Interco Industries, LLC


ARKERO VR GAME PRIVACY POLICY


Last Updated: November 1, 2022.

Welcome to Arkero VR!


Interco Industries LLC hereafter referred to as “Interco.ai” is headquartered in Austin, TX. We and our subsidiaries have offices and operations located around the world that help create and deliver Virtual Reality products and services, including games like Arkero VR and other gaming platforms, social accounts, Artificial Intelligence models, data analytics tools and other assorted development tools.


This privacy policy describes the different ways we may collect, use, and share information on, through, or in connection with the Services. If you have any questions, you can always reach out to us as described in “Contact Us” below.


When we refer to “Arkero VR” (or any similar terms like “we” or “us”) in this privacy policy, we mean the Interco Industries LLC entity that controls and is responsible for your information, including Arkero VR Game, other future created games, and its subsidiaries that help provide and support the Arkero VR Game Services. You can also find details about the data controller for personal information we collect through different Arkero VR Services in “Contact Us” below.


 


1. WHAT ARE THE ARKERO VR  SERVICES?


We use the term “Arkero VR Services” to describe any Interco.ai products or services that directly link to this privacy policy. These include, for example:


  • Games like Arkero VR https://www.arkerovr.com/


  • https://www.meta.com/legal/quest/privacy-policy-for-oculus-account-users/


 


Note that your use of the Arkero VR Services may also be subject to additional terms and conditions. For example, you must review and accept the PLAYER/TESTER Agreement (Link) to play Arkero VR.


Please read this entire privacy policy. You should also carefully review any other agreements that apply to the Arkero VR Services you use, and confirm you understand and agree to them, before using those products or services.


 


2. WHAT INFORMATION DO WE COLLECT?


The types of information we collect depend on how you interact with us. Generally speaking, we collect information in three main ways: A) when you provide it to us, B) automatically when you use the Arkero VR Services, and C) from service providers and third parties.


          A. Information You Provide


You can provide us with different kinds of information depending on how you interact with the Arkero VR Services. Sometimes we’ll ask you to provide specific pieces of information, such as when we require it to provide parts of the Arkero VR Services to you (for example, by prompting you to complete an online registration process). If we ask you to provide us with information in these cases and you choose not to, you may not be able to access the relevant Arkero VR Services and/or some features may not operate as intended.


For instance, in order to make purchases on the Arkero VR Game Store and to play some of our games, you’ll need an Meta Quest account. To create one, you’ll need to provide us with basic registration information like your name, a public-facing display name, password, the country you live in, and email address. If you want to make a purchase, we may ask you to provide payment-related information (like your credit card number and expiration date) to complete the transaction.


We also collect the information you voluntarily provide to sign up for email alerts, use social features like forums or chat, register for early access to our games, use our developer tools (including to create and publish games and other content), complete surveys, or contact us through Player Support requests or customer service. If you enter a contest or competitive event, or participate in our ALPHA/BETA Testing or Streaming program, we’ll collect your application information and other information we may need to help confirm your eligibility and process payouts. We collect whatever information you choose to provide to us in those or other similar cases.


         B. Information We Collect Automatically


We collect some information automatically when you visit, access, or use the Arkero VR Services. This includes information about your gameplay or application usage, purchases, entitlements, and other activity in the Arkero VR Services, typically associated with your account (if you are logged into your Arkero VR account or use a third-party account to access the Meta Quest Account) or with an identifier we have assigned to your device or profile. While the specific types of information that we automatically collect may vary, they generally include:


  • Usage information and statistics about how you interact with the Arkero VR Services, including the application you used or the game you played, how long you used or played it and when, gameplay attempts, progression and results, saved preferences, crash reports, the URLs of our websites that you have visited, URLs of referring and exiting pages, page views, time spent on a page, number of clicks, and platform type;


  • Technical information about your computer, device, hardware, or software you use to access our services, such as IP address, device identifiers, your internet service provider, plugins, or other transactional or identifier information for your device (such as device make and model, information about device operating systems and browsers, or other device or system-related specifications); and


  • The general location of your device, which we typically derive from your device’s IP address.


