Supervillain Labs

Terms and Conditions

1. Introduction

Welcome to Supervillain Labs!

You are now reading our Terms & ConditionsTerms & Conditions, a legal agreement between you and Supervillain Labs (“SVL,” “we,” or “us”) regarding your (“user” or “you”) access or use of our games, websites, and any other existing services (the “Services”). Before accessing and using our Services, please read these Terms & Conditions and the Privacy Policy carefully as these are legally binding agreements between you and SVL.

By using our Services, you agree to our Terms & Conditions, Privacy Policy, and any other policy, rules, or codes of conduct (collectively, the “Policy”) related to your use of our Services. If, at any point, for any reason, you do not agree to the then-current versions of the Policy, your license to use our services shall immediately terminate, and you must stop using our services.

Please note that section 12 contains a binding arbitration clause and class action waiver that may affect your rights for resolving any dispute with us.

1.1 Additional Terms

Some of the Services are subject to and governed by additional terms, conditions, rules, or guidelines on permissible use (the “Additional Terms”). We will make these Additional Terms available to you through the applicable service, in which case your acceptance of such Additional Terms is required before you may use the applicable service. If any of the provisions of this agreement conflict with any terms and conditions of the Additional Terms, the Additional Terms shall supersede this agreement with respect to the subject matter addressed in the Additional Terms.

Some Services may be available (or only available) through accessing (or downloading from) a third-party platform or store, including but not limited to, the Epic Games Store, Steam game platform, the Google Play Store, and the Apple App Store (each, an “App Store”). Your use of the Services is also governed by any applicable agreements you have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between App Store Agreement(s) from which you acquire one of our Games and these Terms & Conditions with respect to your use of the Services, these Terms & Conditions will take priority.

The collection of information from you and related to the Services (whether obtained through an App Store or not) is governed by our Privacy Policy at https://supervlabs.io/legal/privacy-policy. Our Privacy Policy explains how we collect, use, and disclose information that we collect from and about you.

2. Eligibility and Registration

2.1 Ability to Accept Terms & Conditions

You confirm that you have reached the legal age of majority in your place of residence or, if you have not reached the legal age of majority, that you are at least 13 years old (or the applicable minimum age in your jurisdiction). If you are of the appropriate minimum age but are not considered a legal adult in your jurisdiction, you must ask your legal parent or guardian to read and agree to these Terms & Conditions on your behalf. If you have not reached the appropriate minimum age or have reached the appropriate minimum age but have not obtained consent from your legal parent or guardian, you may not use or access our Services for any purpose. Legal parents or guardians understand and agree that they are responsible for their child's use of our services, regardless of whether they have authorized such use.

If you permit your minor child or legal ward (collectively, your “Child”) to access and use any Services, including creating an account, playing any game, using the Supervillain Labs Application (“SVL Application”), or the Supervillain Labs Website (“SVL Website”), you agree: (a) to these Terms & Conditions on behalf of yourself and your Child, and (b) to take responsible for all actions taken by your child and damages caused by, arising out of, or in connection with his or her uses of the Services, regardless of whether you specifically authorized any such action.

2.2 Region

You represent and warrant that you are legally permitted to use the Services in your jurisdiction, including owning blockchain assets and engaging with them in any way. You further represent and warrant that you are in charge of ensuring compliance with local laws of your jurisdiction and agree that SVL is not responsible for your compliance or non-compliance with such laws.

2.3 Keep Your Information Current

It is important that you provide us with accurate, complete and up-to-date information for your Game Account and you agree to update such information as necessary. If you fail to do so, we may suspend or terminate your Game Account. You agree not to disclose your Game Account password to anyone and will notify us immediately of any unauthorized use of your Game Account.

You are responsible for all activities that occur under your Game Account, whether or not you know about them. If you believe that your Game Account is no longer secure, then you must notify us immediately at our support email address.

2.4 No Account Sharing

You may not sell, resell, rent, lease, share or provide access to your Game Account to anyone else. We reserve all available legal rights and remedies to prevent unauthorized use of our Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

2.5 No False Accounts

You may not create a Game Account for anyone else or create a Game Account in a name other than your own.

3. License and Use of the Services

3.1 Limited License

SVL owns, has licensed, or otherwise has rights to use all of the content that appears in the SVL Application, in the games, and on our websites, including software and artwork that appears within the games. You agree that you have no right to or title in any content that appears in the application or any other attributes associated with an Account, except for cryptocurrencies and crypto collectibles you own, such as Non-Fungible Tokens (NFTs) (collectively, “Assets”). Notwithstanding the foregoing, your Assets, while they remain in our inventory, may be subject to restriction (including but not limited to temporary suspension), change of value, or modification for the purpose of maintenance, updates, or other needs to improve the Services.

Subject to your agreement and continuing compliance with the Terms & Conditions, including the Policy, you may access and use the Service for your personal, non-commercial, entertainment use only. The Services are licensed, not sold, to you on a limited, revocable, non-sublicensable, non-transferable, and non-exclusive basis. You may not modify, copy (except for a single backup copy and transient copying required to operate the Services), distribute, transmit, display, perform, reproduce, publish, create derivative works from, adapt, sell, rent, lease, sublicense, or otherwise transfer or make available the Services or any portion thereof. The license covers updates, expansions, and additional components provided by SVL.

