DuelForge Terms of Service

Please read these Terms carefully.

By clicking or selecting a button or checkbox indicating acceptance, creating an account, registering for a beta test, downloading or installing DuelForge, making a purchase, or otherwise accessing or using the Services, you confirm that:

1. You have read and understood these Terms;
2. You agree to be bound by these Terms;
3. You have the legal capacity to enter into this agreement; and
4. You agree to our Privacy Policy.

If you do not agree to these Terms, you must not create an account, register for a beta, download, purchase, access, or use the Services.

Certain features, promotions, purchases, competitions, or platforms may be governed by additional terms or official rules. Those additional terms become part of your agreement with us when you use the applicable feature. If additional terms conflict with these Terms, the additional terms will control only with respect to the applicable feature.

You must be at least 13 years old to create a DuelForge account or provide personal information through the Services.

If the law where you live requires you to be older than 13 to consent to online services or the processing of personal information, you may use the Services only with any legally required permission or authorization from a parent or legal guardian.

If you are under the age of legal majority where you live, your parent or legal guardian must review and agree to these Terms on your behalf. Your parent or guardian is responsible, to the extent permitted by law, for:

• Your use of the Services;
• Your compliance with these Terms;
• Purchases made through your account or authorized payment method; and
• Supervising your access to online interactions and purchasing features.

Children under 13 may not create an account, register for a beta, subscribe to communications, make purchases, or otherwise provide personal information through the Services.

We may request age information or take reasonable measures to verify eligibility where required by law, platform policy, or safety considerations.

Our collection, use, disclosure, and protection of personal information is described in the DuelForge Privacy Policy, which is incorporated into these Terms by reference.

The Privacy Policy is not intended to limit any rights you may have under applicable privacy law.

Some Services require a DuelForge account.

When creating or maintaining an account, you agree to:

• Provide accurate, current, and complete information;
• Keep your information reasonably up to date;
• Maintain the confidentiality of your password and authentication credentials;
• Use reasonable safeguards to protect your account;
• Notify us promptly if you suspect unauthorized access or a security breach; and
• Accept responsibility for activity occurring through your account to the extent permitted by law.

You may not:

• Create an account using false or misleading information;
• Impersonate another person or organization;
• Create an account for someone else without authorization;
• Sell, purchase, lease, sublicense, transfer, gift, or commercially share an account;
• Share an account in a manner that compromises security or violates these Terms;
• Create multiple accounts to evade restrictions, manipulate rewards, exploit promotions, or circumvent enforcement;
• Use another person’s account without permission; or
• Allow another person to use your account to engage in prohibited conduct.

Usernames, display names, guild names, and other identifiers may not violate these Terms or the rights of others. We may reject, modify, reclaim, or require you to change an identifier that is misleading, infringing, offensive, inactive, technically necessary to change, or otherwise inappropriate.

You do not own your account or account identifier. Your account is a limited means of accessing the Services.

Subject to these Terms, Mystonic grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services for your own lawful, noncommercial entertainment.

The Services and all digital content made available through them are licensed, not sold.

Except where applicable law expressly permits otherwise, you may not:

• Copy, reproduce, distribute, publicly display, publicly perform, republish, or commercially exploit the Services;
• Modify, translate, adapt, or create derivative works from the Services;
• Reverse engineer, decompile, disassemble, decrypt, or attempt to derive source code;
• Circumvent access controls, encryption, security measures, authentication, or technical restrictions;
• Extract, export, rip, download, or reuse game assets, artwork, music, audio, animations, models, card data, dialogue, software, or other content;
• Operate an unauthorized server, emulator, mirror, proxy, or substitute service;
• Use the Services to provide account boosting, farming, power-leveling, commercial matchmaking, or similar services;
• Rent, lease, lend, sell, sublicense, assign, or transfer access to the Services;
• Use the Services or their contents to create a competing product;
• Use automated systems to collect information from the Services; or
• Use the Services or their content to train, develop, evaluate, or improve an artificial-intelligence or machine-learning system without our prior written authorization.

