| Language: |
PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY.
Last Updated: January 2026
INTRODUCTION
This End User License Agreement (“EULA”) explains the terms that apply when you use our game You vs Zombies, including any related software, updates, patches, upgrades, and online services (together, the “Game”). The Game is provided by 10SIX GAMES LIMITED, a company registered in England and Wales (company number 16006090), with its registered office at 14 Museum Place, 4th Floor, Cardiff, Wales, CF10 3BH. Throughout this agreement, “we”, “us”, or “our” refers to 10SIX GAMES LIMITED.
This EULA sets out the rules under which we make the Game available to you and how you are allowed to use it. Our Game Privacy Policy, available on our website, is also an important part of this agreement.
By installing, downloading, or using the Game, you confirm that you have read, understood, and agree to be bound by both (1) this EULA and (2) the Game Privacy Policy. If you do not agree to these terms, you should not install or use the Game. If you live in the United States, please note that this agreement includes an arbitration clause and a class action waiver, which is explained in Section 14. If you do not agree to those provisions, do not purchase, download, or use the Game. By continuing to use the Game, you agree to comply with this EULA.
We may update or change this EULA from time to time, including adding, removing, or modifying terms, in line with the process described in Section 12 below.
GRANT OF LICENCE
We grant You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use our Game (in whole or in part) (the “Licence”), for such time until either You or we terminate this EULA. You must in no event use, nor allow others to use, our Game or this Licence for commercial purposes without obtaining a licence to do so from us. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use our Game on certain hardware. THIS GAME IS LICENSED TO YOU, NOT SOLD.
As applicable, certain parts of our Game may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. Please review such additional terms and any costs carefully.
OWNERSHIP
All title, ownership rights and intellectual property rights in and to our Game (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of our Game, individually or in combination) and any and all copies thereof are owned by us. Our Game is protected by national and international laws, copyright treaties and conventions and other laws. This Game may contain certain licensed materials and, in that event, our licensors may protect their rights in the event of any violation of this Agreement. Subject to Section 4, any reproduction or representation of these licensed materials in any way and for any reason is prohibited without our prior permission and, if applicable, our licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by us.
This Licence confers no title or ownership in our Game and should not be construed as a sale of any rights in our Game.
ACCESS AND RESTRICTIONS TO OUR GAME
Under this EULA, You are allowed to create and share Content related to our Game in the following ways:
Share screenshots, gameplay clips, livestreams, or videos showing Your gameplay of our Game;
Create pre-recorded or live-streamed gameplay videos of You playing our Game and share them on platforms such as Twitch or YouTube. You may monetise this content, for example through Twitch or YouTube revenue, or by offering Patreon (or similar platform) exclusive content that viewers pay to access, as long as You comply with all other terms of this EULA and use the streamer mode option in the Game. For the avoidance of doubt, You are fully liable for any third party claims you may receive from creating pre-recorded or live-streamed gameplay of our Game;
Include advertisements in pre-recorded or live-streamed gameplay videos of our Game shared on platforms such as Twitch or YouTube, provided this does not imply or suggest an endorsement by us; and
Use our Game only in accordance with its intended purpose and in compliance with all applicable laws, rules, and regulations.
For illustrative purposes, and without limiting our rights to take action where appropriate, You may not:
Sell, rent, lease, license, distribute, market, or otherwise commercially exploit our Game or any part of it;
Reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works from the Game, in whole or in part, except where our Game expressly allows You to create, generate, or submit UGC through a specific feature and where additional Game-specific Terms of Use apply;
Create, use, or distribute any “auto”, “trainer”, “script”, “macro”, cheat, or hack programs or software designed for use with the Game;
Remove, alter, disable, or bypass any copyright, trademark, authorship, ownership, or origin notices included in or displayed within the Game;
Export or re-export the Game, or any copies or adaptations of it, in violation of any applicable laws or regulations;
Create, use, share, or publish any material in connection with the Game (including text, images, audio, or video) that breaches confidentiality obligations, infringes intellectual property rights, violates privacy rights, or encourages unlawful activity, including piracy, cracking, or the distribution of counterfeit software;
Modify, interfere with, overload, disrupt, slow down, or otherwise impair the normal operation of the Game, its accessibility for other users, or the networks of our partners, or attempt to do any of these things;
Transmit or spread viruses, trojans, worms, corrupted files, or similar harmful code in connection with the Game, or organise, participate in, or assist with attacks against our servers, the Game, or the systems of our service providers or partners;
Create, supply, or use alternative methods of accessing or running the Game, including emulators;
Transmit or share any content that, in our sole discretion, is considered offensive, including content that is harmful, threatening, unlawful, abusive, harassing, defamatory, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
Harass, threaten, or intimidate other users of the Game;
Falsely claim to be our employee, representative, partner, or agent; or
Falsely suggest that the Game or Your content is endorsed by us.