Your license is automatically rescinded and terminated if you breach any provision of the Terms & Conditions or the Policy. In any event, we may, at any time, revoke the limited license granted to you in our sole discretion. We may also restrict your access to and use of the Services entirely or in part, as well as delete your account and any associated data, without incurring any liability to you. You may not be entitled to reimbursement for damages incurred by any loss of Assets, Virtual Goods (defined in section 6) or Game Currency (defined in section 6) in your account caused by prohibition of access to your account by the reason of the cancellation of the limited license or changes to our Services, or by any other reasons.

3.2 Service Limits Based on Where You Live

We may restrict, modify, or limit your access to and use of certain Content, Virtual Goods, an entire Game, or any or all of the Services depending on the territory in which you are located. Without limiting the foregoing, Content, Virtual Goods, entire Games, or the Services may not be available (in whole or in part) where you are located or may only be available in a modified version, if they do not comply with the laws which apply in your country.

4. Application

4.1 Account

Some of our Services require you to create an account with us. If you are not signed into your account, you might not be able to access some portions or features of the Services. You may create an account using a third-party account provided by a social identity provider such as Google or Apple. If you create your account using a third-party account, we may access certain personal information that this third party provides to us, such as your email address and name, to help create your account. Further information about use of third-party accounts is provided in the Privacy Policy.

You must not share your account information, login credentials, or private keys, nor let anyone else access your account or do anything else that might jeopardize its security. You are solely responsible for maintaining the confidentiality of your login credentials, including all types of purchases, whether or not authorized by you. You are fully responsible for anything that happens with and through the account. SVL reserves the right to remove or reclaim any usernames (such as user ID, character name, guild name, or any other display name used in the game) at any time and for any reason, including but not limited to claims by a third party that a user who uses the username violates or infringes upon the third party's rights.

Notwithstanding anything to the contrary in the policy, you acknowledge and agree that you have no ownership or other property interest in your account, and you further acknowledge and agree that all rights in and to the account are and shall forever be owned by and inure to the benefit of SVL.

4.2 SuperVillain Inventory

When a user creates an account, we automatically create and grant an inventory that users can utilize within our services. This inventory functions as a storage facility for acquired assets, which may include NFTs and other digital items, used within our services. These assets may be recorded in our database or blockchain, and the inventory responsible for managing these assets belongs to SVL. You own the NFTs but are subject to certain restrictions as per Section 3.1.

When a user connects a third-party wallet, Assets not bound to SVL within their Inventory can be transferred to their wallet. Conversely, Assets issued by SVL can be added to the Inventory from an external wallet. When Assets created by SVL are imported into Inventory, we assume exclusive control of the Assets.

SVL reserves the right to restrict, suspend, or confiscate Assets within your Inventory or take action on your account if we reasonably determine that you are not in compliance with any aspect of our Policy. For further details, please refer to Section 6 and 7.

4.3 Wallet

After creating and logging into your account, if you possess a third-party wallet, you can link it to your account. Once linked, the services associated with that blockchain address will display the Assets. Additionally, you will have access to an interface that allows you to directly execute commands on the blockchain network, check balances of blockchain assets, and initiate transactions using assets compatible with the wallet.

Please note that SVL does not act as a wallet provider, exchange, broker, financial institution, money services business, or creditor. We do not have custody over or control over the Assets you are engaging with, and we do not execute or effectuate purchases, transfers, or sales of the Assets without your consent.

You are solely responsible for maintaining the security of your wallet and for anything that happens with and through your account and any associated wallet. SVL is not liable for any actions or inactions you take related to your account or as a result of your account's or wallet's compromise. If you have any issue related to your wallet, please contact your wallet provider. If you discover or otherwise suspect any security issues related to the Service or your Account, you agree to contact our customer service team.

5. Game Service

5.1 Game Services

SVL may present and provide game services to you through the SVL Application. To play the game you must first create your own account. Within the game, account holders may purchase Virtual Goods (defined in section 6) and Game Currency (defined in section 6) with a real money (the “Fiat”) or cryptocurrencies. You may convert certain specified Virtual Goods into NFTs that can be used in the SVL Application or on the SVL Website.

5.2 Updates

SVL may provide you with updates as they become generally available at SVL’s sole discretion. You acknowledge and agree that SVL may provide updates to you remotely and automatically, including, without limitation, by accessing the device on which you use the Services. Any updates provided or made available by SVL are part of the Services and will be subject to the Terms & Conditions.

6. Payment Terms

6.1 Paid Content

SVL may offer users paid content related to the Services, including digital items and digital assets such as Virtual Goods, Game Currency, and NFTs.

6.2 Virtual Goods and Game Currency

Virtual Goods and Game Currency are items that users can purchase within the game. Virtual Goods and Game Currency are not real-world currency or any other form of fiat.

