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EMPYREAL - END USER LICENCE AGREEMENT
1 Who are we?
1.1 “Empyreal” is a game developed by Silent Games Ltd, a company registered in England and Wales under company number 11600265 with its registered office at Ground Floor, Tru-Knit House, 9-11 Carliol Sq, Newcastle Upon Tyne, United Kingdom, NE1 6UF (“Silent Games”).
1.2 “Empyreal” is published by Secret Mode Limited on behalf of Silent Games Ltd. Secret Mode Limited is a company registered in England and Wales under company number 12912552. Secret Mode’s registered office is at 32 Jessops Riverside, Brightside Lane, Sheffield, United Kingdom, S9 2RX (the “Company”).
1.3 When we refer to “we”, “us”, “our” or similar, we mean Secret Mode Limited. When we refer to “you” or “your” we mean you, the person downloading and accessing Empyreal.
2. Understanding these terms
2.1 This end user licence agreement (this “EULA”) describes how you may download, access, use and play “Empyreal” (the “Game”).
2.2 Please read this EULA carefully before downloading, accessing, using or playing the Game. If you are under the age of majority (the age at which you can enter legally binding contracts) in your jurisdiction of residence (which is under the age of 18 years in the UK), then you must ask your parent or legal guardians to consent to this EULA on your behalf. By downloading, accessing, using or playing the Game, this EULA will apply to you (or your parent/legal guardian) and you agree to the terms of this EULA. If you’d like to obtain an electronic copy of this EULA, please contact us using the details at clause 12.
2.3 When certain words and phrases are used in this EULA, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of this EULA where it was defined (you can find these meanings by looking at the sentence where the defined term is included in bold and speech marks).
2.4 You may only interact with the Game if you are acting for purposes that are wholly or mainly outside of your trade, business, craft or profession (a “Consumer”). As such:
2.4.1 you may only use the Game for your own domestic, private and non-commercial use; and
2.4.2 by using the Game you confirm that you are acting as a Consumer.
2.5 We’ll only use personal information collected about you when you download and play the Game in accordance with our privacy policy (available here).
3. The Game and your device
3.1 Our Game is available to download and use via various third party game storefronts such as Steam, PlayStation Store and Microsoft Store (Xbox) (“Third Party Platforms”). You agree that you will read and comply with all applicable terms and conditions, end user licence agreements, policies and other guidelines implemented by these Third Party Platforms in connection with your use of the Game.
3.2 You are responsible for making all arrangements necessary for you to have access to the Game, including Internet access and a compatible device with up-to-date operating systems that support the Game in accordance with our instructions and recommendations (the device you use being a “Device(s)”). You are also responsible for ensuring that everyone who accesses the Game through your account and/or Internet connection are aware of this EULA and comply with the terms of this EULA.
3.3 We do not guarantee that the Game, or any content on it, will always be available or be uninterrupted. Access to the Game is permitted on a temporary basis.
4. Acceptable use
General
4.1 You agree:
4.1.1 not to use the Game in any unlawful manner, for any unlawful purpose or in any manner inconsistent with this EULA;
4.1.2 not to infringe our intellectual property rights or those of any third party in relation to your use of the Game (to the extent that such use of our intellectual property rights is not permitted under this EULA);
4.1.3 not to engage in any act that would (or would be likely to) conflict with the spirit or intent of the Game, including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Game;
4.1.4 not to make alterations to, or modifications of, the whole or any part of the Game, or permit the Game or any part of it to be combined with, or become incorporated in, any other programs;
4.1.5 not to use the Game by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Game for use within a third party website or application;
4.1.6 not to collect or harvest any information or data from the Game or our systems or attempt to decipher any transmission to or from the servers running the Game;
4.1.7 not to copy, or otherwise reproduce or re-sell any part of the Game unless expressly permitted to do so in this EULA;
4.1.8 except to the extent permitted by applicable law, not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Game or attempt to do any such thing;
4.1.9 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Game;
4.1.10 to keep all copies of the Game secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Game;
4.1.11not to provide or otherwise make available the Game in whole or in part (including object and source code) in any form to any person without prior written consent from us;
4.1.12 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Game;
4.1.13 not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Game; and
4.1.14 not to use the Game to transmit information that is in any way false, fraudulent or misleading.