CONTENT, UGC AND AIGC
Our Game may include materials, information, technology, software and other content available through our Game, 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 (referred to as “Content”). Content also includes any user-generated Content (“UGC”), which means Content contributed by users of our Game. To the extent you may be able to create Content, all Content is and will, to the furthest extent permissible under applicable law, remain our or our licensor’s exclusive property and is, to the furthest extent permissible under applicable law, protected by copyright, trademark, trade secret, intellectual property and other laws.
UGC includes users creating Content, like characters and enemies, in the Game by providing prompts in response to questions set by the Game’s internal AI creation system (such creations being referred to as “AIGC”). To create AIGC in the Game, you may be required to spend virtual currency (as detailed in section 6) and you must ensure that you have logged in to the Game via your Steam profile account. You will not be able to create AIGC without first successfully logging in.
The creation of AIGC in our Game may rely on cloud-based or third-party computing resources. You acknowledge and agree that access to such features are provided on an “as available” and “as-is” basis. We reserve the right, in our sole discretion, to limit, delay, throttle, queue, modify, or reject any user requests for AI-generated or server-dependent at any time, including but not limited to periods of high demand, server congestion, maintenance, cost constraints, or technical limitations. We do not guarantee that any request to create AIGC will be processed or completed and shall have no liability for any delay, rejection, or unavailability of such feature(s).
When You contribute UGC (including creating AIGC) to the Game, You:
Represent, warrant, and confirm that You have all necessary rights, permissions, and authorisations to create, share, or publish such Content through our Game or with us, and to grant the rights set out in this EULA;
Grant to us, as well as our licensors and licensees, a non-exclusive, perpetual, transferable, worldwide, and sublicensable licence to use, host, store, copy, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, transmit, and otherwise communicate the UGC (in whole or in part), in any format, medium, or platform, whether now known or developed in the future, without any requirement to notify You or to provide payment, credit, or attribution to You or any third party;
Grant other users of the Game, to the extent they are able to access Your UGC, the right to use, copy, modify, display, perform, create derivative works from, share, and otherwise distribute Your UGC on or through the Game, without further notice, attribution, or compensation to You;
Confirm that Your UGC will not, in our sole and exclusive judgement, include anything that is considered offensive to others or harmful to our Game or brand, including Content that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
Waive, to the fullest extent permitted by applicable law, any moral rights and any rights of publicity or privacy that You may have in relation to the UGC; and
Acknowledge and agree that You are solely responsible for all UGC that You create, submit, or share.
To the extent applicable, You may not upload or create UGC that infringes a third party's intellectual property rights or that violates the law, this EULA, or a third party's right of privacy or right of publicity. We may remove, edit or disable UGC at our sole and absolute discretion. We do not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. We may, but are not obliged to, pre-screen UGC before displaying it on our Game. We do not endorse any UGC available on our Game.
VIRTUAL FEATURES
Our Game may include certain features that we license to You for access or use, called “Virtual Features.” Virtual Features can include things like digital or unlockable Content, creating AIGC, battle passes, additional or enhanced functionality, virtual assets, in-game achievements, and virtual points, including both “soft” and “hard” virtual currency.
When You sign up for or purchase Virtual Features, we give You a personal, limited, non-transferable, revocable, and non-exclusive license to use the Virtual Features You select. Virtual Features do not have monetary value and cannot be used outside of our Game. You may not sell, trade, transfer, or exchange Virtual Features for cash. Any payment You make for Virtual Features is non-refundable, unless we state otherwise.
