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Please read the Terms of Use (“Terms of Use”) and End User License Agreement (“EULA”) carefully as they form a legally binding contract between you and Devolver Digital and govern your use of our Services.
Last updated: 6 June 2025
These Terms of Use, together with our EULA and all supplemental terms and other documents referenced in these terms as amended from time to time (together, the "Terms") govern your downloading and/or use of our Games (defined below), applications, Virtual Content, User Generated Content, websites and any other services made available by us from time to time (together, the "Services").
Please read these terms carefully as they form a legally binding contract between you and Devolver Digital and govern your use of our Services. By accessing or using any of our Services, you accept and agree to these Terms. If you do not agree to these Terms, you may not access, purchase or use our Services. Whilst you should read these Terms in full, please pay particular attention to:
1 - About Us
1.1
We are Devolver Digital Inc., a Delaware corporation, whose business address is Suite 35b, 3524 Silverside Road, Wilmington, Delaware 19810-4929, USA. In these Terms, we will refer to ourselves as "we", "us", "our" and "Devolver Digital".
1.2
When we refer to our "Games", we are referring to any games developed or made available by us and made available to you from time to time.
1.3
We do not guarantee the ongoing supply of any of our Services or that our Services will be available at all times, in all locations, or at any given time or that we will continue to offer such Services for a particular length of time.
1.4
You can contact us at support@devolverdigital.com.
2 - About You
2.1
By using our Services, you agree that you (i) are at least 18 years of age, or (ii) if you are younger than 18, that you have reviewed these Terms with your parent(s) or guardian(s) and they have agreed to these Terms on your behalf and take full responsibility for your compliance with them. You also represent that you are at least the minimum age to consent to data processing under the laws of your jurisdiction (e.g. 13 years old in the United States and 16 years old in some EU jurisdictions) and are not barred from accessing the Services under applicable law.
2.2
Where an applicable age rating body (e.g. PEGI, ESRB) or platform (e.g. Steam) classifies a particular Game as suitable to be played only by users of a specified age then, in such circumstances, users below this classified age shall not be entitled to play, use or access the particular Game until they have reached the specified age classification.
2.3
If you access our Services through a third-party platform or site, you may be required to comply with their terms and conditions in addition to these Terms, please read these carefully.
2.4
For Parents/Guardians. Please familiarise yourself with any parental controls available on the devices and platforms on which our Games are offered. These controls may be used to limit the amount of time and money spent on platforms and manage features such as user-to-user messaging. To find out more about parental controls, in most cases the manufacturer of the relevant device and the provider of the platform will include further guidance on their respective websites. For further information, please also visit https://www.askaboutgames.com/get-smart-about-play/.
3 - Your Account
3.1
You may be required to make an account with a third-party platform (e.g. Steam) or site operator to access our Services ("Account").
3.2
When you create your Account, you must choose and maintain your login details (including your username and password). Your Account must include truthful and accurate information about yourself (e.g. your name) and this information must be kept up to date.
3.3
You must ensure that:
3.4
You are solely responsible for all activity on your Account, including where your Account has been accessed by another person if you have shared your login details (intentionally or unintentionally). Devolver Digital accepts no responsibility for any losses or harm you suffer as a result of unauthorised use of any third-party account that you use to access our Services.
3.5
References to "Stopping" or to "Stop" an Account includes temporarily or permanently disabling, suspending or banning an Account (including a third-party account that you have used to access our Services). If your Account is disabled or banned, you will not be able to access your Account and any licences previously granted to you to use our Services will be either temporarily or permanently revoked.
3.6
We may Stop your Account if:
3.7
You can delete your Account (including all UGCs and other associated content) at any time by submitting a request to Steam or Pigeons at Play by contacting us at or where available, by using the in-Game tools.
3.8
Please contact us immediately at support@devolverdigital.com if you believe that someone has stolen your Account or you believe someone other than you has gained access to your Account.
4 - Licence
4.1
All intellectual property and other rights in the Services are solely owned by Pigeons at Play or Devolver Digital, and you have no ownership, title, or other ownership rights in and to the Services, regardless of whether you acquired and/or purchased any of our Services.
4.2
By agreeing to and complying with these Terms, we grant you a personal, limited, non-transferable, non-sub-licensable, revocable and non-exclusive licence to use our Services for your own personal and non-commercial use, including streaming gameplay on Twitch and equivalent platforms, or sharing screenshots of gameplay.
4.3
You may not reverse engineer or attempt to extract or otherwise use source code or other data from Pigeons at Play or Devolver Digital, unless expressly authorized by Pigeons at Play or Devolver Digital or permitted by law. Pigeons at Play and Devolver Digital or its licensors own and reserve all other rights, including all right, title and interest in the Pigeons at Play and Devolver Digital Services and associated intellectual property rights
4.4
If we Stop your Account, your licence to use our Services will end.
5 - User Generated Content (UGC)
5.1
While the Game does not currently include any features that allow players to submit, load or share user-generated content (including text or chat), some Services may in the future allow you to share communications with other users via the Services via voice or other means ("User Generated Content" or "UGC"). If and when such features are introduced, the following terms will apply:
5.2
You will retain ownership of your UGC. However, you agree to grant Pigeons at Play and Devolver Digital a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free licence to use, modify, copy, create derivative works of, publicly perform, publicly display, modify, promote, translate, commercially exploit, publish and distribute any UGC that you upload to any of our Services. This includes, but is not limited to, using your UGC to create downloadable content, additional content, updates, expansion packs, upgrades, or modifications to the Games. You also agree to waive your 'moral rights' over your UGC to the extent permitted by law.
5.3
You will be solely responsible for your UGC and agree and warrant that:
5.4
By using our Services, you acknowledge and accept that you may be exposed to materials you may find offensive or objectionable. We do not endorse any UGC posted on the Services, nor do we guarantee its truthfulness or accuracy.
5.5
Please notify us at support@devolverdigital.com if you think someone has posted UGC which breaches these Terms). We will review the report and, subject to applicable laws, remove the UGC that is in breach of these Terms and take action against the user which breached these Terms. We may also take such actions, at our reasonable discretion, against anyone who knowingly submits a false report to us.
5.6
We reserve the right to remove any UGC from our Services. We will also disclose your UGC to third parties and governmental authorities on request where we are legally obliged to do so.
6 - Your Rights and Responsibilities
6.1
You agree to compensate us where we pay damages or incur any other losses or expenses (including legal fees) in respect of any claim made by a third party that your use of the Services is in breach of these Terms, contrary to any other laws and regulations or infringes the rights of any third party.
6.2
You must comply with the laws that apply to you in the country or state in which you live or from which you access our Services. You should stop using our Services if any laws applicable to you restrict or prohibit you from using our Services.
6.3
Your device may need to meet certain hardware, software and network requirements to play our Games. Our Games may also only be accessible on certain platforms (such as Steam). We cannot guarantee that our Games will work on or be compatible with a particular device, platform, operating system or equipment or in conjunction with any other software or connectivity service, or that our Services will be available in all geographic locations. Minimum technical specifications and compatibility information are available on the store that you acquire our Games.
6.4
When we make any changes to our Services, we may ask you to install patches, updates and possibly additional content for you to keep using our Services. These updates may add extra game content or fix bugs and must be installed by you to continue using our Services.
7 - Suspension and Termination
7.1
We may suspend, restrict or terminate your access to our Services or any part of our Services and consequently suspend or terminate the licence granted to you under these Terms:
7.2
We will always do our best to give you reasonable notice before terminating or deleting your access to our Services. But if you have seriously breached our Terms or have been issued with previous warnings, we may immediately terminate your licence to access our Services. Under such circumstances we will notify you in writing by email or within the Services as appropriate and the licence granted in these Terms will terminate and you must cease all use of the applicable Services.
8 - Changes to these Terms
8.1
We may make changes to these Terms from time to time, for example to ensure that we remain compliant with applicable laws or to reflect any changes we make to our Services. The updated Terms will be posted on our website. We may also notify you when we make material changes to these Terms via our in-game communications, email or otherwise. It is your responsibility to ensure that you check these Terms regularly for any changes before using our Services. Your continued use of our Services will be deemed as acceptance of any changes we make to these Terms from time to time.
