TERMS OF SERVICE

1. SCOPE AND ACCEPTANCE

These Terms of Service (“Terms”) are a binding agreement between you and Delusional, Inc., a Delaware corporation (“Delusional,” “we,” “us” or “our”). They apply to every game, app, website and service published by Delusional, Inc., under any brand and on any platform, now or in the future, together with their content, updates, online features, virtual items and related support (together, the “Services”).

By downloading, installing, accessing or using a Service, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Services.

Some Services show additional rules inside the Service, such as community guidelines, event or tournament rules, or the terms of a specific offer. Those rules form part of these Terms. If they conflict with these Terms, the additional rules control for that Service, except that they never override Section 21 (Dispute Resolution and Arbitration).

2. ELIGIBILITY

You must be at least 13 years old, or any higher minimum age required where you live, to use the Services. If you are under 18 (or the age of majority where you live), you may use the Services only with the permission of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the Services, including any purchases.

You may not use the Services if we have previously banned you or terminated your account, or if you are barred from using them under the laws of the United States or any other applicable country.

3. ACCOUNTS

• Depending on the Service, you may sign in with a platform account (such as Apple, Google or Steam) or play as a guest with an anonymous account that we create for you.
• One account per person per Service, unless the Service says otherwise. Do not share your account.
• Keep your sign-in credentials and devices secure. You are responsible for all activity under your account, whether or not you authorized it.
• Guest and anonymous accounts are tied to your device or app installation. If you delete the app, clear its data, lose or change your device, or the account is inactive for a long time, your progress, items and currency may be lost permanently, and we are not responsible for restoring them.
• Accounts, progress, virtual currency and virtual items cannot be sold, bought, traded, gifted or otherwise transferred, except through a feature we provide for that purpose.
• Your username, display name and profile must not impersonate anyone, infringe anyone’s rights, or break Section 6. We may change or remove any name at our discretion.
• Where a Service has accounts, you can delete yours in the Service’s settings. You can also email privacy@delusional.gg. Deleting an account does not cancel a subscription; see Section 10.

4. YOUR LICENSE AND THE RULES OF PLAY

Subject to these Terms, we grant you a limited, personal, non-commercial, non-exclusive, non-transferable, non-sublicensable and revocable license to download, install and use the Services on devices you own or control. The Services are licensed, not sold. We and our licensors keep all rights not expressly granted to you.

You agree not to, and not to help anyone else to:

• cheat, or use or distribute exploits, hacks, bots, scripts, macros, emulators or other automation or unauthorized third-party software;
• exploit bugs or design errors instead of reporting them to us;
• modify, patch or mod any Service in a way that affects online play, other players, leaderboards, rewards or purchases;
• reverse engineer, decompile, disassemble or derive source code from any Service, except to the extent the law expressly permits this despite this restriction;
• scrape, data-mine or overload the Services, or bypass rate limits, content filters, age or region restrictions, payment checks or security measures;
• buy, sell, trade or offer accounts, virtual currency, virtual items or boosting services for real money or anything of value outside the Services (“real-money trading”);
• create multiple accounts to abuse promotions, referral rewards, free trials, matchmaking or rankings, or manipulate matches or leaderboards (for example by win-trading);
• harass, threaten, bully, stalk, defraud or impersonate other users, or impersonate Delusional staff;
• use the Services, or any content or output from them, to build a competing product or to train artificial intelligence models, without our written permission;
• use the Services for any commercial purpose, or in violation of any law.

5. YOUR CONTENT

“Your Content” means anything you create, submit, upload, post, send or say in or through the Services, including usernames, profiles and avatars, levels, games and other creations, comments, messages, text and voice chat, AI prompts, uploaded images, and material you post about the Services on our official channels.

5.1 Ownership

As between you and us, you keep whatever ownership rights you have in Your Content.