The Services use technologies such as cookies, log files, and web beacons to automatically collect the types of information listed above. Some of these technologies may create small files or record-keeping tools that may be stored on your device. They help us, our service providers, and third parties recognize your device and provide information about how you use and interact with the Services. For example, they support our ability to  authenticate users, remember preferences, manage advertising, personalize experiences, and conduct data analytics.


Please note that if certain features on the Arkero VR Services are provided by third parties, those third parties may also use automated means of data collection and may record information about your use of the Arkero VR Services or others’ websites over time. These features are subject to those third parties’ privacy notices and policies.


         C. Information We Collect from Other Sources


In some cases, we may also receive information about you from service providers and third parties in connection with your use of the Arkero VR Services or your interactions with us on other platforms.


For example, some other developers allow you to use your Meta Quest account to log in to their service. And if you choose to link your Meta Quest account with your account on a third-party social media (like Facebook), gaming (like Steam), or other similar website or service, or if you interact with an ad for one of the Arkero VR Services on an external website or service, the company that operates that website or service may share some information with  in accordance with their own privacy practices. Your privacy settings on the other company’s website or service typically control the specific types of information they can share with Arkero VR, so please be sure to review and update them regularly. Common examples for linked accounts might include your third-party account display name and user ID, as well as associated device information, name, and email address. For participants in our ALPHA/BETA Testing or Streamer program, we may also collect the number of social media account followers you have for program eligibility purposes.


You can also buy, download, or access some Arkero VR Services on or through services operated by third parties. If you do, they may provide us with information to facilitate your access to and use of the Arkero VR Services. This typically includes information like your display name, user ID, and device and region information. For example, you can choose to download and play games like Arkero VR on gaming consoles (like Oculus) through your gaming console account. When you do, the company operating that platform or service may share some information with us, which helps us do things like facilitate your gameplay and track your progression and entitlements.


         D. Fraud Prevention & Anti-Cheat


Providing users with a fair, balanced, and competitive experience on the Arkero VR Services is extremely important to us. We strictly enforce prohibitions against cheating, hacking, account stealing, and any other unauthorized or fraudulent activity on the Arkero VR Services. We use a variety of anti-cheat and fraud prevention technologies to help us identify and prevent malicious activity. These services may collect and analyze data about your computer and the software on your computer to detect cheating and may be provided by Arkero VR or by third party service providers.  


3. HOW DO WE USE INFORMATION?


As a general matter, we use the information we collect (either individually or in combination with other information collected as described in this policy) to help us provide, improve, customize, analyze, and promote the Arkero VR Services.


This includes using it for purposes such as:


  • Creating, verifying, and managing user accounts and features;


  • Providing the Arkero VR Services, as well as support and assistance for them, including by responding to inquiries, processing transactions or requests, and communicating with users (such as by sending service and account-related messages and updates);


  • Developing, delivering, and improving the Arkero VR Services and other offerings, some of which may be offered in partnership with other parties;


  • Personalizing your experience, including by presenting content or features better tailored to you or your interests, or our inferences about your interests (for instance, if you frequently play games in a certain genre, we may infer that you’d be interested in that genre and suggest similar games to you);


  • Promoting the Arkero VR Services, including managing, customizing, and measuring the effectiveness of our advertisements, promotional offers, surveys, and events;


  • Managing alpha, beta, or early access tests (and collecting feedback);


  • Conducting data analytics (like analyzing how the Arkero VR Services are used so we can better understand, improve, and personalize them);


  • Complying with our legal or contractual obligations and enforcing our terms; and


  • Securing the Arkero VR Services, such as by detecting fraud and otherwise protecting Interco.ai and other users from illegal or harmful actions.