9 - Our Liability to you
9.1
We will use reasonable endeavours to maintain the operation of our Services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, our Services and we may have to suspend the operation of our Services for repair, maintenance, improvement, security purpose or for any other reason. If so, we will try to ensure the suspension is as short as possible.
9.2
Our Services are provided on an "as is'' and "as available" basis. To the fullest extent permitted under applicable law, we provide no express, implied or statutory warranties that you will be able to access or use our Services at the times or locations of your choosing or that our Services will be uninterrupted or free of errors, bugs, corruption, loss, interference, hacking or viruses. Accordingly, we are not liable to you for any loss or damage that might arise, for example, from the inoperability, unavailability or security vulnerabilities of our Services or from your reliance on the quality, accuracy, or reliability of our Services. We also make no guarantee that our Services will work with or can be accessed on any particular devices, platforms, operating systems or equipment, or in conjunction with any particular software or connectivity services. We do not accept responsibility for such equipment, software or services. You acknowledge that we will not be liable for any indirect, incidental, special, exemplary, or consequential losses and damages, including loss of direct and indirect profits, goodwill or data in any way arising.
9.3
To the maximum extent permissible by law, our total liability, whether arising in contract, tort, strict liability or otherwise, including liability for any losses, costs, expenses or damages that you suffer in connection with our Services or these Terms shall not exceed (in aggregate) the monetary amount equivalent to the charges, relating to the Services, actually paid by you to us during the 6 month period prior to the date of the cause of action first arising. Notwithstanding the foregoing, nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation, death or personal injury resulting from our negligence or the negligence of our employees or agents, or any other liability that cannot under any applicable law be excluded or limited.
10 - Platforms
10.1
Our Services may be provided through a third-party platform, including game platforms (e.g. Steam) which will have their own terms and conditions which you will need to agree to before using that platform. Those terms and conditions will form a separate agreement between you and the relevant platform and are in addition to these Terms. Even if you have purchased our Services separately from a third party, you must accept these Terms before you may use our Services.
10.2
Any breach of the terms and rules of any third-party platform or publisher shall be deemed to be a breach of these Terms by you and we may Stop your Account.
10.3
Where our Services contain links to, and connect with, other services and resources provided by third parties, we have no control over the content of those services or resources and we make no warranties or representations as to the legitimacy, accuracy or quality of such third-party services or resources. Any external site that you visit by clicking through a link on the Services is entirely at your own risk. We accept no responsibility for their content, behaviour, safety or treatment of your personal data.
11 - Personal Data
11.1
We process information about you in accordance with our Privacy Policy. By using our Services, you consent to such processing, and you warrant that all data provided by you is accurate.
12 - Feedback
12.1
If you provide us with any feedback, ideas, concepts or code relating to any of our Services ("Feedback"), you hereby grant us non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free licence to use, modify, copy, create derivative works of, publicly perform, publicly display, modify, promote, translate, commercially exploit, publish and distribute your Feedback for any purposes, for all current and future methods and forms of exploitation. You also agree to waive your 'moral rights' over your Feedback to the extent permitted by law.
12.2
You agree that we are not required to use your Feedback nor credit you for any Feedback that we use.
13 - General
13.1
These Terms set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us in respect of the Services.
13.2
You may not assign or otherwise transfer your rights under these Terms to someone else for any reason (or attempt or purport to do so), unless we have first given you our express permission in writing, which we may withhold in our sole discretion. We may assign or otherwise transfer our rights and may sub-contract our obligations under this Agreement to anyone else.
13.3
Each of the terms and conditions of these Terms operates separately. If any court or other competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
13.4
You agree to comply with all local and international export laws and regulations that apply to the Services. You warrant that: (i) you are not located in a country that is subject to embargo by the United Kingdom or the United States of America; and (ii) you are not listed on any list of prohibited or restricted parties from the United Kingdom or United States of America.
13.5
Nothing in these Terms will create any relationship of partnership, agency or employment between us.
13.6
If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
13.7
These Terms are governed by the laws of California. We both agree that the courts of California or in the United States District Court for the Northern District of California will have exclusive jurisdiction in relation to any dispute connected with these Terms or our Services.
14 - Disputes
14.1
Most of your concerns can be resolved by contacting customer service at support@devolverdigital.com.
14.2
Governing Law. These Terms are governed by the laws of the State of California. You and we both agree that the courts of the State of California will have exclusive jurisdiction in relation to any dispute connected with these Terms.
14.3
Local Laws. You must not use Pigeons at Play or Devolver Digital's Services to promote or do anything that is illegal. This includes generating, sharing, or discussing illegal content or engaging in illegal activities. For example, do not use Pigeons at Play or Devolver Digital's Services to promote, incite, instruct or depict: terrorism, child exploitation, threats of violence, hate speech, self-harm, non-consensual image sharing, regulated goods and services, human exploitation or trafficking, or pornography.
14.4
For U.S. and Canadian Users only. This section 17.4 applies only to users who reside in the U.S. or Canada and offers a streamlined way to resolve disputes between you and us if they arise. Most of your concerns can be resolved by contacting customer service at support@devolverdigital.com. If we cannot resolve your concern, you , Pigeons at Play and Devolver Digital agree to be bound by the procedure set forth in this section to resolve any and all disputes between us. Please read this section carefully. It provides that we agree to resolve most disputes with you through binding individual arbitration instead of court trials and class actions.
15 - Contacting Us
15.1
If you require customer support or would like to report a complaint, fault or abusive behaviour in violation of these Terms or if you have any other questions or comments in relation to our Services, please contact us at support@devolverdigital.com.
Last Updated: 6 June 2025
PLEASE READ CAREFULLY BEFORE INSTALLING THE SOFTWARE
This end user licence agreement ("EULA") is a legal agreement between you and us – Pigeons at Play LLC of 3799 E Harbor Rd, Langley, WA 98260 (“Pigeons at Play”) and Devolver Digital Inc. of Suite 35b, 3524 Silverside Road, Wilmington, Delaware 19810-4929, USA (“Devolver Digital”). This License relates to the software programs made available by Pigeons at Play and Devolver Digital (including the software programs known as "Mycopunk", whether published directly or via a video game platform operated by a third party (“Third-Party Platform” and “Third-Party Operator”, respectively) and any updates, upgrades, patches or other modifications made to the software programs from time to time (collectively referred to as "Software").
Any reference to “Game” shall include the Software and any updates, upgrades, modifications, additional content, downloadable content, variations and expansion packs as Pigeons at Play or Devolver Digital may make available for the purposes of this EULA.
In this EULA you, the user of the Software, is referred to as "you" "your", "yours" and in this agreement we are referred to as "Pigeons at Play" and “Devolver Digital” or "we", "us", "our".
We licence use of the Software to you on the basis of this EULA. We do not sell the Software to you and we remain the owners of the Software at all times. To the extent that the Software is published via a Third-Party Platform, this EULA does not govern or change in any way your relationship with the Third-Party Operator under your applicable agreements with them.
IMPORTANT NOTICE TO ALL USERS:
This EULA governs the terms on which the Software is made available to you and the permitted use by you. By downloading or accessing the Software in any way (whether as part of the creation of an Account (defined below) or not and whether on any Pigeons at Play, Devolver Digital or third-party platform), you confirm that you are aged 18 years old or over and have read and accept the terms of this EULA, or if you are aged between 13 and 18, your parent or legal guardian has read and accepted the terms of this EULA. We may immediately terminate this EULA and stop your access to the Software if we are not satisfied that such acceptance by the parent or legal guardian has been given. You and your parent(s) or legal guardian(s) must review the terms of this EULA together. Parents and legal guardians are responsible for the acts of children under 18 years of age when using the Software.
* BY CLICKING ON THE “YES” OR “INSTALL” BUTTON, OR BY ACCESSING, DOWNLOADING OR INSTALLING THE SOFTWARE OR OTHERWISE USING THE SOFTWARE OR RELATED GAME IN ANY WAY, YOU AGREE TO THE TERMS OF THIS EULA (AND ALL TERMS INCORPORATED BY REFERENCE) AND ACKNOWLEDGE THAT SUCH EULA TERMS ARE LEGALLY BINDING ON YOU.
* IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE CLICK THE “NO” OR “EXIT” BUTTON AND/OR DO NOT USE THE SOFTWARE IN ANY WAY. IN SUCH CIRCUMSTANCES WE WILL NOT EULA THE SOFTWARE TO YOU AND YOU WILL NOT BE PERMITTED TO INSTALL, DOWNLOAD, ACCESS, COPY OR USE THE SOFTWARE IN ANY WAY WHATSOEVER. YOUR CONTINUED USE OF THE SOFTWARE IN ANY WAY (INCLUDING INSTALLATION OF THE SOFTWARE), WILL INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS EULA.
In addition to the terms of this EULA, any and all uses of the Software are subject to the Game Terms of Use ("Terms of Use") all of which are incorporated into this EULA by reference. By agreeing to this EULA, you agree to be legally bound by the Terms of Use.
You understand and agree that we may add to or change the terms of this EULA at any time. We may change the terms of this EULA to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations; (e) to improve clarity and consistency; (f) to reflect changes to our users’ needs and our business priorities, or (g) for any other reason.
Any change to the terms of this EULA shall be effective immediately and your continued use of the Software in any way (whether on any Pigeons at Play or Devolver Digital or third-party platform) shall constitute on-going acceptance of the updated terms of this EULA, as updated or varied from time to time. We therefore recommend that you check the terms and conditions of this EULA regularly.
In addition to the terms of this EULA, any and all uses of the Software are subject to the Game Terms of Use ("Terms of Use") all of which are incorporated into this EULA by reference. By agreeing to this EULA, you agree to be legally bound by the Terms of Use.
You understand and agree that we may add to or change the terms of this EULA at any time. We may change the terms of this EULA to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations; (e) to improve clarity and consistency; (f) to reflect changes to our users’ needs and our business priorities, or (g) for any other reason.
Any change to the terms of this EULA shall be effective immediately and your continued use of the Software in any way (whether on any Pigeons at Play or Devolver Digital or third-party platform) shall constitute on-going acceptance of the updated terms of this EULA, as updated or varied from time to time. We therefore recommend that you check the terms and conditions of this EULA regularly.
1. GRANT AND SCOPE OF LICENCE
1.1 Subject to you complying with this EULA, we grant you a limited, revocable, royalty-free, non-exclusive, non-transferable, non-sub-licensable licence to use the Software, solely for your personal and non-commercial use. To be clear, we consider the creation of an Account (defined below in Section 4) to access the Software in order to understand, analyse, decompile, reflect, alter, adapt, vary, reverse engineer, copy, reproduce, or transmit such authorised Software or do anything similar or equivalent, falls outside the scope of “personal and non-commercial use” and constitutes a material breach of the terms of this EULA.
1.2 When downloading and accessing the Software, or uploading content from the Software, standard network and/or broadband charges may apply. You may incur additional data charges from your network operator according to your contract with your relevant internet provider which you are solely responsible for.
2. RESTRICTIONS
2.1 Except as expressly set out in this EULA you undertake that you will not (and will not permit or encourage or procure others directly or indirectly to):
a. in whole or in part, copy, reproduce, disassemble, decompile, reverse-engineer or create derivative works of the Software (or any part of it), except where such copying is incidental to normal use of the Software;
b. rent, sell, lease, sub-licence, loan, publish, display, distribute or otherwise transfer to a third party the Software, any copy thereof, in whole or in part;
c. reflect, translate, alter, modify, merge, adapt, vary or make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
d. combine, associate, wrap-around, integrate, or align, any third-party software, components or add-on features with the Software or any part of it, in any manner whatsoever;
e. exploit or otherwise make available the Software or any of its parts for any purpose including any commercial purpose;
f. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to do any such things, except to the extent that such actions cannot be prohibited by law;
g. bypass or seek to bypass any security or technical measures (including de-obfuscating any code) relating to the Software, including by the adoption of techniques and technologies now known or hereafter developed; and
h. transfer, export, or re-export the Software to any country (i) that would violate the export control laws of the United Kingdom or the United States of America, or (ii) other than the country in which we have made the Software available to you.
2.2 You must not use in connection with the Game any third-party software (including any game client which has not been developed by Pigeons at Play or Devolver Digital or licensed under this Licence) which undertakes or enables any of the restricted activities specified at Section 2.1 above in relation to the Software.
2.3 Any use of the Software not expressly authorised by the terms of this Licence is expressly prohibited. Any use of the Software in violation of the Licence and restrictions will be regarded both as a breach of the terms of this Licence and/or as an infringement of our intellectual property rights in and to the Software (as detailed below). This includes, to the fullest extent permissible under applicable law, any breach committed outside of our Games.
2.4 You represent and warrant that: (i) you are not located in a country that is subject to embargo by the United Kingdom or the United States of America, and (ii) you are not listed on any list of prohibited or restricted parties from the United Kingdom or the United States of America.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge, accept and agree that all title, ownership rights and intellectual property rights in and to the Software and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, storylines, catch phrases, locations, concepts, artwork, landscape designs, animations, sounds, musical compositions, recordings and audio-visual effects) anywhere in the world belong to us and/or our third-party licensors.
3.2 You acknowledge that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this EULA.
3.3 You acknowledge that you have no right in or have access to the Software in source code format unless otherwise as expressly provided within this EULA.
3.4 In no event will the Software be deemed to be "open-source" or "publicly available" software.
4. ACCOUNTS
4.1 In order to access and use the Software and access the Game (and this could be via a Pigeons at Play or Devolver Digital platform or a third-party platform), you may be asked to register and open an account ("Account") and provide certain personal information such as, for example, your name and email address ("Registration"). Where the Account is created on a Pigeons at Play or Devolver Digital platform then the Account is governed by the Terms and Conditions, and our Privacy Policy explains how such information may be collected and used. Where the Account is created on a third-party platform (such as Steam, as one example), then the Account is governed by the third party's terms and conditions. The terms of this EULA are automatically incorporated as part of the Terms and Conditions.
5. OTHER THIRD-PARTY SERVICES INTEGRATION AND THIRD-PARTY SOFTWARE ACKNOWLEDGMENTS
5.1 From time to time the Software may use, include or integrate with other third-party software, services or platforms (“Third-Party Software or Platforms”).
5.2 By using the Software, Third-Party Software may collect non-personally identifiable player information from you. This may be a combination of the following, or all of the following, from time to time:
The collected non-personally identifiable player information is stored on your device and on the Third-Party Software, as applicable. No personally identifiable information is ever retained by us or shared with third parties regarding support inquiries, except to the extent such queries are facilitated by our email and hosting providers, none of whom are authorized to utilize any such information for any purpose other than as specifically related to providing such services to us.
5.3 Certain elements of the game or Services may incorporate or interact with Third-Party Software or Platforms. In some cases, these third-party tools may require you to agree to their terms and conditions or set up a separate account in order to access specific functionality. However, some third-party systems, such as backend infrastructure used solely for data storage or processing operate entirely in the background and do not require any user-facing interaction, separate accounts or direct acceptance of terms.
Where applicable, you should review and understand the terms of any Third-Party Software or Platforms that do engage directly with you or process your personal data.
5.4 If you use or integrate any third-party software (including any third-party game client) or services (“User Installed Third-Party Service(s)”) with the Software then, without prejudice to the generality of clause 8 of this EULA, Pigeons at Play and Devolver Digital shall not, to the fullest extent permissible under applicable law, be liable or responsible in any form for any failure of the Software (or any Pigeons at Play and Devolver Digital service supplied by the Software) caused as a result of the User Installed Third-Party Service. Pigeons at Play and Devolver Digital do not audit, regulate or approve User Installed Third-Party Services. Use of a User Installed Third-Party Service with the Software is completely at your own risk, without liability to Pigeons at Play and Devolver Digital and you will be solely responsible for any obligations, damages or losses which arise from such use.
6. PAYMENTS, SUBSCRIPTIONS AND CANCELLATIONS
6.1 The Software requires a one-off payment to access the base version of the game. Further one-off payments may be required for future releases, to use premium features beyond the base version of the game and/or for additional downloadable content.
6.2 The Software does not require a subscription (for example, where you are charged a regular fee to retain access to the game), but may allow in-game transactions (beyond the one-off payment to purchase the game) for access to additional content.
6.3 Any refunds and cancellations are governed strictly in accordance with the terms of this Licence and the Terms and Conditions.
