Terms of Service

1. Agreement to these terms

These Terms of Service (the “Terms”) apply to the mobile game Quintessence: Elemental Duel, its online features and updates (together, the “Game”), provided by Artificial Platforms Inc., 8 The Green, Ste R, Dover, DE 19901, USA (“we”, “us”, “our”).

By downloading, installing or playing the Game, you agree to these Terms and confirm that you have read our Privacy Policy. If you do not agree, do not use the Game.

2. Who can play

You must be at least 13 years old to play. If you are under the age of majority where you live (or, in the EEA and UK, under the local age of digital consent), you may play only with the permission of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the Game.

You may not use the Game if you are barred from doing so under the laws that apply to you, including the sanctions and export rules described in section 12.

3. Your account

You sign in with Google Play Games (Android), Apple Game Center (iOS) or as a Guest. Your display name comes from your platform profile, or is generated for Guests. Your use of Google’s and Apple’s sign-in services is also governed by their terms.

• You are responsible for activity on your account and for keeping your device and platform account secure.
• A Guest account exists only on your device. If you sign out, uninstall the Game or lose the device, the Guest account and its progress cannot be recovered.
• Your account is personal to you. You may not sell, transfer or share it, and it gives you no ownership of any part of the Game.

4. Your licence to play

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and play the Game on devices you own or control, for your own non-commercial entertainment.

You may not, and may not help anyone else to:

• copy, modify, translate or create derivative works of the Game, except as the law expressly allows;
• reverse engineer, decompile, disassemble or try to extract the source code of the Game, except to the extent the law permits this despite this restriction;
• rent, lease, sell, sublicense or commercially exploit the Game or any part of it;
• remove or alter any copyright, trademark or other notices;
• use the Game in any way that breaks the law or these Terms.

The Game is licensed, not sold. We and our licensors keep all rights not expressly granted to you.

5. Fair play and conduct

The duel only means something if it is fair. In the Atelier, power must be proven, not spent. When you play, you agree not to:

• cheat, or use bots, scripts, automation, modified clients or any unauthorised software in online matches;
• exploit bugs or glitches to gain an advantage, rather than reporting them to us;
• interfere with, disrupt or overload the Game, its servers or networks, or other players’ connections;
• deliberately disconnect, collude with an opponent or manipulate match outcomes;
• harass, threaten, impersonate or abuse other players, or use a display name that is offensive, hateful or misleading;
• try to access accounts, data or systems that are not yours.

If we reasonably believe you have broken these rules, we may warn you, remove you from online play, or suspend or close your account, as set out in section 14.

6. Online play

Online matches are hosted on a player’s device and connected through third-party services. They depend on your internet connection, your opponent’s connection and those services. We do not guarantee that online play will always be available, that you will find an opponent, or that a match will not disconnect. We may change, limit or end online features, including for maintenance or security.

7. Advertising and purchases

The Game currently has no in-app purchases and no advertising. We plan to introduce advertising. If we do, ads may be shown in the Game and will be handled as described in our Privacy Policy, including asking for your consent where the law requires it. If we ever introduce purchases, we will tell you the price and any additional terms before you buy, and purchases will be processed by Apple or Google under their terms.

8. Updates and changes to the Game

We may update the Game to fix problems, improve balance, add or remove content, or meet legal requirements. Some updates may be needed to keep playing, especially online. We may also stop offering the Game; if we do, we will give reasonable notice where we can.

9. Intellectual property

The Game and everything in it, including its code, characters, artwork, cards, music, sound, text, names and logos, belong to us or our licensors and are protected by copyright, trademark and other laws. “Quintessence” and the Quintessence logo are our trademarks. Apart from the licence in section 4, these Terms give you no rights in them.

10. Feedback

We welcome ideas and suggestions. If you send us feedback, you allow us to use it freely, without any obligation to you, to improve the Game or our other products. Please do not send us anything you consider confidential.

11. Third-party services

The Game relies on third-party services, including Google Play Games, Apple Game Center and Unity Gaming Services. Your use of third-party services may be subject to their own terms and privacy policies, and we are not responsible for them. You are responsible for any data or network charges from your mobile or internet provider.

