End User Licence Agreement

PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY.

Last Updated: May 2026

1. INTRODUCTION

This End User License Agreement (“EULA”) governs your use of the videogame “Star Wars: Galactic Racer”, its application, software, their associated upgrades, patches, and updates and related services (the “Game”) developed by FUSE GAMES LIMITED, a company registered in England and Wales with company number 14192329, and published by SECRET MODE LIMITED, a company registered in England and Wales with company number 12912552. Our registered office address is Ground And 2nd Floor Imperial House, Holly Walk, Leamington Spa, England, CV32 4JG, or any one of our subsidiaries or affiliated companies (collectively referred to as “our”, “we” or “us”).

This EULA sets out the basis on which we make our Game available to you (“User” or ”You”) and on which You may use it. Our Game Privacy Policy, which can be found on  our website, forms an integral part of this EULA. By installing or using our Game, You agree to have read, understood, accept and to be bound by (1) this EULA and (2) the Game Privacy Policy at all times. If You do not agree with one of these, please do not install or use our Game. In particular, if You are a US resident, You agree to the arbitration agreement and class action waiver described in Section 17 below. If You do not agree to these terms, do not purchase, download or use our Game. IF YOU ARE NOT AN ADULT (18+ IN MOST JURISDICTIONS), ASK YOUR PARENT OR GUARDIAN TO READ THIS WITH YOU.

By continuing to use our Game You (and Your parent/guardian if You are a minor) hereby agree to be bound to this EULA. If You are a minor, references to “User” or “You” shall also include Your parent/guardian. For any parent/guardian reading this on Your behalf: you accept this EULA on behalf of the minor in your care for access to the Game. You agree that you will be responsible for all use of the Game by You or the minor.

We reserve the right to change, modify, add or delete sections in this EULA at any time, in accordance with the procedures described below in Section 15.

2. GRANT OF LICENCE.

We (or our licensors) grant You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use our Game (in whole or in part) (the “Licence”), for such time until either You or we terminate this EULA. You must in no event use, nor allow others to use, our Game or this Licence for commercial purposes. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use our Game on certain hardware. THIS GAME IS LICENSED TO YOU, NOT SOLD.

As applicable, certain parts of our 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. Please review such additional terms and any costs carefully.

3. OWNERSHIP.

All title, ownership rights and intellectual property rights in and to our 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 our Game, individually or in combination) and any and all copies thereof are owned by us or our licensors. Our Game is protected by national and international laws, copyright treaties and conventions and other laws. This Game may contain certain licensed materials and, in that event, our licensors may protect their rights in the event of any violation of this Agreement. Subject to Section 4, any reproduction or representation of these licensed materials in any way and for any reason is prohibited without our prior permission and, if applicable, our licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by us.

This Licence confers no title or ownership in our Game and should not be construed as a sale of any rights in our Game.

4. ACCESS AND RESTRICTIONS TO OUR GAME

You are able to create the following content relating to our Game under the terms of this EULA in the following ways:

  1. Share screenshots, streams and/or videos of Your gameplay of our Game;

  2. To create pre-recorded or live streamed gameplay videos of You playing our Game which You share via sites like Twitch or YouTube, or that You may monetise for example by receiving revenues from Twitch or YouTube;

  3. Include ads in pre-recorded or live streamed gameplay videos of our Game which You share via sites like Twitch or YouTube (as long as it doesn’t seem like an endorsement by us or our licensors); and

  4. While using our Game, You agree to comply with all applicable laws, rules and regulations. In all cases, You may only use our Game according to anticipated use of our Game.

