TERMS OF SERVICE
Last update: December 8, 2025
Previous versions: before December 8, 2025
These Terms of Service (hereinafter referred to as the “Terms of Service”, “Terms”, or “Agreement”) is the legal agreement that governs the relationship between you (referred to as “you” in all forms) and SCOREWARRIOR LIMITED (HE348535), whose principal place of business is located at 16 Spyrou Kyprianou Avenue, Divine Clock Tower, 3070 Limassol, Cyprus (hereinafter referred to as the “Company” and/ or “we”, “our” or “us” in all forms). This Agreement governs your access and use of:
1. The Game and Services, which include but are not limited to:
a. Our online browser game Total Battle (hereinafter the “Game”) and the various platforms it is available on, including:
• Our website: totalbattle.com (hereinafter the “Site”).
• The mobile application of the Game (hereinafter the “Mobile Application”).
• The downloadable clients of the game: the desktop client and the Steam™ client (hereinafter the “Game Client”).
• The game on Facebook (hereinafter the “Facebook”).
b. Any software related to the Game provided by us.
2. Other services we may provide to you in relation to the Game in accordance with these Terms of Service, including but not limited to, customer support services, social media engagement, forums, community channels, premium services, and other software products (hereinafter collectively the “Services”).
(Collectively referred to hereinafter as the “Game and Services”).
Before accessing or using our services, including downloading and installing our Game, browsing our website, utilizing the Services, or creating an account, you must agree to these Terms of Service and our Privacy Policy.
To enter into the agreement created by these Terms, you must meet the legal age of majority in your country or state of residence. By using our services or registering for an Account, you affirm that you meet the legal age of majority in your country or state of residence. If you are under the legal age of majority, your parent or legal guardian must review and agree to these Terms of Service on your behalf. By registering for an account and agreeing to these Terms, you represent that your parent or legal guardian has consented to them.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES OR REGISTERING FOR AN ACCOUNT. BY DOWNLOADING AND INSTALLING, ACCESSING, OR OTHERWISE USING OUR SERVICES OR REGISTERING FOR AN ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, PLEASE DO NOT DONWLOAD, INSTALL, ACCESS, OR USE ANY OF OUR SERVICES OR REGISTER FOR AN ACCOUNT.
THE GAME AND SERVICES ARE LICENSED, NOT SOLD, TO YOU BY SCOREWARRIOR LIMITED FOR USE STRICTLY IN ACCORDANCE WITH THESE TERMS OF SERVICE.
For residents of certain countries, please note that these Terms include important provisions, such as class action waivers, which affect your legal rights. Please review these sections carefully.
Your use of our services also constitutes your agreement to abide by any additional policies or guidelines incorporated into these Terms, including:
a. Our Privacy Policy
b. Our End-User License Agreement
c. Our Payment and Refund Policy
d. Rules and policies applicable to forums and communities, including the Community Rules/Guidelines, the Fair and Safe Play Rules and the Rules of Engagement, provided that they do not contradict these Terms of Service, or other policies.
e. The rules of third-party platforms, provided that access to the Game was obtained via such a platform, including but not limited to Apple (iOS), Google (Android), and Facebook.
These policies are integral to these Terms of Service and provide further details on the related topics for your review and acknowledgement.
Table of Contents
1. Introduction
2. Amendments to the Terms of Service
3. Account
4. License and Intellectual Property Rights
5. Code of Conduct
6. User-Generated Content
7. Virtual Goods, Purchases, Billing
8. Updates to the Game
9. Testing Environment
10. Safety Warnings
11. Consumer Rights
12. Third-Party Services
13. Termination of the Terms of Service
14. Indemnification
15. Disclaimer of Warranties
16. Governing Law, Jurisdiction and Dispute Resolution
17. Class Action Waiver
18. General
19. Contacts, Emails, and Notifications
1. INTRODUCTION
1.1. By registering for the game and creating an Account, you represent that you have read, understood, acknowledged, and accepted these Terms of Service, the Privacy Policy, the End-User Licence Agreement, the Payment Policy and Refund Policy, and other rules, including but not limited to event and community rules (collectively referred to as the “Policies”). All such Policies, as well as these Terms of Service, are subject to applicable data protection laws, including the General Data Protection Regulation (GDPR) 2016/679. If you access the service via a social networking site, such as Facebook, or a third-party platform, you must accept their Terms of Service and policies in addition to ours. Please read these Terms of Service and the Privacy Policy carefully to ensure you understand and agree to them before using the Services. If you do not agree to the Terms of Service, the Policies, or any additional terms and conditions, do not use the Services or play the game.
1.2. By accepting these Terms of Service, and continuing to use our Services, you acknowledge and agree that you are at least 18 years old or have reached the age of legal capacity as stipulated by applicable local law. If you are under 18 or below the legal age of capacity in your country of residence, you must meet the legal age requirements for your country, and your parent or legal guardian must review and agree to these Terms of Service and the Privacy Policy on your behalf. Your parent or guardian must also assume full responsibility for your compliance with these Terms. Registering for the Game and creating an account is not permitted for persons under the age of 18 or the legal age of capacity unless their parent or guardian has viewed and agreed to these Terms of Service on their behalf. If you are under 18 or below the legal age of capacity and do not have parental or guardian consent, do not register for the Game. By reading and accepting the Privacy Policy and these Terms of Service, you confirm that meet the applicable legal age requirement or you have your parent or guardian’s consent. You shall not create an account or access the Services at all if you are under the age of 13.
1.3. We do not knowingly collect personal information from persons under the age of 18 or the legal age of capacity as stipulated by applicable local law in cases where such control is feasible. However, it is not possible to control information communicated to us online.
1.4. If we are informed by a parent or legal guardian that their child has misrepresented their age when registering for our game or Services and has provided personal information, we will promptly delete this information, and terminate the associated account, provided we have information that satisfies us that the individual filing the report is indeed the parent or guardian of the child in question. At our sole discretion, we may request proof of age (for example, we may request your month and/or year of birth) or consent from a parent or legal guardian at any time. We may also block users if we suspect they are below the applicable age and will promptly delete all data collected from them. Failure to comply with this condition will result in account closure and the loss of all associated virtual goods (as defined below). If you are a parent or guardian and believe we have collected your child’s information in violation of applicable law, please contact us.
1.5. You are not permitted to accept these Terms of Service if:
a. You are not legally entitled to use the Site, Game Client, Mobile Application, Facebook, the Game, or the Services under the laws applicable in your country of residence or location.
b. You are not of legal age to form a binding agreement with us.
c. You do not agree to these Terms of Service.
d. We have been previously banned from using our Services.
1.6. These Terms of Service also govern the transfer of accounts and associated game data from other versions of the game to Total Battle, ensuring a seamless gaming experience in accordance with the conditions outlined herein.
2. AMENDMENTS TO THE TERMS OF SERVICE
2.1. Please kindly note that from time to time, we may need to amend these Terms of Service, the Privacy Policy, the EULA, the Payment and Refund Policy, Event or Community Rules/Guidelines, the Fair and Safe Play Rules, and the Code of Conduct, which are available on the Site. Such amendments may be made to:
a. Reflect changes in the applicable law, technology, or business operations.
b. Reflect changes in the composition or content of the Game and/or the Services.
c. Reflect changes in how we collect, use, or store your personal information to ensure compliance with applicable data protection laws.
d. Ensure that the Community Rules adequately protect the interests of the Game’s user community.
2.2. The latest versions of these Terms of Service and the Policies are always available on the Site, in the Game Client, on Facebook, and in the Mobile Application. If we make substantial amendments to these Terms of Service and/or the Policies, we will use reasonable efforts to give you reasonable notice by posting a notice in the Game and/or Services. When we make changes, we update the “Last Update” date at the top of this Terms of Service and all changes are effective as of the stated “Last Update” date, unless we state otherwise. We strongly advise you to visit this page and review these Terms of Service periodically for any changes, to ensure that you are aware of the changes and that you understand your relationship with Scorewarrior Limited. Your continued use of the Services on or after the Last Update date, constitutes acceptance of, and agreement to be bound by the revised Terms of Service and Policies. If at any point you do not agree to any portion of the then-current version of our Terms of Service and/or the Policies, or the rules or codes of conduct relating to your use of the Service, your sole recourse shall be to immediately terminate your account and cease using the Service.
3. ACCOUNT
3.1. To use the Game and the Services, you are required to create an account (hereinafter referred to as the “Account”). This includes accounts created through various platforms, such as the Site, Game Client, Facebook, and the Mobile Application. An account can be linked to an active email address, a Google account, a Facebook profile, or an account on the App Store or Google Play. Each platform offers a unique way to access and engage with the Game. Alternatively, you may have the option to play as a guest, on the Mobile Application and the Total Battle website, without linking your account to an email address, a Google account, a Facebook profile, or an account on the App Store or Google Play. A “Guest Account” refers to an account created through the mobile application or the Total Battle website using generated device identifiers or generated browser identifiers. Within these Terms of Service, the term “Account” encompasses all these varieties, and all provisions apply equally to each form.
3.2. To link your Account, you will need either an active email address, a Google account, a Facebook profile, or an account with the App Store or Google Play. For a Guest Account, generated device identifiers or generated browser identifiers are used. During the Account registration process, additional information will be requested and should be provided truthfully and accurately. The specifics of the information required and how we process, use and store your data are detailed in our Privacy Policy. It’s important to note that “Account” in these Terms of Service refers to all types of accounts, both linked and Guest Accounts. You acknowledge and agree that you have no ownership, intellectual, or other rights to your Account or any Account. All rights to Accounts, in any form, are and will only be owned by and to the benefit of the Company.
3.3. For Guest Accounts there is an increased risk of account loss. This risk arises due to the reliance on generated device identifiers or generated browser identifiers, which can change or be lost due to the device changes or browser data clearance. You should be aware that recovery of these accounts and their game progress/characters might not be possible in such cases. For added security and continuous gameplay, Guest accounts may need to be linked to an email address, Google Account, social media account, App Store, or Google Play once certain in-game milestones are reached, such as achieving a specific Capitol level, making in-game purchases, or creating new progresses/characters. We recommend linking your account early to avoid potential data loss and ensure account recovery options.
3.4. Guest Accounts created through the Total Battle website offer the convenience of immediate gameplay without requiring an email address, social media account or Google Account. However, in certain situations, such as when a user reaches a specific Capitol level, wishes to make in-game purchases, or create new progresses/characters, linking the account becomes necessary. We strongly recommend linking your Guest Account to a secure email address, a social media account, or a Google account. Doing so enhances security, facilitates smooth transaction processes, and ensures continuous access to game progress/character.
3.5. We implement secure methods to verify and authenticate user accounts, ensuring the integrity of our Services. Moving forward, for accounts linked to an email address, registration requires a one-time password (OTP) sent to the provided email, which must be verified to create the account. Once registered, users can choose between OTP and password login options.
Ownership of an account is determined by the registered email address. The individual with access to the verified email address is considered the rightful owner of the account. This applies regardless of how the account is accessed (via OTP or password) or when it was created. It is your responsibility to ensure that the email address associated with your account—whether provided during registration or updated later—is accurate, accessible, and exclusively under your control. Any claims of account access, recovery, or ownership will be based solely on access to the registered email address.
