WARDOGS EULA

1. Early Access Games

   1. This Paragraph 12 does not apply to WARDOGS. WARDOGS is not made available as an Early Access Game.[MP1] 

   2. Some of our Games may be made available in an early access, preview, or similar pre-release state before their full commercial release (an “Early Access Game”). An Early Access Game is a version of a Game that is still in development: it may be incomplete, may contain bugs, errors, or unfinished content, and is subject to change, sometimes substantially, during the early access period and before or upon full release.

   3. By accessing or playing an Early Access Game, you accept that:

      1. the Early Access Game may be unstable, may not function correctly on all hardware or software configurations, and may be subject to interruption, rollback, or significant changes to features, content, gameplay, or technical requirements, sometimes without prior notice;

      2. the Game may not proceed to full release, or may be discontinued during the early access period, for reasons within or outside our control;

      3. UGC and Virtual Items provided to you or created by you as part of the Early Access Game are intended to remain available upon full launch of an Early Access Game, however, this cannot be guaranteed for the reasons set out at Paragraphs 12.2(a) and (b), and such content may be subject to reset, removal or deletion by us at any time without prior notice;

      4. descriptions of planned features, content, or functionality in Early Access Games reflect our current intentions, but we do not guarantee that any specific feature or content will be included in the full release of the Game; and

      5. the quality and performance of an Early Access Game should be understood as representative of an unfinished product and not the finished Game.

   4. Access to Early Access Games is purchased through, and subject to the terms and conditions of, the relevant Platform or Webstore Provider. Any refund and cancellation rights in respect of your purchase are governed by the Platform or Webstore Provider’s own terms and policies. If an Early Access Game does not proceed to full release, you should contact the relevant Platform or Webstore Provider in the first instance regarding any refund.

2. Virtual Items

   1. This Paragraph 13 does not apply to WARDOGS. WARDOGS does not include virtual currency or virtual in-game items, and nothing in a Game may be purchased with real money other than the Game itself.

   2. Some of our Games allow players to obtain or purchase virtual currency (such as credits, coins, gems, and other in-game tokens) and/or virtual in-game items (such as vehicles, characters, cosmetics, or other digital content) (together, “Virtual Items”).

   3. You acknowledge and agree that:

      1. Virtual Items have no monetary or financial value and do not constitute real-world currency. They cannot be exchanged, redeemed, or otherwise converted into real-world money, and have no value outside the relevant Game;

      2. when you obtain Virtual Items, you obtain a limited licence to access and use those Virtual Items within the relevant Game only, subject to these Terms, which may be revoked by us in accordance with these Terms;

      3. you have no ownership or other property interest in any Virtual Items, regardless of how you obtained them;

      4. Virtual Items may not be sold, gifted, transferred, or otherwise made available to any other person, except to the extent expressly enabled by the relevant Game’s features;

      5. we may at any time, without notice and without liability to you (to the extent permitted by applicable law), modify, discontinue, or remove any Virtual Items (save that any purchases previously made by you with real money shall not be affected); and

      6. if your account is terminated or suspended as a result of your serious breach of these Terms, or if we cease to offer a Game in accordance with Paragraph 16, you may lose access to Virtual Items that you have previously acquired and we are not obliged to compensate you for any such loss, unless required by applicable law.

   4. All purchases of Virtual Items are made through, and governed by, the terms and conditions of the relevant Platform or Webstore Provider through which you make the purchase. We are not the merchant of record for those purchases, and your refund, cancellation, and withdrawal rights in respect of any such purchase are governed by the Platform or Webstore Provider's own terms and policies unless otherwise specified.

3. Anti-Cheat policy

Cheating and prohibited conduct

1. "Cheating" includes any behaviour that alters gameplay, circumvents game mechanics, or that creates an unfair advantage over other players, including (without limitation):

   1. the unauthorised use of mods, aimbots, wallhacks, speed hacks, or other software-based exploits;

   2. the use of macros, automation scripts, botting, or other tools that simulate or replace human input;

   3. the use of unauthorised hardware devices or modified peripherals or accessories designed to manipulate gameplay;

   4. the deliberate exploitation of bugs, glitches, design errors, or undocumented features within a Game;

   5. collusion, win trading, stat padding, match manipulation, or cooperating with other players in ways not intended by the Game’s design;

   6. boosting, account sharing, or multi-accounting to gain a competitive advantage;

   7. the purchase, sale, or exchange of in-game advantages, accounts, ranks, or progression for real-world value, except where expressly permitted by the relevant Game’s features; and

   8. any other conduct that we determine, in our sole discretion, to constitute cheating.