5.2 License to Delusional

You grant Delusional a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, transferable and sublicensable (through multiple tiers) license to host, store, copy, reproduce, run, modify, adapt, translate, create derivative works from, publish, publicly perform, publicly display, distribute and otherwise use Your Content, together with the name or handle you submit it under, in any media now known or later developed, to operate, provide, promote and improve the Services, including in marketing and advertising for Delusional and its Services. This license survives the deletion of Your Content, your account and these Terms.

5.3 Other users

Content you publish or make public in a Service can be seen by other users. Where a Service allows it, other users may also play, copy, remix, adapt and share that content within the Services, and you grant each of them a non-exclusive, royalty-free license to do so. Remixes and copies that already exist may remain after you remove your original.

5.4 Moral rights, responsibility and removal

• To the extent the law allows, you waive, and agree not to assert, any moral rights or similar rights in Your Content against Delusional or our licensees.
• You are solely responsible for Your Content. You confirm that you have all rights needed to grant the licenses above, that Your Content does not infringe or violate anyone’s rights or any law, and that you have the consent of any identifiable person it depicts.
• Your Content is not confidential. We are not required to host, keep, display or return any of it, and we may review, filter, refuse or remove any of it, at any time and for any reason, without notice.
• We do not control, and are not responsible for, content posted or said by other users, including in voice chat.

6. CONTENT AND CONDUCT RULES

We have zero tolerance for objectionable content and abusive users. You may not create, prompt for, post, send, say or share anything that:

• sexualizes or exploits minors in any way (we report child sexual abuse material to the National Center for Missing & Exploited Children and to law enforcement);
• is sexually explicit, or contains nudity where the Service does not allow it;
• is hateful, harassing, bullying, threatening, or targets people based on who they are;
• shows graphic violence or gore, or promotes self-harm, suicide, terrorism or violent extremism;
• reveals another person’s personal information (doxxing), or impersonates anyone;
• infringes copyright, trademark or other rights;
• contains malware, spam, scams, phishing or deceptive links; or
• is otherwise unlawful, or that we reasonably consider objectionable.

Where a Service lets users post content or talk to each other, it provides ways to report content and users and to block users. We review reports and may remove content and suspend or ban the users who posted it. We may use automated systems and human review to monitor and moderate content, but we have no obligation to do so, and we may cooperate with law enforcement.

7. AI FEATURES

If a Service uses artificial intelligence to generate text, images, audio, code, games or other content (“AI Output”):

• AI Output is generated automatically, often by third-party AI models. It may be inaccurate, incomplete, broken, offensive, unexpected, or similar or identical to output generated for other users. It is not guaranteed to be unique, and it may not be protectable by copyright or other rights.
• AI Output does not reflect the views of Delusional. Do not rely on it as advice of any kind.
• You are responsible for your prompts and uploads and for anything you publish or share, including AI Output. Do not enter other people’s personal information, or sensitive information about yourself, and do not try to get around safety filters.
• Prompts, uploads and AI Output are moderated, including automatically, and may be refused, blocked or removed.
• Your prompts, uploads and AI Output are Your Content under Section 5.
• We may change, limit or remove AI features, the models behind them, usage limits and the credits or currency they cost, at any time.

8. COMPUTER-CONTROLLED PLAYERS

Opponents, teammates, rivals, leaderboard entries and other participants in our Services may be computer-controlled or generated from recorded play, and matchmaking may pair you with them. Their names, profiles, avatars, ranks, messages and behaviour are part of the game and do not represent real people.

9. VIRTUAL CURRENCY AND VIRTUAL ITEMS

Some Services include virtual currency (such as coins, gems or credits) and virtual items (such as characters, cards, cosmetics, passes or boosts), whether earned in play or obtained with real money (together, “Virtual Items”).

