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The current version of these Terms is always at https://portentum.game/terms
Last updated: September 28, 2026
PLEASE READ THESE TERMS CAREFULLY. They form a binding agreement between you and Firelight Games LLC. In particular:
If you are under the age of majority where you live, a parent or legal guardian must read and accept these Terms on your behalf.
These Terms are the contract for playing Portentum.
1.1. These Terms of Service (the "Terms") are an agreement between you and Firelight Games LLC, a Utah limited liability company doing business as Snowfall Games ("Snowfall", "we", "us", "our"). They govern your access to and use of the Services (defined below).
1.2. You accept these Terms by clicking "Accept" (or a similar button) where they are presented to you, including when you first sign in to the Game. If you do not accept them, you may not use the Game. If you accept these Terms on behalf of a minor under Section 3.2, you accept them both for that minor and for yourself.
1.3. You may view the Sites without accepting these Terms. Your permission to use content on the Sites is subject to Sections 5.2, 13, and 14, and we provide the Sites on the basis described in Section 18.
1.4. Our [Privacy Policy](/privacy) explains how we collect and use personal information. It is not part of these Terms, but you should read it.
1.5. Third-Party Platforms. If you obtain, sign in to, or pay for the Services through a Third-Party Platform, that Third-Party Platform's terms (for Steam, the Steam Subscriber Agreement) also apply to your use of that Third-Party Platform. The operator of a Third-Party Platform is not a party to these Terms. We do not control and are not responsible for any Third-Party Platform, including its availability, its payment processing, its refund decisions, or its handling of your account with it. Payment, taxes, and refunds for purchases made through a Third-Party Platform are governed by its terms, subject to our own refund commitments in these Terms. On any other matter concerning the Services, if these Terms conflict with a Third-Party Platform's terms, these Terms control as between you and Snowfall.
In these Terms:
2.1. "Game" means the video game Portentum, in any version, build, demo, or edition, including updates, patches, and downloadable content.
2.2. "Services" means the Game; the browser version of the Game at play.portentum.game; the Snowfall Account as used with the Game; the Sites; and the online features, servers, and support we provide in connection with them.
2.3. "Snowfall Account" means the account you use to sign in to the Services, which may also be used with other Snowfall games.
2.4. "Third-Party Platform" means a service operated by someone other than Snowfall that you use to obtain, sign in to, or pay for the Services, including Steam (operated by Valve Corporation), Google, and Discord.
2.5. "Virtual Items" means all in-game currencies, items, and content that can be earned, bought, or otherwise obtained in the Game, including Gems, Gold, Fragments, cards, card packs, dice, cosmetics, Journals and Journal rewards, tickets, and Starter Pack contents.
2.6. "Premium Currency" means Gems and any other in-game currency that can be bought with real money. "Purchased Premium Currency" means Premium Currency you obtained by paying real money, directly or as part of a Starter Pack, as shown in our records. "Granted Premium Currency" means all other Premium Currency, including Premium Currency granted as a reward, through Journals or achievements, or as compensation. "Earned Currency" means Gold, Fragments, and any other in-game currency that cannot be bought directly with real money.
2.7. "Randomized Item" means a Virtual Item whose contents are determined at random when it is opened or redeemed, including card packs.
2.8. "User Content" means content you create or submit through the Services, including your display name and the boards, decks, and lineups you build in the Game.
2.9. "Early Access Period" means any period during which the Game, or a feature, mode, or version of it, is offered as early access, beta, playtest, preview, or demo, including while the Game is marked as "Early Access" on Steam.
2.10. "Code of Conduct" means the rules in Section 10.
2.11. "Purchased Virtual Item" means a Virtual Item that you obtained (a) directly in exchange for real money or Premium Currency, (b) as part of a Starter Pack, or (c) by opening a Randomized Item that you obtained under (a) or (b), including the Journal rewards of a Journal unlocked with Premium Currency.
2.12. "Starter Pack" means downloadable content for the Game sold on a Third-Party Platform that grants Virtual Items to your Snowfall Account.
2.13. "Sites" means portentum.game and wiki.portentum.game.
2.14. "Consumer" means an individual who uses the Services wholly or mainly for purposes outside that individual's trade, business, craft, or profession.
2.15. Interpretation. Headings and the italic summaries below them are for convenience only and do not affect the meaning of these Terms. "Including" and "for example" mean "including without limitation". "Days" means calendar days. A reference to a Section includes its subsections.
You must be at least 13, and minors need a parent's permission.
3.1. You must be at least 13 years old to use the Services. If you live in a country where the minimum age for using online services without parental consent is higher, you must be at least that age or have the consent of a parent or legal guardian.
3.2. If you are under the age of majority where you live, you may use the Services only with the consent of a parent or legal guardian who has read and accepted these Terms for you and for themselves. That parent or guardian confirms that they have legal authority to do so, and is responsible for your use of the Services and for all purchases made for the Game through your Snowfall Account or through the Third-Party Platform account you use to sign in.
3.3. You may not use the Services if you are located in, or are ordinarily resident in, a country or region subject to comprehensive United States sanctions, or if you are on any United States government list of prohibited or restricted parties (see Section 23).
4.1. Sign-in. You sign in to the Services through a Third-Party Platform, such as Steam, Google, or Discord. Your use of that Third-Party Platform is governed by its own terms. If you lose access to the Third-Party Platform account you use to sign in, or that Third-Party Platform suspends or closes it, you may lose access to your Snowfall Account and its Virtual Items. We may, but are not required to, help you regain access after verifying that you are the account holder.
4.2. Personal and non-transferable. Your Snowfall Account is personal to you. You may not sell, transfer, lend, or share your Snowfall Account or its Virtual Items, or allow anyone else to access it. We do not recognize any transfer of a Snowfall Account, and any attempted transfer is void.
4.3. Responsibility. You are responsible for all activity on your Snowfall Account and for keeping your sign-in credentials secure. Notify us promptly at info@snowfall.games if you believe your Snowfall Account has been accessed without your permission.
4.4. Accurate information. You must not impersonate any person or misrepresent your identity or affiliation.
4.5. Other Snowfall games. Your Snowfall Account may also be used with other Snowfall games, which have their own terms. These Terms govern your use of the Snowfall Account with the Services only. Deleting or terminating your Snowfall Account ends your access to every Snowfall game that uses it.
We license the Game to you; we do not sell it.
5.1. License. Subject to your compliance with these Terms, Snowfall grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your own personal entertainment and for the uses permitted by Section 13, and not for any other commercial purpose.
5.2. Restrictions. Except as expressly permitted by these Terms or by applicable law that cannot be excluded by contract, you may not:
5.3. Reservation of rights. The Services are licensed, not sold. All rights not expressly granted to you in these Terms are reserved by Snowfall and its licensors.
5.4. Updates. We may release updates to the Game, which may be installed automatically by the Third-Party Platform or your browser. Some features, including all online play, may not work unless you install the latest update.
Virtual Items are part of the game, not property, and have no cash value.
6.1. Limited license. Virtual Items are licensed to you under Section 5 for use in the Game. You do not own Virtual Items, and they are not personal property. Virtual Items have no cash value and are not money, a deposit, or a stored-value instrument. They cannot be sold, transferred, cashed out, or redeemed for real money, goods, or anything of value outside the Game, except as these Terms expressly state or applicable law requires.
6.2. Premium and Earned Currency. Premium Currency can be bought with real money through a Third-Party Platform and may also be granted in the Game. Earned Currency cannot be bought directly with real money. Premium Currency and Earned Currency can be used only to obtain Virtual Items and features we offer in the Game.
6.3. No trading. Buying, selling, or trading Virtual Items or Snowfall Accounts outside the Game, or for anything of value, is prohibited.
6.4. Changes to Virtual Items. We may change the prices and availability of Virtual Items offered in the future at any time. A price change does not affect Virtual Items you already hold. We may change the rewards and in-game effects of Virtual Items, including by rebalancing cards, dice, and modes, to keep the Game balanced and enjoyable, to develop new content, to fix errors, or for technical, security, or legal reasons. Rebalancing the in-game effect of a Virtual Item is not a removal of that Virtual Item.
6.5. Specific commitments. Notwithstanding Section 6.4:
6.6. Corrections and reversals. We may correct your Virtual Item balances and inventory to reverse (a) Virtual Items credited in error, including through a bug, pricing mistake, or technical fault; (b) Virtual Items obtained through fraud, cheating, exploits, or other breach of these Terms; and (c) Virtual Items obtained through a purchase that is refunded, reversed, or charged back, to the extent of that purchase. If Virtual Items to be reversed under (c) have already been used, we may instead reverse Virtual Items obtained with them, or reduce your balance of the relevant currency below zero. A negative Premium Currency balance must be cleared before further Premium Currency can be spent. If we reverse under (a) a Virtual Item you obtained with Premium Currency, we will return the Premium Currency you spent on it. While a chargeback or payment dispute is pending, we may suspend the use of the Premium Currency and Virtual Items delivered by the disputed purchase. We do not suspend or terminate a Snowfall Account, or access to the Game, because you asked for a refund or disputed a charge, unless the request or dispute was fraudulent.
6.7. Limits. We may set reasonable limits on the amount of Premium Currency that can be bought, held, or spent in a period.
6.8. Unspent Purchased Premium Currency. Where these Terms provide for a refund of unspent Purchased Premium Currency, the amount refunded is the lower of (a) your Premium Currency balance at the relevant time and (b) the Purchased Premium Currency added to your Snowfall Account in the period stated in the relevant Section (or, if none is stated, at any time), excluding purchases that were refunded or reversed. We value it at the average price you paid per unit of Purchased Premium Currency in that period. Premium Currency received in a Starter Pack is valued at the lowest price per unit at which Premium Currency was offered for real money when you bought the Starter Pack. Premium Currency received in a Starter Pack whose price is refunded under these Terms is not refunded again.
