERICA: THE LAWS AND JURISDICTION OF CALIFORNIA—LOS ANGELES—SHALL APPLY EXCLUSIVELY: You and we agree that your use of the Game or available Add-ons, and any matters related to this Agreement, shall be deemed to have been entered into in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California, USA (and, where applicable, U.S. federal law). Any legal claims you bring against us, if not resolved pursuant to the arbitration provisions delineated in Section 14 below, will be resolved exclusively in a state or federal court in Los Angeles, California, which will have subject-matter jurisdiction over the dispute between you and us; therefore, you and we agree to the exclusive personal jurisdiction of the state and federal courts located in Los Angeles, California. In the event of any legal claims arising from this Agreement, the prevailing party shall be entitled to recover its legal fees and expenses.
13. PROBLEMS WITH THE GAME OR ADD-ONS AND THEIR RESOLUTION
13.1. Please contact us by emailing support@tripleespresso.club or by sending a letter to Tripple Espresso S.A., ul. Szara 10, 00-420 Warsaw, if you encounter any issues regarding
the Game or an available Add-on, or if the Game or Add-on does not comply with the Agreement. We will use all reasonable efforts to resolve the issue. We strive to resolve all disputes amicably and in good faith first. We commit to responding within 14 days. We will respond in the same manner in which you contacted us.
If this is unsuccessful and 30 days have passed since the dispute arose (i.e., from the date you reported the problem or concern to us), then:
13.2. For Users who are residents of the European Union or any other country (excluding the United States of America): you have the right to file a complaint with any out-of-court dispute resolution body that has been certified by the Digital Services Coordinator of the Member State in which such a body is based. You can search for the relevant institutions here: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en?prefLang=pl
13.3. Please note that we are not required to use alternative dispute resolution (ADR) methods unless absolutely required by the mandatory laws of the Member State where you reside. However, we may voluntarily agree to them.
13.4. If you reside in the European Union, you may file a claim with Polish courts or the courts competent for your place of residence. Please note that the winning party is entitled to seek reimbursement of court costs and expenses from the losing party.
13.5. If you live elsewhere (but not in the United States of America) or do not wish to use alternative dispute resolution, or if you have used it and it did not help resolve our dispute, both you and we may pursue legal action.
14. ARBITRATION PROVISIONS FOR PLAYERS IN THE U.S.
THESE PROVISIONS APPLY ONLY TO PLAYERS WHO RESIDE IN THE U.S. WE ARE TELLING YOU ABOUT THEM LOUD AND CLEAR SO YOU KNOW HOW THIS APPLIES TO YOU, BECAUSE THESE ARE THE LAWS AND WE MUST COMPLY WITH THEM.
THIS SECTION CONTAINS AN ARBITRATION CLAUSE (IN MOST DISPUTE CIRCUMSTANCES, NEITHER WE NOR YOU MAY BRING A CASE TO COURT OR SEEK A JURY TRIAL) AND ALSO PROVISIONS REGARDING THE WAIVER OF RIGHTS TO CLASS ACTIONS OR REPRESENTATIVE SUIT PROCEEDINGS.
YOU, THE US USER (HEREINAFTER ALSO REFERRED TO IN THIS SECTION AS YOU, YOUR, YOU, YOUR), AND WE, MUST AGREE TO THESE PROVISIONS, BUT YOU HAVE THE OPTION TO OPT OUT OF THE BINDING ARBITRATION AGREEMENT—DETAILS BELOW. A US USER MAY EXERCISE THIS RIGHT WITHIN THIRTY (30) DAYS OF ACCEPTING THIS AGREEMENT.
A US USER IS NOT ENTITLED TO USE THE GAME OR AVAILABLE ADD-ONS IF: (1) THEY DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, (2) YOU ARE UNDER 18 YEARS OF AGE OR THE LEGAL AGE REQUIRED TO ENTER INTO A BINDING AGREEMENT, OR YOU DO NOT HAVE THE CONSENT OF A PARENT OR LEGAL GUARDIAN TO USE THE GAME OR AVAILABLE ADD-ONS, OR (3) APPLICABLE LAW PROHIBITS ACCESS TO OR USE OF THE GAME OR AVAILABLE ADD-ONS.
14.1. You use our Game or the available Add-ons at your own risk.
14.2. We, our affiliates, partners, subsidiaries, or related companies, and licensors disclaim all warranties, express or implied, or representations or statements regarding the Game or available Add-ons, except as expressly provided in this Agreement.
14.3. The Game and available Add-ons are provided to you “as is,” “as available,” without any warranties or representations, express or implied. We are not liable for any loss, damage, or injury arising from the use of the Game or available Add-ons or the inability to use the Game or available Add-ons.
14.4. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, applicable to the Game or the available Add-ons, in particular: implied warranties of title, non-infringement, merchantability, satisfactory quality, fitness for a particular purpose, any warranties arising from the course of dealing, performance, or trade usage, the absence of viruses, errors, or defects, and any warranties regarding the accuracy, legality, reliability, or quality of any content or information contained in the Game or the available Add-ons. We do not warrant that our Game or the available Add-ons will operate uninterrupted or error-free, that defects will be corrected, or that the Game or the available Add-ons will be free of viruses or other harmful components.
14.5. To the maximum extent permitted by applicable law, neither we nor our partners, affiliates, or licensors shall be liable to you for any loss of profits, fees, or expenses, including those related to profits, loss of data, or any corruption or loss of information, or any loss of business opportunities, or any special, indirect, punitive, exemplary, or consequential loss or damage, or disruption of any kind, under any circumstances, regardless of whether the basis is breach of contract, tort (including negligence, breach of statutory duty, breach of contract, breach of warranty, or strict liability), misrepresentation, indemnity, or otherwise, regardless of whether the relevant party was advised of the possibility of such damages.
14.6. To the maximum extent permitted by applicable law, in no event shall our total liability, or that of our partners, affiliates, or licensors, to you in the U.S. in connection with the Game or available Add-ons or this Agreement exceed the amount you actually paid us (if any) in connection with the matters giving rise to the claim or claims. This is your sole and exclusive remedy.
14.7. You agree to indemnify and hold harmless us, our partners, affiliates, and licensors from and against any and all damages, liabilities, claims, and expenses, including reasonable legal fees, arising out of: (a) any breach of this Agreement by you, including your use of the Game or available Add-ons in violation of applicable law; (b) the unlawful use of our Game or available Add-ons by you or any person acting on your behalf; and (c) any infringement of our intellectual property rights or the intellectual property rights of our affiliates, but always and only to the extent that you are liable for the act or omission that caused the damages, liabilities, claims, or expenses.
Governing Law and Dispute Resolution for U.S. Users Only
14.8. If you reside in the United States, this section is critical to your rights. It contains provisions waiving your right to a jury trial and your right to participate in class actions, representative actions, or actions as a private attorney general or third-party claimant. You have the option to opt out of this arbitration agreement—detailed instructions on
how to do so are provided below. Please note that failure to opt out constitutes full acceptance of these terms.