1. Purchasing or Obtaining Virtual Goods and Game Currency

   Subject to applicable foreign exchange control regulations in your jurisdiction, we may offer certain upgrades and options within our Games or on the SVL Website that you can buy with real money or cryptocurrencies, including, but not limited to, in-game currency where permitted under applicable law (“Game Currency”), characters, character skins, mounts and vehicles, experience/gold boosts, gear, stat increase buffs, content access tickets, consumables, and other customizations for your in-game characters, and other such digital add-on items that may enhance your game experience in some way (“Virtual Goods”). Except as otherwise communicated to you within the functionality of the Game, Game Currency and Virtual Goods are not transferable from one game to another. You may also be able to obtain certain Virtual Goods and Game Currency without making a purchase, such as an in-game award. When you purchase Game Currency, Virtual Goods, or a game itself (each, a “Transaction”), your purchase will be made through the functionality available on the SVL website, the App Store, or other platforms we make available to you. Prior to making a Transaction, you should ensure that you fully understand the agreement that covers your Transaction, whether that agreement is this Terms & Conditions, an App Store Agreement or another payment platform agreement (like a third-party payment processor’s terms). There may be limits to the quantity and number of times you can purchase Virtual Goods, Game Currency, or other aspects of your Transaction. For example, there may be a maximum amount of Game Currency you are able to hold (in-game) or purchase at a given time, or a maximum number of Transactions you may make per day; these additional restrictions may be communicated to you via the functionality of the Services.

2. Your License to Virtual Goods and Game Currency.

   Virtual Goods and Game Currency are digital items and your use of them is governed by these Terms & Conditions and the App Store Agreement(s).

   SVL may provide users with digital items for use within the Services, distinguishing between paid and free items. SVL reserves the right to determine the usage period and conditions for these digital items and will notify users by posting this information on the service usage guide or payment screen for each paid content. The policy regarding the usage period for paid content, unless otherwise specified, is as follows:

   1. Digital items can be used within one year from the purchase date. If not used within one year, these items may expire. For package items, opening the package is considered the start of usage.
   2. For items with a specified usage period, they can only be used within the designated timeframe.
   3. Paid items marked as “permanent” or without a specified usage period can be used as long as the game service continues, starting from the initiation of usage.
   4. If the usage period expires, the game service ends, or if your access to the game service is suspended, restricted, or terminated due to violations of current laws, intentional or gross negligence, you may lose the right to use the items.
   5. SVL may cancel, revoke, or otherwise prevent the use of Virtual Goods or Game Currency if we suspect any unauthorized or fraudulent activity and/or to correct any erroneous application of any Virtual Goods or Game Currency to your account.
   6. SVL may, with prior notice to you, change the functions of existing items or make them unusable due to changes in game content, balance adjustments, or item policies. However, in cases where change is necessary due to bug fixes, errors, or urgent updates, if the changes are not significant, or due to unavoidable circumstances such as server equipment failure or urgent security issues, notification may be provided afterwards. In such cases, if the usage period of a paid item has not expired and it becomes unusable, we will compensate with another paid item (or points) equivalent to the remaining usage period of the paid item.

   If the digital items you own have both paid and free attributes, the paid content will be deducted first when you use a portion of them, followed by the free content. If the digital items you own have only paid attributes, the deduction order will follow the FIFO (First In, First Out) method, where the earliest acquired items are deducted first.

   VIRTUAL GOODS AND GAME CURRENCY HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. VIRTUAL GOODS AND GAME CURRENCY ARE NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR IN PART, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES. Virtual Goods and Game Currency are licensed, not sold. Provided you comply with these Terms & Conditions and the App Store Agreement(s), we grant you a personal, non-exclusive, non-transferable, non-sublicensable, limited right and license to use any Virtual Goods or Game Currency you gain access to, whether purchased or otherwise obtained, solely in connection with your use of the game in question and within the game (unless we otherwise communicate to you that you may use them in multiple games) and for no other purpose. Unless expressly permitted by us in a specific Game, you may not trade any such Virtual Goods or Game Currency with others.

3. Amendments to Game Currency and Virtual Goods

   Except as otherwise prohibited by applicable law, we may, in our sole discretion, modify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods, with prior notice but without liability to you. However, in cases where change is necessary due to bug fixes, errors, or urgent updates, if the changes are not significant, or due to unavoidable circumstances such as server equipment failure or urgent security issues, notification may be provided afterwards. This includes situations where we need to temporarily suspend the game for updates, address emergencies requiring us to disable our Services, or ultimately shut down a game for economic or other reasons due to a limited number of users continuing to use of the online Service over time. YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS (THE “COMPANY PARTIES”) RELATING TO (A) A CLAIM THAT YOU HAVE A PROPRIETARY INTEREST IN ANY GAME CURRENCY OR VIRTUAL GOODS; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF GAME CURRENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) ADJUSTMENTS TO THE GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS OR GAME CURRENCY CHANGING, OR (III) MODIFICATION, TERMINATION OR EXPIRATION OF THESE TERMS & CONDITIONS.

6.3 NFTs

1. Purchasing or Obtaining NFTs

   Except as otherwise prohibited by applicable law, we may offer NFTs issued by us through the SVL website that you can buy with real money or cryptocurrencies, including, but not limited to, character exchange vouchers, character summoning tickets, character skins, and membership qualifications that may improve your experience in some way. You may also be able to obtain certain NFTs without making a purchase, such as an in-game award. When you purchase NFTs, your purchase will be made through the functionality available through the SVL website or other platforms we make available to you. Prior to making a purchase, you should make sure you fully understand the agreement that covers your purchase, whether that agreement is these Terms & Conditions or another payment platform agreement (like a third-party payment processor’s terms).

   You bear responsibility for verifying the legitimacy, authenticity, and legality of NFTs that you purchase from third-party sellers. We also cannot guarantee that any NFTs visible on any marketplaces will always remain visible and/or available to be bought, sold, or transferred. The buyer and seller are entirely responsible for communicating, promulgating, agreeing to, and enforcing their purchase terms.

