This end user license agreement (the “EULA”), together with Modoyo’s Terms of Service (as defined below), creates a legally binding agreement between Modoyo AB, or its relevant affiliate, (“Modoyo”, “we” or “us”) and you (“you” or a “user”).

The EULA, together with any other documents expressly incorporated by reference, govern the access to and use of Modoyo’s website(s) (including www.modoyo.com) games and other applications, including, but not limited to any content, functionality, features, instructions, documentation and services offered in connection therewith, whether installed or used on a computer, console or mobile device (collectively the “Services”), whether to guests, visitors or registered players and users.

Your access to and use of the Services are also governed by Modoyo’s Terms of Service, available at www.modoyo.com/terms-of-service (the “Terms of Service”). The Terms of Service and this EULA constitute one, integrated agreement (hereinafter collectively referred to as the “Agreement”). (In the event of any inconsistency between the Terms of Service and this EULA, this EULA shall however take precedence).

Provisions on payment terms, warranty disclaimers, limitations of liability, applicable law and jurisdiction for disputes, amongst others, are set out in the Terms of Service.

The Terms of Service are hereby incorporated by reference and the Agreement represents the complete agreement and understanding between you and Modoyo relating to the access to and use of the Services.

Subject to, and expressly conditioned upon your compliance with, the terms and conditions of this Agreement, including but not limited to your adherence to the License Restrictions set out in Section 4 and the Code of Conduct set out in Section 6, we hereby grant you a non-exclusive, non-assignable, non-transferable, non-sublicensable, revocable license to install, access and use for the intended purpose the particular Service(s) for which you have purchased a license from us or our authorized representative (e.g., Steam). This license is granted solely for personal and non-commercial entertainment purposes and is limited to downloading and installing the necessary software on a single, personal device.

Your access to and use of the Service(s) is licensed to you, not sold. You hereby acknowledge that no rights, title or interest of ownership and/or intellectual property rights in connection with or arising out of the Service(s) is being transferred or assigned to you, and that this Agreement should not be construed as a sale, transfer or assignment of any of Modoyo’s, or our licensors’ , rights, titles or interests.

You agree that you will not, in whole or in part, directly or indirectly, under any circumstances, do or assist others in doing the following except when expressly authorized by Modoyo in writing:

• copy, reproduce translate, reverse engineer, derive source code from, modify, disassemble, decompile, translate, change or create derivative works based on or related to, any of the Services;
• create, use, offer, promote, advertise, make available and/or distribute:
  • cheats including any methods (whether via hardware, software or otherwise) that exploit in-game bugs or provide an unfair advantage over other players,
  • bots, including any code or software enabling automated control of gameplay or game features, such as character actions,
  • hacks, including unauthorized access to or modification of any part of the Service’s software, or
  • any code or software that alters or facilitates gameplay or modifies any functionality of the Services or its components;
• modify any file or any other part of the Services that Modoyo does not specifically authorize you to modify;
• use the Services, including a game, in connection with any unauthorized third-party “cloud computing” services, “cloud gaming” services, or any software or service designed to enable the unauthorized streaming or transmission of game content from a third-party server to any device;
• use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Services;
• create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Services;
• host, provide or develop matchmaking services for the Services, or intercept, emulate or redirect the communication protocols used by Modoyo in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
• facilitate, create or maintain any unauthorized connection to the Services including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Services, or (ii) any connection using third-party programs or tools not expressly authorized by Modoyo;
• attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Services or any component thereof, or any of your license or other rights granted hereunder, to any other party in any way not expressly authorized herein; or
• disrupting any computer, system, infrastructure or software used to support, enable or otherwise monitor the Services or any part thereof.

You acknowledge and accept that the unauthorized use of the Services or other intellectual property rights owned or controlled by Modoyo or its licensors may be a criminal offense as well as a violation of this EULA. Modoyo reserves the right to take legal action in the event of such unauthorized use of its intellectual property rights.