12. Apple App Store and Google Play

If you downloaded the Game from the Apple App Store

You and we acknowledge and agree that:

• Acknowledgement. These Terms are between you and Artificial Platforms Inc. only, not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the Game and its content.
• Scope of licence. Your licence to use the Game is limited to a non-transferable licence to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the Game may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
• Maintenance and support. We are solely responsible for providing any maintenance and support for the Game. Apple has no obligation whatsoever to furnish any maintenance or support services for the Game.
• Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the Game fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, of the Game to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to a warranty are our sole responsibility.
• Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the Game or your possession and use of it, including (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.
• Intellectual property claims. If a third party claims that the Game or your possession and use of it infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
• Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Contact. Questions, complaints or claims about the Game should be directed to us at the address in section 22.
• Third-party terms. You must comply with applicable third-party terms of agreement when using the Game, such as your wireless data service agreement.
• Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

If you downloaded the Game from Google Play

Your use of Google Play is governed by the Google Play Terms of Service, which also apply to your download of the Game. Google is not responsible for the Game or for any support related to it.

Export and sanctions

You agree to comply with all applicable export control and economic sanctions laws, including those of the United States, when you download and use the Game.

13. Privacy

Our Privacy Policy explains what information we collect and how we use it. It is part of how we provide the Game, but it is a notice to you rather than a contract term.

14. Termination and account deletion

You can stop playing at any time. You can delete your account in the Game under Settings, Delete Account, which permanently deletes your saved data and your account, or by emailing us.

We may suspend or terminate your access to online play or to your account if you seriously or repeatedly break these Terms, if we must do so to comply with the law, or to protect other players or the Game. Where reasonable, we will tell you why and give you a chance to respond. If you are a consumer in the EEA or UK, we will act proportionately and in line with your statutory rights.

When these Terms end, your licence ends and you must stop using the Game. Sections that by their nature should survive, including sections 9, 10 and 15 to 21, continue to apply.

15. Disclaimers

To the fullest extent permitted by law, the Game is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Game will be uninterrupted, error-free or free of harmful components, or that online play will always be available.

Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. Nothing in this section affects warranties or rights that cannot be excluded under the law that applies to you.

16. Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or relating to the Game or these Terms, even if we were told such damages were possible. Our total liability for all claims relating to the Game or these Terms is limited to the greater of (a) the amount you paid us for the Game in the twelve months before the claim, and (b) one hundred US dollars (USD 100).

These limits do not apply to liability that cannot be limited or excluded by law, such as liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or, where the law so provides, for gross negligence or wilful misconduct. If you are a consumer in the EEA or UK, see also section 19.

17. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Artificial Platforms Inc. and its officers, employees and agents from claims, losses and reasonable costs (including legal fees) brought by third parties that arise from your breach of these Terms or your misuse of the Game. This section does not apply to consumers in jurisdictions where such indemnities are not enforceable against consumers.

18. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws rules. Subject to the next paragraph, any dispute arising out of or relating to these Terms or the Game will be brought exclusively in the state or federal courts located in Delaware, and you and we consent to their jurisdiction.

If you are a consumer, this choice of law does not deprive you of the protection of the mandatory laws of the country where you live, and you may bring proceedings in the courts of that country. Before starting any formal dispute, please contact us so we can try to resolve it informally.

19. Consumers in the EU and UK

If you live in the EEA or the UK, you have statutory rights as a consumer, including the right to digital content that conforms to the contract. Nothing in these Terms limits or excludes those rights. We are liable for foreseeable loss or damage caused by our breach of these Terms or our failure to use reasonable care and skill; we are not liable for loss or damage that was not foreseeable. The European Commission’s online dispute resolution platform has been discontinued; you can contact us directly or your local consumer authority.

20. Changes to these terms

We may update these Terms, for example when we add features such as advertising, or to reflect changes in law. The date at the top shows when they last changed. If a change is material, we will tell you in the Game or on the Website in advance. If you keep playing after the change takes effect, the updated Terms apply; if you do not agree, you can stop playing and delete your account.

21. General

• Entire agreement. These Terms, together with any terms we show you for specific features, are the entire agreement between you and us about the Game.
• Severability. If any part of these Terms is found unenforceable, the rest remains in effect.
• No waiver. If we do not enforce a right immediately, we can still enforce it later.
• Assignment. You may not transfer your rights under these Terms. We may transfer ours to a company that takes over the Game, provided your rights are not reduced.
• Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control.
• Language. These Terms are written in English. Any translation is for convenience only.

22. Contact