Termos de Serviço

1. Definitions

1.1. In these Terms of Service, the following capitalized terms have the meanings set out below.

1.2. “Operator” means Skagry, the operator of the Skagry Universe game, which provides the Service.

1.3. “Service” means the Skagry Universe game, the website on which it is made available, the Game Client, the Shop and all related services, features and Content made available by the Operator.

1.4. “User” means any natural person who accesses or uses the Service, whether or not such person has registered an Account.

1.5. “Account” means the account registered in the Service through which a User accesses the game.

1.6. “Game Client” means the software, graphics, audio and other content delivered to the User’s browser or device to enable the User to play the game, including any version distributed through a Platform.

1.7. “Content” means all content of the Service, including, without limitation, software, code, graphics, models, audio, music, text, game mechanics, names and logos.

1.8. “User Content” means any content that a User creates, submits or uploads in the Service, including, without limitation, user names, chat and alliance messages, alliance names and descriptions, images and reports.

1.9. “Virtual Items” means any in-game digital content, features, currencies, items or entitlements that the User may obtain through gameplay or acquire within the Service.

1.10. “Shop” means the official store of the Service through which Virtual Items may be acquired.

1.11. “Purchase” means any acquisition of Virtual Items in the Shop against payment, including the acquisition of an optional paid feature on a recurring basis (a “Subscription”).

1.12. “Payment Provider” means a third party that processes payments for Purchases, including where it acts as merchant of record.

1.13. “Platform” means a third-party distribution platform through which the Game Client may be distributed, such as Steam or Google Play.

1.14. “Applicable Law” means the laws of Spain, being the law governing these Terms, and, solely to the extent that they cannot be excluded or limited by agreement, the mandatory consumer-protection provisions of the law of the User’s country of habitual residence.

1.15. “Terms” means these Terms of Service together with the End User License Agreement (the “EULA”) and the Cookie Policy, which form an integral part hereof.

2. Acceptance of the Terms

2.1. These Terms constitute a legally binding agreement between the User and the Operator governing the User’s access to and use of the Service.

2.2. By registering an Account, confirming acceptance of these Terms or otherwise accessing or using the Service, the User acknowledges that the User has read and understood these Terms and agrees to be bound by them in their entirety. A User who does not accept these Terms must not use the Service.

2.3. The processing of personal data in connection with the Service is governed by the Privacy Policy. All legal documents of the Service are published in the legal section of the website.

3. Eligibility

3.1. The Service is intended for Users who are at least sixteen (16) years of age or, where different, of the age of digital consent in the User’s country of habitual residence.

3.2. A User below that age may use the Service only with the consent and under the supervision of a parent or legal guardian, who accepts these Terms on the User’s behalf and assumes responsibility for the User’s use of the Service, including any Purchases.

3.3. The Service may not be used by any person whose Account has previously been terminated by the Operator for a breach of these Terms, or whose use of the Service would be unlawful in that person’s jurisdiction.

4. Account

4.1. An Account may be registered with an email address and a password or by signing in with Google. The User shall provide accurate and complete information and shall keep it up to date.

4.2. The User is solely and fully responsible for the Account and for all activity carried out in or through the Account, by any person, and for maintaining the confidentiality and security of the credentials and sign-in methods associated with the Account. The security of any third-party account used to sign in, such as a Google account, is governed by the provider of that account.

4.3. Any arrangements or disputes between Users, or between a User and any third party, concerning an Account are solely the matter of the parties concerned. The Operator is not a party to any such arrangement or dispute, does not mediate, support or guarantee it and accepts no responsibility for it.

4.4. The User is responsible for maintaining access to the email address and the sign-in methods associated with the Account and shall notify the Operator without delay at support@skagry.com of any suspected unauthorized access to the Account. The Operator may, at its sole discretion, assist the User in restoring access to the Account, subject to satisfactory verification of ownership of the Account, the required evidence of which shall be determined by the Operator; however, the Operator is under no obligation to do so and gives no guarantee that access can be restored.

4.5. The user name is public and visible to other Users. It must not be offensive, misleading or unlawful, must not infringe the rights of any third party and must not impersonate any other person, any User or the Operator. The Operator reserves the right, at its sole discretion, to change or reset any user name that does not comply with this clause.

