These terms of service (the “Terms of Service”) create a legally binding agreement between Modoyo AB, or its relevant affiliates, (“Modoyo” , “we” or “us”) and you, the end user (“you” or a “user”).

The Terms of Service, 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 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. In this Agreement, Services refers collectively to all aspects of the Services and, where applicable, to specific components of the Services, such as individual video games provided by us

You must be, and hereby affirm that you are, an adult of the legal age of majority in your country or state of residence.

Your access and use of our Services is licensed to you, not sold, on the terms set out in the end user license agreement (the “EULA”), which can be found via the following link: www.modoyo.com/eula.

The EULA constitutes an integrated part of this Agreement, the conditions of which shall apply to the EULA and vice versa. In the event of any inconsistency between these Terms of Service and the EULA, the EULA shall take precedence. These Terms of Service and the EULA constitute one complete agreement, and these Terms of Service and the EULA shall hereinafter be collectively referred to as the “Agreement”. The EULA is 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. All access to and use of the Services and any games is subject to this Agreement.

If you are a consumer located within the EU, you may have a statutory right to withdraw from this Agreement within fourteen (14) days of the transaction. HOWEVER, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BY ACCEPTING THIS AGREEMENT , YOU EXPRESSLY CONSENT TO THE IMMEDIATE PROVISION OF THE SERVICES AND ACKNOWLEDGE THAT , AS A RESULT , YOU WILL NOT HAVE A RIGHT OF WITHDRAWAL. CONSEQUENTLY , YOUR RIGHT OF WITHDRAWAL WILL BE WAIVED IN ACCORDANCE WITH APPLICABLE LAW.

We reserve the right to change, modify, suspend, discontinue or cease providing the Services, a particular Service or any part thereof or any site or material we provided in connection with the Services, in our sole discretion and at any time. If practicable, we will provide you with a thirty (30) days’ notice via the Services or via email. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to the Services or parts thereof, also in our sole discretion.

T o access and use the Services or parts thereof (including individual games), you may be required to create and/or maintain an account with Modoyo or a third-party platform (e.g., Steam).

If you use a third-party account to access the Services, you are subject to the terms of use and privacy policies of that third party. Modoyo is not liable for any issues, obligations or disputes arising from your use of third-party accounts, including account suspension, termination or data breaches. It is your responsibility to review and comply with any applicable third-party terms and policies.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Modoyo does not guarantee continuous or secure access to third-party accounts and is not responsible for any interruptions or limitations caused by third-party platforms. If your third-party account is terminated or otherwise becomes inaccessible, this may affect your ability to access the Services.

The Services may include opportunities to purchase virtual items, currency or game play enhancing effects such as experience boosts or other in-game content (collectively "Virtual Items").

When you purchase Virtual Items, you are granted a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to access and use the Virtual Items solely within the Services and as permitted by this Agreement. You acknowledge that you do not acquire any ownership interest in the Virtual Items, and all rights in and to the Virtual Items remain the exclusive property of Modoyo or its licensors.

You acknowledge that Virtual Items have no real-world monetary value and cannot be redeemed for cash, goods or other items of monetary value outside the Services. Virtual Items are solely for entertainment purposes and may only be used as part of the Services and as authorized by Modoyo.

Virtual Items may not be assigned, transferred, resold or exchanged, whether within the Services or externally, except as explicitly permitted by Modoyo.

Modoyo reserves the right to manage, regulate, modify or remove Virtual Items at its sole discretion, and Modoyo shall have no liability to you or any third party if it exercises such rights. Virtual Items may expire or become unavailable if Modoyo discontinues the Services or certain features.

We may require you to pay a fee for all or any part of the Services or Virtual Items. This may also change from time to time. You agree to timely and fully pay any such fees, including any fees for any other products and services ordered in connection with the Services. You are responsible for providing Modoyo with valid credit card information to secure payment. Modoyo reserves the right to cancel any order if the credit card information you provide is not valid. Payment may be processed in cooperation with third party payment service providers.

The fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. We may, from time to time, modify, amend or supplement our fees and fee-billing methods, effective immediately upon posting in this Agreement or elsewhere on our websites, apps or in the Services.

Subject to applicable law, any applicable fees and other charges for fee-based Services are payable in advance and are not refundable in whole or in part.

Without prejudice to any other suspension or termination rights hereunder, we reserve the right to suspend or terminate your account if you fail to timely pay any fees you owe to us, if we have to refund someone due to unauthorized use of a payment made from your account, or if you engage in any payment fraud or misrepresentation.

When you use the Services, we may collect and store data from your computer or device, including information about your computer or device, hardware, installed software and operating system (such as IP address and device ID), information about your usage, gameplay and usage statistics, system interactions and peripheral hardware. Modoyo uses this information to operate its business, improve its products and services, provide services to and communicate with you (including for marketing purposes), provide software updates, dynamically serve content and software support, enforce this Agreement and trouble-shoot bugs or otherwise enhance your experience. You acknowledge and agree to this.

