Effective: 2022-11-14
Last Updated: 2022-11-14
These terms set forth our legal obligations to each other using our services.
When we say “Breach,” “we,” “us,” and “our” in these terms, we mean Breached OÜ, its subsidiaries, and its related companies consisting of the website available at https://breach.gg/, and its network of websites, software applications, or any other products or services offered by Breach.
We also have a Cooke Policy, Privacy Policy, Community Guidelines, and other policies that apply to your use of our services and are incorporated into these terms. If you use our API, Breach’s Native Games Terms of Service and Developer Policy apply to that use. Breach’s Marketplace Services Terms apply to any purchase you make through Breach Marketplace.
Together, these rules make Breach possible, and they matter to us and the community. If you believe others aren’t following them, please let us know: [email protected].
The terms apply whether you are a user that registers an account with the Breach or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing, or using the Breach services, you are entering into a legally binding agreement between you and Breach regarding your use of the Breach services. You acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree to these terms, do not access or otherwise use any of the Breach services.
1. BREACH
We provide services that allow you to interact with other Breach users and participate in public and private communities. Our services may also include access to certain software, features, and content that you can purchase from us or others.
Breach’s services are provided by Breached OÜ. We’re located at Papiniidu tn 5 Pärnu linn, Pärnu linn Pärnu maakond 80042, Estonia. Breached OÜ is the controller of your personal information as described in our Privacy Policy.
2. AGE REQUIREMENTS
By accessing our services, you confirm that you’re at least 14 years old and meet the minimum age of digital consent in your country. We maintain a list of minimum ages around the world as a resource for you, but we aren’t able to guarantee that it is always accurate. If you are old enough to access our services in your country, but not old enough to have authority to consent to our terms, your parent or guardian must agree to our terms on your behalf. Please ask your parent or guardian to read these terms with you. If you’re a parent or legal guardian, and you allow your teenager to use the services, then these terms also apply to you and you’re responsible for your teenager’s activity on the services.
3. EXPECT FROM BREACH
We’re actively developing new features and products to improve Breach. As part of these efforts, we may add or remove features, start offering new services, or stop offering old services. While we try to avoid disruptions, we cannot guarantee that there will not be an outage or change to the services, and your content may not be retrievable due to such outages or changes. We are not liable for any such outages or service changes.
4. ACCOUNT
To access the services on an ongoing basis, you will need to create a Breach account. You can provide a username and password, and a way of contacting you (such as an email address and/or phone number). To access certain features or communities, you may need to verify your account or add other information to your account. Our Privacy Policy discusses what information we collect and how we use this information in more detail.
You are responsible for the security of your account, and you agree to notify us immediately if you believe your account has been compromised. If you use a password, it must be strong, and we (strongly) recommend that you use that password only for your Breach account. If your account is compromised, we may not be able to restore it to you.
You are also responsible for maintaining the accuracy of the contact information associated with your account. If you get locked out of your account, we’ll need to contact you at the email or phone number associated with your account, and we may not be able to restore your Breach account to you if you no longer have access to that email account or phone number. We may also assume that any communications we’ve received from your account or the associated contact information have been made by you.
You agree not to license, sell, or transfer your account without our prior written approval.
5. CONTENT IN BREACH’S SERVICES
Your Content. When we say “your content” in these terms, we mean all the things you add (upload, post, share, or stream) to our services. This may include text, links, GIFs, emoji, photos, videos, streams, documents, blockchain items or other media. If we come up with another way for you to add content to the services, it includes that too.
You don’t have any obligation to add content to the services. If you choose to add content to the services, you are responsible for ensuring that you have the right to do so, that you have the right to grant the licenses in the terms, and that your content is lawful. We take no responsibility for any of your content, and we are not responsible for others’ use of your content.