UPDATES AND INTERRUPTIONS
We may, by automatic update or otherwise, change, modify or update Game, Content or Virtual Features at our sole discretion. For example, we may need to update or reset certain parameters to balance game play and usage of our Game. These updates or resets may cause You setbacks within the game and may affect Your gameplay and Virtual Features under Your control. You agree that our Game may install or download the modifications automatically. You agree that we may stop supporting previous versions of our Game upon availability of an updated version.
INTERNET CONNECTION
Some features of our Game may need an internet connection, which You must provide at Your own expense. You are responsible for any fees or charges from Your internet service provider that result from downloading or using our Game.
GAME WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF OUR GAME IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR GAME IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. WE AND OUR LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. WE DO NOT WARRANT THAT OUR GAME WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR GAME IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING OUR GAME TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM OUR GAME.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE, OUR LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF OUR GAME OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH US OR OUR LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE OUR GAME; AND, IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. IN NO EVENT WILL OUR, OUR AFFILIATES, LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO US FOR OUR GAME DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 9 SHALL AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION 9, OUR LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
INDEMNITY.
You are solely responsible for any damage caused to us, our licensors, distribution partners and associated service providers and subcontractors, other users of our Game or any other individual or legal entity as a result of Your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED US AND OUR AFFILIATES, LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF OUR GAME.
We reserve the right to take sole responsibility, at your own expense, for conducting the defence of any claim for which You agreed to indemnify Us. The provisions of this Section 10 shall remain in force after termination of this EULA.
TERMINATION.
The EULA is effective from the earlier of the date You purchase, download or use our Game, until terminated according to its terms. Both You and us (or our licensors) may terminate this EULA, at any time, for any reason. Termination by us will be effective upon (a) notice to You or (b) at the time of our decision to discontinue offering and/or supporting our Game. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall our Game and destroy all copies of our Game in Your possession.
CHANGES TO THIS EULA
We may, at our sole discretion, revise, update, modify, add to, or remove certain terms of this EULA for reasons such as security, legal requirements, best practices, or regulatory compliance. These changes may take effect with or without prior notice to You. You can always view the latest version of this EULA by clicking the “EULA” link in our Game or on our website. It is Your responsibility to review this EULA periodically for any updates. If any changes are unacceptable to You or cause You to no longer agree with this EULA, You may terminate this EULA under Section 11, and must immediately uninstall our Game and delete all copies. By continuing to use our Game after any updates to this EULA, You agree to be fully bound by all changes.
AGE RESTRICTIONS
We do not target our Game to users under 18 years of age. To use our Game You must be both: (a) of an age which meets the minimum age certification requirement of the Game in the territory You are in (where applicable); and (b) in any event, You must be over the age of 18 years. By using our Game You therefore confirm that You are over 18 years of age and, where You are under 18, You confirm that You have Your parent’s or guardian’s consent and that Your parent or guardian has read and agreed to these terms.
LAW, JURISDICTION AND DISPUTE RESOLUTION.
Except expressly stated otherwise: (a) this EULA 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 14 for US residents, exclusive jurisdiction for any claim or action arising out of or relating to this EULA shall be the courts of England, and You expressly consent to the exercise of personal jurisdiction of such courts.
US Residents - Dispute Resolution by Binding Arbitration
BY ACCEPTING THE TERMS OF THE EULA, 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 team@10sixgames.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.
Claims Covered by Arbitration. All disputes, claims or controversies arising out of or relating to this EULA, our Game and its 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 this EULA. 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.
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 14 Museum Place, 4th Floor, Cardiff, Wales, CF10 3BH.
Binding Arbitration. If You and we cannot resolve a Dispute informally, subject to the exceptions in subsection 1 and this subsection 3, 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 this EULA. 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.
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.
Location. If an in-person hearing is required, the hearing will take place either in London, UK, or where You reside; You choose. 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.
Changes to this Arbitration Agreement. We will not enforce material changes to these terms to arbitrate, unless You agree to the changes.
