TERMS OF SERVICE
Effective Date: 30.01.2025 The terms of this agreement (“Terms of Service“) govern the relationship between you and Gilinberg, Pfalzgraf, Rifert & Würzler GbR, a German company having its registered office at Seestraße 64, 78354 Sipplingen, Germany (hereinafter “the Company,” “Us,” or “We“) regarding your use of the Company’s games, store, sites, and related services (the “Service“). Use of the Service is also governed by the Company’s Privacy Policy and other relevant policies, which are incorporated herein by reference. The Privacy Policy provides detailed information on how we process your personal data, including the use of personalized advertising (such as Unity Ads) and your rights under the GDPR (for EU users) and other applicable data protection laws. Before accessing or using the Service, including browsing any Company website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. A guest account may be created for you for the use of the Service, and you may also be required to register an account on the Service (collectively “Account“). These Accounts include, for example, game accounts and the Company’s account system. By using or registering for an Account or otherwise using the Service, you affirm that you are the legal age of majority in your country of residence. If you are not, your legal guardian must review and agree to these Terms of Service. BY INSTALLING, USING, OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE, OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED. IMPORTANT NOTICE: For residents outside the European Union (EU) or European Economic Area (EEA), you agree that disputes with the Company must be resolved on an individual basis through final and binding arbitration as described in Section 8.1 (“Dispute Resolution”). The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Service, its Privacy Policy, and other relevant Company policies at any time by posting the amended terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Company’s Privacy Policy, or any other Company policy, rules, or codes of conduct relating to your use of the Service, your right to use the Service shall immediately terminate, and you must immediately stop using the Service.

1. Using the Service
1.1. Your Right to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Company policies, you have a non-exclusive, non-transferable, non-sublicensable, revocable, and limited right to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose. The following restrictions apply to the use of the Service:

You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (such as PayPal) by minors. (Note: This clause is strong and aligns with German case law on parental liability/apparent authority, e.g., LG Karlsruhe) .

You shall not (or attempt to) purchase, sell, rent, or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself.

You shall not use the Service if you have previously been removed by the Company or banned from playing any Company game.

You shall not use the Service to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk or spam email, or repetitive or misleading messages to anyone.

Login Information and Your Account You may be required to select a password for your Account, or you may also use other credentials to access the Account (“Login Information“). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify the Company and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account. The Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights. Unless you are using the Company’s account system, the Service supports only one Account per game on a supported device.

Use Limitations Any use of the Service in violation of these Use Limitations is strictly prohibited, can result in the immediate revocation of your limited right, and may subject you to liability for violations of law. You agree that you will not, under any circumstances :

Engage in any act that the Company deems to be in conflict with the spirit or intent of the Service or make improper use of the Company’s support services.

Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Service, any Company game, or any Company game experience.

Modify or cause to be modified any files that are a part of the Service or any Company game without the Company’s express written consent.

Disrupt, interfere with, or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users’ experience when using the Service or playing the Company’s games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players, and any other act that intentionally abuses or goes against the design of the Service.

Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any Company game environment.

Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.

Attempt to gain unauthorized access to the Service, Accounts registered or used by others, or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by the Company, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.

Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.

Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.

Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Company employees, including the Company’s customer service representatives.

Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Company employee.

Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Company game, or to obtain any information from the Service or any Company game using any method not expressly permitted by the Company.

Solicit, or attempt to solicit, Login Information or any other login credentials or personal information from other users of the Service or any Company game.

Collect or post anyone’s private information, including personally identifiable information (whether in text, image, or video form), identification documents, or financial information through the Service.

Use any Company game for gambling, betting, or any similar activity in which prizes or rewards can be won (directly or indirectly), including betting on the outcome of matches in which you participate as a player, irrespective of whether or not there is a fee or stake involved.

Use the Service in any way that would violate any export controls, anti-money laundering rules, economic sanctions, or similar laws or regulations, including but not limited to those imposed by the European Union.