2. Cheating is strictly prohibited and constitutes a serious breach of these Terms.  Where Cheating or other prohibited conduct is detected, we or our anti-cheat software provider(s) may apply enforcement measures including a temporary suspension from online play or a permanent ban from the relevant Game or Services, in accordance with Paragraph 17 of these Terms.

Reporting Cheating

1. We encourage all players to report suspected Cheating or other behaviour that breaches these Terms. If you encounter or suspect Cheating or other prohibited conduct, please report it to us using the contact details provided in Paragraph 2 or through the in-game reporting mechanism in the relevant Game, if available.

Use of Anti-Cheat Software

1. We have engaged Easy Anti-Cheat ("We have engaged specialist third-party providers to provide anti-cheat software in certain Games. For WARDOGS, those providers are Anybrain, S.A. and Zero IT Lab.EAC") to provide anti-cheat software in certain  Games. We also utilise additional proprietary and third-party tools and technologies, which may include (without limitation) behavioural analysis and backend monitoring systems, to detect, prevent, and take action against Cheating across our Games. We refer to these, along with EAC, as the "We refer to these, together with the providers named above, as the "Anti-Cheat Software".  The Anti-Cheat Software that we employ is not limited to any single tool or provider, and we may change, supplement, or replace any of our anti-cheat tools and technologies at any time.[MP2] 

2. We use Anti-Cheat Software to protect the integrity of gameplay and to ensure a fair experience for all players.  Anti-Cheat Software is operated on our behalf by specialist third-party providers (including EAC)(including those named in Paragraph 14.4) acting as data processors for the purposes of enforcing these Terms, and is designed to analyse data generated during your game session to detect, evaluate and prevent activity that is indicative of Cheating.

3. The Anti-Cheat Software that we use runs locally on your device and may operate at a low level of your device's operating system in order to be effective. 

Consent and withdrawal

1. By installing and playing any Game in which Anti-Cheat Software is used, you consent to the installation and operation of that software on your device in accordance with this paragraph and our Privacy Notice.you authorise the installation and operation of that software on your device in accordance with this paragraph and our Privacy Notice, and you accept that you cannot play that Game online without it.

2. You may withdraw your consent to the installation and operation of the Anti-Cheat Software at any time by uninstalling all Games that use the Anti-Cheat Software.  At the point when all such games are uninstalled, the Anti-Cheat Software will automatically be removed from your device or disabled, where technically feasible. 

3. The Anti-Cheat Software is removed from your device, or disabled, when you uninstall all of the Games that use it, where that is technically feasible. You cannot play a Game online with the Anti-Cheat Software disabled or prevented from running.

Data retention

1. Data collected by the Anti-Cheat Software is retained by us for as long as is necessary for the detection of suspected violations, investigation of suspected violations, enforcement actions, dispute resolution or in connection with any of the purposes of the Anti-Cheat Software deployment described above. After the applicable retention period, data is securely deleted or irreversibly anonymised.

2. Further information regarding how we process your personal data in connection with anti-cheat measures is set out in our Privacy Notice.

Appeals

1. If you believe that any enforcement action has been taken against you in error, you may contact us using the details provided at Paragraph 2 of these Terms.  You may alternatively submit an appeal directly to Easy Anti-Cheat using this web address: https://www.easy.ac/support/contact/appeal.For WARDOGS, appeals against a permanent account ban are made by emailing appeal@bulkhead.com, and are reviewed by a member of the Bulkhead Limited team rather than by an automated system. If there is good reason to believe that the action taken was not sufficiently justified, your access will be restored. The WARDOGS Security and Enforcement Policy explains which actions can be appealed and how long a review takes.[MP3] 

1. Our right to modify or suspend the Services

   1. We may modify, temporarily cease to support or temporarily cease to offer the Services from time to time to:

      1. reflect changes in law or regulations;

      2. comply with the requirements of the Platforms through which you purchase or access our Games;

      3. make minor technical adjustments and improvements; and/or

      4. update our Services.