Nothing in these Terms restricts rights that cannot lawfully be restricted, including any limited rights to reverse engineer software that applicable law expressly makes non-waivable.

DuelForge may be under development when you access the website or register for testing.

Screenshots, artwork, videos, trailers, roadmaps, feature descriptions, release windows, platforms, prices, cards, characters, game rules, rewards, and other prerelease materials are illustrative and may not represent the final product.

Unless we expressly state otherwise in a separate written agreement:

• Announced features are not guaranteed;
• Development plans may change;
• Content may be redesigned, delayed, replaced, or canceled;
• A registration or mailing-list subscription is not a reservation or purchase;
• No particular release date, platform, region, or feature is promised; and
• You should not rely on prerelease information when making a financial or other material decision.

Nothing on the website constitutes an offer to sell an ownership interest, investment, security, or permanent right in DuelForge.

We may offer alpha tests, closed betas, open betas, technical tests, early-access periods, demonstrations, or other prerelease versions of the Services collectively referred to as “Beta Services.”

Registering for a Beta Service does not guarantee selection, access, participation, or continued access.

We may, at our discretion and subject to applicable law:

• Determine eligibility and participant numbers;
• Select or reject applicants;
• Delay, modify, shorten, extend, suspend, or cancel a test;
• Limit access by platform, device, account, territory, age, or technical requirement;
• Revoke or suspend beta access;
• Reset accounts, rankings, inventories, progression, decks, currencies, or other data;
• Remove or change features and content;
• Impose additional testing rules;
• Collect technical information, gameplay data, bug reports, and feedback as described in our Privacy Policy; and
• End support for a Beta Service at any time.

Beta Services may be incomplete and may contain defects, crashes, balancing problems, security vulnerabilities, compatibility issues, unfinished content, and data-loss risks. You should not rely on Beta Services to preserve progress, content, settings, or availability.

Unless we expressly state otherwise:

• Beta progress will not transfer to the released game;
• Beta currency and items have no cash value;
• Beta rewards are not guaranteed to carry over;
• Test accounts and data may be deleted;
• Beta access may not be sold or transferred; and
• Participation does not create employment, partnership, agency, or compensation rights.

Some Beta Services may be confidential. Confidentiality obligations apply only when we clearly identify the test or information as confidential or require a separate nondisclosure agreement.

You may voluntarily provide ideas, suggestions, bug reports, balance recommendations, concepts, designs, comments, or other feedback about the Services (“Feedback”).

You are not required to provide Feedback.

When you provide Feedback, you grant Mystonic a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, distribute, commercialize, and otherwise exploit that Feedback for any lawful purpose without payment, attribution, approval, or restriction.

You represent that you have the right to provide the Feedback and that our use of it will not violate another person’s rights.

Please do not submit ideas or materials that you expect us to keep confidential or for which you expect compensation.

Mystonic and its licensors retain all right, title, and interest in and to the Services and their contents.

This includes, to the extent protected by applicable law:

• The DuelForge name and logos;
• Mystonic names, marks, and logos;
• Website and user-interface designs;
• Characters, character designs, artwork, concept art, cards, card frames, illustrations, icons, and animations;
• Game rules as expressed through protected text, software, audiovisual works, and creative presentation;
• Storylines, lore, dialogue, settings, locations, factions, and fictional terminology;
• Music, sound effects, voice recordings, trailers, videos, and promotional materials;
• Software, source code, object code, databases, algorithms, systems, and technical materials;
• Compilation and arrangement of content;
• Documentation and written materials; and
• Trademarks, service marks, trade dress, copyrights, patents, trade secrets, and other intellectual-property rights.

No rights are granted except the limited license expressly provided in these Terms.

You may not use our names, logos, artwork, characters, or other protected materials in a way that suggests sponsorship, endorsement, affiliation, or authorization without our written permission.

