Warunki korzystania z usługi

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Fawkes Games LTD, doing business as Fawkes ("Fawkes", "we", "us", or "our"), concerning your access to and use of the https://fawkesgames.com website, our game clients and launchers (including the Fawkes Hub), and all related online games operated by Fawkes — including but not limited to Shaiya, Defiance, Last Chaos, Desert Operations, Wargame 1942, and The Last Train (collectively, the "Services"). We are registered in Bulgaria and have our registered office at Pere Toshev 105, Plovdiv, Plovdiv 4004. Our VAT number is BG206874802. You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms of Service, including the Code of Conduct posted on the Site, which are incorporated into these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. Individual games may have additional game-specific rules, end-user license agreements, or codes of conduct that supplement these Terms. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms of Service, and you waive any right to receive specific notice of each such change.

The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Terms of Service prior to you using the Services.

Unless otherwise indicated, the Services and all game content — including game clients, source code, databases, functionality, software, website designs, audio, video, text, in-game artwork, character models, maps, textures, quest content, storylines, and graphics (collectively, the "Content") and the trademarks, service marks, and logos contained therein (including but not limited to the Shaiya™, Defiance™, Last Chaos™, Desert Operations™, Wargame 1942™, and The Last Train™ marks) — are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws. The Content is provided "AS IS" for your personal, non-commercial gameplay use only.

Provided that you are eligible to use the Services, you are granted a limited, non-exclusive, non-transferable, revocable license to install and use our game clients and access our games solely for your personal, non-commercial entertainment. We reserve all rights not expressly granted to you in and to the Services, the Content, and the Marks.

By using the Services, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete
• You will maintain the accuracy of such information and promptly update your account details as necessary
• You have the legal capacity and you agree to comply with these Terms of Service
• You are not under the age of 13
• You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services
• You will not access the Services through automated or non-human means, whether through bots, hacks, scripts, or third-party software not authorized by Fawkes
• You will not use the Services for any illegal or unauthorized purpose, including but not limited to real-money trading (RMT) of in-game items or accounts
• Your use of the Services will not violate any applicable law or regulation
• You will not share, sell, or transfer your game account to any other person

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

You are required to register a Fawkes account to access our games. Your Fawkes account may be used across all Fawkes titles (Shaiya, Defiance, Last Chaos, Desert Operations, Wargame 1942, and The Last Train). You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username or character name you select if we determine, in our sole discretion, that such name is inappropriate, obscene, or otherwise objectionable.

Your account and any in-game characters, items, currency, or progress associated with it are licensed to you, not owned by you. Fawkes retains all right, title, and interest in and to all game accounts and virtual items. You may not sell, transfer, or sublicense your account or any virtual items outside of authorized in-game trading systems.

Our games may offer optional in-game purchases, including virtual currency, premium items, cosmetics, boosters, and other digital goods. All transactions are processed through Xsolla and we accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover
• PayPal
• Others (provided by Xsolla)

Virtual currency and virtual items have no real-world monetary value and cannot be redeemed for cash. You acknowledge that virtual items and currency are licensed digital goods, not property. We may modify, replace, or remove virtual items at any time for game balancing, security, or other operational reasons.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges (such as a VIP subscription in any of our games), then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Services.

All purchases of virtual currency and in-game items are final and non-refundable, except as required by applicable law. You can cancel any active subscription at any time by logging into your Fawkes account. Your cancellation will take effect at the end of the current paid term, and you will retain access to premium features until that period expires.

If you believe a purchase was made in error or without authorization, please email us at [email protected] within 48 hours of the transaction.

We provide game client software and the Fawkes Hub launcher for use in connection with our games. We grant you a non-exclusive, revocable, personal, and non-transferable license to install and use the Fawkes Hub and individual game clients solely for the purpose of playing our games. The software is provided "as is" without warranty of any kind. You accept any and all risk arising out of use or performance of any software.

You may not modify, reverse engineer, decompile, disassemble, or create derivative works based on our game clients or the Fawkes Hub. You may not use any unauthorized third-party software that intercepts, mines, or otherwise collects information from or through the game clients. Any such activity is a violation of these Terms and may result in immediate account termination.

You may not access or use the Services for any purpose other than legitimate gameplay and community participation as intended by Fawkes. As a user of the Services, you agree not to:

• Use cheats, exploits, automation software (bots), hacks, mods, or any unauthorized third-party software designed to modify the game experience
• Exploit bugs, glitches, or design flaws in any game — you must report such issues to our support team immediately
• Engage in real-money trading (RMT) — selling, buying, or trading game accounts, characters, items, or currency for real-world money or value outside of officially sanctioned systems
• Use multiple accounts to gain unfair advantages (multi-boxing, vote manipulation, or bypassing game restrictions)
• Trick, defraud, or mislead other players or Fawkes staff, especially in attempts to obtain account credentials or personal information
• Harass, threaten, bully, or engage in toxic behavior toward other players or Fawkes employees in-game or on our platforms
• Impersonate Fawkes staff, game moderators, or other players
• Interfere with or disrupt game servers, other players' gameplay experience, or the Services' infrastructure
• Upload or transmit viruses, Trojan horses, keyloggers, or other harmful software through the Services
• Systematically retrieve game data, including but not limited to player data, game mechanics, or server information, to create competing services or databases
• Use the Services to advertise, promote, or solicit business for third-party products or services
• Attempt to bypass any anti-cheat systems, security measures, or access controls implemented in our games
• Share, stream, or distribute private server software or tools that emulate our Services
• Engage in in-game scamming, including fraudulent trades, fake giveaways, or phishing attempts targeting other players

