Terms Of Service
Last updated: 29 July 2026
These Terms of Service (“Terms”) govern the relationship between you and Deepmist Studios, an independent game studio operating from Israel (“Deepmist”, “we”, “us”), regarding your use of our games, our website at deepmist.com, and related services (together, the “Service”). Our Privacy Policy explains how we handle your information and forms part of these Terms.
These Terms cover all games and related services we publish as Deepmist Studios, whatever their name and however they are distributed, including any we release after the date at the top of this page. Not every feature described in these Terms is offered in every game, and the features a particular game offers may change over time.
BY DOWNLOADING, INSTALLING, ACCESSING OR USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE SERVICE.
PLEASE READ SECTION 13 CAREFULLY. IT REQUIRES MOST DISPUTES BETWEEN YOU AND DEEPMIST TO BE RESOLVED BY INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND CONTAINS A WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU HAVE 30 DAYS TO OPT OUT OF IT — SECTION 13.3 EXPLAINS HOW.
Our games are for entertainment. They do not offer real-money gambling, and anything you obtain inside a game has no real-world value and cannot be redeemed or cashed out for real money or real-world prizes.
1. Acceptance and Changes to These Terms
1.1 Acceptance
By using the Service you confirm that you have read these Terms, that you accept them, and that you agree to comply with them. If you are using the Service on behalf of someone else, you confirm you are authorised to accept these Terms for them.
1.2 Changes
We may change these Terms from time to time — for example to reflect a change in the law, a change to how a game works, or a new feature. When we do, we will change the “Last updated” date at the top of this page and post the amended Terms at deepmist.com. Unless we say otherwise, the amended Terms take effect when they are posted, and your continued use of the Service after that confirms your acceptance of them.
If you are in the United Kingdom, the European Economic Area or Australia, and a change materially and adversely affects your use of the Service in more than a minor way, we will give you reasonable notice in advance where it is possible to do so, and you may stop using the Service and uninstall our games at any time if you do not agree to the change. Stopping use is your remedy for a change you do not accept.
If you do not agree to the current version of these Terms, your licence under Section 3 ends and you must stop using the Service.
2. Eligibility and Permitted Use
2.1 Age
You must be at least 18 years old to use the Service. Where the age of majority in the country you live in is higher than 18, you must be at least that age. The Service is not directed to children, and you may not use it if you are under 18.
Depending on the game and on the country you play from, we may apply an age gate — a prompt asking you to give your age or date of birth before you can continue. Where a game applies one, you must answer it honestly. Giving a false age to get past an age gate is a breach of these Terms, and we may end your access to the Service if we learn of it.
If you let another person use your device, your store account or, where a game offers one, your game account, you remain responsible for what they do on the Service, including any purchase they make.
2.2 Permitted use
You may use the Service only for your own personal, non-commercial entertainment purposes, and only in a way that complies with these Terms and with applicable law. You may not use the Service where doing so would be unlawful.
2.3 Your device and your game progress
You are responsible for the device, operating system, network connection and any data charges needed to use the Service, and for keeping your device secure.
How your game progress is stored depends on the game. Some of our games store progress only on the device you are playing on and, where the platform provides it, in the backup service operated by Apple or Google. Others may offer an account, a sign-in through a platform or other third party, or a cloud save that keeps progress on servers operated by us or by our providers, so that it can be restored or carried to another device.
We will help where we reasonably can, but we cannot promise to restore progress that is lost — for example because a device is lost, reset or replaced, because a game is uninstalled, because a platform backup is unavailable or incomplete, or because a game does not offer a cloud save. Where a game offers an account, keeping your sign-in details accurate, up to date and secure is your responsibility, and you should tell us promptly at support@deepmist.com if you believe someone else has gained access to it.
3. Licence to Use the Service
Subject to your compliance with these Terms, Deepmist grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and use the Service for your own personal, non-commercial entertainment purposes.