5. Rules of Conduct

5.1. The User shall use the Service fairly, lawfully and with due respect for other Users. In particular, the User shall not:

(a) cheat, or use bots, scripts, macros, automation tools, modified clients or any other unauthorized software that interacts with the Service or confers an unfair advantage;

(b) exploit any bug, error or design flaw of the Service, any of which the User shall instead report to the Operator;

(c) create or operate multiple Accounts in order to obtain an unfair advantage in the game, unless expressly permitted by the Operator;

(d) harass, threaten, intimidate, insult, defame or impersonate any person, or publish User Content that is unlawful, hateful, discriminatory, sexually explicit or violent, or that infringes the rights of any third party;

(e) send spam or advertising, engage in phishing or collect personal data of other Users;

(f) attack, overload, probe, scan or disrupt the Service, its servers or networks, or access or attempt to access any account, system or data without authorization;

(g) copy, reverse engineer or modify the Service, or circumvent its security or technical restrictions, except as expressly permitted by the EULA or under Applicable Law;

(h) use the Service for any unlawful purpose or otherwise in breach of these Terms.

5.2. The Operator reserves the right, at its sole discretion, to investigate any suspected breach, including by reviewing game records and communications, to act upon reports from other Users and to apply the measures set out in section 10.

5.3. Notices concerning illegal content may be submitted to info@skagry.com and shall identify the location of the content and the reasons for which it is considered illegal. This address also serves as the Operator’s single point of contact for Users and public authorities under Regulation (EU) 2022/2065 (Digital Services Act).

5.4. A User may report a message of another User to the Operator from the game and may block another User. The messages of a blocked User are no longer shown to the User who blocked that User in any channel, and no private messages can be exchanged between the two. A report is stored together with the reported message and the messages that preceded it in the same channel, so that the Operator can review it, and the reporting User is informed of the outcome. The Service automatically masks objectionable words in chat messages and refuses alliance names, alliance descriptions and channel names that contain them.

6. User Content

6.1. The User retains any rights the User holds in User Content. The User hereby grants the Operator a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to host, store, reproduce, display, publish, adapt (including to format and translate) and distribute User Content to the extent necessary to operate, provide, improve and promote the Service. This license remains in force for as long as the User Content is held in the Service, including any copies already received by other Users.

6.2. The User is solely responsible for User Content and represents and warrants that the User holds all rights necessary to grant the license set out in clause 6.1.

6.3. The Operator does not review User Content in advance but reserves the right, at its sole discretion, to remove, hide or edit any User Content, and to change any user name or alliance name, that breaches these Terms or is unlawful.

6.4. Any ideas, suggestions or feedback submitted by the User may be used by the Operator freely and without any obligation to the User.

7. Virtual Items

7.1. Virtual Items may be obtained through gameplay, received in the course of promotions or acquired through Purchases.

7.2. The User acknowledges and agrees that Virtual Items are licensed, not sold. Upon obtaining a Virtual Item, the User receives a limited, non-exclusive and revocable license to use it within the Service in accordance with these Terms. Virtual Items do not constitute property, and the User acquires no ownership or other proprietary right in them.

7.3. Virtual Items have no monetary or real-world value. They do not constitute money, electronic money or a financial instrument and are not redeemable from the Operator for money, goods or services, save where a refund is required under Applicable Law.

7.4. The Operator reserves the right, at its sole discretion, to manage, modify, rebalance, limit or remove any Virtual Item, its price or its effects. Save as otherwise required under Applicable Law, no such measure gives rise to any right to a refund or compensation.

7.5. To the maximum extent permitted under Applicable Law, the Operator bears no liability for any loss, alteration, unavailability or removal of Virtual Items, game progress or data, whatever the cause, including, without limitation, errors, outages, exploits, compromise of an Account, rebalancing, resets of game worlds and termination of an Account or of the Service.

7.6. Virtual Items granted free of charge, including through promotions or promotional codes, are subject to the conditions announced with them and may be modified or withdrawn at any time.

8. Purchases and Refunds

8.1. Prices are displayed in the Shop before payment, inclusive of any taxes whose display is required under Applicable Law. The Operator may change prices at any time; any such change does not affect Purchases already paid.

8.2. Payments are processed by Payment Providers, currently Xsolla, Stripe and CoinGate on the website and, for versions distributed through a Platform, Steam and Google Play. Where a Payment Provider acts as merchant of record, that is, as the seller of the Purchase to the User (as Xsolla does where it is used, and as Steam and Google Play do for versions distributed through them), the contract of sale for that payment is concluded with the Payment Provider, whose terms, including its refund policy, apply in addition to these Terms. The Operator does not receive or store full payment card details.

