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Offsuit Games, Inc.
These Terms are a contract between you and Offsuit Games, Inc. They cover our games, our apps, and our websites.
Four things are worth reading closely:
If you do not agree to these Terms, do not use the Services.
If you live in the European Economic Area, the United Kingdom, or another country whose law says otherwise, Section 21 does not require you to arbitrate and does not take away your right to go to your local courts. Section 25 sets out how these Terms work where you live, and it overrides anything in these Terms that conflicts with it.
We are Offsuit Games, Inc., a corporation organized under the laws of the State of Delaware, United States. In these Terms, "we", "us", and "our" mean Offsuit Games, Inc. and our successors and permitted assigns. "You" and "your" mean the person using the Services.
You can reach us by email at info@offsuit.app or by mail at:
Offsuit Games, Inc.
8 The Green, Suite B
Dover, Delaware 19901
United States
These Terms are a legally binding agreement between you and us. They apply to any Offsuit Games, Inc. application, website, or service, now existing or later released, that links to these Terms.
"Services" means our games, applications, websites, and related services, together with the content and features in them, in each case where they link to these Terms.
Some parts of the Services have their own additional rules — for example the official rules of a competition, or the terms of a promotional offer. Where we present rules like that in connection with a feature, they form part of these Terms for that feature.
Additional rules add to these Terms. They never take anything away from them, and they can only ever give you more than these Terms do. Where additional rules conflict with these Terms, the additional rules control for that feature or that game only — except that they never displace Sections 4, 6, 7, 9, 12, 13, 18, 19, 20, 21, 22, 23, or 25, which control over any additional rules in every case. Nothing we present anywhere in the Services changes Section 21. Section 21 can only be changed the way Section 18 describes.
You accept these Terms by taking the action our apps identify as acceptance — for example by tapping a button beneath a notice that says the tap means you agree to these Terms, or by tapping a control labeled to that effect. The notice tells you what the action means before you take it, and links to these Terms and to our Privacy Policy.
Merely opening or browsing the Services is not acceptance. If you have not taken an action our apps identified as acceptance, you have not agreed to these Terms, and you should not use the parts of the Services that require an Account. This section governs your first acceptance of these Terms; Section 18 says how a later change to them takes effect.
You accept these Terms separately in each of our apps that asks you to. Accepting in more than one app does not create more than one agreement: these Terms are a single agreement covering all of our games, and the same text governs every one of them.
You agree that we may give you notices, disclosures, and other communications electronically — in the app, by email, or by posting them on our websites — and that, so far as the law allows, electronic communications satisfy any legal requirement that a communication be in writing. You may withdraw this consent by closing your Account.
Every Offsuit game available today requires you to be at least 18 years old. By using one of them you represent that you are. We may ask you to verify your age at any point, and we may restrict your access to a game until you do.
You must also be legally permitted to use the Services where you live. If the law where you live prohibits you from using a game like ours, or sets a higher minimum age for it, you may not use it.
Some of our games simulate casino games, including card games and slot machines, and some offer randomized rewards. Games with those features are rated for adults, and in some countries a rating authority requires an adults-only rating for them. Where a store or a rating authority applies a higher minimum age to one of our games than the minimum in this section, that higher age applies to that game.
We do not knowingly allow anyone below the minimum age for a game to use it. If we learn that an Account holder is below it, we will close the Account.
If you are a parent or guardian and you believe someone below the minimum age is using one of our games, contact us at info@offsuit.app.
You need an Account to use most of the Services. Depending on the game, an Account may be created for you automatically when you first open it — a guest Account — or you may create one by signing in with an email address, a Google account, or an Apple account. A guest Account is still an Account, and these Terms apply to it.
One Account covers our current games. The same Account, the same username, and the same balances are used across the Offsuit games you play today, and something you do in one can be visible in another.
You are responsible for your Account and for everything that happens through it. Keep your sign-in details secure, and tell us promptly at info@offsuit.app if you think someone else has access to it. If you have a guest Account, it exists only on the device that created it until you sign in, and losing that device may mean losing the Account.
You may choose a username. Usernames are visible to other players in games that have social features. We may refuse, remove, reclaim, or reset a username that we reasonably consider offensive, misleading, infringing, impersonating, or otherwise in breach of Section 12, and we may review usernames using automated tools.
Accounts are personal to you. You may not sell, rent, lease, sublicense, transfer, or share your Account, and you may not buy or acquire an Account from anyone else.
This section applies where the Services offer virtual currency or virtual items.
"Virtual Currency" means any in-game balance or counter the Services make available for use inside a game — for example chips, gems, or credits — whatever it is called and however it is obtained.
"Virtual Items" means any non-currency in-game content the Services make available for you to unlock, use, or display — for example avatars, card backs, card faces, chip designs, table themes, emotes, passes, boosts, and the contents of any randomized reward.
Virtual Currency and Virtual Items exist only inside the Services. What you receive is a limited, personal, non-exclusive, non-transferable, revocable license to use them within the Services, for as long as we offer the relevant part of the Services. You do not own them, and no ownership or other property interest in them passes to you.
What you license is the item as it exists in the Services from time to time, not a fixed version of it. We develop our games continuously, and any aspect of a Virtual Item may change at any time — how it looks and sounds, what it is called, how it is described, and what it does. An item changed in that way is the same item you licensed, and this is part of what you agree to when you acquire one, not a departure from it.
Virtual Currency is not money, not a deposit, not a stored-value or prepaid instrument, and not a claim against us for anything of value.
Some Virtual Currency is consumed when you use it. Currency you spend in a game is used up by that act, in the same way that any consumable digital item is used up when it is used.