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.
MISCELLANEOUS.
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 our Game 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 our Game in a way that constitutes copyright infringement, please submit a notice of alleged infringement (DMCA Notice) to us as follows:
10Six Games limited, 14 Museum Place, 4th Floor, Cardiff, Wales, CF10 3BH
Email : team@10sixgames.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 our Game is infringing, You may be liable to us for certain costs and damages.
Third Party Content. Our Game may contain links to third-party websites and services, including social media platforms. We do not control these websites or services and are not responsible for their content, or for how they collect, use, or share Your personal information.
Export Controls. Our Game is subject to all applicable export restrictions. You must comply with all export and import laws, regulations, and restrictions of the United Kingdom and other countries that apply to Your use of the Game. The Game may not be re-exported, downloaded, or otherwise provided to anyone in a country where the United Kingdom has embargoed goods. By using our Game, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country.
Severance. If a court or competent authority finds any part of this EULA to be invalid, illegal, or unenforceable, that part will be treated as deleted to the minimum extent required. The rest of the EULA will remain valid and enforceable. If a provision would be valid, enforceable, and legal after removing only part of it, it will be applied in that modified form to reflect our original intentions.
No Waiver. If we (or our licensors) do not exercise a right or delay in exercising a right under this EULA or by law, it does not mean we waive that right or any other right. Similarly, exercising a right partially or once does not prevent us from exercising it again. Any waiver of a right or remedy will only occur if we provide a written statement confirming it.
Assignment. We may assign this EULA to another party without notice to You, as allowed by law. You may not sublicense, assign, transfer, or delegate any of Your rights or obligations under this EULA without our prior written consent. Any attempt to do so without consent is void.
General Terms. When this EULA uses the words "include," "includes," or "including," it should be read as also including “but not limited to.” This EULA, together with any other terms that govern Your use of our Game, represents the entire agreement between You and us. If You are a consumer, local laws may give You rights that cannot be excluded, limited, or changed. Those rights take priority over this EULA.
For any questions concerning this EULA, You may contact us at the following email address: team@10sixgames.com.
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.
Last Updated: January 2026
INTRODUCTION
This End User License Agreement (“EULA”) explains the terms that apply when you use our game You vs Zombies, including any related software, updates, patches, upgrades, and online services (together, the “Game”). The Game is provided by 10SIX GAMES LIMITED, a company registered in England and Wales (company number 16006090), with its registered office at 14 Museum Place, 4th Floor, Cardiff, Wales, CF10 3BH. Throughout this agreement, “we”, “us”, or “our” refers to 10SIX GAMES LIMITED.
This EULA sets out the rules under which we make the Game available to you and how you are allowed to use it. Our Game Privacy Policy, available on our website, is also an important part of this agreement.
By installing, downloading, or using the Game, you confirm that you have read, understood, and agree to be bound by both (1) this EULA and (2) the Game Privacy Policy. If you do not agree to these terms, you should not install or use the Game. If you live in the United States, please note that this agreement includes an arbitration clause and a class action waiver, which is explained in Section 14. If you do not agree to those provisions, do not purchase, download, or use the Game. By continuing to use the Game, you agree to comply with this EULA.
We may update or change this EULA from time to time, including adding, removing, or modifying terms, in line with the process described in Section 12 below.
GRANT OF LICENCE
We grant You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use our Game (in whole or in part) (the “Licence”), for such time until either You or we terminate this EULA. You must in no event use, nor allow others to use, our Game or this Licence for commercial purposes without obtaining a licence to do so from us. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use our Game on certain hardware. THIS GAME IS LICENSED TO YOU, NOT SOLD.
As applicable, certain parts of our Game may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. Please review such additional terms and any costs carefully.
OWNERSHIP
All title, ownership rights and intellectual property rights in and to our Game (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of our Game, individually or in combination) and any and all copies thereof are owned by us. Our Game is protected by national and international laws, copyright treaties and conventions and other laws. This Game may contain certain licensed materials and, in that event, our licensors may protect their rights in the event of any violation of this Agreement. Subject to Section 4, any reproduction or representation of these licensed materials in any way and for any reason is prohibited without our prior permission and, if applicable, our licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by us.