These Terms do not claim ownership of general ideas, game genres, mechanics, or other material that applicable law does not protect.

We may publish a separate fan-content policy permitting limited noncommercial use of certain DuelForge materials.

Unless such a policy is published, any use of DuelForge intellectual property outside the personal license granted by these Terms requires our prior written permission.

We may revoke fan-content permission where content is commercial, misleading, unlawful, defamatory, harmful, sexually explicit, discriminatory, connected to unauthorized merchandise, or otherwise inconsistent with our policies.

You must use the Services lawfully and in a manner that does not harm the Services, Mystonic, other users, or third parties.

You may not engage in or assist with:

Cheating and gameplay manipulation

• Using cheats, hacks, scripts, bots, macros, automation, unauthorized modifications, or prohibited third-party software;
• Exploiting bugs, vulnerabilities, unintended interactions, duplicate-item errors, or economy errors;
• Manipulating matchmaking, rankings, rewards, events, or competitive results;
• Win trading, intentional disconnecting, collusion, account boosting, or match fixing;
• Using multiple accounts to gain an unfair benefit;
• Falsifying device, location, payment, or account information;
• Bypassing gameplay restrictions, regional restrictions, or enforcement measures; or
• Distributing instructions, software, accounts, or services intended to facilitate cheating.

Abuse of systems

• Scraping, crawling, indexing, harvesting, data mining, or bulk downloading;
• Sending spam or automated requests;
• Interfering with servers, networks, databases, or other users;
• Performing denial-of-service attacks or load testing without authorization;
• Uploading malicious code, malware, corrupted files, or harmful inputs;
• Attempting unauthorized access to accounts, systems, administrative functions, or data;
• Testing vulnerabilities without written authorization;
• Evading bans, suspensions, rate limits, or security controls; or
• Fraudulently obtaining beta invitations, promotional benefits, refunds, rewards, or virtual content.

Harmful conduct

• Harassing, threatening, stalking, bullying, or intimidating others;
• Publishing another person’s private information without authorization;
• Impersonating Mystonic, its personnel, moderators, or another user;
• Engaging in hate-based abuse or targeted discrimination;
• Soliciting or exploiting minors;
• Posting illegal, sexually exploitative, or otherwise unlawful content;
• Encouraging self-harm, violence, or criminal activity;
• Defrauding or deceiving users;
• Infringing intellectual-property, privacy, publicity, or other rights; or
• Using the Services for unauthorized advertising, solicitation, or commercial activity.

You must promptly report a serious exploit or vulnerability rather than using it for personal advantage or disclosing it in a way that creates additional harm.

We may use automated and manual systems to detect cheating, fraud, abuse, malicious activity, and violations of these Terms.

To the extent permitted by law, we may:

• Review gameplay and account records;
• Analyze software, device, network, transaction, and behavioral signals;
• Remove improperly obtained items or currency;
• Reverse fraudulent or erroneous transactions;
• Correct rankings, match results, progression, or rewards;
• Restrict particular features;
• Issue warnings;
• Temporarily suspend accounts;
• Permanently terminate accounts;
• Block devices, payment methods, identifiers, or network addresses;
• Disqualify users from events or rewards; and
• Cooperate with platforms, payment providers, rights holders, or law-enforcement authorities.

We are not required to disclose detection methods, evidence that could compromise security, proprietary anti-cheat systems, or information that would endanger another person.

We may make reasonable mistakes when enforcing these Terms. Where we provide an appeal process, you agree to use that process honestly and provide accurate information.

The Services may allow you to submit or share usernames, profiles, deck names, guild information, messages, chat, images, recordings, posts, or other material (“User Content”).

You retain any ownership rights you have in your User Content.

