Terms and Conditions / End-User License Agreement ("Agreement")

License Grant

If you are chosen for a Game Test, or are accessing the live production game, TeamVASH grants You a revocable, personal, non-exclusive, non-transferable, non-sublicensable, limited license to download, install and use Our Software on devices You own or control, strictly in accordance with the terms of this Agreement. The Software is licensed, not sold, to You by TeamVASH.

The license that is granted to You by Us is solely for your personal, non-commercial purposes (however, see the “Fan Content” clause and the Creator Code Program Agreement for an exception) and becomes effective the date You accept this Agreement. You have no ownership of Software.

Limited License

By entering into this Agreement, You agree to not to take any actions that are harmful to Us or other users of Our Services. TeamVASH reserves the right to revoke Your license to Our Software if You don’t comply with this Agreement, or Privacy Policy, and/or if You breach or help others breach these license limitations below. You acknowledge and agree that in the event Your license to access or use Our Software is terminated, You will not be entitled to any compensation, refund, or reimbursement, including but not limited to any subscription fees, in-game items, or Virtual Currency, that may have been accrued or purchased during Your use of Our Software.

Examples of such actions You will not do using, through or in connection with Our Software or Services, include, but are not limited to, the following:

• Abuse, stalk, dox, defame, grief, harass, impersonate, threaten or intimidate other users, moderators, admins, developers or Our company through any means
• Attempt to disrupt or actually disrupt the Software or Service and try and bring it down (which may be a civil or criminal offense)
• Breach Your NDA (Non-Disclosure Agreement) if You are taking part in a Game Test (see Game Test clause)
• Attempt or disrupt the gameplay experience of others or give yourself an advantage including, but not limited to purposefully:
  • Killing Your character
  • Letting another character kill Your character
  • Harming Your team
  • Being inactive
• Type in the chat or speak in the voice chat in a language other than English (We can’t moderate what We don’t understand)
• Publicly share any exploits or bugs in-person, on social media, through videos, images or any other form of communication to others. Anyone caught sharing bugs or exploits will be suspended. Anyone caught knowing about bugs or exploits without disclosing them to Us will also be suspended. You must report bugs and exploits through the reporting system
• Violate the privacy of another user
• Falsely report other users
• Communicate with employees of Our company in an abusive or offensive manner
• Attempt to get private information from other users (such as passwords, emails or other personal information)
• Send spam to another user
• Create multiple accounts for spamming Our Services
• Reverse engineer, change, decompile, data mine, web scrape or create derivative works of Our Intellectual Property, Services or Software
• Upload, transmit, install or otherwise inject any viruses, malicious code, worms, malware, trojan horses, or other Content that is designed or intended to disrupt, DDOS, damage, or limit the functioning of Our Software or Services
• Host, create or offer matchmaking Services for Our Software or catch, copy, transmit, direct or redirect any of Our communication protocols for any reason
• You will not take any actions that may damage or obtain unauthorized access to any data or other information of a third person or Our Software or Services
• Infringe on any copyright, patent, trade secret, proprietary rights, Intellectual Property or other rights of third parties while using Our Software or Services
• Conduct or promote any unlawful activity
• Creating an esports group using Our Software without authorization from Our Company
• Use the Software with cloud computing or cloud gaming Services
• Create, use or trade duplicated in-game items which were created or copied using exploits, bugs or design flaws in the Software
• Attempt to emulate, reproduce or copy any part of Our Services or Software with the intention of creating phishing sites, fraudulent Content, any other similar illegal activity or for any other reason whatsoever
• During the live launch of the game and potentially Game Tests, Your access to certain aspects of the Software will be based on whether you have a free or premium account. If You have a premium account and then switch to a free account, You will lose access to the premium Content
• Sell, copy, transfer, rent, sublicense or license Our Intellectual Property, Software, Our Services or Your license or account to anyone else or conduct commercial activities within Our Software. This includes but is not limited to selling or exchanging Virtual Currency in-game or outside of the game, providing in-game commercial Services to other players to boost their accounts, commercial advertising or solicitation in chat or voice chat, organizing, promoting or getting involved in any commercial bets or gambling based on outcomes that could happen in-game or playing the game at any commercial establishment unless expressly authorized by Our Company in writing
• Cheating: Create, use, offer, promote, advertise or distribute third party tools, Software or code in connection with Our Software for any reason at all or use Our Software in a way that was not intended including but not limited to methods used to: give a user an unfair advantage over other players, exploit bugs, facilitate gameplay, enhance visuals of the game, automate control of the game through bots, access or change the game through hacks. It does not matter if the outcome is a competitive advantage or non-competitive, do not use any third party tools, code, or Software to change or enhance the game in any shape or form unless expressly authorized by Our Company

