TERMS OF USE - SPELLCASTERS CHRONICLES
Last Updated: February 26, 2026
1. INTRODUCTION
Thank you for using our game “Spellcasters Chronicles”. These Terms of Use ("Terms" or “Agreement”)) reflect the way our business works and define our relationship with you as you interact with our product “Spellcasters Chronicles”.
ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS OF USE REQUIRE DISPUTES, CONTROVERSIES, AND CLAIMS BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, ALL DISPUTES, CONTROVERSIES, AND CLAIMS BETWEEN YOU AND US WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. PLEASE READ SECTION 11 OF THESE TERMS CAREFULLY.
1.1 About Us. Your relationship is with Quantic Dream SAS, 30 rue Raoul Wallenberg, 75019 Paris, France for the Services (defined below) that you use and interact with. Quantic Dream SAS and any of its respective members, officers, directors, and employees are collectively referred to as "we", "us", or "our".
1.2 Our Services. These Terms apply to the game “Spellcasters Chronicles” and the official website “Spellcasters Chronicles” (together referred to as our "Services") and your installation and use of any software that we include as part of the Services, including, without limitation, desktop and console applications, files, scripts, instruction sets, and related documentation (collectively, the "Software"). Unless expressly stated, references to the Services in these Terms include the Software. In addition, when using our Services, you may be subject to any community guidelines or rules applicable to such Services which may be posted from time to time.
1.3 Age Requirement. Access to certain Services or features of our Services may be subject to age restrictions and may not be available to all users of the Services. If you are a "Minor" who is under the age of 18 (or the applicable age of majority where you live), then you must have your parent or guardian's permission to use certain restricted features within the Services. If you are the parent or guardian of a Minor, and you allow your Minor to use one or more restricted features within the Services, then these Terms apply to you, and you are responsible for your Minor's activities on the Services.
1.4 Privacy Policy. Your access and use of the Services is subject to Quantic Dream’s Spellcasters Chronicles Privacy Policy, incorporated herein by reference. We may store, process, and transmit your data on servers outside of the region where you are located. If they occur, those transfers will be made in accordance with the above-mentioned Privacy Policies and in compliance with applicable law and regulation.
1.5 BY USING THE SERVICES, YOU CONSENT TO ENTERING INTO THESE TERMS ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES.
2. ACCOUNT
2.1 You will make necessary efforts to protect your Game Account (as defined below) information and keep it confidential. You may not share, sell or transfer your Game Account as well as any of your rights or obligations under these Terms to anyone else or share your account information with others without our prior consent. You shall not collect or harvest any personal data of any user of the Services, including account names.
2.2 If you bind the Game Account with your gaming or social media account (e.g., Steam, Discord, PlayStation, or Xbox collectively "Third-Party Account"), then you should review and comply with the terms of use of the applicable Third-Party Account provider, as their terms of use apply in relation to your use of the Third-Party Account. Your personal information may be collected and processed by a third-party provider when you use and access the third-party website or application. Any access or use of third-party websites and applications or the Third-Party Account is at your discretion. We have no control over these platforms and are not responsible for the third-party provider's performance or failure to perform in any respect.
3. SERVICES
3.1 License. Subject to your compliance with these Terms and applicable law, we hereby grant you a personal, revocable, non-assignable, non-sublicensable, non-transferable, non-exclusive, and limited license to install, access, and use the Services that we make available to you. The license is granted for the sole and exclusive purpose of enabling you to use the Services for your internal and personal purposes. The right of use shall mean the right to represent and implement the Services in accordance with their intended purpose, via a connection to an electronic communications network and/or the right to download a single copy of any computer applications or other software provided to you in connection with our Services.
Use of the terms "purchase", “purchased”, “payment”, “paid” in these Terms does not mean or imply any transfer of ownership of any content, Virtual Points, Virtual Goods, data or Software or any intellectual property rights from us to any user or third party.
3.2 Restrictions.
(a) You must ensure that any Services that you access and/or download contains the same copyright and other proprietary notices that appear on or in the Services.
(b) Unless permitted in these Terms, you must not: (1) host or stream the Services; (2) allow third parties not acting on your behalf to access the Services; (3) circumvent technological measures intended to control access to the Services; (4) develop, distribute, or use with the Services, products that circumvent the technological measures; (5) adapt, modify, translate, arrange, distribute, create derivative works, reverse engineer, disassemble, or decompile the Services; or (6) duplicate, copy, rent, lease, sell, sublicense, assign, or transfer any portion of the Services or your rights in the Services.
(c) As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails, or other types of messages directly sent to you in connection with the Services.
4. USER CONDUCT AND CONTENT
4.1 Comply with Applicable Law. You must follow the law, regulation, decrees, orders, injunctions or other mandatory governmental limitations applicable to where you are located when using our Services. If any applicable law restricts or forbids you from using our Services, then you must follow such restrictions or stop using our Services.