That is the whole of the licence. All rights not expressly granted to you are reserved by Deepmist and its licensors, and nothing in these Terms grants you any right by implication or estoppel. Using the Service in any way not permitted by these Terms terminates the licence automatically.
4. Ownership
All rights, title and interest in and to the Service — including the games themselves, the computer code, artwork, characters, animations, sound effects, music, text, level designs, user interfaces, themes, titles, logos, trade marks and the overall look and feel — are owned by Deepmist or its licensors, and are protected by copyright, trade mark and other intellectual property law in Israel and elsewhere. You obtain no ownership interest of any kind in the Service or in anything within it. Content you submit yourself is dealt with in Section 5.4.
5. Player Conduct, Content and Community Features
5.1 Prohibited conduct
You agree that you will not, and will not attempt to, and will not help anyone else to:
- use cheats, exploits, automation software, bots, macros, hacks, mods, memory editors, or any unauthorised third-party software designed to modify, interfere with or gain an unfair advantage in the Service;
- deliberately exploit a bug, glitch or error in the Service for an advantage the game was not designed to give;
- modify, adapt, translate or create derivative works of the Service, or modify any file that forms part of it, except to the extent that applicable law expressly permits it despite this restriction;
- reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, underlying ideas or algorithms of the Service, except to the extent that applicable law expressly permits it despite this restriction;
- circumvent, disable or interfere with any security, digital rights management, or access-control feature of the Service, or with any measure that restricts or limits use of the Service;
- use any robot, spider, scraper, data-mining tool or other automated means to access the Service or to extract data from it, other than as permitted by our robots.txt file;
- use the Service, or any content, data or output obtained from it, to develop, train, fine-tune, benchmark or validate any artificial intelligence or machine-learning model;
- copy, distribute, publicly perform, publicly display, rent, lease, lend, sell, sublicense or otherwise commercially exploit the Service or any part of it;
- remove, obscure or alter any copyright, trade mark or other proprietary notice in the Service;
- use the Service to develop a competing product or service, or to copy any feature, function or graphic of the Service;
- disrupt, overburden, or attempt to gain unauthorised access to any server, network, account or system used to provide the Service, or introduce any virus, malware or other harmful code;
- interfere with the delivery of advertising, or generate invalid or fraudulent advertising impressions or clicks;
- buy, sell, rent, share or transfer an account, where a game offers accounts, or use anyone else’s account; or
- use the Service in breach of any applicable export control or sanctions law, or from a country subject to comprehensive sanctions under Israeli, United States, United Kingdom or European Union law.
5.2 Community conduct
Some of our games may offer features that let you interact with other people — for example chat or messaging, friends lists and invitations, teams or clubs, profiles, or the ability to post, submit or share content. Where a game offers any such feature, you also agree not to:
- harass, bully, threaten, stalk or intimidate anyone, including our staff and our partners;
- post or send content that is hateful, or that attacks or demeans a person or group on the basis of race, ethnicity, national origin, religion, disability, age, sex, gender identity or sexual orientation;
- post or send content that is obscene, sexually explicit, gratuitously violent, or that sexualises a child in any way;
- impersonate any person or organisation, including Deepmist, our staff or our partners, or misrepresent your affiliation with anyone;
- post or send content that is unlawful, defamatory, fraudulent or deceptive, or that infringes anyone’s intellectual property, privacy, publicity or other rights;
- share personal information about another person without their permission, or ask anyone to give you their personal information;
- send spam or chain messages, or use the Service to advertise or promote any product, service or game;
- use the Service to arrange, promote or carry out any unlawful activity, or to solicit anyone to do so;
- collude with others, match-fix, or otherwise manipulate a competitive or social feature; or
- encourage or assist anyone else to do any of these things.
5.3 Usernames, display names and profiles
Where a game lets you choose a username, display name, profile or avatar, what you choose must not: be offensive, obscene, hateful or harassing; impersonate another person or organisation, including Deepmist, or suggest an affiliation you do not have; infringe anyone’s trade mark or other rights; contain personal information about you or anyone else, such as a real address, telephone number or email address; or be used to advertise anything.
