END USER LICENCE AGREEMENT

PLEASE READ THIS END USER LICENCE AGREEMENT (“EULA” OR “AGREEMENT”) CAREFULLY. BY USING AND PARTICIPATING IN THE GAME YOU AGREE THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE GAME. You are responsible for any Internet connection fees that you incur when USING AND PARTICIPATING.

This EULA, together with the terms of use which can be found on https://www.bhvr.com/behaviour-tou/ (“Terms of Use”), and the privacy policy which can be found on https://www.bhvr.com/behaviour-privacy/ (“Privacy Policy”) (collectively referred to as “Overall Terms”), as any of the foregoing may be amended from time to time, together with any posted rules or instructions regarding a particular activity, poll, or other offering (all such terms hereafter collectively “BHVR Terms”), govern your participation and use of the videogame, application, software, their associated upgrades, patches, and updates and related services (the “Game”) and any other product, online service or web site (individually and collectively “BHVR Services”) currently offered or which will be offered by BEHAVIOUR INTERACTIVE INC., or any of its subsidiaries and affiliates (collectively, “BHVR”).

BHVR reserves the right, at any time and in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA. BHVR will inform you about such revisions by email and/or during log in. Unless indicated otherwise, such revisions affecting existing BHVR Services shall be effective at the earlier of your acceptance, or thirty (30) days after posting. If any future changes to this EULA are unacceptable to you or cause you to no longer be in agreement or compliance with this EULA, you may terminate this EULA in accordance with the provisions herein.

You can review the most current version of this EULA by clicking on the “EULA” link located in the Game. You are responsible for checking the EULA periodically for changes.

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Capitalized terms used herein without being defined shall have the meaning specified in the Terms of Use.

I. Rules of Conduct

By using BHVR Services, you agree to comply with certain rules of conduct that govern your use of BHVR Services. For example, you may not:

• a. Harass, threaten, defame, insult, abuse, or bully another user; engage in conduct that is vulgar, obscene, hateful, inflammatory, misogynistic, intimidating, violent, sexually explicit, or that promotes or encourages violence (including self-harm); or otherwise interfere with or compromise another user’s play experience, including by repeatedly sending unwanted messages, making personal attacks or statements about a person's race, ethnicity, religion, national origin, gender, gender identity or expression or sexual orientation. Hate speech is strictly prohibited.
• b. Purposefully disrupt the flow of in-game chat with repeated “spam” messages.
• c. Impersonate another person (including celebrities), indicate falsely that you are a BHVR employee or a representative of BHVR, or attempt to mislead users by indicating that you represent BHVR or any of BHVR’s partners.
• d. Attempt to get a password, access information, or other private information from anyone else on BHVR Services.
• e. Promote or encourage any illegal activity, including hacking, cracking, or distribution of counterfeit versions of the Game.
• f. Upload and/or distribute files that contain a virus or corrupted data.
• g. Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities, and Post or communicate any user’s real-world personal information using a BHVR Service.
• h. Improperly use web support or complaint buttons or make false reports to BHVR staff.
• i. Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications.
• j. Modify any part of the BHVR Services that BHVR does not specifically authorize you to modify.
• k. Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a BHVR Service.
• l. Attempt to use BHVR Software on or through any service that is not controlled or authorized by BHVR.
• m. Knowingly exploit errors in design, undocumented features, and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage.
• n. Purposefully engaging in conduct intended to prevent other players from enjoying a BHVR Service (including disconnecting from a BHVR Service), to disrupt the normal operation of the service, or to create significant additional technical, support, moderation, or operational costs for BHVR, unless specifically authorized through in-game allowed features.
• o. Post illegal content.
• p. Report abusively BHVR.
• q. Fraudulently obtaining Virtual Goods (as defined below) through an exploit, unauthorized transaction or fraudulent activity.
• r. Reverse engineer, decompile, disassemble, modify or create derivative works of the Game except where expressly permitted by BHVR.
• s. Facilitate, create, or maintain any unauthorized connection to the Game.
• t. Sell, exchange, trade, give, convert, redeem, or otherwise transfer Virtual Goods or entire accounts inside or outside of the Game, except as expressly permitted by this EULA, the BHVR Terms, or otherwise permitted in the gameplay.

