SQWARE Terms of Service

Last Updated: April 18, 2025

Welcome to SQWARE. These Terms of Service govern your access to and use of the SQWARE platform, services, and related content. By accessing or using our platform, you agree to be bound by these Terms. Please read them carefully before using our services.

1. Agreement to Terms

By accessing or using the SQWARE platform ("the Platform"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional terms that may apply to specific features, content, or services. If you do not agree to these Terms, you may not access or use the Platform.

2. Changes to Terms or Services

We reserve the right to modify these Terms at any time. If we do, we will post the modified Terms on the site and provide other notice as required by law. It's important that you review the Terms whenever we modify them. If you continue to use the Platform after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms.

3. SQWARE Account

3.1 Account Creation

To access certain features of the Platform, you must create a SQWARE account. When creating an account, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information.
• Maintain the security of your password and accept all risks of unauthorized access to your account.
• Notify us immediately if you discover or otherwise suspect any security breaches.

You are responsible for all activities that occur under your account, whether or not you know about them.

3.2 Account Suspension or Termination

We may suspend or terminate your account at our sole discretion, without notice or liability, for conduct that we believe violates these Terms, is harmful to other users or our business interests, or for any other reason.

4. Content and Content Rights

For purposes of these Terms, "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Platform.

"User Content" means any Content that account holders (including you) provide to be made available through the Platform.

4.1 Content Ownership

We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, by submitting User Content, you grant SQWARE a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with providing and promoting the Platform.

5. User Conduct

You agree not to do any of the following:

• Post, upload, publish, submit, or transmit any User Content that: (i) infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
• Use, display, mirror or frame the Platform or any individual element within the Platform, SQWARE's name, any SQWARE trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent.
• Attempt to probe, scan or test the vulnerability of any of our systems or networks or breach any security or authentication measures.
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party to protect the Platform.
• Use any meta tags or other hidden text or metadata utilizing a SQWARE trademark, logo, URL, or product name without our express written consent.
• Impersonate SQWARE staff or other users.
• Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform.
• Collect or store any personally identifiable information from the Platform from other users of the Platform without their express permission.
• Violate any applicable law or regulation.
• Encourage or enable any other individual to do any of the foregoing.

6. Purchases and Payments

If you purchase any products or services made available through the Platform ("Purchases"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Purchase. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

7. Intellectual Property

7.1 SQWARE Intellectual Property

All content provided by SQWARE on the Platform, including but not limited to games, graphics, logos, designs, interfaces, code, software, characters, storylines, and audio, is owned by SQWARE or its licensors and is protected by intellectual property laws. You may not use, reproduce, distribute, modify, or create derivative works of our intellectual property without explicit permission.

7.2 Third-Party Content

The Platform may include content from third parties, such as user-generated content or third-party game integrations. This content is the property of its respective owners. We are not responsible for third-party content and do not endorse it.

8. Termination

We may terminate your access to and use of the Platform, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at [email protected]. Upon any termination, discontinuation, or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

9. Warranty Disclaimers

THE PLATFORM AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We make no warranty that the Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SQWARE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS PLATFORM.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE PLATFORM EXCEED THE AMOUNT PAID BY YOU TO SQWARE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT SQWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnification

You agree to indemnify, defend, and hold harmless SQWARE, its affiliates, directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Platform.
• Your violation of these Terms.
• Your violation of any rights of another party, including any intellectual property rights.
• Your User Content.

12. Dispute Resolution

We prefer to resolve disputes informally. Before filing a claim, you agree to try to resolve the dispute by contacting us at [email protected]. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or SQWARE may bring a formal proceeding.

If the dispute cannot be resolved informally, you and SQWARE agree to resolve disputes through binding arbitration rather than in courts of general jurisdiction, except for small claims court cases or where excluded below.

12.1 Arbitration Rules

The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be held in the United States county where you live or work, or any other location we agree to.

12.2 No Class Actions

YOU AND SQWARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13. General Terms

These Terms constitute the entire and exclusive understanding and agreement between SQWARE and you regarding the Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us regarding the Platform. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may freely assign or transfer these Terms without restriction.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by SQWARE.

14. Contact Information

If you have any questions about these Terms, please contact us at:

SQWARE
Email: [email protected]

Thank you for using SQWARE. We hope you enjoy our platform and games!