7. DISCLAIMER OF WARRANTIES
7.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS, WITHOUT WARRANTY, PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, QUALITY, SATISFACTION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE IS AT YOUR SOLE RISK. Pigeons at Play AND DEVOLVER DIGITAL DO NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
7.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SOFTWARE. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SOFTWARE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SOFTWARE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LOCAL LAWS IN THE LOCATION YOU ACCESS OR USE THE SOFTWARE.
7.3 YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE SOFTWARE MEETS YOUR REQUIREMENTS.
7.4 TO THE EXTENT THAT THE SOFTWARE IS ACCESSED VIA OR DOWNLOADED FROM A THIRD-PARTY PLATFORM, THE DISCLAIMERS OF WARRANTIES SET OUT IN THIS PARAGRAPH 7 ARE REPEATED ON BEHALF OF THE THIRD-PARTY OPERATOR AND ITS AFFILIATES, AND REFERENCES TO “WE” SHOULD BE CONSTRUED ACCORDINGLY. SUCH THIRD-PARTY OPERATORS AND THEIR AFFILIATES SHALL HAVE NO OBLIGATION TO PROVIDE SUPPORT OR OTHER SERVICES IN CONNECTION WITH YOUR USE OF THE SOFTWARE UNDER THIS EULA.
8. LIABILITY
8.1 SUBJECT TO SECTION 8.3, PIGEONS AT PLAY AND DEVOLVER DIGITAL AND/OR ANY THIRD-PARTY OPERATOR AND ITS AFFILIATES SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR ANY USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, PIGEONS AT PLAY AND DEVOLVER DIGITAL AND/OR ANY THIRD-PARTY OPERATOR AND ITS AFFILIATES SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO DIGITAL ASSETS SUCH AS CHARACTERS, VIRTUAL GOODS OR CURRENCY IN THE GAME, ACCOUNTS OR STATISTICS. PIGEONS AT PLAY AND DEVOLVER DIGITAL AND/OR ANY THIRD-PARTY OPERATOR AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL PIGEONS AT PLAY AND DEVOLVER DIGITAL AND/OR ANY THIRD-PARTY OPERATOR AND ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
8.2 To the maximum extent permissible by law our total liability, whether arising in contract, tort, strict liability or otherwise and including liability for losses, costs, expenses or damages shall not exceed (in the aggregate) an amount equivalent to the fees, whether subscription, one-off or otherwise, relating to the Game, actually paid by you to Pigeons at Play and Devolver Digital during the twelve (12) months prior to the date of the cause of action first arising.
8.3 Nothing in this EULA shall limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by English law.
8.4 You agree to indemnify and hold Pigeons at Play and Devolver Digital and its affiliates harmless from any damages, losses, claims, liabilities, fines, sanctions, interest, penalties, costs, charges, expenses, and compensation arising out of or in connection with any acts or omissions which constitute a breach by you of this EULA.
9. TERMINATION
9.1 We may terminate this EULA and block access by any Account in the Game immediately if you commit a breach of this EULA.
9.2 Upon termination for any reason: (a) all rights granted to you under this EULA shall immediately cease; (b) you must immediately cease all activities authorised by this EULA; (c) you must immediately delete or remove the Software from all computer equipment in your possession, and (d) your access to and use of the Game under the Terms and Conditions will immediately cease and be terminated.
10. GENERAL
10.1 Each of the warranties and conditions (or rights and obligations) of this EULA operates separately.
10.2 If any provision, or part provision, of this EULA, including each of the warranties and conditions (or rights and obligations) is found to be illegal, invalid or unenforceable by any court or competent authority, the legality, validity and enforceability of the remaining provisions, including the warranties and conditions of this EULA, will not be affected.
10.3 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA. You may not transfer or assign your rights and obligations under this EULA to a third party.
10.4 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 will not mean that you do not have to comply with those obligations.
10.5 This EULA, its subject matter and its formation, are governed by the laws of the State of California. You and we both agree that the courts of the State of California will have exclusive jurisdiction in relation to any dispute connected with this EULA or the Game.
10.6 This EULA constitutes and contains the entire agreement between the parties with respect to the subject matter hereof, provided, however, that this EULA shall co-exist with, and shall not supersede, the Terms and Conditions and the Privacy Policy.
10.7 This EULA is drafted in the English language and may be translated into other languages. The English language version of this EULA shall prevail if there is a conflict or inconsistency or clarification required with other language versions.
TERMS OF USE
Last updated: 6 June 2025
These Terms of Use, together with our EULA and all supplemental terms and other documents referenced in these terms as amended from time to time (together, the "Terms") govern your downloading and/or use of our Games (defined below), applications, Virtual Content, User Generated Content, websites and any other services made available by us from time to time (together, the "Services").
Please read these terms carefully as they form a legally binding contract between you and Devolver Digital and govern your use of our Services. By accessing or using any of our Services, you accept and agree to these Terms. If you do not agree to these Terms, you may not access, purchase or use our Services. Whilst you should read these Terms in full, please pay particular attention to:
- Licence. When you use and/or purchase one of our Services, you receive a licence to use that Service. You do not own any of the Services provided to you.
- How to contact us for support or to report complaints, faults or abuse.. If you would like to report any breach of your intellectual property rights, please see section 9.
- Disputes. If you reside within the United States or Canada, please read section 18 which includes a binding arbitration clause and a class action waiver at section 18.8. This will govern any disputes between Devolver Digital and you.
1 - About Us
1.1
We are Devolver Digital Inc., a Delaware corporation, whose business address is Suite 35b, 3524 Silverside Road, Wilmington, Delaware 19810-4929, USA. In these Terms, we will refer to ourselves as "we", "us", "our" and "Devolver Digital".
1.2
When we refer to our "Games", we are referring to any games developed or made available by us and made available to you from time to time.
1.3
We do not guarantee the ongoing supply of any of our Services or that our Services will be available at all times, in all locations, or at any given time or that we will continue to offer such Services for a particular length of time.
1.4
You can contact us at support@devolverdigital.com.
2 - About You
2.1
By using our Services, you agree that you (i) are at least 18 years of age, or (ii) if you are younger than 18, that you have reviewed these Terms with your parent(s) or guardian(s) and they have agreed to these Terms on your behalf and take full responsibility for your compliance with them. You also represent that you are at least the minimum age to consent to data processing under the laws of your jurisdiction (e.g. 13 years old in the United States and 16 years old in some EU jurisdictions) and are not barred from accessing the Services under applicable law.
2.2
Where an applicable age rating body (e.g. PEGI, ESRB) or platform (e.g. Steam) classifies a particular Game as suitable to be played only by users of a specified age then, in such circumstances, users below this classified age shall not be entitled to play, use or access the particular Game until they have reached the specified age classification.
2.3
If you access our Services through a third-party platform or site, you may be required to comply with their terms and conditions in addition to these Terms, please read these carefully.
2.4
For Parents/Guardians. Please familiarise yourself with any parental controls available on the devices and platforms on which our Games are offered. These controls may be used to limit the amount of time and money spent on platforms and manage features such as user-to-user messaging. To find out more about parental controls, in most cases the manufacturer of the relevant device and the provider of the platform will include further guidance on their respective websites. For further information, please also visit https://www.askaboutgames.com/get-smart-about-play/.
3 - Your Account
3.1
You may be required to make an account with a third-party platform (e.g. Steam) or site operator to access our Services ("Account").
3.2
When you create your Account, you must choose and maintain your login details (including your username and password). Your Account must include truthful and accurate information about yourself (e.g. your name) and this information must be kept up to date.
3.3
You must ensure that:
- You do not share your Account details with anyone.
- You do not sell, transfer or otherwise provide access to your Account to anyone.
- You keep your Account details secret.
3.4
You are solely responsible for all activity on your Account, including where your Account has been accessed by another person if you have shared your login details (intentionally or unintentionally). Devolver Digital accepts no responsibility for any losses or harm you suffer as a result of unauthorised use of any third-party account that you use to access our Services.
3.5
References to "Stopping" or to "Stop" an Account includes temporarily or permanently disabling, suspending or banning an Account (including a third-party account that you have used to access our Services). If your Account is disabled or banned, you will not be able to access your Account and any licences previously granted to you to use our Services will be either temporarily or permanently revoked.
3.6
We may Stop your Account if:
- You have breached these Terms.