This above-referenced list of prohibitions only provides examples of unacceptable conduct and is not intended to be a complete or exclusive list of prohibited conduct. Your online conduct should be respectful towards others who access and use the Game (whether or not such third parties are registered users of the Game) and for the employees and representatives of BHVR.

To maintain a safe and respectful environment for all players, we encourage anyone who experiences or witnesses inappropriate conduct or illegal content to report it. Please note that, regardless of the type of report submitted, all reports must be accompanied by supporting evidence. Reports can be submitted either through the in-game reporting system or via the player support ticket. To submit a ticket, please visit: https://support.bhvr.com.

You must also obey all federal, provincial, state, and local laws, regulations and rules that apply to your activities when you use the Game. BHVR reserves the right to terminate this EULA and to prevent your use of any and all BHVR Services if your Access is used to engage in illegal activity, violates these rules of conduct, or otherwise any BHVR Terms.

II. Limited Use License

BHVR hereby grants to you a limited, personal, nonexclusive, nontransferable, non-assignable and fully revocable license to use the Game and any Content therefrom for your individual, non-commercial, entertainment purposes only. The foregoing license is subject to the following: (1) you are current with your payment of all applicable fees for the use of the Game and BHVR Services to which you have subscribed and (2) you comply with the Terms of Use (if any), this EULA and the Privacy Policy and you are not otherwise in breach of any BHVR Terms. The foregoing grant of license shall be automatically revoked as of the moment that any of the foregoing conditions are no longer met by you.

The Game may require or allow you to download software, software updates or patches, or other utilities and tools from BHVR or its licensors (collectively, “BHVR Software”). In such cases, BHVR grants to you a non-exclusive, limited license to use BHVR Software solely for the purpose stated by BHVR at the time the BHVR Software is made available to you. If an End User License Agreement is provided with the BHVR Software, your use of the BHVR Software is subject to the terms of that license agreement in addition to these BHVR Terms. You may not sub-license, or charge others to use or access BHVR Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from BHVR Software. You may not modify BHVR Software or use it in any way not expressly authorized in writing by BHVR. You understand that BHVR’s introduction of various technologies may not be consistent across all platforms and that the performance of BHVR Software and related BHVR Services may vary depending on your Device and other equipment.

From time to time, BHVR may provide you with updates or modifications to the Game. You understand that certain updates and modifications may be required in order to continue the use of the Game. You agree that BHVR may stop to support previous versions of the Game upon availability of an updated version.

III. Consent to Monitor

When you use the Game, or participate in any other BHVR Service, your IP address (the Internet protocol address from which you access any of the above) may be stored in BHVR’s records. When the Game, or any element or module thereof, is updated or “patched,” BHVR’s patch routine may check your Device to see that you have the most recent version of game-specific files; when you communicate within the Game or any communication feature in the Game (e.g. live chat, instant message services and the like), even “privately” to another person, you do so with the understanding that those communications go through BHVR servers, can be monitored by us. Accordingly, you expressly consent to the monitoring of communications that you send and receive, and agree that you have no expectation of privacy in any of those communications.

BHVR may use an anti-cheat service (the “AntiCheat”) operated by a third-party service provider offering services to BHVR. The AntiCheat may have a client software (“Client”) that may be integrated into the Game. When you start a new Game session the Client may automatically load and install its latest version to the Device. When you are using the Game on your Device the AntiCheat may monitor the Device, analyzing the Game binaries and scanning the memory of the Device for the purpose of detecting and preventing cheating in the Game (“Purpose”). For the Purpose the AntiCheat may store information regarding cheating methods used in the Game (“Data”). By installing, copying, or otherwise using this Game, you give your consent that the AntiCheat may gather, store and publish Data for the sole purpose of the Purpose. The Data will be used solely for the Purpose including but not limited to identifying and banning players who are cheating in computer games, analyzing cheating behavior and cheating codes as well as sharing data about cheats with affiliates of the AntiCheat.