We may also process information that does not identify you individually, including aggregate or de-identified information that we create or collect from other sources. This information helps us better understand larger groups of users. If we combine this information with information that identifies you, we will treat it as described in this privacy policy. But please note that this privacy policy does not restrict our ability to process information that does not individually identify you, and we may use and disclose aggregated or de-identified information for any reason permitted by law.


 


4. HOW DO WE SHARE INFORMATION?


We may share some of the information we collect to help operate and improve the Arkero VR Services. Depending on how you interact with us, common examples might include sharing:


  • With console and platform partners (for example, to facilitate gameplay when you access the Arkero VR Services through a third-party console provider);


  • With other game developers (such as to enable features for games you acquire through the Arkero VR Games Store);


  • With other users (like if you use social features such as chat);


  • Publicly (for example, your display name, content you create or share, basic game statistics, and other similar information may be generally accessible to others);


  • With service providers that operate on our behalf to help support the Arkero VR Services in accordance with our instructions (for example, cloud storage providers, payment processors, or marketing and advertising partners);


  • When we believe we must in order to comply with the law or to protect you, Interco.a, or others (for example, in response to court order or subpoena, as part of an investigation of fraud or other illegal activity, or violation of our terms or policies, or if necessary to protect others from death or serious harm to body or property);


  • With other Interco.ai entities (including to help provide support for the Arkero VR Services internationally);


  • In connection with certain types of corporate transactions (like in the event of a restructuring or the sale of all or a significant part of our business); and


  • With your permission (for example, if you link external accounts with your Meta Quest account, or use your Meta Quest account to sign in to third-party games and services or participate in cross-promotional events the Meta Quest privacy policy will apply in these cases). View Meta Quest Privacy Policy for more information. 


  • We may also share information that does not identify you with third parties, including aggregate or de-identified information.


Third parties you interact with through Arkero VR Services may have different privacy practices than Interco.ai, so we encourage you to review their privacy policies before sharing your information with them.


 


5. CHILDREN’S PRIVACY


The Arkero VR Services are intended to be appropriate for general audiences and are not directed to children (usually considered to be under 13, depending on where you reside). Interco.ai does not intentionally collect personal information from children without seeking any required parental approval in accordance with applicable legal and regulatory obligations, such as the U.S. Children’s Online Privacy Protection Act (“COPPA”).


We may ask you to provide age-related information in order to help us comply with laws like COPPA. For example, we may request your date of birth to determine whether COPPA requires us to obtain verifiable parental consent from your parent or guardian before allowing you to access the Arkero VR Services. If a user indicates they are a COPPA minor, we’ll require that user to complete a parental approval process before continuing to access the relevant Arkero VR Services. This process is designed to notify parents that their child has requested access to the Arkero VR Services, inform them about Interco.ai’s privacy practices, offer them the opportunity to approve Interco.ai’s collection and use of their child’s information as described in this policy, and describe the controls that we make available to them.


Once a parent provides their consent, we’ll give them an opportunity to review and change important account settings that control how their child can interact with the Arkero VR Services. Parents are also generally free to change or revoke the choices they’ve previously made, and can review the personal information associated with their child’s account or request that we delete it from our systems. To submit these requests or ask us any other questions you may have about how we handle your child’s personal information, please see “Contact Us” below.


Authorized child accounts are otherwise treated much like other Interco.ai accounts. They can generally play approved games such as Arkero VR access communications and social features (like chat and friends lists), and freely interact with most of the Interco INC Services (including downloading other games from the Meta Quest Games Store). For additional details, please see “What Information Do We Collect?”, “How Do We Use Information?”, and “How Do We Share Information?” above. 


6. YOUR CHOICES AND CONTROLS


We seek to provide you with meaningful choices about the personal information we collect. The specific choices available to you often vary depending on the exact nature of our relationship with you, such as the Arkero VR Services you use. Common examples include:


  • You can request that we provide access to, or that we correct or delete, personal information we’ve collected from you. Please submit requests to access, update, or delete personal information associated with your Arkero VR account by reaching out to us as described in “Contact Us” below. Note that we may ask you for additional information to help us verify who you are before completing your request.