This Licence confers no title or ownership in our Game and should not be construed as a sale of any rights in our Game.
ACCESS AND RESTRICTIONS TO OUR GAME
Under this EULA, You are allowed to create and share Content related to our Game in the following ways:
Share screenshots, gameplay clips, livestreams, or videos showing Your gameplay of our Game;
Create pre-recorded or live-streamed gameplay videos of You playing our Game and share them on platforms such as Twitch or YouTube. You may monetise this content, for example through Twitch or YouTube revenue, or by offering Patreon (or similar platform) exclusive content that viewers pay to access, as long as You comply with all other terms of this EULA and use the streamer mode option in the Game. For the avoidance of doubt, You are fully liable for any third party claims you may receive from creating pre-recorded or live-streamed gameplay of our Game;
Include advertisements in pre-recorded or live-streamed gameplay videos of our Game shared on platforms such as Twitch or YouTube, provided this does not imply or suggest an endorsement by us; and
Use our Game only in accordance with its intended purpose and in compliance with all applicable laws, rules, and regulations.
For illustrative purposes, and without limiting our rights to take action where appropriate, You may not:
Sell, rent, lease, license, distribute, market, or otherwise commercially exploit our Game or any part of it;
Reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works from the Game, in whole or in part, except where our Game expressly allows You to create, generate, or submit UGC through a specific feature and where additional Game-specific Terms of Use apply;
Create, use, or distribute any “auto”, “trainer”, “script”, “macro”, cheat, or hack programs or software designed for use with the Game;
Remove, alter, disable, or bypass any copyright, trademark, authorship, ownership, or origin notices included in or displayed within the Game;
Export or re-export the Game, or any copies or adaptations of it, in violation of any applicable laws or regulations;
Create, use, share, or publish any material in connection with the Game (including text, images, audio, or video) that breaches confidentiality obligations, infringes intellectual property rights, violates privacy rights, or encourages unlawful activity, including piracy, cracking, or the distribution of counterfeit software;
Modify, interfere with, overload, disrupt, slow down, or otherwise impair the normal operation of the Game, its accessibility for other users, or the networks of our partners, or attempt to do any of these things;
Transmit or spread viruses, trojans, worms, corrupted files, or similar harmful code in connection with the Game, or organise, participate in, or assist with attacks against our servers, the Game, or the systems of our service providers or partners;
Create, supply, or use alternative methods of accessing or running the Game, including emulators;
Transmit or share any content that, in our sole discretion, is considered offensive, including content that is harmful, threatening, unlawful, abusive, harassing, defamatory, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
Harass, threaten, or intimidate other users of the Game;
Falsely claim to be our employee, representative, partner, or agent; or
Falsely suggest that the Game or Your content is endorsed by us.
CONTENT, UGC AND AIGC
Our Game may include materials, information, technology, software and other content available through our Game, 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 (referred to as “Content”). Content also includes any user-generated Content (“UGC”), which means Content contributed by users of our Game. To the extent you may be able to create Content, all Content is and will, to the furthest extent permissible under applicable law, remain our or our licensor’s exclusive property and is, to the furthest extent permissible under applicable law, protected by copyright, trademark, trade secret, intellectual property and other laws.
UGC includes users creating Content, like characters and enemies, in the Game by providing prompts in response to questions set by the Game’s internal AI creation system (such creations being referred to as “AIGC”). To create AIGC in the Game, you may be required to spend virtual currency (as detailed in section 6) and you must ensure that you have logged in to the Game via your Steam profile account. You will not be able to create AIGC without first successfully logging in.
The creation of AIGC in our Game may rely on cloud-based or third-party computing resources. You acknowledge and agree that access to such features are provided on an “as available” and “as-is” basis. We reserve the right, in our sole discretion, to limit, delay, throttle, queue, modify, or reject any user requests for AI-generated or server-dependent at any time, including but not limited to periods of high demand, server congestion, maintenance, cost constraints, or technical limitations. We do not guarantee that any request to create AIGC will be processed or completed and shall have no liability for any delay, rejection, or unavailability of such feature(s).
