Evokeplanet terms and conditions for games and apps

Please read these Terms of Use (the “Terms”) carefully. These Terms apply to your download, access, and/or use of Evoke Planet’s services, whether on your computer, on a mobile device, on our website www.evokeplanet.ai (the “Website”) or any other website, device, or platform (each a “Service” and together the “Services”). These Terms also apply to any other services that we may provide in relation to the Services or the Website, such as customer support, social media, community channels, and other websites that we may operate from time to time (we refer to all our Services and other services collectively as the “Services” in these Terms). These Terms are a legal agreement and contain important information about your rights and obligations in relation to our Services.

1.1 If you do not agree to these Terms or any future updated version of them, then you must not access and/or use, and must cease all access and/or use of, any of our Services. If we require that any future update to these Terms necessitates any action from you in order to accept the updated Terms, then you may not be able to continue to use the Services until you have taken such action.

1.2 These Terms represent a legal agreement between you and Evoke Planet, a company located at 9320 St Laurent, Suite 614, Montreal, Quebec, Canada, H2N1N7. The parties intend that the Terms of this agreement inure to the benefit of Evoke Planet’s Affiliates (as defined below).

1.3 By clicking “Accept” on the Service’s pop-up screen, or installation page, Evoke Planet’s webpage, or Evoke Planet’s Community Forum (or where such button or a similar button is otherwise presented) or downloading, installing, accessing, or using the Services, you confirm that:

1.3.1 you have read and understood these Terms and any other documents referred to herein, including without limitation our Privacy Policy, and that you agree to be bound by these Terms; and

1.3.2 you are at least 13 years old, or else you must not use our Services. If you are the parent or guardian of a minor aged 13 or older (depending on the applicable laws of your country), you are agreeing to these Terms on your behalf and on behalf of your minor(s) who you have authorized to use the Service pursuant to these Terms.

1.4 FOR RESIDENTS IN THE USA: IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW IN PARAGRAPH 21.

1.5 In these Terms, references to “Evoke Planet”, “we”, “us”, and “our” are references to Evoke Planet as well as Evoke Planet’s Affiliates where appropriate.

1.6 These Terms are made available via the app store or platform that you download our Services from (such as the Apple App Store, Google Play Store, or Amazon App Store, or the Microsoft Store), on any website or platform where you can use our Services. You agree that by accessing and/or using our Services, you are agreeing to these Terms and our Privacy Policy (see paragraph 13 below).

1.7 YOU MUST BE AND HEREBY AFFIRM THAT YOU ARE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OR STATE OF RESIDENCE. If you are under the legal age of majority and over the age of 13, your parent or legal guardian must consent to these Terms as set out in paragraph 1.3.

1.8 You can access the latest version of these Terms at any time at www.evokeplanet.ai/TermsAndConditions. We can make changes to these Terms at any time in accordance with paragraph 17 below, and except in relation to any amendment to paragraph 21 (Binding Arbitration and Class Action waiver) below, your continued use of our Services after the Terms have been updated shall confirm your acceptance of the updated Terms.

2. About accessing and using our Services

2.1 The specific rules, guidelines, and policies for each Service can be found within the Service itself. Such rules, guidelines, and policies form part of these Terms, and you agree that you will comply with them in respect of each individual Service that you choose to access and/or use.

2.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be before you access and/or use our Services.

2.3 There may be times when our Services or any part of them are not available for technical or maintenance-related reasons, whether on a scheduled or unscheduled basis. See paragraph 8 below for more information.

3. Accounts

3.1 When using our Services, you may choose to, and in some instances, you will be required to, create an account with us (“Evoke Account”). If you do create an Evoke Account with us, you agree that you will take all steps necessary to protect your login details and keep them secret. If you do not create an Evoke Account, your use and any Virtual Content purchased or earned will not be accessible from any other device and will not be restored to a different device if you lose, damage, or change your device.

3.2 You agree that you will not give your login details to anyone else or allow anyone else to use your login details or Evoke Account.

3.3 In these Terms, references to “login details” or “Evoke Account” include your login details and account for any social network or platform that you may allow our Services to interact with.

3.4 We will be entitled to assume that anyone logging into your Evoke Account using your login details is you and not anybody else. If you fail to keep your login details secret, or if you share your login details or Evoke Account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.

