| Language: |
Panic Stations - EULA / Terms of Use
Last updated: 5 May 2026
By purchasing, downloading or using any of our games or their related services (the Services), you agree to this Terms of Use (these Terms) and the Privacy Policy for the Services.
In particular, if you are a US resident, you agree to the arbitration agreement and class action waiver described in Section 15 below. If you do not agree to these Terms, please do not purchase, download or use our Services. These Terms are a binding legal contract between you and Panic Stations Ltd.
1. Who we are
We are Panic Stations Ltd, a company registered in England and Wales with company number 16596670 (Panic Stations, we, our and us). Our registered office is at 167 - 169 Great Portland Street, London, United Kingdom, W1W 5PF.
2. License
Our software is licensed to you under these Terms. Subject to your compliance with these Terms, including the Rules of Conduct below, we grant you a personal, limited, non-transferable, revocable and non-exclusive license to: (a) use our Services for your own personal use; and (b) make and publicly display footage of you using our Services on online video streaming and social networking services. We reserve any rights in our Services not explicitly granted to you under these Terms.
Please also see our separate Player Content Policy. for more detail on how you can use our assets outside of our Services. Link here - https://www.panicstations.com/terms-privacy#privacy
3. Content and UGC
Our Services include Content. We use the term Content to mean all materials, information, technology, software and any other content available through our Services, including trademarks, logos, visual interfaces, images, illustrations, designs, compilations, articles, advertisements, software, computer code, services, text, pictures, photos, audio clips and video clips, and the selection and arrangement thereof. Content also includes any user-generated Content (UGC), which means Content contributed by users of our Services. All Content created in our Services is the property of Panic Stations or its licensors, and is protected by copyright, trademark, trade secret, intellectual property and other laws.
4. Virtual Features
Our Services may include Virtual Features. We use the term Virtual Features to mean rights that we license to you to access or use certain features that we may make available on our Services. Examples of Virtual Features may include access to digital or unlockable Content, additional or enhanced functionality, virtual assets, in-game achievements, and virtual points, “soft” virtual currency and “hard” virtual currency.
When you sign up or pay for Virtual Features, we grant you a personal, limited, non-transferable, revocable and non-exclusive license to access the selected Virtual Features. Virtual Features have no monetary value and no value outside of our Services. You cannot sell, trade or transfer Virtual Features, or exchange them for cash. Any payment you make for access to a Virtual Feature is non-refundable unless otherwise stated or as required under applicable law.
5. Updates, Online Server Support and Interruptions
We may need to, from time to time, by automatic update or otherwise, change, modify or update our Services, Content or Virtual Features. For example, we may need to update or reset certain parameters to balance game play and usage of our Services to ensure you have the best playing experience. Whilst we will try to avoid it, these updates or resets may cause you minor setbacks within the relevant game world and may slightly affect your gameplay and Virtual Features under your control. If our Services use online servers, whilst we will use reasonable efforts to maintain them, we cannot guarantee to continue to make those servers available, and may in future be required to terminate online features.
We may be required to interrupt our Services from time to time on a regularly scheduled basis or otherwise and we will try to give you prior notice to perform maintenance on our Services to maintain the best playable experience. You acknowledge that we may interrupt, suspend or terminate our Services in emergencies and we cannot guarantee that you will be able to access our Services whenever you may wish to do so. We are not liable to you for any consequences resulting from changes, modifications, updates or interruptions to our Services, or the discontinuation of any Services.
6. Internet Connection
Some features of our Services may require an internet connection, which you are required to provide at your own expense. You are also responsible for any costs and fees charged by your internet service provider related to the download and use of our Services.
7. Restrictions
Whilst we grant you a lot of freedom in our games, there are a few things you are not permitted to do, or even try to do. These rules exist to keep the game fair and fun for everyone. You cannot:
• Use our Services for anything illegal or not permitted by these Terms.
• Share, sell, or lend your account, use someone else's account, or access our Services through any unauthorized third-party platform.
• Reverse engineer, decompile, extract source code from, copy, or resell any part of our Services.
• Use our Services to build or help build a competing product.
• Remove any copyright notices, trademarks, or legal labels from our Services.
• Stream or publicly display footage that misrepresents our Services, falsely claims sponsorship by us, or unfairly harms our rights.