Information about how Modoyo processes personal data can be found in our privacy policy, located at www.modoyo.com/privacy.

Modoyo and, as applicable, its licensors, remain the sole owner(s) of all rights, titles and interests in and to the Services. Except as expressly stated in this Agreement, Modoyo does not grant you any rights to any intellectual property rights, including without limitation, patents, copyrights, trade secrets and trademarks or to any other rights in respect to the Services. Modoyo reserves all rights not expressly granted under this Agreement.

The names, logos, characters, brands and product and service names appearing in the Services may be protected trademarks or service marks of Modoyo or third parties. The use of any such trademark and/or service mark without the express written consent of the respective holder is strictly prohibited.

You have no obligation to provide Modoyo with feedback or ideas. However, any feedback, suggestions, ideas, concepts or other information you provide to us or that you otherwise make available to us relating to the Services and associated media and materials or new potential games, modes, products, content, Services, functionalities or features (collectively, "Feedback") will be the sole property of Modoyo. T o this end, you irrevocably assign any and all rights, titles and interest you may have in the Feedback to Modoyo, including all intellectual property rights and the rights to alter, amend, translate or otherwise change the Feedback and the right to freely transfer, license and assign such Feedback. T o the extent any rights to the Feedback are not assignable, you grant Modoyo a perpetual, worldwide, irrevocable, royalty-free, sublicensable and transferable license to use, modify, reproduce, distribute, display, perform and create derivative works from the Feedback in any manner and for any purpose, including the right to freely change, amend or adapt the Feedback.

Any Feedback you provide is deemed non-confidential and unsolicited. Modoyo is free to use Feedback without any obligation to you. Modoyo is under no obligation to review, use, implement or respond to any Feedback. Modoyo will not owe you any compensation, renumeration, consideration, credit or acknowledgment for the use or non-use of Feedback, and you hereby irrevocably waive any claims against Modoyo arising from Modoyo’s use or non-use of the Feedback.

You acknowledge and agree that you retain no rights in the Feedback or in any Services including any games, modes, features, functionalities or other materials created or derived from the Feedback, whether such creations are identical or similar to, or entirely independent of, your Feedback.

By providing us with Feedback you represent and warrant that you are the entitled to grant Modoyo the rights, titles and interest stated in this Section 10.

You hereby acknowledge and expressly agree that your Feedback will not grant you any right, title or interest in the Services, in the Feedback itself or in any other game, product, service, material or work developed, produced or otherwise created by Modoyo.

You are responsible for obtaining and maintaining an appropriate device, service plan, internet connection and all other required software, hardware or equipment to access and use the Services. We do not guarantee that the Services can be accessed and used on any specific hardware or device or with any specific service plan.

If and to the extent the Services require access to third-party services or accounts, such as platform or digital storefront accounts, you are responsible for complying with the terms and conditions of those third parties.

Modoyo is not liable for issues arising from third-party equipment, hardware, services or accounts such as platform accounts, internet access or terminal equipment (e.g., computers).

The Services may contain additional software that requires you to agree to additional terms prior to your use thereof (“Additional Software”). You agree that Modoyo may install Additional Software on your hard drive as part of the installation of the Services (if any), from time to time during the term of this Agreement. You may not use any Additional Software in any way not explicitly authorized under the additional terms. In the event that Modoyo grants to you a valid license to use and activate the Additional Software, all use of the Additional Software shall be subject to the terms of this Agreement.

The Services may contain links to other websites or services. Modoyo does not review or evaluate the websites or Services linked to, in or via the Services and is not responsible for the accuracy, copyright compliance, legality, decency or appropriateness of the content on such third party websites or services, nor is Modoyo responsible for the advertising, products or other materials that appear on or are offered by such third party websites or services. You should carefully review the respective conditions of use for any third party website or services. Under no circumstances shall Modoyo be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods, services available on such third party websites or services.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE, ” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT , TITLE AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE AND THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES AND ANY GAME(S) REMAINS WITH YOU, THE USER.

Some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. Modoyo takes no responsibility and shall not be liable for such effects and end results and you are using the Services at your own risk.

T o the fullest extent allowed by applicable law, Modoyo, its parent, subsidiaries, licensors, affiliates, agents, representatives and employees shall not be liable for any loss or damage arising out of your use of or inability to access or use, the Services. Without prejudice to the foregoing, Modoyo’s liability shall never exceed the total fees paid by you to Modoyo during the six (6) months prior to your making a claim against Modoyo, unless applicable law explicitly disallows this limitation, in which case Modoyo’s liability shall be limited to the fullest extent permitted by applicable law.