Our services allow users to add content in a number of different ways, including via direct messages and in smaller and larger communities. Some of these spaces are public, and if you share content within them, that content may be accessed by people you do not know. Other server owners may publish their server invite link on public websites. Anyone can access these spaces. You should be aware that these permissions are set by server owners or admins, and they may change over time. Please understand the difference between posting in public and private spaces on Breach, and choose the right space, features, and settings for you and your content. To understand how we treat your personal information, see our Privacy Policy.
Your content is yours, but you give us a license to it when you use Breach. Your content may be protected by certain intellectual property rights. We don’t own those. But by using our services, you grant us a license— which is a form of permission—to do the following with your content, in accordance with applicable legal requirements, in connection with operating, developing, and improving our services:
- Use, copy, store, distribute, and communicate your content in manners consistent with your use of the services;
- Publish, publicly perform, or publicly display your content if you’ve chosen to make it visible to others;
- Monitor, modify, translate, and reformat your content;
- Sublicense your content, to allow our services to work as intended. This license is worldwide, nonexclusive, transferable, and perpetual.
We reserve the right to block, remove, and/or permanently delete your content for any reason, including breach of these terms, our Community Guidelines, our other policies, or any applicable law or regulation.
We welcome feedback on our services. By sending us feedback, you grant us a non-exclusive, perpetual, irrevocable, transferable license to use the feedback and ideas generated from the feedback without any restrictions, attribution, or compensation to you.
6. BREACH’S CONTENT
Our services include some content that belongs to us. You may use this content as permitted by these terms, but we retain all intellectual property rights in our content.
7. OTHER CONTENT
Other people’s content. Our services might also provide you with access to other people’s content. You may not use this content without that person’s consent, or as allowed by law. Other people’s content is theirs and doesn’t necessarily reflect Breach’s own views. Breach doesn’t endorse or verify the accuracy or reliability of content shared by Breach users. We work hard to try to make Breach a safe, positive, and inclusive place, but cannot prevent you from encountering content that you may find objectionable or offensive. You agree we will not be liable for any harm caused by that content. You may report content that you think violates any of our policies. We have the right, but not the obligation, to review such reports and block or remove content at our discretion.
Third party features and content. Our services may also allow you to access third-party websites, features, apps, or other content. We provide you access only as a convenience to you, and are not responsible for the content or services available from these websites or resources.
8. SOFTWARE IN BREACH’S SERVICES
License to our software. Some of our services allow you to download client software. So long as you comply with these terms, we grant you a worldwide, non-exclusive, personal, and non-assignable license to download, install, and run that software, solely to access our services. You may not copy, modify, create derivative works based upon, distribute, sell, lease, or sublicense any of our software or services. You also may not reverse engineer or decompile our software or services, attempt to do so, or assist anyone in doing so, unless you have our written consent or applicable law permits it.
Although we are granting you this license, we retain any intellectual property rights we have in our software and services.
Open source. Some of Breach’s services include software subject to separate open source license terms, and your use of those services are subject to your compliance with those license terms, when applicable. We encourage you to review them, as some licenses may explicitly override these terms.
Third Party Software and Services. Our services may allow you to access apps, games, bots, or other products, features or services developed by third parties. It’s your choice whether to use these products and whether to participate in Breach communities that incorporate these features, and you should review any terms and policies provided by the third party before doing so. The third party’s terms and policies, and not Breach’s, govern your use of these products or services. While these third party services do need to follow all policies that apply to them (which may include our Community Guidelines, Developer Terms of Service, and Developer Policy), Breach is not responsible for products developed by third parties.
9. COPYRIGHT
We respect the intellectual property of others and expect our users to do the same. See our Copyright & IP Policy for information on how to file a copyright complaint.
10. BREACH’S PAID SERVICES
We won’t charge you a fee to use the basic functionality of our services, but you may be able to pay for additional features and products. Breach’s Paid Services Terms may also apply to any purchase you make through Breach, and you may also be asked to agree to separate terms before purchasing or selling new offerings through Breach.