Where the Services give you Virtual Currency or Virtual Items as a reward, they are subject to the conditions shown in the Services when you claim them, including any cooldown, cap, or eligibility requirement. Virtual Currency and Virtual Items granted in error, or obtained by exploiting a fault, may be removed.
Virtual Currency and Virtual Items have no monetary value. We do not redeem or exchange them for money.
Each of the following stands on its own:
Nothing about the amount you paid, the way something is priced or displayed, or the way it behaves in a game changes any of the above.
You may not sell, gift, trade, transfer, lend, assign, or otherwise dispose of Virtual Currency or Virtual Items to any other person, inside or outside the Services. They are bound to your Account.
You may not offer, advertise, or deal in Virtual Currency, Virtual Items, or Accounts on any third-party marketplace, exchange, auction site, or trading service, and you may not buy them from anyone other than us or an authorized store.
We do not operate, authorize, or recognize any secondary market. Any purported transfer outside the Services is void, gives the recipient no rights, and is a breach of these Terms by everyone involved. We may cancel, reverse, or remove Virtual Currency and Virtual Items obtained that way, and we may suspend or close the Accounts concerned.
We may change Virtual Currency and Virtual Items, and how they work in our games. Where a change would reduce or remove something you have already bought or already hold, we will make it only for one of the reasons set out in Section 17 — that list is exhaustive — and in a way that keeps the Services working as described. Where such a change would materially reduce the value or usefulness of something you have paid for, Section 25.1 applies.
This does not apply where we remove Virtual Currency or Virtual Items under Section 7.1 because the charge that paid for them was refunded or reversed. Getting your money back is not a change to the Services.
Changing an aspect of a Virtual Item is not a reduction or removal of it, and needs no reason — see Section 6.1. The reasons list applies only where an item is taken away from you, stops working, or becomes unusable in the game it belongs to.
What we charge for Virtual Currency and Virtual Items, and what we offer for sale, are our commercial decisions, and that list does not restrict them — see Section 7.
Virtual Currency and Virtual Items may expire. Where any of them does, we will say so in the Services before you buy or claim it. Expiry does not stop currency being consumed when you use it under Section 6.1.
If you live in the European Economic Area or the United Kingdom, Section 25.1 also applies to this section and overrides it where they conflict.
If you close your Account yourself, all Virtual Currency and Virtual Items associated with it stop working and are lost. Closing your Account is a choice to give them up. Before you confirm, we will tell you that closing your Account means losing your Virtual Currency and Virtual Items, and that it cannot be undone, so that you can cancel and spend them first if you would rather. Where the law where you live entitles you to a refund of unspent Virtual Currency or of a period you have already paid for, closing your Account does not take that away — see Section 7 and Section 25.1.
If we close or permanently suspend your Account for any reason — because you breached these Terms, because we reasonably believe it is necessary to stop fraud or to protect the Services, other players, or our rights, because we are required to, or because we discontinue a game or the Services entirely — all Virtual Currency and Virtual Items associated with it stop working, because the Account they are licensed to no longer exists.
Where a decision is reversed under Section 12, we restore the Account.
Cancel any subscription before your Account ends. Deleting your Account does not stop subscription billing, and neither does our closing or suspending it — see Section 7.2.
Nothing in this section limits any statutory right you have that cannot be limited by contract. If you live in the European Economic Area or the United Kingdom, Section 25.1 also applies to this section and overrides it where they conflict — in particular, it gives you more than this section does when your Account ends.
This section applies where the Services offer purchases.
Purchases made inside our apps go through a digital storefront — the App Store or Google Play — under that storefront's own terms, payment rules, and refund policies, which apply to your purchase in addition to these Terms. Whether the storefront or we are the seller for a particular purchase is determined by that storefront's terms and by the law where you live. Either way, we never receive or store your card number or payment credentials, and either way you can raise a problem with us at info@offsuit.app.
We are not responsible for a storefront's own acts. A payment dispute between you and a storefront, a storefront's decision on a refund, and any suspension or closure of your account with a storefront are matters between you and them. If a storefront suspends or closes your account with it, you may lose access to purchases you made through it, and we are not liable for that.
When you buy something with real money, the price in your local currency is shown to you by the platform's purchase sheet before you confirm, and that is the price you pay. Prices already include any taxes we are required to include, and exclude any taxes we are required to add. You are responsible for any other taxes or charges that apply to you.
We may change prices, add or remove items, and limit or refuse any order, including where we reasonably believe an order is fraudulent, abusive, or in breach of these Terms. A price change never affects a purchase you have already made. Where we cancel an order after payment has been taken, the platform's refund process applies. Where a charge is refunded or reversed, we may remove the Virtual Currency or Virtual Items it paid for.
Purchases are for your personal use in the Services only. You may not buy for resale.
This subsection applies where the Services offer a subscription.
Apple and Google handle subscription billing, so a subscription renews, and is cancelled, through your account with them. A subscription renews automatically, for the same period and at the price then in effect, until you cancel it. Cancelling stops the next renewal; by itself it does not end the period you have already paid for, or refund it. If you have trouble, contact us at info@offsuit.app.
Subscription benefits are Virtual Items and are governed by Section 6. We may change what a subscription includes.
If your Account is closed or suspended, cancel your subscription — closing the Account does not stop the billing. See Section 6.5.
All purchases of Virtual Currency and Virtual Items are final and non-refundable, except where these Terms or the law where you live require otherwise.
To request a refund for an App Store purchase, use Apple's "Report a Problem" process. To request a refund for a Google Play purchase, use Google Play's refund request process.