8.3. A Purchase is completed when the payment is confirmed and the Virtual Items are credited to the Account, which ordinarily occurs immediately. Where Virtual Items that have been paid for are not credited, the User should contact the Operator, which will credit the Virtual Items or refund the payment.

8.4. A Subscription renews automatically at the end of each billing period at the price then in effect until cancelled. The User may cancel a Subscription at any time through the Shop; the cancellation takes effect at the end of the current billing period, and the benefits of the Subscription remain available until that time.

8.5. Where Applicable Law grants the User, as a consumer, a right to withdraw from a contract concluded at a distance within fourteen (14) days without giving any reason, the following applies. In respect of digital content not supplied on a tangible medium, including Virtual Items, the right of withdrawal is lost once supply has begun, provided that the User has given prior express consent to supply beginning during the withdrawal period, has acknowledged that the right of withdrawal is thereby lost and has received confirmation thereof. By making a Purchase, the User requests the immediate supply of the Virtual Items.

8.6. In respect of a Subscription, which constitutes a digital service, the User may withdraw within fourteen (14) days of the Purchase. Where the User has requested that the Subscription begin during that period, the User shall pay an amount proportionate to the service provided until the Operator is informed of the withdrawal. The withdrawal shall be notified by an unequivocal statement sent to info@skagry.com or to the merchant of record that processed the payment.

8.7. All Purchases are final and non-refundable, except where a refund is required under Applicable Law or is granted by the relevant Payment Provider under its own terms. Refund requests may be sent to support@skagry.com.

8.8. Where a payment is reversed by way of refund or chargeback, is disputed or proves to be unauthorized or fraudulent, the Virtual Items obtained with that payment are revoked. The Operator may, in addition, suspend or terminate the Accounts concerned in accordance with section 10.

9. Operation of the Service

9.1. The Service is provided “as is” and “as available”. The Operator undertakes only to operate the Service to the best of its ability and within its available resources, applying reasonable measures, and gives no warranty of availability, continuity, freedom from errors or any particular result.

9.2. The Service is under continuous development. The Operator reserves the right, at its sole discretion, to modify, add or remove features, game rules, game balance and Content at any time, and to reset, merge or close game worlds, which may result in the loss of game progress and Virtual Items. Where reasonably practicable, the Operator will give advance notice of a reset.

9.3. The Operator may suspend the Service, in whole or in part, for maintenance, updates or security reasons.

9.4. Environments designated as test, preview or beta versions, including test stands, are provided for testing purposes only. Their data may be deleted at any time, and payments made in test mode are not real and confer no rights.

9.5. The Operator may discontinue the Service or any part of it. In the event that the Service is discontinued as a whole, the Operator will, where reasonably practicable, give no less than thirty (30) days’ notice and will refund the unused portion of any prepaid Subscription where required under Applicable Law.

10. Enforcement

10.1. In the event of any breach or suspected breach of these Terms or the EULA, including fraud, payment abuse, chargebacks or unlawful activity, the Operator may, at its sole discretion, issue warnings, restrict features, remove User Content or Virtual Items, reset game progress, and temporarily suspend or permanently terminate the Account.

10.2. The measures available to the Operator are limited to actions within the Service. The Operator does not otherwise intervene in relations between Users or between a User and any third party.

10.3. The Operator may disclose information and take action in respect of an Account in compliance with a lawful request, order or judicial decision of a competent authority of the relevant jurisdiction.

10.4. Where reasonably practicable and lawful, the Operator will inform the User of the reasons for a measure and give the User an opportunity to respond.

11. Termination

11.1. The User may cease using the Service at any time and may delete the Account at any time in the Account settings, in the game or on the website, by confirming the deletion with the user name; the procedure, the data that is deleted and the data that is retained are described at https://skagry.com/legal/account-deletion (abre num novo separador). A User who cannot sign in may request the deletion by writing to support@skagry.com from the email address associated with the Account. Deleting the Account does not cancel a subscription purchased through a Platform or a Payment Provider; the User cancels it with that Platform or Payment Provider.

11.2. The Operator may terminate an Account: (a) as an enforcement measure under section 10; (b) where the use of the Account creates a risk or legal exposure for the Operator or other Users; (c) where required under Applicable Law; or (d) where the Account has been inactive for more than twenty-four (24) months, in which case prior notice will be sent to the email address associated with the Account.

11.3. Upon termination of an Account, the right to use the Service and all licenses to the Virtual Items held in the Account terminate. Where an Account is terminated as an enforcement measure under section 10, no refund or compensation is due, save as otherwise required under Applicable Law.