For illustrative purposes, and without limiting our rights to take action against You, You may not:

  1. sell, rent out, lease, license, distribute, market, exploit our Game or any of its parts commercially;

  2. reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Game (except if our Game enables You through a specific feature to create, generate or submit UGC and for which You may need to additionally comply with a Game’s specific Terms of Use), in whole or in part;

  3. create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Game (whether in an online multiplayer game or in a single player game over the internet or in local area network);

  4. remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Game;

  5. export or re-export this Game or any copy of adaptation in violation of any applicable laws or regulations;

  6. create, use, share and/or publish by any means in relation to our Game any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);

  7. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of our Game, or their accessibility to other users, or the functioning of the partner networks of our Game, or attempt to do any of the above;

  8. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to our Game, and/or organise, participate in or be involved in any way in an attack on our servers and/or our Game and/or those of its service providers and partners;

  9. create, supply or use alternative methods of using our Game, for example server emulators;

  10. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;

  11. transmitting or communicating any material or content which, in our sole and exclusive discretion, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;

  12. harassing or threatening any other users in our Game;

  13. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of our personnel;

  14. falsely claim to be an employee or representative of ours or our partners (including our licensors) and/or agents; and/or

  15. falsely claim an endorsement in connection with our Game or with us or our licensors.

5. ONLINE FEATURES

The Game may include online features, including but not limited to multiplayer gameplay, and other online or network-based services (“Online Features”). Use of the Online Features requires an internet connection and may require the creation of an account and acceptance of additional terms or policies.

You acknowledge and agree that:

  1. Availability: Online Features are provided “as is” and may be modified, limited, suspended, or discontinued at any time, with or without notice, at our sole discretion. We do not guarantee that Online Features will be available at all times or free from interruptions or errors.

  2. User Conduct and Communications: When using Online Features, You agree to comply with all applicable laws, Section 4 of this EULA and, if applicable, our rules of conduct.

  3. User Responsibility: You are solely responsible for your interactions with other users while using the Online Features. We are not responsible for the conduct of other users (including behaviour, usernames or otherwise) and disclaim all liability arising from online interactions to the maximum extent permitted by law.

  4. Termination of Access: We may suspend or terminate your access to Online Features if You violate this EULA or engage in conduct that we reasonably determine to be harmful to our Game, its community, or other users.

6. CONTENT AND UGC

Our Game may include materials, information, technology, software and other content available through our Game, including trademarks, logos, visual interfaces, images, illustrations, designs, compilations, articles, advertisements, software, computer code, services, text, pictures, photos, audio clips and video clips, and the selection and arrangement thereof (referred to as “Content”). All Content is and will remain our or our licensor’s exclusive property and is protected by copyright, trademark, trade secret, intellectual property and other laws. You are not permitted to create and/or upload any user-generated Content (“UGC”) for our Game.

7. SYSTEM REQUIREMENTS

Our Game has a minimum system requirements that Your device, system, and/or platform must meet to run it. These requirements are available, for example, on the product pages of our Game on the relevant digital distribution platforms or on the sleeve insert of the box versions of our Game. It is Your responsibility to ensure Your system meets these requirements, especially before You purchase our Game, as it may not work properly or even at all. We are not responsible for ensuring that Your system meets the minimum specifications to play our Game. Due to certain circumstances such as technological advancements, we may have to change the minimum system requirements from time to time. In such a case we'll use reasonable efforts to notify You at least thirty (30) days in advance by sending an email, via push notification or pop-up notification.

8. VIRTUAL FEATURES

Our Game may include  rights that we (or our licensors) license to You to access or use certain features that we may make available on our Game (referred to as “Virtual Features”). Examples of Virtual Features may include access to digital or unlockable Content, additional or enhanced functionality (including multiplayer services), virtual assets, in-game achievements, and virtual points.

When You sign up or pay for Virtual Features, we (or our licensors) grant You a personal, limited, non-transferable, revocable and non-exclusive license to access the selected Virtual Features. Virtual Features have no monetary value and no value outside of our Game. You cannot sell, trade or transfer Virtual Features, or exchange them for cash. Any payment You make for access to a Virtual Feature is non-refundable unless otherwise stated.