3.5 We will not be responsible to you for any loss that you suffer as a result of any other person accessing your Evoke Account and/or using our Services, and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.

3.6 We reserve the right to delete your Evoke Account if no activity is conducted by you in relation to the Evoke Account for 180 or more days. In such an event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that Evoke Account, and no refund will be offered to you in relation to the same.

3.7 You understand that if you delete your Evoke Account, or if we delete your Evoke Account in accordance with these Terms, you may lose access to any data previously associated with your Evoke Account (including, without limitation, your progress through our Services and/or the level or score you have reached in our Services and any Virtual Money or Virtual Goods associated with your Evoke Account). We have no obligation to reinstate your Evoke Account or be liable for any loss of data if you delete your Evoke Account, or if we delete your Evoke Account in accordance with these Terms.

3.8 YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY EVOKE ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY EVOKE ACCOUNT AT ANY TIME FOR ANY REASON (SUCH AS CEASING A SERVICE FOR ECONOMIC REASONS DUE TO A LIMITED NUMBER OF USERS CONTINUING TO MAKE USE OF THE SERVICE OVER TIME) OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.

3.9 Your Evoke Account is personal to you, and you are not entitled to transfer your Evoke Account to any other person.

4. Virtual Content

4.1 Our Services may include virtual currencies such as credits and tokens (“Virtual Money”), items or services for use within our Services (“Virtual Goods”), or paid subscriptions for Virtual Money, Virtual Goods, or other in-service features (“Subscriptions”). Virtual Goods, Virtual Money, and Subscriptions shall together be referred to in these Terms as “Virtual Content”. To benefit from or use some Virtual Content in our Services, you may first have to reach a certain level or progress to a certain point. To the fullest extent permitted under applicable law, you agree that (once purchased) Virtual Content has no monetary value and can never be exchanged for real money, real goods, or real services from us or anyone else. You agree that Virtual Content is not transferable to anyone else, and you will not transfer or attempt to transfer any Virtual Content to anyone else. For the purposes of this paragraph 4, a “purchase” is complete at the time our servers validate your purchase and the applicable Virtual Content is successfully credited to your account on our servers.

4.2 You do not own Virtual Content but instead purchase a limited personal revocable license to use them. To the fullest extent permitted under applicable law, any inclusion or balance of Virtual Content does not reflect any stored value.

4.3 Prices for all Virtual Content exclude all applicable taxes and telecommunication charges unless otherwise indicated. To the fullest extent required by law, you agree to pay any such applicable taxes and telecommunication charges in line with applicable law.

Virtual Money and Virtual Goods 4.4 You agree that all sales by us to you of Virtual Money and/or Virtual Goods are final and that we will not refund any transaction once it has been made. Notwithstanding the foregoing, if you are a resident in the European Economic Area, you have the right to withdraw from the purchase and the associated purchase terms (which may be set out by the applicable payment intermediary for the purchase, for example, Google or Apple) within fourteen (14) calendar days. However, as a resident in the European Economic Area, you agree that when you purchase Virtual Goods and/or Virtual Money from us, you request immediate performance, and that you understand this means you will lose your statutory right to withdraw from your purchase and the associated terms once you access and use the Virtual Goods and/or Virtual Money. If you are a resident in the United Kingdom, when you purchase Virtual Goods and/or Virtual Money and we immediately supply the Virtual Goods and/or Virtual Money to you, you will be asked to acknowledge that this means you will lose your statutory right to withdraw from your purchase and the associated terms.

Connecting your gameplay 4.5 If you do not connect your Service on a device to an Evoke Account, we will not be able to restore any Virtual Content or other data associated with your Service to a different device if you lose, damage, or change that device. Accordingly, on a device that is not connected to your Evoke Account:

any risk of loss of Virtual Content that you purchase from us is transferred to you upon completion of the purchase as described in paragraph 4.1 above; any risk of loss of Virtual Content that you receive from us without making a purchase is transferred to you at the time the Virtual Content is successfully credited to your account on our servers; and any risk of loss of other data associated with your gameplay (including, without limitation, your progress through the Service, or the level or score you have reached in our Services) is transferred to you immediately at the time such gameplay data is generated. 4.6 The data associated with Virtual Content (whether purchased by you using real money or otherwise credited or awarded to you) is synced between different devices only if you have connected your Service to an Evoke Account. Accordingly, any risk of loss of this data is transferred to you (i) in the case of Virtual Content that you purchase from us, upon completion of the purchase as described in paragraph 4.1 above; and/or (ii) in other cases at the time the Virtual Content is credited or awarded to you.