By submitting User Content, you grant Mystonic a non-exclusive, worldwide, transferable, sublicensable, royalty-free license to host, store, reproduce, transmit, adapt, format, translate, display, distribute, moderate, and otherwise use the User Content as reasonably necessary to:

• Operate and provide the Services;
• Display the content to intended recipients;
• Maintain compatibility across devices and platforms;
• Moderate and enforce these Terms;
• Investigate abuse;
• Improve the Services; and
• Promote the Services where the User Content was submitted for a public or promotional purpose.

This license continues for as long as reasonably necessary to operate the Services, comply with law, maintain backups, resolve disputes, or preserve content that other users have independently shared. Public promotional submissions may remain in previously created materials.

You represent that:

• You own or have permission to submit the User Content;
• The User Content does not violate law or another person’s rights;
• The User Content does not contain malicious code; and
• Your submission and our permitted use will not require us to pay another person.

We may review, restrict, remove, preserve, or disclose User Content when reasonably necessary to enforce these Terms, comply with law, protect users, investigate misconduct, or maintain the Services.

We do not guarantee that User Content will be stored indefinitely. You should retain your own copies of important material.

Communications in public or shared portions of the Services may be visible to other users and should not be treated as confidential.

You are responsible for what you disclose. Do not post passwords, payment information, government identifiers, precise location details, or other sensitive information.

We may moderate communications, but we do not guarantee that we will review every message or prevent all objectionable conduct.

The Services may include virtual currency, cards, packs, cosmetics, heroes, equipment, subscriptions, passes, boosts, consumables, digital collectibles, or other virtual content collectively referred to as “Virtual Items.”

Virtual Items are licensed digital content. They are not personal property, legal tender, stored value, securities, financial instruments, or cash equivalents.

Purchasing or receiving a Virtual Item grants you only a limited, personal, revocable, non-transferable, non-sublicensable license to use that Virtual Item within the Services and subject to these Terms.

Unless expressly authorized by Mystonic:

• Virtual Items cannot be redeemed for money;
• Virtual Items cannot be transferred between users;
• Virtual Items cannot be sold, traded, gifted, leased, or exchanged outside approved features;
• Virtual Items cannot be used to pay debts or purchase real-world goods;
• Virtual Items do not earn interest;
• Virtual Items have no guaranteed resale or exchange value; and
• You have no ownership interest in Virtual Items or the underlying game data.

The display of a Virtual Item balance does not establish a trust, deposit, custodial relationship, or property right.

We may reasonably modify, rebalance, rename, replace, limit, suspend, or discontinue Virtual Items or their gameplay attributes as the Services evolve. These changes may affect perceived usefulness, rarity, availability, or competitive value.

We will not remove or alter rights in a manner prohibited by applicable consumer law. Nothing in these Terms eliminates any refund, remedy, or statutory guarantee that cannot lawfully be waived.

DuelForge may offer card packs, summons, draws, chests, banners, or other mechanisms that provide randomized Virtual Items.

Before a purchase involving randomized Virtual Items, we will provide any odds disclosures required by applicable law or platform policy. The applicable odds, pool contents, guarantees, duplicate rules, pity systems, or similar mechanics will be those disclosed in or near the applicable purchase interface at the time of the transaction.

Unless expressly stated:

• A particular item is not guaranteed;
• Results may include duplicate items;
• Items of equal rarity may have different individual probabilities;
• Promotional artwork may depict content not guaranteed by a particular transaction; and
• Past results do not affect future results.

Any guaranteed reward, pity counter, duplicate protection, exchange system, or rate increase applies only as expressly described in the applicable in-game rules.

We will not retroactively change the disclosed outcome of a completed transaction. Future pools, rates, banners, mechanics, and availability may change, subject to applicable law and any notice requirements.

Virtual Items and randomized rewards may not be wagered for money or anything redeemable for money.

Purchases may be processed through third-party platforms or payment providers, including the Apple App Store, Google Play, PayPal, Alipay, WeChat Pay, or another provider identified at checkout.

You agree to:

• Provide accurate payment information;
• Use only a payment method you are authorized to use;
• Pay all disclosed prices, taxes, and fees;
• Review the product description before confirming a transaction; and
• Comply with the terms of the applicable payment provider or app store.

