Chroma Arcade End-User Terms of Service
These end-user terms of service ("Terms") constitute a binding and enforceable agreement between Savai Shores Inc ("Chroma Arcade") and you ("User", "You") each time you use the Chroma Arcade Services. User and Chroma Arcade shall collectively be referred to as the "parties" and each as a "party".
By accepting these Terms electronically or by using the Services, you agree to comply with these Terms, so please be sure to read these Terms carefully each time you use the Services. If you do not agree to these Terms, you cannot use any of the Services.
ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND Chroma Arcade AGREE THAT DISPUTES BETWEEN YOU AND Chroma Arcade WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND Chroma Arcade WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT AS DETAILED IN THE ARBITRATION SECTION BELOW.
1. Contact Us
For any inquiry you have regarding these Terms, the Services, your Data, and the way Chroma Arcade handles it, or otherwise, please contact Chroma Arcade at: help@chromaarcade.com.
2. The Services
2.1. Chroma Arcade provides a subscription-based gaming platform that grants you access to a library of premium games ("Services" or "Chroma Arcade Services"). By subscribing, you gain access to play games available in our library during your active subscription period.
2.2. Chroma Arcade will process your subscription payments and provide you with access to the game library. Your subscription will automatically renew at the end of each billing cycle (for monthly subscriptions) unless you cancel before the renewal date.
2.3. Chroma Arcade reserves the right to add, remove, or modify games in the library at any time without prior notice. Chroma Arcade does not guarantee that all games will be available at all times or that games will be available indefinitely.
2.4. Games available through Chroma Arcade are provided by third-party developers and publishers. Chroma Arcade is not responsible for the content, quality, or functionality of individual games. Any issues with specific games should be directed to the respective game developer or publisher.
2.5. Your subscription payment will appear on your billing statement as "Chroma Arcade" or our payment processor's name.
3. Account Registration and Requirements
3.1. To use the Services, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.2. By using the Services, you represent and warrant that:
- You are at least 18 years of age (or the age of majority in your jurisdiction)
- You have the legal capacity to enter into this agreement
- All information you provide is accurate and truthful
- You will not use the Services for any fraudulent, unlawful, or abusive purpose
3.3. You agree to notify Chroma Arcade immediately of any unauthorized use of your account or any other breach of security.
4. Restrictions of Use
4.1. You hereby agree to comply with all applicable laws, rules, and regulations, including those regarding data privacy, intellectual property rights, and export control. You may not, directly or indirectly:
- (i) access or attempt to access the Services by any means other than the interface provided or authorized by Chroma Arcade;
- (ii) circumvent any access or use restrictions put into place to prevent certain uses of the Services;
- (iii) share your account credentials with others or allow others to use your account;
- (iv) attempt to hack, reverse engineer, decompile, or disassemble any part of the Services;
- (v) use the Services to store, share, or transmit content that is unlawful, infringing, harmful, or violates any person's rights, including privacy rights and intellectual property rights;
- (vi) attempt to disable, impair, or destroy the Services;
- (vii) use automated systems, bots, or scripts to access the Services without authorization;
- (viii) copy, modify, or distribute any content from the Services without authorization; or
- (ix) use the Services to build a competitive product or service.
5. Subscription and Payments
5.1. By subscribing to Chroma Arcade, you authorize us to charge your payment method for the subscription fee at the beginning of each billing cycle. Subscription fees are charged in advance.
5.2. You are responsible for providing a valid payment method and keeping your payment information up to date. If payment fails, Chroma Arcade may suspend or terminate your subscription and access to the Services.
5.3. All subscription fees are quoted in the currency displayed at the time of purchase and are exclusive of applicable taxes, which will be added to your total.
5.4. Chroma Arcade reserves the right to change subscription prices with 30 days' notice. Price changes will apply to your next billing cycle.
5.5. You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellation will take effect at the end of your current billing period.
5.6. Refunds are handled in accordance with Chroma Arcade's Refund Policy. Generally, refunds may be available for unused portions of subscriptions canceled within a specified period or in cases of technical issues preventing access to the Service.
5.7. The issuer of your payment method may charge interest or other charges in accordance with the issuer's terms and conditions, and Chroma Arcade will not be liable for these additional charges.
6. Your Data
6.1. You hereby acknowledge that Chroma Arcade may collect, use, store, and transmit certain data, including Personal Data that identifies you, including but not limited to your name, email address, Internet Protocol Address, subscription information, game play data, contact information, and billing information, all as detailed in the Chroma Arcade Privacy Policy ("Data").