• Virtual Items are a limited, personal, non-transferable, revocable license to use certain features of the Services. They are not money or property, have no cash value, and you do not own them.
• Virtual Items can never be redeemed, exchanged or refunded for real money, goods, or anything of monetary value, from us or anyone else.
• Virtual Items are non-refundable, except where the law or the platform you bought them on requires otherwise.
• We may manage, regulate, change, rebalance or remove Virtual Items at any time, including their prices, availability, effects, drop rates and names, with or without notice and without liability to you.
• To the extent the law allows, you forfeit all Virtual Items without compensation when your account is terminated or deleted, when the Service is discontinued, or when the account has been inactive for 24 months.
• Where a Service sells randomized Virtual Items (such as chests, packs or bags), it shows the odds of receiving each type of item before you buy.
• We decide the order in which currency is spent, and whether purchased or earned currency is used first.

10. PURCHASES AND SUBSCRIPTIONS

• Purchases are made through the platform you use, such as the Apple App Store, Google Play or Steam, under that platform’s terms. The platform processes your payment; we never receive your card details.
• All purchases are final. Refund requests go to the platform and are handled under its policies, except where the law requires otherwise.
• Subscriptions renew automatically at the then-current price at the end of each period until you cancel. To avoid being charged, cancel at least 24 hours before the current period ends in your platform account settings (for example, your Apple ID or Google Play subscriptions). Deleting the app or your account does not cancel a subscription.
• If a free trial is offered, you will be charged when it ends unless you cancel at least 24 hours before it ends.
• We may change prices, and what a subscription or offer includes, as the platform allows. Price changes to existing subscriptions follow the platform’s notice and consent rules.
• Prices may include or exclude taxes depending on the platform and where you live.
• If you live in the European Union or the United Kingdom, you have a right to withdraw from purchases of digital content within 14 days. By buying digital content that is delivered immediately, such as Virtual Items or a subscription that starts right away, you request immediate delivery and acknowledge that you lose that right of withdrawal once delivery begins.

11. ADVERTISING

Some Services show ads, including optional rewarded ads that give you Virtual Items for watching. Rewards are granted only when the ad is completed and the reward is confirmed, and ad availability is not guaranteed. We do not control the content of third-party ads, and your dealings with advertisers are solely between you and them. How ads use your information is explained in our Privacy Policy.

12. SERVICE CHANGES AND SHUTDOWNS

• We may change, update, suspend or permanently discontinue any Service, feature, game mode, server, event, leaderboard or content, in whole or in part, at any time, with or without notice. Where practical, we will try to give notice in the Service before permanently shutting it down, but we are not required to.
• Updates may be required to keep using a Service, and may change or remove features you liked.
• Services may be unavailable from time to time, and progress, items or data may be lost because of bugs, outages, rollbacks or maintenance.
• We owe you no refund, credit or compensation for any change, suspension, discontinuation or loss, including for unused Virtual Items, except where the law or the platform requires otherwise.

13. SUSPENSION AND TERMINATION

We may, at our discretion and with or without notice, warn you, mute you, remove Your Content, reset your progress, remove Virtual Items, restrict features, or suspend or permanently terminate your account or access to any or all Services, including by blocking your device. We may do this if we believe you have broken these Terms or the law, to protect users, Delusional or the Services, or if required by law. To the extent the law allows, termination forfeits your Virtual Items and any unused subscription time, without refund.

You may stop using the Services at any time. Sections that by their nature should survive termination survive it, including Sections 5, 9, 13 and 15 to 23.

14. COPYRIGHT COMPLAINTS (DMCA)

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. If you believe content in a Service infringes your copyright, send our designated copyright agent a notice that includes:

• your physical or electronic signature;
• identification of the copyrighted work you claim is infringed;
• identification of the infringing material and enough information for us to locate it (such as a link, or the Service and in-game location);
• your name, address, telephone number and email address;
• a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and
• a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner’s behalf.

If your content was removed and you believe that was a mistake or misidentification, you may send a counter-notice to the same address with the information required by 17 U.S.C. § 512(g)(3). We terminate the accounts of repeat infringers in appropriate circumstances.