4.7 If you live in the European Economic Area and the United Kingdom, we will provide you with a VAT invoice where we are required to do so by law or where expressly requested by you. You agree that these invoices may be electronic in format.

4.8 We reserve the right to control, regulate, change, or remove any Virtual Content without any liability to you at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate.

4.9 We may revise the pricing for Virtual Goods and Virtual Money at any time. We may also revise the pricing for Subscriptions offered through the Services with reasonable notice to you and in accordance with applicable law, but if you have an active Subscription, such changes will only take effect following the end of the then-current Subscription period. When we give you notice, we will remind you that your continued use after the end of your then-current Subscription period means that you accept the new Subscription prices. To the maximum extent permitted by applicable law, if you don’t cancel before the price changes come into force, you will be deemed to have accepted those modifications. If you are a resident in Germany, nothing in this paragraph 4.9 is intended to affect your statutory rights, and we will enact any price revisions in accordance with applicable law.

4.10 We may limit the total amount of Virtual Content that may be purchased at any one time, and/or limit the total amount of Virtual Content that may be held in your account in the aggregate. You are only allowed to obtain Virtual Content from us or our authorized partners through the Services, and not in any other way.

4.11 Depending on your platform, any Virtual Content purchased may be subject to your platform provider’s terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights, you should check with your platform or our customer support team before making a purchase. Unless otherwise shown, content available in any in-service store has the same age rating as the Service.

4.12 Without limiting paragraphs 3.7, 3.8, 4.5, or 7.1, if we suspend or terminate your account in accordance with these Terms, you may lose any Virtual Goods and/or Virtual Money that you may have, and we will not compensate you for this loss or make any refund to you. If you have an active Subscription at the date of termination, it will not auto-renew at the end of the then-current Subscription period.

4.13 The charge for any Virtual Content that you can purchase via our Services will be as stated in our Services at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges, then you should check with your bank before making a purchase. We accept payment via our payment processing partners by credit card, debit card, carrier billing, and any other payment method we expressly authorize during the payment process. Our payment processing partners may have their own terms and conditions, and you should ensure you agree with these prior to making any payment. If your transaction with our payment processing partners is not successful, then your purchase will not be fulfilled. Upon the completion of a successful payment transaction, your purchase will be fulfilled to you as soon as possible – we will endeavor to fulfill your order immediately at the point of purchase.

Subscriptions 4.14 Payment for a Subscription will be charged to your account at the point of purchase and, for renewals, will be taken within the 24 hours prior to the expiry of the then-current Subscription period. Your Subscription will automatically renew on the basis communicated to you in writing unless you turn off auto-renew via your platform settings at least 24 hours before the end of the then-current Subscription period. Your Subscription is linked to your platform account and cannot be transferred between platform accounts. You agree that sales of Subscriptions are final and that cancellation is not permitted mid-way during an active Subscription period (subject to paragraph 4.15 below if you are resident in the European Economic Area).

4.15 For residents of the European Economic Area, if you have purchased a new Subscription, you have the right to withdraw from the purchase and the applicable purchase terms within fourteen (14) calendar days for any reason, subject to the below. This right of withdrawal does not apply to renewals of your existing Subscription. Your right of withdrawal starts from the day after your purchase of the Subscription. Instructions on how to exercise this right are set out at the end of these Terms in Appendix 1 (Section A: ‘Information concerning the exercise of the right of withdrawal’). For residents of the United Kingdom and countries outside of the European Economic Area, when you purchase a Subscription from us and receive immediate access to it, you will be asked to acknowledge that this means you will lose your statutory right to withdraw from the purchase.

5. User conduct and content

5.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions and, if applicable, stop accessing and/or using our Services.

5.2 You promise that all the information you provide to us on accessing and/or using our Services is and will remain true, accurate, and complete at all times.