Prices, bundles, currencies, and availability may vary by country, platform, account, tax status, promotional eligibility, or exchange-rate treatment.

A reference to “buy,” “purchase,” “own,” or similar language in a user interface means that you are purchasing a limited license to access the applicable digital content, not unrestricted ownership of the software or Virtual Item.

The person controlling the payment method is responsible for protecting platform passwords, device controls, biometric approvals, purchase PINs, and parental-control settings.

Do not allow another person to make purchases through your payment method without permission.

Where a minor is permitted to use the Services, the parent or guardian should configure available purchase controls and supervise transactions.

We may require additional verification for unusual, high-risk, disputed, or potentially unauthorized purchases.

Except where required by law or expressly stated in a written refund policy, purchases of immediately delivered digital content are final once the content has been supplied or consumed.

Purchases processed by an app store or third-party payment provider may be subject to that provider’s refund rules. Requests for refunds may need to be submitted directly to the provider that processed the payment.

Nothing in these Terms limits a refund, cancellation right, statutory guarantee, or remedy that cannot legally be waived.

You must not initiate a chargeback or payment dispute for a transaction you knowingly authorized merely to retain both the purchased content and the refunded payment.

We will not penalize you merely for submitting a good-faith dispute concerning an unauthorized or incorrect charge. However, while a transaction is reversed, disputed, or under investigation, we may:

• Remove or suspend access to the associated Virtual Items;
• Restore the account to its position before the transaction;
• Correct a negative or improper currency balance;
• Request additional information; or
• Restrict transactions where reasonably necessary to prevent fraud.

Fraudulent refunds, repeated chargeback abuse, or knowingly false payment disputes may result in account restrictions or termination.

If the Services offer recurring subscriptions, the price, billing frequency, renewal terms, included benefits, and cancellation method will be disclosed before purchase.

A subscription may renew automatically until canceled where permitted by law and as disclosed at checkout.

Subscriptions purchased through an app store generally must be managed or canceled through that platform’s account settings.

Cancellation normally stops future renewal and does not retroactively refund the current billing period unless required by law or stated otherwise.

Subscription benefits may change for future billing periods with legally required notice. Material changes will not be applied in a manner prohibited by law.

Sweepstakes, contests, tournaments, referral programs, giveaways, and promotional events may be governed by separate official rules.

Participation is subject to eligibility, territory, age, timing, and other restrictions stated in those rules.

We may disqualify entries obtained through fraud, bots, multiple accounts, manipulation, collusion, or other prohibited conduct.

DuelForge is expected to evolve over time.

To the extent permitted by law, we may:

• Add, remove, modify, rebalance, or replace game content;
• Change cards, effects, statistics, rules, modes, rewards, progression, economies, or matchmaking;
• Perform scheduled or emergency maintenance;
• Limit features by device, platform, region, or account;
• Correct errors;
• Reset or roll back data where reasonably necessary;
• Suspend features for safety, security, or legal reasons; or
• Discontinue part or all of the Services.

We do not guarantee that:

• The Services will always be available;
• Any particular feature or item will remain available;
• The Services will work on every device or operating system;
• Progress or rankings will be preserved indefinitely;
• Every error will be corrected;
• Players will always be matched with opponents of equal skill; or
• Online servers will operate permanently.

When reasonably practicable, we may provide advance notice of material service discontinuation. No provision requires us to operate the Services indefinitely.

Mandatory consumer rights remain unaffected.

We may provide patches, updates, hotfixes, or new versions that are necessary for security, compatibility, balance, or continued access.

You may be required to install an update to continue using the Services.

You are responsible for compatible equipment, operating systems, internet access, data charges, and third-party services needed to use DuelForge.

The Services may interact with or link to third-party websites, stores, social networks, payment providers, identity providers, advertisements, communities, or other services.

Those services are controlled by third parties and may have separate terms and privacy policies.