We can put things right inside the game. Where something has gone wrong — a purchase that did not deliver, a fault on our side — we may restore or credit Virtual Currency and Virtual Items directly. Where you are entitled to money back, you can raise it with the platform, and with us at info@offsuit.app.
Your statutory rights come first. Nothing in this section removes or limits any right you have under the law where you live, including any right to cancel, to withdraw from a purchase, or to a remedy where what you received was faulty or not as described. If you live in the European Economic Area or the United Kingdom, Section 25.1 sets out rights that apply in addition to anything in this section, and those rights prevail over anything here that conflicts with them.
If you think something has gone wrong with a purchase, email info@offsuit.app and tell us what happened.
This section applies where the Services show advertising.
Some of our games show advertising, including advertising you can choose to watch in exchange for a reward. Advertisements, and any links, promotions, or offers they contain, are supplied by third-party advertising networks, not by us. We do not select individual advertisements, and we do not endorse advertised products, services, or websites or make any representations about them. Any dealings you have with an advertiser are between you and them, and access to a third-party site or offer is at your own risk. We encourage you to read the terms and privacy policy of any service you go on to use. If you see an advertisement in one of our games that should not be there, tell us at info@offsuit.app.
Where you choose to watch an advertisement for a reward, the reward is credited only if the advertisement is delivered and completed as the Services describe. Advertisement availability depends on the networks and is not guaranteed.
Our Privacy Policy explains what information advertising partners receive and how you can limit advertising that is personalized to you.
This section applies where the Services offer games that use the themes, imagery, or mechanics of casino games.
Our games are played for entertainment. You cannot win money, monetary instruments, or anything redeemable for money by playing them.
Section 6 sets out what Virtual Currency and Virtual Items are, that they have no monetary value, and what may and may not be done with them.
Where the law where you live regulates, restricts, or prohibits a game like ours, that law applies to you. Section 25.4 also applies.
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use our applications on devices you own or control, and to access the Services, in each case for your own personal, non-commercial entertainment. Where you obtained an application from an app store, that license is also subject to the store's usage rules, including any family sharing, volume purchasing, or legacy contact arrangements those rules allow. You must also comply with any other third-party terms that apply when you use our applications.
That license is all you get. You may not:
We may monitor the Services for compliance with these Terms, including by automated means. We are not obliged to monitor, and choosing not to act on something does not waive our right to act on it later.
This section applies where the Services let you submit content.
"Your Content" means anything you submit through the Services — for example a username, feedback you send us, or any other text or material a game lets you provide.
You keep whatever rights you have in Your Content. By submitting it, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, adapt, translate, publish, display, perform, and distribute Your Content — in the Services and outside them, including on our websites, on our social media channels, and in advertising and promotion of the Services. We may do this without telling you first and without paying you or anyone else. Where the law allows, you waive any moral rights you have in Your Content, including any right to be identified as its author. Where the law allows, that license is perpetual and irrevocable. Otherwise it lasts as long as we hold Your Content, except that where we have already published Your Content — in a post or an advertisement, for example — the license for that use continues.
When you submit Your Content you confirm that you have the right to submit it, that it does not infringe anyone else's rights or break any law, and that it does not breach Section 12.
We may feature you publicly. We may show your username, your avatar, and information about your account and your play — including your rank, your competition placements, and your gameplay statistics — on our websites, on our social media channels, and in advertising and promotion of the Services, and we may use them together with Your Content. We may do this without telling you first and without paying you.
Feedback. If you send us an idea, suggestion, or proposal about the Services, we may use it for any purpose without any obligation to you and without compensation, and you assign to us any rights in it that are needed for us to do so. Please do not send us anything you consider confidential.
We may review, refuse, remove, or edit Your Content, including by automated means. We are not obliged to review anything. Removing content is not an admission that it broke a rule, and leaving it up is not an endorsement of it.
These rules apply to everyone. Do not:
You must also not do anything prohibited by Section 10, and you must not encourage or help anyone else to break these rules. We may also act on conduct that harms other players, the Services, or us, whether or not it is described above.
Where we reasonably believe you have broken these Terms, we may take one or more of the following steps:
We will tell you what we have done and why, unless the law prevents us or telling you would help someone evade enforcement. Where an Account is suspended for a period rather than permanently, we will tell you when the suspension ends.
If we restrict, suspend, or close your Account, you can ask us to review that decision. Email info@offsuit.app with your user ID, or the email address on your Account, and anything you want us to take into account. We will review it and tell you the outcome and the reason for it. If we got it wrong, we will reverse it.
Nothing in this section limits any right you have to take a complaint elsewhere. If you live in the European Economic Area or the United Kingdom, Section 25.1 also applies.
You may close your Account at any time. You can delete it in the app, in the privacy settings. Our Privacy Policy explains what we delete and what we must keep.
If you have a subscription, cancel it through Apple or Google before you delete your Account — deleting the Account does not stop the billing. See Section 7.2.
We may suspend or close your Account where you have breached these Terms, as described in Section 12; where we are required to by law or by a court, regulator, or app store; where it is necessary to protect the Services, other players, or our rights; or where we discontinue the Services.
When your Account is closed, your license under Section 10 ends, you must stop using the Services, and Section 6.5 determines what happens to your Virtual Currency and Virtual Items.
If we have closed your Account for breaching these Terms, you may not open a new one, and we may close any new Account you open. That does not apply where the closure is later reversed under Section 12.
The sections listed in Section 26 survive the end of this agreement.
The Services, and everything in them — software, code, artwork, characters, animations, audio, music, text, designs, layouts, and databases — are owned by us or by our licensors and are protected by copyright, trademark, and other laws around the world.
"Offsuit", our logos, and our game names and logos are our trademarks. You may not use them without our written permission, except to refer to us or our games fairly and accurately.