You acknowledged that some of the Services may include social features such as voice and text chat, or otherwise allow you to distribute, share or disseminate content (“Content”). When using these features, you are required to comply with our Code of Conduct, as set forth below. If we receive a report or complaint about inappropriate Content, we may review your chat history without prior notice. Modoyo reserves the right to record, store and monitor voice and text chat, as well as any other interactions between players or users, for purposes we deem necessary. These purposes may include preventing toxic behavior, ensuring compliance with this Agreement, or maintaining the functionality of social features. Monitoring and storage will be conducted for a duration and in a manner determined by Modoyo, in accordance with applicable laws.

When accessing or using the Services, including in the context of Content, you agree to abide by the following code of conduct (the “Code of Conduct”). You must not, in whole or in part, engage in, assist, promote or encourage any of the following prohibited activities:

• use the Services to violate any applicable laws or regulations;
• engage in conduct that disrupts or diminishes the game experience for others. This includes but is not limited to harassment, griefing, spamming, abusive behavior, deliberate inactivity, disconnecting or any other action that disrupts the normal flow of gameplay;
• engage in cheating or other anticompetitive behavior, such as boosting, collusion or matchmaking manipulation;
• use or distribute unauthorized third-party programs, including add-ons, mods, hacks, trainers or cheats such as software, files or scripts, that facilitate or enable cheating of any kind, mines or otherwise collects information, or bypass, modify or hack the Services’ interface, environment or protections;
• exploit any part of the Services for unauthorized purposes (including but not limited to, sale of in-game currencies or items outside of the Services, advertising or facilitating commercial transactions);
• use any of the Services for any e-sport or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without obtaining additional authorization from Modoyo or obtaining Modoyo’s prior written consent;
• interfere with or disrupt the Services, servers, or related infrastructure and hardware, including denial-of-service attacks, spamming, hacking, or uploading malicious software;
• harass, threaten, bully, or demean others, including Modoyo employees or representatives. This includes personal attacks, hate speech and offensive statements regarding race, political or philosophical beliefs, health, sexual orientation, religion or culture. This applies no matter the format or medium of the communicated Content, including texts, voice-chats, images and behavior. For clarity, this applies to any specific Content as such, as well as to communication and behavior taken as a whole;
• create, share, or promote Content that is abusive, harassing, profane, threatening, hateful, vulgar, obscene, sexually explicit, defamatory, infringing or invasive of another’s privacy;
• publish, post, upload or distribute Content that is illegal or that you do not have permission to freely distribute or that may reasonably be considered objectionable;
• post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities;
• impersonate another person, or falsely imply that you are an employee, affiliate or representative of Modoyo’s;
• misuse in-game support or other support functions, such as making false reports or submitting unreasonable or repeated requests;
• attempt to obtain passwords, account information or other private data from other users;
• use bots or other automated tools, software or scripts to access or exploit the Services, such as scraping data, creating accounts or copying content;
• otherwise engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of the Services or part thereof; or
• use information about users (e.g., leaderboards) for purposes unrelated to the Services, including attempts to identify users in the real world.

Modoyo may use technologies to detect, prevent, moderate, remove, restrict or otherwise limit unwanted Content, violations of the Code of Conduct, violations of the License Restrictions, cheating in the use of the Services, particularly in our games, or other violations of this Agreement. These technologies may be developed by Modoyo or third-party providers. T o this end, these technologies may use kernel, admin or user privileges, and monitor and collect from your gameplay and device's RAM or other memory, processes, visuals, communications and file storage for the purposes of detecting violations of, and enforcing, the above-mentioned, including the use of unauthorized third-party programs. Furthermore, Modoyo may collect relevant information during investigations of suspected violations, including account details, information about unauthorized third-party programs, game files that were altered, and timestamps of detected cheating activity.

If Modoyo determines that you have engaged in cheating, violated the Code of Conduct, the License Restrictions or this Agreement, Modoyo reserves the right to take enforcement actions with respect to a particular Service, a part thereof or to all Services. Modoyo’s enforcement actions which may include, at Modoyo’s discretion: (a) terminating your license(s) to the Services, (b) restricting or suspending your access to the Services, and/ (c) removing, altering or restricting your Content. These enforcement actions are without prejudice to, and may be pursued in addition to, any other remedies or actions available to Modoyo under applicable law or this Agreement.