5.3 Information, data, software, sound, photographs, graphics, video, messages, tags, usernames, guild names, or other materials may be sent, uploaded, communicated, transmitted, or otherwise made available via our Services by you or another user (“Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit, or otherwise make available via our Services.

5.4 You agree not to upload, communicate, transmit, or otherwise make available any Content or otherwise use the Services in any way:

that is or could reasonably be viewed as unlawful, harmful, harassing, grooming, defamatory, libelous, obscene, or otherwise objectionable; that is or could be reasonably viewed as toxic and/or abusive behavior, or behavior that is intended to unreasonably undermine or disrupt the Service experiences of others or affect other users; that is or could reasonably be viewed as invasive of another’s privacy or violate any privacy rights; that is likely to, or could reasonably be viewed as likely to, incite violence, terrorist activities, or racial or ethnic hatred; which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information); which infringes any intellectual property right or other proprietary right of others; which consists of any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; or which contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. 5.5 You agree that you will not:

use our Services to harm anyone or to cause offense to or harass any person, or otherwise use our Services to act in a way that is intended to unreasonably undermine or disrupt the Service experiences of others or affect other users (including, without limitation, engaging in toxic or abusive behavior); use the Services or any third-party systems to commit an illegal or fraudulent action that is prohibited under applicable laws and/or under these Terms; exploit, in its entirety or individual components, the Services for any purpose not expressly authorized by us, including, without limitation: playing the Services at commercial establishments; gathering in-service currency, items, or resources for sale/selling/exchanging outside of our Services; performing in-service services including, without limitation, account boosting or power-leveling, in exchange for payment or otherwise; communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation, or offer through or within the Services; or organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, our Services, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization. create more than one Evoke Account per platform to access our Services; share your Evoke Account or login information with anyone, unless these Terms allow it; use another person or entity’s email address in order to sign up to use our Services; use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity, or our Services); disguise, anonymize, or hide your IP address or the source of any Content that you may upload; use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications; remove or amend any proprietary notices or other ownership information from any part of our Services; interfere with or disrupt our Services or servers or networks that provide our Services; attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed, or stored by us; ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use our Services, including, but not limited to, any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms); sell, transfer, or try to sell or transfer an Evoke Account or any part of an Evoke Account, any Virtual Content (including, without limitation, any sale of Virtual Money and/or Virtual Goods for real money or for other value outside of the relevant Service); disrupt the normal flow of a Service or otherwise act in a manner that is likely to negatively affect other users’ ability to compete fairly when using our Services or engaging in real-time exchanges; disobey any requirements or regulations of any network connected to our Services; use our Services in violation of any applicable law or regulation; use our Services to cheat or design or assist in cheating (for example, by using automated means or third-party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these Terms; be abusive, aggressive, demeaning, or conduct offensive behavior towards Evoke Planet’s customer service representatives by any means like chat, email, phone, or any other means of communication; or use our Services in any other way not permitted by these Terms. If you are concerned that someone else is not complying with any part of these Terms, please contact us here: TandC@evokeplanet.ai.

5.6 We do not control Content posted on our Services by other people, and therefore we do not guarantee the accuracy, integrity, or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent, or objectionable. To the fullest extent permitted under applicable law, under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted, or otherwise made available via our Services.

5.7 We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these Terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so.

5.8 You are solely responsible for your interactions with other users of our Services. You agree that you will not hold Evoke Planet liable for any loss or damage arising from the Content (yours or another user’s) including without limitation in respect of any defamation, harassment, or false endorsement claims.

6. Using our Services with other users

6.1 Some of our Services allow you to interact with other users. You may be able to:

6.1.1 choose to interact with another user whom Evoke Planet selects for you, or

6.1.2 interact with one of your contacts on a platform or social network which you have allowed our Services to interact with. Some of our Services may also allow you to search for your friends (for example, by email address) to find them for interaction. We may also display the display names of your past contacts so that you can easily find them again.

6.2 Where Evoke Planet selects another user for you, or groups you with other users for interaction, we may either select at random or use such criteria as we see fit to make these selections (for example, your past usage, your country, or your other activity within the Service).

6.3 By accessing and/or using our Services, you agree that your display name, scores, avatar, country location, online/offline status, and other related details may be used and displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our Services or within our marketing. You also understand that other users may find you by searching for you with your email address, only if another user already knows your email address to search for you. Please note that we will only show your display name publicly, and not your email address. For more information, please read our Privacy Policy.