14.9. You and We agree that if you use the Game or the available Add-ons, as well as this Agreement and any claims or causes of action (whether arising from contract, tort, any statutory cause of action, or any other legal theory), that may be based on, arise from, or be related to this Agreement, your use of the Game or the available Add-ons, your and our rights and obligations, as well as any other disputes between the parties, shall be governed by and enforced in accordance with the laws of California , without regard to or application of conflict of laws principles. Any claims that you or we may have against each other, to the extent not covered by the arbitration provision in the Binding Arbitration Agreement (applies only to U.S. users) below, will be resolved exclusively in state or federal court in Los Angeles, California, which shall have subject-matter jurisdiction over the dispute between you and us, and you and we hereby consent to the exclusive personal jurisdiction of the state and federal courts located in Los Angeles. You waive any right to argue that the state and federal courts in Los Angeles, California, are an inconvenient forum for resolving disputes.
Now, the definitions:
14.10. “Dispute” means any conflict, claim, or controversy arising between you and us (except as expressly excluded below) that in any way arises from or relates to our relationship (in any respect). Specifically, this includes:
14.10.1. Use of the Game and available Add-ons: by both you and third parties;
14.10.2. Digital Content: all licensed content;
14.10.3. Marketing activities: all advertisements and promotions related to the Game or Add-ons;
14.10.4. Legal matters: the interpretation, validity, and enforceability of the arbitration agreement, as well as the provisions of the Privacy Policy and other documents incorporated into this Agreement, including any disputes regarding the validity, enforceability, or interpretation of the arbitration agreement.
14.11. The above definition of “Dispute” applies regardless of its legal basis—whether the claim is based on a contract, statute, regulation, or tort (including allegations of negligence, fraud, misrepresentation, or fraudulent inducement), or on any other legal or equitable basis.
14.12. “Arbitration” is a process of amicable dispute resolution in which both parties present their case to a neutral arbitrator (rather than a judge or a jury). When we choose arbitration, we waive the right to have the dispute resolved in court (before a judge and/or a jury), except in situations expressly set forth in this Agreement (for example, if either party has a dispute subject to the jurisdiction of small claims court , either party may choose to have the dispute resolved in small claims court). The list of exceptions is provided below and is marked as EXCEPTION. You agree that the provisions of this section will remain in effect after your access to the Game or available add-ons and this Agreement has ended.
14.13. EXCEPTION 1: Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring an action in state or federal court solely regarding claims of patent infringement or invalidity, copyright or trademark infringement,
computer fraud and abuse, or misappropriation of trade secrets, excluding: claims related to the license granted to the User to use the Game or available Add-ons under this Agreement.
14.14. EXCEPTION 2: Either party may also pursue its rights in Small Claims Court for individual disputes or claims within the jurisdiction of such court. If arbitration is initiated, prior to the formal appointment of an arbitrator, either party may send written notice to the other party and to the arbitration entity stating that it wishes the matter to be resolved in Small Claims Court, whereupon the arbitration entity shall dismiss the case.
14.15. EXCEPTION 3: In the case of class arbitration (defined as twenty-five or more similar arbitration claims filed against the same party or related parties by individual claimants represented by the same law firm or law firms acting in concert) the JAMS Class Arbitration Procedures and Guidelines (“JAMS Class Arbitration Rules”) shall apply. In such proceedings, the parties agree that, notwithstanding any other provisions of this Agreement, the Case Manager (as described in the JAMS Class Arbitration Rules) and the arbitrators shall be authorized to implement the procedures set forth in the JAMS Class Arbitration Rules, including the consolidation of individual arbitration claims into a single coordinated proceeding. All provisions of this paragraph that do not conflict with the JAMS Class Arbitration Rules shall continue to apply. If these provisions and the JAMS Class Arbitration Rules are held to be invalid for any reason, the parties agree that the arbitration agreement contained in this Agreement is terminated, and the parties may resolve the Dispute in a court of competent jurisdiction.
14.16. You and we agree that we will use reasonable and good-faith efforts to resolve any dispute that arises and that we have defined above informally within thirty (30) days. This period begins when you send a written notice describing your claims or when we send a similar notice if we have a Dispute with you (“Dispute Notice”), which in each case must include at least the following information:
14.16.1. Your full name, email address, and, if you play on a console, your username or game tag; if you play on a computer, a screenshot of your game library along with your account name on the relevant store and proof of purchase,
14.16.2. a detailed description of your claim or Dispute with us, including dates,
14.16.3. the specific damages or other relief or remedies you are seeking.
14.17. If you are sending us a Notice of Dispute, you must send a hard copy to Triple Espresso S.A.
Szara 10, 00-420 Warsaw, Poland and a digital copy to contact@tripleespresso.club
14.18. In the event of a dispute with you, we must first send you a written Notice of Dispute describing the dispute, and send it via regular mail, email, or through an in-app notification.
14.19. When you or we send a Notice of Dispute, it initiates an informal process to resolve the dispute. If we do not resolve the Dispute within thirty (30) days, you may file a formal request for arbitration in accordance with the requirements described in this section.
14.20. Binding Arbitration Agreement: You and we, to the fullest extent permitted by law, agree to formally resolve any Disputes through individual binding arbitration. Both you and we understand that in arbitration there is no judge or jury, and the ability to have an arbitration award reviewed by a court is limited. You and we waive the right to a jury trial and to resolve disputes in court.
14.21. The arbitrator (not a court or a federal, state, or local agency) shall have exclusive authority, to the extent permitted by law, to resolve all Disputes, including, without limitation, any claims regarding the invalidity or enforceability of all or any part of this Agreement. This arbitration agreement shall be interpreted broadly and shall survive termination.
14.22. If any provision of this arbitration agreement is found to be unenforceable, that provision shall be severed, and the remainder of the arbitration agreement shall remain in full force and effect. If a court determines that applicable law prevents the enforcement of this arbitration agreement with respect to any specific claim, that claim must be excluded from arbitration, and the remaining claims will continue to be resolved through binding arbitration.
Arbitration Rules
14.23. The dispute resolution and arbitration provisions in this section are governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), and the JAMS Simplified Arbitration Rules and Procedures (“JAMS Rules”).
14.24. The arbitration will be conducted by a single JAMS arbitrator. If, for any reason, JAMS is unable to provide arbitration, then, subject to the provisions below, you or we may refer the Dispute to any national arbitration firm that handles consumer arbitrations, in accordance with procedures substantially similar to the JAMS Rules.
14.25. Unless prohibited by the JAMS Rules or the arbitrator determines that an in-person hearing is necessary, you and we agree that arbitration hearings may be conducted via videoconference. If the arbitrator determines that an in-person hearing is necessary, the location of the arbitration hearing will be determined in accordance with the JAMS Rules.
14.26. In arbitration, the arbitrator should consider the parties’ submissions.
14.27. The arbitrator will render a written decision, but is not required to provide a statement of reasons unless requested by one of the parties.