2. Your License to NFTs

   Among the Services we provide, the digital assets based on blockchain take the form of a non-fungible token (an “NFT”), and your use of them is governed by these Terms & Conditions.

   1. We reserve the right to designate certain items within the provided Services as NFT content, and at our discretion, may change, add, or cancel the designated items at any time.
   2. Users acknowledge that we do not guarantee the value or permanence of existence of items designated as NFT.
   3. NFT items owned by users are part of or linked to our Services, and users agree that the value of NFT content may be affected by updates, changes, or termination of our Services.
   4. Any issues arising from the use of NFT content are the direct result of user actions, and we do not assume responsibility for them.
   5. Due to the inherent volatility of blockchain assets, we disclaim any liability or obligation related to damages arising from the value fluctuations of designated NFT content items in our possession.
   6. You are solely responsible for the management of NFT content items, and we do not assume responsibility for issues resulting from negligent management.
   7. Blockchain regulations and provisions are incomplete and uncertain, and new regulations and policies may affect blockchain-based content included in the services we provide.
3. Amendments to NFTs

   We may take the following actions under the condition that your NFTs are stored in the SVL inventory.

   1. We reserve the right to sever the connection of any specific NFT from the SVL services at any time.
   2. We may cancel, revoke, or otherwise prevent the use of NFTs if we suspect any unauthorized or fraudulent activity, and/or to correct any erroneous application of any Virtual Goods or Game Currency to your Account.
   3. In the case of "consumable" NFTs, we may, at your request, exchange the NFTs for certain in-game digital items, which will result in the NFTs being removed from your inventory.

   YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS (THE “COMPANY PARTIES”) RELATING TO A CLAIM FOR AN ALLEGED MONETARY VALUE OF NFT LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) ADJUSTMENTS TO THE GAME THAT RESULT IN THE VALUE OF NFT CHANGING, OR (III) MODIFICATION, TERMINATION, OR EXPIRATION OF THESE TERMS & CONDITIONS.

6.4 Amendments to Terms & Conditions

We may, from time to time, modify, amend, or supplement our fees, billing methods, and terms applicable to Game Currency, Virtual Goods, NFTs, or any purchases, and post those changes in these Terms & Conditions, in separate terms and conditions, or in other terms or agreements posted on the applicable website or as part of the Game, or otherwise provided to you by us. Except where prohibited by law in your jurisdiction, such modifications, amendments, supplements, or terms shall be effective immediately upon posting and shall be incorporated by reference into these Terms & Conditions. If any change is unacceptable to you, you may terminate the use of your Game Account at any time.

6.5 Cancellation of Purchase

Users who purchase paid content from SVL may cancel the purchase within 7 days without incurring any additional fees. If a purchase is canceled, the user will receive a refund in the same amount of the currency paid at the time of the transaction if paid in Fiat, and the same quantity of the cryptocurrency paid at the time of the transaction if paid in cryptocurrency.

However, users cannot cancel the purchase in the following cases:

1. More than 7 days have passed since the purchase.
2. The paid content has been lost or damaged due to reasons attributable to the user.
3. The user has used, partially consumed, or transferred the following types of paid content to an external digital wallet service:
   1. Paid content that is used or applied immediately upon purchase.
   2. Paid content where additional benefits provided as part of the purchase have been used, partially consumed, or transferred to an external digital wallet service.
   3. Paid content that is considered to be used upon opening or that loses its utility upon opening, if the act of opening has occurred.

If the actual content of the paid content differs from what is indicated in the store or from the purchase agreement, you may cancel the purchase within 3 months from the purchase date or within 30 days from the date you became aware or could have become aware of the discrepancy, whichever comes first.

If you purchase paid content offered by SVL through third-party payment processors, you agree that SVL may verify your purchase details through those payment processors and provide them with the necessary information to support your cancellation request. Additionally, SVL may contact you using the information you provided to confirm your valid cancellation reason and may request additional evidence.

6.6 Refunds and Billing

To the extent permitted by applicable law, you agree and acknowledge that SVL is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Goods, Game Currency, and NFTs when an account is closed, whether such closure was voluntary or involuntary. You agree that you will never assert or bring any claim or suit against SVL, its licensors, third-party providers, or any employees thereof, which is related to or based on:

1. a claim for the “value” of Virtual Goods, Game Currency, and NFTs if SVL deletes them (or suspends, deactivates, or terminates your account);
2. a claim for the “value” of Virtual Goods, Game Currency, and NFTs that you may lose if SVL does anything that it is entitled to do pursuant to any policy provision; or
3. a claim for any malfunctions and/or bugs in our Services;

Your purchase of Virtual Goods, Game Currency, and NFTs is final and is not refundable, exchangeable, or transferable, except in SVL's sole discretion, in cancellation as per Section 6.5, or as expressly required by applicable law. You agree to pay all fees, charges, and applicable taxes you incur. SVL may revise the pricing for the goods and services it licenses to you through the Services at any time. SVL shall have no liability to you or any third party in the event that SVL exercises such rights.

We may suspend or terminate your account if for any reason a charge you authorize us to make to your credit card or SMS/phone billing cannot be processed or is returned to us unpaid or refunded and, if such event occurs, you shall immediately remit to us payment for such charge through the use of another credit card or other payment mechanism. We are not responsible or liable for any credit card or bank-related charges or fees related to any of your transactions. We reserve the right, without prior notification, to limit the order quantity on any item or to refuse to provide you with any item. You may be required to verify your transaction information prior to our acceptance thereof.