For accounts linked through third-party platforms (e.g., Google, Facebook), authentication follows the respective platform’s verification process.
3.6. Please note that if your Game account is connected to any external account, such as a social media platform (e.g., Facebook), an app store account (e.g., Apple ID, Google Play), or a Google Account, this connection cannot be unlinked in the future. A single account can be linked to multiple methods simultaneously. This applies regardless of whether your account is connected solely through an external account or through a combination of methods, such as email and external platforms. Once an account is linked to an external platform, it will remain bound to these methods for the lifetime of the account. Be sure to consider this limitation before connecting your account to any external platform.
3.7. You are not permitted to share your Account with anyone. Additionally, you are not allowed to sell or transfer your Account to another person, nor are you permitted to purchase or access someone else’s account.
3.8. Account Obligations for Confidentiality and Security: You must keep all information relating to your Account confidential and secure. This includes your Account ID, password, and any device-specific identifiers. You must not disclose this information or grant access to your Account to anyone, including your friends, children, spouses, family members, co-workers, or other third parties. You are responsible for keeping your Account secure from third parties. To protect your Account, you are required to safeguard your login credentials, device-specific identifiers for Guest Accounts (such as device and browser data), and any devices used to access the Game, such as computers, mobile phones, or tablets. You should ensure that your Account and such devices are secured to prevent unauthorized access from third parties and monitor both your Account and devices to restrict use by minors or anyone other than yourself. You do not own your account, and gifting or otherwise transferring of accounts or sharing access is prohibited. If we detect account sharing, unauthorized transfers, or any other prohibited use, we reserve the right to temporarily or permanently suspend your Account and terminate these Terms of Service in accordance with provision 13, “Termination of the Terms of Service.”
Responsibilities of Account Owner. As the Account owner, you accept full responsibility for all actions taken through your Account, whether performed by you or any third party, including minors. If you grant access to your Account or the device used to access it to anyone, you will remain solely responsible for any resulting actions, including any unauthorized purchases, losses, service charges, account deletion, or other changes to your Account, regardless of whether these actions were authorized by you. This includes responsibility for any use of your credit card or other payment methods or devices (e.g., PayPal) by minors or anyone other than yourself. This applies particularly in cases where such payment details are stored or accessible on the device used to play the Game. If you grant access to the device used to access your game account, or if you grant access to your game account itself, you accept full responsibility for any use of your Account by any other third party, including minors. If your payment information is stored on a device and used for transactions in the Game, any access granted to that device will be considered as your authorization for purchases made by the third party accessing it. Additionally, if your payment information is stored on a device, and you grant access to such device for playing the Game, you will also be deemed to have authorized any purchases made by the person accessing the device.
3.9. Please note that our representatives, including our support team, will never ask you for your Account password.
Please notify us immediately if any of the following occurs:
a. Any unauthorized use of your Account.
b. Any hacking tools have been used or might have been used in relation to either the Game, your Account, or the Services.
3.10. We have the right to suspend your Account following the receipt of any legal notice addressed to you or us in connection to your Account and/or your activities, or in case there is a reasonable suspicion of the commencement of any illegal activities and/or any activities that contradict our Terms of Service, Privacy Policy, the EULA, and the Payment and Refund Policy in connection to your Account, or in case of any legal proceedings commenced by you against us. Account suspension doesn’t grant you the right to any refunds and/or compensation even if at the time of the suspension you had any unused virtual goods.
3.11. We have implemented reasonable and appropriate organizational and technical measures to protect all personal data and information we collect against security risks. In case of any loss or damage arising from any unauthorized use of your Account or any unauthorized access, use, alteration, modification, and/or disclosure of your personal information to an extent that arises from your own omission, negligence to act, or negligent conduct, we shall have no liability to you.
3.12. Please note that additional information regarding the processing of user data by the Company is contained in the Privacy Policy, as stated in Section 1 above, and the Privacy Policy forms an integral part of these Terms of Service.
3.13. You do not have to pay any registration or subscription fees to create or maintain an Account, nor do we operate a recurring or subscription payment plan, whether billed monthly, quarterly, annually, or according to any other schedule.
3.14. In the course of accessing and using our Services, you may be assigned a unique Account ID and Progress IDs/Character IDs to help identify and manage your interactions within our Game. Additionally, you may have the opportunity to create a separate progresses/character during certain events. The following provisions outline the systems in place for linked account conversion and event-related progresses/characters to ensure a streamlined and integrated gaming experience. Please note the following regarding these identifiers and progress records:
a. Account ID and Progress/Character ID: your account is assigned a unique Account ID, and each progress/character within your account is also assigned a separate Progress/Character ID. This system aims to enhance organization and clarity by distinguishing individual game progresses/characters associated with your account.
b. Transition of Linked Accounts: If you had previously linked accounts, these have been or will be converted into individual progresses/characters within your account. Linked accounts that have been converted into progresses/characters within the same account are not treated as distinct entities and will remain interconnected.
c. Event Progresses/characters: During certain events or promotions, you may have the opportunity to create additional progresses/characters within your existing game account. These event progresses/characters are connected to the entire account and do not constitute the creation of new accounts. The event progresses/characters are separate from the account and are assigned a unique “Progress/Character ID”. Your existing progress or progresses/characters ID and account ID remain unchanged.
d. Limitations on Progresses/Characters: For the rules regarding progresses/characters, there might be announcements either within the game or on other game-related channels and websites. These announcements, specifying rules and limitations on the number of progresses/characters allowed during seasonal events or from time to time, form an integral part of the Terms of Service and Privacy Policy and are binding on all users. Please refer to these announcements for up-to-date rules regarding progresses/characters. Additionally, there might be certain conditions under which you may temporarily remove such progresses/characters. However, note that the temporary removal of certain progresses/characters does not equate to their permanent deletion, as they form an integral part of your account and are not treated as distinct entities with separate rights or treatment. Permanent deletion or changes can only occur in the entire account and not on separate progresses/characters, regardless of whether they are main or seasonal. For guest accounts, there might be limitations in the ability to create new progresses/characters, and in order to create new progresses, you need to link your account to an email address, Facebook, Google Account, App Store, or Google Play.
e. Account and Progress/Characters Interconnection: It is crucial to understand that the progresses/characters within your account are interconnected and considered integral parts of the account and adherence to the Terms of Service and Code of Conduct is required in all aspects of the game. Once the progresses/characters become a part of your game account, they cannot be unlinked. While you may have the ability to switch between progresses/characters within the game, make separate purchases, and have distinct gameplay experiences, it is important to note that any actions taken against the account due to violation or breaches of our Terms of Service will have repercussions for all progresses/characters within it. In the event of a violation from one progress/character, actions will be taken not against this particular progress/character but against the account as a whole.
f. Email Address and Data Changes: Any changes to the email address or data associated with progresses/characters can only be made at the account level. Changes will apply universally to all progresses/characters within the account. You will not have the option to modify the email address or data of individual progresses/characters.
g. Deletion: You have the option to delete the entire account, but you will not be able to delete a specific progress/character. Deleting an account will permanently remove all associated data. When submitting a Request for Erasure, provide your account ID, not the Progress/Character ID.
h. Participation and Compliance: By participating in events, creating event progresses/characters or participating in either progress/character, you acknowledge and agree that any violations or misconduct have repercussions for the entire game account.
i. Continuity and Account Management: After an event concludes, the closed kingdom/realm where the event progress/character was created may be opened, allowing you to continue playing either on the main progresses/characters or the event progress/character. Both progresses/characters will remain connected to each other, ensuring continuity for the players.
j. Cautionary Note: When submitting a request for the erasure of your game account, exercise caution and ensure that your decision aligns with your intentions. Be certain that you are explicitly requesting the erasure of the entire game account and not solely a specific progress/character within it. This action is irreversible and has far-reaching implications. We encourage you to review your request thoroughly to accurately reflect your intentions before proceeding. Your careful consideration will enable us to provide you with the best possible support and maintain the integrity of your gaming experience.
3.15. Collective Reference to Account and Progresses/Character: Throughout these Terms of Service, the terms “account” and “progress/character” shall collectively refer to all game progresses/characters, including but not limited to the main progresses/characters, linked progresses/characters and any additional event progresses/characters associated with a user’s game account. Any reference to “account” or “progress/character” in this document encompasses the entirety of the user’s game data and achievement, regardless of the specific progress/character being referred to. This ensures a comprehensive understanding of the user’s game experience and data across all progresses/characters within their account. This inclusive terminology implies that any violations occurring within a progress/character are considered violations of both the specific progress/character and a broader account as a whole. All provisions outlined within the Terms of Service apply to both accounts and progresses/characters interchangeably.
3.16. Account Transfers: As part of our efforts to provide a unified gaming experience, we may transfer accounts, including your game progress/characters, purchases, and account details, from other versions of the game to Total Battle. In all versions of the game, the data controller, processor, and our data handling practices are the same. Following the transfer, the Total Battle Terms of Service and Privacy Policy will apply, and you will be able to continue playing the game as usual without any disruption to your gameplay experience. Your explicit consent is required for this transfer. If you do not provide consent, your account and associated data will be permanently deleted. Restoration of the account or associated data will not be possible after deletion. You may find the terms of other versions of the game here.
4. LICENSE AND INTELLECTUAL PROPERTY RIGHTS
4.1. Intellectual property refers to rights granted to the creator of original works, including creative designs, literary and artistic works, symbols, names, and images. The Game and Services contain a wide variety of materials and assets, all of which are collectively referred to as “Content.”. This includes, but is not limited to, technology, software, interfaces, designs, forum posts, chat posts and logs, texts, profiles, messages, links, e-mails, graphics, titles, codes, computer codes, concepts, gameplay, characters, character names, character likenesses, catchphrases, artwork, user interface, themes, objects, artifacts, locations, location names, structural or landscape designs, images, videos, sounds, music compositions, audio-visual effects, animations, stories, dialog, documentation, profile information, user accounts, and recordings and broadcasts of gameplay on Total Battle, as well as virtual goods, content, features, goods, services, or currency whether acquired through gameplay or purchased from us. We own, license, or otherwise hold rights to all Content, and you agree that you have no ownership, rights, or title to any part of it.
4.2. Ownership of IP Rights: The Game, Services, Content, and all associated intellectual property rights, including but not limited to copyrights, patents, trademarks, trade secrets, and proprietary rights (collectively “IP Rights”), are and shall remain our sole and exclusive property, or the property of our affiliates and partners, as applicable.
4.3. Licensing of Accounts and Content
4.3.1. Account and Ownership: YOU AGREE THAT ALL RIGHTS TO USE THE SERVICES ARE LICENSED, NOT SOLD TO YOU. YOU DO NOT OWN YOUR ACCOUNT. YOU AGREE THAT WE OWN ALL OF THESE INTELLECTUAL PROPERTY RIGHTS, AND THAT YOU MAY NOT USE OR EXPLOIT ANY OF THEM WITHOUT OUR PERMISSION.