   2. From time to time, we may also require you to install patches, updates or additional content in relation to the Services in order for you to continue accessing the Services, for example, in order to enhance gameplay, to add new features or to resolve bugs. We may also perform these updates remotely, including by modifying software installed on your device. 

   3. We will provide reasonable notice of significant updates or changes to the Services, or any planned suspension of the Services, through appropriate means.  For minor updates, technical adjustments, and critical bug fixes, you agree that we are not required to provide advance notice to you.

2. Our right to withdraw support for our Games or Live Services

   1. Some of our Games may include live services, such as online multiplayer modes, matchmaking, leaderboards, live events, or persistent online worlds ("Live Services"). We also publish and support other Games that do not depend on Live Services, but which may require regular updates and patches, and/or a connection to our servers, even if they are primarily single-player. We may, at any time when we consider it necessary to do so, cease or withdraw Live Services for a Game, cease supporting a Game that relies on updates, patches and/or server connectivity, or discontinue support for any other Game.

   2. Circumstances in which we (in our sole discretion) may consider it necessary to cease or withdraw support for a Game or Live Services include, without limitation:

      1. where the Game or Live Services no longer attract sufficient active players to make continued operation economically sustainable;

      2. where the cost of maintaining the infrastructure, licences, or third-party services required to operate the Game or Live Services has become disproportionate to the revenue generated;

      3. where a third-party platform, technology provider, or licensor withdraws support, access, or consent required for us to provide the Game or Live Services;

      4. where we are required to do so by applicable law or regulatory obligation, or where a change in law or regulation causes our support for a Game or Live Services to no longer be sustainable; and

      5. where continuing to operate the Game or Live Services would expose us or our players to security, economic, safety, or legal risk.

   3. Where we decide to cease or withdraw Live Services for a Game or to cease supporting a Game entirely, we will try to give you as much notice as we reasonably can in the circumstances. We will give sixty (60) days' advance notice if it is within our reasonable control to do so. Otherwise, we will notify you as soon as reasonably practicable.

   4. We will give notice of the discontinuation of a Game or Live Services by one or more of the following means:

      1. a notice posted within the Game;

      2. a notice on our website or social media channels; or

      3. where reasonably possible, a notice within the Platform through which you access the Game.

3. Our right to suspend or terminate your access to the Services

   1. We, or third-party vendors who we have engaged to provide monitoring and other support services, may suspend or terminate your access to the Services if we (or they) reasonably believe that you have breached any of these Terms.

   2. If your access to the Services is suspended:

      1. we will use reasonable endeavours to notify you;

      2. you will not be able to access the Services during the period of suspension, the duration of which will depend on the severity of the violation, or on the time we (or the relevant third-party vendor) need to investigate the relevant circumstances; and

      3. depending on the outcome of our investigation, you may be permanently banned from accessing the Services.

   3. The action we may take under this Paragraph 17 includes barring you from a particular server, limiting or suspending your access to the Services, permanently banning your account, and banning the device you played on. Because our games may use the same account system, a permanent account ban may also apply to other games operated by Bulkhead Limited. For WARDOGS, the Security and Enforcement Policy at wardogs.com/enforcement sets out those actions in more detail and when we use each of them.[MP4] 

   4. If you have breached any of these Terms, we can terminate the licence granted to you under these Terms immediately at any time.  If we do this, we will give you notice that we are terminating your licence with immediate effect.

   5. We can also terminate the licence granted to you under these Terms immediately at any time for technical or operational reasons beyond our reasonable control, including in accordance with Paragraph 16 above. If we do this, we will give you as much notice as reasonably possible.

   6. If we terminate your licence, you must immediately stop all activities authorised by these Terms, including your access to the Services.

   7. You may end these Terms at any time by uninstalling the Games and removing them from your Platform account.

4. Software requirements and limited warranty

   1. In order to access the Services, the device that you use may need to meet certain minimum hardware and software requirements. Some Services can only be accessed on certain hardware and software platforms. You may also require an internet connection with minimum upload and download speeds to access the Services and/or to install mandatory updates. 

   2. We will use reasonable endeavours to notify you of the relevant minimum requirements before you access our Services, but these are subject to change from time to time. If the device you are using does not meet the minimum requirements to access the Services, we cannot accept any responsibility if the Services do not operate properly or if they cause any damage to your device.