The Company reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. The Company reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, THE COMPANY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF WITH OR WITHOUT NOTICE TO YOU (i) IF YOU ARE, OR THE COMPANY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH THESE TERMS OF SERVICE; OR (ii) FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE. YOU CAN LOSE YOUR USERNAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED VIRTUAL ITEMS, AND PURCHASED VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND THE COMPANY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. This provision does not waive any mandatory statutory rights you may have under applicable consumer protection laws. Specifically, for consumers in Germany, this clause does not constitute a waiver of potential claims regarding a pro-rata refund for unused Purchased Virtual Items if your account is terminated by us for inactivity or if the Service is discontinued, which would otherwise be deemed an “unreasonable disadvantage” (unangemessene Benachteiligung) under § 307 BGB (German Civil Code) . WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, OR TERMINATE THE SERVICE AND ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES, AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. THE COMPANY RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS. The Company reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your right to use the Service or a part thereof will be automatically terminated. In such event, the Company shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued Service, subject to your statutory rights as described above. Termination of your Account can include disabling your access to the Service or any part thereof, including any content you submitted or others submitted. You may terminate your Account at any time and for any reason by following the process described on our support page located at https://starshipbattlegrounds.com/kontakt/, informing the Company that you wish to terminate your Account.

1.3. Privacy and Advertising
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share your personal information. As our Service may be funded by advertising, we use services like Unity Ads, which may show personalized ads based on your data. In accordance with applicable data protection laws (such as the GDPR in the EU), we will ask for your explicit consent for such data processing where required, typically via an in-game pop-up (Consent Management Platform). You must use a Google-certified CMP supporting the IAB TCF 2.2 standard to ensure ad delivery in the EU/EEA. You can find all details and information on how to manage your consent in our Privacy Policy.

2. Ownership
2.1. Games and Service
All rights, title, and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Company game client, and the Company’s game clients and server software) are owned by the Company. The Company reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

2.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF THE COMPANY.

2.3. Virtual Content
The Company owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in the Company’s games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual items, content, features, goods, services, or currency appearing or originating in any Company game, whether earned in a game or purchased from the Company, or any other attributes associated with an Account or stored on the Service.

3. User Content
3.1. Submission of User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Company game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent, and warrant that such transmission or submission is : (a) accurate and not confidential or misleading ; (b) not in violation of any laws, contractual restrictions, or other third-party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content ; (c) free of viruses, adware, spyware, worms, or other malicious code ; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by the Company in accordance with its Privacy Policy.

3.1.1. Content Screening and Digital Services Act (DSA) Compliance
The Company assumes no responsibility for the conduct of any user submitting any User Content. Your use of the Service is at your own risk. As a provider of an in-game chat service, the Company operates as a “Hosting Service” under the definitions of the EU’s Digital Services Act (DSA) . Consequently, the following new obligations apply as of February 17, 2024 :

Notice and Action Mechanism (Art. 16 DSA): We provide users with a mechanism (e.g., an in-game “Report” button) to easily notify us of content they believe to be illegal (such as hate speech, severe harassment, or terrorist content). We will process these notices and take appropriate, timely action .

Statement of Reasons (Art. 17 DSA): If we remove or restrict content, or suspend a user’s account based on a report or our own moderation, we will provide the affected user with a clear and specific explanation (a “statement of reasons”) for the decision .

No General Monitoring Obligation: These obligations do not imply a general, proactive monitoring obligation for all User Content . However, we reserve the right to monitor, record, and remove content at our discretion as described below.

At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. The Company reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time, in compliance with our legal obligations under the DSA .

3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs, and chat features where you can post User Content, including your observations and comments on designated topics. The Company cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. The Company shall have no responsibility to evaluate, use, or compensate you for any ideas or information you may choose to submit.

3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through, or in connection with the Service and that you provide to others. The Company may reject, refuse to post, or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of the Company violates these Terms of Service.