4.2 Your Interaction with Other Users. You are responsible for your interactions with other users in the Services. To protect the integrity of the Services and our community, we may review user interactions and take appropriate action where necessary to enforce these Terms and our applicable Community Guidelines. We cannot be held liable for your interactions with our users, or for any user's actions or inactions. You release the NetEase Entities (as defined below) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you may have with another user. In entering into this release, you expressly and, to the extent possible under applicable law, waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
4.3 Content. If permitted in the Services, Users may send, upload, communicate, transmit, generate, or provide in other methods, information, data, software, sound, photographs, graphics, logos, video, tags, nicknames/usernames, avatar (including for public profile), or other materials ("Content") via certain of our Services (including our text and/or voice chat features, if any). You are responsible for any and all Content that you may provide via our Services, either published in public or sent in private. In order to operate the Services, we must obtain from you certain license rights in your Content so that actions we take in operating the Services are not considered legal violations. By using the Services and uploading your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute and modify (for technical purposes, e.g., making sure content is viewable on computers and other devices) your Content but solely as required to be able to operate and provide the Services. You agree that these rights and licenses are royalty-free, transferable, sub-licensable, worldwide, and irrevocable (for so long as your Content is stored with us), and include a right for us to make your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose your Content to third parties if we determine such access is necessary to comply with our legal obligations. By posting your Content via our Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and authority necessary to grant the rights granted herein for your Content.
4.4 Content Restrictions. Regarding such Content, you agree to comply with applicable law and to the following:
(a) You will not provide any Content that is unlawful, harmful, threatening, abusive, harassing, insulting, tortious, defamatory, violent, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory, promotes hate, politically-motivated, pornographic, sexually explicit or otherwise in violation of applicable law;
(b) You will not share or generate any Content that sexualizes minors or that is intended to facilitate inappropriate interactions with minors, other users, or the public (e.g., threats of serious bodily injury, threats to public safety, etc.); or that glorifies, promotes, or encourages suicide, self-harm, eating disorders, or other activities that may lead to physical harm; or that would constitute, encourage, or provide instructions for criminal offense or, dangerous activities or challenges;
(c) You will not provide any Content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
(d) You will not provide Content that will be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidentiality;
(e) You will not provide any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
(f) You will not provide any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; and
(g) You will not provide any Content that contains anything that, in our sole determination, is objectionable or inhibits any other person from using Services, or which may expose NetEase Entities (as defined below) or their users to any harm or liability of any kind.
4.5 User Conduct. By using our Services, you agree that you will not:
(a) use cheats, automation software (bots), hacks, mods, or any other unauthorized third-party software purporting to modify, tamper with, scrape information from, copy, or reverse engineer any part of the Services or connect to the Services, such as to simulating game user operations, changing the operating environment, modifying data to disrupt other users' game experience through external software, including but not limited to scripts (robots), plug-ins, button wizard software or third-party tools (e.g. the multi-open function under the simulator, synchronizer, record macro, keyboard mapping, cloud phone, etc.);
(b) use our Services for commercial purposes or for any purpose that a reasonable person is unlikely to believe is within the spirit of fair play, including but not limited to, attacking or killing teammates without cause, intentionally lowering scores, deliberately quitting matches, etc.;
(c) collect any information, other than reasonably necessary for using our Services, of other users; or share or non-consensual images;
(d) transfer Virtual Points or Virtual Goods (defined below) in any way, including but not limited to attempting to trade the Virtual Points or Virtual Goods within our Services with real money/real items via any third-party platforms, or attempting to provide mediation, intermediary, or agency service for such trade in or outside our Services (collectively, "Real Money Trading", or "RMT"), including, but not limited to spamming, spreading RMT advertisements within or outside our Services, and conducting RMT via any in-game functions;
(e) attempt to gain undue advantage or benefits, such as unauthorized use of another person's credit card to purchase Virtual Points or Virtual Goods, repeatedly canceling purchase orders after earning free Virtual Points or Virtual Goods or after consuming Virtual Points or Virtual Goods, etc.
(f) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including not disclosing an applicable sponsorship or endorsement relationship when you leave a review;
(g) provide misleading or false information to gain access to the Services or to defraud us or other users;
(h) attempt to disable, impair, or destroy the Services;
(i) take advantage of or exploit any loopholes or glitches in the Services to gain an unfair advantage, examples being item duplication glitches, skipping content, and clipping; and
(j) use our Services in any other way not permitted by these Terms or any applicable community guidelines or rules or in violation of applicable law.
You agree to use our Services in accordance with our Community Guidelines which may be updated from time to time.