7.1. Third-Party Platforms. All real-money purchases in or for the Game, including Premium Currency and downloadable content such as Starter Packs, are sold and processed by the applicable Third-Party Platform (currently Steam). The price, currency, taxes, payment method, and receipt are provided by that Third-Party Platform, and its terms of sale apply.
7.2. Refunds. Except as stated in Sections 6.5, 7.4, 16.5, 17.2, and 24.4, as required by applicable law, or as provided by the refund policy of the Third-Party Platform through which you made the purchase, all purchases of Premium Currency and Virtual Items are final and non-refundable, including purchases of Premium Currency that has not been spent. Steam decides refunds of Starter Packs and of Premium Currency and other items bought in the Game under its refund policy. If a Third-Party Platform refunds or reverses a purchase, we will remove what it delivered, as described in Section 6.6.
7.3. Delivery. Premium Currency is delivered to your Snowfall Account when Steam confirms the purchase. Starter Pack contents are delivered when the Game confirms that your Steam account owns the Starter Pack. If a purchase is not delivered within 24 hours, contact us at info@snowfall.games and we will deliver it or tell you why we cannot.
7.4. Right of withdrawal. Purchases made through a Third-Party Platform are subject to that Third-Party Platform's refund process (for Steam, Valve's Refund Policy). Premium Currency and other items you buy in the Game are supplied by Snowfall, and Steam processes the payment. If you are a Consumer in the European Economic Area or the United Kingdom, you have a legal right to withdraw from a purchase of digital content within 14 days. You lose that right once delivery begins if you have asked for immediate delivery and acknowledged that you would lose it; by confirming a purchase after the purchase screen in the Game states this, you make that request and acknowledgement. If the country of your Steam account is in the European Union, the European Economic Area, the United Kingdom, or Switzerland, the Game then confirms your request and acknowledgement to you in its notices, where the confirmation remains available to you. Nothing in this Section limits your statutory rights, including if the digital content is faulty. Where we sell Virtual Items to you without a Third-Party Platform processing the payment, we ask for that request and acknowledgement before delivery and confirm them to you in writing.
8.1. Nature. The contents of a Randomized Item are determined at random when it is opened, in accordance with the probabilities and any guaranteed outcomes (such as a guaranteed higher-rarity card after a number of openings) that apply to that Randomized Item.
8.2. No value outside the Game. Randomized Items and their contents are Virtual Items under Section 6 and cannot be exchanged for real money or anything of value outside the Game.
8.3. Disclosure. We publish the probability of receiving each rarity for every Randomized Item, and any guaranteed outcome and how progress toward it is counted (the "Odds Disclosure"), at portentum.game/odds, which is linked from the store in the Game. This applies to every type of Randomized Item, whether offered for Premium Currency, Earned Currency, or as a reward. The Odds Disclosure forms part of these Terms. We may change the Odds Disclosure. A change applies to Randomized Items opened after it is published, and it does not reset progress you have already made toward a guaranteed outcome. We will announce a change in the Game at least 7 days before it takes effect, and we will not offer a discount on a Randomized Item during the 7 days before a change to its Odds Disclosure takes effect. If the Odds Disclosure contains an error, the probabilities actually applied by the Game control for Randomized Items opened before we correct it, except that where the published probability of a rarity was higher than the applied probability, we will return to each affected player the Premium Currency or Earned Currency they spent on the affected Randomized Items, and they keep the contents. Except for guaranteed outcomes, probabilities apply to each opening and do not guarantee any particular result over any number of openings.
8.4. Guarantee progress. Progress toward a guaranteed outcome is part of your Snowfall Account's game data. It cannot be transferred between accounts. We will not reset progress toward a guaranteed outcome for a type of Randomized Item offered for Premium Currency, except under Section 6.6 or when your Snowfall Account is deleted or terminated.
8.5. Competitions. Rewards from Arena runs, tournaments, and other competitive modes are Virtual Items only, unless official rules we publish for a specific event state otherwise. Those official rules form part of these Terms for that event. Players may not offer real-money or other prizes for competitions run in the Game without our written permission.
8.6. Prices. When you buy Premium Currency, the Third-Party Platform you buy through (currently Steam) shows the price in your local currency before you confirm the purchase.
The Game is still being made, so things will change.
9.1. While the Game is in an Early Access Period, you acknowledge that the Game is under active development, is not in its final form, and may contain bugs, errors, or incomplete features. Descriptions of planned features, roadmaps, and release dates in the Game, on Steam, on the Sites, or in our other communications describe our plans at the time and are not promises. Subject to Sections 6.5 and 9.2, the Game may change substantially, and features may be added or removed, during or at the end of an Early Access Period.
9.2. While the Game is in an Early Access Period, we may reset, modify, or remove game progress, ratings, rankings, Earned Currency, and Virtual Items that are not Purchased Virtual Items. A reset will not remove Premium Currency, Purchased Virtual Items, or progress protected by Section 8.4, except under Section 6.6. We will announce a reset in the Game and on portentum.game at least 14 days before it happens. We will not reset your game progress, Earned Currency, or Virtual Items when, or because, the Game stops being marked as "Early Access" on Steam. This does not limit corrections and reversals under Section 6.6, including to fix bugs and exploits.
9.3. We may require you to keep confidential any feature or content that we identify in writing as confidential in a closed test. We do not impose confidentiality on any Early Access Period that is open to the public.
Play fair and treat others with respect.
When using the Services, or when taking part in any official Snowfall community space or event (such as our Discord server or an in-person event), you must not:
10.1. Cheating. Use, develop, or distribute cheats, bots, scripts, automation, modified clients, or any software or hardware that gives an unfair advantage, automates gameplay, or interferes with the Services.
10.2. Exploits. Knowingly use any bug, error, or unintended game mechanic to gain an advantage or a Virtual Item, or distribute instructions or tools designed to help others do so. We ask that you report any exploit you find to info@snowfall.games. Reporting or publicly discussing a bug is not a breach of this Section. Virtual Items obtained through a bug, including items created or duplicated through a design flaw, are subject to Section 6.6 whether or not you used it knowingly.
10.3. Manipulation of competitive play. Arrange or throw matches, trade wins, collude with other players, or otherwise manipulate matchmaking, ratings, leaderboards, tournaments, board snapshots, or battle replays.
10.4. Multiple accounts. Create or use multiple Snowfall Accounts to obtain additional rewards, Randomized Item guarantees, or competitive advantage, or to evade a sanction. Having more than one Snowfall Account because you signed in with different sign-in methods is not a breach of this Section 10.4.
10.5. Commercial activity. Buy, sell, trade, or advertise Virtual Items, Snowfall Accounts, or in-game services (including boosting or playing on another person's account) for real money or anything of value outside the Game.
10.6. Display names. Choose a display name that is hateful, harassing, sexually explicit, violent, or discriminatory; that impersonates another person or Snowfall; that contains personal information of another person; or that infringes another person's rights.
10.7. Harm to others. Harass, threaten, defame, or abuse any person, including Snowfall staff.
10.8. Harm to the Services. Attack, overload, probe, or disrupt the Services or their servers, or access or attempt to access accounts, data, or systems you are not authorized to access.
10.9. Unlawful use. Use the Services in violation of any applicable law or regulation.
10.10. Assisting others. Help, encourage, or allow another person to do any of the above.
11.1. Ownership. As between you and Snowfall, you keep whatever rights you have in your User Content. Your User Content may be built from elements of the Game, which remain owned by Snowfall. Game records, including battle records, replays, battle videos, ratings, rankings, and statistics, are not User Content. As between you and Snowfall, they are owned by Snowfall. This does not affect your rights over your personal data under the Privacy Policy.
11.2. License to us. You grant Snowfall a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers; to other users of the Services, to the extent needed for them to view and play against your User Content; and to platforms, press, and partners through which we distribute promotional materials described in (c)), transferable (only with the Services under Section 26.2) license to host, store, reproduce, display, perform, and distribute your User Content, and to create derivative works of it, solely to:
This license lasts for as long as your User Content is held in the Services and for a reasonable period afterward to remove it, except that it is perpetual for promotional materials created before your Snowfall Account was deleted, and for boards included, without your display name, as opponents in an Offline Version under Section 17. If you ask us not to feature your battles in promotional material, as described in our Privacy Policy, we will not use them in promotional material we create after your request. To the extent permitted by the law where you live, you waive, and agree not to assert against Snowfall or those we sublicense under this Section, any moral rights in your User Content for the uses permitted by this Section.
11.3. No generative AI training. We do not use your User Content to train generative artificial intelligence models, and we do not license it to anyone for that purpose.
11.4. Your responsibility. You are responsible for your User Content and confirm you have the rights needed to grant the license in Section 11.2.
11.5. Removal. We may remove, change, or refuse to display User Content that breaches these Terms or that we are required to remove by law, including by renaming a display name that breaches Section 10.6. We are not required to monitor User Content.
If you send us ideas, suggestions, or other feedback about the Services ("Feedback"), you grant Snowfall a worldwide, perpetual, irrevocable, royalty-free license to use it for any purpose without obligation or compensation to you. We are not required to use Feedback. Feedback is not confidential, and you will not be entitled to credit or payment for it. To the extent permitted by the law where you live, you waive any moral rights in Feedback.
13.1. You may create, publish, and monetize videos, livestreams, screenshots, and other media showing gameplay of the Game ("Creator Content"), provided that:
13.2. We may withdraw this permission for particular Creator Content that breaches this Section 13.
13.3. Music in the Game is owned by Snowfall, and you may include it in Creator Content that complies with this Section 13. If Creator Content that complies with this Section 13 receives an automated copyright claim for music from the Game, email info@snowfall.games with the link and we will release the claim or ask the claimant to release it.