9. UPDATES, ONLINE SERVER SUPPORT AND INTERRUPTIONS

We may, by automatic update or otherwise, change, modify or update the Game, the Content or the Virtual Features at our sole discretion. For example, we may need to update or reset certain parameters to balance game play and usage of our Game. These updates or resets may cause You setbacks within the relevant game world and may affect Your gameplay and Virtual Features under Your control. If our Game uses online servers, we make no commitment to continue to make those servers available, and may terminate online features at any time. You agree that our Game may install or download the modifications automatically. You agree that we may stop to support previous versions of our Game upon availability of an updated version.

We reserve the right to interrupt our Game from time to time on a regularly scheduled basis or otherwise with or without prior notice to perform maintenance on our Game. You acknowledge that we may interrupt, suspend or terminate our Game for unforeseen circumstances or causes beyond our control, and we cannot guarantee that You will be able to access our Game whenever You may wish to do so. We are not liable to You for any consequences resulting from changes, modifications, updates or interruptions to our Game, or the discontinuation of our Game.

10. INTERNET CONNECTION

Some features of our Game may require an internet connection, which You must provide at Your expense. You are responsible for all costs and fees charged by Your internet service provider related to the download and use of our Game.

11. FRAUD AND PIRACY PREVENTION

To provide users with a positive, fair, and competitive experience on our Game, we may use certain software, tools, and technologies (“Fraud and Tampering Detection”) to detect and prevent programs, methods, or other processes that (i) are used for hacking, account stealing, or other unauthorised or fraudulent activity on our Game (“Fraud”) or (ii) otherwise attempt to pirate or tamper with our Game (“Tampering”). You will not:

  1. engage in or encourage others to engage in Tampering;

  2. engage in or encourage others to engage in Fraud;

  3. reverse engineer, decompile, hack or otherwise maliciously interact with the software used for our Game for the purposes of engaging in or encouraging others to engage in Fraud or Tampering;

  4. develop, market, offer, sell, distribute, support or otherwise make available any portion of the Game via Tampering or any other means; or

  5. attempt to tamper with, modify, disable, disrupt, or circumvent any software, tools or technologies used to detect and prevent Fraud or Tampering.

Fraud and Tampering Detection software may also be installed during Your installation of our software. If You do not agree to install the Fraud and Tampering Detection software or at any time remove or disable the Fraud and Tampering Detection software, the license to our Game granted to You automatically terminates and You may not use our Game. Our Game or the Fraud and Tampering Detection software may collect and transmit details about Your account, gameplay, and potentially unauthorised programs or processes in connection with Fraud and Tampering Detection. If Fraud or Tampering is identified, You agree that we (and our licensors) may exercise any or all of our rights under this EULA.

12. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF OUR GAME IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR GAME IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. WE AND OUR LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. WE DO NOT WARRANT THAT OUR GAME WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR GAME IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING OUR GAME TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM OUR GAME. IF THE PRODUCT IS PURCHASED AS PHYSICAL MEDIA (E.G., BLU-RAY DISC), THE ORIGINAL PURCHASER OF THE PHYSICAL MEDIA MAY BE ENTITLED TO CERTAIN RIGHTS UNDER APPLICABLE LAW WITHIN A CERTAIN TIMEFRAME FOR ANY DEFECTS IN MATERIAL AND WORKMANSHIP, AND WE WILL COMPLY WITH THOSE RIGHTS WHERE APPLICABLE.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE, OUR LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF OUR GAME OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.

NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH US OR OUR LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE OUR GAME; AND, IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. IN NO EVENT WILL OUR, OUR AFFILIATES, LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO US FOR OUR GAME DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

NOTHING IN THIS SECTION 12 SHALL AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

FOR PURPOSES OF THIS SECTION 12, OUR LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.

13. INDEMNITY.

You are solely responsible for any damage caused to us, our licensors, distribution partners and associated service providers and subcontractors, other users of our Game or any other individual or legal entity as a result of Your violation of this EULA.

YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED US AND OUR AFFILIATES, OUR LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF OUR GAME. We reserves the right to take sole responsibility, at our own expense, for conducting the defence of any claim for which You agreed to indemnify Us. The provisions of this Section 13 shall remain in force after termination of this EULA.