6.7 Rights to the Assets and digital items

You understand that Virtual Goods, Game Currency, and NFTs are provided solely for your entertainment use, and that you have a limited license to use them under the SVL Policy, not an ownership interest in them (except NFTs). Any cryptocurrency or game currency balance shown in your account is not a financial or investment instrument of any kind and does not constitute a real-world balance or reflect any stored value at all, but instead constitutes a measurement of the extent of your license. SVL is not liable for any value attributable to, fluctuations in, or loss in the value of the Virtual Goods, Game Currency, or NFTs.

SVL prohibits and does not recognize any purported transfers of Virtual Goods or Game Currency effectuated outside the Services, or the purported sale, gift, or trade in the "real world" of anything that appears or originates in the Services unless expressly authorized by SVL. Any such transfer or attempted transfer is prohibited and void and may subject your account to termination.

You can transfer the NFTs stored in your SVL inventory to a third-party digital wallet, marketplace, or cryptocurrency exchange. You acknowledge and agree that while you may own an NFT, the embedded intellectual property rights may be subject to certain licensing requirements, and SVL can only convey such rights to you as long as SVL holds a valid license to the intellectual property. If such a license terminates, SVL, and by extension you, may not have any rights to the embedded intellectual property in your owned NFTs, and the embedded intellectual property may be changed or removed at SVL's discretion.

You are free to trade your NFTs issued by SVL with other users through third-party products or services, such as digital wallets, marketplaces, and cryptocurrency exchanges. We do not own or control such third-party products or services that users may access, visit, or use. We do not have access to or control over payments or transactions occurring between users and these third-party products or services. We are not responsible for the actions or omissions of third parties, nor are we liable for any damages you may incur as a result of your transactions or other interactions with such third parties.

6.8 Blockchain Transaction Fees

When you purchase an NFT issued by SVL, transfer it from your SVL inventory to an external product or service, or bring it back from an external product or service to your SVL inventory, such delivery and receipt of any of your NFTs may be subject to network or transaction fees charged by the blockchain associated with the user-selected algorithm ("Blockchain Transaction Fees"), which may not be refunded. Blockchain Transaction Fees are paid to issue, record, verify, and process a transaction on the blockchain. Any withdrawal or transfer of NFTs is subject to Blockchain Transaction Fees. To withdraw or transfer NFTs, users will need to obtain tickets issued by SVL (if SVL decides to cover the Blockchain Transaction Fees), and the number of withdrawal or transfer may be subject to restrictions.

6.9 Other Third-Party Fees

Certain digital apps, app addresses, tools, and third-party software and devices used by you may also charge you a fee("Third-Party Fees"), including a per transaction or transfer fee, which may not be refunded. You are responsible for satisfying any such fee(s). You should note that you are responsible for managing the selection, use, rate and frequency of transactions or transfers to any such Third-Party Fees.

6.10 Sales Tax

When and where required, SVL or a third-party payment processor acting on behalf of SVL will collect sales tax on your behalf and remit payment to the applicable state government.

6.11 Purchase Through Payment Processors

If you pay by credit card or certain other payment instruments, you may be provided with a third-party interface (hereinafter "Payment Processor") to input, change, and update your payment information. The processing of payments may be subject to the terms, conditions, and policies of the Payment Processor(s), in addition to these Terms and Conditions. All user rights and privileges with respect to Payment Processor(s) are set out in the Payment Processor(s)' Terms of Service. SVL has no liability for Fiat transactions, liability for which rests with the Payment Processor(s). SVL is not a custodian for users' credit cards or certain other payment instruments and is not responsible for the acts or omissions of the Payment Processor(s).

You agree to pay SVL through the Payment Processor(s) all applicable fees, and you authorize SVL and the Payment Processor(s) to charge all sums, including all applicable taxes, to payment methods specified or linked to your account.

When you provide payment information to the Payment Processor(s), you represent that you are the authorized user of the card, PIN, key, or account associated with that payment, and you authorize SVL and the Payment Processor(s) to charge your credit card or process your payment with the chosen third-party payment processor for any payment, withdrawal, or fees incurred by you.

In the event of a chargeback, SVL may, in its sole discretion, temporarily or permanently close your account.

7. Code of Conduct

You agree that, while using the SVL Services, you will not, under any circumstances (note that the following guidelines are not exhaustive, and may not address all manner of offensive behavior. As such, we reserve the right to evaluate each incident on a case by case basis):