- We reasonably believe it is necessary in order to prevent or stop any harm or damage to us, to any of our Services, to other users of our Services, to the general public, or to you.
- We no longer provide the Services for which you have an Account (we will give you reasonable notice before this happens).
3.7
You can delete your Account (including all UGCs and other associated content) at any time by submitting a request to Steam or Pigeons at Play by contacting us at or where available, by using the in-Game tools.
3.8
Please contact us immediately at support@devolverdigital.com if you believe that someone has stolen your Account or you believe someone other than you has gained access to your Account.
4 - Licence
4.1
All intellectual property and other rights in the Services are solely owned by Pigeons at Play or Devolver Digital, and you have no ownership, title, or other ownership rights in and to the Services, regardless of whether you acquired and/or purchased any of our Services.
4.2
By agreeing to and complying with these Terms, we grant you a personal, limited, non-transferable, non-sub-licensable, revocable and non-exclusive licence to use our Services for your own personal and non-commercial use, including streaming gameplay on Twitch and equivalent platforms, or sharing screenshots of gameplay.
4.3
You may not reverse engineer or attempt to extract or otherwise use source code or other data from Pigeons at Play or Devolver Digital, unless expressly authorized by Pigeons at Play or Devolver Digital or permitted by law. Pigeons at Play and Devolver Digital or its licensors own and reserve all other rights, including all right, title and interest in the Pigeons at Play and Devolver Digital Services and associated intellectual property rights
4.4
If we Stop your Account, your licence to use our Services will end.
5 - User Generated Content (UGC)
5.1
While the Game does not currently include any features that allow players to submit, load or share user-generated content (including text or chat), some Services may in the future allow you to share communications with other users via the Services via voice or other means ("User Generated Content" or "UGC"). If and when such features are introduced, the following terms will apply:
5.2
You will retain ownership of your UGC. However, you agree to grant Pigeons at Play and Devolver Digital a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free licence to use, modify, copy, create derivative works of, publicly perform, publicly display, modify, promote, translate, commercially exploit, publish and distribute any UGC that you upload to any of our Services. This includes, but is not limited to, using your UGC to create downloadable content, additional content, updates, expansion packs, upgrades, or modifications to the Games. You also agree to waive your 'moral rights' over your UGC to the extent permitted by law.
5.3
You will be solely responsible for your UGC and agree and warrant that:
- You are the copyright and intellectual property rights holder in relation to any UGC you submit.
- You have sufficient rights in all your UGC to grant us the licenses described in these Terms.
- Your UGC does not breach these Terms or any other agreements with Pigeons at Play and/or Devolver Digital.
- Your UGC, your submission of your UGC, and your granting of rights in that UGC does not violate any applicable contract, law or regulation.
- Your UGC in no way breaches the rights of any other person or entity.
- Your UGC is not and does not contain any elements that are offensive, unlawful, fraudulent, libelous, scandalous, discriminatory, defamatory, obscene, pornographic, vulgar, sexually-orientated, profane, threatening, abusive, hateful, false, misleading, derogatory, bashing, aimed at or discriminatory of gender, race, color, sexual orientation, national origin, religious views, or disability or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law.
- Your UGC is not and does not contain any elements, information or software which contains a virus, Trojan horse, worm or other harmful component.
5.4
By using our Services, you acknowledge and accept that you may be exposed to materials you may find offensive or objectionable. We do not endorse any UGC posted on the Services, nor do we guarantee its truthfulness or accuracy.
5.5
Please notify us at support@devolverdigital.com if you think someone has posted UGC which breaches these Terms). We will review the report and, subject to applicable laws, remove the UGC that is in breach of these Terms and take action against the user which breached these Terms. We may also take such actions, at our reasonable discretion, against anyone who knowingly submits a false report to us.
5.6
We reserve the right to remove any UGC from our Services. We will also disclose your UGC to third parties and governmental authorities on request where we are legally obliged to do so.
6 - Your Rights and Responsibilities
6.1
You agree to compensate us where we pay damages or incur any other losses or expenses (including legal fees) in respect of any claim made by a third party that your use of the Services is in breach of these Terms, contrary to any other laws and regulations or infringes the rights of any third party.
6.2
You must comply with the laws that apply to you in the country or state in which you live or from which you access our Services. You should stop using our Services if any laws applicable to you restrict or prohibit you from using our Services.
6.3
Your device may need to meet certain hardware, software and network requirements to play our Games. Our Games may also only be accessible on certain platforms (such as Steam). We cannot guarantee that our Games will work on or be compatible with a particular device, platform, operating system or equipment or in conjunction with any other software or connectivity service, or that our Services will be available in all geographic locations. Minimum technical specifications and compatibility information are available on the store that you acquire our Games.
6.4
When we make any changes to our Services, we may ask you to install patches, updates and possibly additional content for you to keep using our Services. These updates may add extra game content or fix bugs and must be installed by you to continue using our Services.
7 - Suspension and Termination
7.1
We may suspend, restrict or terminate your access to our Services or any part of our Services and consequently suspend or terminate the licence granted to you under these Terms:
- If you breach these Terms.
- For reasons of a system failure, maintenance or repair or due to events beyond our reasonable control.
- We decide to withdraw the Services and/or any other part of the Services from the market for any reason at our sole discretion.
7.2
We will always do our best to give you reasonable notice before terminating or deleting your access to our Services. But if you have seriously breached our Terms or have been issued with previous warnings, we may immediately terminate your licence to access our Services. Under such circumstances we will notify you in writing by email or within the Services as appropriate and the licence granted in these Terms will terminate and you must cease all use of the applicable Services.
8 - Changes to these Terms
8.1
We may make changes to these Terms from time to time, for example to ensure that we remain compliant with applicable laws or to reflect any changes we make to our Services. The updated Terms will be posted on our website. We may also notify you when we make material changes to these Terms via our in-game communications, email or otherwise. It is your responsibility to ensure that you check these Terms regularly for any changes before using our Services. Your continued use of our Services will be deemed as acceptance of any changes we make to these Terms from time to time.
9 - Our Liability to you
9.1
We will use reasonable endeavours to maintain the operation of our Services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, our Services and we may have to suspend the operation of our Services for repair, maintenance, improvement, security purpose or for any other reason. If so, we will try to ensure the suspension is as short as possible.
9.2
Our Services are provided on an "as is'' and "as available" basis. To the fullest extent permitted under applicable law, we provide no express, implied or statutory warranties that you will be able to access or use our Services at the times or locations of your choosing or that our Services will be uninterrupted or free of errors, bugs, corruption, loss, interference, hacking or viruses. Accordingly, we are not liable to you for any loss or damage that might arise, for example, from the inoperability, unavailability or security vulnerabilities of our Services or from your reliance on the quality, accuracy, or reliability of our Services. We also make no guarantee that our Services will work with or can be accessed on any particular devices, platforms, operating systems or equipment, or in conjunction with any particular software or connectivity services. We do not accept responsibility for such equipment, software or services. You acknowledge that we will not be liable for any indirect, incidental, special, exemplary, or consequential losses and damages, including loss of direct and indirect profits, goodwill or data in any way arising.
9.3
To the maximum extent permissible by law, our total liability, whether arising in contract, tort, strict liability or otherwise, including liability for any losses, costs, expenses or damages that you suffer in connection with our Services or these Terms shall not exceed (in aggregate) the monetary amount equivalent to the charges, relating to the Services, actually paid by you to us during the 6 month period prior to the date of the cause of action first arising. Notwithstanding the foregoing, nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation, death or personal injury resulting from our negligence or the negligence of our employees or agents, or any other liability that cannot under any applicable law be excluded or limited.
10 - Platforms
10.1
Our Services may be provided through a third-party platform, including game platforms (e.g. Steam) which will have their own terms and conditions which you will need to agree to before using that platform. Those terms and conditions will form a separate agreement between you and the relevant platform and are in addition to these Terms. Even if you have purchased our Services separately from a third party, you must accept these Terms before you may use our Services.
10.2
Any breach of the terms and rules of any third-party platform or publisher shall be deemed to be a breach of these Terms by you and we may Stop your Account.