14. TERMINATION.

The EULA is effective from the earlier of the date You purchase, download or use our Game, until terminated according to its terms. Both You and us (or our licensors) may terminate this EULA, at any time, for any reason. Termination by us (or our licensors) will be effective upon (a) notice to You or (b) at the time of our decision to discontinue offering and/or supporting our Game. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall our Game and destroy all copies of our Game in Your possession.

15. CHANGES TO THIS EULA

We reserve the right, in our sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on our Game or on our website. You are responsible for checking this EULA periodically for changes. 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 Section 14 and must immediately uninstall our Game and destroy all copies of our Game. Your continued use of our Game following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.

16. AGE RESTRICTIONS

We do not target nor intend for our Game to be used by users under 13 years of age. At a minimum, to use our Game, You must be of an age which meets the minimum age certification requirement of our Game in the territory You are in (where applicable).

17. LAW, JURISDICTION AND DISPUTE RESOLUTION.

Except expressly stated otherwise: (a) this EULA shall be governed and construed in accordance with the laws of England, without regard to its conflict of law provisions; and (b) subject to Section 17 for US residents, exclusive jurisdiction for any claim or action arising out of or relating to this EULA shall be the courts of England, and You expressly consent to the exercise of personal jurisdiction of such courts.

US Residents - Dispute Resolution by Binding Arbitration

BY ACCEPTING THE TERMS OF THE EULA, YOU AND WE EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN ALL APPLICABLE JURISDICTIONS.

This Section offers a streamlined way to resolve disputes between You and us if they arise. Most of Your concerns can be resolved by contacting us at info@secretmode.games or the relevant developer. If we cannot resolve Your concern, You and we agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.

This Section is an agreement between You and us, and applies to our respective agents, employees, affiliates, predecessors, successors, beneficiaries and assigns. This agreement to arbitrate evidences a transaction in interstate commerce, and thus where relevant, the Federal Arbitration Act and its equivalents in other jurisdictions governs the interpretation and enforcement of this Section.

  1. Claims Covered by Arbitration. All disputes, claims or controversies arising out of or relating to this EULA, our Game and its marketing, or the relationship between You and us (“Disputes”) shall be determined exclusively by binding arbitration. This includes claims that accrued before You entered into this EULA. The only Disputes not covered by this Section are claims (a) regarding the infringement, protection or validity of Your, our or our licensors' trade secrets or copyright, trademark or patent rights; or (b) brought in small claims court.

  2. Informal Negotiations. You and we shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. We will send our Notice of Dispute to Your billing or email address. You will send Your Notice of Dispute to Ground And 2nd Floor Imperial House, Holly Walk, Leamington Spa, England, CV32 4JG.

  3. Binding Arbitration. If You and we cannot resolve a Dispute informally, subject to the exceptions in subsection 1 and this subsection 3, You or we will have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. We shall mutually determine who administers the arbitration. If an agreement between You and us cannot be reached within a reasonable timeframe, we both agree that the arbitration shall be administered by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) according to the JAMS Streamlined Arbitration Rules and Procedures effective 1 June 2021 (the “JAMS Rules”) as modified by this EULA. Your arbitration fees and Your share of arbitrator compensation shall be governed by the JAMS Rules. If such costs are determined by the arbitrator to be excessive, or if You send us a notice to the Notice of Dispute address above indicating that You are unable to pay the fees required to initiate an arbitration, we may pay the relevant arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and we may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

  4. Limitations. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR OR YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person's claims with Your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subsection is found to be unenforceable, then the entirety of these terms to arbitrate shall be null and void.

  5. Location. If an in-person hearing is required, the hearing will take place either in London, UK, or where You reside; You choose. Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement.

  6. Changes to this Arbitration Agreement. We will not enforce material changes to these terms to arbitrate, unless You agree to the changes.

  7. Severability. If any clause within this Section (other than the class action waiver clause above) is illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full effect. If the class action waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by a court.