We reserve all rights we do not expressly grant you in these Terms. Breaching this section is a material breach of these Terms, and your license to use the Services ends immediately if you do.
We respond to notices of claimed copyright infringement under the United States Digital Millennium Copyright Act and equivalent laws elsewhere, and we may terminate the Accounts of repeat infringers.
If you believe material in the Services infringes your copyright, send a notice to info@offsuit.app with the subject line "DMCA Notice", or by mail to the address in Section 1. Your notice must include:
If we remove material in response to a notice, we will make reasonable efforts to notify the person who provided it, and they may send us a counter-notice. Misrepresenting that material is infringing, or that it was removed by mistake, can make you liable for damages.
Before you send a counter-notice, know what it commits you to. The law requires a counter-notice to carry your name, address, and telephone number, and requires us to pass a copy of it to the person who complained. It also requires you to consent to the jurisdiction of a United States federal court and to accept service of process from that person. Sending one therefore identifies you to whoever complained and makes it easier for them to sue you. These are requirements of the statute, not conditions we have added.
Our designated agent. Notifications of claimed infringement may also be sent to the agent we have designated with the United States Copyright Office:
Copyright Agent
Offsuit Games, Inc.
8 The Green, Suite B
Dover, Delaware 19901, United States
info@offsuit.app
The Services rely on, link to, and interoperate with services we do not control — app stores, payment processors, sign-in providers, advertising networks, analytics providers, and others.
We are not responsible for those services, for their content, or for their privacy and security practices, and including or linking to them is not an endorsement. Your use of them is governed by their own terms. If a third-party service becomes unavailable or changes, parts of the Services may stop working.
Our Privacy Policy explains what kinds of partners receive information about you, and how to ask us which companies they are.
The Services are an ongoing service, not a one-time product, and they change.
We may add, change, suspend, or remove any part of the Services — including features, content, game rules, Virtual Currency, Virtual Items, and entire games.
Where a change would reduce or remove something you have already bought or already hold, we will make it for one or more of these reasons, and no others:
Changing an aspect of something is not a reduction or removal for this purpose, and needs no reason — see Section 6.1. The list above applies only where something is taken away, stops working, or becomes unusable.
What we offer for sale, what it costs, what is included in it, and whether we go on offering it are our commercial decisions, and that list does not restrict them. A price change never affects a purchase you have already made. See Section 7.
We do not guarantee that the Services, or any part of them, will remain available, and we may discontinue a game, a feature, or the Services in your country at any time. Where we reasonably can, we will give advance notice in the Services or on our website. Section 6.5 and Section 25.1 say what you are entitled to.
We may also carry out maintenance, which may make the Services temporarily unavailable.
We may change these Terms, in whole or in part, at any time.
Where a change is material, we will try to tell you before it takes effect — by a notice in the app, by email, or by posting on our websites — and to tell you what it means if you do not accept it. Other changes take effect when we post the revised Terms with a new "Last updated" date.
By accepting a revised version, or by continuing to use the Services after it takes effect, you agree to be bound by it. If you do not want to be bound by it, stop using the Services and close your Account under Section 13; Section 6.5 says what happens to your Virtual Currency and Virtual Items if you do.
Changes are never retroactive. A change to these Terms does not apply to any claim that had already arisen before the change took effect. Where a Dispute arises, the version of these Terms in effect when the claim arose governs it, and if that cannot be determined, the version in effect when we received notice of the Dispute. Once you have sent us a Notice of Dispute under Section 21.1, we will not change Section 21 in any way that makes it less favorable to you for that Dispute.
You cannot change these Terms. No change is effective against us unless we make it as described in this section.
If you are a consumer resident in the European Economic Area or the United Kingdom, Section 25.1 applies to this section and overrides it: a change that reduces your rights does not bind you unless you accept it.
Please read this section. It limits what we promise about the Services.
To the fullest extent permitted by law, the Services are provided "as is" and "as available", and we disclaim all warranties, conditions, and representations, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement.
In plain terms, we do not promise that:
You use the Services at your own risk, and you are responsible for your device, your connection, and any data charges.
These limits do not apply where the law does not allow them. Some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above may not apply to you, and you may have rights this section cannot take away. If you are a consumer in the European Economic Area or the United Kingdom, Section 25.1 applies, and your statutory rights that digital content be as described, of satisfactory quality, and fit for purpose are not affected by this section.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be excluded or limited by law.
Please read this section. It limits what you can recover from us.
To the fullest extent permitted by law, neither we nor our officers, directors, employees, agents, suppliers, or licensors will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible loss, arising out of or relating to these Terms or the Services, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, we are not liable for loss or damage to the extent it results from an update we made available for the Services that you did not install, where installing it would have avoided the loss.
This does not apply where you could not reasonably have installed the update, or where the loss would have happened anyway, and it does not apply at all if you are a consumer resident in the European Economic Area or the United Kingdom — see Section 25.1.
To the fullest extent permitted by law, our total liability to you for all claims arising out of or relating to these Terms or the Services will not exceed the greater of:
(a) the total amount you paid us, or paid through the Services, in the twelve months before the event giving rise to the claim; or
(b) one hundred United States dollars (US$100).
These limits apply regardless of the legal theory the claim is based on, and they apply even if a remedy fails of its essential purpose.
These limits do not apply where the law does not allow them. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the above may not apply to you. They do not apply to any liability that cannot lawfully be limited, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for a breach of statutory consumer rights that cannot be limited, or to any statutory remedy whose amount the law fixes and does not permit to be reduced by agreement. If you are a consumer in the European Economic Area or the United Kingdom, Section 25.1 applies.