4.6 In-Game Moderation and Enforcement. We moderate in-game text and voice communication features to help maintain a safe and respectful environment for all users. Content and behavior may be reviewed following user reports or other legitimate triggers and assessed against these Terms and applicable law. Where a violation is identified, proportionate enforcement measures may be applied, including temporary restrictions on chat features, suspension, or loss of access to certain in-game features in accordance with section 8 below. Users may request a review of moderation decisions by contacting our customer support. In-game moderation under these Terms applies only to features provided within the Services.
We are not obligated to monitor, approve, verify, or prescreen any Content or behavior, and any moderation measures are at our discretion. To the maximum extent permitted by applicable law, we are not responsible for any Content or behavior of users, nor for any failure to remove or act on such Content or behavior, and you agree not to hold us liable for any loss or damage arising from it.
5. VIRTUAL POINTS AND VIRTUAL GOODS
5.1 "Virtual Points" means the virtual currencies such as virtual gold coins or other points available in the Services. "Virtual Goods" means the items or features for use within our Services, which may include without limitation, in-game consumables, virtual items, and other items that are depleted during gameplay.
5.2 Please note that the Services are not being ‘sold’ to you; you have no ownership, title or other proprietary interests in and to the Services regardless of whether access was ‘earned’ through gameplay or ‘purchased’ for monetary consideration. When you procure, earn or otherwise obtain Virtual Points or Virtual Goods, you receive a personal, revocable, non-assignable, non-sublicensable, non-transferrable, non-exclusive, limited license to use the Virtual Points or Virtual Goods solely within the applicable Services for your personal and non-commercial use. The license may be limited by or subject to third-party rights, for example, the license may be dependent upon us continuing to have rights to content created and owned by a third party. Additionally, the license terminates when we cease to provide the Services, when your account is closed, or when your purchase order is canceled. Virtual Points and Virtual Goods have no real-world monetary value and cannot be sold, sublicensed, traded, transferred, or exchanged for money or other consideration, regardless of whether they were earned through gameplay or obtained using real-world currency.
5.3 We may establish certain conditions or limits in connection with the Virtual Points, including a maximum amount you may spend to purchase Virtual Points per transaction, per month or per day, a maximum balance that may be credited to your account and limit certain Virtual Points within our Services. Any balance of Virtual Points shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license. In the event that the balance of Virtual Points in your account is negative, we may restrict your access to our Services or certain features of our Services until such balance becomes greater than or equal to $0.
6. AVAILIBILITY OF SERVICES, UPDATES AND BETA VERSION
6.1 Updates and availability. Because we are constantly improving the Services, we may update our Services from time to time, which may block your access to the Services for a period of time and result in the modification or unavailability of the content of the Services, including Virtual Goods (e.g., we might modify certain features of Virtual Goods for regulatory or legal reasons, to maintain the conformity of the Services or to improve game experience). To the maximum extent permitted by law, we are not liable for any losses incurred by such updates. We will inform you of such updates where required by applicable law and, otherwise, will make reasonable efforts to inform you in advance if the update materially affects your use of the Services. We will not be liable for any malfunction or error to the Services caused by your failure to install an update where we have informed you of the consequences of not installing the update.
If you reside in the European Union, nothing in this paragraph is intended to affect your statutory rights regarding the termination of your Agreement with us.
6.2 Availability of Services. UPON REASONABLE PRIOR NOTICE, WE ARE ENTITLED TO DISCONTINUE, SUSPEND OR TERMINATE THE SUPPLY OF ALL OR PART OF THE SERVICES (INCLUDING THE VIRTUAL GOODS AND VIRTUAL POINTS), REVOKE ASSOCIATED LICENSES, AND/OR TO TERMINATE THE TERMS, INCLUDING IN CIRCUMSTANCES WHERE AN ONLINE SERVICE IS DISCONTINUED FOR ECONOMIC REASONS DUE TO A LIMITED NUMBER OF USERS CONTINUING TO MAKE USE OF THE SERVICE OVER TIME, PROVIDED THAT SUCH TERMINATION IS CARRIED OUT IN ACCORDANCE WITH APPLICABLE LAW AND DOES NOT AFFECT ANY MANDATORY RIGHTS YOU MAY HAVE AS A CONSUMER.
6.3 Beta Version. If the Services are provided in a "test period" or a "beta version", your access to our Services may be subject to specific rules, such as limited time period or limited number of users, or privilege for some users but not others. We may modify or delete the gameplay data of users, and irregular shut down of the servers of the Services. You may also be required to provide feedback so we can better improve the Services. Please review these rules carefully. We make no promises that such Services will ever be commercially available or be similar to the beta version you accessed during the test period.