4.3.2. Virtual Goods and Ownership: You acknowledge and agree that all Virtual Goods, including but not limited to virtual items, features, goods, services, or currency earned or purchased within the Game, as well as any other attributes associated with your Account or stored on the Service whether acquired through gameplay or purchased from us, are the sole property of our Company. You do not have any ownership or proprietary rights to such Virtual Goods, and these items remain licensed to you under the conditions outlined in these Terms of Service.
Notwithstanding any provision to the contrary, Virtual Goods are non-transferable, non-exchangeable for cash or any other goods or services (except as permitted in the Game), and cannot be returned, refunded, or otherwise redeemed. We reserve the right to modify, manage, or remove Virtual Goods at our discretion without notice or liability to you.
4.3.3. If we terminate your account, any license granted by us to you for the Game, Services, and any Content, including Virtual Goods, will end immediately.
4.4. Grant of Limited License: As long as you agree with these Terms of Service and they remain in force between you and us, we grant you a license to download, install, access, view, and use the Game and/or Services. This license is:
a. Personal: Use is strictly for personal, non-commercial purposes.
b. Limited: Use is restricted to the purposes set out in these Terms of Service.
c. Non-exclusive: We may grant similar licenses to other users.
d. Non-transferable: The license is solely for your use and cannot be transferred or sublicensed.
e. Non-sublicensable: You may not sublicense the license rights granted to you.
f. Revocable: We may terminate this license under certain conditions outlined in these Terms of Service.
g. Conditional: This license is contingent on your compliance with these Terms of Service.
4.5. Prohibited Uses and License Restrictions:
4.5.1. You agree not to, and you will not permit others to:
a. License, sell, rent, lease, sub-license, assign, distribute, reproduce, edit, copy, transmit, transfer, translate, publish, host, adapt, outsource, make available to the public, disclose, post, print, pattern, exchange, or otherwise commercially use or exploit the Game, Services, or Content, in whole or in part, or make the Game available in whole or in part to any third party without prior written authorization.
b. Copy, download, or use the Game, Services, or Content or any part thereof for any purpose other than as explicitly permitted according to these Terms.
c. Modify, create derivative works of, derive source code from, disassemble, decrypt, decompile, or reverse-engineer any part of the Game, Services, or Content.
d. Remove, disable, circumvent, alter, or obscure any proprietary notices (including copyright, trademark, or intellectual property notices) of SCOREWARRIOR LIMITED, its affiliates, partners, suppliers, or licensors.
4.5.2. Intellectual Property and Trademark Restrictions:
a. You agree that you may not use any of our trademarks, names, logos, domain names, copyrights without our express prior written consent through a formal agreement signed by us. Any unauthorized reproduction, redistribution, modification, or other misuse of the Game, Services, or Content that violates these Terms of Service is strictly prohibited and may lead to legal action, including civil or criminal penalties.
b. You agree not to reproduce, redistribute, modify, adapt, or use any proprietary technologies, algorithms, or data embedded within the Game, Services, or Content for any commercial purposes or to create derivative products or services.
4.6. Protection Under Law: The Game and its Services are protected by intellectual property laws and other applicable regulations worldwide.
4.7. Consequences of IP Violation: If you copy or download any of our intellectual property in breach of this agreement, your right to use the Services will cease immediately without compensation being provided for any losses and/or damages. You must return or destroy any copies of the materials you have made. Violating this provision will result in the immediate revocation of your limited license and may subject you to legal consequences.
4.8. Conditions for Accessing Content: The following conditions, among others, apply to your access to the Game/Content:
a. Access must be lawful in your country of residence.
b. Game and Content may only be acquired from us.
c. The Game and Content cannot be returned and/or exchanged for cash or any other goods or services except as permitted in these Terms of Service or required under applicable law.
d. Game and Content cannot be sold or transferred to another person.
e. Availability of the Game and Content is not guaranteed at all times, in all regions, or for any specific duration.
f. We reserve the right to deny or restrict access to the Game and Content at our discretion, particularly due to legal or technical limitations.
g. Certain parts of the Game and Content may only be accessible and/or unlocked after specific in-game achievements are acquired.
4.9. Content Updates: We may have to change or update the Content from time to time in accordance with Section 8 “Updates to the Game”.
5. CODE OF CONDUCT
5.1. When you access and use the Game and the Services, you agree to comply with all laws, rules, and regulations in the jurisdiction in which you reside; the Rules of Conduct included in the Events and Community Rules/Guidelines; the Fair and Safe Play Rules; and the following behavioral rules (the “Code of Conduct”). This Code of Conduct applies to all aspects of your use of the Game and the Services, including but not limited to your in-game behavior, communications with other users and the Company, and all content you create, share, or use such as nicknames, usernames, clan names, descriptions, characters and messages. The term “content” in this Code of Conduct collectively refers to all these elements. You will not create, share, or use any content that violates the rules set forth in this Code.
The Code of Conduct is not exhaustive, meaning we may impose penalties, such as temporary and permanent account bans, for behaviors/conduct that violates the integrity of our services, even if such behaviors are not explicitly covered in this Code. We also reserve the right to update and modify the Code of Conduct at our discretion to address evolving needs and maintain a fair and safe environment.
5.2. Account Registration Violations:
a. You will not create an Account if you are under the age of 18 or the age of legal capacity as stipulated by applicable local law unless you have viewed these Terms of Service with your parent or guardian, they have agreed to these Terms of Service on your behalf, and they take full responsibility for your compliance with them.
b. You will not create an Account if you are under the age of 13.
5.3. Prohibited Content
You will not post, submit, or share any content that is deemed prohibited under the following provisions of the Terms of Service and any applicable laws:
Illegal or Harmful Speech/Violence:
i. You will not harass, threaten, harm, ridicule, stalk, intimidate, incite, harass, abuse, insult, or bully any other person or group, nor will you post, submit, transmit, or use nicknames, usernames, clan names, descriptions, characters, or messages (content) that contain abusive, threatening, bullying, harassing, insulting, obscene, defamatory, offensive, hateful, disparaging, libelous, racial, religious, sexual or pornographic, violent, abhorrent, or illegal content. This includes content that infringes or violates the rights of another person or group, including but not limited to other players, the Company’s employees, or the Company’s customer service representatives.
ii. You will not organize or attempt to organize hate groups or post content that uses or promotes hate speech.
iii. You will not post or submit any content that is racist, offensive, or derogatory to any ethnicity, nationality, religion, culture, gender identity, or sexual orientation, or that disparages anyone based on their mental or physical ability, appearance, sexual orientation, or any other personal trait. This prohibition includes discriminatory propaganda or content that is nationalistic or offensive toward any ethnic, national, religious, cultural, or racial group, or that contains links to such content.
iv. You will not use rude, offensive, abusive or profane language in your communications with other players and the Company’s employees and customer service representatives. If you do, in addition to any other actions we may take according to these Terms of Service, we may restrict your ability to contact us by email or refuse to provide you with any further customer support.
v. You will not create or attempt to create nicknames, groups, or organized communities of users that are connected in any way with organizations that violate or have violated any applicable laws or regulations, including but not limited to direct or indirect references to Nazi symbols, abbreviations, and well-known leaders.
vi. You will not post, submit, or use content, including but not limited to messages, nicknames, usernames, clan names, descriptions, or characters, that are comprised of gibberish or nonsensical characters or that use misspellings or alternative spellings to circumvent the requirements outlined in these Terms of Service.
Self-Harm
vii. You will not post, submit and promote content that describes and/or condones the performance of any illegal acts or acts of violence or self-harm.
Minors
viii. You will not post, promote or share content involving minors including but not limited to grooming, unsafe challenges, or inappropriate sexual content and descriptions involving minors.
Religious/Political
ix. You will not discuss, post, submit, or use content related to any religious, political, social, or illegal topic or any other divisive content. This includes expressing political beliefs or passions that convey hatred toward another person or group or portraying religious and political figures in a manner likely to cause offense or divisiveness, including but not limited to another player, the Company’s employees, and/or the Company’s customer service representatives.
x. You will not post, submit, or use content that is written with the intent of provoking or promoting toxic behavior or political/geopolitical agendas within Total Battle. This includes letters, words, numbers, symbols, emblems, figures, or names that promote or represent political or geopolitical agendas that could cause the segregation of the community/users based on race, country, nationality, or religion.
xi. You will not post, submit, or use content that refers or relates to cultural, historical, or political figures known to provoke negative feelings in the majority of people; references or relates to members of terrorist organizations; or references religions, religious leaders, figures, beings, or deities in a manner that is likely to cause offense.
xii. You will not post, submit, or use content that contain letters, words, numbers, symbols, emblems, figures, or names connected with organizations that violate or have violated any applicable laws, regulations, and rules, including but not limited to using different variations of Nazi symbols, styles, or abbreviations or the ranks and/or surnames of Nazi leaders.
Pornographic
xiii. You will not post, submit, or transmit any sexual or pornographic content and/or descriptions or share names and/or links to websites that contain such material.
Spamming
xiv. You will not create or attempt to create a negative environment for other player(s), the Company’s employees, or the Company’s customer service representatives by posting same-topic content multiple times, repost content that has been removed from the Game, or post nonsensical messages in the Game and in-game chats, including but not limited to using caps lock.
Communication with in-game administration:
xv. You will not discuss, post or share decisions taken or sanctions applied by moderators or the administration in in-game chats and/or your communication with the Total Battle administration or the Total Battle team.
Public Security- Civil Discourse
xvi. You will not provoke or encourage other users to take any actions that are against the interests of the Company, the Company’s employees, or the Company’s representatives, or that could cause loss to the Company or be considered as a threat to the Company, including but not limited to encouraging other users not to participate in the Game or in Game-related events and/or not to make any in-game purchases.
xvii. You will not post and spread false or misleading information about elections, candidates, voting processes, or results or encourage interference of any kind in democratic processes and/or post any content or use any tools to manipulate public opinion.
Intellectual Property Infringements
xviii. You will not post content violating copyrights, trademarks, patents, or trade secrets of the Company or any user within the game as well as trading pirated goods for personal gain.
xix. You will not post, submit, or use content that infringes the intellectual property rights of any third party (e.g., copyrighted or trademarked content) promotes illegal substances or their use, or facilitates any other illegal activities. This includes content that breaches these Terms of Service, our game policies, or any provisions of national and/or international laws or regulations.
Consumer Information Infringements
xx. You will not post and promote misleading or insufficient information about goods, services, traders or transactions infringing consumer rights and/or use the in-game chat functions to post and engage in the trading of goods, counterfeit items or services including but not limited to game accounts and virtual items.
Advertising
xxi. You will not promote or advertise other games in -in-games chats.
xxii. You will not use or attempt to use the Game or the Services for any unauthorized commercial purpose, including but not limited to advertising, soliciting, or transmitting any commercial advertisement or unauthorized communications (such as chain letters, junk email, “spam” or other repetitive messages, or any materials that promote malware, spyware, and/or downloadable items to anyone).