3.2.3. Your License to the Company
You hereby grant to the Company an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third parties) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to the Company the right to authorize others to exercise any of the rights granted to the Company under these Terms of Service. You further hereby grant to the Company the unconditional, irrevocable right to use and exploit your name, likeness, and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. The Company does not claim any ownership rights in your User Content, and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. The Company has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

3.3. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or the Company’s games. The Company reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with the Company to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting the Company access to any password-protected portions of your Account. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

4. Fees and Purchase Terms
4.1. Purchases
In the Service, you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable right to use: (a) virtual currency, including but not limited to virtual cash or diamonds, all for use in the Company’s games; (b) virtual in-game items, content, or features; and (c) other goods or services (points a – c are jointly referred to as “Virtual Items“). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way. The provision of Virtual Items for use in the Company’s games is a service provided by the Company that commences immediately upon acceptance by the Company of your purchase.

4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. The Company may revise the pricing for the Virtual Items offered through the Service at any time. YOU ACKNOWLEDGE THAT, EXCEPT AS REQUIRED UNDER APPLICABLE LAW (INCLUDING THE STATUTORY RIGHT OF WITHDRAWAL FOR EU/EEA CONSUMERS), THE COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY OTHER REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY (subject to the qualifications in Section 1.2).

4.3. Specific Provisions for EU/EEA Consumers (Right of Withdrawal)
If you are a consumer residing in the European Union or European Economic Area, you have a statutory right of withdrawal from contracts for the purchase of digital content (such as Virtual Items) .

Instructions on Withdrawal

Right of Withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Gilinberg, Pfalzgraf, Rifert & Würzler GbR, Seestraße 64, 78354 Sipplingen, Germany, Email: support@ampere-lab.com) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or e-mail).

Consequences of Withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

Expiry of the Right of Withdrawal (pursuant to § 356 Abs. 5 BGB) Your statutory right of withdrawal expires prematurely if all of the following three conditions are met :

You have expressly consented (e.g., via a mandatory checkbox during checkout) that we begin with the performance of the contract (i.e., delivering the Virtual Item) before the withdrawal period has expired; AND

You have acknowledged (e.g., via the same checkbox) that you understand you lose your right of withdrawal as a result of this immediate performance; AND

We provide you with a confirmation of your consent and acknowledgment on a durable medium (e.g., in the purchase confirmation email or as a downloadable PDF) after the contract is concluded .

If these three steps are not correctly implemented, your right of withdrawal does not expire early and may, under German law, extend for up to 12 months and 14 days .

5. Updates to the Service
You understand that the Service is an evolving one. The Company may require that you accept updates to the Service and to the Company’s games you have installed on your device or computer. You acknowledge and agree that the Company may update the Service and its games, with or without notifying you. You may need to update third-party software from time to time in order to receive the Service and play the Company’s games.

6. Disclaimer of Warranties
WITHOUT LIMITING THE COMPANY’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you. This does not affect any statutory warranty rights (Gewährleistung) you may have as a consumer under applicable law, particularly if you are a resident of the EU.

7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
7.1. General Limitation (Default)
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF… TO THE EXTENT NOT PROHIBITED BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO THE COMPANY IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO THE COMPANY DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND THE COMPANY’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

7.2. Specific Provisions for Consumers in the EU/EEA
If you are a consumer residing in the EU or EEA, the following provisions shall apply in place of Section 7.1 regarding liability : (a) The Company is fully liable for intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit), as well as for damages resulting from injury to life, body, or health. (b) In cases of slight negligence (leichte Fahrlässigkeit), the Company is liable only for the breach of essential contractual obligations (Kardinalpflichten). An essential contractual obligation is an obligation whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the user regularly relies and may rely. In such cases, liability is limited to the typically foreseeable damage at the time the contract was concluded. (c) Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected. (d) To the extent not covered by the provisions above, any further liability of the Company is excluded.

7.3. Indemnification
You agree to indemnify, defend, and hold the Company (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim, demand, damages, or other losses… however, the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

8. Dispute Resolution
You and the Company agree that the processes for dispute resolution described in this agreement will apply to any dispute or claims related to these Terms of Service, the Privacy Policy, or the Service. Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims, arising at any time, including before we entered into this agreement. Processes for dispute resolution will apply even if you stop using your Account, delete your Account, or stop using the Service.