• send, post, transmit, or make available any material or information or links to website containing such material or information that may be abusive, threatening - obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, or that may promote other illegal or harmful activities;
• stalk, harass, threaten, or defraud other users or any members of our support personnel;
• use, develop, or distribute any robot, spider, unauthorized script, unauthorized scraper or offline reader, or any other cheat, mod, hack or the like, or any unauthorized third-party software designed to modify or interfere with or provide automated access to or use of the Services;
• interfere with or disable any security-related features of the Services, or any part thereof;
• damage, disable, overburden, or impair the Services, including, without limitation, by (a) sending, posting, transmitting or distributing anything that contains a virus, spyware, or other illegal or harmful material intended to damage or interfere with the Services or (b) attempting to disrupt servers that relate to the Services;
• make improper use of our support services, including, without limitation, by submitting false abuse reports;
• misrepresent the source, identity, or content of information sent, posted, transmitted, or made available via the Services;
• create a false identity or impersonate another person or entity, including, without limitation, identities falsely indicating that you are SVL's official or representative, message board or community board moderator, another user or host, or that you are a celebrity or public figure, or falsely state or misrepresent your affiliation with a person or entity, or deceive or mislead the addressee about the origin of such messages or communicates any information;
• decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any code, underlying ideas, or algorithms of any part of the Services;
• modify any part of the Services without SVL's prior written consent;
• send, post, transmit, or make available any content or information that may infringe any person or entity's intellectual property rights or other property or personal rights, including rights of privacy and publicity;
• buy, sell, trade, or advertise to sell any Virtual Goods, Game Currency, or game account for commercial purposes;
• send, post, transmit, or make available any unsolicited or inappropriate content or other unsolicited or unauthorized commercial or promotional content, information, or communications without SVL's prior written consent;
• develop, distribute, or publicly inform other users of "auto" software programs, "macro" software programs, or other "cheat utility" software programs or applications in violation of the applicable license agreements;
• exploit, distribute, or publicly inform other users of any game error, miscue, or bug which gives an unintended advantage;
• reproduce, distribute, promote, or commercial use of information obtained from the Services;
• collect or attempt to collect any personal information about any users or to disclose such information;
• share your login credentials or private keys or other information that let anyone else access your account;
• access another user's account without permission;
• make unauthorized use of someone else's payment information;
• assist, permit, or encourage any party in engaging in any of the activities described in the above listing; and
• use the Services for money laundering, for terrorist activities, or in any manner that may violate any applicable laws or regulations that apply to you or SVL, or is prohibited by the Policy.

8. Intellectual Property Rights

8.1 Ownership

You acknowledge and agree that SVL reserves all rights, including without limitation, all intellectual property rights or other proprietary rights. You may not copy, imitate or use, in whole or in part, any content in the Platform, without our prior written permission.

1. Copyright.

   SVL owns, has licensed, or otherwise has the right to use all of the content and materials that are a part of the Services, including, without limitation, designs, text, graphics, pictures, video, information, applications, software, music, sound, other files, user accounts, Virtual Goods, and Game Currency, and their selection and arrangement, which are all protected by law from unauthorized use. The entire content of the Services is copyrighted under the United States copyright laws and relevant laws of other jurisdictions, and may not be copied, imitated or used, in whole or in part, without our prior written permission.

2. Trademarks.

   All trademarks, trade names, trade dresses, logos, and service marks displayed on the Services, Platforms, or other external platforms are registered or unregistered trademarks of SVL. The "look and feel" of the Services also constitutes the service mark, trademark or trade dress of SVL. All other third-party trademarks, registered trademarks, and product names mentioned on the Services are the property of their respective owners. Those properties may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder.

8.2 User Content

You are and will remain solely responsible for all communications, images, videos, sounds, content or part of the content of databases, databases, content and any other materials or information that you upload or transmit through the Services, including without limitation any text, voice transmissions or recordings, or gameplay clips/screenshots (the "User Content"). By transmitting, submitting, or posting any User Content while using the Services, you affirm, represent, and warrant that such transmissions or submissions or postings are (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions, or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; and (c) free of viruses, adware, spyware, worms, or other malicious code. SVL assumes no responsibility for illegal content or the conduct of any user submitting any User Content, or dispute between the users arising out of or related to the User Content, or for the failure of monitoring any User Content that may be inappropriate under the Policy.

You hereby grant SVL a royalty-free, perpetual, irrevocable, fully transferable and sublicensable, non-exclusive, worldwide right and license to use your User Content in any and all media in any manner and for any purpose (including without limitation commercial, advertising, and promotional purposes) to the greatest extent permitted by applicable law, including without limitation the rights to reproduce, copy, modify, perform, display, publish, distribute, broadcast, transmit, or otherwise communicate to the public, or create derivative works from or adapt, use or otherwise exploit by any means whether now known or unknown and without any further notice or compensation to you of any kind. To the extent permitted by applicable law, you waive any moral rights of paternity, publication, reputation, or attribution with respect to SVL's and other players' use and enjoyment of User Content in connection with the Services. The license grant to SVL, and the above waiver of any applicable moral rights, survives any termination or expiration of the Terms & Conditions. You acknowledge and agree that SVL may reject, refuse to post, delete, or edit any User Content for any reason at its sole discretion.

We appreciate all comments, feedback, and suggestions for improvements to the Service (the "Feedback"). You understand and agree that any submission of the Feedback does not and will not grant you any right, title, or interest in the Service or in any such Feedback. You agree that SVL may use and disclose the Feedback in any manner and for any purpose without further informing you, paying you, or requiring you to retain any ownership rights or other claims. You hereby assign to SVL any and all rights, titles, and interests (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

8.3 Notice of Copyright Infringement

SVL respects the intellectual property of others, and we ask our users to do the same. SVL may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright or trademark infringement, or your intellectual property rights have been otherwise violated, please provide SVL team with the following information:

1. an electronic or physical signature of the rightsholder or the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

SVL's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Supervillain Labs Co., Ltd.
Attn : Supervillain Labs
B1F Portier Office D, 304, Hyoryeong-ro, Seocho-gu, Seoul, 06720, Republic of Korea
E-mail : cs@supervlabs.io

You must be the rightsholder or someone authorized to act on behalf of the rightsholder, before we can process your infringement claim regarding content on the Service. Please be aware that we will send your notice of intellectual property infringement, along with your contact information, to the party whose content will be removed so they understand why it is no longer be accessible on the application and can contact you to resolve any dispute.