• Disrupt or interfere with our Services or servers — including through hacking, denial-of-service attacks, uploading malicious software, or probing for security vulnerabilities.
• Harass, threaten, bully, spam, or target other users — including through personal attacks based on race, sexuality, religion, nationality, or any other characteristic.
• Create, share, post, or organize content or activities that are abusive, hateful, obscene, sexually explicit, defamatory, illegal, infringing on others' rights, or otherwise offensive.
• Use our messaging features for advertising, spam, chain letters, pyramid schemes, or any commercial solicitation.
• Impersonate another person or falsely claim to be our employee or representative.
• Abuse in-game support tools or file false reports.
• Use bots, scrapers, or automated tools to extract, index, or reproduce our content, or collect other users' private information such as passwords.
• Modify any part of our Services unless specifically authorized, or use or distribute counterfeit software, content, or virtual items.
• Use our Services in any region where we're legally prohibited from operating.
• Use publicly visible user information (such as leaderboard data) for purposes unrelated to our Services, including attempting to identify users in real life.
• Do anything that significantly disrupts a fair, peaceful, and respectful gaming environment.
• Promote, encourage, or participate in any of the above.
Some of our Services may post additional rules that apply to your conduct on those services. Please make sure you read those carefully.
If you encounter another user who is violating any of these rules, please report this activity to us at hello@panicstations.com. We will review the report and may, if we deem it necessary, take action against anyone who violates our Terms, such as by temporarily or permanently revoking access to certain or all of our Services and terminating their account. We may also take such actions, at our sole discretion, in respect of anyone who knowingly submits a false report in bad faith.
8. Notice and Copyright Infringement Claims
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances as determined by us, users or account holders who are deemed to be repeat infringers of the copyrights of others. We may also at its sole discretion limit access to the Services and/or update, transfer, suspend, or terminate the accounts of any users who infringe the intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that your work has been used in the Services in a way that constitutes copyright infringement, please submit a notice of alleged infringement to us as follows:
Panic Stations Ltd, 167 - 169 Great Portland Street, London, United Kingdom, W1W 5PF
Email : hello@panicstations.com
Please see DMCA 17 U.S.C. § 512(c)(3) for the requirements of a proper DMCA notice. Also, please note that if you knowingly misrepresent that any activity or material on the Services is infringing, you may be liable to us for certain costs and damages.
9. Termination
These Terms are effective until terminated by you or us.
You may terminate these Terms by deleting all copies of the software and no longer using any of our Services. We may suspend or terminate your account and your use of any of our Services where we, among other things, consider that your use of our Services breaches these Terms or applicable law, or where we choose not to continue providing any Service to any person for any reason.
If we take any action described in this Section, any license you may have under these Terms will terminate and, to the fullest extent permitted by applicable law, you will not be entitled to a refund, credit or any other reimbursement for any payments you made for any Services, including any Virtual Features. Our exercise of any of our rights under these Terms shall not prejudice any remedies to which we may be entitled under law or equity.
Sections 3, 4 and 8-19 of these Terms shall survive termination of these Terms.
10. Privacy
You acknowledge that you have read and agree to our Privacy Policy. Please make sure that you have separately read and understand it.
11. Third-Party Content
Our Services may include hyperlinks to third-party websites and services such as social media platforms. We do not control those websites and services and are not responsible for their content or for their collection, use or disclosure of your personal information.
12. Legal Disclaimers
To the maximum extent permitted by applicable law, we provide our services "as is", "with all faults", "as available" and without warranty or condition of any kind. You use our services at your own risk. We, our affiliates and any subsidiaries, and all of our and their respective employees, officers, directors, representatives, agents, assigns, successors, shareholders, partners and suppliers (PS Parties) disclaim all warranties and conditions, express, implied, statutory, or otherwise.
Without limiting the foregoing, we give no express, implied or statutory warranties or conditions, including implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, noninfringement of third party rights, or warranties or conditions arising from a course of dealing, usage or practice. We do not warrant or condition against interference with your enjoyment of our services; that our services will meet your requirements; that operation of our services will be uninterrupted, secure, available at any particular time or location, or free from errors, bugs, corruption, loss, interference, hacking, viruses or other harmful components; or that our services will interoperate or be compatible with any other software.
13. Limitations of Liability
To the maximum extent permitted by applicable law, in no event shall any PS Party be liable for any indirect, incidental, special, consequential or punitive damages, including for loss of profits, data, use, goodwill, or other intangible losses, whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages.