14.1. The Services, including all software, code, art, music, sound, text, characters, cards, dice, designs, and the names and logos "Portentum" and "Snowfall Games", are owned by Snowfall or its licensors and are protected by copyright, trademark, and other laws.
14.2. You may not use our trademarks, logos, or branding except as permitted by Section 13 or with our prior written consent.
15.1. If you believe content available through the Services infringes your copyright, send a notice complying with 17 U.S.C. § 512(c)(3) to our designated agent: Copyright Agent, Firelight Games LLC, by email to info@snowfall.games with "Copyright Agent" in the subject line. Our agent's postal address is listed in the US Copyright Office's DMCA Designated Agent Directory and is available on request by email to info@snowfall.games.
15.2. If your content was removed in response to a notice and you believe the removal was a mistake, you may send a counter-notice complying with 17 U.S.C. § 512(g)(3).
15.3. We terminate, in appropriate circumstances, the Snowfall Accounts of repeat infringers.
15.4. A person who knowingly materially misrepresents that content is infringing, or that it was removed by mistake, may be liable for damages under 17 U.S.C. § 512(f).
15A.1. If you believe a display name, board, or other content in the Services is illegal or breaks these Terms, email info@snowfall.games with a link to or description of the content, where it appears, why you think it is illegal, and your name and email address (unless the report concerns child sexual abuse material). We review reports manually and will tell you what we decided.
15A.2. Our single point of contact for users, and for authorities of EU Member States, the European Commission, and the European Board for Digital Services, is info@snowfall.games. We communicate in English.
15A.3. Our moderation is done by staff; we do not use automated tools to remove content. When we act on content or an account, Section 16 applies.
Breaking the rules has consequences, and you can appeal.
16.1. Measures. If we reasonably believe you have breached these Terms, we may take one or more of the following measures, proportionate to the breach: issue a warning; remove or change User Content; reverse Virtual Items under Section 6.6; reset ratings, rankings, or progress; remove you from leaderboards or tournaments; restrict features; suspend your access to the Game temporarily; or terminate your access to the Game. For serious breaches that also affect other Snowfall games or our systems, including fraud, attacks on the Services, and ban evasion, we may suspend or terminate your Snowfall Account. We may suspend access while we investigate a suspected serious breach.
16.2. Notice and reasons. When we take a measure under Section 16.1, we will tell you what measure we took, how long it lasts, which rule we believe you broke and the facts we relied on, and how to appeal: by email if we have an email address for you, and otherwise in reply when you contact us at info@snowfall.games. If your access is suspended or closed, the sign-in screen tells you so and tells you to contact info@snowfall.games for the reasons and to appeal. We are not required to disclose how we detect breaches. We may delay this notice only while giving it would compromise the security of the Services or an ongoing investigation, and we will give it as soon as that reason ends. We will not give notice where the law prohibits it.
16.3. Appeal. You may appeal any measure by emailing info@snowfall.games within 60 days of being notified of it. A member of our staff who was not involved in the original decision, where we have one available, will review your appeal and tell you the outcome and the reasons for it within 30 days. A measure stays in effect while an appeal is pending. If your appeal succeeds, we will reverse the measure and restore any Virtual Items removed because of it. The appeal outcome is our final decision, without affecting your rights under applicable law, including any right to use an out-of-court dispute settlement body or to go to court.
16.4. Termination by you. You may stop using the Services at any time and may ask us to delete your Snowfall Account as described in our Privacy Policy.
16.5. Termination by us without cause. We may terminate your access to the Game without cause on at least 30 days' notice. If we do, we will refund your unspent Purchased Premium Currency, valued under Section 6.8, and the price of any Starter Pack you bought in the 6 months before our notice, through the Third-Party Platform you paid through or by another method we choose. A termination required by law, by a court or authority, or by a Third-Party Platform, or made under Section 23, is not a termination without cause, but we will make the same refund where the law allows it.
16.6. Effect of termination. When your access to the Game or your Snowfall Account ends for any reason, your license under Section 5 and your license to the affected Virtual Items end. You are not entitled to a refund or any compensation for Virtual Items or Premium Currency when that happens, except as stated in Sections 6.5(b), 6.5(d), 16.5, 17.2, and 24.4 or as required by applicable law.
16.7. Ban evasion. If your access to the Game or your Snowfall Account is suspended or terminated, you may not create or use another Snowfall Account to access the Services without our permission.
17.1. Changes. We may update, change, add, or remove features, modes, content, and Virtual Items in the Services, subject to Section 6.5 and Section 9.2.
17.2. Discontinuation. We may discontinue the Services or the Game's online features. If we do, we will:
17.3. Except as stated in this Section 17 or required by applicable law, discontinuation of the Services or of the Game's online features does not entitle you to a refund or compensation.
17.4. Offline Version. If we discontinue the Game's online features under Section 17.2, we will use commercially reasonable efforts to make an Offline Version of the Game available at no charge before the discontinuation takes effect. The notice under Section 17.2(a) will say when and where we expect it to be available. Unless the discontinuation is required by law, by a court or authority, by a Third-Party Platform, or by an event described in Section 25, or Snowfall is insolvent (unable to pay its debts as they fall due) or subject to bankruptcy or similar proceedings, we will not end the Game's online features until the later of the end of the notice period under Section 17.2(a) and the earlier of the day the Offline Version is released and 90 days after the notice. If the Offline Version has not been released when the discontinuation takes effect, we will continue those efforts for at least 90 days afterward and announce the result on portentum.game. "Commercially reasonable efforts" means the efforts that a reasonable developer of a game of similar size and revenue would make in the same circumstances; it does not require us to act in a way that would make Snowfall insolvent, or to breach any law or agreement. Your license under Section 5 continues for the Offline Version, subject to Sections 5.2 and 5.3.
17.5. What the Offline Version includes. An "Offline Version" is a version of the Game that: (a) runs, without any connection to our servers, on the operating systems supported by the Steam version of the Game when we give notice under Section 17.2; (b) includes the game modes available when we give that notice in which you play against the Game or against saved opponent boards rather than live against another player, played against a set of opponent boards included in the Offline Version; (c) makes all cards, dice, cosmetics, and other content then offered in the Game available to every player without purchase; and (d) is distributed through Steam or, if Steam is not available for it, through another method we announce on portentum.game.
17.6. What the Offline Version need not include. The Offline Version need not include online features (including battles against other players' current boards, rankings, tournaments, share links, and replays of online battles), your Snowfall Account progress or Virtual Items, the sale of Premium Currency or other Virtual Items, or updates or support after its release. Opponents based on boards built by players will not show those players' display names or other personal data.
17.7. Limits. We may leave out of the Offline Version any content we do not have the right to distribute in it, any feature we cannot lawfully provide in it, and any feature that depends on a third-party service that is no longer available and has no reasonable substitute. These limits apply only to the affected content or feature and not to the rest of the Offline Version.
17.8. Fan projects after discontinuation. After the Game's online features have been discontinued under Section 17.2, Sections 5.2(a), 5.2(c), 5.2(e), and 5.2(g) do not prevent you from making, sharing, or using non-commercial modifications of the Offline Version, or from operating or using non-commercial servers for it (together, "Fan Projects"), provided that: (a) you do not sell a Fan Project, charge anyone for access to it, or use it for any other commercial purpose; (b) you do not use the names or logos "Portentum" or "Snowfall Games", or any other trademark of Snowfall, in a way that suggests the Fan Project is official or endorsed by Snowfall, and you state clearly that it is not; (c) you do not distribute the Offline Version or its files, other than your own modifications and files needed for them to work with a copy of the Offline Version obtained from us; and (d) the Fan Project complies with applicable law. You may accept voluntary donations for a Fan Project if they are used only to cover the actual costs of hosting and running it; donations must not give access, in-game benefits, or any other perk, and no one may make a profit from a Fan Project. Snowfall keeps all rights in the Game and its content, and this Section gives no ownership of them. Snowfall does not operate, control, support, update, or warrant any Fan Project, is not responsible for it, and has no obligation to anyone in connection with it; you use Fan Projects at your own risk. We may withdraw this permission for a particular Fan Project that does not meet these conditions.
18.1. EXCEPT FOR OUR COMMITMENTS IN SECTIONS 6.5, 6.6, 8.3, 8.4, 9.2, 16.5, AND 17.2 TO 17.7, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL VIRTUAL ITEMS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SNOWFALL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT GAME PROGRESS, DATA, OR VIRTUAL ITEMS WILL BE PRESERVED. SNOWFALL IS NOT RESPONSIBLE FOR THIRD-PARTY PLATFORMS OR FOR CONTENT OR SERVICES PROVIDED BY OTHERS, INCLUDING OTHER PLAYERS.
18.2. If you are a Consumer in the European Economic Area, the United Kingdom, or Switzerland, Section 18.1 does not apply to you. Instead, we will provide the Services with reasonable care and skill, and you have the benefit of the legal guarantees of conformity for digital content under the law of the country where you live.
18.3. If you are a Consumer in Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies those guarantees.
19.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SNOWFALL AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR VIRTUAL ITEMS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SNOWFALL'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE SERVICES AND VIRTUAL ITEMS IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED US DOLLARS (US$100). THIS LIMIT APPLIES TO ALL CLAIMS TOGETHER AND IS NOT INCREASED BY THE EXISTENCE OF MORE THAN ONE CLAIM, AND IT APPLIES EVEN IF A LIMITED REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE.