11. RESTRICTIONS
When using our services, you must comply with these terms and all applicable laws, rules, and regulations, and you must only use the services for authorized and acceptable purposes. You must also adhere to our Community Guidelines and other policies, which contain more detailed rules about your content and behavior when using Breach. Fundamentally, do not do, try to do, or encourage or help others to do any of the following:
- Don’t use the services to do harm to yourself or others. Among other things, this includes trying to gain access to another user’s account or any non-public portions of the services, infringing anyone else’s intellectual property rights or any other proprietary rights, harassing, bullying, spamming, auto-messaging, or auto-dialing people through our services.
- Don’t use the services to do harm to Breach. Among other things, this includes trying to gain access to or attacking our systems, scraping us, transmitting viruses or other malicious code to our services, abusing or defrauding us or our payment systems, copying our product or using our intellectual property without permission, and misusing our reporting or customer service mechanisms.
- Don’t use the services to do anything else that’s illegal. This includes using the services to commit any crime or infringe anyone’s intellectual property rights.
We encourage you to report content or conduct that you believe violates these restrictions.
12. TERMINATION
Your right to terminate. You’re free to stop using Breach’s services at any time and for any reason. You can delete your Breach account in the Breach app.
Our right to terminate. Subject to applicable law, we reserve the right to suspend or terminate your account and/or your access to some or all of our services with or without notice, at our discretion, including if:
- You breach these terms, our policies, or additional terms that apply to specific products.
- We’re required to do so to comply with a legal requirement or court order.
- We reasonably believe termination is necessary to prevent harm to you, us, other users, or third parties.
- Your account has been inactive for more than two years.
However, we will give you advance notice if reasonable to do so or required by applicable law.
13. INDEMNITY
If you are using the services on behalf of a business or legal entity and not in an individual capacity, then you will indemnify and hold Breach and its officers, directors, employees and agents harmless from and against any claims, liabilities, damages, and costs (including reasonable legal and accounting fees) related to (a) your access to or use of our services, (b) your content, or (c) your violation of these terms.
14. SERVICES “AS IS”
Most disputes can be resolved informally, so if you have an issue with the services, let’s consult with each other first. Before pursuing formal legal action, you agree to try to resolve a dispute with us informally by sending notice to [email protected].
If you reside in the European Union, you may also be entitled to submit your complaint to the European Commission’s Online Dispute Resolution (ODR) Platform. ODR allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court.
Governing law and jurisdiction. The law of Lithuania will apply to these terms and any disputes related to these terms or our services, regardless of conflict of laws rules.
Any dispute, arising out of or relating to this contract, shall be finally settled by arbitration in the Vilnius Court of Commercial Arbitration in accordance with its Rules of Arbitration. All procedural documents shall be served via parties‘ e-mails. The number of arbitrators shall be 1. The place of arbitration shall be Vilnius. The language of arbitration shall be English.
If you are a consumer residing in the European Union, this clause and these terms in general do not affect any mandatory consumer rights you may have under your local law, and all disputes arising in connection with the services and/or these terms shall be submitted to the exclusive jurisdiction of Vilnius regional court or, if you are a consumer, to a court closer to your domicile if in an EU Member State.
Agreement to arbitrate.
If you’re a U.S. resident, you also agree to the following mandatory arbitration provisions:
You and Breach agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Except for the circumstances described below, if we can’t resolve a dispute informally, you and Breach agree to resolve any dispute or claim relating to these terms or our services through final and binding arbitration in the U.S. state where you reside.
Arbitration rules. The arbitration will be conducted by a single arbitrator, governed by these terms and the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class or representative actions (the “JAMS Rules”). These terms will govern if there’s a conflict between these terms and the JAMS Rules. The decision of the arbitrator will be in writing and binding on you and Breach, and judgment to enforce the decision may be entered by any court of competent jurisdiction. You and Breach agree that dispositive motions will be allowed in the arbitration. Except as explicitly set forth in this arbitration section, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these terms of service, including, but not limited to any claim that all or any part of these terms of service are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator must follow these terms and can award the same damages and relief as a court. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Finally, if Breach’s or your claim is for monetary relief of $10,000 or less and doesn’t request any equitable remedy, the party bringing the claim may, based solely on the documents submitted to the arbitrator, choose whether arbitration will be conducted through a telephonic hearing or by an in-person hearing under the JAMS Rules. The Streamlined Arbitration Rules governing the arbitration may be accessed at https://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Other remedies. Arbitration means that you waive your right to a jury trial. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law.