8.1. Dispute Resolution for Residents Outside the EU/EEA (Arbitration Agreement)
If your habitual residence is outside the European Union (EU) or European Economic Area (EEA), this Section 8.1 applies to you. You and the Company agree that the processes for dispute resolution described in this agreement will apply to any dispute or claims related to these Terms of Service, the Privacy Policy, or the Service. Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims, arising at any time, including before we entered into this agreement. Processes for dispute resolution will apply even if you stop using your Account, delete your Account, or stop using the Service.

8.1.1. Informal Dispute Resolution
If you have an issue that our customer support cannot resolve, you and the Company agree to try to informally resolve any dispute directly with each other for at least thirty (30) days before starting an arbitration. The informal dispute resolution process starts when you give the Company written notice of the dispute through support@ampere-lab (“Dispute Notice”). In your Dispute Notice, you agree to include your name, any relevant Company game account name(s) or account system you use, mailing address, how best to contact you, what the problem is, and how you would like the Company to resolve the problem. If the Company has a dispute with you, the Company will send its Notice of Dispute to any email address you have associated with your account. All applicable statutes of limitations will be considered tolled beginning on the day a Dispute Notice is received as described herein. Except in the case of a Mass Arbitration (see below), this tolling shall end either on the date an arbitration is filed or thirty (30) days after submission of the Dispute Notice, whichever is earlier. If your problem cannot be resolved by this informal dispute resolution process, you or the Company may initiate an arbitration in accordance with these Terms of Service, as described below.

8.1.2. Arbitration
You and the Company agree to resolve any disputes exclusively in final and binding individual arbitration as follows: Either you or the Company may choose to submit any dispute for resolution exclusively by final and binding arbitration unless the claim is within the exceptions described below. These arbitration proceedings shall be conducted on an individual basis only, meaning the dispute is solely between you and the Company. If you or the Company brings a claim in court that can be resolved by arbitration under this section, then either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator will have the exclusive authority to decide whether any portion of Section 8 is valid or enforceable or whether it applies to a claim. An arbitration proceeding will be held before a single neutral arbitrator. This means you and the Company agree to give up the right to resolve the dispute in a trial before a judge or jury. Arbitration has different rules than more formal lawsuits. For example, the ability to force the other side to share information may be more limited than the process called discovery in formal lawsuits. After the arbitrator decides the outcome, that decision will be final. You or theCompany can ask the arbitrator to put a decision or award and the reasons for it in writing. Either of us can ask a court to confirm or enter the arbitrator’s final decision or award, which will make it the same as a court judgment. You and the Company will generally not be able to change the outcome of arbitration through courts outside of very limited circumstances.

8.1.3. Arbitration Process
The arbitration will be run by the AAA (American Arbitration Association). The arbitration provider’s rules and procedures will be used for the arbitration, including the Consumer Arbitration Rules. But if there is a conflict between these Terms of Service and the arbitration provider’s rules and procedures, then we will follow these Terms of Service. To review the arbitration provider’s rules or to start arbitration, you can go to the arbitration provider’s website. If either of us decides to start arbitration, we agree to provide the other party with a written Demand for Arbitration as specified in the arbitration provider’s rules. The fees for arbitration will be determined by the arbitration provider’s Consumer Arbitration Rules. If the arbitrator decides that those fees are excessive, the Company will pay the fees. Each side will pay their own attorneys’ fees and costs unless the claims allow the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the arbitration provider’s rules or applicable law. If either party challenges the validity of the arbitrator’s decision or award through a subsequent court case, that party will pay its own costs and attorneys’ fees associated with the challenge. The arbitration will take place either in Delaware, or virtually.

8.1.4. Exceptions to Agreement to Arbitrate
You and the Company agree that the informal dispute resolution process in Section 8.1.1 and arbitration agreement in Section 8.1.2 will not apply to the following disputes :

Claims about the Company’s intellectual property, such as claims to enforce, protect, or concerning the validity of the Company’s copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights.

Claims related to piracy or tortious interference.

Claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitration.

Claims in small claims court.

Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction as described in Section 10 (“Venue for Disputes Not Subject to Arbitration”).

8.1.5. No Class Actions
You and the Company agree that we can only bring claims against each other on an individual basis. That means :

You cannot bring a claim against the Company as a plaintiff or class member in a class, collective, or representative action.