19.3. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
19.4. If you are a Consumer in the European Economic Area, the United Kingdom, or Switzerland, Sections 19.1 and 19.2 do not apply to you. Instead, we are liable for foreseeable loss caused by our breach of these Terms or our failure to use reasonable care and skill, and not for loss that was not foreseeable. We provide the Services for domestic and private use only, and we are not liable to Consumers for loss of profit, loss of business, business interruption, or loss of business opportunity. If you are a Consumer in Germany, our liability for slight negligence is limited to breaches of essential contractual obligations, and to the damage typically foreseeable when the contract was made.
19.5. New Jersey. If you are a resident of New Jersey, (a) the exclusion of punitive damages in Section 19.1 and the limit in Section 19.2 do not apply to claims for which New Jersey law does not permit them to be excluded or limited, including claims arising from our gross negligence or willful misconduct, and (b) Section 20 does not apply to claims arising from our own negligence.
To the fullest extent permitted by applicable law, you agree to indemnify Snowfall against third-party claims, and related losses and reasonable legal costs, to the extent they are caused by your breach of these Terms or your violation of any law or the rights of a third party. We will notify you of any claim for which we seek indemnity. We may control the defense of the claim, and you will cooperate with us. You may not settle a claim that affects Snowfall without our written consent. This Section does not apply to the extent a claim results from our own negligence or breach, and it does not apply to Consumers in the European Economic Area, the United Kingdom, or Switzerland.
Talk to us first. If that fails, go to small claims or the courts of Utah, or your home courts where the law gives you that right. No arbitration.
21.1. Informal resolution. Before starting a legal claim against the other, you and Snowfall each agree to try to resolve the dispute informally. The party with the dispute must send the other a written notice describing it and the relief requested: to Snowfall by email to info@snowfall.games or by post to our postal address, which we provide on request to info@snowfall.games, and to you at the email address associated with your Snowfall Account or, if there is none, by a message in the Game. If the dispute is not resolved within 30 days after the notice is received, either party may start a legal claim. All applicable limitation periods are paused from the date the notice is received until the end of that 30-day period.
21.2. Small claims. Either party may bring a qualifying claim in small claims court in the county where you live or in the small claims court for Salt Lake County, Utah, without first following Section 21.1.
21.3. Courts. Subject to Sections 21.2, 21.4, and 21.5, any claim arising out of or relating to these Terms or the Services must be brought exclusively in the state courts located in Salt Lake County, Utah, USA, or the United States District Court for the District of Utah, and you and Snowfall consent to the personal jurisdiction of those courts.
21.4. Consumers outside the United States. If you are a Consumer who lives in the European Economic Area, the United Kingdom, Switzerland, or another country whose law gives you the right to bring proceedings in your home courts, you may bring a claim in the courts of the country where you live, and Snowfall may bring a claim against you only there.
21.5. Urgent relief and protection of the Services. Either party may, without first following Section 21.1, ask a court for a temporary restraining order or preliminary injunction to prevent irreparable harm. Snowfall may bring a claim for infringement or misappropriation of its intellectual property, for the creation, sale, or distribution of cheats or unauthorized software, or for unauthorized access to or interference with the Services, in any court with jurisdiction, subject to Section 21.4 where you are a Consumer to whom it applies.
22.1. These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Utah, USA, and applicable US federal law, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
22.2. If you are a Consumer, you also benefit from any mandatory provisions of the law of the country, state, or province where you live. Nothing in these Terms affects your rights as a Consumer to rely on those mandatory provisions.
You agree to comply with all applicable export control and sanctions laws of the United States and other countries. You represent that you are not located in, or ordinarily resident in, a country or region subject to comprehensive US sanctions, and that you are not on any US government list of prohibited or restricted parties. We may suspend or terminate access to the Services to comply with these laws.
24.1. We may change these Terms to reflect changes to the Services or to how we run them, to comply with law or a regulator's guidance, to address security, fraud, or abuse, or to make them clearer. A "material change" is one that reduces your rights or increases your obligations under these Terms.
24.2. We will post changed Terms on portentum.game with a new "Last updated" date. Changes that are not material take effect when posted. For a material change, we will notify you in the Game, and by email if we have an email address for you, at least 30 days before it takes effect, unless the change is required sooner by law or to address a security issue, in which case we will notify you as soon as we can. After a material change takes effect, we will ask you to accept the changed Terms the next time you sign in to the Game, and you may not continue to use the Game until you do.
24.3. Changes apply only from their effective date. A change does not apply to a dispute of which either party gave notice under Section 21.1 before the change took effect.
24.4. If you do not accept a material change, you may delete your Snowfall Account by telling us within 30 days after the change takes effect, and we will refund your unspent Purchased Premium Currency.
24.5. We keep previous versions of these Terms available on request.
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, epidemics, war, terrorism, labor disputes, governmental action, failures of Third-Party Platforms, hosting or network providers, or utilities, and cyberattacks. Our notice periods and response times under these Terms, including in Sections 6.5, 16, 17, and 24, are extended for as long as such an event prevents us from meeting them. This does not extend any time limit set by law, or delay a refund that is already due.
26.1. Entire agreement. These Terms, together with any Odds Disclosure and any additional terms we present for a specific feature or event, are the entire agreement between you and Snowfall about the Services and supersede any prior agreement on that subject. If additional terms for a specific feature or event conflict with these Terms, the additional terms control for that feature or event only, except that they cannot reduce your rights under Sections 6.5, 6.6, 8.4, 9.2, 16.5, 17.2, 17.4, 21, or 22.
26.2. Assignment. You may not assign or transfer these Terms or any rights under them. We may assign these Terms to an affiliate or to a successor to the Game or the Services, including in a merger, acquisition, or sale of assets, provided that the assignment does not reduce your rights under these Terms.
26.3. Severability. If any provision of these Terms is held invalid or unenforceable, it will be limited or removed only to the minimum extent necessary, and the rest of these Terms will remain in effect.
26.4. No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
26.5. Third-party beneficiaries. These Terms do not give any rights to anyone other than you and Snowfall, except that the persons listed in Section 19.1 may rely on and enforce Sections 18 and 19.
26.6. Notices. We may give you notices by email, through the Game, or on portentum.game. Notices given electronically satisfy any legal requirement that a communication be in writing. Notices to Snowfall must be sent by email to info@snowfall.games or by post to our postal address, which we provide on request to info@snowfall.games.
26.7. Survival. Sections 5.2, 5.3, 6.1, 6.3, 6.5(d), 6.6, 8.4, 11, 12, 14, 16.5, 16.6, 16.7, 17.2(c), 17.3 to 17.8, 18, 19, 20, 21, 22, 24.4, 25, and 26, and any other provision that by its nature is meant to survive, survive termination of these Terms.
26.8. Language. These Terms are written in English, which is the language of the agreement between you and Snowfall. If we provide a translation, it is for convenience only, and the English version controls to the extent permitted by the law where you live.
Firelight Games LLC, a Utah limited liability company (Utah Division of Corporations entity no. 12785947-0160), doing business as Snowfall Games
Postal address: available on request by email to info@snowfall.games
Email: info@snowfall.games
Last updated: September 28, 2026
PLEASE READ THESE TERMS CAREFULLY. They form a binding agreement between you and Firelight Games LLC. In particular:
- Section 6 (Virtual Items) and Section 8 (Randomized Items). The Game is free to play. It offers optional purchases with real money, including card packs with random contents. Virtual Items are licensed, not sold, and cannot be exchanged for money.
- Section 18 (Disclaimers) and Section 19 (Limitation of Liability) limit our liability to you.
- Section 21 (Disputes) explains how disputes are resolved: first informally, then in small claims court or the courts of Utah, USA, or, for some consumers outside the United States, the courts where they live. These Terms do not require arbitration.
- Section 22 (Governing Law) applies Utah law, subject to the mandatory consumer protections of the place where you live.
If you are under the age of majority where you live, a parent or legal guardian must read and accept these Terms on your behalf.
1. Introduction and Acceptance
These Terms are the contract for playing Portentum.
1.1. These Terms of Service (the "Terms") are an agreement between you and Firelight Games LLC, a Utah limited liability company doing business as Snowfall Games ("Snowfall", "we", "us", "our"). They govern your access to and use of the Services (defined below).
1.2. You accept these Terms by clicking "Accept" (or a similar button) where they are presented to you, including when you first sign in to the Game. If you do not accept them, you may not use the Game. If you accept these Terms on behalf of a minor under Section 3.2, you accept them both for that minor and for yourself.
1.3. You may view the Sites without accepting these Terms. Your permission to use content on the Sites is subject to Sections 5.2, 13, and 14, and we provide the Sites on the basis described in Section 18.
1.4. Our [Privacy Policy](/privacy) explains how we collect and use personal information. It is not part of these Terms, but you should read it.
1.5. Third-Party Platforms. If you obtain, sign in to, or pay for the Services through a Third-Party Platform, that Third-Party Platform's terms (for Steam, the Steam Subscriber Agreement) also apply to your use of that Third-Party Platform. The operator of a Third-Party Platform is not a party to these Terms. We do not control and are not responsible for any Third-Party Platform, including its availability, its payment processing, its refund decisions, or its handling of your account with it. Payment, taxes, and refunds for purchases made through a Third-Party Platform are governed by its terms, subject to our own refund commitments in these Terms. On any other matter concerning the Services, if these Terms conflict with a Third-Party Platform's terms, these Terms control as between you and Snowfall.
2. Definitions
In these Terms:
2.1. "Game" means the video game Portentum, in any version, build, demo, or edition, including updates, patches, and downloadable content.
2.2. "Services" means the Game; the browser version of the Game at play.portentum.game; the Snowfall Account as used with the Game; the Sites; and the online features, servers, and support we provide in connection with them.