  • You can change your email marketing preferences at any time, such as by using the opt-out mechanism provided in our marketing emails by contacting us with your request (see “Contact Us” below).


  • You can change your privacy settings on other parties’ websites (such as social networks) or platforms (like console providers) to limit the information they may share with us.


  • You can change your browser or mobile device settings to block, manage, delete, or limit tracking technologies like cookies. In some cases, blocking or disabling cookies may cause the Arkero VR Services not to work as intended and some features may not be available.


Some parts of the world provide individuals with specific choices related to their personal information by right under local law.


 


7. OUR GLOBAL OPERATIONS


Interco.ai. is based in the United States, but we operate globally to help provide users all around the world with a better experience on the Arkero VR Services. We have subsidiaries, offices, service providers, and partners worldwide to support these operations in a number of different ways. This means that Interco.ai may process the information we collect in connection with your use of the Arkero VR Services in places outside the region where you reside.


          A. Data Transfers


When you use the Arkero VR Services, your information may be transferred to or stored in the United States or other countries where we or our service providers operate. The data protection laws and rules in these countries may be different than those where you live. We rely on various legal mechanisms to help lawfully support transfers of information outside the country of collection where appropriate. If permissible under local law, you’re authorizing Interco.ai to process your information in any of the locations where we operate (including the United States) by using the Arkero VR Services.


To learn more about the Interco.ai entity responsible for operating the Arkero VR Services you use, see “Contact Us” below.  


          B. California Residents


The California Consumer Privacy Act or “CCPA” provides consumers residing in California certain rights with respect to their personal information. If you are a California resident, you may have the right to: (1) request to know more about the categories and specific pieces of personal information we collect, use, and disclose; (2) request deletion of your personal information; (3) opt out of sale of your personal information (if any); and (4) not be discriminated against for exercising these rights.


You or your authorized agent may make these requests by contacting us as described in “Contact Us” below. Note that we may ask you for additional information to help us verify who you are before completing your request. If we receive your request from an authorized agent, we may ask for evidence that you gave that person authority to submit requests to exercise rights on your behalf. We will not discriminate against you if you exercise your rights under the CCPA.


In the past 12 months, we have collected the following categories of personal information, as described in the CCPA:


  • Identifiers (such as email addresses);


  • Demographic information (like ages);


  • Commercial information (including entitlements or purchase history);


  • Internet or electronic network activity (for example, gameplay or website usage details);


  • Audio, electronic, visual, or similar information (like voice chat);


  • Geolocation information (such as may be derived from your IP address or included in your billing information);


  • Other “personal information” as defined under California law (like your credit or debit card information); and 


  • Inferences drawn from any of these categories (for example, about the genres of games you may prefer to play based on your purchase history).


For details about the precise data points we collect and the categories of sources where we got that information, please see “What Information Do We Collect?” above. We collect personal information for the business and commercial purposes described in “How Do We Use Information?” above.


Interco.ai does not sell the personal information we collect. We do, however, disclose personal information as described in this policy (see “How Do We Share Information?” above). In the past 12 months, we have disclosed personal information to the following categories of recipients:


  • Business partners (for example, if you request that we share your email address with the developer of a game you purchase on the Arkero VR Store);


  • Other Interco.ai entities (like to subsidiaries that may help support certain Arkero VR Services);


  • Other users (for example, if you use chat or social features on the Arkero VR Services);


  • Service providers (as described in “How Do We Share Information?” above);


  • Operating systems and platforms; and


  • Government entities or other third parties in response to a legal request.


          C. Residents Of The European Economic Area, The United Kingdom, And Switzerland


If you’re located in the European Economic Area (EEA), the United Kingdom (UK), or Switzerland, you have certain rights regarding how your personal data is processed.


Data Subject Rights


You may have the right to access, correct, or delete personal data we have collected about you through the Interco.ai Services. You may also have the right to a portable copy of the personal data you have provided, and to object to or restrict processing of your personal data, such as for direct marketing. Where you have provided your consent to our data processing, you have the right to withdraw consent.


