Effective Date: August 29, 2025
THESE TERMS AND CONDITIONS (“TERMS”) APPLY TO YOUR USE OF THE WEBSITES OF SIA WAGON SOFTWARE (“LICENSOR,” “WE,” “US,” OR “OUR”) AND ITS AFFILIATES, INCLUDING ALL CONTENT, FEATURES, PRODUCTS, AND SERVICES AVAILABLE ON THESE WEBSITES (COLLECTIVELY, THE “WEBSITE”), REGARDLESS OF WHETHER YOU ARE A MERE VISITOR OR A REGISTERED USER. THESE TERMS ALSO COVER YOUR USE OF OTHER SERVICES OF THE LICENSOR THAT LINK TO OR INCORPORATE THESE TERMS (“ADDITIONAL SERVICES”). IN THESE TERMS, THE WEBSITE AND ADDITIONAL SERVICES ARE COLLECTIVELY REFERRED TO AS THE “SERVICES.” THE WEBSITE INCLUDES, BUT IS NOT LIMITED TO, https://subtrans.it/ AND https://subtrans.it/store.
YOU AND THE LICENSOR AGREE TO RESOLVE DISPUTES BETWEEN US THROUGH INDIVIDUAL ARBITRATION (NOT IN COURT). WE BELIEVE THAT AN ALTERNATIVE ARBITRATION PROCESS WILL ALLOW ANY DISPUTE TO BE RESOLVED MORE FAIRLY, QUICKLY, AND EFFICIENTLY THAN TRADITIONAL COURT PROCEEDINGS. BELOW, WE DESCRIBE THIS PROCEDURE IN DETAIL (WE HAVE HIGHLIGHTED IT IN CAPITAL LETTERS) BECAUSE IT IS OF SIGNIFICANT IMPORTANCE.
GENERAL INFORMATION ON ACCEPTANCE OF THESE TERMS
IF YOU DOWNLOAD, INSTALL, PROVIDE CONSENT IN SPECIAL FORMS, START THE GAME PROCESS, OR IN ANY OTHER WAY USE OUR PRODUCTS, YOU THEREBY CONFIRM THAT YOU HAVE CAREFULLY READ, UNDERSTOOD, AND FULLY ACCEPT THE TERMS SET FORTH BELOW, UNDERTAKE TO COMPLY WITH IT, AND BEAR RESPONSIBILITY FOR ANY VIOLATIONS. TO ENTER INTO THE AGREEMENT CREATED BY THESE TERMS, YOU MUST BE OF LEGAL AGE UNDER THE LAWS OF YOUR COUNTRY OF RESIDENCE. YOU BEAR FULL LEGAL AND FINANCIAL RESPONSIBILITY FOR ALL ACTIONS PERFORMED USING OUR SOFTWARE (OR ACCESS TO IT), INCLUDING THE ACTIONS OF ANY PERSON TO WHOM YOU PROVIDE ACCESS TO YOUR ACCOUNT. YOU CONFIRM THAT YOU HAVE REACHED THE AGE OF MAJORITY, UNDERSTAND, AND ACCEPT THESE TERMS (INCLUDING THE PROVISIONS ON DISPUTE RESOLUTION). IF YOU ARE NOT OF LEGAL AGE, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THESE TERMS.
YOU ALSO ACCEPT OTHER RULES AND POLICIES OF THE LICENSOR THAT ARE EXPRESSLY INCORPORATED INTO THESE TERMS. CAREFULLY REVIEW THEM:
End-User License Agreement (EULA)
1.DEFINITIONS
In these Terms, the following terms have the meanings indicated, unless otherwise specified: Licensor: SIA WAGON SOFTWARE, registered at: Rīga, Pļavnieku iela 2 - 59, LV-1021, Latvijas Republika. User or You: Any individual using the Services, including visitors, registered users, and purchasers. Products: Any games, applications, or other digital products that the Licensor has released or plans to release in the future, including versions in testing stages. Products include, but are not limited to, software (including all game software and any elements, components, content, or features therein), patches, updates, and improvements, related content, documentation, add-ons, services provided by the Licensor under these Terms, and/or copies of all the foregoing. In particular, this includes the game Subtransit Drive (a mobile game distributed through the App Store and Google Play), digital keys (licenses) for the game, license keys for additional content, and in-game currency. Services: The Website, online store, delivery of digital goods, and related features. Device: The device from which You use our Products, including mobile devices, tablets, personal computers, etc. Full Access: The premium version of the game, providing full basic functionality, including progression, accrual of experience points, and removal of restrictions. Digital Keys: Non-exclusive licenses to use the Products, delivered instantly without regional restrictions. The terms “acquires,” “obtains,” “purchases,” “purchase,” and similar terms used in the text of the Terms are used solely as conditional designations: they imply a non-exclusive license to use the Products, not a transfer of ownership.