Without limiting the foregoing, you expressly agree that you are solely responsible for any damages or losses resulting from:
• Your access to or use of or inability to access or use our services;
• Any conduct or content of any third party using our services;
• Any content obtained from our services;
• Any use or non-use of your streaming footage; or
• Unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Further, to the maximum extent permitted by applicable law, the PS Parties’ aggregate liability will not exceed the total amounts you have paid (if any) for the Services under these Terms during the twelve (12) months immediately preceding the events giving rise to such liability.
14. Governing Law
Except where expressly stated otherwise: (a) these Terms shall be governed and construed in accordance with the laws of England, without regard to its conflict of law provisions; and (b) subject to Section 15 for US residents, exclusive jurisdiction for any claim or action arising out of or relating to these Terms or our Services shall be the courts of England, and you expressly consent to the exercise of personal jurisdiction of such courts.
15. US Residents - Dispute Resolution by Binding Arbitration
BY ACCEPTING THE TERMS OF THESE TERMS, YOU AND WE EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN ALL APPLICABLE JURISDICTIONS.
This Section offers a streamlined way to resolve disputes between you and us if they arise. Most of your concerns can be resolved by contacting us at hello@panicstations.com or the relevant developer. If we cannot resolve your concern, you and we agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.
This Section is an agreement between you and us, and applies to our respective agents, employees, affiliates, predecessors, successors, beneficiaries and assigns. This agreement to arbitrate evidences a transaction in interstate commerce, and thus where relevant, the Federal Arbitration Act and its equivalents in other jurisdictions governs the interpretation and enforcement of this Section.
(A) Claims Covered by Arbitration
All disputes, claims or controversies arising out of or relating to these Terms, any of our Services and their marketing, or the relationship between you and us (Disputes) shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into these Terms. The only Disputes not covered by this Section are claims (a) regarding the infringement, protection or validity of your, our or our licensors' trade secrets or copyright, trademark or patent rights; or (b) brought in small claims court.
(B) Informal Negotiations
You and we shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other (Notice of Dispute). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. We will send our Notice of Dispute to your billing or email address. You will send your Notice of Dispute to hello@panicstations.com.
(C) Binding Arbitration
If you and we cannot resolve a Dispute informally, subject to the exceptions in subsection (A) and this subsection (C), you or we will have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the Judicial Arbitration Mediation Services, Inc. (JAMS) according to the JAMS Streamlined Arbitration Rules and Procedures effective 1 June 2021 (the JAMS Rules) as modified by these Terms. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Rules. If such costs are determined by the arbitrator to be excessive, or if you send us a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, we may pay the relevant arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and we may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
(D) Limitations
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR OR YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subsection is found to be unenforceable, then the entirety of these Terms to arbitrate shall be null and void.
(E) Location
If an in-person hearing is required, the hearing will take place either in London, UK. Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement.
(F) Changes to this Arbitration Agreement
We will not enforce material changes to these Terms to arbitrate, unless you agree to the changes.
(G) Severability
If any clause within this Section (other than the class action waiver clause above) is illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full effect. If the class action waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by a court.
16. Changes to these Terms
Only we may amend these Terms. You should review these Terms regularly to take notice of any amendments. Your continued use of our Services after their effective date means you accept such amendments. If you do not agree to the amendments, immediately stop using our Services.
17. Assignment
We reserve the right to assign these Terms to another party without notice to you, to the extent permitted by applicable law. You may not sublicense, assign, transfer or delegate any of your rights or obligations under these Terms to any third party without our prior written consent. Any attempted sublicense, assignment, transfer or delegation in violation of this article shall be void.
18. General Terms
Any use of the words "include", "includes" or "including" in these Terms also includes the words "but not limited to" after them. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, together with any other of our terms that govern your use of our Services, constitutes the entire agreement between you and us. As a consumer, you may have rights under applicable local laws that cannot be excluded, limited or changed. Those rights take priority over anything in these Terms.
19. Translations
These Terms are made in the English language. Translations of these Terms into other languages may be provided for convenience purposes only. In the event of any conflict, inconsistency, or ambiguity between the English language version and any translated version, the English language version shall prevail and take precedence in all respects, including but not limited to the interpretation, construction, and enforcement of these Terms and the resolution of any dispute arising out of or in connection with it.