14.28. The arbitrator must follow applicable law. The arbitrator’s decision will be final and binding on you and us.
14.29. Notwithstanding any contrary provision in this Agreement, if the arbitrator cannot lawfully adjudicate or award a specific claim or remedy, such claim or remedy shall be stayed until all other claims and remedies have been resolved and the arbitration has concluded, after which a federal or state court may adjudicate the remaining portion of the claim or remedy. In such a case, the federal or state court is bound by the arbitrator’s decision, in accordance with the principles of preclusion of claims or issues.
14.30. You have the right to opt out of the arbitration agreement and not be bound by its terms by sending us written notice by mail or through any available, globally recognized courier service (e.g., UPS) to the address: Triple Espresso S.A. Szara 10, 00-420 Warsaw, Poland. You must sign and date the notice, including your full name, address, email address, and, if you play on a console, your username or game tag; if you play on a computer, we need a screenshot of your game library along with your account name in the relevant store, proof of purchase, and a clear statement of withdrawal from this arbitration agreement. The notice must be sent within thirty (30) days of the date of your initial acceptance of this Agreement; otherwise, you will be bound by the arbitration agreement.
14.31. Unless applicable law provides for a shorter statute of limitations, we and you agree that any claims arising from or related to the Game or available Add-ons must be brought within two (2) years from the date they arise; otherwise, the claim is permanently barred. This paragraph applies regardless of whether the dispute or claim is based on contract, tort, statute, fraud, unfair competition, misrepresentation, or any other legal or equitable theory.
Waiver of Class Action and Representative Action Rights (Applies Only to U.S. Users)
14.32. To the fullest extent permitted by law, neither you nor we shall be entitled to participate in any past, pending, or future class actions or other representative actions, to consolidate, join, or coordinate disputes with or against other persons or entities, nor to participate in a dispute or court proceeding in any dispute as a representative, including as a member of a class or as a private attorney general, nor otherwise seek compensation for a loss incurred by a third party in any lawsuit under any statute that permits recovery on behalf of, for the benefit of, or on behalf of, other persons or amounts lost or incurred by them. You and we expressly and unconditionally waive such rights.
14.33. If a court or arbitrator finds any provision of this Agreement relating to the waiver of certain rights to be unlawful or unenforceable, you and we agree that it shall not be severed: the arbitration agreement shall be deemed unenforceable, and any claims or disputes shall therefore be resolved in court rather than through individual arbitration.
15. CHANGES TO THE AGREEMENT
15.1. We may amend this Agreement (in whole or in part) if:
15.1.1. it is necessary (e.g., for legal reasons or to reflect changes to the Game or available Add-ons)
15.1.2. we have introduced a new Game or available Add-on that affects this Agreement,
15.1.3. it is necessary due to security, legal, or compliance requirements.
15.2. In the event of a change to the Agreement, we will make the updated version of the Agreement available to you online and use reasonable efforts to notify you of it (e.g., in the Game, on our website). If the changes we make are material, we will ask you to accept the updated Agreement. The amended Agreement will be deemed accepted if you do not terminate it within thirty (30) days of the date the changes are announced—you do not notify us by email, or you do not permanently cease using the Game.
16. FINAL PROVISIONS
16.1. If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect.
16.2. Unless otherwise provided in this Agreement, this Agreement, together with the other documents referred to herein, constitutes the entire agreement between you and us and supersedes all prior oral or written agreements.
16.3. We may assign, subcontract, or transfer this Agreement to a third party if necessary to operate the Game or available Add-ons through legally permissible modifications—we will notify you of this.
16.4. Both you and we agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the Game, the available Add-ons, or this Agreement.
16.5. We are subject to different laws and may be required to comply with legal regulations or other legal requirements.
16.6. If you, we, or neither of us exercise any of the rights or remedies provided for in this Agreement or under applicable law, or if we do not do so immediately, this does not mean that we have waived such right or remedy. We may exercise it in the future, unless we have expressly excluded such a possibility in the Agreement. This provision also applies to the exercise of such a right or remedy in the future, in whole or in part.
Version: 1.0, effective as of 16 June 2026
Hi! This long document is an agreement that:
- governs the terms of use for the game Copa City, hereinafter referred to as the “Game” or “Copa City,” or other available services related to this game (i.e., “Add-ons”),
- which Triple Espresso S.A., with its registered office at 10 Szara Street, 00-420 Warsaw, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number: 0000905853, Tax ID (NIP): 7011040662, Business Identification Number (REGON): 389235167, share capital in the amount of PLN 199,275.80 paid in full, hereinafter referred to as “We,” “Us,” or “Our,” enter into this Agreement with
- you, the end user of the Game (hereinafter referred to as “You,” “Your,” or “User”).
You can contact us by writing to: Tripple Espresso S.A., ul. Szara 10, 00-420 Warsaw, or by sending us an email to: contact@tripleespresso.club
By law, only persons who are at least 13 years of age may play the Game.
If you are under 18 but at least 13 years old, please ask a parent or legal guardian to review and accept this Agreement. So, here’s a few words for parents and legal guardians:
If the User is a minor, as their parent or legal guardian, you must read and accept this Agreement on their behalf before they begin using the Game. By accepting the Agreement on their behalf, you are responsible for supervising the User’s use of the Game and Add-ons, and you confirm that you are legally and financially responsible for the User’s use of the Game while under your care, and, in the case of U.S. citizens or residents, you agree to bear legal and financial responsibility for the User’s use of the Game while under your care.
You may not use our Game or Add-ons if:
- you do not agree to this Agreement,
- you are not of legal age and do not have the consent of a parent or legal guardian to use the Game or Add-ons,
- under applicable law, you are not permitted to access or use the Game or Add-ons,
- you are under 13 years of age.
From the moment you (legally) install the Game or an Add-on, acquire a license to use the Game, including purchasing, downloading, installing, or using the Game—whichever occurs first. If you haven’t read the Agreement yet—do so now!
To which game and services do this Agreement apply?
The Copa City Game—a computer program as defined by the Copyright and Related Rights Act, along with other works made available within the Game (characters, storylines, graphics, animations, music
and sound effects, dialogues, graphics, video, text, layout, databases, data, and all other content, as well as all copyrights, trademarks, industrial designs, unregistered business designations, graphic design, brand names, logos, companies, images, trade names), along with related rights, including rights to artistic performance, videograms, and phonograms, made available to the User by Us on a PC, in digital form via a digital distribution platform (Steam, GOG, Epic Games Store), or on a PlayStation or Xbox console. The Game includes both installation files and all network services necessary for its operation, provided electronically.
Add-ons (Digital Content) – paid, optional elements that expand the functionality or content of the Game and are not included in its base version. Add-ons may include, in particular: DLC (Downloadable Content): additional missions, scenarios, maps, or story campaigns; Cosmetic elements: skins, animations.
The Game and Add-ons constitute digital content within the meaning of the Consumer Rights Act and launching them requires a license for the base version of the Game and meeting specific technical requirements.