Under the limited license, You acknowledge that the Software may contain cheat detection Software, which must be installed and may run while the Software is in use. You agree to install and keep the cheat detection Software installed and functioning, and understand that failure to do so may result in the termination of Your license to use the Software. This cheat detection Software may collect information about Your account, gameplay, and any unauthorized programs or processes running on Your device. You agree that We may exercise all rights and remedies under this Agreement if the cheat detection Software or Our Company detects a breach of this Agreement.

Content Restrictions

We are not responsible for the Content You or others post on Our Services. You expressly understand and agree that You are solely responsible for the User Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.

We reserve the right, but not the obligation, to, in Our sole discretion, determine whether or not any User Content is appropriate and complies with this Agreement, refuse or remove this User Content. Our Company further reserves the right to make formatting and edits and change the manner of any User Content.

We can also limit or revoke the use of Our Services if You post such objectionable User Content. As Our Company cannot control all User Content posted by users and/or third parties on Our Services, You agree to use Our Services at Your own risk.

You understand that by using Our Services, You may be exposed to Content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will Our Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of Your use or viewing of any User Content.

If Your User Content is deemed to be abusive, harassful, or offensive, We reserve the right to suspend, terminate or change Your User Content at Our sole discretion (See also “Termination of Your Account” and “Limited License” clause).

Eligibility

In order to be eligible to take part in Our Game Tests, You must have a valid, non-suspended account and have been invited.

Minimum System Requirements

To download, install, and run Our Game Launcher and any test builds (powered by Unreal Engine), You must use a Windows-based device that meets or exceeds the following minimum specifications:

• Operating System: Windows 10 (64-bit) or later
• Processor: Intel® Core™ i5-2500K / AMD FX-8320 or better
• Memory (RAM): 8 GB or more
• Graphics:
  • DirectX 11–compatible GPU with 2 GB VRAM (e.g. NVIDIA GTX 770 or AMD Radeon HD 7870)
  • For higher-quality tests, a DirectX 12–compatible GPU with 4 GB VRAM is recommended
• Storage: At least 50 GB of free space on a Windows-formatted drive
• DirectX: Version 11 or higher
• Internet Connection: Broadband (wired or Wi-Fi) with at least 5 Mbps download/upload for test sessions

We do not support macOS, Linux, or any other platform for Game Tests. Attempting to run the Game Launcher or test builds under emulation/virtualization on non-Windows devices is at Your own risk and may result in inability to participate.

Confidentiality / Non-Disclosure Agreement

This Game Test is confidential. You will not disclose the Software, elements of the Software or any comments, opinions (positive or negative), Feedback, bugs, experiences or stories, whether in person or online, about or in connection to the Software to any third party or on any Medium without written consent of Our Company, unless it is covered by the exceptions below. This confidentiality will remain intact until Our Company informs You that it is no longer confidential or the full production release of the game.

Exceptions: You may publicly disclose comments (experience, Feedback and bugs, flaws, errors) with the Software on the twitch.tv/teamvash live channel. You may also disclose comments privately on Discord to Meags (TeamVASH) or teamvashmeags or Vash (TeamVASH) or teamvash who are admins in the discord.gg/teamvash Discord Channel. You can find them on the top right hand corner of the Discord under “Admin”.