Arbitration costs. Breach will pay the additional cost if the arbitration filing fee exceeds the cost of filing a lawsuit provided your claim does not exceed $75,000. For claims that do not exceed $75,000, we’ll also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be conducted for an improper purpose or frivolous (under the standard set forth in Federal Rule of Civil Procedure 11). For claims above $75,000, fees and costs will be determined in accordance with JAMS Rules. In all arbitrations, unless otherwise required by law or the JAMS Rules, you’re responsible for all other additional arbitration costs incurred, including attorney’s fees and expert witness costs.
Opt-out. You can decline this agreement to arbitrate by emailing an opt-out notice to [email protected] within 30 days of when you first register your Breach account, otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Breach also will not be bound by them.
Exceptions. You or Breach may still pursue claims, if they qualify, in small claims court in San Francisco County, California, or any U.S. county where you live or work. The small claims court, and not any arbitrator or JAMS, shall have the exclusive authority to resolve disputes regarding whether a dispute is properly within the jurisdiction of a small claims court. Additionally, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of our services will not be subject to arbitration, and the informal notice required by this section won’t apply to these disputes.
Class waiver. IF YOU’RE A U.S. RESIDENT, YOU AND BREACH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this specific paragraph is found unenforceable, then the “Agreement to arbitrate” section will be null and void. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
17. MISCELLANEOUS
You have certain rights that, by law, can’t be limited by these terms, and we in no way intend to restrict those rights in these terms.
Entire agreement. These terms cover the entire agreement between you and Breach for your use of our services.
Additional terms. Where additional terms apply to our products or services, the additional terms will control with respect to your use of that product or service to the extent of any conflict with these terms.
Bug reporting. We support the responsible reporting of security vulnerabilities. To report a security issue, please visit [email protected].
Export Control. You agree to comply with all applicable import, export, and re-export control laws and restrictions, including but not limited to those of the European Union and its member states, the U.S. Department of Commerce Export Administration Regulations (“EAR”) and economic sanctions maintained by the U.S. Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”), and will not use the services to cause a violation of such laws or regulations. Further, you represent and warrant that you are not located in North Korea, on any government list of prohibited or restricted parties, or otherwise subject to equivalent restrictions, as specified in the laws and regulations listed above or in your country’s laws. You may not download or use our services if you are located in a country or region subject to U.S. or E.U. government embargo (including Cuba, Iran, Syria, and the Crimea region) unless that use is authorized by the United States and other relevant authorities.
Waiver, severability, and assignment. If you fail to follow these terms and we don’t immediately act, that doesn’t mean we’re giving up any of our legal rights (such as acting in the future). If any part of these terms ends up being invalid or unenforceable based on a decision by any court or competent authority, the rest of these terms will not be affected. You may not assign these terms to anyone else without our written consent. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with our services.
Survival. Any part of these terms that by their nature should survive after termination of these terms will survive.
Updates to these terms. We may decide to update these terms (1) to reflect changes to our services or our business, (2) for legal or regulatory reasons, or (3) to prevent abuse on or of our services. If these changes materially affect your Breach use or your legal rights, we’ll give you reasonable advance notice (unless the updates are urgent). If you continue to use our services after the changes have taken effect, it means that you agree to the changes. If you don’t agree, you must stop using our services.
If you have any questions about these terms, please contact us at [email protected]. We may send you electronic communications related to our services. Where required, we’ll get your consent before sending you direct marketing.