In addition to this Agreement, please review these documents—they form part of the Agreement, and by agreeing to enter it, you agree and undertake to comply with:
Privacy Policy (regarding your personal data) https://www.copacity.club/en/privacy-policy
What else?
o You can play our Game on various devices or platforms, including PC, Steam, GOG, the Epic Games Store, and consoles such as PlayStation and Xbox. In some cases, you will need to accept the terms of service or license agreements for the specific device, system, software, or digital distribution platform beforehand. Be sure to read them before accepting them.
o If our Game or Add-ons contain links to websites or content on third-party sites, please be aware that we are not responsible for them. We have no influence over their security, proper, and uninterrupted operation, nor can we control them. If you have any doubts, do not open any links or third-party sites and contact the providers of such content.
o Our Game may contain flashing lights and images that could trigger an epileptic seizure. If you are sensitive to such visual effects or know that they trigger specific reactions in you, keep this in mind before starting the Game. If you have epilepsy or someone in your immediate vicinity has epilepsy and will be in the same location where you are playing, consult a doctor before starting the Game. If you feel unwell, experience dizziness, visual disturbances, eye or muscle spasms, uncontrolled movements or convulsions, disorientation, confusion, or loss of consciousness, stop playing immediately and consult a doctor.
US USERS – THERE IS A SEPARATE SECTION 14 THAT APPLIES ONLY TO YOU; PLEASE READ IT CAREFULLY BEFORE ACCEPTING THE AGREEMENT!
Now let’s begin our journey through the following provisions!
1. REPRESENTATIONS AND WARRANTIES
1.1. We represent that we have the right to enter into this Agreement and grant you a license to use our Game and the available Add-ons, under the terms set forth in this Agreement.
We will also use all reasonable and reasonable efforts to ensure the maintenance and support of our Game and the available Add-ons.
1.2. You, as the User, represent and guarantees that:
1.2.1. you are authorized to enter into this Agreement and have the capacity to do so, or your parent or legal guardian has consented to this Agreement and accepted its terms, and that you will comply with all its provisions.
1.2.2. any content you generate as a User and submit through the services in connection with the Game does not infringe upon the intellectual property rights or other rights of third parties, and such content is not and will not be unlawful, will not violate the privacy or rights of another person, will not be offensive, defamatory, or insulting, nor will it constitute a threat, spread hatred, or be obscene, racist, or pornographic.
2. MINIMUM REQUIREMENTS
2.1. The game and its add-ons have specific requirements and minimum requirements:
PC, Steam, Epic Games, GOG
Minimum system requirements:
Requires a 64-bit processor and operating system
Operating system: Windows 10
Processor: Intel Core i5-8400 / AMD Ryzen 5 3500X
Memory: 8 GB RAM
Graphics card: GeForce GTX 1060 6GB / Radeon RX 580 8GB
DirectX: Version 11
Network: Broadband Internet connection
Storage: 10 GB of available space
Sound card: Yes
Recommended configuration:
Requires a 64-bit processor and operating system
Operating system: Windows 10
Processor: Intel Core i7-11800H / AMD Ryzen 7 3800XT
Memory: 16 GB RAM
Graphics card: GeForce RTX 2080 / Radeon RX 5700 XT
DirectX: Version 11
Network: Broadband Internet connection
Storage: 10 GB of available space
Sound card: Yes
PlayStation,Xbox
Playstation 5; Xbox Series S; Xbox Series X
depending on the selected device, system, or digital distribution platform, which you can also find on the relevant store page or platform offering the Game. Make sure you meet these requirements before purchasing the Game—otherwise, the Game may not work at all, or some of its features may not function properly.
2.2. Please note that the online features of the Game require an internet connection. You are responsible for ensuring you have an internet connection.
2.3. Occasionally, for example due to technological advancements, the minimum system requirements may change. If this occurs, we will notify you 40 (forty) days in advance via push notification, pop-up window, or other means, in accordance with applicable law.
3. TERMS OF USE
3.1. Please follow the Game’s terms of use and comply with all laws applicable in your country. Observe all applicable geographic, regional, language, or location-based restrictions, requirements, and rules regarding the Game and available Add-ons. If you fail to comply, we may suspend, terminate, or block your access to the Game or Add-ons. In particularly serious cases (we’ll explain what those are in Section 4 below), we may ban a User who violates these rules from accessing the Game or take other legal action. We simply ask that you use the Game and available Add-ons in accordance with what is written here and refrain from doing what is specified in the PROHIBITIONS section.
We play fair. 😊
4. PROHIBITIONS
4.1. If you violate any of the prohibitions described here, we will consider it a material breach of the Agreement and may take legal action. So please, just don’t do what you read below.
Not sure if something is allowed? Contact us contact@tripleespresso.club
4.2. You may not use the Game and available Add-ons in a manner that violates applicable law.
4.3. You may not copy, rent, buy, sell, lend, share, lease, sublicense, transfer, convey, distribute, or disseminate publish, make publicly available, or present the Game and available Add-ons to a limited or unlimited group of people, nor any rights arising from this Agreement, unless permitted by applicable law or expressly authorized by us in this Agreement.
4.4. You may not steal or misappropriate keys or codes for the Game or available Add-ons.
4.5. You may not modify, combine, merge, distribute, translate, reverse engineer, or attempt to obtain or use the source code, decompile, or disassemble the Game or available Add-ons, unless permitted by applicable law or expressly authorized by us in this Agreement.
4.6. You may not hack, create, use, share, or distribute exploits, automation software, robots, bots, hacks, spider software, spyware, scripts, training programs, data extraction tools, or any other software that affects or interferes with the Game or available Add-ons.
4.7. You may not interfere with the operation of our services, including maliciously disrupting or interfering with our technical support or customer service, impersonating our employees, or pretending to be technical support or engaging in similar pranks.
4.8. You may not interfere with, disrupt, or gain access to restricted areas of network software or third-party servers, for example through tunneling, code injection or insertion, denial of service, modifying or altering the software, using similar software in
conjunction with ours, through protocol emulation, or creating or using private servers or similar services related to the Game or available Add-ons.
4.9. You may not upload files containing malicious code, including viruses, spyware, Trojan horses, worms, time bombs, intentionally corrupted data, or any other files containing malicious code or that could in any way damage or disrupt the Game or the available Add-ons.
4.10. You may not capture, extract, or collect personal data or information, including but not limited to confidential information, from the Game or the available Add-ons.
4.11. You may not use the names, logos, and our trademarks or marks available in the Game (and belonging to third parties who have licensed them to us) or the Game or available Add-ons for any purpose without our prior consent (in writing, under penalty of nullity).
4.12. You may not take any action or refrain from taking any action in connection with the Game or available Add-ons if such action would infringe upon copyrights, trademark rights, patents, trade secrets, know-how, privacy, publicity rights, personal rights, or any rights of third parties.
4.13. You may not reproduce, extract, or otherwise use the Game or the available Add-ons, or any works contained therein, for text or data mining purposes.
4.14. You may not use the Game or the available Add-ons in a manner that is or may be deemed racist, harassing, xenophobic, sexist, discriminatory, offensive, defamatory, or unlawful.