Please read this section carefully. It affects your legal rights.
If you live in the United States, it requires you and us to resolve disputes by individual arbitration rather than in court, and it waives your right to a jury trial and your right to bring or take part in a class action. You have 30 days from your first acceptance of these Terms in any of our games to opt out — see Section 21.6.
If you live in the European Economic Area, the United Kingdom, or any other jurisdiction whose law does not permit a pre-dispute agreement to arbitrate or a class action waiver to bind a consumer, Section 21.10 applies and none of this section requires you to arbitrate or to wait before going to court.
In these Terms, a "Dispute" means any dispute, claim, or controversy between you and us arising out of or relating in any way to these Terms, the Services, your Account, Virtual Currency, Virtual Items, any purchase, or our advertising or marketing. A dispute, claim, or controversy is a Dispute whatever legal theory it rests on — contract, tort, statute, fraud, misrepresentation, or any other legal theory — and whether it arose before, during, or after these Terms ended. "Dispute" has the broadest meaning the law allows.
Before starting an arbitration or a lawsuit, you must give us a chance to resolve the problem informally, and we must do the same for you.
Send a Notice of Dispute to info@offsuit.app with the subject line "Notice of Dispute", or by mail to the address in Section 1. Your Notice of Dispute must be individual to you and must include:
We will send you an equivalent notice if we have a Dispute with you.
A notice that does not describe the individual facts and relief of a single person's dispute — for example a form notice sent on behalf of many people that differs only in the name — does not satisfy this section.
For 60 days after a complete Notice of Dispute is received, you and we will try in good faith to resolve the Dispute. Either of us may ask for an individual telephone or video settlement conference, and if one is requested both of us must take part; each of us may have a lawyer present.
This section is a condition precedent to arbitration, and neither of us may file a demand for arbitration until it has been satisfied. Either of us may ask a court to enforce it, including by staying a proceeding brought before it was satisfied. All applicable limitation periods are suspended while this section is being complied with, so waiting costs you nothing.
This section does not apply to: a claim within Section 21.9; a party who has opted out under Section 21.6, for whom it is a request rather than a requirement; or anyone to whom Section 21.10 applies.
Subject to Section 21.9 and Section 21.10, you and we agree that every Dispute will be resolved by final and binding individual arbitration, and not in court.
You and we are each giving up the right to a trial by jury, and the right to have a Dispute decided by a judge or jury in court.
Arbitration is less formal than a lawsuit. It uses a neutral arbitrator instead of a judge or jury, allows more limited discovery, and is subject to very limited review on appeal. An arbitrator can award the same individual relief, and the same damages, that a court could, and must follow these Terms and the applicable law.
This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and evidences a transaction involving interstate commerce.
The arbitrator, and not any court, decides all questions about whether this Section 21 applies, what it means, and whether it is valid or enforceable — including any claim that all or part of it is unconscionable, void, or voidable, and including any question about the validity or enforceability of this Section 21.3 itself.
Four questions are for a court, not the arbitrator:
A challenge to Section 21.8 is decided by an arbitrator appointed for that challenge alone, who is not sitting on any batch formed under it. Where the JAMS Mass Arbitration Procedures apply, the Process Administrator determines how that arbitrator is appointed. Where NAM's Mass Filing Supplemental Rules apply, the Procedural Arbitrator decides the questions those rules reserve to it, and any other challenge to Section 21.8 is decided by an arbitrator appointed for that challenge alone.
This Section 21.3 is a separate agreement, severable from the rest of these Terms and from the rest of Section 21. If any other part of Section 21 is held unenforceable, that does not by itself affect this Section 21.3.
You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff, claimant, or class member in any purported class, collective, consolidated, coordinated, representative, or private attorney general proceeding.
This means:
Grouping demands under Section 21.8 is administrative only. Each claim is decided on its own merits; each claimant submits their own evidence and their own argument; each claimant receives their own award; and no ruling or award binds, or is evidence against, anyone who was not a party to it. Nobody's claim is decided by a case they were not part of, and no claimant gives up any part of their own claim by being grouped. Because that is what grouping is, it is not a class, collective, consolidated, coordinated, or representative proceeding for the purposes of this Section 21.4 — and nothing in Section 21.8 permits one.
You and we do not agree to class arbitration. Nothing in these Terms may be read as consenting to it, and an arbitrator has no authority to conduct one.
If a court or arbitrator holds that this Section 21.4 is unenforceable as to a particular claim or a particular form of relief, that claim or form of relief — and only that one — must be brought in a court of competent jurisdiction under Section 23. The rest of Section 21 continues to apply in full to every other claim, and any claim severed under this paragraph is stayed until the arbitration of the remaining claims is complete — except that a claim within Section 21.9, and any claim for public injunctive relief, is not stayed.
If, despite the paragraph above, a court or arbitration provider determines that a Dispute may proceed on a class, collective, or representative basis over our objection, then the agreement to arbitrate in Section 21.2 is void as to that Dispute, and that Dispute will be resolved in court under Section 23. The rest of Section 21 remains in effect for all other Disputes.
Administrator. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures and its Consumer Arbitration Minimum Standards of Procedural Fairness, in each case as in effect when the demand for arbitration is filed. Those rules, standards, and fee schedules are available at jamsadr.com. Where this Section 21 and those rules conflict, the JAMS rules control on any matter JAMS does not permit the parties to vary, and this Section 21 controls otherwise. Nothing in this Section 21 may be read as asking JAMS to administer a Dispute on terms that fall short of the Consumer Arbitration Minimum Standards, and where those Standards allocate a fee or a cost to us, we will bear it whether or not the administrator's rules require us to.
