Terms & Conditions
Applicable from April 18th, 2025
1. Introduction and Structure
1.1. Introduction
These Terms and Conditions (“Main Agreement”) set out the rules and guidelines for your access to and use of the Services. This Main Agreement includes by reference two supplementary agreements: (1) the “Product Terms of Service” (“Product Terms”) and (2) the “Security Review Terms of Service” (“Security Terms”). Collectively, these three documents represent the complete and binding agreement between you and the Service Provider.
1.2. Agreement Structure
The terms governing your use of the Services are organized as follows:
- This Main Agreement applies to all activities involving the Services.
- The Product Terms apply to your use as an end user.
- The Security Terms apply to any security testing, evaluation, or review of the Services.
1.3. Hierarchy of Agreements
If any inconsistency arises between the documents, the order of precedence will be:
1. This Main Agreement
2. The Product Terms or Security Terms, depending on the activity in question
1.4. Acceptance of Terms
By accessing or using any part of the Services, you confirm that you have read, understood, and agreed to be bound by this Main Agreement and the related sub-agreements in full. Acceptance occurs when you: (i) click an “I Agree” or similar confirmation button; (ii) tick a box confirming acceptance; or (iii) use the Services after being presented with these terms.
2. Definitions
2.1. General Definitions
For purposes of this Main Agreement and the incorporated sub-agreements, the following definitions apply:
- “Services” means all tools, features, software, platforms, and applications made available by the Service Provider.
- “Software” refers to any downloadable or web-based code, application, or component that forms part of the Services.
- “Privacy Policy” refers to the document describing the collection and use of personal data.
- “Main Agreement” refers to this Terms and Conditions document.
- “Product Terms” refers to the supplementary agreement governing end-user access and use.
- “Security Terms” refers to the supplementary agreement governing security assessments or reviews
2.2. Activity-Specific Definitions
Additional definitions that relate specifically to product usage are provided in the Product Terms, and those specific to security evaluations are provided in the Security Terms.
3. Eligibility and Authority
3.1. Eligibility
You may only use the Services if:
- You are at least 18 years old or the age of legal majority in your jurisdiction.
- You are legally able to enter into a binding contract.
- You are not prohibited from accessing the Services by applicable laws.
3.2. Organizational Users
If you are accessing the Services on behalf of a business or other entity, you confirm that you have the legal authority to bind that entity to these terms. In such cases, “you” refers both to you personally and the entity you represent.
3.3. Automated Actions
You agree that actions taken by automated systems, bots, or electronic agents that you have programmed, authorized, or deployed—such as clicking an acceptance button—will be considered actions taken directly by you, and you bear full responsibility for them.
4. Relationship Between Agreements
4.1. Incorporation by Reference
The Product Terms and Security Terms are hereby included within this Main Agreement by reference. When an activity falls under one of these sub-agreements, those terms apply in addition to this Main Agreement.
4.2. Comprehensive Applicability
By using the Services in any form, you agree to be bound by this Main Agreement and all incorporated sub-agreements in their entirety. You cannot accept only certain provisions while rejecting others.
4.3. Severable Agreements
Each agreement (Main Agreement, Product Terms, Security Terms) is legally separate. If one is found invalid, the others remain enforceable.
5. Privacy and Data Protection
5.1. Privacy Policy
The Privacy Policy explains how personal data is collected, used, and safeguarded. By using the Services, you consent to those practices.
5.2. Data Protection Compliance
Personal information is processed in line with applicable data protection laws, including any relevant regional or international privacy regulations.
5.3. Communications
Electronic communications such as emails or in-app messages are sent in accordance with applicable laws on digital communication and marketing.
6. Term and Termination
6.1. Term
This Agreement starts on the date you first accept these terms and continues until ended as described here.
6.2. Termination by You
You may stop using the Services at any time, including by closing your account.
6.3. Termination by Us
Access to the Services may be suspended or terminated if:
- You violate any term of this Agreement or related policies.
- Required by law or court order.
- Necessary to protect the security or integrity of the Services.
6.4. Notice of Termination
Where possible, notice will be given before suspension or termination, except in urgent situations requiring immediate action.
6.5. Data Retrieval
Following termination, you may be given a reasonable period to download or request your data, unless restricted by law or security concerns.
6.6. Survival
Sections of this Agreement that, by their nature, should remain in effect after termination will continue to apply.
7. Modifications to the Agreements.
7.1. Updates to Terms
The Agreement may be updated periodically. The latest version will be made available on the official platform.
7.2. Mandatory Acceptance of Updates
By continuing to use the Services after changes are published, you accept the revised terms in full.
7.3. Material Changes
When significant changes are made, advance notice will be provided where practical.
8. Intellectual Property Rights
8.1. Ownership
All content, software, and technology forming part of the Services remain the exclusive property of their respective owners and are protected under applicable laws.
8.2. Restrictions on Use
You may not copy, modify, reverse-engineer, sell, distribute, or otherwise exploit the Services or Software except where expressly permitted by law or by written consent.
8.3. Reservation of Rights
All rights not expressly granted in this Agreement are reserved.
9. Limitation of Liability
9.1. Disclaimers and Warranty Limitations
The Services are provided “as is” and “as available” without warranties of any kind, unless otherwise required by law.
9.2. Third-Party Content and External Services
The Service Provider is not responsible for the content, availability, or practices of external websites or resources.
9.3. Liability Limitations
To the maximum extent permitted by law, liability for damages is limited to the lesser of the amount you paid in the last three months or a set monetary cap.
9.4. Force Majeure
No liability will arise from events outside reasonable control, such as natural disasters, network failures, or government actions.
9.5. Indemnification
You agree to defend and indemnify the Service Provider from claims arising from your misuse of the Services or breach of these terms.
10. General Legal Terms
10.1. Assignment
You may not transfer your rights or obligations under this Agreement without prior written consent.
10.2. Entire Agreement
This Agreement and related documents form the full and final agreement between the parties.
10.3. Force Majeure
The Service Provider is not responsible for failures caused by circumstances beyond reasonable control.
10.4. No Waiver
Failure to enforce a provision does not constitute a waiver of rights.
10.5. Severability
If any part of this Agreement is invalid, the rest remains enforceable.
10.6. Relationship of Parties
Nothing herein creates a partnership, agency, or employment relationship.
10.7. Notices
Notices may be delivered electronically, by mail, or via the Services.
11.Jurisdiction and Dispute Resolution
11.1. Governing Law and Jurisdiction
This Agreement is governed by the laws of the relevant jurisdiction, without regard to conflict-of-law rules.
11.2. Enforcement of Intellectual Property Rights
The right to enforce intellectual property protections may be exercised in any competent court.
11.3. Severability
If any portion of this section is found unenforceable, the rest shall remain in effect.
11.4. No Waiver
Failure to enforce any provision shall not constitute a waiver.
12. Contact Information
12.1. How to Contact Us
If you have any questions, concerns, or feedback regarding this
Master Agreement or any sub-agreement, please contact us at:
PCGamesN2 LLC
1209 North Orange Street
Wilmington, DE 19801
USA
Phone: +1 (302) 658-7581