5. LICENSE
5.1. Under this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, and non-assignable license to display and play, view, permanently or temporarily reproduce digitally, store in the memory of a computer or game console, use the Game and the available Add-ons (including a single download and installation) on a single device: your computer, game console (single login), or digital distribution platform (single activation) where the Game was purchased. This license means that only you, on a one-time basis, may access, install the Game, and use the available Add-ons on the platform or device of your choice. You may play the Game more than once. :) All of this means that you may not use Game and Add-ons for any purpose other than personal use, such as for any commercial (money-making), political, or socially unacceptable (e.g., piracy) purposes. Granting this license does not mean that we have transferred any rights to the Game to you—they still belong to us. The license is not limited by territory or time—as long as you do not violate the terms of use set forth in the Agreement. Violating the rules set forth in the Agreement may result in its termination and the denial of access to the Game or Add-ons.
5.2. You may also make a backup copy of the Game or available Add-ons, if applicable in your case.
5.3. If you wish to create content such as Let’s Plays, Speedruns, Walkthroughs, and similar videos on YouTube, Twitch, or other similar platforms and use excerpts from the Game or available Add-ons, see caption “User Generated Content” in section 6 of this Agreement. If you have any doubts, please contact us: contact@tripleespresso.club
6. INTELLECTUAL PROPERTY RIGHTS
6.1. The game as a whole, as well as its individual visual elements, characters, storylines, graphics, animations, designs, items, music and sound effects, dialogues, artwork, computer code, user interface, appearance, game mechanics, gameplay, quests, audio, video, text, layout, databases, data, and all other content and all copyrights, trademarks, industrial designs, unregistered trade names, visual design, brand names, logos, company names, images, trade names, company or domain names, databases, patents, know-how, trade secrets, and confidential information, rights to computer software (including source code and object code), related rights, including rights to artistic performances, videograms, phonograms, synchronization rights, mechanical rights, rights of publication, rental, lending, and transmission, personality rights, and other intellectual property rights and exploitation rights of a similar or corresponding nature that may currently or in the future be in force in any part of the world, in all cases, whether or not they are registered or subject to registration, including all granted applications and all applications for registration, division, continuation, reissue, renewal, extension, reinstatement, and restoration relating to any of them, and other rights and exploitation rights pertaining thereto, whether in tangible or intangible form, these “Intellectual Property Rights,” which are owned by us or which we have acquired from third parties or which we are legally entitled to use because we have a legal basis to do so.
6.2. The Game and the available Add-ons, as well as the related Intellectual Property Rights, are protected by copyright, trademark rights, and other intellectual property rights worldwide.
6.3. We respect the intellectual property rights of others. If you believe that we have infringed your rights in connection with the Game or an available Add-on, please write to us at: Tripple Espresso S.A., ul. Szara 10, 00-420 Warsaw, or send us an email at: contact@tripleespresso.club
6.3.1. Please provide us with the following information: (i) what is protected by copyright, (ii) what material infringes those rights and where it is located, (iii) your address, phone number, and email address. Remember to include an electronic or handwritten signature from a person authorized to act on behalf of the copyright owner.
User-Generated Content
6.4. In the case of fan content (e.g., mods, tributes, “Let’s Plays,” reviews, or other video or graphic works), you may create such content for non-commercial use and only in direct connection with our Game, while also respecting the rules outlined here.
6.5. Also, do not imply that we are a co-author or partner, or that we have given any consent.
6.6. Please note that with regard to the music and imagery of soccer clubs, their emblems and characteristics, as well as their stadiums and surroundings, these are subject to separate licensing agreements between Triple Espresso S.A. and the entities that own these licenses, and you may not use them in your work without the appropriate consents or permissions.
6.7. If you are unsure about something, ask us for permission first by sending us an email at: contact@tripleespresso.club or consult directly with the creator or rights holder before publishing or distributing it. Remember that the Game always remains Our property—in
its entirety as well as in its individual elements—and the Intellectual Property Rights in the Game are also Our property.
6.8. It is your responsibility to ensure that you possess all necessary rights before using User-Generated Content and to verify that it is safe—we cannot do this for you.
6.9. You are the owner of all User-Generated Content, but we need certain rights from you to be able to use it for marketing purposes for the Game or Add-ons or for ourselves, as well as to improve our Game or Add-ons in the future. Therefore, by publishing User-Generated Content, you grant us a royalty-free, non-exclusive license, without any time or territorial restrictions, to use, exploit, modify, reproduce, adapt, distribute, transmit, communicate, and publicly display, disseminate, and perform your User-Generated Content, as well as to create derivative works from it, in connection with our services, including the Game or Add-ons.
7. MONITORING
7.1. To provide users with the best possible experience while playing the Game, prevent violations of the prohibitions set forth in this Agreement, access and resolve bugs or technical issues, and ensure compliance with the terms of this Agreement, we may use software tools that run in the background on your device while you are using the Game. For more information, see the Privacy Policy (https://www.copacity.club/en/privacy-policy). If we introduce mandatory tools, we will notify you. If the use of such tools requires your consent, we will ask for it.
8. UPDATES, FIXES, AND CHANGES
8.1. From time to time, it may be necessary to make fixes or updates to the Game or available Add-ons, in particular to: (i) implement security enhancements, fix bugs, and improve performance, (ii) ensure compatibility or adapt to changes in technical infrastructure or in areas dependent on third parties, (iii) ensure that the Game or available Add-ons meet legal or technological requirements, (iv) introduce new features and content, implement other necessary changes, or incorporate suggestions from Game users or the results of analyses, (v) ensure improvements in usability and accessibility, (vi) limit or discontinue the use of obsolete or unstable features of the Games or available Add-ons.
8.2. In the cases listed above, an update will be required—either automatic or performed by the User.
8.3. Each update enables better use of the Game or available Add-ons, improves security, and introduces fixes or bug fixes. Failure to update may pose a security risk, and over time, using the Game may become impossible. Therefore, it is advisable to install the update as soon as possible. Please note that four days after an update is made available (including security updates, fixes, or bug fixes), we are not liable for any damages resulting from the failure to install such an update. We will provide instructions on how to update the Game or the available Add-on.
9. FEEDBACK, REPORTS, CRASHES
9.1. If you’d like to share your experiences with the Game, please email us at: contact@tripleespresso.club. Please note that your suggestions are not binding on us, and we are under no obligation to implement them. And if we do use them (in whole or in part), please be aware that we are under no obligation to pay any compensation to the player who provided us with the suggestion or information, nor are we liable to such a person, and we have no copyright obligations in this regard.
9.2. If you have a problem with the Game or an available Add-on, write to us at: contact@tripleespresso.club and inform us of the existing bug. We may ask you to submit a bug report so we can improve the Game in the future. Submitting a report is not mandatory; it may contain personal data (for more information, please refer to the Privacy Policy). You can also contact our technical support: support@tripleespresso.club.