7. DISCLAIMER AND LIMITATION OF LIABILITY
7.1 Disclaimer.
(a) The Services are provided "AS-IS". To the maximum extent permitted by law, Quantic Dream, its parents, subsidiaries, affiliates, officers, directors, employees, agents, representatives, partners and licensors (collectively the "NetEase Entities") disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. To the extent permitted by law and in accordance with Section 6, the NetEase Entities make no commitments about the availability, quality or consistency of the Services.
(b) To the maximum extent permitted by law and in accordance with Section 6, the NetEase Entities further disclaim any warranty that (1) the Services will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (2) the Services and the information related to the Services will be complete, accurate, or reliable; (3) the quality of the Services will meet your expectations; (4) any errors or defects in the Services will be corrected; (5) the Services can be accessed and used on any particular device or with any particular service plan; or (6) the Services are or will be available in any particular geographic location.
(c) To the maximum effect permitted by law, we are not responsible or liable for (1) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; or (2) the operation, compatibility, or interoperability with any other application or any particular system or device.
RESIDENTS IN THE EUROPEAN UNION: CERTAIN STATUTORY CONFORMITY WARRANTIES MAY APPLY UNDER YOUR LOCAL LAW, AND NOTHING IN THIS AGREEMENT AFFECTS THOSE RIGHTS UNDER WHICH YOU MAY HAVE THE RIGHT TO (A) HAVE THE SERVICES BROUGHT BACK INTO CONFORMITY, OR (B) RECEIVE A PROPORTIONATE REFUND AND/OR TERMINATE THE AGREEMENT.
7.2 Limitation of Liability.
(a) The NetEase Entities are not liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or related to: (1) the use of or the inability to use our Services, (2) the cost of procurement of substitute goods and services, (3) goods, services, data, or information purchased or received through the Services, or (4) unauthorized access or alteration of your data.
(b) The NetEase Entities' aggregate liability, whether arising out of, or related to contract, tort, strict liability, or otherwise, will not exceed the lesser of (1) total amount you paid for access to the Services during the six-month period preceding the event giving rise to the liability or (2) One Hundred U.S. Dollars.
(c) These limitations and exclusions in this section apply to the maximum extent permitted by law.
(d) To the extent permitted by the applicable law, your sole and exclusive remedy in connection with our breach, termination or cancellation of these Terms or any term hereof, shall be an action for monetary damages. In no event shall you be entitled to enjoin, restrain or otherwise impair in any manner Quantic Dream's or any NetEase Entities' distribution, exhibition, exploitation, advertising, publicity or promotion or any other means of exploitation of the Services, any of its access or features, or any subsidiary or ancillary rights in connection therewith. This section sets forth the entire liability of the NetEase Entities as well as your exclusive remedy with respect to access and use of the Services.
8. BREACH AND INDEMNIFICATION, TERMS TERMINATION
8.1 In case we reasonably find that you have breached these Terms or any applicable community guidelines or rules, or we reasonably detect suspicious activity on your account, we may take such actions as we deem appropriate, with or without prior notice, to the extent permitted by applicable law, including but not limited to: (i) removing any involved Content; (ii) restoring your gameplay data to the status before your breach; (iii) restricting your access to the whole or the part of the Services or your account; (iv) terminating your right to use our Servicesin the case of serious violations; (v) taking legal action against you or disclosing relevant information to law enforcement authorities; and (vi) any other actions set forth in any applicable community guidelines and rules. If you think that such a decision was taken wrongly, you can contact us at SpellcastersSupport@quanticdream.com.
8.2 You understand that you are personally responsible for your behavior while accessing/using our Services and agree to the maximum extent permitted by law, to defend (at our request), indemnify, and hold harmless NetEase Entities from and against all claims, losses, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and costs), relating to or arising under or out of the relationship between you and us described in these Terms, including but not limited to any breach of these Terms and your violation of any rights of any third party. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
8.3 You may terminate these Terms for convenience at any time by contacting us at SpellcastersSupport@quanticdream.com. Where such termination is initiated by you, the licenses granted to you under these Terms shall terminate. In this event, you agree to cease all use of the Services and you will lose access to your Game Account, save files, in-game progression, Virtual Points and Virtual Goods (including any unused Virtual Points or Virtual Goods at the time of termination), which are licensed to you and have no real-world monetary value. Except where required by applicable law, no refunds will be provided for any unused Virtual Points, Virtual Goods or other content as a result of such termination.
9. INTELLECTUAL PROPERTY
9.1 The logos and names associated with the Services are our or NetEase Entities’ trademarks and service marks. Other marks, names and logos used in the Services, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the trademarks, service marks or logos.
9.2 We retain all right, title, and ownership in the Services and all associated data and content (including without limitation any Virtual Goods and Virtual Points (collectively "Work"). The Work is protected by international intellectual property law.