To be clear, do not make any comments, whether in person or online, to any third parties or on any Mediums about (i) being a Tester, (ii) Your experience/Feedback/opinions with the Software, (iii) any bugs, flaws or errors You have experienced, (iv) the length of the Game Test, (v) the number of Testers, (vi) how You become a Tester, (vii) any information that only a Tester would have such as what is included or seen (the look and feel of the game) in the Software itself (e.g classes, quests, combat, chat and voice functionality, items, inventory, weapons, monetary systems, stability of the game) even if that information is publicly displayed on Our Twitch channel’s chat or live video, without written consent of Our Company.

You may message Us privately on Discord (with the same Discord contact details mentioned) if You are not sure about some information You want to disclose and You may receive Our written approval through Discord.

Feedback

Your Feedback to Us is Your responsibility and a requirement to take part in Our Game Test. You will report any flaws, bugs, errors, experiences, Feedback or suggestions through the two methods mentioned in the “Confidentiality / Non-Disclosure Agreement” section under “Exceptions”.

Please see the “Feedback” clause and “Feedback License to Our Company” of this Agreement, as the Feedback license You give Us also applies to the Feedback You give Us during the Game Tests.

Acknowledgement

You acknowledge that:

• The game is in a draft state and may contain bugs or errors, and that there is a risk of lost data or damage to Your computer or hardware as a result of participation.
• Our Company is not liable for any lost data or damage to the game clients or server, any interruptions of the service or any Software or hardware failures.
• Our Company may track and store any communication including but not limited to in-game text chat, voice chat, packets, CPU, RAM, operating system, video and sound card, discord posts, social media posts for the purpose of testing the game or to ensure compliance with this Agreement.
• Our Company may erase any data related to the Game Test at any time, including but not limited to Seven Day accounts, inventory, game progression or characters.
• You will not sell or share the Software with any third parties.
• You have read and agree to the Privacy Policy (listed at the bottom of this page) to understand Your privacy rights and how We process Your personal data.
• You agree to use the game in the Game Test at Your own risk.

Conflict with Other Clauses

In the event of any conflict between the terms of this Game Test clause and any other Agreement or terms, the provisions of this Game Test clause shall prevail. For example, the NDA clause will override the Fan Content Policy clause.

Term and Termination

You enter into this Agreement the moment You select the checkbox to agree to this Agreement and create Your account.

The terms under this Game Test (NDA, Feedback and Acknowledgement) will be terminated when the full production release of the game is generally available or if allowed by Our Company's explicit written announcement. All other terms of this entire Agreement outside the Game Test clause will remain in effect even after the termination of the Game Test agreement.

Intellectual Property Infringement / DMCA Policy

We take copyright infringement seriously and strive to respect the Intellectual Property rights of others. However, We are not liable for any copyright infringement by Our users unless required to do so by international copyright law.

We comply with the Digital Millennium Copyright Act (DMCA), a United States copyright law formed in 1998. The DMCA provides a safe harbor provision for online service providers who may unknowingly host infringing Content on their platform.

If You are a copyright owner, or authorized on behalf of one, and You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through Our Services, You may submit a notification pursuant to the DMCA by providing Our copyright agent with the following required information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the copyrighted work owner or person authorized to act on behalf of the owner of the copyright's interest
• A description of the copyrighted work that You claim has been infringed
• Identification of the URL or other specific location on the service or Services where the material that You claim is infringing is located or a copy of the copyrighted work
• Your address, telephone number, and email address
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by You, made under penalty of perjury and civil penalties (with financial damages, court and attorney fees), that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf

You can contact us by sending us a support ticket. Upon receipt of a notification, Our Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged Content from the service. The information You share may be provided to the user who is responsible for the alleged copyright protected Content.

Trademark Policy

If You are a trademark owner and believe that a player of Our game or user of Our Services is infringing on Your trademark, please contact Us at teamvashbusiness@gmail.com with a detailed complaint and proof of ownership. We will investigate and take appropriate action in accordance with applicable laws.

Please note that We do not have control over the actions of Our players and cannot monitor all User Content for trademark infringement. However, We encourage trademark owners to report any suspected infringement to Us so that We can take appropriate action, which may include removing or disabling access to the infringing Content.

We reserve the right to terminate the account of any player who repeatedly infringes on the trademark rights of others or violates Our policies.