We may, acting reasonably, change or remove a username, display name, profile or avatar that breaches this Section, and may reclaim one that has been unused for a long period. You obtain no ownership of a name.
5.4 Content you submit
Where a game or our website offers a feature that lets you submit, post, send or share something — for example a message, a name, an image, a recording, a review, a suggestion or feedback — we call what you submit “Your Content”.
You remain responsible for Your Content. You confirm that you hold all the rights needed to submit it, and that it does not breach these Terms or anyone else’s rights.
By submitting Your Content, you grant Deepmist a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to host, store, copy, adapt, translate, publish, publicly display, distribute and otherwise use Your Content for the purposes of operating, providing, securing, moderating, improving and promoting the Service. Where the law permits, that licence continues after you stop using the Service to the extent needed for those purposes, and for copies held in backups or retained because the law requires it. To the extent permitted by law, you waive any moral rights you hold in Your Content, or agree not to enforce them against us; where a waiver is not permitted, you agree not to assert those rights in a way that prevents us using Your Content as described.
Any suggestion or feedback you send us about the Service is given freely, and we may use it for any purpose without obligation, payment or attribution to you.
We are not obliged to publish, display or keep Your Content, and we may remove it.
5.5 Moderation, suspension and termination
We decide, acting reasonably, what conduct or content breaches this Section.
Where a game offers chat, messaging or another feature that lets people submit content, we may — but are not obliged to — monitor, review, filter, moderate, retain or record that content, whether automatically or by a person, in order to enforce these Terms, keep players safe, and comply with the law. Content you send through such a feature is not private between you and its recipient. Where the law requires or permits it, we may report content to the authorities.
Content submitted by other players is theirs, not ours. We do not endorse it, and we are not responsible for it.
If you breach these Terms, or where we reasonably believe it necessary to protect other players, our partners or ourselves, we may: remove or edit content; withdraw access to a feature; issue a warning; suspend or terminate your licence to use the Service; where a game offers accounts, suspend or close your account; and take any other step available to us in law. Where it is reasonable and lawful to do so, we will tell you what we have done and why, and, where the law gives you a right to appeal or complain, we will tell you how to use it. Except where the law of your country requires it, we are not obliged to refund anything on a suspension or termination for breach.
6. In-App Purchases and Virtual Items
6.1 Purchases
Some of our games may offer optional purchases. Depending on the game, these may include one-off purchases — for example a purchase that permanently removes advertising from that game on the platform where you bought it — subscriptions that renew until you cancel them, virtual currency, and virtual items such as unlocks, boosts, cosmetic items or additional content. A game may offer any, all or none of these, and what is available may differ between games, platforms and countries.
When you make a purchase you are not buying a product that you own. You receive a limited, personal, non-transferable, non-sublicensable, revocable licence to use the relevant feature, currency or item within the game you bought it in, on the same terms as the licence in Section 3.
6.2 Virtual currency and virtual items
Where a game offers virtual currency or virtual items, they exist only inside that game and remain ours. They may not be sold, traded, gifted or transferred to anyone else, except where a game expressly provides a way to do so, and any attempt to transfer them otherwise is void.
We may, acting reasonably, change, rebalance, limit, replace, withdraw or discontinue any virtual currency or virtual item, and change the price at which it is offered. We may also adjust or remove currency or items that were obtained through an error, a fault in a game, or a breach of these Terms.
Where a game offers a feature whose outcome is determined wholly or partly by chance, we will disclose the odds or probabilities involved where the law or the platform requires it. Nothing we offer is real-money gambling: a purchase is never a wager, and nothing obtained in a game can be redeemed or cashed out for real money or real-world prizes.
6.3 No real-world value
Virtual currency, virtual items and any other entitlement obtained in our games are not a prepaid payment instrument, have no monetary or real-world value, and can never be redeemed, exchanged, transferred, sold, gifted or cashed out for real money, goods or anything of value outside the game. Unused virtual currency and unused virtual items are not refundable, except where the law of your country requires it.