You hereby agree to defend, hold harmless and indemnify Modoyo, its parent, subsidiaries, licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by any of them arising out of or from any violation by you of this Agreement or your misuse of the Services or of any specific services or features associated therewith, including but not limited to any Feedback or Games.

This Agreement becomes effective upon your acceptance of its terms and conditions, such as by clicking "accept" on a platform or within a game or by accessing and using the Services. The Agreement will remain in effect until terminated by either you or Modoyo in accordance with its terms.

This Agreement shall automatically terminate, without further action by either party, if Modoyo determines, at its sole discretion, to discontinue any part of or all of the Services. Modoyo may provide reasonable advance notice of such discontinuation where practicable.

We may terminate your access and use of the Services, a particular Service or any part thereof if we, in our sole discretion, determine that you have violated this Agreement or that there has otherwise been unlawful, improper or fraudulent use of the Services.

If this Agreement is terminated, you will not have access to the Services (or the relevant parts thereof) and may you be barred from accessing or using the Services again. Upon termination, your license(s) under this Agreement also terminate. Consequently, you may lose access to the games and in-game purchases constituting part of our Services.

Instead of terminating the Agreement, Modoyo may alternatively issue you a warning, suspend, restrict or alter your access to a particular Service or part thereof, remove or revoke access at account or device level, remove or delete any Content (as defined in the EULA) which is in violation with this Agreement. If Modoyo takes any action described in this Section, you will not be entitled to a refund (subject to any statutory refund rights). Actions are cumulative and repeated rule-breaking may result in this Agreement and any licenses hereunder, being terminated.

When practical, Modoyo may notify you of any termination, suspension or other restriction of the Services, a particular Service or parts thereof.

If you believe that any action has been taken against you in error, please contact our customer support at info@modoyo.com.

You may terminate this Agreement by sending us a written notification of your wish to terminate to the contact details set out below. If you terminate this Agreement, you agree and acknowledge, that all access to use of the Services, including our games and potential in-game purchases, shall cease and be terminated.

Any provisions of this Agreement that, by their nature, are intended to survive termination or expiration shall remain in full force and effect. This includes, but is not limited to, provisions on: Modoyo’s ownership of its intellectual property rights, disclaimers of warranties, limitations of liability and governing law and dispute solutions.

Except as expressly set forth to the contrary herein, if any part of this Agreement is determined to be invalid, void, illegal or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.

Modoyo may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Modoyo’s prior written consent. Your assignment of this Agreement without Modoyo’s prior written consent shall be void.

Modoyo’s failure to enforce a provision of this Agreement shall not be construed as a (i) waiver of such provision, or (ii) diminishment of any right to enforce such provisions. Further, Modoyo may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

Modoyo reserves the right to unilaterally modify, amend or add to or otherwise alter the terms of this Agreement or any part thereof at any time by reasonable notice via our website or via other appropriate means. Unless otherwise noted, the amended Agreement will be effective immediately and your continued use of the Services will confirm your acceptance of the changes. If you do not agree to the amended Agreement, you must stop using the Services.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIMS UNDER THIS AGREEMENT MUST BE MADE IN YOUR INDIVIDUAL CAPACITY , AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, REQUESTS FOR PUBLIC INJUNCTIONS, AND ANY OTHER PROCEEDING OR REQUEST FOR RELIEF WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT ALLOWED AND WAIVE ANY RIGHT YOU MAY HAVE TO ANY SUCH PROCEDURE, INCLUDING COMBINING INDIVIDUAL PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES.

PLEASE READ THIS SECTION CAREFULLY . IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY .

This Agreement shall be governed by and construed in accordance with the substantive law of Sweden, without regard to its conflicts of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

To the fullest extent under applicable law, any dispute, controversy or claim arising out of or in connection with the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the SCC Arbitration Institute (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, considering the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English, unless otherwise agreed by the Parties.

If you are a consumer residing within the EU, you may be entitled to bring a claim to the court in your country of residence.

With respect to any claims not subject to binding individual arbitration and which cannot be brought in small claims court in the country in which you reside as set out above, the Parties agree to submit to the exclusive jurisdiction of the courts of Sweden, with the district court of Stockholm (Sw. Stockholms Tingsrätt) as the first instance.

Notwithstanding this Section 22 Modoyo shall be entitled to take direct legal action in a competent court within your home jurisdiction as necessary to reasonably secure Modoyo’s rights and interests and to be able to enforce any judgment obtained by Modoyo. SECTIONS 21 AND 22 SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Modoyo is a Swedish limited liability company, corporate reg. no. 559252-7625 having its registered offices at Tjärhovsgatan 34, 116 21 Stockholm, Sweden.

Email: info@modoyo.com

Phone number: +46 (0)793247214

Further information and contact options may from be available time to time at our website:

www.modoyo.com