Payment and Pricing Terms

Payment Due Date:

All payments must be completed upon purchase.

Currency:

The currency will be in USD, CAD or Your local currency. Subscriptions, however, may only be charged in USD or CAD.

Forms of payment:

You may be able to use credit card or direct debit when making a purchase from TeamVASH. Depending on Your location, there may be other options.

Sales tax

The price You see advertised before checkout may be slightly lower than the actual price You pay once You reach checkout because of the sales tax requirement for digital goods and services in certain locations. You may have to pay sales and local taxes associated with Your purchase and this rate will be different across users based on their location.

Right to withdraw discounts or change prices

We reserve the right at any time, prior to accepting Your order, to withdraw or modify any discounts, promotions, or special offers, or prices prior and without prior notice to You. This could happen for reasons, including but not limited to, a coupon code becoming expired while you’re in the checkout process or an incorrect price being shown due to an error.

Declined credit cards

If Your subscription payment is declined on Your next auto renewal period, Stripe will continue to attempt to charge the card each day for four days and then after four failed attempts, will cancel Your subscription.

If Your payment is declined while purchasing Virtual Currency, You will not receive the Virtual Currency and will need to update Your payment method.

Saving credit cards

If you are purchasing virtual currency or upgrading Your account, you have the choice to save Your card for future use.

If you are purchasing a recurring subscription, you understand that payments will be processed instantly for the first time you subscribe and then Your card will be processed automatically on the next billing cycle until you cancel the subscription.

Acknowledgement

By making a payment, You acknowledge and confirm that You are the authorized user of the payment card (or other payment method) and account used for the transaction and that You authorize TeamVASH or its authorized processor, to process the payment for the amount indicated on the transaction. You agree to provide accurate and complete billing information, including billing name, address, and payment details, and to promptly update such information if there are any changes.

Virtual Currency and Content

You may be able to acquire a limited, non transferable, non-sublicensable, revocable license to use Our Virtual Currency or Content for personal, noncommercial use in Our Software. This limited license can be obtained through:

• Purchasing a limited license to use Our Virtual Currency or Content
• Earning a limited license to Our Virtual Currency or Content through actions You take in Our Software
• Exchanging Virtual Currency for a limited license to use Content

The license to use any Virtual Currency or Content obtained through Our Services is granted to You, and is not sold to You, irrespective of any representations made by Us outside of this Agreement. You do not own the Virtual Currency or Content.

You acknowledge and agree that the Virtual Currency and Content has no monetary value and cannot be sold, transferred or exchanged for anything of value including but not limited to real currency from Our Company or any other third party or person, unless required by applicable law. The Virtual Currency or Content is not a substitute for real currency and has no value outside of Our Services. You agree You will only purchase Virtual Currency and Content from Our Company and not from any third-party platforms, services or people.

Additionally, You agree that We have no obligation to exchange Virtual Currency or Content for anything, including real currency. You agree that We reserve the right to change the purchase price or take action that may impact the perceived value of Virtual Currency and Content at any time, as long as it is not prohibited by the law.

The purchase of Virtual Currency and Content is final, non-refundable or transferable under any circumstances unless required by applicable law. We may limit the amount of Virtual Currency or Content You can purchase, earn, accrue, redeem or use.

You acknowledge and agree that We have the right to administer, alter, exchange, suspend, halt, terminate or eradicate Virtual Currency or Content, including Your ability to access or use it, without any obligation to inform You or assume any liability or responsibility towards You, except as prohibited by application law. This may occur, including but not limited to, if We determine at Our sole discretion You have violated this Agreement or engaged in fraudulent or illegal activity.

You are not allowed to transfer, sell, trade, lease, sublicense, or rent Virtual Currency or Content inside or outside of the Software. However, You may gift or exchange Virtual Currency or Content inside the Software if expressly allowed by Our Company (e.g exchanging Virtual Currency for Content (such as an in-game cosmetic) and then gifting that Content to a friend).

Pricing and availability of Virtual Currency and Content can change without notice. We reserve the right to change and update the pricing of Virtual Currency or Content or the amount available to purchase. We also reserve the right to manage, change or remove any Content available.