Mystonic is not responsible for third-party services, content, availability, security, or practices, except to the extent responsibility cannot lawfully be excluded.

A link or integration does not necessarily mean that we endorse the third party.

We respect the intellectual-property rights of others.

A notice concerning allegedly infringing material should include:

1. Identification of the copyrighted or protected work;
2. Identification and location of the allegedly infringing material;
3. Your name and contact information;
4. A statement that you have a good-faith belief that the use is unauthorized;
5. A statement, made under penalty of perjury where applicable, that the notice is accurate and that you are authorized to act for the rights holder; and
6. Your physical or electronic signature.

Notices may be submitted through the DuelForge Contact page or sent to the address in Section 40.

We may remove content, restrict access, or terminate repeat infringers where appropriate.

Knowingly submitting a false infringement notice may result in liability.

You may stop using the Services at any time. Account-deletion options are described in the Privacy Policy or applicable account settings.

We may restrict, suspend, or terminate your access when reasonably necessary because:

• You violated these Terms;
• Your account presents a security, fraud, payment, or legal risk;
• Your conduct harms users, Mystonic, or third parties;
• We are required to do so by law, court order, platform requirement, or governmental request;
• Your account has been inactive for an extended period after any required notice;
• Continued access would compromise the Services; or
• The applicable Service is discontinued.

Serious violations may result in immediate action without advance notice. For other matters, we may provide warning or an opportunity to correct the issue where appropriate.

Upon termination:

• Your license to use the Services ends;
• You must stop accessing the terminated Services;
• You may lose access to accounts, progress, and Virtual Items;
• Virtual Items remain nonredeemable and nontransferable; and
• Provisions that by their nature should survive will remain effective.

Termination does not eliminate any refund or consumer remedy required by law.

DuelForge, Mystonic, related logos, character names, product names, and other source identifiers may be trademarks or service marks of Mystonic.

You may not register or use confusingly similar trademarks, business names, account names, domains, applications, social-media identifiers, or branding.

All rights not expressly granted are reserved.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

Mystonic disclaims all warranties and conditions, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, quiet enjoyment, accuracy, and uninterrupted availability.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free;
• Defects will be corrected;
• Data will never be lost;
• Information will always be accurate or current;
• The Services will meet your expectations;
• A particular item, card, character, feature, or reward will remain unchanged;
• Beta Services will be stable or complete; or
• Third-party platforms will remain available.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, these exclusions apply only to the extent permitted by law.

Nothing in these Terms excludes statutory warranties, guarantees, or rights that cannot be excluded.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYSTONIC AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

This includes damages arising from:

• Loss of profits, revenue, goodwill, opportunities, or anticipated savings;
• Loss of data, progress, rankings, decks, Virtual Items, or account access;
• Service interruption;
• Device or software problems;
• Unauthorized account activity;
• Third-party conduct;
• Reliance on prerelease information; or
• Inability to access or use the Services.

To the maximum extent permitted by law, the total aggregate liability of Mystonic for all claims arising from or relating to the Services or these Terms will not exceed the greater of:

1. The amount you paid directly to Mystonic for the Services during the 12 months immediately before the event giving rise to the claim; or
2. One hundred U.S. dollars (US $100).

These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose.

The limitations do not apply to liability that cannot lawfully be limited, which may include liability for fraud, willful misconduct, certain personal injuries, or violation of mandatory consumer rights.

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Mystonic and its members, managers, employees, contractors, licensors, and service providers from third-party claims, liabilities, damages, judgments, losses, and reasonable legal expenses arising from:

• Your unlawful use of the Services;
• Your material violation of these Terms;
• Your User Content;
• Your infringement or violation of another person’s rights; or
• Fraudulent or intentionally harmful conduct through your account.

You are not required to indemnify a party for that party’s own negligence, willful misconduct, or violation of law.

We may control the defense of an indemnified claim, and you agree to reasonably cooperate. We will not settle a claim in a manner that imposes an admission or nonmonetary obligation on you without your consent, which will not be unreasonably withheld.