Many similar demands. Where 25 or more similar demands for arbitration are filed against us, or on behalf of claimants, the JAMS Mass Arbitration Procedures and Guidelines also apply, and 25 is the number of demands that brings them into effect in place of the larger number JAMS's own definition would otherwise use. They need not all be filed at the same time. We ask JAMS to apply them whether or not the claimants share a lawyer or law firm, and whether or not their representatives are acting in coordination — and whether it does so is JAMS's decision. This designation stands on its own. It does not depend on Section 21.8, and it continues to apply whether or not any part of Section 21.8 is held enforceable.
If JAMS is unavailable. The identity of the administrator is not an essential part of our agreement to arbitrate. If JAMS is unwilling or unable to administer a Dispute in accordance with these Terms, the arbitration will be administered by National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures, its consumer fee schedule, and, where Section 21.8 applies, its Mass Filing Supplemental Rules. If NAM is also unwilling or unable, either of us may ask a court with jurisdiction to appoint an arbitrator under 9 U.S.C. § 5, and the arbitration will proceed before that arbitrator, without an administrator, on the JAMS Streamlined Rules and the JAMS Consumer Arbitration Minimum Standards as the arbitrator applies them. The unavailability of any particular administrator does not void our agreement to arbitrate.
Arbitrator. One neutral arbitrator will decide the Dispute. You and we will each be given a list of at least five candidates and will rank them, and the candidate with the highest combined ranking is appointed. Where that leaves no candidate, or where the administrator's rules do not permit it, the administrator's own selection process applies — and you take part in choosing the arbitrator either way.
Format and location. Arbitrations under these Terms are conducted by written submissions, by telephone, or by videoconference, unless the arbitrator decides an in-person hearing is necessary. If there is an in-person hearing, it will take place in the county or equivalent district where you live, or at another place you and we agree on.
Procedure. The arbitrator will apply the law a court would apply under Section 23, will honor claims of privilege, will allow the discovery the administrator's rules provide for and in any event the exchange of non-privileged information relevant to the Dispute, and will issue a written award stating the disposition of each claim and the essential findings and conclusions it rests on. Judgment on the award may be entered in any court with jurisdiction. The arbitrator may award any individual relief a court could award, including statutory damages, punitive damages where a statute provides for them, and attorneys' fees and costs where a statute provides for them.
Threshold issues. Either of us may ask the arbitrator to decide a threshold question — including arbitrability, the scope of this Section 21, and whether Section 21.1 has been complied with — before the merits, with separate briefing and, if either party asks, a separate hearing.
Fees. Arbitration fees are allocated by the administrator's applicable rules and fee schedule. Under the JAMS Consumer Arbitration Minimum Standards, the only arbitration fee you have to pay to bring a Dispute is the single fee those standards require of a consumer — an amount JAMS sets at about what it costs to file a case in court — and if NAM is administering under this section, the fees its own consumer schedule allocates to a consumer. We pay everything else the administrator charges: the rest of the filing fee, the case management fee, the hearing fee, and the arbitrator's fees. If we are the one bringing the Dispute, we pay all of it. We will pay every fee the rules allocate to us, and we will pay it within the time the administrator sets.
Attorneys' fees. Each of us pays our own lawyers, except where a statute provides otherwise or the next sentence applies. If the arbitrator finds that a claim, a defense, or a request for relief was frivolous or fraudulent, or was brought or maintained for an improper purpose — measured against the standard of Rule 11(b) of the Federal Rules of Civil Procedure — the arbitrator may require the party responsible for it to pay the other's reasonable attorneys' fees and arbitration costs. A demand filed in the name of a person who did not authorize it falls within this paragraph. That works the same way in both directions and applies to us, and to a defense we raise, exactly as it applies to you. It does not apply merely because a claim did not succeed, and it does not apply where the law where you live does not permit it.
Nothing about the arbitration is required to be kept confidential, except to the extent an applicable rule of the administrator, a protective order, or the law provides.
You may decline the agreement to arbitrate. Opting out releases you from Sections 21.2, 21.3, 21.4, 21.7, and 21.8. Nothing else in these Terms changes, and you may go on using the Services.
How to opt out. Send us a notice stating that you decline the agreement to arbitrate. It must include your name, your postal address, your Account user ID, the user ID of any other Account you hold with us if you know it, the email address on your Account if it has one, and your handwritten signature and the date you signed it. Send it to info@offsuit.app with the subject line "Arbitration Opt-Out" — a scan, a photograph, or a PDF of the signed notice is enough — or by post to the address in Section 1.
It must reach us within 30 days of the first time you accepted these Terms, in any of our games and on any Account you hold. If we publish a revised version and you had already opted out, accepting that version starts a new 30 days, and your opt-out of the earlier version stands. If it reaches us in time, you and we will resolve Disputes in court under Section 23, in every Offsuit game that links to these Terms.
If you were already bound by an agreement to arbitrate with us when you opted out, that agreement remains in force. The rest of these Terms replaces the earlier version.
Any Dispute must be brought within one year after the claim arises, or within the shortest period the law allows if the law does not permit a one-year limit.
This section does not apply where the law where you live does not permit a limitation period to be shortened by agreement, or to a claim under a statute that sets its own limitation period and does not permit it to be shortened. In those cases the statutory period applies instead.
Where 25 or more similar demands for arbitration are filed against us, or on behalf of claimants, the JAMS Mass Arbitration Procedures and Guidelines apply. Section 21.5 is what brings them into effect, and it does so whether or not this section applies. This section does not apply to anyone who has opted out under Section 21.6.