4.2 You acknowledge that you have no right to have access to the Game in source-code form.
Sharing Game content on third party platforms
4.3 We are excited to see you enjoy the Game. You can also use the Game in the following ways:
4.3.1 share screenshots, streams and/or videos of your gameplay;
4.3.2 include ads in pre-recorded or live streamed gameplay videos which you share via sites like Twitch or YouTube (as long as it doesn’t seem like an endorsement by us); and
4.3.3 to create pre-recorded or live streamed gameplay videos of you playing the Game which you share via sites like Twitch or YouTube, that you may monetise for example by receiving revenues from Twitch or YouTube
subject in all cases to your compliance with this EULA and the terms of any platform on which such material is shared.
Viruses
4.4 We do not guarantee that the Game will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platforms in order to access the Game and we recommend that you use your own virus protection software.
4.5 You must not misuse the Game by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Game, the server on which the Game is stored or any server, computer or database connected to the Game. You must not attack the Game via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit criminal offences. We may be required to report such breaches to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Game will cease immediately.
In-game currencies and items
4.6 The Game features virtual currencies and other in-game items such as weapons and other “loot” that can be earned and acquired during gameplay. For the avoidance of doubt, the Game contains no in-game currencies or items that can be purchased using real world money. We may also distribute in-game items as part of our promotional and marketing activities in the future. By acquiring in-game currencies or items, you are acquiring a limited, non-exclusive, non-transferable (outside of the Game), non-sublicensable, revocable right to use the in-game currencies and items solely for purposes within the Game itself. As such, you acknowledge and agree that: (i) you do not own any in-game currencies or items; and (ii) the in-game currencies or items you acquire have no real-world monetary value and accordingly cannot be sold or exchanged for any real-world assets, such as products, services or money. In-game currencies and items are however tradeable to other players within the Game itself, using the features within the Game that allow you to do so.
5. Intellectual property
5.1 We grant to you a non-transferable, non-exclusive, revocable licence to download, install and use the Game on your Device provided that you comply with the terms of this EULA and the documents referred to in it. We reserve all other rights.
5.2 We are the owner or licensee of all intellectual property rights in the Game and its content and the “Empyreal” name and mark. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
5.3 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in this EULA.
5.4 Subject to clause 4.3 above, no part of the Game, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
5.5 We welcome your feedback on the Game. Any communications or materials you send to us will be treated as non-proprietary and non-confidential. We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
6. Game updates and suspension
6.1 We may update, patch or otherwise modify the Game from time to time in order to:
(a) upgrade or improve your experience;
(b)implement technical adjustments;
(c)manage technical problems and security concerns;
(d)add new features;
(e)address changes in applicable law or regulation; or
(f)address other important operational, commercial or legal reasons.
We may suspend the Game from time to time to make these updates. If we make any such updates, we’ll aim to provide you with reasonable prior notification via the Game or other communication channel (however we may be unable to provide any notice if updates are required for serious reasons, such as for security threats or changes in law or regulation).
6.2 If you do not wish to continue using the Game following any such updates or suspension, you can cancel your agreement to this EULA by contacting us using the details in clause 12 and discontinuing your use of the Game.
6.3 If we have released an update, you may not be able to use the Game until you have downloaded such update.
7. Changes to this EULA
7.1 We may make changes to the terms of this EULA from time to time (for example, changes for security reasons, changes in law or for other important reasons). If we make any such changes, we’ll provide you with prior notice via the Game and/or other communication channel (which may include social media channels, such as Discord). Please check this EULA regularly to ensure that you understand the terms that apply at the time that you use and access Game.
7.2 If you do not wish to continue using the Game following any changes, you can cancel your agreement to this EULA by contacting us using the details in clause 12 and discontinuing your use of the Game.
8. Our liability
8.1 Nothing in this EULA excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
8.2 If we fail to comply with this EULA, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Game.
8.3 You agree not to use the Game, or any content on the Game, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.4 Save as set out in clause 8.1 above, our maximum liability to you under this EULA is limited to £100.