You also have the right to make a complaint against us by contacting your local supervisory authority for data protection (if one exists in your country). We would, however, appreciate the chance to address your concerns before you contact a data protection regulator, and ask that you direct your complaint to us first.


Please see the “Contact Us” section below to learn more about reaching out to Interco.ai with any relevant concerns you may have. You can find more details about your local Data Protection Authority as follows:


https://www.interco.ai/contact-us 


Basis for Processing


The legal bases we rely on to process your personal data depend on the Arkero Services you use and how you interact with them. They primarily include:


  • Contractual Necessity: we process personal data to perform the Arkero VR Services you requested under our Terms of Service or other similar contractual agreements with you. For example, we process personal data to set up and maintain your account; process your purchases; authenticate users; provide user-experience features (like saving your preferences); monitor and analyze the Arkero VR Services; detect and prevent fraud, cheating, or other similar misuse; facilitate features like cross-progression that allow you to play a game on one platform and continue your progress on another, which may require us to share your information with third-party partners; and contact you about your account, transactions, or other updates. We also rely on performance of a contract to manage our relationship with you, which includes responding to your support requests or general inquiries, and notifying you about changes to our applicable terms or policies.


  • Legitimate Interests: we process personal data as needed for Interco.ai’s business purposes, as balanced against the potential impact on your privacy rights. This includes many common purposes that you’d reasonably expect, such as to: communicate with you, respond to your requests, or provide you with updates and information; better understand our users and their preferences; personalize your experience, save your preferences, authenticate our users, and provide similar user experience features; develop, deliver, and improve the Arkero VR Services and other offerings (some of which may be offered in partnership with other parties); manage and customize advertisements or promotional offers; secure and protect the Interco.ai Services; prevent fraud and illegal activity; and support internal purposes such as auditing and data analysis.


  • Legal Obligations: we process personal data when necessary to comply with legal obligations, such as responding to legitimate requests from law enforcement authorities or other government officials in accordance with relevant legal processes.


  • Consent: we process personal data when you provide us with your consent to do so. You aren’t required to provide consent if you do not want your personal data to be processed for the requested purposes, and you may withdraw your consent at any time.


 


8. SECURITY


We maintain appropriate administrative, technical, and physical safeguards to protect your personal information from accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use and other unlawful forms of processing. In some cases, your information is accessible when you log into a feature we offer, and in those cases you need to keep your user credentials and password confidential and secure so that your information is protected.  


 


9. UPDATES


We’ll update this policy from time to time to reflect changes in our practices or relevant laws. When we do, we’ll change the date noted at the top of the policy. In some cases we may also notify you of the relevant changes by email.. Please review this policy regularly to make sure that you understand your relationship with Interco.ai and the ways we may collect, use, and share information in connection with the Meta Store..


 


10. CONTACT US


If you have questions or concerns about Interco.ai. (such as game-related issues, trouble accessing your account, bugs or other technical problems, payment matters, or content and entitlement issues), please contact our Player Support teams. You can learn more about submitting support requests for products and services from:


  • Interco.ai to media@interco.ai


  • Arkero VR to Arkerovr@interco.ai




TESTER/STREAMER AGREEMENT


Alpha or Beta Testing, Confidentiality and Release Agreement 


Last Updated and Effective Date: November 1, 2022


This Alpha or Beta Testing, Confidentiality, and Release Agreement (the “Agreement”), is effective as of the date you accept this Agreement (“Effective Date”). This Agreement relates to your access to and use of yet to be released game content and software identified in the Alpha or Beta testing sign-up communication (the “Game”), and all content in and related to the Game (collectively, the “Alpha or Beta Test”). This Agreement is entered into by and between (a) Interco Industries LLC (Interco.ai), a Texas Corporation with its principal place of business in Austin, Texas, (b) the developer of the Game, as identified in the Alpha or Beta testing sign-up communication  (both the developer of the Game (Arkero VR) and Interco.ai will be referred to collectively as “The Company” in this Agreement, and each will be entitled to any rights contained within either individually or collectively), and (c) you, an individual, acting as an Alpha or Beta tester (“You”).