6.4 Changes and availability
We may change the price, availability or content of any purchase at any time. If we discontinue a game, or a platform stops supporting it, your licence to use anything in it — including any virtual currency or virtual item — ends with the game. We are not required to provide a refund, credit or compensation for a discontinued game, except where the law of your country requires it.
If you are in the United Kingdom or the European Economic Area, by making a purchase you ask us to begin performance immediately, and you acknowledge that once the purchase is delivered to you, you lose the statutory right to withdraw from it. Your other statutory rights, including your rights in respect of digital content that is not of satisfactory quality or as described, are not affected.
7. Billing, Payment and Refunds
All purchases in our games are processed by the platform you bought them on — normally Apple’s App Store or Google Play — or by another payment provider we use. They are not processed by Deepmist, and we never receive or handle your payment card details.
Your purchase is therefore also governed by the terms of the store or payment provider you bought it from, and by the payment method you have registered with them. Prices are set in your local currency and may include or exclude tax depending on where you live and the rules the store applies. Prices may change at any time; a change does not affect a purchase already made.
Where a game offers a subscription, it renews automatically at the interval and price shown to you at the point of purchase, and continues until you cancel it. You cancel it through the store or payment provider you bought it from. Uninstalling a game does not cancel a subscription. Cancelling stops the next renewal; by itself it does not refund the period you are already in.
We cannot issue refunds directly. Refunds are governed by the policies of the store or provider that took the payment, and must be requested from them:
- Apple — request a refund through Apple’s “Report a Problem” service or your purchase history in the App Store.
- Google Play — request a refund through the Google Play refund process in the Play Store or Google Play Help.
- Any other payment provider we use — we will tell you at the point of purchase how to ask that provider for a refund.
Nothing in this Section limits any refund or remedy the law of your country gives you and that cannot be excluded by agreement. If you believe you were charged in error, write to us at support@deepmist.com and we will help you take it up with the store or provider, but the decision is theirs, not ours.
8. Updates to and Discontinuation of the Service
Our games evolve. We may update, change, add to or remove features at any time, and you may need to accept an update — or update your device’s operating system or other third-party software — in order to keep playing. Updates may be applied automatically depending on your device settings.
We may also stop offering or supporting the Service, or any individual game or feature, at any time. Where we do, your licence to use it ends, and, except as Section 6.4 provides and as the law requires, we are not obliged to provide a refund or compensation.
If you are in the United Kingdom, the European Economic Area or Australia, we will give you reasonable notice in advance of a discontinuation or a materially adverse change where it is possible to do so.
You may stop using the Service at any time. Where a game has no account, uninstalling it is all you need to do. Where a game offers an account, you may also close it — through the option in that game’s settings where one is provided, or by writing to us at support@deepmist.com. Closing an account, or uninstalling a game, may permanently delete your progress and any virtual currency or virtual items, and we may not be able to restore them afterwards. Neither step cancels a subscription bought through a store or payment provider; Section 7 explains how to do that.
9. Third-Party Content and Advertising
Some of our games may show advertising, in formats such as banner, interstitial, native or optional rewarded video adverts, supplied by one or more third-party advertising partners. Adverts, and anything you reach by tapping one, are the responsibility of the advertiser and the advertising partner, not of Deepmist. We do not endorse, and are not responsible for, any third-party advertisement, website, app, product or service, and any dealing you have with an advertiser is between you and them.
If you see an advert in one of our games that you consider inappropriate, please tell us at support@deepmist.com and we will pass it to the partner concerned.
The Service may also link to, or work together with, third-party platforms and services — for example an app store, a sign-in provided by a platform or other third party, a social network or a payment provider. We do not control them, and your use of them is governed by their own terms and privacy policies.
The Service may include open-source software, which is licensed to you under its own licence terms. Where those terms conflict with these Terms, they prevail in respect of that software.