Chat 6.4 Some of our Services may include functionality that may allow you to participate in text with other users. You may be able to participate in text chat with other users, send messages to Evoke Planet customer services, or publicly on our forums.

7. Your breach of these Terms

7.1 Without limiting any other remedies or any other paragraph of these Terms, if we reasonably believe that you are in material breach of these Terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:

delete, suspend, and/or modify your Evoke Account, parts of your account, and/or access to our Services; otherwise suspend and/or terminate your access to our Services; correct, modify, and/or remove any Virtual Content (including but not limited to Virtual Goods or Virtual Money) or features that may be associated with your account; correct, reset, and/or modify any progress, features, or benefits and privileges associated with your account, such as any level or score you have reached in our Services. We may terminate the license granted to you under these Terms and/or suspend, modify, or delete your account at any time without giving you any prior notice if you materially breach our Terms. Without limitation, any breaches of paragraphs 4.1, 4.10, 5.4, or 5.5 are likely to be considered material breaches.

7.2 You agree to compensate us, according to applicable law, for all losses, harm, claims, and expenses that may arise from any breach of these Terms by you.

7.3 If you think that a decision to suspend, modify or delete your account was taken wrongly, please contact us at TandC@evokeplanet.ai. We will restore any Virtual Content and/or features if we have good cause to believe our actions were not sufficiently justified.

7.4 We will notify you if we decide to terminate or suspend any license we have granted to you under these Terms, unless: we are reasonably unable to notify you due to technical limitations; we are terminating or suspending it to comply with a legal obligation that does not include a prior notice obligation; notification is not possible due to a legal obligation to take immediate action; or if we reasonably believe that providing notice is likely to materially harm a third party.

8. Availability of the Services

8.1 For residents in the United States: We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including, for example, ceasing a Service for economic reasons due to a limited number of users continuing to make use of that Service over time, for technical reasons (such as technical difficulties experienced by us or on the internet), or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.

8.2 For residents outside the United States and the European Economic Area: We do not guarantee that any of our Services will be available or error-free at all times or at any given time, but we will provide our Services in accordance with any legally required standards. In particular, in relation only to any Virtual Content or any other part of our Services which have been paid for with real money, we warrant that they will substantially comply with the description provided by us at the point of purchase and be of satisfactory quality (in addition any related services provided through them will be provided with reasonable care and skill). We may change and update our Services in whole or in part without notice to you (provided that any such changes do not result in material degradation in the functionality of any part of the Services which have been paid for with real money). We make no warranty or representation regarding the availability of the Services which are provided free of charge (i.e. not paid for with real money), and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including, for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (such as technical difficulties experienced by us or on the internet), or to allow us to improve user experience. If such circumstances result in material and significant degradation in the functionality of the Services, then any obligation you may have to make any payment to download, use, or access them will be suspended for the duration of such period. Notwithstanding the foregoing, we are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control. You also acknowledge and agree that we are not liable for any errors relating to Services which are provided wholly by a third party (for example, a community channel hosted and operated by a third party). We are entitled to modify or discontinue the Services or any part of them which are paid for with real money in our sole discretion upon reasonable notice to you.

8.3 For residents in the European Economic Area: Notwithstanding the fact that we do not guarantee that any of our Services will be available, uninterrupted, or error-free at all times or at any given time, and you agree that we are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control, your local laws may provide you with a legal guarantee that the Services will be in legal conformity at the time of supply and during the life of these Terms with you. Under this legal guarantee, we will be liable for lack of conformity of the Services and/or Virtual Content, and you may have a right under your local laws to: (a) have the Services and/or Virtual Content brought back into conformity; or (b) a proportionate refund and/or termination of these Terms (or the applicable purchase terms if you’ve purchased the Services and/or Virtual Content from a third party). Other than this legal guarantee and to the fullest extent permitted by applicable law, no other warranties of any kind, express or implied, are included as part of these Terms. If you are a resident in France, the Terms in Appendix 1 (Section C) apply to your statutory guarantee. To the fullest extent permissible under applicable law, you also acknowledge and agree that we are not liable for any errors relating to any Services which are provided wholly by a third party (for example, a community channel hosted and operated by a third party). We may change and update our Services in whole and in part, in order to, for example (without limitation):