9. Third Party Service and Advertising

9.1 Third Party Services and Links

The Services may be made available to you through third-party services. The Services also may link to or include third-party services or content (including without limitation User Content posted in forums). We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such third-party services, content, or devices. These third parties may require you to install additional software, register for additional accounts, agree to additional terms and conditions, or take other actions before using the Services. Use of any third-party services, content, or devices is at your own risk and is subject to the third party's terms and conditions. Under no circumstances will SVL be responsible or liable in connection with your reliance on or use of third-party services, content, or devices.

When using our Services, your device may connect to or utilize third-party networks, and you may incur fees based on your use of those networks. You are solely responsible for any and all costs and fees in connection with accessing and using the Services, including without limitation internet service provider fees, telecommunications fees, text messaging fees, excess broadband fees, and the costs of any and all devices and equipment used in connection with the Services.

SVL may feature advertisements from third parties or provide links on the Services to third party websites, applications, or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Services and benefits (such as the Virtual goods or Game Currency). Although we might not alert you that you have left our Services, when you click on a link to, or access and use, these third party websites or applications, you are subject to the terms and conditions (including privacy policies) of that website or location. Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. SVL makes no representation or warranty regarding any content, goods, and/or services provided by any third party, and will not be liable for any claim relating to any third party content, goods, and/or services. The linked sites are not under the control of SVL and may collect data or solicit personal information from you. SVL is not responsible for their content, business practices, or privacy policies, or for the collection, use, or disclosure of any information those sites may collect. You use all links in these third-party websites and applications and their materials at your own risk.

10. Termination of Service

10.1 Termination or Suspension by SVL

SVL may limit, suspend, or terminate your use of the Services and account if we have a reasonable belief that you have failed to comply with any portion of the Policy. SVL reserves the right to stop providing or supporting any part of the Services or a particular game at any time either permanently or temporarily, at which point your license to use the Services or a part thereof will be automatically terminated or suspended. In such an event, SVL is not required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of the Services.

10.2 Termination by Users

Users may apply to terminate their account and to stop using the Services.

To have your information deleted immediately, please contact our customer support team. Upon your request, your information will be deleted immediately.

However, we may not delete some information immediately, if required by relevant laws and regulations.

10.3 Re-registration by Users

Once user information is deleted, it is not possible to re-register with the same account information. Upon re-registration, new data will be generated. To inquire about deleted account information, please contact us directly cs@supervlabs.io.

10.4 Wallet Policy for Termination and Re-registration

Once existing user data is completely deleted, you will lose access to the data stored in your account. If there are blockchain assets remaining in your Inventory, it is strongly recommended to dispose of or transfer those blockchain assets to another wallet before initiating termination.

After the complete deletion of existing user data, we cannot provide any support related to the wallet, including blockchain assets remaining in the Inventory. Please carefully review and consider this before applying for termination.

SVL may ask you to submit additional information to verify your identity, before we process your request for termination.

To find out the policy on refunds, benefits, or other compensation to users in connection with a termination or discontinued elements of the Services, please see Section 6.5 and 6.6.

11. Disclaimers and Indemnifications

11.1 Disclaimer of Warranties

Without limiting the generality of foregoing, neither SVL nor any of their directors, employees, agents, third-party content providers, cooperators, distributors, licensees, or licensors (collectively, the “SVL Parties”) assume liability or responsibility for any (a) errors, mistakes, or inaccuracies of content, (b)personal injury or property damage of any nature whatsoever resulting from your access to and use of the SVL services, (c) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) interruption or cessation of transmission to or from the services, (e) bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party, and/or (f) errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services.

NFTs exist only by virtue of the ownership record maintained in the associated blockchain (e.g., Aptos Network). Any sales or transfers take place on the related blockchain (e.g., Aptos Network). SVL cannot control NFTs or any related content or items that occur outside the scope of the Services. Therefore, the SVL Parties are not liable for (g) any losses or damages incurred as a result of vulnerabilities or failures, abnormal behavior of software (e.g., a wallet, smart contract), blockchains, or any other features of the NFTs; and (h) any losses or damages resulting from late or incomplete reports or a failure to report by developers or representatives of any issues with the blockchain supporting the NFTs, including forks, technical node issues, or any other issues leading to losses or damages.