11.4. Provisions which by their nature are intended to survive termination, including sections 6, 7, 10 and 12 to 17, survive termination.

12. Third-Party Services

12.1. The Service relies on services provided by third parties, including Google sign-in, Payment Providers and Platforms. The use of such services is governed by their respective terms and privacy policies. The Operator is not responsible for third-party services and accepts no liability for their content, availability, acts or omissions.

13. Disclaimer of Warranties

13.1. To the maximum extent permitted under Applicable Law, the Service, the Game Client and all Virtual Items are provided without warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability and preservation of data.

13.2. Nothing in these Terms limits any right that a User who is a consumer holds under Applicable Law, including the legal guarantee of conformity of digital content and digital services.

14. Limitation of Liability

14.1. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under Applicable Law, including liability for willful misconduct, gross negligence, fraud, death or personal injury, or any mandatory right of the User as a consumer.

14.2. Subject to clause 14.1 and to the maximum extent permitted under Applicable Law, the Operator excludes all liability, whether in contract, tort (including negligence) or otherwise, for any loss or damage, whether direct, indirect, incidental, special or consequential, including, without limitation, loss of profit, revenue, data, goodwill, game progress or Virtual Items, arising out of or in connection with the Service or these Terms.

14.3. Where liability cannot be excluded under Applicable Law but may be limited, the Operator’s aggregate liability for all claims shall not exceed the greater of (a) the total amount paid by the User for Purchases in the twelve (12) months preceding the event giving rise to the claim and (b) ten euros (EUR 10).

15. Indemnity

15.1. To the extent permitted under Applicable Law, the User shall indemnify and hold harmless the Operator from and against any third-party claims, damages, losses and costs, including reasonable legal fees, arising out of the User’s User Content, the User’s breach of these Terms, any activity carried out in or through the User’s Account, or the User’s infringement of any law or of the rights of any third party. Where the User is a consumer, this clause applies only to the extent that the User is responsible for the matter concerned.

16. Amendments

16.1. The Operator may amend these Terms, in particular to reflect changes to the Service, to Applicable Law or to its business. Each version bears its own number and date, displayed at the top of this page, and the Account records the version accepted by the User and the time of acceptance.

16.2. The Operator will notify Users of material amendments in advance, on the website, in the game or by email, and will request acceptance of the new version. A User who does not accept the new version must cease using the Service and may close the Account; where required under Applicable Law, the unused portion of any prepaid Subscription will be refunded. Amendments have no retroactive effect.

16.3. Amendments that do not reduce the rights of Users, such as clarifications, corrections or amendments required under Applicable Law, take effect upon publication.

17. Governing Law and Dispute Resolution

17.1. These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by the laws of Spain, to the exclusion of its conflict-of-law rules and of the United Nations Convention on Contracts for the International Sale of Goods.

17.2. The courts of Spain have jurisdiction over any dispute arising out of or in connection with these Terms or the Service. Where the User is a consumer, this choice of law and jurisdiction is without prejudice to the mandatory consumer-protection provisions of the law of the User’s country of habitual residence and to any right of the User to bring proceedings before the courts of that country which cannot be excluded by agreement.

17.3. Before initiating proceedings, the User is invited to submit any complaint to the Operator, which will endeavor to resolve it amicably. The Operator does not participate in consumer arbitration or other alternative dispute resolution procedures unless required under Applicable Law.

18. Miscellaneous

18.1. These Terms constitute the entire agreement between the User and the Operator with respect to the Service and supersede all prior agreements and understandings relating thereto.

18.2. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the provision concerned shall be applied to the maximum extent permitted under Applicable Law.

18.3. No failure or delay by the Operator in enforcing any provision of these Terms shall constitute a waiver of its right to do so subsequently. The Operator shall not be liable for any delay or failure in performance caused by events beyond its reasonable control.

18.4. The Operator may assign its rights and obligations under these Terms to another entity, including in connection with a sale or reorganization of the Service, provided that the rights of the User as a consumer are not reduced thereby.

18.5. These Terms are published in English, Russian and Spanish. In the event of any discrepancy between the language versions, the English version shall prevail to the extent permitted under Applicable Law.

19. Contact

19.1. All questions, complaints, notices and requests concerning these Terms may be sent to info@skagry.com.

19.2. The legal particulars of the Operator — name, tax identification number and registered address — are published at https://skagry.com/legal/imprint (abre num novo separador).