6.2. Your Data, including any intellectual property rights thereto, shall remain your sole and exclusive property and shall be subject to the confidentiality obligations set forth herein. You grant Chroma Arcade a limited, worldwide license to use, process, and retain the Data as detailed in the Privacy Policy.
6.3. Chroma Arcade processes your personal data in accordance with our Privacy Policy and applicable data protection laws, including GDPR, CCPA, and other relevant regulations.
7. Intellectual Property Rights
7.1. Chroma Arcade owns all rights, title, and interest (including intellectual property rights) in and to the Services, its website, platform, and technology. If you choose to give Chroma Arcade feedback or suggestions about any part of the Services, website, or technology, Chroma Arcade may use them without any limitations or obligations to you.
7.2. Games available through the Service are subject to their own intellectual property rights, which are owned by their respective developers or publishers. Your use of games is subject to the terms and conditions of those games' developers or publishers.
7.3. You are granted a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes during your active subscription period.
8. Warranties; Disclaimers; Limitation of Liability
8.1. EXCEPT AS PROVIDED IN THESE TERMS, Chroma Arcade PROVIDES THE SERVICES "AS IS" AND "AS AVAILABLE", WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND Chroma Arcade EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES - STATUTORY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. Chroma Arcade FURTHER DISCLAIMS ANY WARRANTY THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL GAMES WILL BE AVAILABLE AT ALL TIMES.
8.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Chroma Arcade BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA (INCLUDING GAME PROGRESS OR SAVE DATA), COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT Chroma Arcade HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Chroma Arcade'S MAXIMUM AGGREGATE LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU TO Chroma Arcade DURING THE 12 MONTHS PRECEDING THE DATE THE LIABILITY FIRST ARISES.
8.4. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Chroma Arcade OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICES, INCLUDING THE UNAVAILABILITY OF THE SERVICES FOR ANY REASON, OR ANY SYSTEM FAILURE OR MALFUNCTION ASSOCIATED WITH THE SERVICES, AND INCLUDING ANY THIRD-PARTY CLAIMS, WHETHER BASED ON THEORIES OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
9. Termination
9.1. You may terminate your use of the Services at any time by canceling your subscription and ceasing to use the Services.
9.2. Chroma Arcade may terminate or suspend your access to the Services immediately if:
- You breach any material provision of these Terms
- You engage in fraudulent, illegal, or abusive activity
- Payment fails and is not resolved
- Chroma Arcade is required to do so by law
- Chroma Arcade decides to discontinue the Services
9.3. Upon termination, your right to access the Services will immediately cease, and you will not be entitled to any refund except as required by law or as specified in our Refund Policy.
9.4. Sections that by their nature should survive termination (including but not limited to payment obligations, intellectual property rights, limitations of liability, and dispute resolution) shall survive termination.
10. Dispute Resolution and Arbitration
10.1. For users in the United States: Any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by binding arbitration in Wilmington, Delaware, before one arbitrator, to be mutually agreed upon. Any arbitration under this provision must be on an individual basis, and class actions are not permitted.
10.2. The arbitration shall be administered by Judicial Arbitration and Mediation Services pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered by any court having jurisdiction.
10.3. You have the right to opt out of this arbitration clause by sending written notice to Chroma Arcade within 30 days of first accepting these Terms.
10.4. Each party will bear the expense of its own counsel, experts, witnesses, administrative fees, and expenses in any arbitration proceeding.
11. General Provisions
11.1. These Terms constitute the entire agreement between you and Chroma Arcade and supersede any previous agreements or representations. Chroma Arcade reserves the right to revise these Terms at any time; material changes will be communicated to you via email or through the Service.
11.2. If any part of these Terms is declared invalid or unenforceable, such part shall be deemed modified to the extent necessary to make it valid, or if it cannot be so modified, eliminated, without affecting the validity of the remaining portions.
11.3. Chroma Arcade's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
11.4. These Terms shall be governed by the laws of the State of Delaware, notwithstanding any conflict of law rules.
11.5. You may not transfer or assign your rights or obligations under these Terms. Chroma Arcade may assign these Terms without your consent.
11.6. Chroma Arcade and you are independent parties, and nothing herein creates a partnership, joint venture, or agency relationship.