11.2 Assumption of Risk

You agree and acknowledge that:

1. The value of an NFTs is subjective. The price of NFTs is subject to volatility, and the price of cryptocurrency can potentially have a considerably negative impact on NFT prices. You fully understand this subjectivity and volatility as well as the possibility of financial loss.
2. The legislative framework governing non-fungible tokens, cryptocurrency, blockchain technology, and other crypto-based items is uncertain, and new laws or policies could have a materially negative impact on how the Services develop as well as the practicality of NFTs.
3. You are solely responsible for assessing whether taxes, if any, are applicable to your transactions and for making sure that the right sums of tax are withheld, collected, reported, and remitted to the proper tax authorities. SVL is not responsible for determining, withholding, collecting, reporting, or remitting them.
4. There are risks associated with purchasing items through peer-to-peer transactions, such as the possibility of purchasing counterfeit items, mislabeled items, or items on smart contracts with bugs or flaws. You represent and warrant that you conducted adequate research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs.
5. There are risks associated with using Internet and blockchain based products, for instance those related to hardware, software, and Internet connections, the risk of malicious software introduction, and the risk of illegal access to your third-party wallet or Account by third parties. You agree that SVL will not be held liable for any communication failures, disruptions, errors, distortions or delays you may encounter when using the Services or any blockchain network.
6. The Services are dependent on third-party platforms and vendors. You may not access, or have a limited access to, or use our Services in any of the following event: (i) we are unable to maintain a positive relationship with such platform providers and vendors; (ii) the terms and conditions or pricing of such platform providers and vendors change; (iii) we violate or cannot comply with the terms and conditions of such platforms and vendors; or (iv) if any of such platforms and vendors loses market share or falls out of favor or is unavailable for a prolonged period of time.
7. If you have a dispute with one or more users, you release us from any and all claims, demands, and damages of every kind and nature, resulting from, arising out of, or in any way connected with such disputes. By consenting to this release provision, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release provision to include those claims which you may know about or suspect to exist in your favor at the time this release provision is agreed to.

11.3 Limitation of Liability

You agree and acknowledge that:

1. to the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Services under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract, or tort (including negligence) and that the SVL parties shall not be liable for any indirect, incidental, special, exemplary, or consequential damages, including for loss of profits, goodwill, or data, in any way whatsoever arising out of the use of, or inability to use, the Services. you further acknowledge and agree that the SVL parties, its directors, officers, agents, contractors, partners, and employees are not liable, and you agree not to seek to hold the SVL parties liable, for the conduct of third parties, including other users of the Services and operators of external sites, and that the risk of the Services and external sites and of injury from the foregoing rests entirely with you. to the extent permissible under applicable laws, under no circumstances will the SVL parties be liable to you for more than the amount you have paid SVL in the one hundred and eighty (180) days immediately preceding the date on which you first assert any such claim.
2. Any claims or lawsuits that may arise in relation to these Terms or Services (including service or information provided through external platforms) shall be brought within one year, regardless of the extinctive prescription determined by the relevant laws and regulations. Claims or lawsuits not filed within one year shall not be permanently recognized when the extinctive prescription expires.

11.4 Indemnification

You agree to indemnify, defend and hold harmless the SVL Parties from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of our Services and any alleged violation by you of the Policy. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.

12. Dispute Resolution & Governing Law

Please read this section carefully because it affects your rights. Some jurisdictions do not allow mandatory arbitration, prohibitions against class actions or governing law and forums other than where the consumer is located. If you are located in one of these jurisdictions, the following may not apply to you and you may have additional rights.

12.1 Dispute Resolution

If you have any claim arising out of these Terms & Conditions against us, we strongly encourage you to contact our customer support team to seek a resolution. If both parties fail to reach a settlement within thirty (30) calendar days after the first contact occurs, either party may refer such a dispute in Seoul administered by the Korean Commercial Arbitration Board (KCAB) in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board. The arbitration is to be conducted before a single arbitrator whom the parties jointly select. If the parties are unable to agree upon the arbitrator, either party may request the Korean Arbitration Association to select the arbitrator.

12.2 Jury Trial Waiver; Class Action Waiver

By agreeing to binding arbitration, you waive your right to litigate disputes through a court and to have a judge or jury decide your case. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

12.3 Governing Law

The laws of the Republic of Korea (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to the Policy, including, without limitation, its validity, interpretation, construction, performance, and enforcement. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13. Miscellaneous

13.1 Entire Agreement

These Terms & Conditions is complete and exclusive understanding of you and SVL relating to your use of the Service, and supersede all prior understandings of the parties hereto.

13.2 No Waiver

The failure of SVL to require or enforce strict performance by you of any provision of these Terms & Conditions or Policy, or failure to exercise any right hereunder will not be considered a waiver or relinquishment of SVL's right to assert or rely upon any such provision or right in that or any other instance. An express waiver made by SVL in one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person.

13.3 Force Majeure

SVL will not be liable for any delay or failure to perform resulting from any cause outside the reasonable control of SVL, including, without limitation, any failure to perform under the Policy due to unforeseen cause beyond SVL's control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, change of law or administrative rules, fire, floods, network infrastructure failures, cyber crimes, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

13.4 Severability

If any portion of these Terms & Conditions is determined to be invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining provisions of the Policy remain in full force and effect.

13.5 Survival

All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms & Conditions by SVL or you. Termination will not limit any of SVL's other rights or remedies at law or in equity.

13.6 Assignment

This agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by you without the prior written consent of SVL. SVL may assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section shall be null and void.

13.7 Modification

These Terms & Conditions may change from time to time, so please check back periodically to ensure that you are aware of any changes. If we make a material change to these Terms & Conditions, we will notify you by posting the change within our Services or in these Terms & Conditions, and, if necessary, give you additional choices regarding such change prior to the change becoming effective. Your continued use of the Services will signify your acceptance of these changes.

13.8 Captions and Headings

The captions and section and paragraph headings used in the Terms are inserted for convenience only and shall not affect the meaning or interpretation of the Terms & Conditions.