15. OUR INTELLECTUAL PROPERTY AND FEEDBACK

The Services and everything in them, other than Your Content, including software, code, games, characters, art, audio, text, designs, Virtual Items, trademarks and logos, belong to Delusional or our licensors and are protected by intellectual property laws. You may not use our names, logos or trademarks without our written permission.

If you send us ideas, suggestions or other feedback, we may use them for any purpose without restriction, attribution or payment to you, and we have no obligation to keep them confidential.

16. THIRD-PARTY SERVICES

The Services may rely on or link to third-party platforms, sign-in providers, ad networks, websites and content that we do not control. Your use of them is governed by their own terms and policies, and we are not responsible for them. You must also comply with any third-party terms that apply when you use the Services, such as your mobile carrier’s data plan terms.

17. APP STORE AND PLATFORM TERMS

17.1 Apple

If you got a Service from Apple’s App Store, the following also applies:

• Agreement with Delusional only. These Terms are between you and Delusional only, not Apple. Delusional, not Apple, is solely responsible for the app and its content.
• Scope of license. Your license to the app is limited to a non-transferable license to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple’s Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing. Apple’s standard Licensed Application End User License Agreement also applies. If it conflicts with these Terms, these Terms control, except where Apple’s Usage Rules require otherwise.
• Maintenance and support. Delusional is solely responsible for providing any maintenance and support for the app. Apple has no obligation to provide any maintenance or support.
• Warranty. Delusional is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation for the app, and any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are Delusional’s responsibility, to the extent not effectively disclaimed.
• Product claims. Delusional, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.
• Intellectual property claims. If a third party claims that the app or your possession and use of it infringes that third party’s intellectual property rights, Delusional, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.
• Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer contact. Questions, complaints or claims about the app go to Delusional, Inc., 75 W 71st Street, 1B, New York, NY 10023, help@delusional.gg.
• Third-party terms. You must comply with applicable third-party terms of agreement when using the app.
• Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and when you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

17.2 Google Play

If you got a Service from Google Play, Google is not a party to these Terms and is not responsible for the Service. Purchases are subject to the Google Play Terms of Service, and you manage subscriptions in Google Play.

17.3 Steam and other platforms

If you got a Service from Steam or another platform, that platform’s terms (such as the Steam Subscriber Agreement) also apply to your purchase and platform account. The platform is not a party to these Terms and is not responsible for the Service.

18. DISCLAIMERS

THE SERVICES, VIRTUAL ITEMS, AI OUTPUT AND ALL CONTENT, INCLUDING CONTENT FROM OTHER USERS, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT PROGRESS, VIRTUAL ITEMS OR DATA WILL NOT BE LOST, OR THAT ANY CONTENT OR AI OUTPUT WILL BE ACCURATE, APPROPRIATE OR UNIQUE. YOU USE THE SERVICES AT YOUR OWN RISK.

Some jurisdictions do not allow certain warranties to be excluded, so some of these exclusions may not apply to you.

19. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DELUSIONAL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, PROGRESS, VIRTUAL ITEMS, GOODWILL OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE SERVICES (INCLUDING THROUGH A PLATFORM) IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US$50.

These limitations are an essential basis of the bargain between you and us and apply even if a remedy fails of its essential purpose. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, such as liability for fraud or, where applicable, for death or personal injury caused by negligence.

20. INDEMNITY

To the extent permitted by law, you will defend, indemnify and hold harmless Delusional and its affiliates, officers, directors, employees and agents from and against all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to Your Content, your use or misuse of the Services, your breach of these Terms, or your violation of any law or of anyone’s rights. We may take exclusive control of the defense of any claim you must indemnify, and you will cooperate with us.

21. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

21.1 Informal resolution first

Before starting an arbitration or court case, you and we each agree to first try to resolve any dispute informally for at least 60 days. To start, send a written notice to legal@delusional.gg that includes your name, the Service and account or player ID involved, your contact details, a description of the dispute and the relief you want, signed personally by you (not only by a lawyer). We will send any notice to you using the contact details associated with your account. If either party asks, you and we will each personally take part in a good-faith video or telephone conference, with lawyers present if you like. This informal process is a condition that must be met before starting arbitration or a court case, and any limitations period is paused while it is under way.

21.2 Agreement to arbitrate

Except as provided in Section 21.3, you and Delusional agree that any dispute, claim or controversy arising out of or relating to these Terms, the Services, any purchase, any advertising or marketing, or your personal information, whether based in contract, tort, statute, fraud or any other legal theory and whether it arose before or after you accepted these Terms (a “Dispute”), will be resolved exclusively by final and binding arbitration on an individual basis. The Federal Arbitration Act governs this Section 21. The arbitrator decides all issues, including the scope, validity, enforceability and arbitrability of this Section 21, except that a court decides (a) whether an agreement to arbitrate was formed, (b) the enforceability of Section 21.5 (class and jury waiver) and Section 21.6 (mass arbitration), (c) whether Section 21.1 has been satisfied, and (d) any dispute about an opt-out under Section 21.8.

21.3 Exceptions

• Either party may bring an individual claim in small claims court, if it qualifies and stays there.
• Either party may bring a lawsuit in court for injunctive or other equitable relief to stop the infringement or misuse of intellectual property rights, or unauthorized access to or abuse of the Services (such as cheating, hacking or real-money trading).
• If a claim for public injunctive relief cannot lawfully be arbitrated, that claim will be severed and brought in court, and stayed until the arbitration of all other claims is complete.

21.4 Arbitration rules and procedure

• The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, and where Section 21.6 applies, its Mass Arbitration Supplementary Rules, as modified by these Terms. The rules are available at adr.org. If the AAA is unable or unwilling to administer the arbitration, the parties will agree on another administrator, or a court will appoint one.
• A single arbitrator will decide the Dispute. If your claim is for US$25,000 or less, it will be decided on written submissions unless the arbitrator decides a hearing is needed. Any hearing will take place by video conference or, if the arbitrator decides an in-person hearing is necessary, in the county where you live or in New York County, New York.
• Payment of filing, administration and arbitrator fees will be governed by the AAA rules. We will not seek to recover our attorneys’ fees or costs from you unless the arbitrator finds your claim frivolous or brought for an improper purpose.
• The arbitrator may award the same individual relief a court could, but only in favour of the individual party seeking relief and only to the extent needed to provide relief for that party’s individual claim. The arbitrator will issue a written decision explaining the essential findings, and judgment on the award may be entered in any court with jurisdiction. An award has no effect on any other Dispute.

21.5 Class action and jury trial waiver

YOU AND DELUSIONAL EACH MAY BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. YOU AND DELUSIONAL EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Unless both you and we agree in writing, and except as provided in Section 21.6, no arbitrator may consolidate more than one person’s claims or preside over any form of class, collective or representative proceeding. If a court decides that this waiver is unenforceable for a particular claim or type of relief, that claim or relief (and only that claim or relief) will be severed from the arbitration and brought in court, after the individual arbitration is complete. In no case will a class, collective or representative arbitration take place.

21.6 Mass arbitration

If 25 or more demands for arbitration raising similar claims are filed against Delusional by or with the help of the same or coordinated lawyers or organizations within any 180-day period (“Mass Filings”), the following applies in addition to the AAA’s rules:

• Bellwether cases. Counsel for the claimants and Delusional will each select 10 demands (20 in total) to proceed first as individual arbitrations, each with its own arbitrator. The remaining demands will not be filed, or will be held in abeyance, and no fees will be assessed for them until they proceed under this Section.
• Mediation. After the bellwether cases are decided, the parties will mediate the remaining demands in good faith for at least 60 days, with Delusional paying the mediator’s fees. Bellwether results inform the mediation but do not bind any other claimant.
• Staged batches. If the remaining demands are not resolved, they will proceed in batches of up to 100, with one arbitrator and one set of administrative fees per batch to the extent the administrator allows, and each batch starting after the previous one ends, unless the parties agree otherwise. Each claim in a batch is still decided individually.
• Tolling and enforcement. Limitations periods for claims subject to this Section are paused from when a compliant notice under Section 21.1 is sent until the claim may proceed. A court may enforce this Section, including by enjoining the filing or prosecution of demands, or the assessment of fees, that do not comply with it.