9. Termination
9.1 Either you or we may terminate this EULA at any time for any reason.
9.2 If you breach any of the terms of this EULA, we may immediately do any or all of the following (without limitation):
9.2.1 issue a warning to you;
9.2.2 temporarily or permanently withdraw your right to use the Game;
9.2.3 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
9.2.4 take further legal action against you; and/or
9.2.5 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
9.3 If we withdraw your right to use the Game, then:
9.3.1 all rights granted to you under this EULA will cease;
9.3.2 you must immediately cease all activities authorised by this EULA, including your use of any services provided through the Game; and
9.3.3 you must immediately delete or remove the Game from all Devices, and immediately destroy all copies of the Game then in your possession, custody or control and certify to us (upon our request) that you have done so.
10. Other important information
10.1 You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you to download a copy of the Game onto the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the Game on or in relation to any Device, whether or not it is owned by you.
10.2 Each of the clauses of this EULA operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
10.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and it will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11. Governing law and jurisdiction
11.1 This EULA is governed by English law. This means that your download, access to, and use of, the Game, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection therewith will be governed by English law.
11.2 If you are resident in the UK or the EU and we direct the Game to your country of residence:
11.2.1 you may bring any dispute which may arise under this EULA to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or the EU, which courts are (with the exclusion of any other court) competent to settle any such a dispute; and
11.2.2 we will bring any dispute which may arise under this EULA to the competent court of your country of habitual residence if this is within the UK or EU or otherwise the competent court of England.
11.3 If you are resident in the UK or the EU and we direct the Game to (and/or pursue our commercial or professional activities in relation to the Game in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this EULA, including clause 11.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
12. Contacting us
If you have any questions concerning this EULA or the Game, you may contact us at info@secretmode.games.
For residents and other applicable bodies in European Union (EU) who have queries specifically related to the EU Digital Services Act, please use the details set out here: https://eur03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwearesecretmode.com%2Fdigital-services-act%2F&data=05%7C02%7CJCotterill%40sumogroupltd.com%7C0d136a0de12c4995a93708dd4f5d849d%7C87fb0ec9127b4e4bba4daacb35cd29f2%7C0%7C0%7C638753985281718093%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=faNbjsEiNOH8vzhnnxFCi%2FV8S4qaPsafYiALz01M7V0%3D&reserved=0
Terms last updated: 18 February 2025
1 Who are we?
1.1 “Empyreal” is a game developed by Silent Games Ltd, a company registered in England and Wales under company number 11600265 with its registered office at Ground Floor, Tru-Knit House, 9-11 Carliol Sq, Newcastle Upon Tyne, United Kingdom, NE1 6UF (“Silent Games”).
1.2 “Empyreal” is published by Secret Mode Limited on behalf of Silent Games Ltd. Secret Mode Limited is a company registered in England and Wales under company number 12912552. Secret Mode’s registered office is at 32 Jessops Riverside, Brightside Lane, Sheffield, United Kingdom, S9 2RX (the “Company”).
1.3 When we refer to “we”, “us”, “our” or similar, we mean Secret Mode Limited. When we refer to “you” or “your” we mean you, the person downloading and accessing Empyreal.
2. Understanding these terms
2.1 This end user licence agreement (this “EULA”) describes how you may download, access, use and play “Empyreal” (the “Game”).
2.2 Please read this EULA carefully before downloading, accessing, using or playing the Game. If you are under the age of majority (the age at which you can enter legally binding contracts) in your jurisdiction of residence (which is under the age of 18 years in the UK), then you must ask your parent or legal guardians to consent to this EULA on your behalf. By downloading, accessing, using or playing the Game, this EULA will apply to you (or your parent/legal guardian) and you agree to the terms of this EULA. If you’d like to obtain an electronic copy of this EULA, please contact us using the details at clause 12.
2.3 When certain words and phrases are used in this EULA, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of this EULA where it was defined (you can find these meanings by looking at the sentence where the defined term is included in bold and speech marks).
2.4 You may only interact with the Game if you are acting for purposes that are wholly or mainly outside of your trade, business, craft or profession (a “Consumer”). As such:
2.4.1 you may only use the Game for your own domestic, private and non-commercial use; and
2.4.2 by using the Game you confirm that you are acting as a Consumer.
2.5 We’ll only use personal information collected about you when you download and play the Game in accordance with our privacy policy (available here).