10.3
Where our Services contain links to, and connect with, other services and resources provided by third parties, we have no control over the content of those services or resources and we make no warranties or representations as to the legitimacy, accuracy or quality of such third-party services or resources. Any external site that you visit by clicking through a link on the Services is entirely at your own risk. We accept no responsibility for their content, behaviour, safety or treatment of your personal data.
11 - Personal Data
11.1
We process information about you in accordance with our Privacy Policy. By using our Services, you consent to such processing, and you warrant that all data provided by you is accurate.
12 - Feedback
12.1
If you provide us with any feedback, ideas, concepts or code relating to any of our Services ("Feedback"), you hereby grant us non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free licence to use, modify, copy, create derivative works of, publicly perform, publicly display, modify, promote, translate, commercially exploit, publish and distribute your Feedback for any purposes, for all current and future methods and forms of exploitation. You also agree to waive your 'moral rights' over your Feedback to the extent permitted by law.
12.2
You agree that we are not required to use your Feedback nor credit you for any Feedback that we use.
13 - General
13.1
These Terms set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us in respect of the Services.
13.2
You may not assign or otherwise transfer your rights under these Terms to someone else for any reason (or attempt or purport to do so), unless we have first given you our express permission in writing, which we may withhold in our sole discretion. We may assign or otherwise transfer our rights and may sub-contract our obligations under this Agreement to anyone else.
13.3
Each of the terms and conditions of these Terms operates separately. If any court or other competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
13.4
You agree to comply with all local and international export laws and regulations that apply to the Services. You warrant that: (i) you are not located in a country that is subject to embargo by the United Kingdom or the United States of America; and (ii) you are not listed on any list of prohibited or restricted parties from the United Kingdom or United States of America.
13.5
Nothing in these Terms will create any relationship of partnership, agency or employment between us.
13.6
If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
13.7
These Terms are governed by the laws of California. We both agree that the courts of California or in the United States District Court for the Northern District of California will have exclusive jurisdiction in relation to any dispute connected with these Terms or our Services.
14 - Disputes
14.1
Most of your concerns can be resolved by contacting customer service at support@devolverdigital.com.
14.2
Governing Law. These Terms are governed by the laws of the State of California. You and we both agree that the courts of the State of California will have exclusive jurisdiction in relation to any dispute connected with these Terms.
14.3
Local Laws. You must not use Pigeons at Play or Devolver Digital's Services to promote or do anything that is illegal. This includes generating, sharing, or discussing illegal content or engaging in illegal activities. For example, do not use Pigeons at Play or Devolver Digital's Services to promote, incite, instruct or depict: terrorism, child exploitation, threats of violence, hate speech, self-harm, non-consensual image sharing, regulated goods and services, human exploitation or trafficking, or pornography.
14.4
For U.S. and Canadian Users only. This section 17.4 applies only to users who reside in the U.S. or Canada and offers a streamlined way to resolve disputes between you and us if they arise. Most of your concerns can be resolved by contacting customer service at support@devolverdigital.com. If we cannot resolve your concern, you , Pigeons at Play and Devolver Digital agree to be bound by the procedure set forth in this section to resolve any and all disputes between us. Please read this section carefully. It provides that we agree to resolve most disputes with you through binding individual arbitration instead of court trials and class actions.
- Claims Covered by Arbitration. All Disputes shall be determined exclusively by binding arbitration. The term “Dispute” is intended to be given the broadest possible meaning that will be enforced. If you have a Dispute that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you, Pigeons at Play and Devolver Digital agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. Your agreement to arbitrate survives your, or our, termination of your access to the Services.
- Exclusions from Arbitration. We each agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this arbitration agreement): (i) any claim or cause of action alleging actual or threatened regarding the infringement, protection or validity of your, our or our licensors' intellectual property, trade secrets or copyright, trademark or patent rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, to the extent your claim or Dispute qualifies under applicable law, you may elect to proceed in small claims court.
- Opt-Out Right. You have the right to opt out of binding arbitration and the class action waiver within 30 days. If you do not wish to be bound by the binding arbitration and class action waiver in this section, you must notify us in writing within 30 days of the date that you accept, or anyone acting on your behalf accepts, this agreement unless a longer period is required by applicable law (the “Opt-Out Deadline”). You may opt-out of the arbitration procedures outlined in this section by email to . With the subject line “terms of use – opt-out notice.” Your written notice must include: (i) your player ID, (ii) your name, (iii) your address, (iv) the email address associated with your app store or Account, if you have one, and (v) a clear statement that you do not wish to resolve disputes with us through arbitration.
- In order to validly terminate the arbitration agreement, we must receive your opt out notice no later than 3 days after the Opt-Out Deadline for it to be valid. You agree that you must pursue any claim in arbitration or small claims court if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt-Out Deadline.
- Notice of Dispute. If you have a Dispute with us, or any of our affiliates, you must send a written notice to , with the subject line “Notice of Dispute”. The informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). The Notice of Dispute must: (i) include the player ID, full name and contact information of the complaining party; (ii) describe the nature and basis of the claim or dispute; and (iii) set forth the specific relief sought (together, the “Required Information”). If your notice does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then the Notice of Dispute shall be without effect, and must be re-sent before any arbitration or other legal action may be initiated. This requirement is intended to inform us that you have a Dispute to be resolved. We will send our Notice of Dispute to your billing or email address. Most disputes are resolved by our customer service team but if for whatever reason they are not able to solve the issue, you will be provided an opportunity to escalate the matter first to our responsible management team member(s). You, Pigeons at Play and Devolver Digital agree to attempt to resolve any Dispute informally, and in good faith, for at least 60 days after an effective Notice of Dispute is provided, before initiating arbitration pursuant to the terms of this section.
- Arbitration Procedure. If a Dispute cannot be resolved informally, subject to the exceptions in section 17.9, you, Pigeons at Play and Devolver Digital agree to have the Dispute finally and exclusively resolved by binding arbitration. The arbitration shall be administered by the American Arbitration Association ("AAA"), unless the AAA declines or is unable, then we will select an alternative arbitral forum.
- We agree that we will pay all filing, administration and arbitrator fees other than the initial filing fee that you must pay to file the initial arbitration demand. If your claim is for less than US$1,000, we will reimburse you for the filing fee if you provide a written request for reimbursement with evidence of insufficient funds to pay the fee yourself. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing fee in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. Otherwise, we will each bear the fees and expenses of our respective attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.
- Arbitration will be conducted in accordance with the AAA’s rules, including the AAA’s Consumer Arbitration Rules respectively the AAA's Supplementary Rules for Multiple Case Filings (as applicable), as modified by these Terms. The AAA rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at +1-800-778-7879. The arbitration will be conducted in English by one arbitrator, who will be appointed by the AAA. For claims under US$25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you or we request an in-person or telephonic hearing, or the arbitrator determines that an in-person or telephonic appearance is required. In the case of a hearing, the presumption shall be in favour of a virtual hearing, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in a mutually convenient location. We will ordinarily request that the hearing be held in New York. You may petition the arbitrator to select an alternative location for the hearing. The arbitrator’s selection of a hearing location shall be final and binding. You agree that in the event of an in-person hearing, we or any of our employees or affiliates who are based outside of the United States and who are participating in the hearing may participate by telephone or video conference, and their physical presence will not be required.
- Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgement on any arbitration award may be entered in any court having proper jurisdiction.
- Ordinarily, pre-hearing information exchange will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your game play data and in-app purchases and communications directly about that information among you and us. Any issues regarding discovery, or the relevance or scope thereof, will be determined by the arbitrator, and the arbitrator’s determination will be conclusive.
- The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favour of you individually and only to the extent necessary to provide relief warranted by your individual claim without affecting our other customers, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction. The arbitrator shall make a decision in writing and shall provide a statement of reasons if requested by either party. Nothing in these Terms will prevent you from seeking public injunctive relief separately from arbitration in court pursuant to these Terms, and any such application will not be deemed incompatible with the agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and us agree that any proceedings seeking a remedy of public injunctive relief will proceed after the arbitration of all arbitrable Claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the US Federal Arbitration Act.
- Class Action Waiver. In addition to the above, we each agree that any proceeding, whether in arbitration or in court, will be conducted with you only on an individual basis and not in a class, consolidated or representative action, except for actions for injunctive relief as described below and in this paragraph. Upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator may, at their discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently pending arbitrations initiated under this arbitration agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualised hearing.