18. MISCELLANEOUS.

Notice and Copyright Infringement Claims. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances as determined by us, users or account holders who are deemed to be repeat infringers of the copyrights of others. We may also at its sole discretion limit access to our Game and/or update, transfer, suspend, or terminate the accounts of any users who infringe the intellectual property rights of others, whether or not there is any repeat infringement.

If You believe that Your work has been used in our Game in a way that constitutes copyright infringement, please submit a notice of alleged infringement (DMCA Notice) to us as follows:

Secret Mode Games Limited, Ground And 2nd Floor Imperial House, Holly Walk, Leamington Spa, England, CV32 4JG

Email : info@secretmode.games

Please see DMCA 17 U.S.C. § 512(c)(3) for the requirements of a proper DMCA Notice. Also, please note that if You knowingly misrepresent that any activity or material on our Game is infringing, You may be liable to us for certain costs and damages.

Third Party Content. Our Game may include hyperlinks to third-party websites and services such as social media platforms. We do not control those websites and services and are not responsible for their content or for their collection, use or disclosure of Your personal information.

Export Controls. Our Game is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United Kingdom and foreign agency or authority relating to our Game and Your use of our Game. Our Game may not be re-exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which the United Kingdom has embargoed goods. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect our initial intentions.

No Waiver. No failure or delay by us (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by us or by You.

Assignment. We reserve the right to assign this EULA to another party without notice to You, to the extent permitted by applicable law. You may not sublicense, assign, transfer or delegate any of Your rights or obligations under this EULA to any third party without our prior written consent. Any attempted sublicense, assignment, transfer or delegation in violation of this article shall be void.

General Terms. Any use of the words "include", "includes" or "including" in this EULA shall be interpreted to include "but not limited to" after them. This EULA, together with any other of our terms that govern Your use of our Game, constitutes the entire agreement between You and us. As a consumer, You may have rights under applicable local laws that cannot be excluded, limited or changed. Those rights take priority over anything in this EULA.

Third Party Rights. Except as expressly provided in this EULAn, a person who is not a party to this EULA shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 (the “Act”) to enforce any term of this EULA. You agree that (i) Fuse Games and (ii) Disney (and their respective affiliates) are third parties to this EULA for the purposes of the Act and, accordingly, are entitled to enforce any provision of this EULA against You to the extent relevant to (i) maintain the Game and/or (ii) protect their respective intellectual property rights.

Localisation. This EULA is made in the English language. Translations of this EULA into other languages may be provided for convenience purposes only. In the event of any conflict, inconsistency, or ambiguity between the English language version and any translated version, the English language version shall prevail and take precedence in all respects, including but not limited to the interpretation, construction, and enforcement of this EULA and the resolution of any dispute arising out of or in connection with it.

19. PLAYSTATION® TERMS

Purchase and use of items are subject to the PlayStation Terms of Service. This online service has been sublicensed to you by Sony Interactive Entertainment America.

Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation Terms of Service which is available on the PlayStation Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

Furthermore:

  • This EULA is between You and Us, not between any Sony Interactive Entertainment company and You.

  • We have sole responsibility for the Game.

  • You are granted a limited license to use the Game only on a PlayStation® system that You own or control.

  • Sony Interactive Entertainment is a third-party beneficiary under this EULA, to the extent you use a PlayStation® and these additional terms apply.

  • Sales and exchanges of virtual currency (“VC”) through means other than PlayStation® Store is prohibited. For example, it is prohibited to sell VC via the sale of an account.

  • The licence granted to you under this EULA in Section 2 applies only to our Game. Sony Interactive Entertainment Inc. and its affiliates retain all rights in the PlayStation® platform and services.

  • Your use of our Game’s Online Features may require the use of an account for PlayStation®, which is governed separately by Sony’s Terms of Service, available on their website. Your access to PlayStation® services may be revoked independently, and losing your access to PlayStation® services may result in losing access to our Game’s Online Features.

For any questions concerning this EULA, You may contact us at the following email address: info@secretmode.games.

THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.