ensure compliance with applicable laws and/or reflect change in relevant laws and regulatory requirements; perform temporary maintenance, fix bugs, implement technical adjustments, and make improvements; update or upgrade our Services including updating the structure, design, or layout of our Services; release new Services, end support for older Services, or close down certain Services if we have good reason to do so; balance, maintain, improve, update, or renew a Service; ensure the security of our Services; and to combat illegal and/or harmful activities, including the use of unauthorized programs or other activities which breach these Terms. Unless otherwise required by applicable laws and provided that any such updates do not result in material derogation in the functionality of the Services, you grant us consent to deploy and apply such patches, updates, and modifications, and we may update the Services remotely without notifying you. If any updates to our Services result in a negative impact on your access or use of the Services in a more than minor way, we will give you notice of such changes. If you don’t agree to the changes, you will be able to terminate these Terms within 30 days from the date of any notice we provide or 30 days from when the change comes into effect, whichever is later. If you are a resident in Germany, we will give you at least six (6) weeks’ notice of such changes, and you will have 30 days from our notice of the change or from when the change comes into effect (whichever is later) to reject the changes and terminate these Terms. For residents in the European Economic Area, you may also be able to receive a proportionate refund for aspects of the Services, such as Subscriptions, paid for but not received. Please contact us at TandC@evokeplanet.ai for more information. If you do not object to the changes or terminate these Terms within the stated time limit, we will take that as your acceptance of the changes. For avoidance of doubt, nothing in these Terms will preclude us from discontinuing the Services or any part of them, provided that we provide sufficient notice to you as required by applicable laws.

9. For residents in the United States – Limitation of Liability and Indemnity

9.1 Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, OUR SERVICES ARE “AS IS” AND WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ALL OF THE CONTENT OF THE SERVICES WILL BE ACCURATE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. ADDITIONALLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EVOKE PLANET NOR ITS AFFILIATES WILL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE SERVICES (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE FULLEST EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN NO EVENT AND UNDER ANY THEORY OF LIABILITY SHALL OUR LIABILITY EXCEED THE LESSER OF (A) THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENSE TO USE VIRTUAL GOODS OR VIRTUAL MONEY OR ANY OTHER PART OF OUR SERVICES OR; (B) THE AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

9.2 Indemnification: YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD EVOKE PLANET, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS OR DEMANDS, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF YOUR BREACH OR ALLEGED BREACH OF THESE TERMS, YOUR VIOLATION OF RULES FOR OUR SERVICES, COMPETITIONS, OR TOURNAMENTS, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. NOTHING IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS. YOU FURTHER AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM EVOKE PLANET, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR DENY ACCESS TO ANY SERVICE, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF EVOKE PLANET’S CONCLUSION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS.

10. For residents outside the United States – Limitation of Liability

10.1 We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability that may not by law be excluded.

10.2 We are not responsible for:

losses or harm not caused by our breach of these Terms or negligence; losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these Terms including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss; any damage that may be caused to any device on which you access or use any of our Services that is caused in any way by our Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Services; any loss or damage, or any increase in loss or damage resulting from breach by you of any of these Terms; any use by you of the Services which isn’t authorized by us under these Terms; any lack of functionality or failure to provide any part of the Services that is due to: malfunctions or faults in your chosen equipment, devices, operating system, or internet connection (including malware, viruses, or bugs originating from third parties or any of your devices); or your failure to download or install any update or the most recent published version of any Service in order to benefit from updated functionality or to meet compatibility requirements, where we have informed you of the update, explained the consequences of failing to install the update, and provided installation instructions; any lack of functionality or incompatibility where your chosen equipment, devices, operating system, or internet connection does not meet the specific requirements provided by us; or technical failures or the lack of availability of any of our Services where these are not within our reasonable control. 10.3 For any losses or harm (other than those mentioned in paragraph 10.1 and subject to paragraph 10.2) in any period of twelve months, to the fullest extent permitted under applicable law, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these Terms up to the value of the amount that you have paid to us in the 100 day period ending on the date of your claim. Losses and harm are foreseeable only where they could be contemplated by you and us at the time of you agreeing to these Terms.