2.3. "Snowfall Account" means the account you use to sign in to the Services, which may also be used with other Snowfall games.
2.4. "Third-Party Platform" means a service operated by someone other than Snowfall that you use to obtain, sign in to, or pay for the Services, including Steam (operated by Valve Corporation), Google, and Discord.
2.5. "Virtual Items" means all in-game currencies, items, and content that can be earned, bought, or otherwise obtained in the Game, including Gems, Gold, Fragments, cards, card packs, dice, cosmetics, Journals and Journal rewards, tickets, and Starter Pack contents.
2.6. "Premium Currency" means Gems and any other in-game currency that can be bought with real money. "Purchased Premium Currency" means Premium Currency you obtained by paying real money, directly or as part of a Starter Pack, as shown in our records. "Granted Premium Currency" means all other Premium Currency, including Premium Currency granted as a reward, through Journals or achievements, or as compensation. "Earned Currency" means Gold, Fragments, and any other in-game currency that cannot be bought directly with real money.
2.7. "Randomized Item" means a Virtual Item whose contents are determined at random when it is opened or redeemed, including card packs.
2.8. "User Content" means content you create or submit through the Services, including your display name and the boards, decks, and lineups you build in the Game.
2.9. "Early Access Period" means any period during which the Game, or a feature, mode, or version of it, is offered as early access, beta, playtest, preview, or demo, including while the Game is marked as "Early Access" on Steam.
2.10. "Code of Conduct" means the rules in Section 10.
2.11. "Purchased Virtual Item" means a Virtual Item that you obtained (a) directly in exchange for real money or Premium Currency, (b) as part of a Starter Pack, or (c) by opening a Randomized Item that you obtained under (a) or (b), including the Journal rewards of a Journal unlocked with Premium Currency.
2.12. "Starter Pack" means downloadable content for the Game sold on a Third-Party Platform that grants Virtual Items to your Snowfall Account.
2.13. "Sites" means portentum.game and wiki.portentum.game.
2.14. "Consumer" means an individual who uses the Services wholly or mainly for purposes outside that individual's trade, business, craft, or profession.
2.15. Interpretation. Headings and the italic summaries below them are for convenience only and do not affect the meaning of these Terms. "Including" and "for example" mean "including without limitation". "Days" means calendar days. A reference to a Section includes its subsections.
3. Eligibility
You must be at least 13, and minors need a parent's permission.
3.1. You must be at least 13 years old to use the Services. If you live in a country where the minimum age for using online services without parental consent is higher, you must be at least that age or have the consent of a parent or legal guardian.
3.2. If you are under the age of majority where you live, you may use the Services only with the consent of a parent or legal guardian who has read and accepted these Terms for you and for themselves. That parent or guardian confirms that they have legal authority to do so, and is responsible for your use of the Services and for all purchases made for the Game through your Snowfall Account or through the Third-Party Platform account you use to sign in.
3.3. You may not use the Services if you are located in, or are ordinarily resident in, a country or region subject to comprehensive United States sanctions, or if you are on any United States government list of prohibited or restricted parties (see Section 23).
4. Your Snowfall Account
4.1. Sign-in. You sign in to the Services through a Third-Party Platform, such as Steam, Google, or Discord. Your use of that Third-Party Platform is governed by its own terms. If you lose access to the Third-Party Platform account you use to sign in, or that Third-Party Platform suspends or closes it, you may lose access to your Snowfall Account and its Virtual Items. We may, but are not required to, help you regain access after verifying that you are the account holder.
4.2. Personal and non-transferable. Your Snowfall Account is personal to you. You may not sell, transfer, lend, or share your Snowfall Account or its Virtual Items, or allow anyone else to access it. We do not recognize any transfer of a Snowfall Account, and any attempted transfer is void.
4.3. Responsibility. You are responsible for all activity on your Snowfall Account and for keeping your sign-in credentials secure. Notify us promptly at info@snowfall.games if you believe your Snowfall Account has been accessed without your permission.
4.4. Accurate information. You must not impersonate any person or misrepresent your identity or affiliation.
4.5. Other Snowfall games. Your Snowfall Account may also be used with other Snowfall games, which have their own terms. These Terms govern your use of the Snowfall Account with the Services only. Deleting or terminating your Snowfall Account ends your access to every Snowfall game that uses it.
5. License to Use the Services
We license the Game to you; we do not sell it.
5.1. License. Subject to your compliance with these Terms, Snowfall grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your own personal entertainment and for the uses permitted by Section 13, and not for any other commercial purpose.
5.2. Restrictions. Except as expressly permitted by these Terms or by applicable law that cannot be excluded by contract, you may not:
- (a) copy, modify, adapt, translate, or create derivative works of the Services;
- (b) sell, rent, lease, sublicense, distribute, or commercially exploit the Services or any Virtual Item;
- (c) reverse engineer, decompile, or disassemble the Services, except to the extent applicable law expressly permits it (including, in the European Union, for interoperability);
- (d) use any bot, scraper, crawler, or other automated means to access the Services or collect data from them, except that search engines may index the Sites in accordance with their robots.txt file;
- (e) circumvent, disable, or interfere with any security, access-control, or technical protection feature of the Services;
- (f) remove or alter any proprietary notice in the Services;
- (g) access or use any interface of our servers other than through the Game or the Sites, except for non-commercial use of our public interfaces within any rate limits we publish, or as we permit in writing; or build or operate any emulated or unofficial server for the Game;
- (h) use the Services, or any content or data obtained from them (other than your own personal data), to develop, train, or improve any artificial intelligence or machine learning model;
- (i) use a VPN, proxy, or other means to circumvent any restriction we apply to comply with Section 23 or other applicable law; or
- (j) help or encourage anyone else to do any of the above.
5.3. Reservation of rights. The Services are licensed, not sold. All rights not expressly granted to you in these Terms are reserved by Snowfall and its licensors.
5.4. Updates. We may release updates to the Game, which may be installed automatically by the Third-Party Platform or your browser. Some features, including all online play, may not work unless you install the latest update.
6. Virtual Items
Virtual Items are part of the game, not property, and have no cash value.
6.1. Limited license. Virtual Items are licensed to you under Section 5 for use in the Game. You do not own Virtual Items, and they are not personal property. Virtual Items have no cash value and are not money, a deposit, or a stored-value instrument. They cannot be sold, transferred, cashed out, or redeemed for real money, goods, or anything of value outside the Game, except as these Terms expressly state or applicable law requires.
6.2. Premium and Earned Currency. Premium Currency can be bought with real money through a Third-Party Platform and may also be granted in the Game. Earned Currency cannot be bought directly with real money. Premium Currency and Earned Currency can be used only to obtain Virtual Items and features we offer in the Game.
6.3. No trading. Buying, selling, or trading Virtual Items or Snowfall Accounts outside the Game, or for anything of value, is prohibited.
6.4. Changes to Virtual Items. We may change the prices and availability of Virtual Items offered in the future at any time. A price change does not affect Virtual Items you already hold. We may change the rewards and in-game effects of Virtual Items, including by rebalancing cards, dice, and modes, to keep the Game balanced and enjoyable, to develop new content, to fix errors, or for technical, security, or legal reasons. Rebalancing the in-game effect of a Virtual Item is not a removal of that Virtual Item.
6.5. Specific commitments. Notwithstanding Section 6.4:
- (a) Premium Currency does not expire while the Services are available. We will not reduce your Premium Currency balance except (i) as permitted by Section 6.6, (ii) when you spend it, (iii) when your Snowfall Account or your access to the Game is terminated under Section 16 or deleted at your request, or (iv) when the Services are discontinued under Section 17, after any refund due under Section 17.2.
- (b) If we permanently remove from the Game a cosmetic Purchased Virtual Item or a Starter Pack item, so that you can no longer use it, for a reason other than your breach of these Terms, fraud, a legal requirement, or a requirement of a Third-Party Platform, we will give you, at our option, either a replacement Virtual Item that we reasonably determine is of comparable value, or a credit of the Premium Currency price you paid for it (for a Starter Pack item, a replacement Virtual Item). No longer offering a Virtual Item for sale is not a removal.
- (c) While the Services are available, we will give at least 30 days' notice in the Game and on portentum.game before we (i) increase the Premium Currency price of all, or substantially all, Virtual Items offered for Premium Currency by more than 10 percent at the same time, or (ii) reduce the amount of Premium Currency included in a real-money purchase offer at the same price.
- (d) If you are a Consumer in the European Economic Area or the United Kingdom and we change the Game in a way that negatively affects, more than in a minor way, your access to or use of Purchased Virtual Items or Purchased Premium Currency, we will tell you at least 30 days in advance, in the Game's notices, where the notice remains available to you, and by email where we have your email address. You may then terminate these Terms within 30 days after the change or after we tell you about it, whichever is later, and we will refund your unspent Purchased Premium Currency, and for any Purchased Virtual Item you can no longer use, its real-money price or, if you obtained it with Premium Currency, the Premium Currency spent on it valued at the average price you paid per unit of Purchased Premium Currency (for an item received from a Randomized Item, that Randomized Item's price divided by the number of items it contained). Refunds under this Section 6.5(d) are limited in total to the real money you paid for Purchased Premium Currency and Starter Packs.
6.6. Corrections and reversals. We may correct your Virtual Item balances and inventory to reverse (a) Virtual Items credited in error, including through a bug, pricing mistake, or technical fault; (b) Virtual Items obtained through fraud, cheating, exploits, or other breach of these Terms; and (c) Virtual Items obtained through a purchase that is refunded, reversed, or charged back, to the extent of that purchase. If Virtual Items to be reversed under (c) have already been used, we may instead reverse Virtual Items obtained with them, or reduce your balance of the relevant currency below zero. A negative Premium Currency balance must be cleared before further Premium Currency can be spent. If we reverse under (a) a Virtual Item you obtained with Premium Currency, we will return the Premium Currency you spent on it. While a chargeback or payment dispute is pending, we may suspend the use of the Premium Currency and Virtual Items delivered by the disputed purchase. We do not suspend or terminate a Snowfall Account, or access to the Game, because you asked for a refund or disputed a charge, unless the request or dispute was fraudulent.