When You contribute UGC (including creating AIGC) to the Game, You:
Represent, warrant, and confirm that You have all necessary rights, permissions, and authorisations to create, share, or publish such Content through our Game or with us, and to grant the rights set out in this EULA;
Grant to us, as well as our licensors and licensees, a non-exclusive, perpetual, transferable, worldwide, and sublicensable licence to use, host, store, copy, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, transmit, and otherwise communicate the UGC (in whole or in part), in any format, medium, or platform, whether now known or developed in the future, without any requirement to notify You or to provide payment, credit, or attribution to You or any third party;
Grant other users of the Game, to the extent they are able to access Your UGC, the right to use, copy, modify, display, perform, create derivative works from, share, and otherwise distribute Your UGC on or through the Game, without further notice, attribution, or compensation to You;
Confirm that Your UGC will not, in our sole and exclusive judgement, include anything that is considered offensive to others or harmful to our Game or brand, including Content that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
Waive, to the fullest extent permitted by applicable law, any moral rights and any rights of publicity or privacy that You may have in relation to the UGC; and
Acknowledge and agree that You are solely responsible for all UGC that You create, submit, or share.
To the extent applicable, You may not upload or create UGC that infringes a third party's intellectual property rights or that violates the law, this EULA, or a third party's right of privacy or right of publicity. We may remove, edit or disable UGC at our sole and absolute discretion. We do not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. We may, but are not obliged to, pre-screen UGC before displaying it on our Game. We do not endorse any UGC available on our Game.
VIRTUAL FEATURES
Our Game may include certain features that we license to You for access or use, called “Virtual Features.” Virtual Features can include things like digital or unlockable Content, creating AIGC, battle passes, additional or enhanced functionality, virtual assets, in-game achievements, and virtual points, including both “soft” and “hard” virtual currency.
When You sign up for or purchase Virtual Features, we give You a personal, limited, non-transferable, revocable, and non-exclusive license to use the Virtual Features You select. Virtual Features do not have monetary value and cannot be used outside of our Game. You may not sell, trade, transfer, or exchange Virtual Features for cash. Any payment You make for Virtual Features is non-refundable, unless we state otherwise.
UPDATES AND INTERRUPTIONS
We may, by automatic update or otherwise, change, modify or update Game, Content or Virtual Features at our sole discretion. For example, we may need to update or reset certain parameters to balance game play and usage of our Game. These updates or resets may cause You setbacks within the game and may affect Your gameplay and Virtual Features under Your control. You agree that our Game may install or download the modifications automatically. You agree that we may stop supporting previous versions of our Game upon availability of an updated version.
INTERNET CONNECTION
Some features of our Game may need an internet connection, which You must provide at Your own expense. You are responsible for any fees or charges from Your internet service provider that result from downloading or using our Game.
GAME WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF OUR GAME IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR GAME IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. WE AND OUR LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. WE DO NOT WARRANT THAT OUR GAME WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR GAME IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING OUR GAME TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM OUR GAME.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE, OUR LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF OUR GAME OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH US OR OUR LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE OUR GAME; AND, IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. IN NO EVENT WILL OUR, OUR AFFILIATES, LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO US FOR OUR GAME DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 9 SHALL AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION 9, OUR LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
INDEMNITY.
You are solely responsible for any damage caused to us, our licensors, distribution partners and associated service providers and subcontractors, other users of our Game or any other individual or legal entity as a result of Your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED US AND OUR AFFILIATES, LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF OUR GAME.
We reserve the right to take sole responsibility, at your own expense, for conducting the defence of any claim for which You agreed to indemnify Us. The provisions of this Section 10 shall remain in force after termination of this EULA.
TERMINATION.
The EULA is effective from the earlier of the date You purchase, download or use our Game, until terminated according to its terms. Both You and us (or our licensors) may terminate this EULA, at any time, for any reason. Termination by us will be effective upon (a) notice to You or (b) at the time of our decision to discontinue offering and/or supporting our Game. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall our Game and destroy all copies of our Game in Your possession.