Our Services may allow you to participate in in-game chat, forums, message boards, Discord communities, and other interactive features. You may also create content such as character names, guild names, forum posts, screenshots, fan art, videos, and other user-generated content (collectively, "Contributions"). When you create or share any Contributions, you represent and warrant that:

• Your Contributions do not infringe the intellectual property rights of Fawkes or any third party
• You are the creator and owner of your Contributions or have the necessary permissions
• Your Contributions are not false, inaccurate, or misleading
• Your Contributions are not spam, advertising, or promotional material
• Your Contributions are not obscene, violent, harassing, discriminatory, or otherwise objectionable
• Your Contributions do not violate any applicable law, regulation, or our Code of Conduct
• Your Contributions do not contain personal information of other players without their consent

Any use of the Services in violation of the foregoing violates these Terms of Service and may result in, among other things, temporary or permanent suspension of your game account across all Fawkes titles.

By posting Contributions to any part of the Services (including in-game chat, forums, fan sites, or social media using our game content), you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide right and license to use, copy, reproduce, display, distribute, and create derivative works from such Contributions for any purpose, including marketing and promotion of our games.

We do not assert any ownership over your original Contributions. You retain full ownership of your original creative work. However, you acknowledge that all in-game content (including character likenesses, game screenshots, and game footage) remains the property of Fawkes Games.

We have the right, in our sole and absolute discretion, to (1) edit, redact, or remove any Contributions; (2) moderate in-game chat and forum posts; and (3) pre-screen or delete any Contributions at any time and for any reason, without notice.

We may provide areas for you to leave reviews or ratings of our games and services. When posting a review, you must comply with the following criteria:

• You should have firsthand experience playing the game or using the service being reviewed
• Your reviews should not contain offensive profanity, hate speech, or discriminatory language
• Your reviews should not contain references to illegal activity, including RMT or hacking
• You should not be affiliated with competing game companies if posting negative reviews
• You may not post false or misleading statements about our games or services
• You may not organize review-bombing campaigns encouraging others to post reviews, whether positive or negative

We may accept, reject, or remove reviews in our sole discretion. Reviews are not endorsed by us and do not necessarily represent our opinions.

You may link your Fawkes account with third-party services such as Discord, Steam, or social media platforms. You represent and warrant that you are entitled to connect these accounts. Please note that if a third-party service becomes unavailable, connected features may no longer work through our Services.

We are not responsible for the practices or content of third-party platforms. Community interactions on platforms such as Discord, Reddit, or social media are subject to both our Code of Conduct and the respective platform's terms of service.

You acknowledge that any questions, comments, game suggestions, feature requests, bug reports, or other feedback ("Submissions") provided to us are non-confidential and become our sole property. We may use your Submissions to improve any of our games — including Shaiya, Defiance, Last Chaos, Desert Operations, Wargame 1942, and The Last Train — without acknowledgment or compensation to you.

Our Services may contain links to third-party websites, including but not limited to our payment processor Xsolla, fan wikis, community forums, and partner sites. Such third-party websites are not investigated, monitored, or checked for accuracy by us, and we are not responsible for any content or services provided by third parties.

If you leave our Services to access third-party websites, you do so at your own risk. These Terms of Service no longer govern your interactions on those platforms.

We operate live-service online games that require internet connectivity and server availability. We do not guarantee uninterrupted access to any game. Scheduled and unscheduled maintenance, server updates, patches, and game events may temporarily restrict access to all or part of our games.

We reserve the right to shut down, merge, or modify any game server at any time. In the event of a permanent game closure, we will endeavor to provide reasonable advance notice to players but are not obligated to do so. You acknowledge that online games are inherently temporary in nature and no purchase guarantees perpetual access to any game or its features.

We reserve the right, but not the obligation, to: (1) monitor gameplay, chat, and forums for violations of these Terms and our Code of Conduct; (2) take appropriate action against rule violators, including warnings, temporary suspensions, permanent bans, and rollbacks of ill-gotten in-game gains; (3) restrict access to any game features or services; (4) remove, modify, or rollback any in-game items, characters, or currency obtained through exploits, bugs, or prohibited activities; and (5) otherwise manage our games in a manner designed to preserve fair play and a positive community experience.

Game Masters (GMs) and moderators act on behalf of Fawkes and their decisions regarding in-game enforcement are final. Appeals may be submitted through our support channels but reversal is not guaranteed.