6.7. Limits. We may set reasonable limits on the amount of Premium Currency that can be bought, held, or spent in a period.
6.8. Unspent Purchased Premium Currency. Where these Terms provide for a refund of unspent Purchased Premium Currency, the amount refunded is the lower of (a) your Premium Currency balance at the relevant time and (b) the Purchased Premium Currency added to your Snowfall Account in the period stated in the relevant Section (or, if none is stated, at any time), excluding purchases that were refunded or reversed. We value it at the average price you paid per unit of Purchased Premium Currency in that period. Premium Currency received in a Starter Pack is valued at the lowest price per unit at which Premium Currency was offered for real money when you bought the Starter Pack. Premium Currency received in a Starter Pack whose price is refunded under these Terms is not refunded again.
7. Purchases
7.1. Third-Party Platforms. All real-money purchases in or for the Game, including Premium Currency and downloadable content such as Starter Packs, are sold and processed by the applicable Third-Party Platform (currently Steam). The price, currency, taxes, payment method, and receipt are provided by that Third-Party Platform, and its terms of sale apply.
7.2. Refunds. Except as stated in Sections 6.5, 7.4, 16.5, 17.2, and 24.4, as required by applicable law, or as provided by the refund policy of the Third-Party Platform through which you made the purchase, all purchases of Premium Currency and Virtual Items are final and non-refundable, including purchases of Premium Currency that has not been spent. Steam decides refunds of Starter Packs and of Premium Currency and other items bought in the Game under its refund policy. If a Third-Party Platform refunds or reverses a purchase, we will remove what it delivered, as described in Section 6.6.
7.3. Delivery. Premium Currency is delivered to your Snowfall Account when Steam confirms the purchase. Starter Pack contents are delivered when the Game confirms that your Steam account owns the Starter Pack. If a purchase is not delivered within 24 hours, contact us at info@snowfall.games and we will deliver it or tell you why we cannot.
7.4. Right of withdrawal. Purchases made through a Third-Party Platform are subject to that Third-Party Platform's refund process (for Steam, Valve's Refund Policy). Premium Currency and other items you buy in the Game are supplied by Snowfall, and Steam processes the payment. If you are a Consumer in the European Economic Area or the United Kingdom, you have a legal right to withdraw from a purchase of digital content within 14 days. You lose that right once delivery begins if you have asked for immediate delivery and acknowledged that you would lose it; by confirming a purchase after the purchase screen in the Game states this, you make that request and acknowledgement. If the country of your Steam account is in the European Union, the European Economic Area, the United Kingdom, or Switzerland, the Game then confirms your request and acknowledgement to you in its notices, where the confirmation remains available to you. Nothing in this Section limits your statutory rights, including if the digital content is faulty. Where we sell Virtual Items to you without a Third-Party Platform processing the payment, we ask for that request and acknowledgement before delivery and confirm them to you in writing.
8. Randomized Items
8.1. Nature. The contents of a Randomized Item are determined at random when it is opened, in accordance with the probabilities and any guaranteed outcomes (such as a guaranteed higher-rarity card after a number of openings) that apply to that Randomized Item.
8.2. No value outside the Game. Randomized Items and their contents are Virtual Items under Section 6 and cannot be exchanged for real money or anything of value outside the Game.
8.3. Disclosure. We publish the probability of receiving each rarity for every Randomized Item, and any guaranteed outcome and how progress toward it is counted (the "Odds Disclosure"), at portentum.game/odds, which is linked from the store in the Game. This applies to every type of Randomized Item, whether offered for Premium Currency, Earned Currency, or as a reward. The Odds Disclosure forms part of these Terms. We may change the Odds Disclosure. A change applies to Randomized Items opened after it is published, and it does not reset progress you have already made toward a guaranteed outcome. We will announce a change in the Game at least 7 days before it takes effect, and we will not offer a discount on a Randomized Item during the 7 days before a change to its Odds Disclosure takes effect. If the Odds Disclosure contains an error, the probabilities actually applied by the Game control for Randomized Items opened before we correct it, except that where the published probability of a rarity was higher than the applied probability, we will return to each affected player the Premium Currency or Earned Currency they spent on the affected Randomized Items, and they keep the contents. Except for guaranteed outcomes, probabilities apply to each opening and do not guarantee any particular result over any number of openings.
8.4. Guarantee progress. Progress toward a guaranteed outcome is part of your Snowfall Account's game data. It cannot be transferred between accounts. We will not reset progress toward a guaranteed outcome for a type of Randomized Item offered for Premium Currency, except under Section 6.6 or when your Snowfall Account is deleted or terminated.
8.5. Competitions. Rewards from Arena runs, tournaments, and other competitive modes are Virtual Items only, unless official rules we publish for a specific event state otherwise. Those official rules form part of these Terms for that event. Players may not offer real-money or other prizes for competitions run in the Game without our written permission.
8.6. Prices. When you buy Premium Currency, the Third-Party Platform you buy through (currently Steam) shows the price in your local currency before you confirm the purchase.
9. Early Access
The Game is still being made, so things will change.
9.1. While the Game is in an Early Access Period, you acknowledge that the Game is under active development, is not in its final form, and may contain bugs, errors, or incomplete features. Descriptions of planned features, roadmaps, and release dates in the Game, on Steam, on the Sites, or in our other communications describe our plans at the time and are not promises. Subject to Sections 6.5 and 9.2, the Game may change substantially, and features may be added or removed, during or at the end of an Early Access Period.
9.2. While the Game is in an Early Access Period, we may reset, modify, or remove game progress, ratings, rankings, Earned Currency, and Virtual Items that are not Purchased Virtual Items. A reset will not remove Premium Currency, Purchased Virtual Items, or progress protected by Section 8.4, except under Section 6.6. We will announce a reset in the Game and on portentum.game at least 14 days before it happens. We will not reset your game progress, Earned Currency, or Virtual Items when, or because, the Game stops being marked as "Early Access" on Steam. This does not limit corrections and reversals under Section 6.6, including to fix bugs and exploits.
9.3. We may require you to keep confidential any feature or content that we identify in writing as confidential in a closed test. We do not impose confidentiality on any Early Access Period that is open to the public.
10. Code of Conduct
Play fair and treat others with respect.
When using the Services, or when taking part in any official Snowfall community space or event (such as our Discord server or an in-person event), you must not:
10.1. Cheating. Use, develop, or distribute cheats, bots, scripts, automation, modified clients, or any software or hardware that gives an unfair advantage, automates gameplay, or interferes with the Services.
10.2. Exploits. Knowingly use any bug, error, or unintended game mechanic to gain an advantage or a Virtual Item, or distribute instructions or tools designed to help others do so. We ask that you report any exploit you find to info@snowfall.games. Reporting or publicly discussing a bug is not a breach of this Section. Virtual Items obtained through a bug, including items created or duplicated through a design flaw, are subject to Section 6.6 whether or not you used it knowingly.
10.3. Manipulation of competitive play. Arrange or throw matches, trade wins, collude with other players, or otherwise manipulate matchmaking, ratings, leaderboards, tournaments, board snapshots, or battle replays.
10.4. Multiple accounts. Create or use multiple Snowfall Accounts to obtain additional rewards, Randomized Item guarantees, or competitive advantage, or to evade a sanction. Having more than one Snowfall Account because you signed in with different sign-in methods is not a breach of this Section 10.4.
10.5. Commercial activity. Buy, sell, trade, or advertise Virtual Items, Snowfall Accounts, or in-game services (including boosting or playing on another person's account) for real money or anything of value outside the Game.
10.6. Display names. Choose a display name that is hateful, harassing, sexually explicit, violent, or discriminatory; that impersonates another person or Snowfall; that contains personal information of another person; or that infringes another person's rights.
10.7. Harm to others. Harass, threaten, defame, or abuse any person, including Snowfall staff.
10.8. Harm to the Services. Attack, overload, probe, or disrupt the Services or their servers, or access or attempt to access accounts, data, or systems you are not authorized to access.
10.9. Unlawful use. Use the Services in violation of any applicable law or regulation.
10.10. Assisting others. Help, encourage, or allow another person to do any of the above.
11. User Content
11.1. Ownership. As between you and Snowfall, you keep whatever rights you have in your User Content. Your User Content may be built from elements of the Game, which remain owned by Snowfall. Game records, including battle records, replays, battle videos, ratings, rankings, and statistics, are not User Content. As between you and Snowfall, they are owned by Snowfall. This does not affect your rights over your personal data under the Privacy Policy.
11.2. License to us. You grant Snowfall a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers; to other users of the Services, to the extent needed for them to view and play against your User Content; and to platforms, press, and partners through which we distribute promotional materials described in (c)), transferable (only with the Services under Section 26.2) license to host, store, reproduce, display, perform, and distribute your User Content, and to create derivative works of it, solely to:
- (a) operate, provide, and improve the Services, including presenting your boards to other players as opponents;
- (b) display your User Content in battle replays, share links, rankings, and battle videos; and
- (c) promote the Game, including in trailers, videos, and social media posts featuring battles.