From time to time after the Effective Date You may elect to be a tester and participate in one or more Alpha or Beta Tests that are made available to You by The Company. As used in this Agreement the phrase “the Alpha or Beta Test” refers to each such Alpha or Beta Test individually and all such Alpha or Beta Tests collectively. Similarly, in this Agreement, the phrase “the Game” refers to each Game that is the subject of an Alpha or Beta Test individually and all such Games collectively. Unless The Company requires You to agree to a different agreement at the time You register or sign up to be a tester or participate in a specific Alpha or Beta Test, this Agreement will apply to all Alpha or Beta Tests of The Company’s Games.


Your participation in and confidential access to the Alpha or Beta Test are subject to the Terms of Use and Privacy Policy posted at the Game website (www.arkerovr.com), as may be revised from time to time, and by accepting this Agreement, you are specifically accepting and agreeing to the Terms of Use and Privacy Policy. All terms contained in the Terms of Use and Privacy Policy are incorporated by reference, including without limitation disclaimers of warranties and limitations of liabilities. If You wish to terminate this Agreement after acceptance, you may send an email to media@interco.ai .


By agreeing to this Agreement and participating in the Alpha or Beta Test, You agree to comply with the terms of this Agreement, the Terms of Use and the Privacy Policy, as may be revised from time to time. You agree that, to the extent permitted by applicable law, The Company is not liable for any loss of data or damages arising out of your participation as a tester, and you waive all such claims. By accepting this Agreement, You represent and warrant to The Company that You have read this Agreement prior to accepting this Agreement and are fully familiar with the terms and conditions; and You have not, and will not in the future, enter into any agreement or understanding, whether written or oral, with any third party that impedes or conflicts with this Agreement.


  1. To participate in the Alpha or Beta Test, You will need to install software on Your VR/ AR headset, mobile device, computer, and/or similar device together with other content (collectively, the “Software”). The Company will provide access to the Software via email account or access keys, and You agree that You will not provide the Software (or access key) to any other person or entity. Any Software provided to You by The Company in connection with the Alpha or Beta Test may be distributed to You by The Company alongside certain third party software provided under separate license terms.


  1. In connection with the Alpha or Beta Test You may provide comments, images, photos, videos, music, sounds, feedback, suggestions, ideas, concepts, inventions, characters, plots, titles, designs, art work, programs, techniques, code, or content of any kind (the “Content”) to The Company. You hereby unconditionally and irrevocably grant to The Company a non-exclusive, worldwide, fully paid and royalty-free, irrevocable, perpetual license, with rights to sublicense through multiple tiers of sublicensees, to use, reproduce, distribute, create derivative works of, publicly perform and publicly display the Content in any medium or format, whether now known or later developed. In the event that You have any rights, including without limitation artists rights or moral rights, in Content that cannot be licensed, You unconditionally and irrevocably waive the enforcement of such rights and all related claims and causes of action of any kind against The Company, The Company’s affiliates, or The Company’s customers. You represent and warrant that You have the right to provide the above license and waiver, and that doing so will not breach any obligations to or rights of any third parties, or violate any laws in any applicable jurisdiction. Without limitation, You specifically acknowledge understanding that the terms of this paragraph will survive any termination of this Agreement.


  1. You agree that all tasks that You may undertake relating to the Alpha or Beta Test, whether at the request of The Company or otherwise, shall be performed without any expectation of compensation or benefit of any kind. You acknowledge and agree that you are not a joint-author of any work, and that you are not entitled to any credit (and The Company granting some sort of credit will not impose any continuing obligation to provide that credit in the future). Nothing contained in this Agreement shall in any way constitute or establish any employment relationship, association, partnership, or joint venture.