3. The Game and your device
3.1 Our Game is available to download and use via various third party game storefronts such as Steam, PlayStation Store and Microsoft Store (Xbox) (“Third Party Platforms”). You agree that you will read and comply with all applicable terms and conditions, end user licence agreements, policies and other guidelines implemented by these Third Party Platforms in connection with your use of the Game.
3.2 You are responsible for making all arrangements necessary for you to have access to the Game, including Internet access and a compatible device with up-to-date operating systems that support the Game in accordance with our instructions and recommendations (the device you use being a “Device(s)”). You are also responsible for ensuring that everyone who accesses the Game through your account and/or Internet connection are aware of this EULA and comply with the terms of this EULA.
3.3 We do not guarantee that the Game, or any content on it, will always be available or be uninterrupted. Access to the Game is permitted on a temporary basis.
4. Acceptable use
General
4.1 You agree:
4.1.1 not to use the Game in any unlawful manner, for any unlawful purpose or in any manner inconsistent with this EULA;
4.1.2 not to infringe our intellectual property rights or those of any third party in relation to your use of the Game (to the extent that such use of our intellectual property rights is not permitted under this EULA);
4.1.3 not to engage in any act that would (or would be likely to) conflict with the spirit or intent of the Game, including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Game;
4.1.4 not to make alterations to, or modifications of, the whole or any part of the Game, or permit the Game or any part of it to be combined with, or become incorporated in, any other programs;
4.1.5 not to use the Game by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Game for use within a third party website or application;
4.1.6 not to collect or harvest any information or data from the Game or our systems or attempt to decipher any transmission to or from the servers running the Game;
4.1.7 not to copy, or otherwise reproduce or re-sell any part of the Game unless expressly permitted to do so in this EULA;
4.1.8 except to the extent permitted by applicable law, not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Game or attempt to do any such thing;
4.1.9 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Game;
4.1.10 to keep all copies of the Game secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Game;
4.1.11not to provide or otherwise make available the Game in whole or in part (including object and source code) in any form to any person without prior written consent from us;
4.1.12 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Game;
4.1.13 not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Game; and
4.1.14 not to use the Game to transmit information that is in any way false, fraudulent or misleading.
4.2 You acknowledge that you have no right to have access to the Game in source-code form.
Sharing Game content on third party platforms
4.3 We are excited to see you enjoy the Game. You can also use the Game in the following ways:
4.3.1 share screenshots, streams and/or videos of your gameplay;
4.3.2 include ads in pre-recorded or live streamed gameplay videos which you share via sites like Twitch or YouTube (as long as it doesn’t seem like an endorsement by us); and
4.3.3 to create pre-recorded or live streamed gameplay videos of you playing the Game which you share via sites like Twitch or YouTube, that you may monetise for example by receiving revenues from Twitch or YouTube
subject in all cases to your compliance with this EULA and the terms of any platform on which such material is shared.
Viruses
4.4 We do not guarantee that the Game will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platforms in order to access the Game and we recommend that you use your own virus protection software.
4.5 You must not misuse the Game by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Game, the server on which the Game is stored or any server, computer or database connected to the Game. You must not attack the Game via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit criminal offences. We may be required to report such breaches to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Game will cease immediately.
In-game currencies and items
4.6 The Game features virtual currencies and other in-game items such as weapons and other “loot” that can be earned and acquired during gameplay. For the avoidance of doubt, the Game contains no in-game currencies or items that can be purchased using real world money. We may also distribute in-game items as part of our promotional and marketing activities in the future. By acquiring in-game currencies or items, you are acquiring a limited, non-exclusive, non-transferable (outside of the Game), non-sublicensable, revocable right to use the in-game currencies and items solely for purposes within the Game itself. As such, you acknowledge and agree that: (i) you do not own any in-game currencies or items; and (ii) the in-game currencies or items you acquire have no real-world monetary value and accordingly cannot be sold or exchanged for any real-world assets, such as products, services or money. In-game currencies and items are however tradeable to other players within the Game itself, using the features within the Game that allow you to do so.
5. Intellectual property
5.1 We grant to you a non-transferable, non-exclusive, revocable licence to download, install and use the Game on your Device provided that you comply with the terms of this EULA and the documents referred to in it. We reserve all other rights.