Last updated: 5 May 2026
By purchasing, downloading or using any of our games or their related services (the Services), you agree to this Terms of Use (these Terms) and the Privacy Policy for the Services.
In particular, if you are a US resident, you agree to the arbitration agreement and class action waiver described in Section 15 below. If you do not agree to these Terms, please do not purchase, download or use our Services. These Terms are a binding legal contract between you and Panic Stations Ltd.
1. Who we are
We are Panic Stations Ltd, a company registered in England and Wales with company number 16596670 (Panic Stations, we, our and us). Our registered office is at 167 - 169 Great Portland Street, London, United Kingdom, W1W 5PF.
2. License
Our software is licensed to you under these Terms. Subject to your compliance with these Terms, including the Rules of Conduct below, we grant you a personal, limited, non-transferable, revocable and non-exclusive license to: (a) use our Services for your own personal use; and (b) make and publicly display footage of you using our Services on online video streaming and social networking services. We reserve any rights in our Services not explicitly granted to you under these Terms.
Please also see our separate Player Content Policy. for more detail on how you can use our assets outside of our Services. Link here - https://www.panicstations.com/terms-privacy#privacy
3. Content and UGC
Our Services include Content. We use the term Content to mean all materials, information, technology, software and any other content available through our Services, including trademarks, logos, visual interfaces, images, illustrations, designs, compilations, articles, advertisements, software, computer code, services, text, pictures, photos, audio clips and video clips, and the selection and arrangement thereof. Content also includes any user-generated Content (UGC), which means Content contributed by users of our Services. All Content created in our Services is the property of Panic Stations or its licensors, and is protected by copyright, trademark, trade secret, intellectual property and other laws.
4. Virtual Features
Our Services may include Virtual Features. We use the term Virtual Features to mean rights that we license to you to access or use certain features that we may make available on our Services. Examples of Virtual Features may include access to digital or unlockable Content, additional or enhanced functionality, virtual assets, in-game achievements, and virtual points, “soft” virtual currency and “hard” virtual currency.
When you sign up or pay for Virtual Features, we grant you a personal, limited, non-transferable, revocable and non-exclusive license to access the selected Virtual Features. Virtual Features have no monetary value and no value outside of our Services. You cannot sell, trade or transfer Virtual Features, or exchange them for cash. Any payment you make for access to a Virtual Feature is non-refundable unless otherwise stated or as required under applicable law.
5. Updates, Online Server Support and Interruptions
We may need to, from time to time, by automatic update or otherwise, change, modify or update our Services, Content or Virtual Features. For example, we may need to update or reset certain parameters to balance game play and usage of our Services to ensure you have the best playing experience. Whilst we will try to avoid it, these updates or resets may cause you minor setbacks within the relevant game world and may slightly affect your gameplay and Virtual Features under your control. If our Services use online servers, whilst we will use reasonable efforts to maintain them, we cannot guarantee to continue to make those servers available, and may in future be required to terminate online features.
We may be required to interrupt our Services from time to time on a regularly scheduled basis or otherwise and we will try to give you prior notice to perform maintenance on our Services to maintain the best playable experience. You acknowledge that we may interrupt, suspend or terminate our Services in emergencies and we cannot guarantee that you will be able to access our Services whenever you may wish to do so. We are not liable to you for any consequences resulting from changes, modifications, updates or interruptions to our Services, or the discontinuation of any Services.
6. Internet Connection
Some features of our Services may require an internet connection, which you are required to provide at your own expense. You are also responsible for any costs and fees charged by your internet service provider related to the download and use of our Services.
7. Restrictions
Whilst we grant you a lot of freedom in our games, there are a few things you are not permitted to do, or even try to do. These rules exist to keep the game fair and fun for everyone. You cannot:
• Use our Services for anything illegal or not permitted by these Terms.
• Share, sell, or lend your account, use someone else's account, or access our Services through any unauthorized third-party platform.
• Reverse engineer, decompile, extract source code from, copy, or resell any part of our Services.
• Use our Services to build or help build a competing product.
• Remove any copyright notices, trademarks, or legal labels from our Services.
• Stream or publicly display footage that misrepresents our Services, falsely claims sponsorship by us, or unfairly harms our rights.
• Disrupt or interfere with our Services or servers — including through hacking, denial-of-service attacks, uploading malicious software, or probing for security vulnerabilities.