31.1Informal resolution

Before starting arbitration or litigation, the complaining party must send the other party an individual written notice describing:

• The party’s name and contact information;
• The associated DuelForge account or email address;
• The factual basis of the dispute;
• The specific relief requested; and
• A good-faith calculation of any monetary demand.

Notices to Mystonic must be sent through the Contact page with the subject “Legal Dispute Notice” or mailed to the address in Section 40.

The parties will attempt in good faith to resolve the dispute for at least 60 days after receipt of a complete notice. Applicable limitation periods will be suspended during this 60-day period where permitted by law.

31.2Binding individual arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO GO TO COURT AND HAVE A JURY DECIDE A DISPUTE.

Except for the exceptions below, any dispute, claim, or controversy arising from or relating to these Terms, the Services, or the relationship between you and Mystonic will be resolved through binding individual arbitration rather than in court.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules, as modified by these Terms.

The arbitrator may award any relief that would be available to the individual claimant in court, but only to the extent necessary to resolve that claimant’s individual dispute.

The arbitration may be conducted through written submissions, telephone, video conference, or an in-person hearing, as permitted by the applicable rules and chosen consistent with fairness and proportionality.

31.3Exceptions

Either party may:

• Bring an eligible individual claim in small-claims court;
• Seek temporary or preliminary injunctive relief to prevent actual or threatened infringement, unauthorized access, misuse of intellectual property, or harm to system security; or
• Bring a claim that applicable law does not permit to be arbitrated.

31.4Class-action and jury-trial waiver

YOU AND MYSTONIC AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE PROCEEDING.

Unless both parties agree, an arbitrator may not combine the claims of different people or preside over a class, collective, coordinated, or representative proceeding.

YOU AND MYSTONIC EACH WAIVE THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

31.5Arbitration fees

Payment of filing, administration, and arbitrator fees will be governed by the applicable AAA Consumer Arbitration Rules.

Mystonic will pay fees that applicable rules or law require it to pay. The arbitrator may allocate fees or expenses where authorized because a claim was filed in bad faith or for an improper purpose.

31.6Opting out of arbitration

You may opt out of the arbitration agreement by sending a notice within 30 days after the date you first accept these Terms.

The notice must include:

• Your full name;
• The email address associated with your DuelForge account;
• A statement that you are opting out of the arbitration agreement in the DuelForge Terms of Service; and
• The date of your notice.

You may submit the notice through the Contact page with the subject “Arbitration Opt-Out” or mail it to the address in Section 40.

Opting out of arbitration will not affect the other provisions of these Terms or your access to the Services.

31.7Severability of arbitration provisions

If the class-action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will proceed in court after any arbitrable individual claims have been resolved, unless applicable law requires otherwise.

If the arbitration agreement is found wholly unenforceable, Section 32 will govern the dispute.

Except as provided in the arbitration section, these Terms are governed by the laws of the State of New Mexico and applicable federal law, without regard to conflict-of-law principles.

For a dispute not subject to arbitration, you and Mystonic consent to the exclusive jurisdiction of the state and federal courts located in or having jurisdiction over Bernalillo County, New Mexico, unless applicable law gives you a mandatory right to bring a claim elsewhere.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If you are a consumer outside the United States, you may have mandatory rights under the laws of your country or region.

Nothing in these Terms is intended to:

• Waive a statutory warranty or guarantee that cannot be waived;
• Prevent you from bringing a dispute in a court or forum that applicable consumer law requires to remain available;
• Restrict a mandatory cancellation, refund, repair, replacement, or conformity remedy;
• Shift a burden of proof where doing so is prohibited; or
• Apply a choice of law that deprives you of non-waivable local protections.

The arbitration requirements in Section 31 apply to United States residents unless applicable law requires otherwise.

You may not access, download, export, reexport, or use the Services in violation of applicable export-control, sanctions, or trade laws.