This license lasts for as long as your User Content is held in the Services and for a reasonable period afterward to remove it, except that it is perpetual for promotional materials created before your Snowfall Account was deleted, and for boards included, without your display name, as opponents in an Offline Version under Section 17. If you ask us not to feature your battles in promotional material, as described in our Privacy Policy, we will not use them in promotional material we create after your request. To the extent permitted by the law where you live, you waive, and agree not to assert against Snowfall or those we sublicense under this Section, any moral rights in your User Content for the uses permitted by this Section.
11.3. No generative AI training. We do not use your User Content to train generative artificial intelligence models, and we do not license it to anyone for that purpose.
11.4. Your responsibility. You are responsible for your User Content and confirm you have the rights needed to grant the license in Section 11.2.
11.5. Removal. We may remove, change, or refuse to display User Content that breaches these Terms or that we are required to remove by law, including by renaming a display name that breaches Section 10.6. We are not required to monitor User Content.
12. Feedback
If you send us ideas, suggestions, or other feedback about the Services ("Feedback"), you grant Snowfall a worldwide, perpetual, irrevocable, royalty-free license to use it for any purpose without obligation or compensation to you. We are not required to use Feedback. Feedback is not confidential, and you will not be entitled to credit or payment for it. To the extent permitted by the law where you live, you waive any moral rights in Feedback.
13. Videos and Streaming
13.1. You may create, publish, and monetize videos, livestreams, screenshots, and other media showing gameplay of the Game ("Creator Content"), provided that:
- (a) the Creator Content includes meaningful original commentary, gameplay, or creative contribution by you, and does not simply redistribute Game assets such as music, art, or trailers on their own;
- (b) you do not suggest that Snowfall endorses or sponsors your Creator Content, unless we have agreed in writing; and
- (c) your Creator Content complies with these Terms and the rules of the platform where it is published.
13.2. We may withdraw this permission for particular Creator Content that breaches this Section 13.
13.3. Music in the Game is owned by Snowfall, and you may include it in Creator Content that complies with this Section 13. If Creator Content that complies with this Section 13 receives an automated copyright claim for music from the Game, email info@snowfall.games with the link and we will release the claim or ask the claimant to release it.
14. Intellectual Property
14.1. The Services, including all software, code, art, music, sound, text, characters, cards, dice, designs, and the names and logos "Portentum" and "Snowfall Games", are owned by Snowfall or its licensors and are protected by copyright, trademark, and other laws.
14.2. You may not use our trademarks, logos, or branding except as permitted by Section 13 or with our prior written consent.
15. Copyright Complaints
15.1. If you believe content available through the Services infringes your copyright, send a notice complying with 17 U.S.C. § 512(c)(3) to our designated agent: Copyright Agent, Firelight Games LLC, by email to info@snowfall.games with "Copyright Agent" in the subject line. Our agent's postal address is listed in the US Copyright Office's DMCA Designated Agent Directory and is available on request by email to info@snowfall.games.
15.2. If your content was removed in response to a notice and you believe the removal was a mistake, you may send a counter-notice complying with 17 U.S.C. § 512(g)(3).
15.3. We terminate, in appropriate circumstances, the Snowfall Accounts of repeat infringers.
15.4. A person who knowingly materially misrepresents that content is infringing, or that it was removed by mistake, may be liable for damages under 17 U.S.C. § 512(f).
15A. Reporting Illegal Content; Contacts
15A.1. If you believe a display name, board, or other content in the Services is illegal or breaks these Terms, email info@snowfall.games with a link to or description of the content, where it appears, why you think it is illegal, and your name and email address (unless the report concerns child sexual abuse material). We review reports manually and will tell you what we decided.
15A.2. Our single point of contact for users, and for authorities of EU Member States, the European Commission, and the European Board for Digital Services, is info@snowfall.games. We communicate in English.
15A.3. Our moderation is done by staff; we do not use automated tools to remove content. When we act on content or an account, Section 16 applies.
16. Enforcement, Suspension, and Termination
Breaking the rules has consequences, and you can appeal.
16.1. Measures. If we reasonably believe you have breached these Terms, we may take one or more of the following measures, proportionate to the breach: issue a warning; remove or change User Content; reverse Virtual Items under Section 6.6; reset ratings, rankings, or progress; remove you from leaderboards or tournaments; restrict features; suspend your access to the Game temporarily; or terminate your access to the Game. For serious breaches that also affect other Snowfall games or our systems, including fraud, attacks on the Services, and ban evasion, we may suspend or terminate your Snowfall Account. We may suspend access while we investigate a suspected serious breach.
16.2. Notice and reasons. When we take a measure under Section 16.1, we will tell you what measure we took, how long it lasts, which rule we believe you broke and the facts we relied on, and how to appeal: by email if we have an email address for you, and otherwise in reply when you contact us at info@snowfall.games. If your access is suspended or closed, the sign-in screen tells you so and tells you to contact info@snowfall.games for the reasons and to appeal. We are not required to disclose how we detect breaches. We may delay this notice only while giving it would compromise the security of the Services or an ongoing investigation, and we will give it as soon as that reason ends. We will not give notice where the law prohibits it.
16.3. Appeal. You may appeal any measure by emailing info@snowfall.games within 60 days of being notified of it. A member of our staff who was not involved in the original decision, where we have one available, will review your appeal and tell you the outcome and the reasons for it within 30 days. A measure stays in effect while an appeal is pending. If your appeal succeeds, we will reverse the measure and restore any Virtual Items removed because of it. The appeal outcome is our final decision, without affecting your rights under applicable law, including any right to use an out-of-court dispute settlement body or to go to court.
16.4. Termination by you. You may stop using the Services at any time and may ask us to delete your Snowfall Account as described in our Privacy Policy.
16.5. Termination by us without cause. We may terminate your access to the Game without cause on at least 30 days' notice. If we do, we will refund your unspent Purchased Premium Currency, valued under Section 6.8, and the price of any Starter Pack you bought in the 6 months before our notice, through the Third-Party Platform you paid through or by another method we choose. A termination required by law, by a court or authority, or by a Third-Party Platform, or made under Section 23, is not a termination without cause, but we will make the same refund where the law allows it.
16.6. Effect of termination. When your access to the Game or your Snowfall Account ends for any reason, your license under Section 5 and your license to the affected Virtual Items end. You are not entitled to a refund or any compensation for Virtual Items or Premium Currency when that happens, except as stated in Sections 6.5(b), 6.5(d), 16.5, 17.2, and 24.4 or as required by applicable law.
16.7. Ban evasion. If your access to the Game or your Snowfall Account is suspended or terminated, you may not create or use another Snowfall Account to access the Services without our permission.
17. Changes to the Services and Discontinuation
17.1. Changes. We may update, change, add, or remove features, modes, content, and Virtual Items in the Services, subject to Section 6.5 and Section 9.2.
17.2. Discontinuation. We may discontinue the Services or the Game's online features. If we do, we will:
- (a) give at least 30 days' notice in the Game, on portentum.game, in a Steam announcement for the Game, and by email where we have your email address, before the discontinuation takes effect, unless a shorter period is required by law, by a Third-Party Platform, or by an event described in Section 25, in which case we will give as much notice as we are able to give;
- (b) stop selling Premium Currency and other Virtual Items for real money on the date we give that notice; and
- (c) refund Purchased Premium Currency that was bought within the 30 days before that notice and is unspent when the discontinuation takes effect, through the Third-Party Platform you paid through or by another method we choose.
17.3. Except as stated in this Section 17 or required by applicable law, discontinuation of the Services or of the Game's online features does not entitle you to a refund or compensation.
17.4. Offline Version. If we discontinue the Game's online features under Section 17.2, we will use commercially reasonable efforts to make an Offline Version of the Game available at no charge before the discontinuation takes effect. The notice under Section 17.2(a) will say when and where we expect it to be available. Unless the discontinuation is required by law, by a court or authority, by a Third-Party Platform, or by an event described in Section 25, or Snowfall is insolvent (unable to pay its debts as they fall due) or subject to bankruptcy or similar proceedings, we will not end the Game's online features until the later of the end of the notice period under Section 17.2(a) and the earlier of the day the Offline Version is released and 90 days after the notice. If the Offline Version has not been released when the discontinuation takes effect, we will continue those efforts for at least 90 days afterward and announce the result on portentum.game. "Commercially reasonable efforts" means the efforts that a reasonable developer of a game of similar size and revenue would make in the same circumstances; it does not require us to act in a way that would make Snowfall insolvent, or to breach any law or agreement. Your license under Section 5 continues for the Offline Version, subject to Sections 5.2 and 5.3.
17.5. What the Offline Version includes. An "Offline Version" is a version of the Game that: (a) runs, without any connection to our servers, on the operating systems supported by the Steam version of the Game when we give notice under Section 17.2; (b) includes the game modes available when we give that notice in which you play against the Game or against saved opponent boards rather than live against another player, played against a set of opponent boards included in the Offline Version; (c) makes all cards, dice, cosmetics, and other content then offered in the Game available to every player without purchase; and (d) is distributed through Steam or, if Steam is not available for it, through another method we announce on portentum.game.
17.6. What the Offline Version need not include. The Offline Version need not include online features (including battles against other players' current boards, rankings, tournaments, share links, and replays of online battles), your Snowfall Account progress or Virtual Items, the sale of Premium Currency or other Virtual Items, or updates or support after its release. Opponents based on boards built by players will not show those players' display names or other personal data.
17.7. Limits. We may leave out of the Offline Version any content we do not have the right to distribute in it, any feature we cannot lawfully provide in it, and any feature that depends on a third-party service that is no longer available and has no reasonable substitute. These limits apply only to the affected content or feature and not to the rest of the Offline Version.