• Harass, threaten, bully, spam, or target other users — including through personal attacks based on race, sexuality, religion, nationality, or any other characteristic.
• Create, share, post, or organize content or activities that are abusive, hateful, obscene, sexually explicit, defamatory, illegal, infringing on others' rights, or otherwise offensive.
• Use our messaging features for advertising, spam, chain letters, pyramid schemes, or any commercial solicitation.
• Impersonate another person or falsely claim to be our employee or representative.
• Abuse in-game support tools or file false reports.
• Use bots, scrapers, or automated tools to extract, index, or reproduce our content, or collect other users' private information such as passwords.
• Modify any part of our Services unless specifically authorized, or use or distribute counterfeit software, content, or virtual items.
• Use our Services in any region where we're legally prohibited from operating.
• Use publicly visible user information (such as leaderboard data) for purposes unrelated to our Services, including attempting to identify users in real life.
• Do anything that significantly disrupts a fair, peaceful, and respectful gaming environment.
• Promote, encourage, or participate in any of the above.
Some of our Services may post additional rules that apply to your conduct on those services. Please make sure you read those carefully.
If you encounter another user who is violating any of these rules, please report this activity to us at hello@panicstations.com. We will review the report and may, if we deem it necessary, take action against anyone who violates our Terms, such as by temporarily or permanently revoking access to certain or all of our Services and terminating their account. We may also take such actions, at our sole discretion, in respect of anyone who knowingly submits a false report in bad faith.
8. Notice and Copyright Infringement Claims
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances as determined by us, users or account holders who are deemed to be repeat infringers of the copyrights of others. We may also at its sole discretion limit access to the Services and/or update, transfer, suspend, or terminate the accounts of any users who infringe the intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that your work has been used in the Services in a way that constitutes copyright infringement, please submit a notice of alleged infringement to us as follows:
Panic Stations Ltd, 167 - 169 Great Portland Street, London, United Kingdom, W1W 5PF
Email : hello@panicstations.com
Please see DMCA 17 U.S.C. § 512(c)(3) for the requirements of a proper DMCA notice. Also, please note that if you knowingly misrepresent that any activity or material on the Services is infringing, you may be liable to us for certain costs and damages.
9. Termination
These Terms are effective until terminated by you or us.
You may terminate these Terms by deleting all copies of the software and no longer using any of our Services. We may suspend or terminate your account and your use of any of our Services where we, among other things, consider that your use of our Services breaches these Terms or applicable law, or where we choose not to continue providing any Service to any person for any reason.
If we take any action described in this Section, any license you may have under these Terms will terminate and, to the fullest extent permitted by applicable law, you will not be entitled to a refund, credit or any other reimbursement for any payments you made for any Services, including any Virtual Features. Our exercise of any of our rights under these Terms shall not prejudice any remedies to which we may be entitled under law or equity.
Sections 3, 4 and 8-19 of these Terms shall survive termination of these Terms.
10. Privacy
You acknowledge that you have read and agree to our Privacy Policy. Please make sure that you have separately read and understand it.
11. Third-Party Content
Our Services may include hyperlinks to third-party websites and services such as social media platforms. We do not control those websites and services and are not responsible for their content or for their collection, use or disclosure of your personal information.
12. Legal Disclaimers
To the maximum extent permitted by applicable law, we provide our services "as is", "with all faults", "as available" and without warranty or condition of any kind. You use our services at your own risk. We, our affiliates and any subsidiaries, and all of our and their respective employees, officers, directors, representatives, agents, assigns, successors, shareholders, partners and suppliers (PS Parties) disclaim all warranties and conditions, express, implied, statutory, or otherwise.
Without limiting the foregoing, we give no express, implied or statutory warranties or conditions, including implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, noninfringement of third party rights, or warranties or conditions arising from a course of dealing, usage or practice. We do not warrant or condition against interference with your enjoyment of our services; that our services will meet your requirements; that operation of our services will be uninterrupted, secure, available at any particular time or location, or free from errors, bugs, corruption, loss, interference, hacking, viruses or other harmful components; or that our services will interoperate or be compatible with any other software.
13. Limitations of Liability
To the maximum extent permitted by applicable law, in no event shall any PS Party be liable for any indirect, incidental, special, consequential or punitive damages, including for loss of profits, data, use, goodwill, or other intangible losses, whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages.