Our Company maintains full ownership and control over all rights, title, and interest, whether tangible or intangible, in and to the Virtual Currency and Content. Your license to the Virtual Currency and Content will terminate upon termination of Your Software license under this Agreement or termination of Your account.

Subscription

You may be able to purchase a subscription to obtain a limited license to play or test certain parts of Our game.

When You purchase a subscription, You are charged a one-year fee up front. Your subscription then auto-renews on a monthly basis beginning one year after Your initial purchase, until You cancel.

Subscription Renewal

For example, if You purchase a subscription on July 15, 2025, Your one-year term will run through July 14, 2026. Beginning July 15, 2026, and on the 15th of each month thereafter, Your subscription will auto-renew at the then-current monthly rate unless You cancel before the next renewal date.

A receipt will be emailed to You upon initial purchase and subsequent automatic renewals.

Price Change

You acknowledge that the price may be revised at any time for any reason, on a go forward basis at Our sole discretion with a reasonable prior notice via email. The email will mention that if you continue to use the Services after Your subscription period, you are accepting the new subscription price and that the new price will be charged to Your payment method on the next auto renewal period. If you do not agree with the new price, you may cancel Your subscription in Your account settings before Your subscription auto renews.

Cancellation

You may cancel Your subscription by going to Your account settings. Your subscription time will remain active until the end of Your subscription cycle. You may renew Your subscription at anytime after cancelling, and if You have remaining subscription time, You will pay the monthly amount on the date you renew to add one extra month's game time on top of Your current game time, and then Your subscription card will be auto-charged at the end of the subscription cycle for future payments.

For example, if You subscribed in May 2024, and then cancelled in June 2024, You will have an active subscription until May 2025. If You renew your subscription in July 2024, You will pay the monthly amount and then Your subscription will auto-renew in June 2025.

Please note that if You cancel your subscription, You will lose access to the monthly rate and when You resubscribe it will be for the full year up front again and then You will switch to the monthly payments after one year.

EEA/EU/UK

If You are a resident of the European Union (EU), European Economic Area (EEA), or United Kingdom (UK) and You are a consumer who is entering into a digital content contract with Our Company, You have a right to withdraw from the contract with Our Company based on the terms below.

We are obligated as traders to inform You of your EEA/EU/UK right of withdrawal in the specific legal terms below, however if the terms below differ from any other informal wording We have provided, the below terms shall prevail towards any EU/EEA/UK consumer.

If You enter into a contract for the supply of digital content that is not provided on a tangible Medium (such as a CD or DVD), You will lose Your right to withdraw from the contract if the following conditions are met:

1. You have given Your prior express consent to start the immediate performance and supply of the digital content. Performance for the supply of digital content typically means once it has started downloading or streaming.
2. You have acknowledged that by starting the performance of the digital content, You will lose Your right to withdraw from the contract.
3. The digital content has already started being performed before the withdrawal period.
4. We provided You with confirmation that the contract has concluded using a durable Medium (e.g by email), and confirmed Your express consent and acknowledgement of the loss of Your right of withdrawal from the contract and that the digital content has started being performed.

In simpler terms, if You agree to receive digital content that is not on a tangible Medium and start using it, You will no longer be able to withdraw from the contract and request a refund.

Please note, if We supply You with digital content that breaches Our statutory obligations, You may have a statutory right to a refund or other remedies. This means that if the digital content is not of satisfactory quality, not fit for purpose, or not as described, You may have the right to request a refund, repair, or replacement. However, this right only applies if We have breached Our statutory obligations, and not if You simply change Your mind about the purchase. Additionally, the right to a refund or other remedies may not apply if We have clearly disclosed any faults or defects in the digital content before You made the purchase.

Information Requirements

For those in the United Kingdom (which includes England, Scotland, Wales, and Northern Ireland), under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations, We also have to provide specific information to You before You enter into a contract or make a purchase with Us. Some of the information We need to disclose (like the price of the digital content) will need to be displayed during the ordering process. You will receive a copy of all the information requirements by email after You have made Your purchase.