You agree that we may communicate with you via telephone, email and any similar technology for any purpose relating to the Game, and any BHVR Service which may in the future be provided by us or on BHVR’s behalf. You expressly permit BHVR to upload CPU, operating system, video card, sound card and memory information from your Device to analyze and optimize your Game experience, improve and maintain the Game and/or provide you with customer service. In the event that the Game detects an unauthorized third party program, (a) the Game may communicate information back to us, including without limitation your account (“Account”) username, details about the unauthorized third party program detected and the activities or functions performed thereby, and/or (b) we may exercise any or all of its rights and remedies under the BHVR Terms without prior notice to the user(s) linked to such unauthorized third party program.

IV. Intellectual Property

BHVR Services and all title, ownership rights and intellectual property rights in and to the Game (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Game, individually or in combination) are owned by BHVR or BHVR’s licensors and are protected by Canadian and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the Game or a BHVR Service unless BHVR’s terms expressly authorize you to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Game. BHVR reserves all rights in BHVR owned and licensed Game and BHVR Services that are not expressly granted to you in this EULA or BHVR Terms. You acknowledge that BHVR and/or third-party content providers remain the owners of all materials posted in the Game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.

Making unauthorized copies of the Game may result in the termination of this EULA, prohibition on use of BHVR Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property.

V. Virtual Goods

The Game may, from time to time, feature virtual goods. Virtual goods include but are not limited to virtual items (characters, accessories, items such as “character customization”, power-ups), points, credits, tokens and currency (including auric cells) (collectively, “Virtual Goods”) for use in the Game.

You may acquire a license to access Virtual Goods within the Game through gameplay, promotional activities, or other methods made available by us. We may also grant access to Virtual Goods in exchange for real-world payment or virtual currency. Certain Virtual Goods in the Game may be unavailable if not so acquired.

Virtual Goods (such as virtual currency) acquired on other platforms such as Steam®, PlayStation®, Epic Games Store®, Nintendo®, or Xbox® will be subject to those platforms’ terms and conditions. Please review those platforms’ terms and conditions for further information before completing your order. BHVR does not control how you can pay or how refunds may be issued on those platforms. When you make a payment through a third-party platform, you are agreeing to the third party’s payment terms, and BHVR is not a party to the transaction.

Virtual Goods are licensed to you, not sold. You do not own the Virtual Goods, and you acknowledge and agree that all Virtual Goods represent a limited, personal, nonexclusive, non-transferable, non-assignable and fully revocable license to use the Virtual Goods, for your individual, non-commercial, entertainment purposes only. You have no right, title, interest, or ownership in or to any Virtual Goods. We may terminate your license at any time and at BHVR’s sole discretion.

BHVR has the absolute right to regulate, discontinue, update, modify or eliminate any Virtual Goods at any time in its sole discretion and BHVR shall have no liability to you or anyone else for these actions.

Virtual Goods have no monetary value, and in no event may you sell, transfer, trade, exchange, give, convert or redeem Virtual Goods for “real” money or other goods or services, including other Virtual Goods, inside or outside the Game except as expressly permitted by this EULA, the BHVR Terms or otherwise permitted in the gameplay.

All acquisitions of Virtual Goods, whether made with “real money” or virtual currencies, are non-refundable and non-returnable and are not redeemable for any sum of money or monetary value or virtual currency from BHVR at any time.

BHVR reserves the right to cancel the transactions related to any Virtual Goods from your Account when refund, payment reversals (chargeback), or instance of fraud has been detected and processed for a transaction associated with the Account. In such cases, upon notification of such event from the applicable platform provider, BHVR will cancel the transactions related to Virtual Goods.

If an adjustment results in a debit of virtual currency (e.g. Auric Cells) from your Account and there is insufficient virtual currency in the Account at the time the adjustment is made, the Account may be placed into a negative virtual currency balance until the outstanding amount has been recovered.

In the event that you have a negative balance of virtual currency in your Account, BHVR reserves the right to apply a sanction without notice or delay, including restriction or suspension of access to certain features of the Game, until you replenish this balance.

BHVR reserves the right to modify the price for Virtual Goods that may be acquired at any time and the retail price for Virtual Goods does not need to be linear, unless otherwise forbidden under applicable law.

Note that depending on the country in which you are located, the validity period of virtual currency acquired in exchange for real-life money (the “Virtual Currency”) may be limited to a certain period under applicable laws of certain jurisdiction. If you reside in Japan, you agree to use any Virtual Currency acquired within one hundred eighty (180) days after the date of the acquisition.