Without limiting the foregoing, you expressly agree that you are solely responsible for any damages or losses resulting from:
• Your access to or use of or inability to access or use our services;
• Any conduct or content of any third party using our services;
• Any content obtained from our services;
• Any use or non-use of your streaming footage; or
• Unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Further, to the maximum extent permitted by applicable law, the PS Parties’ aggregate liability will not exceed the total amounts you have paid (if any) for the Services under these Terms during the twelve (12) months immediately preceding the events giving rise to such liability.
14. Governing Law
Except where expressly stated otherwise: (a) these Terms shall be governed and construed in accordance with the laws of England, without regard to its conflict of law provisions; and (b) subject to Section 15 for US residents, exclusive jurisdiction for any claim or action arising out of or relating to these Terms or our Services shall be the courts of England, and you expressly consent to the exercise of personal jurisdiction of such courts.
15. US Residents - Dispute Resolution by Binding Arbitration
BY ACCEPTING THE TERMS OF THESE TERMS, YOU AND WE EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN ALL APPLICABLE JURISDICTIONS.
This Section offers a streamlined way to resolve disputes between you and us if they arise. Most of your concerns can be resolved by contacting us at hello@panicstations.com or the relevant developer. If we cannot resolve your concern, you and we agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.
This Section is an agreement between you and us, and applies to our respective agents, employees, affiliates, predecessors, successors, beneficiaries and assigns. This agreement to arbitrate evidences a transaction in interstate commerce, and thus where relevant, the Federal Arbitration Act and its equivalents in other jurisdictions governs the interpretation and enforcement of this Section.
(A) Claims Covered by Arbitration
All disputes, claims or controversies arising out of or relating to these Terms, any of our Services and their marketing, or the relationship between you and us (Disputes) shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into these Terms. The only Disputes not covered by this Section are claims (a) regarding the infringement, protection or validity of your, our or our licensors' trade secrets or copyright, trademark or patent rights; or (b) brought in small claims court.
(B) Informal Negotiations
You and we shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other (Notice of Dispute). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. We will send our Notice of Dispute to your billing or email address. You will send your Notice of Dispute to hello@panicstations.com.
(C) Binding Arbitration
If you and we cannot resolve a Dispute informally, subject to the exceptions in subsection (A) and this subsection (C), you or we will have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the Judicial Arbitration Mediation Services, Inc. (JAMS) according to the JAMS Streamlined Arbitration Rules and Procedures effective 1 June 2021 (the JAMS Rules) as modified by these Terms. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Rules. If such costs are determined by the arbitrator to be excessive, or if you send us a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, we may pay the relevant arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and we may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
(D) Limitations
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR OR YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subsection is found to be unenforceable, then the entirety of these Terms to arbitrate shall be null and void.
(E) Location
If an in-person hearing is required, the hearing will take place either in London, UK. Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement.
(F) Changes to this Arbitration Agreement
We will not enforce material changes to these Terms to arbitrate, unless you agree to the changes.
(G) Severability
If any clause within this Section (other than the class action waiver clause above) is illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full effect. If the class action waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by a court.
16. Changes to these Terms
Only we may amend these Terms. You should review these Terms regularly to take notice of any amendments. Your continued use of our Services after their effective date means you accept such amendments. If you do not agree to the amendments, immediately stop using our Services.
17. Assignment
We reserve the right to assign these Terms to another party without notice to you, to the extent permitted by applicable law. You may not sublicense, assign, transfer or delegate any of your rights or obligations under these Terms to any third party without our prior written consent. Any attempted sublicense, assignment, transfer or delegation in violation of this article shall be void.
18. General Terms
Any use of the words "include", "includes" or "including" in these Terms also includes the words "but not limited to" after them. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, together with any other of our terms that govern your use of our Services, constitutes the entire agreement between you and us. As a consumer, you may have rights under applicable local laws that cannot be excluded, limited or changed. Those rights take priority over anything in these Terms.
19. Translations
These Terms are made in the English language. Translations of these Terms into other languages may be provided for convenience purposes only. In the event of any conflict, inconsistency, or ambiguity between the English language version and any translated version, the English language version shall prevail and take precedence in all respects, including but not limited to the interpretation, construction, and enforcement of these Terms and the resolution of any dispute arising out of or in connection with it.