   3. We will use reasonable endeavours to make the Services available to you, but we cannot guarantee that the Services will be available on an uninterrupted basis.  Your access to the Services may be disrupted to allow for appropriate maintenance, repairs, upgrades and the introduction of new functionality.  At times, unscheduled downtime may be necessary, including for security purposes.  Further, owing to the inherent nature of the internet and related technologies, including the necessary use of Platforms to access our Games, errors, interruptions and delays may occur in the Services from time to time. We will use reasonable endeavours to limit the frequency and duration of downtime, to the extent within our reasonable control.

   4. We do not guarantee that the Services will be free from errors, bugs or viruses. We also do not guarantee that the information provided in the Services is accurate or complete.  As with all software and services accessed through an electronic device, we recommend that you use anti-virus software while using the Services. We also recommend that you have an up to date backup of your device before using the Services.

   5. We will provide the Services with reasonable care and skill. However, to the maximum extent permitted by law (and subject to your statutory rights, including those set out in Paragraph 19 below), we do not make any warranty as to the quality, functionality or availability of our Services.

   6. Some Games contain flashing lights, realistic images and simulations. If you feel tired, fatigued or uncomfortable while playing, please stop and rest, and if that continues after you stop playing, please consult a doctor.

5. Our liability to you

Statutory rights

1. If the consumer law of the country or state where you are resident does not permit one or more of the limitations or exclusions of liability set out below, then those limitations and exclusions shall apply only to the maximum extent permitted by the laws of such jurisdiction.

2. In particular, nothing in these Terms shall exclude or restrict any statutory rights you have as a consumer of the Services.  If you are a consumer in the UK or European Union, you have certain statutory rights if the Services that you purchase are not of satisfactory quality, not fit for purpose, or do not match the description provided to you. Nothing in these Terms affects your statutory rights.

3. If a Service that you have purchased is not of satisfactory quality, not fit for purpose, or does not match the description provided to you, our liability is limited to either (i) a refund of the price paid (where such refunds are within our reasonable control), or (ii) repair or replacement of the Service.  We will not be liable if the failure of the Service is caused by accident, abuse, or incorrect use.

General limitation of liability

1. Subject to Paragraphs 19.1 to 19.3, we are not liable to you for the following types of loss or damage that may arise from your use of the Services:

   1. loss or damage that was not reasonably foreseeable by you and us at the time and date you agreed to these Terms;

   2. loss or damage resulting from a breach by you of any of these Terms;

   3. loss or damage that was not caused by any breach by us of these Terms;

   4. loss or damage that you could reasonably have acted to prevent, limit, or mitigate;

   5. loss of, or damage to, any device on which you access or use any of our Services or any data on that device, unless that loss or damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Services; and

   6. loss or damage that you suffer as a consequence of the actions or omissions of third parties, including (but not limited to) Platforms, Webstore Providers, and other users of the Services.

2. Subject to Paragraph 19.7, and other than as set out in Paragraphs 19.1 to 19.3, our total liability to you in connection with a Game or other Service is limited to the price you paid for it.

3. The Services may only be accessed by you for private non-commercial use under these Terms. Nevertheless, if you use the Services for commercial purposes in breach of these Terms, we will not be liable to you for any loss of profit, loss of business, loss of anticipated savings, loss of reputation and/or loss of goodwill.

4. We do not limit or exclude our liability to you for:

   1. death or personal injury caused by our negligence;

   2. fraud or fraudulent misrepresentation by us or our employees or other representatives; or

   3. any other matter for which it would be unlawful for us to limit or exclude our liability under applicable law.

1. Changes to these Terms

   1. We may amend these Terms and our Privacy Notice from time to time, in order (for example) to ensure that we remain compliant with applicable law or to reflect any changes we make to the Services or otherwise.

   2. If we make any changes to these Terms, we will upload an amended version of the Terms to the Websites, and will also make available the amended version of these Terms within the Game(s) and on the Platforms where the Services are made available. If we make a significant change that impacts your rights and/or use of the Services, we will provide 30 days' notice (where reasonably possible to do so) before the change takes effect.  This may include a notification within the Game(s) that you use and/or through other appropriate means.