10. EXPIRATION, TERMINATION, AND CANCELLATION OF THE AGREEMENT
10.1. You may terminate this Agreement at any time by permanently ceasing to use the Game, which does not affect your and our existing rights and obligations arising prior to such termination. You may also notify us of your termination of the Agreement by sending an email to: contact@tripleespresso.club
When and how can we terminate this Agreement?
10.1.1. We may suspend or revoke your access to the Game if you commit a material breach of the terms of this Agreement, including in cases where such a breach may cause harm to other users of the Game, our affiliates, licensors, and partners.
10.1.2. Prior to doing so, we will make reasonable and justified efforts to contact you to explain why access to the Game has been suspended or revoked and what corrective actions can be taken in this regard. In the event of suspension or cancellation of access to the Game, we have no obligations toward such User, in particular no obligation to refund the price paid for the Game.
10.2. We may terminate the Agreement without the reasons listed above if:
10.2.1. we cease providing access to the Game or withdraw it in whole or in part on a specific platform,
10.2.2. we are required to do so due to laws, regulations, or a binding order from a government authority,
10.2.3. it has become impractical to continue providing the Game due to technical reasons or circumstances beyond our control,
10.2.4. external platforms or their providers on which our Game was based have ceased to support it.
10.3. We will notify you of any of the above cases by posting relevant information on our website or via a push notification in the Game at least forty (40) days in advance. In such a case, we will have no future obligations or liabilities toward you (this will not affect those that already existed between you and us).
11. FORCE MAJEURE
11.1. Neither you nor we shall be liable for the improper performance of obligations under the Agreement, their non-performance, or any delay in their performance, in whole or in part, to the extent that such failure was caused by circumstances of force majeure. By force majeure, we mean: external events, independent of you or us, impossible to prevent or foresee despite the exercise of due diligence, including the effects of natural forces (flood, earthquake, lightning, natural disaster, fire), terrorist attacks, states of necessity, states of emergency, martial law, war, epidemics, epidemic threats, decisions by public authorities, strikes, riots or civil unrest, protests, construction disasters, blackouts, lockouts, or other labor disputes (except for disputes involving the personnel of the affected party), intentional damage (including intentional damage caused by employees of the affected party or its subcontractors), compliance with applicable laws or regulations, rules, ordinances, or government recommendations, industrial actions, including, but not limited to, actions by employees of electricity suppliers, technical malfunctions, hacker attacks, denial-of-service attacks or other IT attacks, the launch of malware, viruses, or similar technologies, pandemics, the unavailability of transportation, or breaches caused by suppliers or subcontractors.
12. GOVERNING LAW
For Users who are residents of the European Union or any other country (excluding the United States of America):
12.1. You and we agree that the use of the Game or available Add-ons, as well as any matters related to this Agreement, shall be governed by the laws of Poland. If you reside in a member state of the European Union where mandatory provisions of the law of the country in which you reside would be more favorable to you than the consumer provisions of Polish law—those provisions shall apply notwithstanding the foregoing, to the extent that they are more favorable to you.
12.2. FOR USERS WHO ARE RESIDENTS OF THE UNITED STATES OF AMERICA: THE LAWS AND JURISDICTION OF CALIFORNIA—LOS ANGELES—SHALL APPLY EXCLUSIVELY: You and we agree that your use of the Game or available Add-ons, and any matters related to this Agreement, shall be deemed to have been entered into in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California, USA (and, where applicable, U.S. federal law). Any legal claims you bring against us, if not resolved pursuant to the arbitration provisions delineated in Section 14 below, will be resolved exclusively in a state or federal court in Los Angeles, California, which will have subject-matter jurisdiction over the dispute between you and us; therefore, you and we agree to the exclusive personal jurisdiction of the state and federal courts located in Los Angeles, California. In the event of any legal claims arising from this Agreement, the prevailing party shall be entitled to recover its legal fees and expenses.
13. PROBLEMS WITH THE GAME OR ADD-ONS AND THEIR RESOLUTION
13.1. Please contact us by emailing support@tripleespresso.club or by sending a letter to Tripple Espresso S.A., ul. Szara 10, 00-420 Warsaw, if you encounter any issues regarding
the Game or an available Add-on, or if the Game or Add-on does not comply with the Agreement. We will use all reasonable efforts to resolve the issue. We strive to resolve all disputes amicably and in good faith first. We commit to responding within 14 days. We will respond in the same manner in which you contacted us.
If this is unsuccessful and 30 days have passed since the dispute arose (i.e., from the date you reported the problem or concern to us), then:
13.2. For Users who are residents of the European Union or any other country (excluding the United States of America): you have the right to file a complaint with any out-of-court dispute resolution body that has been certified by the Digital Services Coordinator of the Member State in which such a body is based. You can search for the relevant institutions here: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en?prefLang=pl
13.3. Please note that we are not required to use alternative dispute resolution (ADR) methods unless absolutely required by the mandatory laws of the Member State where you reside. However, we may voluntarily agree to them.
13.4. If you reside in the European Union, you may file a claim with Polish courts or the courts competent for your place of residence. Please note that the winning party is entitled to seek reimbursement of court costs and expenses from the losing party.
13.5. If you live elsewhere (but not in the United States of America) or do not wish to use alternative dispute resolution, or if you have used it and it did not help resolve our dispute, both you and we may pursue legal action.
14. ARBITRATION PROVISIONS FOR PLAYERS IN THE U.S.
THESE PROVISIONS APPLY ONLY TO PLAYERS WHO RESIDE IN THE U.S. WE ARE TELLING YOU ABOUT THEM LOUD AND CLEAR SO YOU KNOW HOW THIS APPLIES TO YOU, BECAUSE THESE ARE THE LAWS AND WE MUST COMPLY WITH THEM.
THIS SECTION CONTAINS AN ARBITRATION CLAUSE (IN MOST DISPUTE CIRCUMSTANCES, NEITHER WE NOR YOU MAY BRING A CASE TO COURT OR SEEK A JURY TRIAL) AND ALSO PROVISIONS REGARDING THE WAIVER OF RIGHTS TO CLASS ACTIONS OR REPRESENTATIVE SUIT PROCEEDINGS.
YOU, THE US USER (HEREINAFTER ALSO REFERRED TO IN THIS SECTION AS YOU, YOUR, YOU, YOUR), AND WE, MUST AGREE TO THESE PROVISIONS, BUT YOU HAVE THE OPTION TO OPT OUT OF THE BINDING ARBITRATION AGREEMENT—DETAILS BELOW. A US USER MAY EXERCISE THIS RIGHT WITHIN THIRTY (30) DAYS OF ACCEPTING THIS AGREEMENT.
A US USER IS NOT ENTITLED TO USE THE GAME OR AVAILABLE ADD-ONS IF: (1) THEY DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, (2) YOU ARE UNDER 18 YEARS OF AGE OR THE LEGAL AGE REQUIRED TO ENTER INTO A BINDING AGREEMENT, OR YOU DO NOT HAVE THE CONSENT OF A PARENT OR LEGAL GUARDIAN TO USE THE GAME OR AVAILABLE ADD-ONS, OR (3) APPLICABLE LAW PROHIBITS ACCESS TO OR USE OF THE GAME OR AVAILABLE ADD-ONS.