5.2 We are the owner or licensee of all intellectual property rights in the Game and its content and the “Empyreal” name and mark. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
5.3 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in this EULA.
5.4 Subject to clause 4.3 above, no part of the Game, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
5.5 We welcome your feedback on the Game. Any communications or materials you send to us will be treated as non-proprietary and non-confidential. We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
6. Game updates and suspension
6.1 We may update, patch or otherwise modify the Game from time to time in order to:
(a) upgrade or improve your experience;
(b)implement technical adjustments;
(c)manage technical problems and security concerns;
(d)add new features;
(e)address changes in applicable law or regulation; or
(f)address other important operational, commercial or legal reasons.
We may suspend the Game from time to time to make these updates. If we make any such updates, we’ll aim to provide you with reasonable prior notification via the Game or other communication channel (however we may be unable to provide any notice if updates are required for serious reasons, such as for security threats or changes in law or regulation).
6.2 If you do not wish to continue using the Game following any such updates or suspension, you can cancel your agreement to this EULA by contacting us using the details in clause 12 and discontinuing your use of the Game.
6.3 If we have released an update, you may not be able to use the Game until you have downloaded such update.
7. Changes to this EULA
7.1 We may make changes to the terms of this EULA from time to time (for example, changes for security reasons, changes in law or for other important reasons). If we make any such changes, we’ll provide you with prior notice via the Game and/or other communication channel (which may include social media channels, such as Discord). Please check this EULA regularly to ensure that you understand the terms that apply at the time that you use and access Game.
7.2 If you do not wish to continue using the Game following any changes, you can cancel your agreement to this EULA by contacting us using the details in clause 12 and discontinuing your use of the Game.
8. Our liability
8.1 Nothing in this EULA excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
8.2 If we fail to comply with this EULA, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Game.
8.3 You agree not to use the Game, or any content on the Game, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.4 Save as set out in clause 8.1 above, our maximum liability to you under this EULA is limited to £100.
9. Termination
9.1 Either you or we may terminate this EULA at any time for any reason.
9.2 If you breach any of the terms of this EULA, we may immediately do any or all of the following (without limitation):
9.2.1 issue a warning to you;
9.2.2 temporarily or permanently withdraw your right to use the Game;
9.2.3 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
9.2.4 take further legal action against you; and/or
9.2.5 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
9.3 If we withdraw your right to use the Game, then:
9.3.1 all rights granted to you under this EULA will cease;
9.3.2 you must immediately cease all activities authorised by this EULA, including your use of any services provided through the Game; and
9.3.3 you must immediately delete or remove the Game from all Devices, and immediately destroy all copies of the Game then in your possession, custody or control and certify to us (upon our request) that you have done so.
10. Other important information
10.1 You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you to download a copy of the Game onto the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the Game on or in relation to any Device, whether or not it is owned by you.
10.2 Each of the clauses of this EULA operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
10.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and it will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11. Governing law and jurisdiction
11.1 This EULA is governed by English law. This means that your download, access to, and use of, the Game, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection therewith will be governed by English law.
11.2 If you are resident in the UK or the EU and we direct the Game to your country of residence:
11.2.1 you may bring any dispute which may arise under this EULA to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or the EU, which courts are (with the exclusion of any other court) competent to settle any such a dispute; and
11.2.2 we will bring any dispute which may arise under this EULA to the competent court of your country of habitual residence if this is within the UK or EU or otherwise the competent court of England.
11.3 If you are resident in the UK or the EU and we direct the Game to (and/or pursue our commercial or professional activities in relation to the Game in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this EULA, including clause 11.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
12. Contacting us
If you have any questions concerning this EULA or the Game, you may contact us at info@secretmode.games.
For residents and other applicable bodies in European Union (EU) who have queries specifically related to the EU Digital Services Act, please use the details set out here: https://eur03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwearesecretmode.com%2Fdigital-services-act%2F&data=05%7C02%7CJCotterill%40sumogroupltd.com%7C0d136a0de12c4995a93708dd4f5d849d%7C87fb0ec9127b4e4bba4daacb35cd29f2%7C0%7C0%7C638753985281718093%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=faNbjsEiNOH8vzhnnxFCi%2FV8S4qaPsafYiALz01M7V0%3D&reserved=0
Terms last updated: 18 February 2025