Unsafe Products:
xxiii. You will not post, advocate, promote, advertise, encourage, or refer to any banned or illegal products, nor will you facilitate any illegal behavior. This includes but is not limited to, the use of tobacco, alcohol, or drugs, unlawful gambling, or theft. This prohibition applies to all forms of content, including but not limited to messages, nicknames, usernames, clan names, descriptions, avatars, and signatures.
Data Protection and Privacy Violations
xxiv. You will not post or share the full names of users without their consent or attempt to obtain, phish for, harvest, or reveal any account details, passwords, or other personal information about another person or yourself. You will not post or share false information about another person, share logs of private conversations, or infringe anyone’s privacy.
Animal Welfare
xv. You will not post, share, or promote content involving intentional harm to animals or the sale or trade of animals or their parts.
5.4. Prohibited Behavior and Actions:
Account Security:
i. You will not exchange or attempt to exchange Accounts with other users.
ii. You will not buy, rent, lease, sell, trade, sub-license, gift, bequeath, or otherwise transfer or share and/or attempt buy, rent, lease, sell, trade, sub-license, gift, bequeath, or otherwise attempt to transfer or share your Account with anyone, or provide access to your Account to another user, or accept a transfer of an Account from another user. You are also prohibited from attempting to engage in any of these actions.
iii. You will not access or attempt to access or use an Account that has been rented, leased, sold, traded, sub-licensed, gifted, bequeathed, or otherwise shared by or transferred from the Account creator.
iv. You will not play or attempt to play using another person’s Account and identify yourself under the name of that person.
v. You will not impersonate any person, business, or entity. You will not create or attempt to create an Account using a false identity or information, or on behalf of someone other than yourself. Additionally, you will not post, submit, or use content, including but not limited to nicknames, usernames, clan names, descriptions, or characters, that belong to another person with the intent to impersonate them. You will not use or attempt to use bots or other automated software programs for fraudulent purposes or in a manner that otherwise violates these Terms of Service or the terms of service of any third-party applications or social networks through which the Game can be accessed.
vi. You will not falsely indicate that you are an employee or a representative of the Company, use a name that is falsely indicative of an association with the Company, communicate in a way that makes it appear that the communication originates from the Company, misrepresent your affiliation with any person or entity, or engage in fraudulent, deceptive, or misleading practices.
vii. You will exercise reasonable care in safeguarding your Account against any unauthorized access by third parties.
viii. If you suspect that your account has been compromised and/or that a third party has gained unauthorized access to your Account, you should immediately report your suspicions to our customer support service. Therefore, complaints regarding compromised Accounts with incidents that are not reported within a reasonable timeframe will not be accepted, as any attempt to manipulate the system for refunds or any other purpose is a strict violation of our Terms of Service. Nonetheless, an internal investigation will be initiated to check whether the Account has indeed been compromised or not.
ix. You will not attempt to gain unauthorized access to the Game, to Accounts registered to other people, or to servers or networks connected to the Services by any means other than the user interface provided by the Company, including by circumventing or bypassing, attempting to circumvent or bypass, or encouraging or assisting any other person to circumvent or bypass any robot exclusion headers or security mechanisms for the Game.
x. You will not create an Account or use the Service if you have previously been removed by the Company or banned from playing our Game.
Virtual Goods
xi. You will not discuss or advertise the sale, exchange, or transfer of accounts, in-game resources, or virtual goods from one user to another or any other way to improve in-game progress without the normal use of the Game’s mechanics in all channels of communication, including but not limited to in-game chat messages and comments within community groups.
xii. You will not make or attempt to make available any cheats or other methods designed to enable the accumulation, selling, or trading of virtual goods.
xiii. You will not carry out or attempt to carry out unauthorized transactions of virtual goods with other users in a manner that violates these Terms of Service, including transferring virtual goods to other individuals, selling or re-selling virtual goods, or fraudulently obtaining or acquiring virtual goods or game services from third parties by purchasing them, accepting gifts, or by any other means, without our permission.
xiv. You will not sell or transfer or attempt to sell or transfer virtual goods to anyone in exchange for cash.
xv. You will not acquire or attempt to acquire virtual goods from anyone in exchange for cash. You may only acquire virtual goods from us or other users of the Game via the special interface within the Game.
xvi. You will not use or attempt to use the Game for the purpose of performing in-game services, such as levelling up or item collection services, in exchange for payment outside the Game.
xvii. You will not abuse any payment provider’s systems for the purpose of purchasing or refunding virtual goods for fraudulent purposes, including instances where the permission of the authorized owner is not granted or in instances where the use of such systems by the user indicates suspicious activity. Refund abuse is considered a violation of these Terms of Service, and we enforce anti-fraud security measures to prevent such behavior, e.g., using automatic tools to permanently suspend Accounts that have been detected to commit such activities.
xviii. You will not use payment methods, such as credit cards or bank accounts that are jointly owned or accessible by more than one person, without first informing and acquiring authorization from the co-owner(s) for any purchases in the Game. It is your responsibility to ensure that all parties involved are informed.
xix. Virtual goods cannot be exchanged for cash or any other goods or services, except other virtual goods as permitted in the Game.
Cheating/Abuse of Game Mechanics:
i. You will not use, abuse, or attempt to use or abuse features of the Game, Service, or Game mechanics for anything other than their intended purpose. This includes, but is not limited to, exploiting, bypassing, abusing, or attempting to exploit, bypass, or abuse any flaws, bugs, vulnerabilities, mechanics, or features for personal gain, such as chargeback dispute exploitation, refund exploitation, or any purpose other than their intended use.
ii. You will not engage in or attempt to engage in any fraudulent activity with respect to payment methods, including but not limited to credit card scams or credit card misappropriation.
iii. You will not use, create, distribute, discuss, propagate, become involved in, or take advantage of - nor attempt to use, create, distribute, discuss, propagate, become involved, or take advantage of - any unauthorized third-party programs, software, tools, plug-ins, cheats, bots, hacks, or mods not developed by the Company, nor will you encourage other users to do so. These include but are not limited to tools designed to modify, disrupt, or interfere with the Game experience, gain an unfair advantage, or intercept, emulate, or redirect any communication related to the Game. Additionally, you will not use unauthorized programs to collect information by reading areas of memory used by our Services or to engage in any similar actions. If you suspect that a cheat or hack exists, you must report it to our support team and provide the necessary information.
iv. You will not copy, modify, adapt, delete, add, or create derivative works from the Game’s software, including any system data, files, or data released to the RAM or exchanged between the client and server during gameplay. You will also not forge, add, deleted, or alter any instructions or data while the software is running, nor operate or propagate relevant software or methods to achieve such actions, whether for commercial purposes or otherwise.
v. You will also not use or attempt to use unauthorized third-party programs, tools, plug-ins, automation software, bots, cheats, or similar mechanisms to access, modify, disrupt, or interfere with the Game’s systems or operations.
vi. You will not access, tamper with, or attempt to access or tamper with our computer systems, delivery systems, or areas of our Services that are not publicly available, nor interfere with or disable security mechanisms of the Game or Service.
vii. You will not exploit, distribute, or publicly disclose errors, bugs or vulnerabilities in the Game or its mechanics that provides an unintended advantage or allows for the impersonation of another person, nor will you encourage or assist others to do so.
viii. You will not use or attempt to use our Services to build, assist in building, promote, or otherwise support any game or service that may compete with or disadvantage our Services.
ix. You will not scan, explore, or test the Game software or Services to detect vulnerabilities, gain unauthorized access, or breach security mechanisms.
x. You will not create, or attempt to create unauthorized connections to the Game, including emulating servers or using programs not approved by the Company to connect to the Game.
xi. You will not cause or attempt to cause disruption, modification, or damage to the Game, Game servers, or any Account, system, hardware, software, or network connected to or provided by the Company for any reason, including to gain an unfair advantage in the Game.
xii. You will not take automated actions within the Game including but not limited to using software, technology, or devices to send content or messages, scrape, spider, crawl, “mine”, intercept, or collect data from the Game or its Services without express authorization. Additionally, you will not take actions that impose or may impose an unreasonable burden on our infrastructure.
xiii. You must comply with the rules established by the administration for any Game event. You are prohibited from using Game mechanics or features that the rules explicitly forbit, even if their use is technically possible at the time. Event Rules set by the administration are an integral part of these Terms of Service, and any failure to adhere to them constitutes a violation of these Terms.
General Prohibitions.
xiv. You will not Improperly use our support services, including by submitting false reports.
xv. You will not disrupt or attempt to disrupt the normal flow or usage of the Game, in-game chat, or any other person’s use or enjoyment of the Game.
xvi. You will not provoke, encourage, or enable other users to violate any clause within these Terms of Service or the Total Battle Policies or to violate any provisions of national and/or international laws or regulations.
xvii. You will not violate any rights of any party including privacy and publicity rights, or any intellectual property rights (copyrights, trademarks, patents, or trade secrets).
xviii. You will not copy, modify, or distribute or attempt to copy, modify, or distribute content from the Game, except as specifically authorized by Us.
xix. Except where permitted by law or relevant open source licenses, you will not modify, reproduce, distribute, publicly display or perform, translate, deconstruct, reverse engineer, decompile, disassemble, or decipher the Game software or otherwise try to derive the source code of the Game and/or other confidential contents, including but not limited to Game elements that have not yet been voluntarily published by the Company as a public presentation but have already been sealed in the Game installation package.
xx. You will not remove or obscure any proprietary notices within the Game.
xxi. You will not participate in any action that we reasonably believe does or may defraud any other player, including by means of scamming or social engineering.
xxii. You will not act or allow any behavior that violates the rules of a third-party platform, provided that access to the Service is acquired via such a platform.
xxiii. You will not breach any clause in these Terms of Service, the Privacy Policy, the EULA, the Payment Policy, and the Refund Policy. In addition, you will not facilitate activity that infringes the rights of any third party or violate the provisions of any applicable national and/or international laws or regulations.
xiv. You will not do anything to bring the Company into disrepute.
xv. You will not engage in any other prohibited and/or illegal conduct.