9.3 Notice of Infringement – DMCA Policy
(a) If you believe that any text, graphics, photos, audio, videos, or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the "DMCA"), by providing the following information in writing.
(1) identification of the copyrighted work that is claimed to be infringed;
(2) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;
(3) information for our copyright agent to contact you, such as an address, telephone number, and e-mail address;
(4) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
(5) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
(6) the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
(b) Notices of copyright infringement claims should be sent by mail to Quantic Dream’s address. All email correspondence should be sent to SpellcastersLegal@quanticdream.com.
It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
(c) A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
10. PAYMENT AND REFUND POLICY
10.1 Payment (real-money purchase)
The nature, use, and limitations of Virtual Points and Virtual Goods are described in Section 5 above.
(a) Purchases via third-party platform
Where real-money purchases are made via third-party platforms (such as Steam and when applicable the Epic Games Store, Microsoft (Xbox), or Sony Interactive Entertainment (PlayStation)), such purchases are processed by the applicable platform and not directly by us.
By making a real-money purchase through a third-party platform, you agree to be bound by the terms and conditions of that platform.
(b) Direct purchases operated by us (If applicable)
The following paragraph applies to you only if the Services permit you to make purchases directly within the Services through our own checkout (if the feature exists in the Services).
You are responsible for all purchases of content made through your Game Account or charged to your payment method, except where such transactions were unauthorized and not attributable to you. It is your responsibility to review the accuracy of your transaction history and to retain a copy for your records. If you have any questions regarding your transaction history, you may contact customer support.
When you purchase any content from us, you agree to pay the price indicated at the time the purchase is made. You acknowledge and agree that all information you provide with regards to a purchase within the Services, including credit card or other payment information (if applicable), is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including any credit card you provide when completing a transaction with us. To the extent permitted by applicable law and subject to the paragraph below, when you make purchases within the Services, you (a) agree to pay the non-refundable and non-cancellable price for such purchases as set forth in the Services, and all other applicable fees and taxes in connection with your purchase ("Full Purchase Amount") and (b) authorize us or our payment processor to charge your credit card or other payment method for the Full Purchase Amount. Orders will not be processed until payment has been received in full, and any holds on your account by any payment processor are solely your responsibility.
Depending on your country of residence, you may benefit from specific statutory consumer rights in connection with your purchases, including rights relating to pricing, taxes and, where applicable, withdrawal or cooling-off rights (such as in the EU, in the UK or in the Republic of Korea). Any information required under applicable law in this respect will be provided to you clearly before you complete a transaction.
For consumers residing in the European Union: the right of withdrawal normally applies to the purchase of Virtual Points and Virtual Goods. However, if these items are provided immediately after purchase, and you expressly agree to their immediate provision while acknowledging the loss of your right of withdrawal, you will no longer be able to exercise that right, as permitted by applicable consumer protection laws.
In all other cases where the right of withdrawal still applies under applicable law, you may exercise that right within a period of fourteen (14) days and obtain a refund. Any refund due will be processed within fourteen (14) days of the exercise of the right of withdrawal. You may use the withdrawal form template provided below.
To the attention of Quantic Dream SAS, 30 rue Raoul Wallenberg, 75019 Paris, France :
I () hereby notify you of my withdrawal from the contract relating to the sale of the following content () / the provision of the following services ():
Ordered on () / received on ():
Name of consumer:
Address of consumer:
Signature of consumer (only if this form is notified on paper):
Date:
10 2. Refund Policy.
(a) UNLESS OTHERWISE PROVIDED IN THESE TERMS OF USE OR REQUIRED BY APPLICABLE LAW, ALL PURCHASES WITHIN OUR SERVICES ARE FINAL, NON-REFUNDABLE, AND NON-CANCELLABLE.
(b) ALL REAL MONEY PURCHASES MADE VIA THIRD-PARTY PLATFORMS (SUCH AS STEAM, AND WHEN APPLICABLE EPIC GAMES STORE, CONSOLE STORES) ARE GOVERNED BY THE REFUND POLICIES OF THE APPLICABLE PLATFORM.
Nothing in this paragraph is intended to limit or exclude any mandatory consumer rights provided under applicable law.
10.3 Taxes and Third-Party Fees (real money). You must pay any applicable taxes and third-party fees (including, for example, ISP charges, credit card fees, VAT, and foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us (if applicable). You are responsible for all related collection costs and expenses.
10.4 Promotional Codes. We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers ("Promotional Codes") that may be redeemed for discounts on future features or benefits related to the Services, subject to any additional terms that we establish. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by us; (d) may be disabled or have additional conditions applied to them by us at any time for any reason without liability to us; (e) may only be used pursuant to the specific terms that we establish for such Promotional Codes; (f) cannot be exchanged for cash or other credits or points; (g) may expire prior to your use; and (h) may be withdrawn, revoked or amended in our sole discretion.