10. Disclaimer of Warranties
To the fullest extent permitted by applicable law:
THE SERVICE, AND ALL CONTENT AND MATERIALS IN IT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. DEEPMIST DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE, OR ON ANY PARTICULAR DEVICE; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SERVICE AT YOUR OWN RISK.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of statutory consumer rights. Where that is so, the exclusions above apply to you only to the extent permitted, and nothing in these Terms affects statutory rights you have as a consumer that cannot be excluded or limited by agreement.
11. Limitation of Liability
11.1 Users outside the United Kingdom, the EEA and Australia
To the fullest extent permitted by applicable law:
- Deepmist will not be liable to you, under any theory of liability, for any indirect, consequential, incidental, special, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or relating to these Terms or the Service, even if we have been advised of the possibility of those damages.
- Deepmist’s total liability for all claims arising out of or relating to these Terms or the Service, regardless of the form of the action, is limited to the greater of (a) fifty United States dollars (US$50) or (b) the amount you paid to Deepmist in connection with the Service in the 90 days immediately preceding the date on which the first claim giving rise to the liability arose.
11.2 Users in the United Kingdom, the EEA and Australia
To the fullest extent permitted by applicable law:
- Deepmist will not be liable to you for any indirect or consequential loss, or for any loss of profits, revenue, data, goodwill or business opportunity, or for loss or damage that was not reasonably foreseeable when you began using the Service.
- We are not liable for loss or damage caused by your use of the Service in breach of these Terms, by a failure of your device, network or third-party software, or by anything outside our reasonable control.
- Deepmist’s total liability for all claims arising out of or relating to these Terms or the Service is limited to the greater of (a) fifty euros (€50) or (b) the amount you paid to Deepmist in connection with the Service in the 90 days immediately preceding the date on which the first claim giving rise to the liability arose.
11.3 Liability we do not exclude
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any other liability that cannot lawfully be excluded or limited. Nothing in these Terms affects your statutory rights as a consumer.
If you are in Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law, and nothing in these Terms excludes, restricts or modifies those guarantees.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. Where that is so, the limitations above apply to you only to the extent permitted.
12. Indemnification
12.1 Users outside the United Kingdom, the EEA and Australia
To the fullest extent permitted by applicable law, you will indemnify and hold harmless Deepmist Studios and its officers, directors, employees, agents, contractors and partners (together, the “Deepmist Parties”) from and against any liability, cost, expense, damage, fine or loss of any kind, including reasonable legal fees, incurred in connection with a third-party claim arising out of or related to (a) your use of, or conduct in connection with, the Service; (b) Your Content; (c) your breach of these Terms; or (d) your violation, misappropriation or infringement of the rights of anyone else. We may assume the exclusive defence and control of any matter subject to this indemnity, and you will cooperate with us if we do.
12.2 Users in the United Kingdom, the EEA and Australia
To the fullest extent permitted by applicable law, and without prejudice to any other remedy, you agree to compensate the Deepmist Parties for any reasonable loss, cost or expense they incur arising out of or related to (a) your use of, or conduct in connection with, the Service in breach of these Terms or of our lawful instructions; or (b) your violation, misappropriation or infringement of the rights of any third party. We may elect to control the defence and settlement of any such matter, exercising that election reasonably. This obligation applies only to loss that was reasonably foreseeable and that arises from your own breach or wrongdoing.
13. Dispute Resolution and Agreement to Arbitrate
This Section affects your legal rights. It requires most disputes to be resolved by individual arbitration rather than in court, and it waives your right to bring or take part in a class action. Section 13.3 tells you how to opt out within 30 days.
In this Section, a “Dispute” means any dispute, claim or controversy between you and Deepmist arising out of or relating to these Terms, the Privacy Policy or the Service, whether based in contract, tort, statute or any other legal theory.
13.1 Informal resolution first
Before starting an arbitration or court action, you and Deepmist agree to try to resolve the Dispute informally, and to do so in good faith. This is a condition precedent to starting arbitration.