5.5. Taking into consideration the constant development of the Game and the environment it operates in, for the purposes of safeguarding the idea behind the Game and the comfort of Game users, as well as for the purpose of preserving the common morally established norms of behavior, the Company is entitled to take any of the following measures (or a combination thereof) against the Accounts of users who fail to comply with this Code of Conduct or whom the Company suspects of failing to comply with this Code of Conduct, depending on the severity of the circumstances, and to publish the results accordingly:
a. Issuance of a warning by the Company.
b. Temporary or permanent suspension of your Account in the future. Account suspension does not grant you the right to any refunds and/or compensation, even if at the time of the suspension, you had unused virtual goods. You acknowledge and agree that, in case of the temporary suspension of your Account pursuant to this agreement, we are entitled to determine the duration of the suspension based on the severity of your violation.
c. Rolling back of in-game progress that was derived from any actions that did not comply with these Terms of Service, the rules, and the Code of Conduct. Rolling back your in-game progress doesn’t grant you the right to any refunds and/or compensation even if at the time of the rollback, you had any unused virtual goods.
d. Filing a corresponding civil action against your violation of the applicable laws and regulations, claiming against you for your infringement, breach of contract, or other civil liability, and claiming compensation from you in relation to any losses suffered by the Company as a result of your violation of the law (including direct financial losses, loss of reputation or goodwill suffered by the Company, and the Company’s payment of compensation, settlement fees, attorney’s fees, litigation costs, and other indirect losses), or referring the case to the relevant administrative authority for administrative punishment, or referring the case to the judicial authorities for the purpose of pursuing your criminal liability.
e. Restricting or prohibiting you from using game-specific features, including but not limited to making purchases in the Game or using in game chat features.
f. Hiding, removing, and resetting content, including but not limited to hiding, removing and resetting or forcibly modifying illegal usernames, pictures, comments, in game messages, and any other illegal information or content that you provide or upload. We reserve the right to change your display name if we deem it offensive, misleading, potentially infringing the rights of third parties or if you have been inactive for more than a year.
g. Resetting content, including but not limited to removing all or a portion of virtual goods and/or all or part of the game progress that was derived from or acquired as a result of any actions that were non-compliant with these rules and the Code of Conduct, or with our Terms of Service, or from the use of any features of the Site or Service for anything other than their intended purpose.
h. Imposing user mutes against you in specific groups, chats, or channels for violations of our Terms of Service or Community Guidelines. This action temporarily restricts your ability to post, send messages, or participate in communication within specific channels within the game. The duration of the mute is determined at our discretion, depending on the severity of the violation, and may range from a few hours to several days. Repeated violations may result in longer mute durations or additional penalties.
The above list of measures is not exhaustive. We reserve the right to take any other actions that we deem appropriate.
In the event of a breach of any of the above, we will evaluate each incident on a case-by-case basis, and we will decide at our sole discretion what actions, if any, we will take, without providing an explanation and/or informing the appropriate authorities.
5.6. We have no obligation to monitor or record your access to or use of our Services, any online activities within our Services, or user-generated content. However, we reserve the right to do so for purposes such as operating our Services and improving our services, ensuring compliance with these Terms, detecting and preventing cheating or hacking, addressing toxic player behavior, protecting the rights and safety of users, and complying with applicable law, court orders, or requests from governmental authorities. Monitoring may involve automated tools or manual reviews and, where permitted by applicable law, may include the collection, access, and recording of data related to your use of the Services and interactions within the Game. By accepting these Terms of Service, you give us your express consent to access, monitor, and record your activities within the Services, including gameplay, communication logs, and usage data, as outlined in our Privacy Policy. Please review our Privacy Policy for further details on how your data is collected, used, and protected.
5.7. Reporting of Illegal Content: If you encounter illegal content, including content that violates our Code of Conduct, you are encouraged to use the in-game reporting mechanism to notify us. This tool allows users to flag inappropriate or illegal content for review. We are committed to promptly addressing such reports and taking appropriate action in accordance with our Terms of Service, applicable policies and applicable laws. Your cooperation helps us maintain a safe and compliant environment for all users.
5.8. If you encounter a potential violation of our Terms of Service and/or the Code of Conduct by another user, please bring the matter to our attention by contacting our support team at support@totalbattle.com. When submitting a report, please provide all relevant documentation regarding the reported violation, including evidence of the behavior and/or messages being reported, to facilitate a proper investigation. Please note that by submitting a report, you confirm that the information provided is accurate to the best of your knowledge and that you have the right to share it with us. We will handle all reports in accordance with our Privacy Policy.
6. USER-GENERATED CONTENT
6.1. Definition of UGC: User Generated Content (hereinafter referred to as “User-Generated Content” or “UGC”) refers to any content you publish, upload, or make available within the Game, Services, forums and Social Medial related to the Game and Services. This includes, but is not limited to, nicknames, usernames, clan descriptions, gameplay, videos, posts, notes, suggestions, ideas, scripts, graphics, artwork, animations, fan art, screenshots, text, music, sounds, images, fan webpages, communications, chat messages, profile content, and all the material, data, and information that you publish, upload or make available within the Game and Services.
Messages exchanged between players, whether via private in-game messages, public chats or forums, are also considered UGC and are associated with your Account.
6.2. Licensing your UGC: By uploading your UGC, or making it available via the Game or our Services, you grant us an exclusive, perpetual, transferable, sublicensable, worldwide, fully paid-up, royalty-free, irrevocable right and license to store, publish, print, distribute, reproduce, copy, create derivative works from, perform, adapt, display, publicly perform and display, translate, exploit, transfer, host, sublicense, make available, communicate, and use your UGC for any purpose, including operational and commercial purposes (e.g., for advertisements), marketing and promotions, in whole or in part, within the Game or on any platform.
This license is granted without notice or compensation to you, provided that such use complies with our Privacy Policy. You warrant and represent that you are the exclusive copyright and intellectual property rights holder for the submitted content and that your submission does not breach the rights of any other person or entity. Except as prohibited by law, you waive any approval rights and moral rights to your UGC, even if altered or used in ways not agreeable to you. If applicable laws do not allow for waiver of moral rights, instead you grant us the right to use your UGC and all elements of it with or without your name or username, as well as to freely edit your UGC. We do not claim any ownership rights in your UGC and nothing in these Terms of Service is intended to restrict any rights that you may have to use your UGC. These terms survive termination of the agreement.
6.3. Responsibility for UGC and Screening: We do not pre-screen, approve, or endorse the UGC including content uploaded or made available by you or other users via the Game or our Services. You and other users create, download, and use User-Generated Content at your own risk.
We may or may not regulate UGC, and do not guarantee the accuracy, quality, or integrity of any UGC shared via the Game or Services. By using the Game, you acknowledge that you may be exposed to material you find offensive or objectionable. We shall not be responsible for your or others’ UGC.
We keep records of your interactions within the Service, including but not limited to chat texts and other communications. By agreeing to these Terms of Service, you provide us with your irrevocable consent to monitor and record such activities. You acknowledge and agree that you have no expectation of privacy regarding any UGC, including chat text and other communications.
We are not obligated, but we reserve the right to edit, move, block, disable, control, remove (temporary or permanently), refuse to publish any UGC and/or to take any other actions that we deem appropriate in respect to UGC that we believe violates these Terms or does not meet the conditions outline herein. These actions may be taken without prior notice, for any reason or for no reason, and without liability to you or any third party.
6.4. UGC Requirements: When uploading UGC, you agree to the following:
a. Any part of UGC that comprises, incorporates, or otherwise relates to any of our IP rights becomes and remains our property.
b. You affirm, represent and warrant that your UGC is not in violation with any laws and does not contain any material that is illegal, offensive, defamatory, or could cause reputational harm or to us or third parties.
c. Except where prohibited by law, you waive and agree not to assert any moral rights or similar rights you may have to your UGC against us.
d. You are solely responsible and liable for your UGC. We do not bear any liability for your behavior or content and do not provide support for UGC.
e. We are not responsible for monitoring or recording any activity or communications in the Game. However, we may do so as necessary to investigate violations of these Terms of Service, enforce the agreement, or protect the rights and property of the Company and its customers.
f. You must not claim or suggest that any UGC is endorsed, supported, or affiliated with us.
g. You must not upload or share any materials that belong to third parties unless you have explicit authorization to do so.
h. You affirm, represent and warrant that your UGC does not infringe upon the intellectual property rights, privacy, or other rights of third parties or breaches these Terms of Service.
i. If you have information or ideas that you wish to keep confidential or do not want others to use, do not submit or share them via the Game or Services. We cannot guarantee that others will not use the ideas or information you share. We are not responsible for evaluating, using, or compensating you for any ideas or information you submit. Sharing or relying on information on the forums, is at your own risk.
j. You affirm, represent and warrant that your UGC is free of viruses, Trojan horses, RATs, time bombs, adware, spyware, worms, keyboard loggers, corrupted data, and other malicious or invasive code or programs that may harm the Game, systems, personal data, or the devices of other users, or disrupt the operation of the Game.
k. You agree to cooperate with us in resolving any disputes arising from your UGC.
l. You acknowledge and agree that any of your personal information within the UGC will always be processed by the Company in accordance with its Privacy Policy.
6.5. If your UGC violates these Terms of Service or the conditions outlined in this section in any way, we reserve the right to take the actions listed under Section 5.5 above. These actions may include, but are not limited to, editing, blocking, disabling, removing, or refusing to publish your UGC, either temporarily or permanently, without prior notice and without liability to you or any third party.
6.6. Interactions with Other Users: You are fully responsible for all interactions you have with other users of the Game and Services, as well as any third parties you engage with through the Game. While we reserve the right, we have no obligation to become involved in any way with any disputes between users. If requested, you agree to cooperate with us in investigating any suspected misconduct, fraudulent activity, or violations of these Terms, which may include providing access to certain parts of your Account. Should a dispute arise between you and another user, you release us, from any claims, demands, or damages (both actual and consequential) of any kind, whether known or unknown, arising from or connected to such disputes.
6.7. Suggestions and User Submissions: We welcome your feedback on the Game and Services but ask that you refrain from submitting any creative ideas, suggestions, or materials that we have not specifically requested. This helps prevent any misunderstandings about future projects that might appear similar to what you submit. If you still choose to submit such materials, you agree that we may use, adapt, share, or modify them in any way we see fit, without any obligation to you, including compensation or acknowledgment. By submitting these materials, you waive any rights you may have to them, to the fullest extent permitted by law.
6.8. Contests: By participating in contests organized by the Company, you agree to these Terms of Service and the Privacy Policy. Additional rules for individual contests (hereinafter referred to as "Contest Rules") will be provided in the respective contest announcements and will form an integral part of these Terms, binding on all participants.
6.8.1. Contests are open to individuals aged 18 or older unless stated otherwise in the Contest Rules. Employees, affiliates, contractors, and immediate family members of individuals directly associated with the contest organization are not eligible to participate.
6.8.2. Contest Rules: Each contest announcement will include details such as participation rules, eligibility criteria, entry instructions, deadlines, prize details, and other applicable terms. The Contest Rules are binding on all participants who are responsible for thoroughly reviewing and adhering to them.
6.8.3. Only one entry per participant is permitted unless expressly allowed by the Contest Rules. Multiple entries, late submissions, violations of the Contest Rules, or any engagement in unfair practices and fraudulent behavior will result in disqualification.
6.8.4. Prizes are non-transferable, non-exchangeable, and cannot be redeemed for cash or other alternatives unless stated. The Company may substitute prizes with items of equal or greater value if necessary. Taxes, customs duties, or fees associated with prize receipt are the sole responsibility of the winner.
6.8.5. Any decision made by the Company regarding the selection of a contest winner and the applicable prize per content shall be made solely at the Company’s discretion and shall be final. Winners will be notified as specified in the Contest Rules. Failure to respond within the given timeframe may result in prize forfeiture and the selection of an alternate winner.
6.8.6. Participants engaging in violations of the Terms of Service and Contest Rules, fraud, misconduct, or actions that undermine the Company’s integrity or reputation may be disqualified, forfeit prizes and be banned from future contests.
6.8.7. The Company is not responsible for technical issues or disruptions affecting a participant's ability to enter or participate in the contest. Participation is undertaken at the participant's own risk. The Company shall not be liable for any damages, injuries, or losses arising from participation in the contest or from the use, misuse, or inability to use awarded prizes. All prizes are provided "AS IS" without warranty or guarantee of any kind, express or implied.