If this Section 21.6 is found unenforceable in whole or in part, the affected demands will proceed under the AAA’s rules, and the rest of Section 21 will still apply.

21.7 Time limit

To the extent permitted by law, any Dispute must be brought within one year after the claim arose, or it is permanently barred.

21.8 30-day right to opt out

You may opt out of this agreement to arbitrate by emailing legal@delusional.gg, with the subject line “Arbitration Opt-Out,” within 30 days after you first accept these Terms (or, if you accepted an earlier version, within 30 days after you first accept a version containing this Section 21). Include your name, the email address and any account or player IDs you use with the Services, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms. An opt-out applies only to the person who sends it; opt-outs on behalf of groups or other people are not valid.

21.9 Changes to this Section

If we make a material change to this Section 21, you may reject it by emailing legal@delusional.gg within 30 days after the change takes effect, in which case the previous version you accepted continues to apply to you. A change to this Section never applies to a Dispute for which a notice under Section 21.1 was sent before the change took effect.

21.10 Governing law

These Terms, and any Dispute, are governed by the Federal Arbitration Act and, apart from that, by the laws of the State of Delaware, USA, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21.11 Courts

Any Dispute that is not arbitrated, including where you have opted out, will be brought exclusively in the state or federal courts located in New York County, New York, and you and we consent to the personal jurisdiction of those courts and waive any objection to venue there.

21.12 Consumers in the EU, the UK and elsewhere

If you are a consumer living in the European Union, the United Kingdom or another country whose laws do not permit the arbitration agreement, class waiver, choice of law or choice of courts above, those provisions apply to you only to the extent your local law permits. Nothing in these Terms deprives you of the protection of mandatory consumer laws of the country where you live, and you may bring proceedings in the courts of that country.

22. CHANGES TO THESE TERMS

We may update these Terms from time to time by posting a new version here with a new date. For material changes, we will give notice in the Services or on this website before the changes take effect. Unless the notice says otherwise, changes take effect when posted or, for material changes, on the date stated in the notice. By continuing to use the Services after changes take effect, you accept the updated Terms. If you do not agree, you must stop using the Services. Changes to Section 21 are also subject to Section 21.9.

23. GENERAL

• Entire agreement. These Terms, the Privacy Policy and any additional rules described in Section 1 are the entire agreement between you and us about the Services, and replace any earlier agreements about them.
• Assignment. We may assign or transfer these Terms, in whole or in part, including in a merger, acquisition or sale of assets, without your consent. You may not assign or transfer them.
• Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions stay in full effect, except as stated in Section 21.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control.
• Export and sanctions. You will comply with all applicable export control and sanctions laws, and you represent that you are not located in, or ordinarily resident in, a country or region subject to comprehensive U.S. sanctions, and are not on any U.S. government list of prohibited or restricted parties.
• Electronic communications. You agree to receive communications from us electronically, including in the Services, by email and on this website, and that they satisfy any legal requirement for a writing.
• Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship. Except as stated in Section 17.1, there are no third-party beneficiaries.
• Language. These Terms are written in English. If we provide a translation, the English version controls to the extent permitted by law.
• California users. Under California Civil Code § 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

24. CONTACT

• Support: help@delusional.gg
• Privacy requests: privacy@delusional.gg
• Legal notices, copyright (DMCA) notices and arbitration opt-outs: legal@delusional.gg