   3. We recommend that you regularly review these Terms, as your continued use of the Services after any changes to the Terms have been made by us will mean that you accept those changes. If you do not agree to the changes to the Terms, either in whole or in part, then you may not continue to use the Services.

2. Complaints and disputes

   1. If you have a complaint, please let us try to resolve it first.  The customer support contact details for each Everplay Company can be found on the web pages provided at Paragraph 2 of these Terms.

   2. If you have entered into a financial transaction with a Platform, Webstore Provider or other third party relating to one of the Services, for example, by purchasing a licence to a Game, and you have a problem with your purchase or believe that you are entitled to a refund or other remedy in respect of your purchase, then you should contact the third party from whom you made the purchase in the first instance.

   3. In the event of any dispute, complaint, or claim relating to these Terms or the Services (a "Dispute"), these Terms and any Dispute (that is not subject to the arbitration agreement in Paragraph 23) arising out of, or in relation to them, shall be governed by and interpreted in accordance with the laws of England and Wales, except for certain claims and disputes relating to consumer protection, unfair competition and tort, which may be subject to the laws of the country or state in which you are resident.

   4. The jurisdiction for any Dispute shall depend on the country or state in which you are resident.  You may only bring legal proceedings in respect of a Dispute against us as follows:

      1. if your country or state of residence is England or Wales: only in the courts of England and Wales;

      2. if your country or state of residence is outside England and Wales: in the courts of England and Wales or, alternatively, the courts of the country or state in which you are resident.

3. Other important terms

   1. Unless expressly indicated otherwise in these Terms, these Terms set out the entire agreement between you and us concerning your licence to use our Services.

   2. You may not assign or otherwise transfer your rights under these Terms to someone else for any reason (or attempt or purport to do so) unless we have first given you our express permission in writing, which we may withhold in our sole discretion.  

   3. We may assign or otherwise transfer our rights and may sub-contract our obligations under these Terms to anyone else, provided that the assignment does not reduce your rights under these Terms. We will contact you to let you know if we plan to do this, and you may end your use of the Services if you do not agree with the assignment or transfer.

   4. No one other than a party to these Terms (either you or us) has any right to enforce the rights and obligations set out in these Terms.Other than Bulkhead Limited, to the extent set out in Paragraph 1.5, no one other than a party to these Terms (either you or us) has any right to enforce the rights and obligations set out in these Terms.[MP5] 

   5. Each of the terms and conditions of these Terms operates separately.  If any court or other competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.

   6. Nothing in these Terms will create any relationship of partnership, agency or employment between us.

   7. If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms.  If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.

   8. If these Terms are terminated, the following continue to apply: our ownership of and rights in the Services, the licence you grant us in Paragraph 4.10, and Paragraphs 5, 6, 14, 19, 22 and 23.

   9. If we or Bulkhead Limited are threatened with, or face, a claim or legal action because of something you have done, uploaded or shared, or because you have breached these Terms, you will compensate us for the loss we suffer as a result and for our reasonable legal and other costs.

4.      Resolving Disputes; Agreement To Arbitrate; Class Action and Jury Waiver (FOR UNITED STATES RESIDENTS ONLY)

Last Updated: 7 September 2026

PLEASE READ THIS PARAGRAPH 23 (THE “ARBITRATION AGREEMENT”) CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. THIS PARAGRAPH ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE, OR CONSOLIDATED ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT.[MP6] 

1. Mandatory Individual Arbitration. A Dispute that arose on or subsequent to you entering these Terms, and if not resolved through the informal dispute resolution procedure set forth in Paragraph 23.4 below, shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any Dispute that all or any part of this Arbitration Agreement is void or voidable, and further, that the arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defence to arbitration, including waiver, delay, laches, or estoppel.

To the fullest extent permissible by applicable law, all Disputes must be filed within one year after such Disputes or cause of action arose or it will be forever barred.

Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below, we and you each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction in the State of New York to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other IP rights. Any legal action by us against a non-consumer or its interactions with governmental and regulatory authorities shall not be subject to arbitration. Either party may also elect to have Disputes heard in small claims court seeking only individualised relief, so long as the action is not removed or appealed to a court of general jurisdiction.