You represent that you are not located in, ordinarily resident in, or controlled by a comprehensively sanctioned territory, and that you are not listed on a governmental restricted-party list, except where applicable law permits access despite such restrictions.

You may not use the Services for prohibited end uses.

We may update these Terms to reflect changes to:

• The Services;
• Business practices;
• Platform requirements;
• Security needs;
• Payment features;
• Consumer protections; or
• Applicable law.

When we update the Terms, we will revise the “Last Updated” date.

For material changes, we may provide additional notice through the website, game, account notification, or email where appropriate.

Changes will apply prospectively from their stated effective date. Where applicable law requires consent, we will request it.

Your continued use after the effective date of updated Terms constitutes acceptance where permitted by law. If you do not agree to updated Terms, you must stop using the Services.

A material change to the arbitration provision will not eliminate a valid prior opt-out and will not apply retroactively to a dispute of which Mystonic had actual notice before the change.

You consent to receive agreements, disclosures, notices, receipts, and other communications electronically, including through the website, application, account interface, or email.

Electronic communications satisfy legal requirements that a communication be in writing, to the extent permitted by law.

You are responsible for maintaining an email address capable of receiving account communications.

You may not assign or transfer these Terms or your rights under them without our prior written permission.

We may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, transfer of the Services, or similar transaction.

Any assignment remains subject to applicable law and does not eliminate mandatory consumer rights.

Entire agreement

These Terms, the Privacy Policy, and any applicable additional terms constitute the entire agreement between you and Mystonic regarding the Services.

No waiver

A failure to enforce a provision is not a waiver of that provision or the right to enforce it later.

Severability

If a provision is found invalid or unenforceable, it will be enforced to the maximum lawful extent, and the remaining provisions will remain effective.

No third-party beneficiaries

Except for Apple as stated in Section 39, these Terms do not create rights for third parties.

No agency

These Terms do not create an employment, partnership, franchise, fiduciary, joint venture, or agency relationship.

Headings

Headings are provided for convenience and do not limit the meaning of a provision.

Force majeure

Mystonic is not responsible for a delay or failure caused by events outside its reasonable control, including natural disasters, war, terrorism, civil disorder, labor disruption, governmental action, internet or utility failure, cloud-provider failure, cyberattack, epidemic, or platform outage.

Survival

Sections concerning ownership, Feedback, Virtual Items, enforcement, disclaimers, liability, indemnification, disputes, and other provisions that by their nature should survive will remain effective after termination.

This section applies when you obtain or use DuelForge through Apple’s App Store.

1. These Terms are between you and Mystonic, not Apple. Mystonic, not Apple, is responsible for DuelForge and its content.
2. Your license is limited to use of DuelForge on Apple-branded products that you own or control and as permitted by the Apple Media Services Terms and any applicable family-sharing or volume-purchasing rules.
3. Apple has no obligation to provide maintenance or support for DuelForge.
4. If DuelForge fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price paid for the application, if any. To the maximum extent permitted by law, Apple has no other warranty obligation concerning DuelForge.
5. Mystonic, not Apple, is responsible for addressing claims relating to DuelForge, including product-liability, regulatory, and consumer-protection claims.
6. Mystonic, not Apple, is responsible for investigating, defending, settling, and discharging third-party intellectual-property claims relating to DuelForge.
7. You represent that you are not located in a country subject to a United States government embargo and are not listed on a United States government prohibited- or restricted-party list, except to the extent applicable law provides otherwise.
8. You must comply with applicable third-party terms when using DuelForge.
9. Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it against you after you accept these Terms.

Questions, legal notices, and other communications concerning these Terms may be submitted through email at legal@duelforge.com or through the Contact page on the DuelForge website.

You may also contact us by mail at:

For faster routing, include the subject or heading “Terms of Service Inquiry.”

Do not send passwords, complete payment-card information, government identification numbers, or unnecessary sensitive personal information through the Contact page.