6.8.8. Participants agree to indemnify, defend, and hold harmless the Company, from and against any claims, damages, or liabilities arising from or related to contest participation, submission of entries, Rule and Terms breaches, or prize use.
6.8.9. The Company reserves the right to amend, suspend, or cancel any contest at its sole discretion due to unforeseen circumstances, fraud, or technical issues. Any changes will be communicated through the contest platform or other appropriate channels.
7. VIRTUAL GOODS, PURCHASES, BILLING
7.1. Access to Virtual Goods: Access to the Game and certain gameplay features is free of charge. The Game offers opportunities to acquire a license to access content, including but not limited to, virtual items, additional features, and certain in-game services (collectively “Virtual Goods”). We may provide various opportunities to obtain a limited license to access Virtual Goods, including purchasing them from us or unlocking them through gameplay achievements.
7.2. Limited License and Ownership: When you acquire Virtual Goods, YOU OBTAIN A LIMITED, PERSONAL, REVOCABLE, NON- EXCLUSIVE, NON- TRANSFERABLE, NON-SUBLICENSABLE, AND NON-COMMERCIAL LICENSE to use them solely within the Game, as permitted by these Terms of Service.
7.2.1. VIRTUAL GOODS REMAIN THE PROPERTY OF THE COMPANY AT ALL TIMES. You do not have ownership, monetary value, or other proprietary interest in any Virtual Goods, regardless of how they were acquired. You can’t obtain any refunds for purchasing a license to access Virtual Goods, except as expressly permitted by us.
7.2.2. CONTROL AND MODIFICATION: We reserve the right to control, regulate, manage, modify, re-price, limit, remove, or discontinue Virtual Goods at any time, with or without prior notice. To the fullest extent permitted by law, we shall have no liability to you or any third party in the event that we exercise any such rights.
7.3. Purchase Terms: Before purchasing Virtual Goods from us, you must:
a. Be at least 18 years old or older if required by applicable law or have your parent/legal guardian’s consent to the respective purchase and these Terms of Service.
b. Are the authorized Account holder for the Account from which the purchase is being made, and you are authorized to use the specific payment information (e.g., credit card details).
c. If payment information, such as credit cards or bank account details, is jointly owned or accessible by more than one person, the responsibility to inform the other party(ies) of any purchases made using our Game and Services rests solely with the account holder. If the account holder fails to inform the co-owner(s), we will consider these purchases authorized by all parties with access to the payment information.
d. Ensure all information and payment details you submit are true and accurate.
e. Agree to pay all fees, taxes, and charges associated with your purchase.
7.4. Immediate Performance of Agreement: When making online purchases in the Games, you agree that the performance of the purchase agreement for Virtual Goods will start immediately, and before the expiration of any statutory withdrawal period defined under applicable laws. You explicitly consent to the delivery of the Virtual Goods you purchase before the end of the withdrawal period, and you acknowledge that you will lose any right to withdraw from your purchase once it has been processed.
7.5. Account Termination: If your account is closed, terminated, suspended, blocked, modified, or deleted for any reason - including but not limited to a violation of these Terms of Service and/or our Policies, or - if we discontinue our Games, you forfeit any and all Virtual Goods that you have earned or purchased. YOU ACKNOWLEDGE THAT THE COMPANY WILL NOT BE REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS OR FOR ANY RESULTING LOSSES, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
7.6. Pricing and Purchase Process: The prices for Virtual Goods are displayed in euros, US dollars, or the currency applicable to your location. Prices will either be shown in the description of the corresponding Virtual Goods, or on the “Buy” button. To complete a purchase, you must confirm your selection by clicking the relevant button.
7.7. Payment Processing: The Company does not store or process transactions directly. Payments are handled by third-party platforms (e.g., Apple, Google, Steam) and third-party payment processors. You must also comply with all the terms and conditions. The charging and billing are subject to the rules of the relevant platforms and processors. SCOREWARRIOR LIMITED disclaims any liability of any nature for the actions or policies of these third-party platforms and processors.
7.8. Accuracy of Payment Information: If any of our associate payment service providers or platforms notify us that the personal and/or financial information you provided is untrue, inaccurate, or incomplete, we reserve the right to annul the related financial transactions, revoke all associated licenses that were acquired through such transactions, and refer the details of these incidents to the appropriate authorities.
7.9. Purchase Confirmation and Review: Before finalizing your purchase by clicking on any button by carrying out another action (e.g., sending a message), you must carefully review the details of your purchase. This includes, but is not limited to, the selected payment method, total price, and all applicable taxes and charges. If you find any errors, you should correct them or cancel the purchase before proceeding.
7.10. Processing Time and Support: We aim to process purchases as quickly as possible, but under certain circumstances, processing may need up to 72 hours. Delays may occur due to internet connection issues, payment service provider errors, or other technical difficulties. In most cases, payments will be processed within this timeframe. If neither occurs after 72 hours, please contact our support team at support@totalbattle.com for assistance.
7.11. Pricing and Offers: In respect to Virtual Goods, we reserve the right to:
a. Offer different packages of Virtual Goods or prices to users.
b. Modify the packages of Virtual Goods or price sets available to any user of the Game at any time, at our sole discretion.
c. Change the price of Virtual Goods at any time at our sole discretion.
d. Decline purchase requests as deem necessary.
e. Restrict the Virtual Goods available for purchase and/or use based on your location due to varying policies or requirements in different regions.
7.12. Additional Rules for Virtual Goods:
a. Account Responsibility: In order to purchase Virtual Goods, you need an Account, and you are solely responsible for all purchases made through your Account, regardless of whether or not they were authorized by you
b. Redemption and Cash Value: Virtual Goods are intangible and have no real-world monetary value. They cannot be redeemed for cash or any monetary value from us or any other person or entity, exchanged, or refunded outside the Game environment.
c. Fees and Charges: Any applicable fees and charges associated with your Account or Services provided by us are non-refundable, except as stated in these Terms of Service or required by applicable law.
d. Transfer or Sale: You cannot sell, transfer, or attempt to sell or transfer Virtual Goods to anyone unless explicitly permitted within the Game. Any such actions must occur exclusively through the Game’s designated interface and comply with the Game's rules.
e. Authorized Acquisition: You may only purchase and acquire Virtual Goods directly from us through the Game and not in any other way. Acquiring Virtual Goods from unauthorized sources or by unauthorized means is strictly prohibited.
Exchange Restrictions: Virtual Goods cannot be exchanged for cash, goods or services outside the Game. Exchanges for other Virtual Goods are allowed only if explicitly permitted within the Game.
7.13. Refund Policy: Once you purchase Virtual Goods, those Virtual Goods are final, non-refundable, and non-exchangeable (whether or not you use them) unless otherwise expressly stated in these Terms of Service or required by applicable law. If you believe that you are entitled to request a refund under our Terms of Service, and the Payment and Refund Policy, please contact our support team at support@totalbattle.com. We have processes in place to ensure that all valid refund claims are granted. To prevent fraud, if more than one chargeback is made concerning your game account, we reserve the right to permanently suspend the account. ALL PURCHASES OF VIRTUAL GOODS ARE FINAL AND NON-REFUNDABLE EXCEPT WHERE REQUIRED UNDER APPLICABLE LAW.
7.14. Right of withdrawal: If you are a resident of the European Union, you have the right to withdraw from a purchase of Virtual Goods within 14 days of your purchase. However, this right of withdrawal does not apply in cases where the performance of our Services begins before the end of the 14-day period. You hereby expressly acknowledge that you lose your right of withdrawal once the performance of our Services has begun, and your account has been provided with access to the Virtual Goods. You agree that the supply of Virtual Goods and the performance of our Services begin immediately after you complete your purchase. Therefore, you understand that by purchasing Virtual Goods, you acknowledge that we make Virtual Goods available to you immediately after we have accepted your order and that once access to the Virtual Goods has been enabled on your Account, the contract has been fully performed by us.
7.15. Changes to Virtual Goods: We may update or modify Virtual Goods to maintain game balance, comply with legal requirements, or enhance gameplay. These changes may impact the functionality or availability of Virtual Goods without prior notice.
8. UPDATES TO THE GAME
8.1. We may from time to time automatically provide enhancements or improvements to the features or functionality of the Game, which may include patches, bug fixes, error fixes, fixes for game vulnerabilities, updates, upgrades, additional content, and other modifications (hereinafter “Updates”). These Updates may apply to the Game, its downloadable client, mobile application, or any other platform on which the Game is available. Updates may be applied automatically, using background patching, without requiring any action from you. You may also be required to manually install certain Updates or download the latest version of the application or client to continue accessing the Game.
8.2. We reserve the right to stop/interrupt the Game during Updates at any time, including but not limited to during game events, for the necessary period. Such interruptions may result in temporary loss of access to the Game and/or setbacks in your gameplay progress. These interruptions are sometimes required to enable us to continue maintaining the Game. Updates may also require you to update certain third-party software, and it is your responsibility to ensure that such updates are applied to maintain access to the Game.
8.3. Updates may improve, update, upgrade, limit, modify, replace, discontinue, or delete certain features and/or functionalities of the Game, its downloadable client, or mobile application, including but not limited to graphics, gameplay, and any other content at any time. We may also need to change or discontinue such features for all or any users from time to time for reasons including technical, legal, financial, or business factors. Updates may also require you to update or reinstall the application or client and/or update certain third-party software. You acknowledge and agree that Updates may change the technical specifications required to access and play the Game, and it is your responsibility to ensure that your system meets these updated requirements.
8.4. You hereby accept, recognize, understand, and agree that we have no obligation to (i) provide any Updates, (ii) continue to provide or enable any particular features and/or functionalities of the Game to you, or (iii) provide you with any refunds or compensation in relation to Updates and/or in relation to the time that the game was under maintenance (the time for which the Game was interrupted).
8.5. You acknowledge that your use of the Game does not grant you any monetary or proprietary interest in any aspect or feature of the Game. This includes, but is not limited to, any in-game Virtual Goods or character levels. Any character data, game progress, game customization, or other related data may cease to be available to you at any time, without prior notice, including, after a patch, update, or upgrade. We do not have any maintenance or support obligations with respect to the Game. You agree that Updates may include balance adjustments (“nerfs” or “buffs”) to gameplay, features, or Virtual Goods for reasons including, but not limited to, technical, legal, or business considerations.
8.6. You acknowledge and agree that certain features, content, or functionalities of the Game may have a limited lifecycle or may be removed entirely due to legal, technical, or business reasons. We reserve the right to discontinue content with or without notifying you.
8.7. For significant updates or changes that impact the Game substantially, we will endeavour to provide advance notice. However, you acknowledge and agree that such changes may still be implemented with or without notice.
8.8. You further agree that all Updates will be (i) deemed to constitute an integral part of the Game and (ii) subject to the terms and conditions of these Terms of Service.
8.9. We reserve the right to modify, suspend, or discontinue the Game or any Service, either temporarily or permanently, at our sole discretion.