If we or you file or cause to be filed in court (other than small claims court) a complaint alleging a Dispute that is subject to arbitration under this Arbitration Agreement, the defendant/respondent will notify the party or the party's attorney (if an attorney has entered an appearance) of the existence of this Arbitration Agreement, and request that the complaint be withdrawn. If the party does not withdraw the action within 10 calendar days of service of that notice, and the defendant/respondent successfully moves to compel arbitration of the Dispute, the defendant/respondent shall be entitled to its costs and fees (including reasonable attorneys' fees) incurred in seeking to enforce this Arbitration Agreement.

1. Class Action/Jury Trial Waiver. We and you agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, private attorney general, representative, or consolidated proceeding (other than the permitted Mass Filing Procedures, detailed below). This means that we and you may not bring a Dispute on behalf of a class or group and may not bring a Dispute on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual Dispute. This also means that we and you may not participate in any class, collective, private attorney general, representative, or consolidated proceeding brought by any third party, and any arbitration will be conducted only on an individual basis (other than the permitted Mass Filing Procedures). We and you may participate in a class-wide settlement.

2. Arbitration Opt-Out Procedures. You may opt out of this Arbitration Agreement. To do so, you must email arbitration@everplaygroupplc.com a notice (“Opt-Out Notice”) no later than 30 days after you first agreed to this Arbitration Agreement (“Opt-Out Period”). The Opt-Out Notice must contain your full legal name, your complete mailing and email address and phone number, a clear statement that you wish to opt out of this Arbitration Agreement, and your signature. If your Opt-Out Period has passed, you are not eligible to opt out of this Arbitration Agreement, and you will be bound to the terms and conditions of this Arbitration Agreement.

If you opt out of this Arbitration Agreement, all other provisions of the Terms will continue to apply to you, including the Non-Arbitral Disputes Governing Law and Mandatory Forum Selection set forth below in Paragraph 23.6. Additionally, if you opt out of this Arbitration Agreement, you may still be bound to previous versions of this Arbitration Agreement or other arbitration agreements by reason of your separate agreement to them, including subsequent agreements to arbitrate. In other words, opting out of this Arbitration Agreement shall have no effect on any other arbitration agreements you entered into with us.

If we make any future changes to this Arbitration Agreement (other than a change to the Notice Address (as defined below) or other non-material changes), we will provide you with notice (to the extent we have your contact information). You may reject any such change by sending an email to us at arbitration@everplaygroupplc.com within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) the change(s) you are rejecting, (v) and, if applicable, the username or email address associated with any purchase from us. This is not an opt out of arbitration altogether. Your continued use of the Services after this 30-day period constitutes acknowledgment of, and agreement to, the changes to the Arbitration Agreement.

1. Rules and Governing Law for Arbitration.

Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: You and we agree that  informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, in the event of a Dispute, you and we each agree to send the other party a written notice of dispute (“Notice of Dispute” or “Notice”). A Notice of Dispute from you to us must be emailed to the notice address at arbitration@everplaygroupplc.com, to which a Notice of Dispute from you to us must be emailed ("Notice Address"). Any Notice of Dispute must include (i) the claimant's full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the Dispute; (iii) any relevant facts regarding claimant's use of the Services, including whether claimant receives any emails associated with the Services, whether claimant has made a purchase from us, and if so, the date(s) of the purchase(s); and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualised, meaning it can concern only your dispute and no other person's dispute. We will send any Notice of Dispute to you at the email address or mailing address it has for you, if any.

After receipt of a Notice of Dispute, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the Notice of Dispute, the recipient may request an individualised telephone or video settlement conference (which can be held after the 60-day period) and both parties will attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution.

Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures subsection is required before initiating arbitration. Any applicable limitations period (including statute of limitations) shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this subsection. All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and we have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, the parties agree that a court of competent jurisdiction may enjoin the filing or stay the prosecution of an arbitration. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.

Mandatory Arbitration Procedures: If the parties cannot resolve the Dispute through the Informal Dispute Resolution Procedures above, you and we each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and resolve Disputes through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place as close to your residence as practicable, or another agreed upon locale, and shall be before one arbitrator.