11. DISPUTE RESOLUTION
11.1 Governing Law.
(a) If you reside in the EEA, Switzerland, or the UK, then the laws of England and Wales will govern these Terms, without regard to principles of conflict of laws. Nothing in these Terms limits your right to invoke the mandatory consumer protection laws where you live and to initiate a proceeding according to mandatory laws of your country of residence.
(b) If you reside in North America, then these Terms shall be governed by California law, without regard to principles of conflict of laws. For any Dispute (defined below) deemed not subject to binding individual arbitration, you and we agree to submit to the exclusive jurisdiction of Orange County, California, or, if federal court jurisdiction exists, the United States District Court for the Central District of California. You and we agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible).
(c) If you reside outside of the EEA, Switzerland, the UK, or North America, then the laws of Singapore will govern these Terms, without regard to principles of conflict of laws. Nothing in these Terms limits your right to initiate a proceeding according to mandatory laws of your country of residence.
(d) The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
11.2 Informal Dispute Resolution. We are committed to customer satisfaction and we aim to resolve all your concerns amicably and efficiently. As a first step we always encourage you to contact our customer support team (available either in-game or on the game’s official website) as this is usually the quickest and most efficient way to resolve potential problems. If the problem persists, you and we agree to give each other an opportunity to resolve any disagreements first through the following informal dispute resolution process before resorting to more formal means of resolution ("Informal Dispute Resolution"). To initiate Informal Dispute Resolution, a party must give notice in writing to the other party according to this Section ("Notice"). Notice to us must be sent to SpellcastersLegal@quanticdream.com. The Notice must (i) include your full name, address, in-game username (or Game Account ID if you have one), and contact email address; (ii) explain what the disagreement is about; and (iii) explain what you want as a solution. If we have a disagreement with you, we will send a Notice and a description of the disagreement to your email address or regular address associated with your Game Account. It is your responsibility to keep your Game Account contact information up to date. Both you and we will endeavor to resolve the disagreement for a period of sixty (60) days after we receive the Notice, and during this period you agree that (i) neither party will submit the disagreement to arbitration or "small claims" or another court and (ii) all contractual deadlines and filing fee deadlines shall be tolled as of the day a compliant Notice was received by a party. You and we agree that either party has the option to ask the other to meet and confer telephonically for an informal dispute resolution conference ("Conference"). The Conference shall be individualized such that a separate Conference must be held for each user, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple users cannot participate in the same Conference unless all parties agree. If you are represented by counsel, your counsel may participate in the Conference, but you must also personally participate.
If the Dispute is not resolved within the sixty (60)-day period by Informal Dispute Resolution, you or we may start an arbitration or file in the appropriate court in accordance with these Terms.
Nothing in this clause prevents you from submitting the dispute to a court or other legal process at any time if the same is permitted by applicable law of your country of residence.
11.3 Arbitration Agreement
(a) The terms in Sections 11.3 through to 11.13 are collectively referred to as the "Arbitration Agreement" and will be applied to the extent permitted by applicable law.
(b) Applicability of the Arbitration Agreement. Any dispute, controversy, or claim arising out of or related to these Terms, the Services, or any aspect of your relationship with us that cannot be resolved through Informal Dispute Resolution ("Dispute"), shall, to the fullest extent permitted by applicable law, be resolved exclusively by final, binding arbitration. This Arbitration Agreement will survive the termination of your relationship with us. For purposes of this Arbitration Agreement, Dispute will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms as well as claims that may arise after the termination of these Terms.
(c) Confidentiality. You must keep the existence of the arbitration, all materials and documents exchanged during the arbitration proceedings, and the arbitration award confidential and you must not share with anyone except your attorney or other professional advisors, and then subject to the condition that they keep all materials and documents exchanged during the arbitration proceedings confidential. If an arbitrator orders any exchange of information during arbitral proceedings, you will seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise information, documents, testimony, or other materials that might be exchanged or the subject of discovery in the arbitration, before any such information becomes the subject of discovery in the arbitration.
(d) Arbitration Rules. The arbitration will be conducted in the English language before a single arbitrator. The arbitration hearing (if any) will be held by videoconference, unless either party requests an in-person hearing and the arbitrator agrees. Unless you and we otherwise agree, an in-person hearing will be held in the county where you reside (for U.S. residents), Irvine, CA (for non-U.S. residents), or as determined by the arbitrator (in the case of Batch Arbitration). A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "Request"). A Request to us should be sent by email to SpellcastersLegal@quanticdream.com. A Request to you will be sent to your email address or regular address associated with your Game Account. It is your responsibility to keep your Game Account contact information up to date. The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the Game Account username as well as the email address associated with such account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
11.4 Additional Terms - North America. If you reside in North America, then the following terms shall apply:
(a) FAA. These Terms affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the U.S. Federal Arbitration Act ("FAA"), 9 U.S.C. § 1, et seq., and federal arbitration law.