To begin, send a written notice of dispute to support@deepmist.com, or by post to Deepmist Studios at the address in Section 17. The notice must state your name, an address and email address at which we can reach you, a description of the Dispute in reasonable detail, and the specific relief you are seeking, including how you calculate any amount claimed. We will send you a notice in the same form if we have a Dispute with you.
Neither you nor Deepmist may commence arbitration or, where permitted, court proceedings until 60 days after the notice was received, or such longer period as the parties agree in writing. During that period, both of us will make a genuine attempt to resolve the matter, including by discussing it by telephone or video call if either of us asks. Any limitation period is suspended while this process runs.
Only an individual may give a notice of dispute; a single notice cannot be given on behalf of several people.
13.2 Agreement to arbitrate
If a Dispute is not resolved during the informal resolution period, you and Deepmist agree to resolve it by final and binding individual arbitration, rather than in court, except as Section 13.7 provides and except where applicable law requires otherwise.
Arbitration is less formal than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, allows more limited discovery, and is subject to very limited review by courts. An arbitrator can award the same individual relief that a court could, including damages and, where available, injunctive or declaratory relief in favour of the individual party seeking it.
The arbitrator is bound by these Terms and has exclusive authority to decide questions about whether a Dispute is arbitrable, except that a challenge to the class-action waiver in Section 13.6 is decided as that Section provides.
13.3 Your right to opt out — 30 days
You may opt out of this agreement to arbitrate. To do so, send us written notice within 30 days of the date on which you first accepted these Terms.
Send it to support@deepmist.com with the subject line “Arbitration Opt-Out”, or by post to Deepmist Studios at the address in Section 17. The notice must:
- state clearly that you decline to arbitrate and wish to opt out of Section 13;
- give your full name and an address and email address at which we can reach you; and
- be signed by you personally and dated, and attached or enclosed as a legible scan, photograph or PDF if sent by email.
If you opt out, neither you nor Deepmist will be required to arbitrate Disputes with the other, and Section 14 (Governing Law and Judicial Forum) applies to them instead. Opting out has no other effect: you may carry on using the Service exactly as before, and we will not treat you differently for having opted out. If you do not opt out within 30 days, the agreement to arbitrate is binding on both of us.
13.4 Arbitration procedure — residents of the United States
If you are a resident of the United States, the arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect, as modified by these Terms, before a single arbitrator, on an individual basis. The JAMS rules and fee schedule are available at jamsadr.com.
The arbitration will be conducted in English. You may elect to have the arbitration conducted by telephone, by video conference, or on the basis of written submissions only; otherwise any in-person hearing will take place in a location reasonably convenient to you. Payment of fees is governed by the JAMS rules.
The agreement to arbitrate in this Section is governed by the United States Federal Arbitration Act, without regard to conflict-of-law rules.
13.5 Arbitration procedure — everyone else
If you are not a resident of the United States, the arbitration will be administered by the Center for Arbitration and Dispute Resolution (CADR) under its rules then in effect, in accordance with the Israeli Commercial Arbitration Law, 5784-2024 or, where that law does not apply, the Israeli Arbitration Law, 5728-1968, before a single arbitrator, on an individual basis.
The arbitration will be conducted in English and seated in Tel Aviv-Jaffa, Israel. You may elect to have the arbitration conducted by telephone, by video conference, or on the basis of written submissions only. Payment of fees is governed by the CADR rules.
13.6 Class action and collective arbitration waiver
To the maximum extent permitted by applicable law, you and Deepmist each agree that neither of us may: consolidate, join or coordinate a Dispute with the disputes of any other person or entity; participate in any class, collective, group, mass or representative arbitration or litigation; act as a class representative or class member; or bring a claim in a private attorney general capacity. Each of us expressly and unconditionally waives those rights. The arbitrator may award relief only to the individual party seeking it, and only to the extent needed to provide relief on that party’s own claims.
Any challenge to the validity or enforceability of this Section 13.6 must be decided by a court and not by the arbitrator. If this Section 13.6 is found to be invalid or unenforceable in whole or in part, then the whole of the agreement to arbitrate in this Section 13 is void — see Section 15. This Section is not severable.