- If a court or arbitrator determines, in an action between you and us, that this class action waiver is unenforceable, this arbitration agreement will not apply to you. If you opt out of the arbitration agreement as specified above, this class action waiver will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above.
- Jury Waiver. If for any reason a dispute proceeds in court rather than through arbitration, the parties agree to each waive any right to a jury trial.
15 - Contacting Us
15.1
If you require customer support or would like to report a complaint, fault or abusive behaviour in violation of these Terms or if you have any other questions or comments in relation to our Services, please contact us at support@devolverdigital.com.
END USER LICENCE AGREEMENT (“EULA”)
Last Updated: 6 June 2025
PLEASE READ CAREFULLY BEFORE INSTALLING THE SOFTWARE
This end user licence agreement ("EULA") is a legal agreement between you and us – Pigeons at Play LLC of 3799 E Harbor Rd, Langley, WA 98260 (“Pigeons at Play”) and Devolver Digital Inc. of Suite 35b, 3524 Silverside Road, Wilmington, Delaware 19810-4929, USA (“Devolver Digital”). This License relates to the software programs made available by Pigeons at Play and Devolver Digital (including the software programs known as "Mycopunk", whether published directly or via a video game platform operated by a third party (“Third-Party Platform” and “Third-Party Operator”, respectively) and any updates, upgrades, patches or other modifications made to the software programs from time to time (collectively referred to as "Software").
Any reference to “Game” shall include the Software and any updates, upgrades, modifications, additional content, downloadable content, variations and expansion packs as Pigeons at Play or Devolver Digital may make available for the purposes of this EULA.
In this EULA you, the user of the Software, is referred to as "you" "your", "yours" and in this agreement we are referred to as "Pigeons at Play" and “Devolver Digital” or "we", "us", "our".
We licence use of the Software to you on the basis of this EULA. We do not sell the Software to you and we remain the owners of the Software at all times. To the extent that the Software is published via a Third-Party Platform, this EULA does not govern or change in any way your relationship with the Third-Party Operator under your applicable agreements with them.
IMPORTANT NOTICE TO ALL USERS:
This EULA governs the terms on which the Software is made available to you and the permitted use by you. By downloading or accessing the Software in any way (whether as part of the creation of an Account (defined below) or not and whether on any Pigeons at Play, Devolver Digital or third-party platform), you confirm that you are aged 18 years old or over and have read and accept the terms of this EULA, or if you are aged between 13 and 18, your parent or legal guardian has read and accepted the terms of this EULA. We may immediately terminate this EULA and stop your access to the Software if we are not satisfied that such acceptance by the parent or legal guardian has been given. You and your parent(s) or legal guardian(s) must review the terms of this EULA together. Parents and legal guardians are responsible for the acts of children under 18 years of age when using the Software.
* BY CLICKING ON THE “YES” OR “INSTALL” BUTTON, OR BY ACCESSING, DOWNLOADING OR INSTALLING THE SOFTWARE OR OTHERWISE USING THE SOFTWARE OR RELATED GAME IN ANY WAY, YOU AGREE TO THE TERMS OF THIS EULA (AND ALL TERMS INCORPORATED BY REFERENCE) AND ACKNOWLEDGE THAT SUCH EULA TERMS ARE LEGALLY BINDING ON YOU.
* IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE CLICK THE “NO” OR “EXIT” BUTTON AND/OR DO NOT USE THE SOFTWARE IN ANY WAY. IN SUCH CIRCUMSTANCES WE WILL NOT EULA THE SOFTWARE TO YOU AND YOU WILL NOT BE PERMITTED TO INSTALL, DOWNLOAD, ACCESS, COPY OR USE THE SOFTWARE IN ANY WAY WHATSOEVER. YOUR CONTINUED USE OF THE SOFTWARE IN ANY WAY (INCLUDING INSTALLATION OF THE SOFTWARE), WILL INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS EULA.
In addition to the terms of this EULA, any and all uses of the Software are subject to the Game Terms of Use ("Terms of Use") all of which are incorporated into this EULA by reference. By agreeing to this EULA, you agree to be legally bound by the Terms of Use.
You understand and agree that we may add to or change the terms of this EULA at any time. We may change the terms of this EULA to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations; (e) to improve clarity and consistency; (f) to reflect changes to our users’ needs and our business priorities, or (g) for any other reason.
Any change to the terms of this EULA shall be effective immediately and your continued use of the Software in any way (whether on any Pigeons at Play or Devolver Digital or third-party platform) shall constitute on-going acceptance of the updated terms of this EULA, as updated or varied from time to time. We therefore recommend that you check the terms and conditions of this EULA regularly.
In addition to the terms of this EULA, any and all uses of the Software are subject to the Game Terms of Use ("Terms of Use") all of which are incorporated into this EULA by reference. By agreeing to this EULA, you agree to be legally bound by the Terms of Use.
You understand and agree that we may add to or change the terms of this EULA at any time. We may change the terms of this EULA to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations; (e) to improve clarity and consistency; (f) to reflect changes to our users’ needs and our business priorities, or (g) for any other reason.
Any change to the terms of this EULA shall be effective immediately and your continued use of the Software in any way (whether on any Pigeons at Play or Devolver Digital or third-party platform) shall constitute on-going acceptance of the updated terms of this EULA, as updated or varied from time to time. We therefore recommend that you check the terms and conditions of this EULA regularly.
1. GRANT AND SCOPE OF LICENCE
1.1 Subject to you complying with this EULA, we grant you a limited, revocable, royalty-free, non-exclusive, non-transferable, non-sub-licensable licence to use the Software, solely for your personal and non-commercial use. To be clear, we consider the creation of an Account (defined below in Section 4) to access the Software in order to understand, analyse, decompile, reflect, alter, adapt, vary, reverse engineer, copy, reproduce, or transmit such authorised Software or do anything similar or equivalent, falls outside the scope of “personal and non-commercial use” and constitutes a material breach of the terms of this EULA.
1.2 When downloading and accessing the Software, or uploading content from the Software, standard network and/or broadband charges may apply. You may incur additional data charges from your network operator according to your contract with your relevant internet provider which you are solely responsible for.
2. RESTRICTIONS
2.1 Except as expressly set out in this EULA you undertake that you will not (and will not permit or encourage or procure others directly or indirectly to):
a. in whole or in part, copy, reproduce, disassemble, decompile, reverse-engineer or create derivative works of the Software (or any part of it), except where such copying is incidental to normal use of the Software;
b. rent, sell, lease, sub-licence, loan, publish, display, distribute or otherwise transfer to a third party the Software, any copy thereof, in whole or in part;
c. reflect, translate, alter, modify, merge, adapt, vary or make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
d. combine, associate, wrap-around, integrate, or align, any third-party software, components or add-on features with the Software or any part of it, in any manner whatsoever;
e. exploit or otherwise make available the Software or any of its parts for any purpose including any commercial purpose;
f. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to do any such things, except to the extent that such actions cannot be prohibited by law;
g. bypass or seek to bypass any security or technical measures (including de-obfuscating any code) relating to the Software, including by the adoption of techniques and technologies now known or hereafter developed; and
h. transfer, export, or re-export the Software to any country (i) that would violate the export control laws of the United Kingdom or the United States of America, or (ii) other than the country in which we have made the Software available to you.
2.2 You must not use in connection with the Game any third-party software (including any game client which has not been developed by Pigeons at Play or Devolver Digital or licensed under this Licence) which undertakes or enables any of the restricted activities specified at Section 2.1 above in relation to the Software.
2.3 Any use of the Software not expressly authorised by the terms of this Licence is expressly prohibited. Any use of the Software in violation of the Licence and restrictions will be regarded both as a breach of the terms of this Licence and/or as an infringement of our intellectual property rights in and to the Software (as detailed below). This includes, to the fullest extent permissible under applicable law, any breach committed outside of our Games.
2.4 You represent and warrant that: (i) you are not located in a country that is subject to embargo by the United Kingdom or the United States of America, and (ii) you are not listed on any list of prohibited or restricted parties from the United Kingdom or the United States of America.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge, accept and agree that all title, ownership rights and intellectual property rights in and to the Software and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, storylines, catch phrases, locations, concepts, artwork, landscape designs, animations, sounds, musical compositions, recordings and audio-visual effects) anywhere in the world belong to us and/or our third-party licensors.