17.8. Fan projects after discontinuation. After the Game's online features have been discontinued under Section 17.2, Sections 5.2(a), 5.2(c), 5.2(e), and 5.2(g) do not prevent you from making, sharing, or using non-commercial modifications of the Offline Version, or from operating or using non-commercial servers for it (together, "Fan Projects"), provided that: (a) you do not sell a Fan Project, charge anyone for access to it, or use it for any other commercial purpose; (b) you do not use the names or logos "Portentum" or "Snowfall Games", or any other trademark of Snowfall, in a way that suggests the Fan Project is official or endorsed by Snowfall, and you state clearly that it is not; (c) you do not distribute the Offline Version or its files, other than your own modifications and files needed for them to work with a copy of the Offline Version obtained from us; and (d) the Fan Project complies with applicable law. You may accept voluntary donations for a Fan Project if they are used only to cover the actual costs of hosting and running it; donations must not give access, in-game benefits, or any other perk, and no one may make a profit from a Fan Project. Snowfall keeps all rights in the Game and its content, and this Section gives no ownership of them. Snowfall does not operate, control, support, update, or warrant any Fan Project, is not responsible for it, and has no obligation to anyone in connection with it; you use Fan Projects at your own risk. We may withdraw this permission for a particular Fan Project that does not meet these conditions.
18. Disclaimers
18.1. EXCEPT FOR OUR COMMITMENTS IN SECTIONS 6.5, 6.6, 8.3, 8.4, 9.2, 16.5, AND 17.2 TO 17.7, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL VIRTUAL ITEMS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SNOWFALL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT GAME PROGRESS, DATA, OR VIRTUAL ITEMS WILL BE PRESERVED. SNOWFALL IS NOT RESPONSIBLE FOR THIRD-PARTY PLATFORMS OR FOR CONTENT OR SERVICES PROVIDED BY OTHERS, INCLUDING OTHER PLAYERS.
18.2. If you are a Consumer in the European Economic Area, the United Kingdom, or Switzerland, Section 18.1 does not apply to you. Instead, we will provide the Services with reasonable care and skill, and you have the benefit of the legal guarantees of conformity for digital content under the law of the country where you live.
18.3. If you are a Consumer in Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies those guarantees.
19. Limitation of Liability
19.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SNOWFALL AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR VIRTUAL ITEMS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SNOWFALL'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE SERVICES AND VIRTUAL ITEMS IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED US DOLLARS (US$100). THIS LIMIT APPLIES TO ALL CLAIMS TOGETHER AND IS NOT INCREASED BY THE EXISTENCE OF MORE THAN ONE CLAIM, AND IT APPLIES EVEN IF A LIMITED REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE.
19.3. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
19.4. If you are a Consumer in the European Economic Area, the United Kingdom, or Switzerland, Sections 19.1 and 19.2 do not apply to you. Instead, we are liable for foreseeable loss caused by our breach of these Terms or our failure to use reasonable care and skill, and not for loss that was not foreseeable. We provide the Services for domestic and private use only, and we are not liable to Consumers for loss of profit, loss of business, business interruption, or loss of business opportunity. If you are a Consumer in Germany, our liability for slight negligence is limited to breaches of essential contractual obligations, and to the damage typically foreseeable when the contract was made.
19.5. New Jersey. If you are a resident of New Jersey, (a) the exclusion of punitive damages in Section 19.1 and the limit in Section 19.2 do not apply to claims for which New Jersey law does not permit them to be excluded or limited, including claims arising from our gross negligence or willful misconduct, and (b) Section 20 does not apply to claims arising from our own negligence.
20. Indemnity
To the fullest extent permitted by applicable law, you agree to indemnify Snowfall against third-party claims, and related losses and reasonable legal costs, to the extent they are caused by your breach of these Terms or your violation of any law or the rights of a third party. We will notify you of any claim for which we seek indemnity. We may control the defense of the claim, and you will cooperate with us. You may not settle a claim that affects Snowfall without our written consent. This Section does not apply to the extent a claim results from our own negligence or breach, and it does not apply to Consumers in the European Economic Area, the United Kingdom, or Switzerland.
21. Disputes
Talk to us first. If that fails, go to small claims or the courts of Utah, or your home courts where the law gives you that right. No arbitration.
21.1. Informal resolution. Before starting a legal claim against the other, you and Snowfall each agree to try to resolve the dispute informally. The party with the dispute must send the other a written notice describing it and the relief requested: to Snowfall by email to info@snowfall.games or by post to our postal address, which we provide on request to info@snowfall.games, and to you at the email address associated with your Snowfall Account or, if there is none, by a message in the Game. If the dispute is not resolved within 30 days after the notice is received, either party may start a legal claim. All applicable limitation periods are paused from the date the notice is received until the end of that 30-day period.
21.2. Small claims. Either party may bring a qualifying claim in small claims court in the county where you live or in the small claims court for Salt Lake County, Utah, without first following Section 21.1.
21.3. Courts. Subject to Sections 21.2, 21.4, and 21.5, any claim arising out of or relating to these Terms or the Services must be brought exclusively in the state courts located in Salt Lake County, Utah, USA, or the United States District Court for the District of Utah, and you and Snowfall consent to the personal jurisdiction of those courts.
21.4. Consumers outside the United States. If you are a Consumer who lives in the European Economic Area, the United Kingdom, Switzerland, or another country whose law gives you the right to bring proceedings in your home courts, you may bring a claim in the courts of the country where you live, and Snowfall may bring a claim against you only there.
21.5. Urgent relief and protection of the Services. Either party may, without first following Section 21.1, ask a court for a temporary restraining order or preliminary injunction to prevent irreparable harm. Snowfall may bring a claim for infringement or misappropriation of its intellectual property, for the creation, sale, or distribution of cheats or unauthorized software, or for unauthorized access to or interference with the Services, in any court with jurisdiction, subject to Section 21.4 where you are a Consumer to whom it applies.
22. Governing Law
22.1. These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Utah, USA, and applicable US federal law, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
22.2. If you are a Consumer, you also benefit from any mandatory provisions of the law of the country, state, or province where you live. Nothing in these Terms affects your rights as a Consumer to rely on those mandatory provisions.
23. Export Controls and Sanctions
You agree to comply with all applicable export control and sanctions laws of the United States and other countries. You represent that you are not located in, or ordinarily resident in, a country or region subject to comprehensive US sanctions, and that you are not on any US government list of prohibited or restricted parties. We may suspend or terminate access to the Services to comply with these laws.
24. Changes to These Terms
24.1. We may change these Terms to reflect changes to the Services or to how we run them, to comply with law or a regulator's guidance, to address security, fraud, or abuse, or to make them clearer. A "material change" is one that reduces your rights or increases your obligations under these Terms.
24.2. We will post changed Terms on portentum.game with a new "Last updated" date. Changes that are not material take effect when posted. For a material change, we will notify you in the Game, and by email if we have an email address for you, at least 30 days before it takes effect, unless the change is required sooner by law or to address a security issue, in which case we will notify you as soon as we can. After a material change takes effect, we will ask you to accept the changed Terms the next time you sign in to the Game, and you may not continue to use the Game until you do.
24.3. Changes apply only from their effective date. A change does not apply to a dispute of which either party gave notice under Section 21.1 before the change took effect.
24.4. If you do not accept a material change, you may delete your Snowfall Account by telling us within 30 days after the change takes effect, and we will refund your unspent Purchased Premium Currency.
24.5. We keep previous versions of these Terms available on request.
25. Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, epidemics, war, terrorism, labor disputes, governmental action, failures of Third-Party Platforms, hosting or network providers, or utilities, and cyberattacks. Our notice periods and response times under these Terms, including in Sections 6.5, 16, 17, and 24, are extended for as long as such an event prevents us from meeting them. This does not extend any time limit set by law, or delay a refund that is already due.
26. General
26.1. Entire agreement. These Terms, together with any Odds Disclosure and any additional terms we present for a specific feature or event, are the entire agreement between you and Snowfall about the Services and supersede any prior agreement on that subject. If additional terms for a specific feature or event conflict with these Terms, the additional terms control for that feature or event only, except that they cannot reduce your rights under Sections 6.5, 6.6, 8.4, 9.2, 16.5, 17.2, 17.4, 21, or 22.
26.2. Assignment. You may not assign or transfer these Terms or any rights under them. We may assign these Terms to an affiliate or to a successor to the Game or the Services, including in a merger, acquisition, or sale of assets, provided that the assignment does not reduce your rights under these Terms.
26.3. Severability. If any provision of these Terms is held invalid or unenforceable, it will be limited or removed only to the minimum extent necessary, and the rest of these Terms will remain in effect.
26.4. No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
26.5. Third-party beneficiaries. These Terms do not give any rights to anyone other than you and Snowfall, except that the persons listed in Section 19.1 may rely on and enforce Sections 18 and 19.
26.6. Notices. We may give you notices by email, through the Game, or on portentum.game. Notices given electronically satisfy any legal requirement that a communication be in writing. Notices to Snowfall must be sent by email to info@snowfall.games or by post to our postal address, which we provide on request to info@snowfall.games.
26.7. Survival. Sections 5.2, 5.3, 6.1, 6.3, 6.5(d), 6.6, 8.4, 11, 12, 14, 16.5, 16.6, 16.7, 17.2(c), 17.3 to 17.8, 18, 19, 20, 21, 22, 24.4, 25, and 26, and any other provision that by its nature is meant to survive, survive termination of these Terms.
26.8. Language. These Terms are written in English, which is the language of the agreement between you and Snowfall. If we provide a translation, it is for convenience only, and the English version controls to the extent permitted by the law where you live.
27. Contact
Firelight Games LLC, a Utah limited liability company (Utah Division of Corporations entity no. 12785947-0160), doing business as Snowfall Games
Postal address: available on request by email to info@snowfall.games
Email: info@snowfall.games