The arbitrator cannot combine any other person’s claims with yours into a single case or preside over any class, collective, or representative arbitration proceeding.

The arbitrator’s decision or award in your case will not apply to anyone else and cannot be used to decide other people’s disputes.

8.1.6. Mass Arbitration
If 25 or more similar arbitrable disputes (for example, your dispute against the Company) are filed by or with the assistance of the same law firm, group of law firms, organizations, or with representation that is consistent or coordinated across the cases, these will be considered “Mass Arbitration Cases,” and will be processed in accordanceance with the arbitration provider’s Mass Arbitration Supplementary Rules for consumer mass arbitration.

8.1.7. Opt-Out of Arbitration Agreement and No Class Actions Provisions
You can choose to opt out of and not be bound by the Arbitration Agreement and No Class Action provisions above (Sections 8.1.1 to 8.1.6) by sending written notice of your decision to opt out to support@ampere-lab.com with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” You must send us this notice within thirty (30) days of your first use of the Service or availability of this opt-out, whichever is later. If you do not send us a notice within that time, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, the Company also will not be bound by them.

8.2. Dispute Resolution for Residents within the EU/EEA
If your habitual residence is within the European Union (EU) or European Economic Area (EEA), this Section 8.2 applies to you.

8.2.1. Online Dispute Resolution (ODR)
The European Commission provides an online dispute resolution (ODR) platform, which you can access at: https://ec.europa.eu/consumers/odr/.

8.2.2. Alternative Dispute Resolution (Germany / VSBG)
In accordance with § 36 VSBG (German Consumer Dispute Resolution Act), we inform you that we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle). Our contact email for disputes is support@ampere-lab.com.

9. Applicable Law
These Terms of Service, the Privacy Policy, or the Service shall be governed by the laws of Germany, without regard to its conflict of law provisions. If you are a consumer and have your habitual residence outside of Germany, you shall additionally retain the protection afforded to you by mandatory provisions of the law of your country of residence (choice of law limitation).

10. Venue for Disputes Not Subject to Arbitration
You agree that any claim or dispute you may have against the Company that is not subject to arbitration (under Section 8.1) must be resolved exclusively by a court located in Sipplingen, Germany (our registered office), and you consent to venue and personal jurisdiction in Sipplingen, Germany for all such claims or disputes. Exception for EU/EEA Consumers: If you are a consumer residing in the EU/EEA, any such dispute shall be resolved by a court of competent jurisdiction as determined by statutory law, which is typically the court of your place of residence.

11. Severability
You and the Company agree that if any portion of these Terms of Service or of the Company’s Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

12. General Provisions
12.1. Assignment
The Company may assign or delegate these Terms of Service and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

12.2. Supplemental Policies
The Company may publish additional policies related to specific services such as forums, contests, or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

12.3. Entire Agreement
These Terms of Service, any supplemental policies, and any documents expressly incorporated by reference herein (including the Company’s Privacy Policy), contain the entire understanding of you and the Company, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral, or written, or whether established by custom, practice, policy, or precedent, between you and us with respect to the Service.

12.4. No Waiver
The failure of the Company to require or enforce strict performance by you of any provision of these Terms of Service or the Company’s Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of the Company’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by the Company of any provision, condition, or requirement of these Terms of Service or the Company’s Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement. Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by the Company shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand-signed by you and a duly appointed officer of the Company.

12.5. Notices
We may notify you via postings in our games, on our website, via email, or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Company’s Privacy Policy shall be in writing and addressed to : Gilinberg, Pfalzgraf, Rifert & Würzler GbR Attn: Legal Seestraße 64 78354 Sipplingen, Germany Email: support@ampere-lab.com

12.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone so that the Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Company game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).

12.7. Force Majeure
The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

12.8. Contact Points (Digital Services Act)
Pursuant to Art. 11 and 12 of the EU’s Digital Services Act (DSA), our single point of contact for communication with Member States’ authorities, the Commission, and the Board is: support@ampere-lab.com. This email may also be used by users for inquiries related to the DSA .