The administrator runs the process. The JAMS Process Administrator has the authority the JAMS Mass Rules give it — including the authority to group demands into a coordinated proceeding, to decide how and in what order they proceed, and to decide whether a particular demand belongs. Neither we nor claimants' counsel choose the grouping, the order, or the arbitrators. Where NAM is administering under Section 21.5, its Mass Filing Supplemental Rules and its Procedural Arbitrator apply in the same way.
Grouping is administrative only and does not change what any claim is. Each claim is decided on its own merits, each claimant submits their own evidence and argument and receives their own award, and no ruling binds or is evidence against anyone who was not a party to it — see Section 21.4.
Everything in this Section 21 that does not conflict with the administrator's mass-filing rules continues to apply, including how arbitrators are chosen. So far as the administrator's panel allows, an arbitrator appointed in a proceeding under this section is a retired judge with experience arbitrating or mediating disputes.
Time limits are suspended. All applicable limitation periods are suspended for every claimant whose demand is subject to this section, from the day the demand is filed until that claimant's claim is finally resolved. Being grouped never costs anyone their claim.
Fees. The administrator's mass-filing fee schedule governs, and we will pay every fee it allocates to us. Under the JAMS Mass Arbitration Procedures the initial filing fee is a single fee for the whole filing rather than one for each demand, and the most claimants may be required to pay towards it in the aggregate is the amount the Consumer Arbitration Minimum Standards allow; we pay the remainder. The administrator charges further fees as its schedule provides, including on the appointment of each arbitrator, and those are ours to pay.
If any part of this Section 21.8 is held unenforceable, that part is severed and the remainder of Section 21 continues to apply — including the designation of the JAMS Mass Arbitration Procedures in Section 21.5, which does not depend on this section and survives it.
The following claims do not have to be arbitrated, and either of us may bring them in court without first going through Sections 21.1 through 21.8.
Two of them remain individual; two are not limited at all. Section 21.4 continues to apply to a claim brought under paragraph 1 (small claims) or paragraph 2 (intellectual property) below, so neither may be brought on a class, collective, or representative basis. Section 21.4 does not apply to, and does not limit in any way, a claim under paragraph 3 or paragraph 4 below. In particular, nothing in these Terms waives, limits, or purports to waive a claim for public injunctive relief, in any forum, and no part of Section 21 may be read as doing so.
Nothing in Section 21 prevents either of us from reporting a matter to a government agency, or from taking part in an investigation or proceeding brought by a government agency.
If you are a consumer resident in the European Economic Area, the United Kingdom, or Switzerland, no part of this Section 21 applies to you. The same is true if you are a consumer resident anywhere else whose law does not give effect to either of the following: an agreement made before a dispute arises to submit consumer disputes to arbitration, or a consumer's waiver of the right to take part in a collective or representative action.
Where this section does not apply to you, nothing in it requires you to arbitrate, to wait before going to court, or to give up any right to take part in a collective proceeding.
If you are in one of those places, Section 25 and Section 23 govern how disputes between us are resolved, and you keep every right you have to bring proceedings in the courts of the country where you live. We would still like you to tell us about a problem first, at info@offsuit.app, but you do not have to and nothing turns on whether you do.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Offsuit Games, Inc. and our officers, directors, employees, agents, and licensors from any third-party claim, demand, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) arising out of or relating to:
We will notify you of any claim we seek indemnification for, and you will cooperate with us in defending it. We may take over the exclusive defense and control of any such claim at your expense, and if we do, you will not settle it without our written consent.
This section does not apply to the extent the claim results from our own breach of these Terms, our negligence, or our willful misconduct, and it does not apply at all if you are a consumer resident in the European Economic Area or the United Kingdom — see Section 25.1.
These Terms, and any Dispute, are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws rules. Section 21 is governed by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.
A Dispute is not subject to arbitration where you opted out, where it falls within Section 21.9, or where a court holds Section 21 unenforceable.
Where that is so, the Dispute must be brought in the state or federal courts located in the State of Delaware. You and we each consent to the personal jurisdiction of those courts and waive any objection based on venue or forum non conveniens. This does not apply to a small claims action under Section 21.9, which either of us may bring in any small claims court that has jurisdiction over it.
Two important exceptions.
If you are a consumer, the choice of Delaware law above does not deprive you of the protection of any mandatory provision of the law of the country, state, province, or other jurisdiction where you habitually reside that cannot be departed from by agreement. Where that law gives you greater protection than Delaware law on a particular point, that law applies to that point. This applies to United States state law as much as to the law of any other country.
If you are a consumer resident in the European Economic Area or the United Kingdom, the courts clause above does not apply to you. See Section 25.1.
If you are a consumer anywhere else and the law where you live gives you a right to bring proceedings in your local courts that cannot be removed by agreement, the courts clause above does not remove it.
You represent and warrant that:
You agree to comply with all applicable export control, import, and economic sanctions laws, including those of the United States, the European Union, and the United Kingdom, and not to use the Services in breach of them.
If a term in this Section 25 conflicts with anything else in these Terms, the term in this section applies to you and overrides the conflicting term. This section survives the end of this agreement for as long as any section it modifies survives.
If you are a consumer resident in the European Economic Area or the United Kingdom, the following applies to you.
Your statutory rights. Nothing in these Terms limits or excludes any right you have under the law where you live that cannot be limited or excluded by agreement. If something we supply does not conform to what we promised, contact us at info@offsuit.app.
Your 14-day right to withdraw. EU and UK law gives you 14 days from the date of your purchase to withdraw from it, without giving any reason, and to receive a refund.