We care about data privacy and security. Our games may collect gameplay data, chat logs, IP addresses, hardware information, and other data as described in our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Our Services are hosted in the European Union. If you access the Services from any other region, you agree to have your data transferred to and processed in the European Union.

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us at [email protected]. Please be advised that you may be held liable for damages if you make material misrepresentations in a notification.

These Terms of Service shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES AND BANNING GAME ACCOUNTS), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE, OUR CODE OF CONDUCT, OR ANY APPLICABLE LAW OR REGULATION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. This applies across all Fawkes games and services. Ban evasion will result in the immediate termination of any new accounts created. In addition to terminating your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

We reserve the right to update, patch, modify, rebalance, or change any aspect of our games at any time, including but not limited to game mechanics, class balancing, item stats, drop rates, quest content, maps, and server configurations. These changes are part of the normal operation of live-service games and do not entitle you to any refund or compensation.

We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. We reserve the right to change, suspend, or discontinue any game or feature at any time without notice. You agree that we have no liability for any loss, damage, or inconvenience caused by downtime or changes to the Services, including loss of in-game progress during server issues.

These Terms shall be governed by and defined following the laws of Bulgaria. Fawkes Games LTD and yourself irrevocably consent that the courts of Bulgaria shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

Informal Negotiations

To expedite resolution and control the cost of any dispute related to these Terms of Service (each a "Dispute"), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with these Terms, including disputes related to in-game purchases, account actions, or virtual items, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146). The number of arbitrators shall be two (2). The seat of arbitration shall be Plovdiv, Bulgaria. The language of the proceedings shall be English. The governing law shall be the substantive law of Bulgaria.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity.

Exceptions to Arbitration

The following Disputes are not subject to arbitration: (a) any Disputes seeking to enforce or protect intellectual property rights; (b) any Dispute related to allegations of hacking, cheating, or unauthorized access to game services; and (c) any claim for injunctive relief.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including game descriptions, item stats, pricing, availability, and patch notes. We reserve the right to correct any errors and to change or update information at any time, without prior notice.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES AND OUR GAMES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF GAME CONTENT, THE AVAILABILITY OF GAME SERVERS, THE PERSISTENCE OF VIRTUAL ITEMS OR GAME PROGRESS, OR THE OUTCOME OF ANY IN-GAME ACTIVITIES. WE WILL NOT BE LIABLE FOR ANY (1) ERRORS IN GAME MECHANICS OR CONTENT, (2) LOSS OF IN-GAME ITEMS, CHARACTERS, OR PROGRESS, (3) UNAUTHORIZED ACCESS TO YOUR ACCOUNT, (4) SERVER INTERRUPTIONS OR DOWNTIME, (5) BUGS, EXPLOITS, OR SECURITY VULNERABILITIES, AND/OR (6) ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THE SERVICES.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF IN-GAME DATA, LOSS OF VIRTUAL ITEMS OR CURRENCY, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR €100.00 EUR.

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand arising out of: (1) your Contributions; (2) your use of the Services; (3) breach of these Terms of Service or our Code of Conduct; (4) any breach of your representations and warranties; (5) your violation of intellectual property rights, including use of private servers or unauthorized game modifications; or (6) any harmful conduct toward other players. We reserve the right, at your expense, to assume exclusive defense and control of any such matter.

We maintain gameplay data, account information, chat logs, transaction history, and other data related to your use of the Services. Although we perform regular backups, you are solely responsible for your own data. You acknowledge that in-game progress, characters, items, and achievements may be affected by server issues, game updates, or account actions. We shall have no liability for any loss or corruption of game data.

Visiting our website, using our game clients, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, patch notes, game announcements, and other communications we provide electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS.

Fawkes is committed to providing a fair and enjoyable gaming experience across all our titles. We employ anti-cheat systems, server-side validation, and manual review processes to detect and prevent cheating, exploiting, botting, and other forms of unfair play.

By using our Services, you consent to the installation and operation of anti-cheat software alongside our game clients. If our systems detect prohibited activity on your account, we may take immediate action including temporary suspension, permanent ban, or rollback of in-game assets without prior notice.

You may appeal enforcement actions through our support channels. However, we are not required to disclose the specific detection methods or evidence used in anti-cheat enforcement in order to protect the integrity of our systems.

These Terms of Service and any game-specific rules or codes of conduct constitute the entire agreement between you and us regarding the Services. Our failure to exercise or enforce any right or provision shall not operate as a waiver. We may assign our rights and obligations at any time, including in connection with a merger, acquisition, or sale of game assets. If any provision is determined to be unlawful or unenforceable, that provision is deemed severable and does not affect the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or your use of our games.

For questions about these Terms, account issues, or game-related inquiries, please contact us at:

• Fawkes Games LTD (d/b/a Fawkes)
• Pere Toshev 105, Plovdiv, Plovdiv 4004, Bulgaria
• General Inquiries: ticketing system in the accounts page
• Legal Matters: [email protected]