All Disputes shall be submitted to National Arbitration and Mediation (“NAM") at www.namadr.com, for arbitration before one arbitrator. The arbitration will be administered by NAM in accordance with the NAM rules, which are comprehensive Dispute Resolution Rules and Procedures and, as applicable, mass Filing Supplemental Dispute Resolution Rules and Procedures, then in effect (“NAM Rules”), except as modified by this Arbitration Agreement. A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the NAM Rules. You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced above, and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). The parties agree that submission of the certification shall be required for the Dispute to be deemed properly filed.

A form for initiating arbitration proceedings is available on NAM's website at www.namadr.com/resources/rules-fees-forms/. For additional information on how to commence an arbitration proceeding, you can contact NAM at commercial@namadr.com.

Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), governs the interpretation and enforcement of this Arbitration Agreement and any proceedings under it. The FAA and the NAM Rules shall pre-empt all state laws to the fullest extent permitted by law. To the extent neither the FAA nor the NAM Rules govern a particular issue, that issue will be governed by the laws of the State of New York, without regard to choice or conflict of law principles, except that, for residents of California, the laws of the State of California will so govern.

At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. An arbitrator's award that has been fully satisfied shall not be entered in any court.

As in court, you and we agree that any counsel representing a party in arbitration certifies, when initiating and proceeding in arbitration, that it is complying with the requirements of Federal Rule of Civil Procedure 11(b) and any applicable state laws of similar import, including certification that the Dispute or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorised to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.

Except as expressly provided in this Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys' fees and costs, in accordance with applicable law.

Mass Filing Procedures: If NAM determines that 25 or more substantially similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, NAM's mass filing fee structure shall apply and the parties agree that the arbitrations will proceed in accordance with the batching process as follows: (i) NAM shall administer the arbitration demands in batches of at least 100 demands for arbitration of a substantially similar nature, with the discretion to create additional batches if NAM finds that they are necessary to facilitate the efficient resolution of demands; (ii) if between only 25–99 demands for arbitration of a substantially similar nature are filed, then these demands will be treated as one batch; (iii) NAM shall provide for concurrent resolution of each batch as a single consolidated arbitration with one procedural calendar, one hearing (if any), and one final award; and (iv) following such determination of a mass filing, NAM shall apply a single set of initial admin, panel prep, and final admin fees per batch in accordance with NAM's mass arbitration fee schedule. All parties agree that arbitrations are of a "substantially similar nature" for purposes of these Mass Filing Procedures if they arise out of or relate to the same or similar event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.

We reserve all rights and defences as to each and any Dispute, Demand for Arbitration, and claimant. These Mass Filing Procedures shall in no way be interpreted as authorising class arbitrations of any kind.

Arbitration Fees: If you do not timely pay any required fees to NAM, any refusal by us to pay such fees on your behalf shall not void or otherwise invalidate this Arbitration Agreement, which shall remain in full force and effect. Any disputes over arbitration fees shall be resolved by NAM.

Confidentiality: The parties agree that the arbitrator is authorised to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award, and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

Requirement of Individualised Relief: The parties agree that, to the fullest extent permitted by law, the arbitrator is authorised, upon either party's request, to award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Dispute.

1. Severability and Survival. If any provision or portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then it shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.

This Arbitration Agreement shall survive termination of these Terms. Except as expressly provided herein, the terms and conditions of this Arbitration Agreement shall supersede and replace any and all previous arbitration and class action/jury waiver agreements you may have entered into with us.

1. Non-Arbitral Disputes Governing Law & Mandatory Forum Selection. If (i) you timely provide a valid Opt-Out Notice as provided above, and you are not bound to any previous or other arbitration agreements with us; or (ii) any Dispute is determined not to be subject to arbitration or resolution; or (iii) any court of competent jurisdiction or arbitrator, after exhaustion of all appeals, determines that the Class Action/Jury Trial Waiver, as provided above, is void or unenforceable for any reason, or that your Dispute can proceed on a class, collective, representative, or consolidated basis other than the Mass Filing Procedures, as provided above; then you and we each irrevocably agree that the exclusive jurisdiction and venue with respect to such Dispute shall be the federal or state courts of competent jurisdiction in the State of New York, and any such Dispute and these Terms shall be governed by and construed in accordance with the substantive and procedural laws of the State of New York, without regard to choice or conflict of law principles.