1. The main characteristics of the digital content: This will be provided during the checkout flow before You have accepted this Agreement
2. Our identity: We are TeamVASH
3. Geographical address: We are located in British Columbia, Canada and can be contacted at teamvashbusiness@gmail.com
4. The total price of the digital content inclusive of tax: This cannot be calculated in advance as Your country of residence will be required from Your billing address to determine the applicable sales tax to apply to Your purchase
5. The subscription cost: The subscription will be on an annual basis and cannot be calculated in advance as Your country of residence will be required from Your billing address to determine the applicable sales tax to apply to Your subscription
6. The arrangements for payment, performance and the time it will take to supply the digital content:Payment will be completed using Stripe, a third party payment processor. The performance and supply of the Content will begin right after payment. You will also receive an email with a receipt.
7. Complaint handling policy:If You have a complaint or require customer assistance, please send us a support ticket.
8. The conditions, time limits and procedure for exercising a right to cancel:Please review “Information concerning the exercise of the right of withdrawal” to see information about the Right of Withdrawal, Effects of Withdrawal and a Model Withdrawal Form You can send Us. Please also review “Exceptions from the Right of Withdrawal” to see the exceptions of Your ability to withdraw from the contract for digital content. These sections can be found in this Agreement.
9. Our Legal Obligation: It is Our responsibility to supply You with goods that meet Your consumer rights. If You have any concerns that We have not met Our legal obligations please send us a support ticket.
10. Contract length: The contract duration has no fixed length, however You can terminate Your contract. For information please see “How Can I Terminate My Contract?” in this Agreement. Please keep in mind, some Terms of this Agreement may still survive the termination of this Agreement. For example if You agreed to take part in a Game Test which has a non-disclosure agreement. Make sure to read this whole Agreement before entering into a contract.
11. Alternative dispute resolution: Please see “Governing Law And Jurisdiction” in this Agreement and the alternative dispute resolution section that follows.

Information concerning the exercise of the 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 from the day of the conclusion of the contract.

To exercise the right of withdrawal, You must inform Us (by sending us a support ticket) of Your decision to withdraw from this contract by an unequivocal statement. You may use the below model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for You to send Your communication concerning Your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If You exercise or are able to exercise Your right of withdrawal, We shall reimburse to You all payments received from You, including the costs of delivery (with the exception of the supplementary costs resulting from Your choice of a type of delivery other than the least expensive type of standard delivery offered by Us), 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. We will carry out such reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement.

Model Withdrawal Form

To: TeamVASH, Canada, British Columbia, teamvashbusiness@gmail.com

I hereby give notice that I withdraw from my contract of sale of the following goods: [identify Your purchase by stating the name of the item, the receipt/order ID, add Your account name and Your account email)

Order Date: [add date of purchase]

Your name: [add Your name]

Your address: [add Your address]

Signature of consumer(s) (only if this form is notified on paper):

Date: [add today's date]

AUSTRALIA

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

If You believe Your goods have met the requirements above, You can make a claim under Australian Consumer Law or contact Us first by sending us a support ticket.

ELSEWHERE

If You are not based in the EU, UK, EEA or Australia (e.g United States, Canada etc.) all purchases are final and no refunds will be made or returns accepted unless required by applicable law. For subscriptions (which are billed annually), We do not provide refunds for any partial or unused subscription period.

To the fullest extent permissible by law, all Software is provided on an “as is” basis. Please see the Disclaimer of Warranty related to Your country of residence.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE SHALL NOT BE LIABLE (TO YOU OR ANY OTHER PERSON OR ENTITY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, COMPENSATORY, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REPUTATION, GOODWILL, PROFITS, REVENUE, DATA, USE, INABILITY TO USE, PRIVACY OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND WHETHER OR NOT THE ALLEGED LIABILITY IS BASED ON BREACH OF CONTRACT, PRODUCT LIABILITY, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL BASIS OR THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, MISUSE OF, OR INABILITY TO USE OUR SERVICES OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN, AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT RECEIVED BY YOU UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $20 CAD (OR THE EQUIVALENT IN YOUR LOCAL CURRENCY) IF YOU HAVEN'TPURCHASED ANYTHING THROUGH OUR SERVICES. FOR CLARITY, THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS AGREEMENT ARE CUMULATIVE AND NOT PER INCIDENT OR CLAIM, THEREFORE ALL SUCH PARTY’SEXPENDITURES WILL BE AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.