Changes to the Services and to these Terms. We will only change these Terms in the way Section 18 describes, and a change that reduces your rights does not bind you unless you accept it. Section 6.4 is read subject to Section 17: we will not change, withdraw, or reduce the value of Virtual Currency or Virtual Items you have paid for except for one of the reasons listed there, or where the charge that paid for them was refunded or reversed. Where a change materially and negatively affects your access to, or use of, digital content or a digital service, we will give you reasonable advance notice on a durable medium, and you may end the contract free of charge within 30 days of receiving that notice or of the change taking effect, whichever is later. If you do, we will refund any part of what you paid that relates to a period after termination.
Ending your Account. We will only suspend or close your Account for one of the reasons stated in Sections 12 and 13, and that list is exhaustive for you. We will tell you the reason, and we will give you reasonable notice where we reasonably can, unless we have to act immediately. Section 12 says how to contest the decision.
What you get back when your Account ends, whoever ended it:
How we provide it. Where you tell us something we supplied is faulty or not as described, we will put it right in the Services first where that is possible — by restoring your Account, or by re-crediting what was lost. Where a purchase was made through a storefront, a refund for it is normally the storefront's decision, and any agreement you made with the storefront is between you and them.
Nothing in Section 6.5 reduces any of this.
Liability. Sections 19 and 20 apply only to the extent the law where you live permits. We are liable for foreseeable loss and damage we cause by breaching these Terms or by failing to use reasonable care and skill. Section 20's exclusion for an update you did not install does not apply to you. Section 22 does not apply to you.
Disputes. Section 21.10 applies: no part of Section 21 binds you. You may bring proceedings against us in the courts of the country where you live, and we may bring proceedings against you only there. The choice of Delaware law in Section 23 does not deprive you of the protection of the mandatory provisions of the law where you live.
Complaints. Please contact us first at info@offsuit.app. If you are not satisfied, you may be able to use an alternative dispute resolution body in your country. We are not obliged to use, and have not agreed to use, any particular alternative dispute resolution body.
A note on the two regimes. European Union law and United Kingdom law are not identical, and they differ on some of the points above. Where they differ, the law of the country where you live is what applies to you.
If you are a consumer resident in Switzerland, Section 21.10 applies to you, and you may bring proceedings against us in the courts of your place of residence, and we may bring proceedings against you only there. The choice of Delaware law in Section 23 does not deprive you of the protection of the mandatory provisions of Swiss law. Section 22 does not apply to you, and Sections 19 and 20 apply only to the extent Swiss law permits.
California. Under California Civil Code § 1789.3, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210. Our games are free to download; charges for Virtual Currency, Virtual Items, and subscriptions are as displayed in the Services at the time of purchase. You can reach us at info@offsuit.app and at the address in Section 1.
New Jersey. If you are a New Jersey resident, the provisions of these Terms that limit our liability, disclaim warranties, or require you to indemnify us apply only to the extent New Jersey law permits, and Section 21 does not waive any right or remedy that New Jersey law does not permit to be waived.
Where the law of the country in which you live gives you a right these Terms do not give you, or protects you in a way these Terms do not, that law applies to you and prevails over anything in these Terms that conflicts with it. These Terms set a floor, not a ceiling, on what you are entitled to.
Entire agreement. These Terms, together with any additional rules we present in the Services under Section 2.2, are the entire agreement between you and us about the Services, and replace any earlier agreement or understanding about them — except that an agreement to arbitrate you made under an earlier version of these Terms is dealt with by Section 21.6, and is not replaced by this section. Our Privacy Policy is not incorporated into these Terms and does not form part of this contract — but we encourage you to read it, for information on how we collect, use, share, and otherwise handle information about you.
Severability. If any provision of these Terms is held invalid or unenforceable, it is severed to the minimum extent necessary and the rest of these Terms remain in full force. This is subject to Section 21.4, which says what happens if the class action waiver is held unenforceable.
No waiver. If we do not enforce a provision of these Terms, that is not a waiver of it, and we may enforce it later.
Assignment. You may not assign or transfer these Terms, or any right under them, without our written consent, and any attempt to do so is void. We may assign these Terms, in whole or in part, to an affiliate, or in connection with a merger, acquisition, reorganization, or sale of assets. Where we do, these Terms — including Section 21 — bind and benefit our successors and assigns as though they were named in them, and we will tell you that it has happened.
Force majeure. Neither of us is liable for a failure or delay in performing caused by something beyond our reasonable control, including natural disaster, war, terrorism, civil unrest, epidemic, labor dispute, government action, power or network failure, or the failure of a third-party service we depend on.
No third-party rights. Except for our successors, assigns, and the people and entities named in Sections 20 and 22, these Terms do not give any right to anyone who is not a party to them, and no one who is not a party to them may enforce them.
No agency. These Terms do not create a partnership, joint venture, employment, or agency relationship between you and us.
Interpretation. Headings, and the bold labels that begin a paragraph, are for convenience only. "Including" means "including without limitation". These Terms will not be construed against either of us on the basis of who drafted them.
Language. These Terms are written in English. If we provide a translation, the English version controls to the extent of any conflict, except where the law where you live requires otherwise, in which case the translation in your language controls.
Notices. We may give you notice by email to the address on your Account, by a message in the Services, or by posting on our websites. You give us notice by email to info@offsuit.app or by mail to the address in Section 1. Notice under Section 21.1 or Section 21.6 must follow the requirements of those sections.
Survival. The following survive the end of this agreement, together with any other provision that by its nature should:
Email: info@offsuit.app
Mail:
Offsuit Games, Inc.
8 The Green, Suite B
Dover, Delaware 19901
United States
For questions about how we handle your information, see our Privacy Policy.
© Offsuit Games, Inc.