VI. EULA Violations and Complaint Process

Monitoring

BHVR monitors players through both automated and manual internal processes, to ensure that players are not violating the EULA and other applicable terms.

Violation of the EULA

In the case of a violation of the EULA, BHVR may apply a sanction to your Account or your hardware, such as a ban. A ban on your Account may also be applied to other accounts connected to the banned Account, including accounts which are linked or associated through family sharing, equipment, on different platforms, through cross-progression or otherwise.

Players found violating the EULA or other applicable terms may face the following sanctions:

• Permanent Ban: You will permanently lose access to your Account.
• Temporary Ban: You will temporarily lose access to the game. The length of such bans, at BHVR’s discretion, will depend on the severity and frequency of the conduct. Severe or frequent violating conduct may result in a permanent ban.
• Permanent Suspension: Certain in-game features will not permanently be accessible.
• Temporary Suspension: Certain in-game features will not temporarily be accessible.
• Loss of Support Privileges: You will permanently lose access to support services.

Appeals

If you believe that a sanction has been wrongly applied to your Account, you may submit one appeal per sanction.

To submit an appeal, submit a player support ticket by visiting https://support.bhvr.com, and describe the sanction and the reasons for which you believe it was wrongly applied.

If your ban was reviewed by an automated process, your appeal will be reviewed by a human.

We will inform you in writing of BHVR’s decision regarding your appeal through your player support ticket. The sanction may be lifted, modified, or maintained, depending on whether the reviewer determines that the sanction was appropriate or not.

You have thirty (30) days as of the date of the sanction to submit an appeal to BHVR, subject to applicable laws.

Third parties (such as platforms) may apply sanctions that impact your Account. Such sanctions are governed by third parties’ terms and conditions, including their separate ban appeal process.

BHVR player support cannot assist with orders rendered outside BHVR’s environment. In such case, please contact the platform support team directly.

VII. Access to the Game

THE GAME MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE GAME WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR DEVICE; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE GAME; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR DEVICE ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE GAME, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE GAME THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL BHVR BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR DEVICE BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE GAME.

THE AGE AT WHICH YOU ARE PERMITTED TO ACCESS THE GAME VARIES DEPENDING ON THE GAME’S AGE RESTRICTIONS AND THE DATA PROTECTION LAW APPLICABLE IN YOUR COUNTRY OF RESIDENCE. IN SOME JURISDICTIONS, MINORS MAY ACCESS CERTAIN GAMES IF THEIR PARENT OR GUARDIAN HAS PROVIDED THEIR CONSENT. CERTAIN RESTRICTIONS OF AGE MAY BE IMPOSED TO ACCESS ONLINE BHVR SERVICES AND FEATURES IN COMPLIANCE WITH APPLICABLE LOCAL LAWS.

VIII. Termination

This EULA is effective from the earlier of the date you acquire, download or use the Game, until terminated according to its terms. Both you and BHVR (or its licensors) may terminate this EULA at any time for any reason or for no reason. Termination by BHVR will be effective upon notice to you, termination or deletion of your Account (if any), or BHVR’s decision to permanently discontinue offering and/or supporting the Game, which it may do at any time in its sole discretion. You may terminate this EULA (and consequently, your Account (if any)) at any time by notifying BHVR at https://support.bhvr.com. Upon termination of this Agreement, your right to use the Game shall immediately cease you must immediately uninstall the Game and destroy all copies of the Game in your possession.

You will not receive any compensation or reimbursement for any Virtual Goods upon termination of this EULA for any reason, whether such termination was voluntary or involuntary, except as required by law or as expressly provided in the BHVR Terms. 

BHVR reserves the right to collect fees, surcharges or costs incurred before you terminate this EULA.

IX. Disclaimers & Indemnification

This Section shall survive termination of this EULA.