BY USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND US, AND THAT THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED TO YOU IN THE ABSENCE OF SUCH LIMITATION.

Disclaimer of Warranties

OUR SERVICES, INCLUDING ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS AND OTHER SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS AND DEFECTS” WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT YOUR USE OF OUR SERVICES ARE AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TeamVASH, AND OUR AFFILIATES AND VENDORS, EXPRESSLY DISCLAIM AND YOU HEREBY WAIVE ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, OR GUARANTEES OR CONDITIONS, WITH RESPECT TO OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, SUCH AS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SATISFACTORY QUALITY AND TITLE AND NON-INFRINGEMENT.

WITHOUT LIMITATION TO THE FOREGOING, TeamVASH PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT:

• OUR SERVICES WILL MEET YOUR REQUIREMENTS, EXPECTATIONS OR ACHIEVE ANY INTENDED RESULTS;
• OUR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATION, SYSTEM OR SERVICE;
• ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, VALID, OR CURRENT;
• OUR SERVICES WILL OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR, BUG, TROJAN HORSE, WORM, MALWARE OR VIRUS FREE OR FREE OF ANY OTHER HARMFUL COMPONENTS;
• YOUR INFORMATION WON’T BE UNINTENTIONALLY DISCLOSED (PLEASE SEE OUR PRIVACY POLICY FOR MORE INFORMATION)
• ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Governing Law And Jurisdiction

Governing Law and Forum. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict-of-laws rules and without application of the United Nations Convention on Contracts for the International Sale of Goods.

If the binding individual-arbitration requirements set out below are adjudged unenforceable, the parties irrevocably attorn to the exclusive jurisdiction of (a) the Supreme Court of British Columbia, Vancouver Registry, or (b) where the claim is within monetary limits, the Provincial Court of British Columbia (Small Claims Division). Each party waives any objection based on forum non conveniens or similar doctrines. Nothing in this clause limits any right a consumer has under non-waivable consumer-protection statutes.

Nothing in this Agreement limits any non-waivable rights you have under applicable privacy, consumer-protection, competition, or other statutory laws.

Dispute Resolution by Binding Individual Arbitration; No Class Actions

THIS SECTION APPLIES TO ALL PEOPLE WHO ACCEPT THIS AGREEMENT, EXCEPT THOSE WHO RESIDE IN A PROVINCE OR COUNTRY WHERE BINDING ARBITRATION OR CLASS ACTION WAIVERS DO NOT APPLY OR HAVE DIFFERENT REQUIREMENTS (Please see “Severability” in this clause). In those cases, these agreements will be upheld to the fullest extent permissible by applicable law.

BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AND TeamVASH WAIVE THE RIGHT TO TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

Steps to solve a dispute:

1. Customer Support: Your first step to resolving a dispute with TeamVASH is to send us a support ticket. Most disputes can be handled quickly and efficiently this way.
2. Informal Resolution: If customer support was not able to assist You, then before moving to binding arbitration, You or TeamVASH agree to use an informal resolution process first. This is to reduce costs for both parties and attempt to have a faster resolution. You will send Your Notice of Dispute by sending us a support ticket. Make sure to include Your name, player name, email address registered with Your account, what the issue is and what actions or relief You are requesting from TeamVASH. If We have a dispute with You, We will send You a Notice of Dispute to Your Email and/or if applicable, any address You have provided to Us. Once the Notice of Dispute has been received from one party to another, the negotiations will commence and shall continue for a period of 30 days.
3. Small Claims Court:You and TeamVASH agree You may sue Us in small-claims court in British Columbia. It’s recommended to try and solve the dispute through informal resolution first, however if You want to, You can go straight to small-claims court.
4. Binding Individual Arbitration:

Dispute Types

Informal negotiations and binding arbitration cannot be used for complaints under General Data Protection Regulation (GDPR), claims of piracy or Intellectual Property infringement. You and TeamVASH agree that an arbitrator will determine if the dispute is subject to arbitration.