9. TESTING ENVIRONMENT
9.1. We may allow you to participate to a closed testing environment for new or experimental versions of the Game or related features (hereinafter “Testing Environment”), either directly or through authorized third-party platforms. By participating, you (hereinafter “Tester”) agree to test, evaluate, and provide feedback on the Game or specific features as requested by the Company, including bug reports and suggestions and to comply with the Company's reasonable requests and instructions. All feedback you provide becomes the exclusive property of the Company, including all related intellectual property rights. The Company may use, modify, and exploit your feedback without compensation.
9.2. You hereby agree that all intellectual property in the Testing Environment, including but not limited to the Game, features and its content, is owned exclusively by the Company. Your participation in the Testing Environment does not grant you any ownership, license, or other rights in the Game or its content beyond the limited, revocable license provided solely for testing purposes and does not establish any employment, partnership, or ownership rights neither entitles you to any compensation recognition nor claims of ownership.
9.3. Access is restricted to authorized Testers and intended only for testing. You must not:
a. Share access credentials or grant unauthorized access.
b. Reverse engineer, copy, modify, or exploit any part of the Testing Environment.
c. Use the Testing Environment for any unauthorized or commercial purposes.
9.4. Confidential Information includes all data related to the Game and the Testing Environment, such as performance, features, functionality, contents, your Feedback, other participants' Feedback, Company comments, and future Company operations. You must not publish, disclose, distribute, or make Confidential Information available to any third party in any form.
9.5. Any content, progress, or virtual items acquired during testing may be reset at any time without compensation and are not transferable to the commercial version of the Game.
9.6. The Testing Environment is provided "AS IS" and may contain errors. The Company makes no warranties and may terminate access at its discretion. You indemnify the Company from any claims, losses, damages, expenses, or costs (including reasonable legal fees) or liabilities arising from your participation.
9.7. You confirm that you are not affiliated with any owner, employee, supplier, independent contractor, officer, or director of any organization or entity involved in the development, manufacturing, or publishing of video or computer games.
9.8. Testing though third-party platforms requires compliance with their terms. The Company is not liable for third-party actions or data handling.
9.9. These Terms, including confidentiality, intellectual property, and feedback provisions, remain binding during and after your participation in the Testing Environment.
10. SAFETY WARNINGS
10.1. Some individuals may experience seizures or loss of consciousness when exposed to certain flashing lights or patterns, even without a history of epilepsy. If you or anyone in your family has experienced symptoms related to epilepsy, consult your doctor before playing.
10.2. We advise that parents should monitor the use of the Game by their children. If you or your child experience symptoms such as dizziness, blurred vision, muscle twitches, loss of consciousness, or convulsions while playing, STOP IMMEDIATELY and consult a doctor.
10.3. Some may experience discomfort, such as motion sickness, dizziness, or eye strain, during gameplay. If discomfort occurs, stop playing, rest and consult a doctor if needed.
10.4. To minimize risks while playing: Sit a safe distance from the screen, use a smaller screen, if possible, avoid playing when tired or sleep-deprived, play in a well-lit room and take a 10–15-minute break every hour.
11. CONSUMER RIGHTS
11.1. If any of the provisions of these Terms of Service regarding consumer rights contradict any of the provisions of applicable consumer protection law, the respective provisions of these Terms of Service shall not be applied.
12. THIRD-PARTY SERVICES
12.1. Links to Third Party Services
12.1.1. The Game may display, include, or make available third-party content such as data, information, applications, and other products and services, or provide links to third-party websites, platforms, or services, including advertisers and other content providers (collectively referred to as “Third-Party Services”).
12.1.2. You acknowledge and agree that SCOREWARRIOR LIMITED does not own, control, or operate any Third-Party Services. Third-Party Services may collect data from you, and we are not responsible for the content, accuracy, availability, functionality, policies, privacy practices, collection or use of personal information, or any other aspect of Third-Party Services. This includes, but is not limited to, their timeliness, copyright compliance, legality, decency or quality. We assume no liability or responsibility for any loss or damage resulting from your access to or use of Third-Party Services.
12.1.3. Any links to Third-Party Services or their inclusion in the Game are provided solely for your convenience. Accessing or interacting with Third-Party Services is entirely at your own risk and subject to the terms and conditions of those third parties. We do not endorse or guarantee the information, products, or services provided by Third-Party Services, nor do we have any obligation to monitor their activities. For more information about Third-Party Services and their data collection practices, please refer to our Privacy Policy.
12.2.Third Party Platforms. You may access the Game and Services through authorized third-party stores, platforms, or providers (each referred to as a “Third-Party Platform”). By doing so, you acknowledge that these Terms of Service form an agreement between you and SCOREWARRIOR LIMITED, not between you and the Third-Party Platform. You also agree to comply with all applicable terms of service, licenses, and policies of the Third-Party Platform when accessing or using the Game or Services through them.
13. TERMINATION OF THE TERMS OF SERVICE
13.1. These Terms of Service shall remain in effect until terminated by you or SCOREWARRIOR LIMITED.
13.2. Termination by SCOREWARRIOR LIMITED:
13.2.1. We may, at our sole discretion, and in addition to any other remedies, suspend or terminate your account either temporarily or permanently for any of the following reasons:
a. Breach of these Terms, Related Policies or applicable law.
b. Suspected fraud, unlawful or improper use, or creating legal liabilities for the Game or Services.
c. Acting in a manner that we reasonably determine to be in the best interests of our community or the Game, or as required to uphold the rights of third parties.
d. Suspicion of unauthorized payment activity: If we are required to refund payments made from your account without authorization, or if we reasonably suspect you have used another person’s payment details without their consent.
e. Account inactivity: If your account has been inactive for 5 (five) years, even if purchases have been made from that account and regardless of the level reached in the Game. Additionally, if your account has been inactive for 60 days, was registered 90 days ago or more, no purchases have been made from the account, and you have not reached a certain level in the Game.
13.2.2. Discontinuation of the Game or Services: We reserve the right to stop offering the Game or a portion of the Services at any time. In such event, your right to use the Game or Services and your access will be automatically terminated. In such event, will not be entitled to refunds or compensation for unused Virtual Goods or other benefits.
13.2.3. Consequences of Termination: If your Account is suspended or terminated, you will lose all access to your Account, the Game, the Services, and any associated Virtual Goods. We may also restrict your ability to create or access any future accounts or use any of our Services. Permanent suspension results in the closure of your Account and termination of these Terms of Service.
Upon suspension or termination, you may lose your username, characters, and any earned or purchased Virtual Goods.
Account suspension or termination does not entitle you to refunds or compensation for any losses, including unused Virtual Goods, progress, or benefits, regardless of whether the suspension or termination was temporary or permanent.
By using the Game and Services, you acknowledge and accept the risk of account suspension or termination in accordance with these Terms. You agree to comply with all terms to avoid such actions.Termination of Multiple
Accounts and Progresses/Characters: If you have multiple accounts associated with the Game, we reserve the right to terminate all of your accounts, including any associated progress or characters, depending on the type and severity of the violation or misuse. If your account includes multiple progresses or characters, all progresses and characters linked to the account may be terminated or suspended, not just a single progress or character. You will not be entitled to refunds or compensation for unused Virtual Goods, lost progress, or characters associated with these accounts.
13.2.4. If you are in breach of these Terms of Service, we reserve the right to take appropriate actions depending on the seriousness of the breach, including:
a. Temporarily or permanently suspending your access to specific features, content, or services within the Game while allowing access to other parts,
b. Suspending or permanently terminating your access to individual parts of the Game or Services, including any associated Virtual Goods or other content,
c. Suspending or permanently closing your account, which may include restricting your ability to access the Game or any associated services in the future.
d. Additionally, we may delay or remove hosted content and take technical or legal steps to prevent users from accessing the Game or Services.
In certain cases, we may issue warnings, suspend or modify your access to specific parts of the Game or your account, or remove content that violates these Terms, rather than immediately terminating your account.
These actions are cumulative, and repeated or serious breaches may result in permanent termination of your account and the loss of access to any associated Virtual Goods or progress. We reserve the right to take any necessary actions, including reporting violations to relevant authorities, to protect the Game, its users, and third-party rights.
Warnings and Opportunities to Cure: For first-time or minor breaches, where appropriate, we may issue warnings and provide an opportunity to rectify the issue before taking further action.
Investigation of Fraud or Misconduct: If we suspect fraud or other misconduct, we may temporarily suspend access while conducting an investigation. If the breach is confirmed, we reserve the right to terminate access and report the issue to relevant authorities.
No Refunds or Compensation: Any actions taken, including suspensions or terminations, will not entitle you to refunds or compensation for unused Virtual Goods or lost progress, unless required by applicable law.
13.3. Termination by you
a. You may delete your Account and terminate these Terms of Service at any time without providing a reason by contacting our support service at support@totalbattle.com or through the in-game support interface. You can also do this by using the in-game 'Delete' button located in the account section of your game account.
b. If you choose to delete your Account and terminate these Terms of Service, you will not be entitled to any refunds, or compensation, including for any losses or damages, even if you had unused Virtual Goods at the time of closure.
c. Your game progress and Virtual Goods (whether purchased or earned during gameplay) are directly linked to the existence of your account. If you delete your account, or if we terminate it for any reason outlined in these Terms, your progress and Virtual Goods will be permanently lost and cannot be restored, even if you later change your mind.
13.4. Upon termination of these Terms of Service, we will delete or anonymize your personal information, except where required by applicable law or for data legitimate business purposes.
13.5. Upon termination of these Terms of Service, all rights granted under will terminate immediately and you must cease using the Game and delete all associated files from your devices.
13.6. Termination of these Terms of Service will not limit any of SCOREWARRIOR LIMITED’s rights or remedies at law or in equity in case of breach by you (during the term of these Terms of Service) of any of your obligations under the present Terms of Service.
13.7. If you believe that your Account has been suspended in error, please contact our support team with relevant details at support@totalbattle.com. While the investigation is ongoing, the suspension or termination will remain in effect.
13.8. Sections 2, 12-18 of this Agreement survive termination of this Agreement.
14. INDEMNIFICATION
14.1. Indemnification. You agree that you are responsible for your use of the Game and to indemnify, defend, and hold the Company and its parents, subsidiaries, affiliates, officers, employees, officers, agents, partners, licensors, and other representatives (if any) harmless from any third party claims, losses, costs, liabilities damages, actions, demands, or expenses, including reasonable attorneys’ fees, due to or arising out of or in connection with: your omissions, negligence, or misuse related to your use or alleged use of the Game; (b) your violation of these Terms of Service, any referenced agreements, or any applicable law or regulation; or (c) your violation of any third party rights, including but not limited to those of other users; (d) your use of a third-party service; (e) user-generated content and suggestions provided by you. This indemnification obligation applies only to the extent permitted by applicable law. If the law in your jurisdiction prohibits you from assuming this indemnification obligation, you instead assume, to the extent permitted by law, all liability for any claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, court costs, and expert witness fees) arising out of or related to the circumstances described above.