14.1. You use our Game or the available Add-ons at your own risk.
14.2. We, our affiliates, partners, subsidiaries, or related companies, and licensors disclaim all warranties, express or implied, or representations or statements regarding the Game or available Add-ons, except as expressly provided in this Agreement.
14.3. The Game and available Add-ons are provided to you “as is,” “as available,” without any warranties or representations, express or implied. We are not liable for any loss, damage, or injury arising from the use of the Game or available Add-ons or the inability to use the Game or available Add-ons.
14.4. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, applicable to the Game or the available Add-ons, in particular: implied warranties of title, non-infringement, merchantability, satisfactory quality, fitness for a particular purpose, any warranties arising from the course of dealing, performance, or trade usage, the absence of viruses, errors, or defects, and any warranties regarding the accuracy, legality, reliability, or quality of any content or information contained in the Game or the available Add-ons. We do not warrant that our Game or the available Add-ons will operate uninterrupted or error-free, that defects will be corrected, or that the Game or the available Add-ons will be free of viruses or other harmful components.
14.5. To the maximum extent permitted by applicable law, neither we nor our partners, affiliates, or licensors shall be liable to you for any loss of profits, fees, or expenses, including those related to profits, loss of data, or any corruption or loss of information, or any loss of business opportunities, or any special, indirect, punitive, exemplary, or consequential loss or damage, or disruption of any kind, under any circumstances, regardless of whether the basis is breach of contract, tort (including negligence, breach of statutory duty, breach of contract, breach of warranty, or strict liability), misrepresentation, indemnity, or otherwise, regardless of whether the relevant party was advised of the possibility of such damages.
14.6. To the maximum extent permitted by applicable law, in no event shall our total liability, or that of our partners, affiliates, or licensors, to you in the U.S. in connection with the Game or available Add-ons or this Agreement exceed the amount you actually paid us (if any) in connection with the matters giving rise to the claim or claims. This is your sole and exclusive remedy.
14.7. You agree to indemnify and hold harmless us, our partners, affiliates, and licensors from and against any and all damages, liabilities, claims, and expenses, including reasonable legal fees, arising out of: (a) any breach of this Agreement by you, including your use of the Game or available Add-ons in violation of applicable law; (b) the unlawful use of our Game or available Add-ons by you or any person acting on your behalf; and (c) any infringement of our intellectual property rights or the intellectual property rights of our affiliates, but always and only to the extent that you are liable for the act or omission that caused the damages, liabilities, claims, or expenses.
Governing Law and Dispute Resolution for U.S. Users Only
14.8. If you reside in the United States, this section is critical to your rights. It contains provisions waiving your right to a jury trial and your right to participate in class actions, representative actions, or actions as a private attorney general or third-party claimant. You have the option to opt out of this arbitration agreement—detailed instructions on
how to do so are provided below. Please note that failure to opt out constitutes full acceptance of these terms.
14.9. You and We agree that if you use the Game or the available Add-ons, as well as this Agreement and any claims or causes of action (whether arising from contract, tort, any statutory cause of action, or any other legal theory), that may be based on, arise from, or be related to this Agreement, your use of the Game or the available Add-ons, your and our rights and obligations, as well as any other disputes between the parties, shall be governed by and enforced in accordance with the laws of California , without regard to or application of conflict of laws principles. Any claims that you or we may have against each other, to the extent not covered by the arbitration provision in the Binding Arbitration Agreement (applies only to U.S. users) below, will be resolved exclusively in state or federal court in Los Angeles, California, which shall have subject-matter jurisdiction over the dispute between you and us, and you and we hereby consent to the exclusive personal jurisdiction of the state and federal courts located in Los Angeles. You waive any right to argue that the state and federal courts in Los Angeles, California, are an inconvenient forum for resolving disputes.
Now, the definitions:
14.10. “Dispute” means any conflict, claim, or controversy arising between you and us (except as expressly excluded below) that in any way arises from or relates to our relationship (in any respect). Specifically, this includes:
14.10.1. Use of the Game and available Add-ons: by both you and third parties;
14.10.2. Digital Content: all licensed content;
14.10.3. Marketing activities: all advertisements and promotions related to the Game or Add-ons;
14.10.4. Legal matters: the interpretation, validity, and enforceability of the arbitration agreement, as well as the provisions of the Privacy Policy and other documents incorporated into this Agreement, including any disputes regarding the validity, enforceability, or interpretation of the arbitration agreement.
14.11. The above definition of “Dispute” applies regardless of its legal basis—whether the claim is based on a contract, statute, regulation, or tort (including allegations of negligence, fraud, misrepresentation, or fraudulent inducement), or on any other legal or equitable basis.
14.12. “Arbitration” is a process of amicable dispute resolution in which both parties present their case to a neutral arbitrator (rather than a judge or a jury). When we choose arbitration, we waive the right to have the dispute resolved in court (before a judge and/or a jury), except in situations expressly set forth in this Agreement (for example, if either party has a dispute subject to the jurisdiction of small claims court , either party may choose to have the dispute resolved in small claims court). The list of exceptions is provided below and is marked as EXCEPTION. You agree that the provisions of this section will remain in effect after your access to the Game or available add-ons and this Agreement has ended.
14.13. EXCEPTION 1: Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring an action in state or federal court solely regarding claims of patent infringement or invalidity, copyright or trademark infringement,
computer fraud and abuse, or misappropriation of trade secrets, excluding: claims related to the license granted to the User to use the Game or available Add-ons under this Agreement.
14.14. EXCEPTION 2: Either party may also pursue its rights in Small Claims Court for individual disputes or claims within the jurisdiction of such court. If arbitration is initiated, prior to the formal appointment of an arbitrator, either party may send written notice to the other party and to the arbitration entity stating that it wishes the matter to be resolved in Small Claims Court, whereupon the arbitration entity shall dismiss the case.
14.15. EXCEPTION 3: In the case of class arbitration (defined as twenty-five or more similar arbitration claims filed against the same party or related parties by individual claimants represented by the same law firm or law firms acting in concert) the JAMS Class Arbitration Procedures and Guidelines (“JAMS Class Arbitration Rules”) shall apply. In such proceedings, the parties agree that, notwithstanding any other provisions of this Agreement, the Case Manager (as described in the JAMS Class Arbitration Rules) and the arbitrators shall be authorized to implement the procedures set forth in the JAMS Class Arbitration Rules, including the consolidation of individual arbitration claims into a single coordinated proceeding. All provisions of this paragraph that do not conflict with the JAMS Class Arbitration Rules shall continue to apply. If these provisions and the JAMS Class Arbitration Rules are held to be invalid for any reason, the parties agree that the arbitration agreement contained in this Agreement is terminated, and the parties may resolve the Dispute in a court of competent jurisdiction.