3.2 You acknowledge that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this EULA.
3.3 You acknowledge that you have no right in or have access to the Software in source code format unless otherwise as expressly provided within this EULA.
3.4 In no event will the Software be deemed to be "open-source" or "publicly available" software.
4. ACCOUNTS
4.1 In order to access and use the Software and access the Game (and this could be via a Pigeons at Play or Devolver Digital platform or a third-party platform), you may be asked to register and open an account ("Account") and provide certain personal information such as, for example, your name and email address ("Registration"). Where the Account is created on a Pigeons at Play or Devolver Digital platform then the Account is governed by the Terms and Conditions, and our Privacy Policy explains how such information may be collected and used. Where the Account is created on a third-party platform (such as Steam, as one example), then the Account is governed by the third party's terms and conditions. The terms of this EULA are automatically incorporated as part of the Terms and Conditions.
5. OTHER THIRD-PARTY SERVICES INTEGRATION AND THIRD-PARTY SOFTWARE ACKNOWLEDGMENTS
5.1 From time to time the Software may use, include or integrate with other third-party software, services or platforms (“Third-Party Software or Platforms”).
5.2 By using the Software, Third-Party Software may collect non-personally identifiable player information from you. This may be a combination of the following, or all of the following, from time to time:
- Mission, mission duration and mission category;
- Level progress, category, and duration;
- Character data;
- Unlocked items, upgrades, scores, achievements;
- The pick rate or popularity of each character, weapon, unlocked item, upgrade, or achievement;
- The popularity of each upgrade in comparison to other upgrades of the same weapon or character;
- The popularity specific combinations of characters, weapons, unlocked items, upgrades, or achievements;
- The threat level and swarm intensity of players and the popularity of each;
- The amount of enemies killed;
- The player count;
- Biomes;
- How often players play with others;
- How often players lpay with others who are friends.
The collected non-personally identifiable player information is stored on your device and on the Third-Party Software, as applicable. No personally identifiable information is ever retained by us or shared with third parties regarding support inquiries, except to the extent such queries are facilitated by our email and hosting providers, none of whom are authorized to utilize any such information for any purpose other than as specifically related to providing such services to us.
5.3 Certain elements of the game or Services may incorporate or interact with Third-Party Software or Platforms. In some cases, these third-party tools may require you to agree to their terms and conditions or set up a separate account in order to access specific functionality. However, some third-party systems, such as backend infrastructure used solely for data storage or processing operate entirely in the background and do not require any user-facing interaction, separate accounts or direct acceptance of terms.
Where applicable, you should review and understand the terms of any Third-Party Software or Platforms that do engage directly with you or process your personal data.
5.4 If you use or integrate any third-party software (including any third-party game client) or services (“User Installed Third-Party Service(s)”) with the Software then, without prejudice to the generality of clause 8 of this EULA, Pigeons at Play and Devolver Digital shall not, to the fullest extent permissible under applicable law, be liable or responsible in any form for any failure of the Software (or any Pigeons at Play and Devolver Digital service supplied by the Software) caused as a result of the User Installed Third-Party Service. Pigeons at Play and Devolver Digital do not audit, regulate or approve User Installed Third-Party Services. Use of a User Installed Third-Party Service with the Software is completely at your own risk, without liability to Pigeons at Play and Devolver Digital and you will be solely responsible for any obligations, damages or losses which arise from such use.
6. PAYMENTS, SUBSCRIPTIONS AND CANCELLATIONS
6.1 The Software requires a one-off payment to access the base version of the game. Further one-off payments may be required for future releases, to use premium features beyond the base version of the game and/or for additional downloadable content.
6.2 The Software does not require a subscription (for example, where you are charged a regular fee to retain access to the game), but may allow in-game transactions (beyond the one-off payment to purchase the game) for access to additional content.
6.3 Any refunds and cancellations are governed strictly in accordance with the terms of this Licence and the Terms and Conditions.
7. DISCLAIMER OF WARRANTIES
7.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS, WITHOUT WARRANTY, PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, QUALITY, SATISFACTION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE IS AT YOUR SOLE RISK. Pigeons at Play AND DEVOLVER DIGITAL DO NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
7.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SOFTWARE. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SOFTWARE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SOFTWARE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LOCAL LAWS IN THE LOCATION YOU ACCESS OR USE THE SOFTWARE.
7.3 YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE SOFTWARE MEETS YOUR REQUIREMENTS.
7.4 TO THE EXTENT THAT THE SOFTWARE IS ACCESSED VIA OR DOWNLOADED FROM A THIRD-PARTY PLATFORM, THE DISCLAIMERS OF WARRANTIES SET OUT IN THIS PARAGRAPH 7 ARE REPEATED ON BEHALF OF THE THIRD-PARTY OPERATOR AND ITS AFFILIATES, AND REFERENCES TO “WE” SHOULD BE CONSTRUED ACCORDINGLY. SUCH THIRD-PARTY OPERATORS AND THEIR AFFILIATES SHALL HAVE NO OBLIGATION TO PROVIDE SUPPORT OR OTHER SERVICES IN CONNECTION WITH YOUR USE OF THE SOFTWARE UNDER THIS EULA.
8. LIABILITY
8.1 SUBJECT TO SECTION 8.3, PIGEONS AT PLAY AND DEVOLVER DIGITAL AND/OR ANY THIRD-PARTY OPERATOR AND ITS AFFILIATES SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR ANY USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, PIGEONS AT PLAY AND DEVOLVER DIGITAL AND/OR ANY THIRD-PARTY OPERATOR AND ITS AFFILIATES SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO DIGITAL ASSETS SUCH AS CHARACTERS, VIRTUAL GOODS OR CURRENCY IN THE GAME, ACCOUNTS OR STATISTICS. PIGEONS AT PLAY AND DEVOLVER DIGITAL AND/OR ANY THIRD-PARTY OPERATOR AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL PIGEONS AT PLAY AND DEVOLVER DIGITAL AND/OR ANY THIRD-PARTY OPERATOR AND ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
8.2 To the maximum extent permissible by law our total liability, whether arising in contract, tort, strict liability or otherwise and including liability for losses, costs, expenses or damages shall not exceed (in the aggregate) an amount equivalent to the fees, whether subscription, one-off or otherwise, relating to the Game, actually paid by you to Pigeons at Play and Devolver Digital during the twelve (12) months prior to the date of the cause of action first arising.
8.3 Nothing in this EULA shall limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by English law.
8.4 You agree to indemnify and hold Pigeons at Play and Devolver Digital and its affiliates harmless from any damages, losses, claims, liabilities, fines, sanctions, interest, penalties, costs, charges, expenses, and compensation arising out of or in connection with any acts or omissions which constitute a breach by you of this EULA.
9. TERMINATION
9.1 We may terminate this EULA and block access by any Account in the Game immediately if you commit a breach of this EULA.
9.2 Upon termination for any reason: (a) all rights granted to you under this EULA shall immediately cease; (b) you must immediately cease all activities authorised by this EULA; (c) you must immediately delete or remove the Software from all computer equipment in your possession, and (d) your access to and use of the Game under the Terms and Conditions will immediately cease and be terminated.
10. GENERAL
10.1 Each of the warranties and conditions (or rights and obligations) of this EULA operates separately.
10.2 If any provision, or part provision, of this EULA, including each of the warranties and conditions (or rights and obligations) is found to be illegal, invalid or unenforceable by any court or competent authority, the legality, validity and enforceability of the remaining provisions, including the warranties and conditions of this EULA, will not be affected.
10.3 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA. You may not transfer or assign your rights and obligations under this EULA to a third party.
10.4 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 will not mean that you do not have to comply with those obligations.
10.5 This EULA, its subject matter and its formation, are governed by the laws of the State of California. You and we both agree that the courts of the State of California will have exclusive jurisdiction in relation to any dispute connected with this EULA or the Game.
10.6 This EULA constitutes and contains the entire agreement between the parties with respect to the subject matter hereof, provided, however, that this EULA shall co-exist with, and shall not supersede, the Terms and Conditions and the Privacy Policy.
10.7 This EULA is drafted in the English language and may be translated into other languages. The English language version of this EULA shall prevail if there is a conflict or inconsistency or clarification required with other language versions.