(b) Rules and Forum. The arbitration shall be administered by National Arbitration and Mediation ("NAM") in accordance with its Comprehensive Dispute Resolution Rules and Procedures (the "NAM Rules") in effect when the arbitration is commenced, as modified by these Terms. The NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the "NAM Mass Filing Rules") will apply if twenty-five (25) or more similar claims are asserted against us by the same or coordinated counsel or are otherwise coordinated ("Mass Filing"). The arbitrator’s decision is final, except for a limited review by courts under the FAA, and can be enforced like any other court order or judgment. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. The parties’ responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM Rules. The parties further agree that any Dispute must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, the parties agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
(c) Batch Arbitration. You agree that if there are twenty-five (25) or more individual arbitrations of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, NAM shall (i) administer the arbitration demands in batches of 100 claims per batch (or, if between twenty-five (25) and ninety-nine (99) individual arbitrations are filed, a single batch of all those arbitrations, and, to the extent there are less than 100 claims left over after the batching described above, a final batch consisting of the remaining arbitrations); (ii) appoint one arbitrator for each batch; and (iii) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ("Batch Arbitration"). Applicable statutes of limitations will be tolled for claims asserted in a Batch Arbitration from the time a compliant Notice has been received by a party until the Mass Filing is filed in NAM or in court. To the extent the parties disagree on any issue arising out of or relating to the Batch Arbitration, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process ("Procedural Arbitrator"). The Procedural Arbitrator’s fees shall be paid by us. This provision shall in no way be interpreted as authorizing a class, collective, or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. All parties agree that arbitrations are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario, raise the same or similar legal issues, and seek the same or similar relief.
(d) Arbitrator. The arbitrator will be a neutral party (not a judge or jury) who is either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from NAM’s roster of consumer dispute arbitrators, provided that if the Batch Arbitration process under subsection 11.4(c) is triggered, NAM will appoint the arbitrator for each batch. The arbitrator shall have exclusive authority to resolve any Dispute and aspect thereof, except that all Disputes arising out of or relating to class action waiver including any claim that it is unenforceable, illegal, void or voidable, or that it has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator, and any arbitration shall be stayed pending a decision by the court in such a matter.
11.5 Additional Terms - EEA, Switzerland, or the UK: We encourage you to refer to the Informal Dispute Resolution process (see Section 11.2). If you reside in the EEA and are making a claim against Quantic Dream, then you are also entitled to contact the relevant national center within the European Consumer Centres Network (“ECC Net”). Any Disputes between us not resolved by the Informal Dispute Resolution Process described above or through the ECC Net will be decided in the courts of London, England, except to the extent prohibited by law. If you are an individual consumer, then you may be entitled to invoke the mandatory consumer protection laws where you live, or bring legal proceedings in the courts where you live. If we need to enforce our rights against you as an individual consumer in the EEA, then we will do so in your country of residence. If you are a resident in France, please refer to Section 13.
11.6 Additional Terms - Rest of World. If you reside outside North America, the EEA, Switzerland, or the UK, then you agree that all Disputes shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the SIAC ("SIAC Rules") at the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. You further agree that following the commencement of SIAC arbitration, you will attempt in good faith to resolve the Dispute with us through mediation at the Singapore International Mediation Centre ("SIMC"), in accordance with the SIAC-SIMC Arb-Med-Arb Protocol at the time being in force. Any settlement reached in the course of the mediation shall be referred to the arbitral tribunal appointed by SIAC and may be made a consent award on agreed terms. The parties’ responsibility to pay any SIAC fees and costs will be solely as set forth in the applicable SIAC Rules.
11.7 Arbitration Award. The arbitrator’s award will be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.
11.8 Costs of Arbitration. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (for North America, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
11.9 Waiver of Class Actions and Class Arbitrations. To the maximum extent permitted by applicable law, for any case not subject to the requirement to arbitrate (except to the limited extent discussed above for Mass Filings), you and we agree to only bring disputes in an individual capacity and shall not (a) seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity, or (b) consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to these Terms and all other actions or arbitrations. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 11.4(c) entitled "Batch Arbitration." Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and we agree that the particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the courts indicated in subsection 11.1(b) above. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or us from participating in a class-wide settlement of claims.