Arbitration Time Period

The binding arbitration agreement will still be in effect even after termination of this Agreement or TeamVASH’s Services to You.

Severability

If any provision (or section, subsection, sentence, clause, or word) of this binding arbitration clause is found to be invalid, unlawful or unenforceable, it will be severed and the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law. Any invalid, unlawful or unenforceable provision shall be deemed severed without affecting the validity or enforceability of the remaining provisions.

However, the one exception is if the Class Action Waiver is deemed invalid, unlawful or unenforceable, You and TeamVASHagree it will not be severable and the entire Individual Binding Arbitration clause would be void, and the dispute will be resolved in court under the Governing Law section. There will be no class action arbitration without TeamVASH’s consent.

Coordinated Filings (Mass-Arbitration Procedure)

Threshold for “Coordinated Cases”. If 25 or more Notices of Dispute are submitted that (a) assert substantially similar or overlapping claims, and (b) are filed by the same counsel or by counsel who are coordinating with one another, those matters will be treated collectively as “Coordinated Cases.” Any disagreement over whether particular claims constitute Coordinated Cases shall be resolved by the arbitration administrator (VanIAC or, for international parties, BCICAC) as an administrative determination.

Bellwether Filing Requirement. Demands for arbitration in Coordinated Cases may be filed only in accordance with the bellwether procedure set out below. TeamVASH will pay only its proportionate share of the filing and case-management fees for the bellwether demands actually accepted by the administrator; each claimant is responsible for their own share of such fees. For limitation-period purposes, the British ColumbiaLimitation Act is tolled for every Coordinated Case from the date a compliant Notice of Dispute is received until the case is (i) filed as a bellwether demand, or (ii) permitted to proceed in court under this clause.

Selecting Bellwether Cases. Once coordinating counsel have confirmed that all (or substantially all) Notices of Dispute have been served, counsel for the claimants and TeamVASH shall confer in good faith to agree on the number (“N”)of bellwether cases that should be filed to test the merits. If counsel cannot agree within 14 days, the administrator (or, in its discretion, a process arbitrator) will set an even number N, taking into account the complexity of the issues and any variations in fact or law.

Each side will then select one-half of N claimants from the pool of Coordinated Cases that have provided compliant Notices of Dispute.Only those selected matters may be filed with VanIAC/BCICAC. All remaining Coordinated Cases are stayed and may not be filed (and no administrative fees shall be due from TeamVASH) until the bellwether arbitrations conclude.

Unless the parties agree otherwise, each bellwether arbitration shall be assigned to a different arbitrator, seated in British Columbia, conducted in English, and governed by the BC Arbitration Act (or, for foreign parties, the VanIAC International Rules). The arbitrator may grant injunctive relief, specific performance, and compensatory damages but may not award punitive or exemplary damages.

Mediation of Remaining Cases. Within 30 days after the final bellwether award issues (or earlier if the parties mutually agree), the parties shall participate in a single, good-faith mediation coveringall remaining Coordinated Cases. Each side will pay one-half of the mediator’s fees. If the parties cannot agree on a mediator within 30 days, the administrator will appoint one.

Exit to Court Litigation. If the mediation does not resolve every Coordinated Case, the arbitration requirement in this Agreementno longer applies to the unresolved claims. Those claims may be filed only in the courts of British Columbia—specifically, the Supreme Court of British Columbia (Vancouver Registry) or, if federal jurisdiction exists, the Federal Court of Canada, Vancouver. Claimants and TeamVASH waive any argument that British Columbia is an inconvenient forum. Any request for class certification is limited to the claimants who served compliant Notices of Dispute in the original Coordinated Cases, and either party may contest class certification at any stage.

The British Columbia courts identified above have authority to enforce this Coordinated Filings clause and may enjoin the filing of arbitration demands or court claims that do not comply with its terms. You consent to the jurisdiction of those courts for that purpose.

Class Action Waiver

To the fullest extent permitted by applicable law, by agreeing to this Agreement, You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You hereby waive any right You may have to participate in any class action, whether in court or before an arbitrator.