13.7 Exceptions to arbitration
Nothing in this Section prevents either you or Deepmist from:
- bringing an individual claim in a small-claims court with jurisdiction over the matter, provided the claim stays in that court and is brought on an individual basis;
- seeking temporary or preliminary injunctive relief from a court to prevent the actual or threatened infringement, misappropriation or violation of intellectual property or other rights, pending the appointment of an arbitrator;
- applying to a court to compel arbitration, or to confirm, enforce, correct or set aside an arbitral award.
If you are in the United Kingdom or the European Economic Area, nothing in this Section deprives you of the right to bring proceedings in the courts of the country where you live, or of the protection of the mandatory consumer-protection law of that country. EEA consumers may also use the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/, although we are not obliged to take part in proceedings before an alternative dispute resolution body.
If you are in Australia, nothing in this Section limits any right you have under the Australian Consumer Law or your access to any regulator or tribunal.
14. Governing Law and Judicial Forum
These Terms, your use of the Service, and any Dispute arising out of or relating to either, are governed by the laws of the State of Israel, without regard to its conflict-of-law rules. This does not deprive a consumer of the protection of the mandatory law of the country in which they habitually reside.
Any Dispute that is not subject to arbitration, and that is not brought under one of the exceptions in Section 13.7, may be brought only in the competent courts of Tel Aviv-Jaffa, Israel, and you and Deepmist each consent to the jurisdiction of and venue in those courts. This does not affect the right of a consumer in the United Kingdom or the European Economic Area to bring proceedings in the courts of the country where they live.
15. Severability
Except as Section 13.6 provides, if any provision of these Terms is held to be unlawful, invalid or unenforceable, in whole or in part, that provision will be severed or read down to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
Section 13.6 (Class action and collective arbitration waiver) is expressly not severable from the agreement to arbitrate. If it is held to be invalid or unenforceable in whole or in part, the whole of Section 13’s agreement to arbitrate is void, and any Dispute will be resolved under Section 14 — but the limitations and restrictions in these Terms that apply to court proceedings will continue to apply.
16. General Provisions
16.1 Assignment
We may assign or transfer these Terms, in whole or in part, to any person or entity at any time, including in connection with a merger, acquisition or sale of assets, without your consent. You may not assign or transfer any of your rights or obligations under these Terms, and any attempt to do so is void.
16.2 Entire agreement
These Terms, together with the Privacy Policy and any supplemental terms we publish for a particular game, feature or promotion, are the entire agreement between you and Deepmist about the Service, and replace any earlier agreement or understanding about it. Where supplemental terms conflict with these Terms, the supplemental terms prevail for the game, feature or promotion they cover.
16.3 No waiver
Our failure to enforce any provision of these Terms is not a waiver of it, and does not prevent us from enforcing it or any other provision later.
16.4 Notices
We may give you notice by posting on deepmist.com, by a message inside a game, or by email to an address you have given us. Notices to us must be in writing and sent to support@deepmist.com or to Deepmist Studios at the address in Section 17.
16.5 Force majeure
We are not liable for any delay in performing, or failure to perform, our obligations where it is caused by something outside our reasonable control, including acts of God, war, terrorism, civil unrest, epidemic or pandemic, industrial action, fire, flood, failure of a public network or utility, or an act of a government or platform operator.
16.6 No third-party beneficiaries
These Terms are between you and Deepmist. Except for the Deepmist Parties named in Section 12, no other person has any right to enforce any of these Terms.
16.7 Language
These Terms are written in English. Any translation is provided for convenience only, and the English version prevails in the event of a conflict, except where the law of your country provides otherwise.
16.8 Interpretation
Section headings are for convenience only and do not affect interpretation. “Including” means “including without limitation”.
16.9 Survival
Sections 4, 5, 6.3, 10, 11, 12, 13, 14, 15 and 16 survive the end of these Terms or of your use of the Service.
17. Contact
Questions about these Terms are welcome:
Deepmist Studios
support@deepmist.com