A. Limitations on Warranty & Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME OR ANY OTHER BHVR SERVICE, BHVR SOFTWARE, CONTENT, AND THE INTERNET IS AT YOUR SOLE RISK. THE GAME, BHVR SERVICES, BHVR SOFTWARE, CONTENT, BHVR’S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. BHVR PROVIDES THE GAME AND BHVR SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE BHVR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT BHVR WILL HAVE ADEQUATE CAPACITY FOR BHVR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA OR THAT THE BHVR SERVICES WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE BHVR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE WEBSITES, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITES, IS AT YOUR SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BHVR, ITS PARTNERS, OR ITS LICENSORS IS TO STOP USING THE GAME AND ANY BHVR SERVICE. YOU ACKNOWLEDGE AND AGREE THAT BHVR, AND ITS LICENSORS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY BHVR SERVICE OR USE OF BHVR SOFTWARE. IN NO CASE SHALL BHVR, ITS EMPLOYEES’, CONTRACTORS’, OFFICERS’ OR DIRECTORS’ (COLLECTIVELY, “BHVR PARTIES”) OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “LICENSORS AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO BHVR FOR BHVR SERVICES. IN NO CASE SHALL BHVR, BHVR PARTIES OR LICENSOR AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF BHVR SERVICES, BHVR SOFTWARE, CONTENT, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF BHVR SERVICES OR ACCOUNTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, BHVR AND BHVR LICENSORS’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

B. Indemnification

Upon BHVR’s request, you agree to defend, indemnify and hold harmless BHVR, BHVR Parties, Licensors Affiliates, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees that arise from a breach of this EULA, or any other BHVR Terms, for which you are responsible. Without limiting the generality of the foregoing, you agree to indemnify and hold BHVR harmless for any improper or illegal use of the Game.

You are solely responsible for any damage caused to BHVR, its licensors, providers and contractors, other users of the Game or any other individual or legal entity as a result of your violation of this EULA.

BHVR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to BHVR in that matter.

C. Updates: Possible Setbacks and Loss of Data

IMPORTANT: BHVR MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE GAME AND BHVR SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL, AND YOU MAY LOSE ACCESS TO ANY VIRTUAL GOODS YOU MAY HAVE “EARNED” OR “ACQUIRED”. BHVR RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.

D. Third-Party Features

As applicable, certain parts of the Game may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. As such, please review such additional terms and costs carefully.

X. Dispute Resolution

A. Equitable Remedies

You acknowledge and agree that BHVR may suffer irreparable harm for which monetary damage may not be an adequate remedy in the event of a breach or threatened breach of the EULA or any of the Overall Terms. Accordingly, BHVR may seek temporary or preliminary injunctive or other interim equitable relief from a court of competent jurisdiction where reasonably necessary to prevent or restrain such breach or threatened breach or to preserve the status quo pending resolution of a Dispute (as defined below), without bond, other security or proof of damages, to the extent permitted by applicable law. Such relief shall be in addition to any monetary or other relief that may be available at law. For clarity, seeking such relief will not constitute a waiver of any right to enforce the arbitration or forum-selection provisions of this Section X.

B. Informal Negotiations

Before initiating arbitration or court proceedings concerning any dispute, controversy or claim arising out of or otherwise relating to the EULA or any of the Overall Terms, your Account(s), the BHVR Services, or your use of or participation in the BHVR Services, including any dispute concerning the existence, legality, validity, binding effect, enforceability, interpretation, performance, breach or termination of the EULA or any other Overall Terms, whether arising in contract, tort, statute, regulation or otherwise and whether based on past, present or future events (a “Dispute”), you agree to first attempt in good faith to resolve the Dispute with BHVR informally for at least sixty (60) days from BHVR’s receipt of an individualized written notice of the Dispute (a “Notice of Dispute”). This Section does not apply to any Dispute asserted by BHVR against you.

To assert a Dispute, you must provide BHVR with a Notice of Dispute. Your Notice of Dispute must include:

1. your full name and contact information;
2. the email address and, if applicable, username or other identifier associated with your Account;
3. a reasonably detailed description of the nature and factual basis of the Dispute;
4. the specific relief you seek, including the amount of any monetary relief claimed and, where practicable, how that amount was calculated; and
5. the name and contact information of your counsel or representative, if any.

You must submit your Notice of Dispute (which shall include your Game playerID and the email used for your Game) through https://support.bhvr.com. If you are unable to do so, you may mail the Notice of Dispute to Behaviour Interactive Inc., 500-6666 Saint-Urbain, Montréal, Québec H2S 3H1, Canada, Attention: Customer Support.