10.4 Subject to applicable law and unless otherwise specified in these Terms, we do not give any warranty, express or implied, in relation to our Services and you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services. Any additional legal rights, such as any applicable statutory rights of legal conformity (for example, see paragraph 8.3 above) which you may have as a consumer, remain unaffected by these Terms.

11. Intellectual Property

11.1 You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by users) is owned by or licensed to us.

11.2 Whilst you are in compliance with these Terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to access and/or use our Services (but not any related object or source code) for your own personal private use, in each case provided that such use is in accordance with these Terms. You agree not to use our Services for anything else. These Terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch will be deemed part of the Services for the purposes of these Terms.

11.3 YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN THE LICENSE GRANTED TO YOU BY THESE TERMS, YOU WILL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY EVOKE ACCOUNTS OR ANY VIRTUAL CONTENT. You must not copy, distribute, make available to the public, or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.

11.4 In particular, and without limiting the application of paragraph 11.3, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Content, whether on a free of charge basis or otherwise.

11.5 By submitting Content (as defined in paragraph 5.3) via our Services you:

are representing that you are fully entitled to do so; represent and warrant that you are fully able to grant the licenses set out in this paragraph 11.5; represent and warrant that the Content does not infringe upon the copyright, trademark, patent, trade secret, or other rights of any third party; grant us a perpetual, irrevocable, worldwide, fully paid-up, non-exclusive, sub-licensable, royalty-free right and license to exploit the Content and all elements thereof, in any and all media, formats, and forms, known now or hereafter devised; grant us the unlimited right to edit, adapt, translate, reformat, manufacture, rearrange and transpose, distribute, sell, sub-license, transmit, provide access to, publish, and use the Content you submitted, any derivative works we may create from it, and any elements contained therein, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you; acknowledge that you may have what are known as “moral rights” in the Content, for example, the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. To the maximum extent permitted by applicable law, you agree to waive any such moral rights you may have in the Content or, if a waiver is not possible under applicable law, not to assert such moral rights; and agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf. 11.6 You must not copy, distribute, make available to the public, or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights in the Content have been infringed by another user of our Services, and the infringed Content is hosted on our Services that are under our direct control, you may contact us by emailing the following information to TandC@evokeplanet.ai with:

a description of the intellectual property rights and an explanation as to how they have been infringed; a description of where the infringing material is located; your address, phone number, and email address; a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed. 11.7 For avoidance of doubt and without prejudice to the remainder of this paragraph 11, in the event you upload or otherwise transmit to us any Content that contains concepts, ideas, or feedback relating to any Service and/or our Services (“Feedback”), you will not be entitled to any compensation for any such Feedback, and we may freely use any such Feedback in any manner we deem appropriate. In addition, any Feedback by you will not create any contractual relationship between us. Except to the extent that any such waiver is prohibited by applicable law, you hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” or any similar law in any country of the world or, in the event that a waiver is not possible under applicable law, you agree not to assert such moral rights.

12. For residents in the United States – U.S. GOVERNMENT RESTRICTED RIGHTS:

12.1 Our Services have been developed entirely at private expense and are provided as “Commercial Computer Software” or “restricted computer software.” Use, duplication, or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (b)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (b)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is Evoke Planet, 9320 St Laurent, Suite 614, Montreal, Quebec, Canada, H2N1N7.

13. Privacy

13.1 The data controller for all personally identifiable information or personal data that we collect about you through or in relation to our Services is Evoke Planet.

13.2 Evoke Planet collects, processes, uses, and shares your personal information in accordance with our Privacy Policy and as set out in these Terms. If you do not agree to our Privacy Policy, you should not download or access our Services or otherwise access and/or use our Services.

14. Links

14.1 We may link to third-party websites or services from our Services. You understand that we make no promises regarding any content, goods, or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties, you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.

15. Transferring these Terms

15.1 To the fullest extent permissible under applicable law, we may wish to transfer all or a part of our rights or responsibilities under these Terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these Terms unless we first agree to this in writing.