11.10 Jury Trial Waiver. To the maximum extent permitted by applicable law, you and we agree to waive right to a jury trial. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
11.11 Opt-Out. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to the following email address: SpellcastersLegal@quanticdream.com, within 30 days after first agreeing or becoming subject to this Arbitration Agreement. Your notice must include your name and address, your in-game username (or Game Account ID), your contact email address, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
11.12 Modification. We retain the right to modify this Arbitration Agreement in the future. Changes will be posted here, and you should regularly check for the most recent version. If we make any future, material change to this Arbitration Agreement, we will notify you through the contact information in your Game Account. Unless you opt out within thirty (30) days of such change becoming effective by informing us at the following email address: SpellcastersLegal@quanticdream.com, your continued use of the Services after the effective date of any changes to this Arbitration Agreement constitutes your acceptance of any such change. Changes to this Arbitration Agreement do not apply to any claim that was filed in a legal proceeding against us or you prior to the effective date of the modification. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (modified by any subsequent changes to these Terms you accepted) remain in full force and effect. We will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
11.13 Exceptions. Notwithstanding anything in these Terms to the contrary, you and we agree that each party may: (a) bring a qualifying claim over a Dispute in a small claims court or tribunal, or (b) seek equitable relief in court for infringement or other misuse of intellectual property. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights.
12. MISCELLANEOUS
12.1 English Version. To the extent permitted by any applicable law, the English version of these Terms will be the version used when interpreting or construing these Terms.
12.2 Non-Assignment. You may not assign or otherwise transfer these Terms or your rights and obligations under these Terms, in whole or in part, without our written consent, and any such attempt will be void. We may assign or transfer our rights under these Terms to a third party without your consent.
12.3 Entire Agreement. These Terms set forth the entire agreement between you and us, and supersede and replace any and every other prior or contemporaneous agreement or understanding that may have existed between you and us.
12.4. Modification of the Terms. We may update these Terms from time to time, in particular to reflect changes to the Services or to applicable laws and regulations, effective upon posting an updated version of the Agreement through our Services (official website or game). Where this occurs, the updated Terms will replace the previous version. When required by applicable law, you will be informed of any material changes to the Terms and given a reasonable period of time to review the updated Terms before they take effect. During this period, you will be able to decide whether you wish to accept the revised Terms.
If you accept the updated Terms, you may continue to use the Services. If you do not accept them, you shall no longer access or use the Services and may terminate these Terms.
12.5 Severability. If any provision of these Terms is held invalid or unenforceable for any reason, the remainder of these Terms will continue in full force and effect and such provision shall be ineffective only to the extent of such invalidity or unenforceability.
12.6 No Waiver. Our failure to enforce or exercise any provision of these Terms is not a waiver of that provision.
12.7 Contact Us. If you have any further questions about these Terms, please contact us via the in-game customer service or on the official website “Spellcasters Chronicles”.
13. REGIONAL TERMS
13.1 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, then you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
13.2 France Residents. If the dispute between you and us has not been resolved, French consumers, in accordance with Articles L616-1 and R616-1 of the Consumer Code, have the option of referring the matter free of charge to the consumer mediator, namely AME CONSO, within one year of the written complaint being sent to us. The consumer mediator must be contacted either by completing the form provided for this purpose on the website: www.mediationconso-ame.com or by mail addressed to AME CONSO, 197 Boulevard Saint-Germain, 75007 Paris.
13.3 Japanese Residents:
(a) Limitation of Liability. Notwithstanding section 7.2 of these Terms, to the extent that we are liable to compensate you for any damages you incur in connection with the Services, our liability shall be limited to actual and direct ordinary damages only, and shall not exceed the lesser of (i) total amount you paid for access to the Services during the six-month period preceding the event giving rise to the liability or (ii) One Hundred U.S. Dollars. This limitation does not apply if the damages are caused by our willful misconduct or gross negligence.
(b) Issuer of Virtual Points. Virtual Points issued for Japanese residents are issued by the legal entity mentioned on the “Spellcasters Chronicles” official website.
(c) Exclusive Jurisdiction. If the arbitration agreement under these Terms becomes invalid or unenforceable for any reason, including rescission, the Tokyo District Court shall have exclusive jurisdiction over any dispute arising between you and us.
13.4 Residents in the European Economic Area: certain statutory conformity warranties may be applicable to you under your local law and nothing in these Terms is intended to affect those rights.
14. PLAYSTATION SUPPLEMENTAL TERMS (IF AND WHEN PURCHASES ARE MADE VIA THE PLAYSTATION STORE)
(a) For Purchases in PlayStation™ Store in North America
Purchase and use of items are subject to the PlayStation™ Network Terms of Service and User Agreement. The game have been sublicensed to you by Sony Interactive Entertainment America.
(b) For Purchases in PlayStation™ Store in Europe
Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited ("SIENE") and be subject to PlayStation™ Network Terms of Service and User Agreement which is available on the PlayStation™ Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.