Except where urgent interim relief is reasonably required or applicable law provides otherwise, compliance with this Section X(B) is a condition precedent to commencing arbitration or court proceedings concerning the Dispute under this Section X.

C. Canadian Residents — Arbitration Where Permitted by Applicable Law

THIS SECTION X(C) APPLIES IF YOU RESIDE IN CANADA. PLEASE READ IT CAREFULLY. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOU AND BHVR AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND YOU AND BHVR WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION.

If applicable law permits BHVR and you to enter into a binding agreement before a Dispute arises requiring that Dispute to be resolved through arbitration, then, following completion of the process described in Section X(B), the Dispute will be finally resolved by binding individual arbitration in the province or territory in which you reside.

The arbitration will:

1. be seated in the province or territory in which you reside;
2. be governed procedurally by the arbitration legislation applicable in that province or territory;
3. be conducted before one independent and impartial arbitrator agreed upon by you and BHVR or, if the parties cannot agree within 15 days, appointed in accordance with the applicable arbitration legislation;
4. ordinarily be conducted by written submissions, telephone or videoconference unless the arbitrator determines that an in-person hearing is reasonably necessary; and
5. proceed on an individual basis and not as a class, collective or representative arbitration, to the fullest extent permitted by applicable law.

BHVR will pay the arbitrator's reasonable fees and expenses and any administrative or appointment fees associated with the arbitration, except to the extent applicable law permits a different allocation and the arbitrator determines that a claim was frivolous, abusive or brought in bad faith. Each party will otherwise bear its own legal fees and expenses (including all counsel fees), subject to any right to recover such amounts under applicable law.

If you reside in a province or territory in which applicable consumer-protection law prohibits BHVR from requiring you to arbitrate a Dispute, or preserves your right to commence a court or class proceeding notwithstanding a pre-dispute arbitration agreement, nothing in this Section X(C) requires you to waive that right. In such circumstances, the Dispute may be brought before any court having jurisdiction under applicable law.

D. United States Residents — Binding Individual Arbitration

THIS SECTION X(D) APPLIES IF YOU RESIDE IN THE UNITED STATES. PLEASE READ IT CAREFULLY. EXCEPT FOR THE LIMITED EXCEPTIONS DESCRIBED BELOW, YOU AND BHVR AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND YOU AND BHVR WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION.

1. Agreement to Arbitrate

If you and BHVR do not resolve a Dispute through the process described in Section X(B), the Dispute will be finally and exclusively resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, in each case as in effect when the arbitration is commenced (collectively, the “AAA Rules”).

The arbitration will be conducted before one neutral arbitrator in accordance with the AAA Rules. The arbitrator may award on an individual basis any relief that would be available in a court of competent jurisdiction, subject to these Terms and applicable law.

This agreement to arbitrate, including its interpretation, applicability and enforcement, is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16 (“FAA”).

2. Individual Proceedings and Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BHVR AGREE THAT EACH PARTY MAY BRING A DISPUTE AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR PROCEEDING.

No arbitrator may conduct a class or representative arbitration or award relief to anyone other than the individual parties to the arbitration, except to the extent required by applicable law.

Any mass or coordinated arbitration filings will be administered in accordance with the applicable AAA Rules, including any procedures available under those Rules for coordinated administration, appointment of a process arbitrator, batching, mediation or other efficient resolution of such claims.

3. Exceptions

Notwithstanding the foregoing:

• a. either party may bring an individual claim within the jurisdiction of a small claims court, provided that the claim remains individual and within that court’s jurisdiction;
• b. either party may seek temporary or preliminary injunctive or other interim equitable relief from a court of competent jurisdiction as contemplated by Section X(A);
• c. either party may bring a claim concerning the ownership, validity, infringement, misappropriation or enforcement of intellectual property rights in a court of competent jurisdiction; and
• d. any claim or remedy that applicable law does not permit to be arbitrated will not be required to be arbitrated, but all arbitrable claims will remain subject to this Section X(D) to the fullest extent permitted by applicable law.

4. Opt-Out

If you are accepting an agreement to arbitrate with BHVR for the first time, you may opt out of this Section X(D) by sending written notice to https://support.bhvr.com within 30 days after first accepting these Terms of Use. Your notice must include your full name, the email address or other identifier associated with your Account, and a clear statement that you wish to opt out of binding arbitration.