16. Entire agreement

16.1 These Terms, all terms incorporated into these Terms (such as Evoke Planet’s Privacy Policy), and any other terms as agreed between you and Evoke Planet (for example, any rules we create that govern in-service competitions or tournaments) together set out the entire agreement between you and us concerning our Services (as defined in paragraph 1) and they supersede, replace, and extinguish all earlier agreements and understandings between you and us. You acknowledge that Evoke Planet and its Affiliates have not made any actual or implied promise, representation, or warranty whatsoever, and acknowledge that you have not agreed to these Terms, used Evoke Planet’s Services, obtained Virtual Content, or accepted Evoke Planet’s Services in reliance upon any such promise, representation, or warranty, that is not expressly contained herein.

17. Changes to these Terms

17.1 You can find these Terms at any time by visiting www.evokeplanet.ai/TermsAndConditions.

17.2 Without affecting paragraph 17.3 below, we reserve the right to update these Terms from time to time by posting the updated version at that address (and where these updates affect you, with reasonable notice to you, as required under applicable law). We may do so for a number of reasons, including, without limitation, because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. Your continued use of our Services will mean that you accept the amended Terms. You agree that if you do not accept any amendment to our Terms, then you must immediately stop accessing and/or using our Services.

17.3 If you are a resident in Germany, we may from time to time modify or change these Terms if there is good reason for the change (such as compliance with legal requirements, minor clarifications to existing Terms, to provide further information on issues that were unforeseeable at the time you entered into these Terms, or to improve how we deliver the Services to you) and the changes reasonably take into account the interests of both parties, but we will not change our main obligations to you. Where any changes affect you, we will notify you of any changes by providing you with a notice. To the maximum extent permitted by local law, if you do not object to the amended Terms within six (6) weeks following the notice, your continued use of our Services will mean that you accept the amended Terms.

18. Severability

18.1 If any part of these Terms is held to be invalid or unenforceable under any applicable laws or by an applicable court, that part will be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these Terms will remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these Terms in a manner consistent with applicable law, then that part will be deemed deleted from these Terms without affecting the remaining provisions of these Terms.

19. Waivers of our rights

19.1 Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such rights. Any waiver of such rights will only be effective if it is in writing and signed by us.

20. Complaints and dispute resolution

20.1 Most concerns can be solved quickly by contacting us at TandC@evokeplanet.ai.

20.2 If you are a resident of the European Union, if you are not satisfied with the resolution of your request by our customer service, the European Commission provides an online dispute resolution platform which is accessible at http://ec.europa.eu/consumers/odr.

20.3 If you are a resident of the United Kingdom and you are not satisfied with the resolution of your request by our customer service, the United Kingdom Government provides information regarding consumer rights at https://www.gov.uk/consumer-protection-rights.

20.4 If you are a resident in the United States, please see paragraph 21 below.

20.5 In the unlikely event that we cannot solve your concern and you wish to bring legal action against us, the provisions of paragraph 22 below will apply.

21. For residents in the United States – BINDING ARBITRATION AND CLASS ACTION WAIVER:

READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.

21.1 The BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in this paragraph 21 apply to you if you are domiciled in and/or used the Services or acquired and used Services in the United States. See JURISDICTION AND APPLICABLE LAW below for details. (9 U.S.C. §1, et seq.). The BINDING ARBITRATION AND CLASS WAIVER is governed by the Federal Arbitration Act (9 U.S.C. §1, et seq.) (“FAA”) and federal arbitration law.

21.2 The BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in this paragraph 21 apply to all Disputes between you and Evoke Planet and/or Evoke Planet’s Affiliates relating to the Services. Paragraph 21 also applies to any Dispute (as defined below) between you and any Evoke Planet Affiliates, each of which is an intended third-party beneficiary of paragraph 21. “Affiliate” means any entity controlling, controlled by, or under common control with Evoke Planet, where ‘control’ means the direct or indirect ownership of more than fifty percent (50%) of such entity’s capital or equivalent voting rights.

21.3 To the fullest extent allowed by applicable law, you and we agree to submit all Disputes between us to individual, binding arbitration pursuant to the provisions in this paragraph 21. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and Evoke Planet and/or Evoke Planet’s Affiliates that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use or attempted use of the Services, all marketing related to the Services, all Services, Virtual Content, contests, tournaments, and all matters relating to or arising from these Terms (including Evoke Planet’s Privacy Policy and all other terms incorporated into these Terms) or any other agreement between you and Evoke Planet, including any disputes over the validity or enforceability of these Terms to arbitrate. A Dispute shall be