CHANGES TO THIS EULA
We may, at our sole discretion, revise, update, modify, add to, or remove certain terms of this EULA for reasons such as security, legal requirements, best practices, or regulatory compliance. These changes may take effect with or without prior notice to You. You can always view the latest version of this EULA by clicking the “EULA” link in our Game or on our website. It is Your responsibility to review this EULA periodically for any updates. If any changes are unacceptable to You or cause You to no longer agree with this EULA, You may terminate this EULA under Section 11, and must immediately uninstall our Game and delete all copies. By continuing to use our Game after any updates to this EULA, You agree to be fully bound by all changes.
AGE RESTRICTIONS
We do not target our Game to users under 18 years of age. To use our Game You must be both: (a) of an age which meets the minimum age certification requirement of the Game in the territory You are in (where applicable); and (b) in any event, You must be over the age of 18 years. By using our Game You therefore confirm that You are over 18 years of age and, where You are under 18, You confirm that You have Your parent’s or guardian’s consent and that Your parent or guardian has read and agreed to these terms.
LAW, JURISDICTION AND DISPUTE RESOLUTION.
Except expressly stated otherwise: (a) this EULA 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 14 for US residents, exclusive jurisdiction for any claim or action arising out of or relating to this EULA shall be the courts of England, and You expressly consent to the exercise of personal jurisdiction of such courts.
US Residents - Dispute Resolution by Binding Arbitration
BY ACCEPTING THE TERMS OF THE EULA, 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 team@10sixgames.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.
Claims Covered by Arbitration. All disputes, claims or controversies arising out of or relating to this EULA, our Game and its 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 this EULA. 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.
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 14 Museum Place, 4th Floor, Cardiff, Wales, CF10 3BH.
Binding Arbitration. If You and we cannot resolve a Dispute informally, subject to the exceptions in subsection 1 and this subsection 3, 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 this EULA. 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.
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.
Location. If an in-person hearing is required, the hearing will take place either in London, UK, or where You reside; You choose. 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.
Changes to this Arbitration Agreement. We will not enforce material changes to these terms to arbitrate, unless You agree to the changes.
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.
MISCELLANEOUS.
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 our Game 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 our Game in a way that constitutes copyright infringement, please submit a notice of alleged infringement (DMCA Notice) to us as follows:
10Six Games limited, 14 Museum Place, 4th Floor, Cardiff, Wales, CF10 3BH
Email : team@10sixgames.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 our Game is infringing, You may be liable to us for certain costs and damages.
Third Party Content. Our Game may contain links to third-party websites and services, including social media platforms. We do not control these websites or services and are not responsible for their content, or for how they collect, use, or share Your personal information.
Export Controls. Our Game is subject to all applicable export restrictions. You must comply with all export and import laws, regulations, and restrictions of the United Kingdom and other countries that apply to Your use of the Game. The Game may not be re-exported, downloaded, or otherwise provided to anyone in a country where the United Kingdom has embargoed goods. By using our Game, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country.
Severance. If a court or competent authority finds any part of this EULA to be invalid, illegal, or unenforceable, that part will be treated as deleted to the minimum extent required. The rest of the EULA will remain valid and enforceable. If a provision would be valid, enforceable, and legal after removing only part of it, it will be applied in that modified form to reflect our original intentions.
No Waiver. If we (or our licensors) do not exercise a right or delay in exercising a right under this EULA or by law, it does not mean we waive that right or any other right. Similarly, exercising a right partially or once does not prevent us from exercising it again. Any waiver of a right or remedy will only occur if we provide a written statement confirming it.
Assignment. We may assign this EULA to another party without notice to You, as allowed by law. You may not sublicense, assign, transfer, or delegate any of Your rights or obligations under this EULA without our prior written consent. Any attempt to do so without consent is void.
General Terms. When this EULA uses the words "include," "includes," or "including," it should be read as also including “but not limited to.” This EULA, together with any other terms that govern Your use of our Game, represents the entire agreement between You and us. If You are a consumer, local laws may give You rights that cannot be excluded, limited, or changed. Those rights take priority over this EULA.
For any questions concerning this EULA, You may contact us at the following email address: team@10sixgames.com.
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.