14.16. You and we agree that we will use reasonable and good-faith efforts to resolve any dispute that arises and that we have defined above informally within thirty (30) days. This period begins when you send a written notice describing your claims or when we send a similar notice if we have a Dispute with you (“Dispute Notice”), which in each case must include at least the following information:
14.16.1. Your full name, email address, and, if you play on a console, your username or game tag; if you play on a computer, a screenshot of your game library along with your account name on the relevant store and proof of purchase,
14.16.2. a detailed description of your claim or Dispute with us, including dates,
14.16.3. the specific damages or other relief or remedies you are seeking.
14.17. If you are sending us a Notice of Dispute, you must send a hard copy to Triple Espresso S.A.
Szara 10, 00-420 Warsaw, Poland and a digital copy to contact@tripleespresso.club
14.18. In the event of a dispute with you, we must first send you a written Notice of Dispute describing the dispute, and send it via regular mail, email, or through an in-app notification.
14.19. When you or we send a Notice of Dispute, it initiates an informal process to resolve the dispute. If we do not resolve the Dispute within thirty (30) days, you may file a formal request for arbitration in accordance with the requirements described in this section.
14.20. Binding Arbitration Agreement: You and we, to the fullest extent permitted by law, agree to formally resolve any Disputes through individual binding arbitration. Both you and we understand that in arbitration there is no judge or jury, and the ability to have an arbitration award reviewed by a court is limited. You and we waive the right to a jury trial and to resolve disputes in court.
14.21. The arbitrator (not a court or a federal, state, or local agency) shall have exclusive authority, to the extent permitted by law, to resolve all Disputes, including, without limitation, any claims regarding the invalidity or enforceability of all or any part of this Agreement. This arbitration agreement shall be interpreted broadly and shall survive termination.
14.22. If any provision of this arbitration agreement is found to be unenforceable, that provision shall be severed, and the remainder of the arbitration agreement shall remain in full force and effect. If a court determines that applicable law prevents the enforcement of this arbitration agreement with respect to any specific claim, that claim must be excluded from arbitration, and the remaining claims will continue to be resolved through binding arbitration.
Arbitration Rules
14.23. The dispute resolution and arbitration provisions in this section are governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), and the JAMS Simplified Arbitration Rules and Procedures (“JAMS Rules”).
14.24. The arbitration will be conducted by a single JAMS arbitrator. If, for any reason, JAMS is unable to provide arbitration, then, subject to the provisions below, you or we may refer the Dispute to any national arbitration firm that handles consumer arbitrations, in accordance with procedures substantially similar to the JAMS Rules.
14.25. Unless prohibited by the JAMS Rules or the arbitrator determines that an in-person hearing is necessary, you and we agree that arbitration hearings may be conducted via videoconference. If the arbitrator determines that an in-person hearing is necessary, the location of the arbitration hearing will be determined in accordance with the JAMS Rules.
14.26. In arbitration, the arbitrator should consider the parties’ submissions.
14.27. The arbitrator will render a written decision, but is not required to provide a statement of reasons unless requested by one of the parties.
14.28. The arbitrator must follow applicable law. The arbitrator’s decision will be final and binding on you and us.
14.29. Notwithstanding any contrary provision in this Agreement, if the arbitrator cannot lawfully adjudicate or award a specific claim or remedy, such claim or remedy shall be stayed until all other claims and remedies have been resolved and the arbitration has concluded, after which a federal or state court may adjudicate the remaining portion of the claim or remedy. In such a case, the federal or state court is bound by the arbitrator’s decision, in accordance with the principles of preclusion of claims or issues.
14.30. You have the right to opt out of the arbitration agreement and not be bound by its terms by sending us written notice by mail or through any available, globally recognized courier service (e.g., UPS) to the address: Triple Espresso S.A. Szara 10, 00-420 Warsaw, Poland. You must sign and date the notice, including your full name, address, email address, and, if you play on a console, your username or game tag; if you play on a computer, we need a screenshot of your game library along with your account name in the relevant store, proof of purchase, and a clear statement of withdrawal from this arbitration agreement. The notice must be sent within thirty (30) days of the date of your initial acceptance of this Agreement; otherwise, you will be bound by the arbitration agreement.
14.31. Unless applicable law provides for a shorter statute of limitations, we and you agree that any claims arising from or related to the Game or available Add-ons must be brought within two (2) years from the date they arise; otherwise, the claim is permanently barred. This paragraph applies regardless of whether the dispute or claim is based on contract, tort, statute, fraud, unfair competition, misrepresentation, or any other legal or equitable theory.
Waiver of Class Action and Representative Action Rights (Applies Only to U.S. Users)
14.32. To the fullest extent permitted by law, neither you nor we shall be entitled to participate in any past, pending, or future class actions or other representative actions, to consolidate, join, or coordinate disputes with or against other persons or entities, nor to participate in a dispute or court proceeding in any dispute as a representative, including as a member of a class or as a private attorney general, nor otherwise seek compensation for a loss incurred by a third party in any lawsuit under any statute that permits recovery on behalf of, for the benefit of, or on behalf of, other persons or amounts lost or incurred by them. You and we expressly and unconditionally waive such rights.
14.33. If a court or arbitrator finds any provision of this Agreement relating to the waiver of certain rights to be unlawful or unenforceable, you and we agree that it shall not be severed: the arbitration agreement shall be deemed unenforceable, and any claims or disputes shall therefore be resolved in court rather than through individual arbitration.
15. CHANGES TO THE AGREEMENT
15.1. We may amend this Agreement (in whole or in part) if:
15.1.1. it is necessary (e.g., for legal reasons or to reflect changes to the Game or available Add-ons)
15.1.2. we have introduced a new Game or available Add-on that affects this Agreement,
15.1.3. it is necessary due to security, legal, or compliance requirements.
15.2. In the event of a change to the Agreement, we will make the updated version of the Agreement available to you online and use reasonable efforts to notify you of it (e.g., in the Game, on our website). If the changes we make are material, we will ask you to accept the updated Agreement. The amended Agreement will be deemed accepted if you do not terminate it within thirty (30) days of the date the changes are announced—you do not notify us by email, or you do not permanently cease using the Game.
16. FINAL PROVISIONS
16.1. If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect.
16.2. Unless otherwise provided in this Agreement, this Agreement, together with the other documents referred to herein, constitutes the entire agreement between you and us and supersedes all prior oral or written agreements.
16.3. We may assign, subcontract, or transfer this Agreement to a third party if necessary to operate the Game or available Add-ons through legally permissible modifications—we will notify you of this.
16.4. Both you and we agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the Game, the available Add-ons, or this Agreement.
16.5. We are subject to different laws and may be required to comply with legal regulations or other legal requirements.
16.6. If you, we, or neither of us exercise any of the rights or remedies provided for in this Agreement or under applicable law, or if we do not do so immediately, this does not mean that we have waived such right or remedy. We may exercise it in the future, unless we have expressly excluded such a possibility in the Agreement. This provision also applies to the exercise of such a right or remedy in the future, in whole or in part.