1. Notices for United States Users

   1. Notice to California Users. Under California Civil Code Section 1789.3, California users of online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

   2. Notice to New Jersey Users. The sections on limitation of liability do not apply to New Jersey residents to the extent that New Jersey’s Truth-in-Consumer Contract, Warranty, and Notice Act (N.J.S.A. §§ 56:12-14 to 56:12-18) prohibits such application.

2. Definitions

   1. In these Terms, the following capitalised words and expressions have the following meanings:

      1. “Arbitration Agreement” has the meaning given to it in Paragraph 23;

      2. "Anti-Cheat Software" has the meaning given to it in Paragraph 14.4;

      3. "Cheating" has the meaning given to it in Paragraph 14.1;

      4. "Dispute" has the meaning given to it in Paragraph 21.3;

      5. "DMCA" has the meaning given to it in Paragraph 11.7;

      6. "EAC" has the meaning given to it in Paragraph 14.4;

      7. "Early Access Game" has the meaning given to it in Paragraph 12.1;

      8. "Everplay Company" has the meaning given to it in Paragraph 1.2;

      9. "Everplay Group" has the meaning given to it in Paragraph 1.1;

      10. “FAA” has the meaning given to it in Paragraph 23.4;

      11. "Game" has the meaning given to it in Paragraph 3.1(b);

      12. "Live Services" has the meaning given to it in Paragraph 16.1;

      13. "NAM" has the meaning given to it in Paragraph 23.4;

      14. "NAM Rules" has the meaning given to it in Paragraph 23.4;

      15. "Notice Address" has the meaning given to it in Paragraph 23.4;

      16. "Notice of Dispute" and “Notice” have the meanings given to them in Paragraph 23.4;

      17. "Opt-Out Notice" has the meaning given to it in Paragraph 23.3;

      18. "Opt-Out Period" has the meaning given to it in Paragraph 23.3;

      19. "Platform" has the meaning given to it in Paragraph 4.6 (and expanded on in Paragraph 9.3);

      20. "Platform Terms" has the meaning given to it in Paragraph 10.3;

      21. "Services" has the meaning given to it in Paragraph 3.1, and “Service” means an individual element of the Services as applicable to you;

      22. "Terms" has the meaning given to it in the preamble to these Terms;

      23. "UGC" has the meaning given to it in Paragraph 11.1;

      24. "Virtual Items" has the meaning given to it in Paragraph 13.1;

      25. “Websites” has the meaning given to it in Paragraph 3.1(a) and “Website” means an individual element of the Websites as applicable to you;

      26. "Webstore" has the meaning given to it in Paragraph 10.6;

      27. "Webstore Provider" has the meaning given to it in Paragraph 10.6.

      28. “Webstore Provider Terms” has the meaning given to it in Paragraph 10.7.

 [MP1]Sections 12 and 13 do not apply to WARDOGS. It is not an early access title and has no virtual currency or in-game items. I have flagged them rather than deleting them because the document carries paragraph cross-references throughout and removing two whole sections the day before launch risks breaking them. Content for them to come out of a WARDOGS-specific version.

 [MP2]14.4 names Easy Anti-Cheat, which we do not use on WARDOGS. Our providers are Anybrain for keyboard and mouse input telemetry and Zero IT Lab for integrity and anti-tampering, and both are named as processors in our privacy policy. The EAC references at 14.5 and 14.11 and the defined term in 25 go with it.

 [MP3]14.11 as drafted sends WARDOGS ban appeals to EAC's own web form. EAC holds nothing about the account and cannot act on it. Appeals come to us and are reviewed by a person, not an automated system, as set out in our Security and Enforcement Policy.

 [MP4]17 as drafted allows only suspension or termination of access. WARDOGS uses hardware banning game-wide, and server-level restriction where reports build up on one server, and a permanent account ban may reach other titles on the same account system. Without this the sanctions we actually apply have no basis in the terms. The ban evasion and anti-cheat spoofing limbs added at 5.2 go with it.

 [MP5]See the comment at 1.5. As drafted this is the clause that shuts Bulkhead out of the terms entirely.

 [MP6]Flagging rather than changing. Our own position was English law and the English courts with no class action waiver, so we should talk about this section on its own. Note in the meantime that it only protects the contracting Everplay Company, so as drafted it does not cover Bulkhead for US claims about the anti-cheat, device bans or chat monitoring, which is exactly where they get filed. The new 1.5 extends it to us.