If you validly opt out, neither you nor BHVR will be required to arbitrate under this Section X(D), but all other provisions of these Terms of Use will remain in effect.

5. Non-Arbitrable Disputes

For any Dispute involving a United States resident that is not subject to arbitration under this Section X(D), you and BHVR agree, to the fullest extent permitted by applicable law, to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and consent to personal jurisdiction and venue in those courts.

E. Residents of Countries Other than Canada and the United States

If you and BHVR are unable to resolve a Dispute through the process described in Section X(B), you and BHVR agree, except to the extent otherwise required by applicable law, that the Dispute will be submitted exclusively to the courts of the Province of Québec sitting in the judicial district of Montréal, Québec, Canada, and you and BHVR submit to the personal jurisdiction and venue of those courts.

Nothing in these Terms of Use is intended to deprive you of any mandatory right under applicable consumer-protection or other law to commence proceedings before the courts or tribunals of your country or place of residence. If applicable law gives you such a right notwithstanding this Section X(E), you may exercise that right.

XI. General Terms

A. Remedies

You agree that this EULA is not intended to confer and do not confer any rights or remedies upon any person other than the parties to this EULA. You also understand and agree that the Terms of Use, the Privacy Policy, this EULA and any other BHVR Terms, including BHVR‘s enforcement thereof, are not intended to confer, and do not confer, any rights or remedies upon any person.

B. Severability

If any part of this EULA or the BHVR Terms is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of BHVR, and the remaining portions shall remain in full force and effect.

C. Assignment

BHVR may assign this EULA, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this EULA without BHVR’s prior written consent, and any unauthorized assignment by you shall be null and void.

D. Waiver

The failure of BHVR (or its licensors) to exercise or enforce any right or provision of this EULA or any BHVR Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by BHVR (or its licensors) of any provision, condition or requirement of this EULA or any BHVR Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

E. Force Majeure

BHVR shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of BHVR, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond BHVR’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

F. Governing Law

The law governing these Terms of Use, the other Overall Terms, your Account(s), and any Dispute will depend on your place of residence, as set out below. Nothing in these Terms is intended to deprive you of any mandatory rights or protections available to you under the laws of your jurisdiction of residence, including any mandatory right to have a Dispute determined by a court or tribunal in your place of residence or to receive the benefit of mandatory consumer-protection laws that apply notwithstanding a contractual choice of law.

For the avoidance of doubt, the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use, any other Overall Terms, or any Dispute.

1. United States Residents

If you reside in the United States, these Terms of Use, the other Overall Terms, your Account(s), and any Dispute will be governed by the laws of the State of New York and applicable federal law of the United States, without regard to New York’s conflict-of-laws principles, except that the arbitration agreement in Section X(D), including its interpretation and enforcement, is governed by the Federal Arbitration Act. Nothing in this paragraph deprives you of the benefit of any mandatory consumer protection that cannot lawfully be waived by agreement.

2. Canadian Residents

If you reside in Canada, these Terms of Use, the other Overall Terms, your Account(s), and any Dispute will be governed by the laws of the province in which you reside and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. If a Dispute is arbitrated under Section X(C), the arbitration procedure will also be subject to the mandatory arbitration law of the province or territory in which the arbitration is seated.

3. Residents of Countries Other than Canada and the United States

If you reside outside Canada and the United States, these Terms of Use, the other Overall Terms, your Account(s), and any Dispute will be governed by the laws of the Province of Québec and the federal laws of Canada applicable in Québec, without regard to Québec's conflict-of-laws principles.

G. Entire Agreement

This EULA, the Privacy Policy, and any other BHVR Terms, including any posted rules or instructions regarding a particular activity, poll, or contest constitute the entire agreement between you and BHVR relating to your rights and obligations in the use of the Game and the BHVR Services. If there is any conflict between this EULA, the Privacy Policy, and any other BHVR Terms, BHVR shall resolve the conflict in its sole discretion.

For any questions concerning this EULA, you may contact BHVR at the following address: https://support.bhvr.com.

Date of Last Revision: 2026-10-29