14.2. Equitable Remedies. You acknowledge that a breach of these Terms of Service may cause irreparable harm to SCOREWARRIOR LIMITED, for which monetary damages alone would not be a sufficient remedy. In such cases, you acknowledge that we shall be entitled to seek appropriate equitable relief, such as injunctive relief or specific performance, without the need to post a bond, other security, or provide proof of damages. This entitlement is in addition to, and does not limit, any other remedies available to us under applicable laws. Additionally, you agree that you waive any rights to seek injunctive or other equitable relief that would restrict or interfere with the operation of the Game, its Services, or any associated content, and agree to limit your claims to monetary damages, if applicable.
14.3. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you agree that you will fully cooperate with the Company in asserting any available defences. You will not in any event settle any claim without our prior written consent. You agree that the provisions in this section will survive any termination of your Account, these Terms of Service, or your access to the Service.
15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
15.1. Disclaimers: To the fullest extent permitted by applicable law, the Game and the Services all content available through the Game and Services are provided to you on an “AS IS” and “AS AVAILABLE” basis, without any warranties or conditions of any kind, whether express, implied, statutory or otherwise, including without limitation, all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties that may arise from the course of dealing, performance, usage, or trade practices. Without limiting the foregoing, the Company makes no warranty, representation, or undertaking that the operation, security, or availability of the Game, Services, or the information, content, materials, or products included therein will meet your requirements, achieve intended results, or be compatible with any software, applications, systems, or services; that the Game and Services will operate without interruption, meet any performance or reliability standards, or be accessible at all times or locations of your choice; that the Game, its servers, its content, or any emails sent by the Company are free from bugs, viruses, malware, or other harmful components; that any information or content provided through the Game will be accurate, reliable, or current; that the Game or content will be error-free; or that any errors or defects can or will be corrected. The Company further does not warrant against interference with your enjoyment of the Game and Services, or that the Game and Services will be free from corruption, hacking, unauthorized access by third parties, or damage to your property, including your devices or systems, or loss of data resulting from your use of the Game or Services, or from the download or use of any materials or content. To the fullest extent permitted by applicable law, no oral or written statement or advice provided by the Company or its authorized representatives shall create any warranty. You assume all responsibility for your use of the Game and Services.
15.2. We are not responsible for your installation, use of and results obtained from our Game and Services.
15.3. Some jurisdictions may not allow the exclusion of certain warranties or conditions, and you may have additional rights that vary depending on your jurisdiction.
15.4. The Company shall not be liable for any delay or failure of the Game and/or the Services resulting from causes outside the reasonable control of the Company, including without limitation any delay or failure of the Game and/or the Services due to unforeseen circumstances or causes beyond the control of the Company. These include, but are not limited to, acts of God, war, terrorism, riots, bomb-threats, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, shortages of transportation facilities, fuel, energy, any other resources, or materials or labor, hacking, cyber-attacks, data corruption/loss, provided we have made reasonable efforts consistent with industry standards to prevent such occurrences.
15.5. Additionally, we do not guarantee that:
a. The Game or the Services will meet your expectations or requirements.
b. The quality of any products, services, information, or other materials purchased or obtained by you through or in connection with the Game or the Services will meet your expectations or requirements.
c. The Game and the Services will be uninterrupted, timely, virus-free, error-free, or that any such defects will be corrected.
d. Your use of the Game and/or the Services will be completely secure.
15.6. Limitation of Liability: To the fullest extent permitted by applicable law, in no event shall the Company, its employees, licensors, or business partners be liable to you for any indirect, incidental, special, punitive, consequential, or similar damages, including but not limited to, damages for financial loss such as loss of revenues, or profits; loss of data, content, goodwill, or other information; business interruption or stoppage; the cost of substitute goods or services; other intangible losses; or losses resulting from computer failure or malfunction. This limitation applies to any claim arising out of or related in any way to these Terms of Service, the Game or Services, your access to or use, misuse, or inability to access or use the Game and Services, your reliance on any content provided through them, or the termination of these Terms of Service, the Game or Services, whether based on contract, tort, statute, warranty, or other legal theory, and whether or not the Company was advised of the possibility of such damages.
15.7. Nothing in these Terms is intended to limit any statutory rights you may have as a consumer of the Game and Services or exclude or restrict any liability resulting from the Company’s gross negligence or wilful misconduct, or for death or personal injury arising from the Company’s negligence or fraud. Some countries, states, or jurisdictions may not permit the exclusion or limitation of liability described in this section. In such cases, the exclusions and limitations shall apply only to the extent allowed under the applicable laws of those jurisdictions, and some of the terms outlined here may not apply to you.
15.8. The warranty disclaimers, limitations of liability, and exclusions of damages in these Terms of Service are designed to reflect the agreed risk allocation between the parties, which is a crucial component of this agreement. Each of these provisions operates independently and remains valid even if other provisions in these terms are found to be unenforceable.
15.9. We are constantly working on further developing the Game and the Services in order to make the gameplay enjoyable for you. This means that from time to time, we may introduce upgrades and improvements to the gameplay, features, graphics, technical infrastructure, etc. We don’t guarantee that such upgrades and improvements won’t change your experience of using the Game and/or the Services.
15.10. Please note that our Game is a work of fiction. All names, characters, places, events, and incidents in the Game are used in a fictitious manner. Our primary priority is to equally respect the rights and dignity of all human beings, irrespective of nation, race, culture or religion, sexual orientation, or gender identity. Therefore, any resemblance to real-world events or people is purely coincidental and bears no reference to any nation, race, culture or religion, sexual orientation, or gender identity. Our game is available in countries all over the world, and it’s important that our players, regardless of their backgrounds, feel safe and comfortable on our platform.
15.11. Please note that downloading any materials or obtaining them by any other means while using the game and/or the services shall be undertaken at your own sole risk. You will be solely responsible for any damage to your devices, installed software, and/or operating systems, and/or any loss of data that may result from obtaining any such materials.
16. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
16.1. As far as permitted by law, these Terms of Service, including their subject matter, formation, and any disputes or obligations arising from or related to them and your use of the Game, shall be governed by the laws of Cyprus, without regard to choice of law or conflict of law principles.
16.2. In the event of any controversy or claim arising out of or relating to these Terms of Service, including their existence, validity, termination, or breach thereof, before filing a suit, you agree to first attempt to informally negotiate any complaint with SCOREWARRIOR LIMITED. We and you shall consult and negotiate with each other in good faith and attempt to reach a satisfactory solution. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a claim.
16.3. If a satisfactory solution is not reached as a result of mutual negotiations, and to extent permitted by applicable law, all the aforementioned disputes shall exclusively be submitted and settled by the courts of general jurisdiction of the Republic of Cyprus in accordance with the laws of Cyprus, and each party waives any objection to the jurisdiction and venues of these courts. We reserve the right, as permitted by law, to seek cancelation of any injunction relief in any jurisdiction where we deem it necessary.
17. CLASS ACTION WAIVER
17.1. If you are a resident of the United States and Canada, and to the maximum extent permitted by applicable law, you and SCOREWARRIOR LIMITED agree that for disputes arising between us and you, or any other user of the game, that are not settled in mutual negotiations: (i) that each claim is personal to you and SCOREWARRIOR LIMITED, and we can only bring claims against each other on an individual basis as an individual court proceeding, and not as a class action, consolidated action, or other form of representative action; (ii) that you expressly waive any right to file or join or participate in a class action or to seek relief on a class or consolidated or representative basis; and (iii) that the court may only conduct an individual court action, may not consolidate more than one individual’s claims, and may not preside over any form of representative or class proceeding relating to such claims.
18. GENERAL
18.1. Headings and Captions. Any section headings and captions in these Terms of Service are provided for convenience only and do not limit or affect the interpretation of these Terms.
18.2. Inclusive Language. Whenever we use “include,” “includes,” and “including,” or similar terms in these Terms, it means “including without limitation.”
18.3. Language. To the fullest extent allowed by law, the controlling language for these Terms is English. It is the clear intent of both parties that these Terms and all related documents be drafted in English. If there are any differences, questions, or disputes about the meaning, form, validity, or interpretation, the English version will take precedence.
18.4. Cooperation with Law Enforcement and Investigations. We reserve the right to investigate and prosecute any suspected breaches of these Terms of Service and/or other Policies and may disclose any information as necessary to comply with any law, regulation, legal process, government, or governmental authority and regulatory requests.
18.5. Severability. If any provision of these Terms of Service is held to be invalid or unlawful for any reason, that provision will be deemed severable from these Terms and will be modified or removed to the minimum extend necessary to comply with the law, without affecting the validity or enforceability of the remaining provisions, which will continue in full force and effect.
18.6. Waiver. Except as expressly set forth in these Terms of Service, the failure or delay by either party to exercise any right, power, or remedy, or to require the performance of any obligation under these Terms of Service, shall not constitute a waiver of such right, power, remedy, or obligation. Any waiver of a breach of these Terms shall not constitute a waiver of any other or subsequent breach. Furthermore, no waiver, consent, omission, or modification of these Terms shall be valid unless it is explicitly documented in writing and agreed upon by both parties. A waiver on one occasion shall not constitute a waiver of any other provision, condition, or requirement in the future.
18.7. Supplemental Policies. We may publish additional policies related to specific services, including but not limited to forums, community rules, contests, the Code of Conduct, Fair Play Rules, or other guidelines. Your right to use such services is subject to these supplemental policies, as well as the terms and conditions outlined in these Terms of Service.
18.8. Assignment of the Terms of Service. We may assign or delegate these Terms of Service, including our rights and obligations under them and/or our Policies, in whole or in part, to any person or entity at any time, with or without your consent. You may not assign or delegate these Terms of Service, your rights and obligations under them, or our Policies, in whole or in part, to any person or entity with or without our prior written consent, and any attempt to do so will be null and void.
18.9. No partnership or Agency Relationship. These Terms of Service do not create any joint venture, partnership, employment, or agency relationship between you and SCOREWARRIOR LIMITED. Your use of the Game and its Services is as an independent user, and no legal relationship beyond that of service provider and user is established.
18.10. Entire Agreement. When you access and use the Game, you agree to these Terms of Service, along with our Privacy Policy, the EULA, and the Payment Policy and Refund Policy. These Terms of Service and any other policies or documents expressly referenced herein, form the entire agreement between you and SCOREWARRIOR LIMITED regarding your use of the Game. They replace any prior communications, agreements, or discussions, whether written or oral, about the subject matter here. These Terms of Service govern our relationship with you, and don’t create any rights for anyone else unless otherwise expressly stated within these Terms. The Agreement may not be amended or modified unless made in writing and signed by us.
18.11. These Terms of Service also apply to accounts transferred from other versions of the game to Total Battle. All provisions regarding account management, user obligations, and rights are equally applicable to transferred accounts, as detailed herein.
19. CONTACTS, E-MAILS, AND NOTIFICATIONS
19.1. Please address all your questions, complaints, or comments regarding these Terms of Service to our support service at support@totalbattle.com.
19.2. Please note that we may occasionally send you emails containing offers, promotions, and/or information of interest. To opt out of receiving emails from us, please follow the unsubscribe instructions contained in the relevant emails or contact us at support@totalbattle.com.