 


  1. You agree that You will not disclose, nor make any use of, the Confidential Information of The Company. “Confidential Information” means all information or material of any kind relating to the Alpha or Beta Test, the Game or any other products and services which are made available to You by The Company under this Agreement, whether or not expressly designated as Confidential Information by The Company. Confidential Information includes, but is not limited to, all content or information relating to the Alpha or Beta Test, the Game, or the business practices of the Company. For the purposes of this Agreement, the term Confidential Information does not include information or material that You can demonstrate was known to You, without restriction as to use or disclosure prior to the disclosure by The Company, or is obtained, without restriction as to use or disclosure from a source having the right to disclose it without an obligation of confidentiality, or that has been made publicly available by The Company. You agree to hold in strictest confidence and not disclose or reveal to any person or entity Confidential Information without the express prior written consent of a duly authorized representative of The Company. As examples, You will not discuss the Alpha or Beta Test or Game with any member of the media or any game publisher or developer, and will not discuss the Alpha or Beta Test or Game in any online forum except the specific Alpha or Beta Test forums or Discord channels made available and expressly designated by The Company. Leaks or unofficial reports by others will not remove Your duty of confidentiality.


  1. If You wish to disclose Confidential Information (through streaming, posting videos, participating in online discussion, or otherwise), You must first receive written permission from an authorized representative of The Company. Instructions for requesting such permission, and details of what requests might be considered at a particular point in time, may be posted and revised on the Alpha or Beta Test forums or Discord channels or may be provided via email by a representative of The Company. Written or emailed permission may be given to You to stream, post, and share your gaming experience with the Game if requested by You and accepted by a representative of The Company. In the event permission is granted, You will provide The Company with the link to any content shared to anyone outside of this agreement. Links shall be sent to Arkerovr@interco.ai


  1. You shall not copy, alter, modify, disassemble, reverse engineer, or decompile the Game, Confidential Information, or any materials received during the Alpha or Beta Test or otherwise attempt to derive source code from the Game, without the express written approval of a duly authorized representative of The Company. The Company may post rules allowing a limited right to create modifications to the Game on the Alpha or Beta Test forums or Discord channels. Any such modifications constitute Content and Confidential Information, and you agree not to distribute such modifications to anyone who is not a participant in the Alpha or Beta Test until the Game has been released on marketplaces.


  1. Subject to Your compliance with all of the terms and conditions in this Agreement, The Company grants to You, for Your personal and private use only, a nonexclusive, revocable, non transferable license to use the Game solely in connection with Your participation in the Alpha or Beta Test. Upon the completion of the Alpha or Beta Test or termination of this Agreement, you agree to uninstall and remove the testing version of the Game and all related content. You agree that all intellectual property associated with or relating to the Alpha or Beta Test, the Game, software, techniques, know-how, processes and methodologies remain the sole and exclusive property of The Company. Except for the express license set forth above, nothing in this Agreement shall be construed in any way to grant You any license, right, interest, or expectation under any patent, trademark, copyright, trade secret, know-how or technology that The Company may have, acquire, or generate relating to the Alpha or Beta Test or the Game. You agree that The Company may terminate the Alpha or Beta Test, the license set forth above, or this Agreement at any time and without compensation of any kind. The Company may limit access to and use of the Game or delete or render incompatible saved games. The Company reserves the right to suspend, restrict, or cancel the Alpha or Beta Test, and may terminate Your participation in the Alpha or Beta Test at The Company’s sole and absolute discretion.


  1. You agree that Your obligations are of a unique nature for which monetary damages alone would not provide adequate compensation, and that the material breach of any such obligations will cause The Company irreparable injury. The Company will be entitled to immediate equitable relief to prevent such injury, including injunctions. For the avoidance of doubt, the choice of law and venue provision contained in the Terms of Use applies fully to any dispute relating to your participation in the Alpha or Beta Test.


  1. Paragraph 2, 4, 6, and 8 will survive the termination of this Agreement, alongside all provisions incorporated by reference from the Terms of Use or elsewhere that would survive the termination of those other agreements