Provision of Services via Official Mirror Sites
The Services may, at the sole discretion of SIA WAGON SOFTWARE, be made available through alternative official domains, subdomains, or mirror websites in order to ensure accessibility, comply with regional requirements, or provide optimized performance. Such mirror websites shall constitute an integral part of the Services and shall be governed by this Terms. The User agrees that use of the Services through any official mirror website is subject to the same rights and obligations as use of the primary website.
2. REGISTRATION AND USE OF SERVICES (ACCOUNT)
2.1. To use certain features of the Website (for example, purchases in the store, participation in gaming events, or access to personalized content), the User may register using third-party authorization systems, such as Sign in With Epic, Sign in With Apple, or similar services. By using these systems, the User agrees to the terms and policies of the respective providers, which are integrated into these Terms and Conditions as an integral part thereof. The Licensor shall not be liable for the actions, policies, or practices of these third parties, including data processing, but may receive limited data from them (such as username and unique user identifiers) for creating and managing the Account. The User acknowledges that the transfer of data to third parties is governed by their own privacy policies, and it is recommended to review them before authorization.
2.2. The Account is created automatically upon successful authorization through the specified systems. The User bears full and exclusive responsibility for the security of their credentials in these systems, including passwords, access tokens, two-factor authentication, and any other security measures. Any actions performed under the Account (including purchases, content interactions, communications, or settings changes) shall be deemed actions of the User, regardless of whether they were performed by the User personally or by third parties who gained access to the account. The User undertakes not to share their credentials with anyone, not to use the account for purposes not provided for in these Terms, and to immediately notify the Licensor of any suspicion of unauthorized access or account compromise. In the event of unauthorized access, the Licensor may suspend or block the account for investigation, but shall not be liable for any losses arising from such compromise if it occurred due to the User's fault.
2.3. By registering and using the Services, the User confirms and warrants that:
2.3.1. They are a fully capable person in accordance with the applicable legislation of their jurisdiction (including norms of international law, the European Union, the United States of America, and other relevant countries), meaning they possess full legal capacity and capacity to enter into these Terms and Conditions as a binding agreement.
2.3.2. They have reached the age of majority (at least 18 years old) or, if the User is a minor (under 18 years old), the registration and use of the Services are carried out solely with the prior explicit consent of parents or legal guardians who are familiar with these Terms and Conditions, the Privacy Policy, and all risks associated with the use of games and online services. Parents or guardians bear full responsibility for the actions of the minor User, including monitoring their activity, and agree that the Licensor does not perform age verification at the registration stage, relying on the honesty of the User and their representatives.
2.3.3. In jurisdictions where special rules apply to minors (for example, COPPA in the USA for children under 13 years old or GDPR in the EU for children under 16 years old regarding the processing of personal data), the User confirms that the registration complies with these norms, and the Licensor may require additional age verification or parental consent. Non-compliance with these requirements may result in immediate account blocking without reimbursement. The Licensor does not collect or store data on the User's age, except in cases required by law, and recommends that parents use parental control tools provided by the platforms.
2.4. The User bears full responsibility for the confidentiality of their data and access to the Account. This includes:
2.4.1. Storing passwords, tokens, and other credentials in a secure place not accessible to third parties.
2.4.2. Regularly updating passwords and using strong, unique combinations of characters.
2.4.3. Not disclosing credentials, including username or identifiers, if this may lead to a risk of compromise.
2.4.4. Monitoring account activity and immediately notifying the Licensor of any suspicious actions through support via email or the form on the Website. The Licensor stores only the minimally necessary data: username and unique user identifiers obtained from third-party authorization providers. These data are used solely for account management and provision of Services, in accordance with the Privacy Policy. The Licensor does not store passwords or other confidential User credentials, relying on the security of third-party systems. In the event of a confidentiality breach due to the User's fault (for example, due to phishing or negligence), the Licensor shall not be liable for any consequences, including data loss, financial losses, or infringement of third-party rights.
2.5. Prohibited Actions: The User agrees not to commit or facilitate the commission of the following actions, which may lead to account blocking or other sanctions:
2.5.1. Use of automated means, scripts, bots, or other tools for parsing content, automated orders, farming, or other manipulations of the Services.
2.5.2. Distribution of malicious software, viruses, trojans, spam, phishing messages, or any other harmful content.
2.5.3. Infringement of the intellectual property rights of the Licensor or third parties, including unauthorized copying, modification, or distribution of games, content, or materials.
2.5.4. Fraud, including the use of fake payment data, chargebacks without grounds, deception of other users, or attempts to bypass payment systems.
2.5.5. Any illegal actions in accordance with applicable legislation (including norms of the EU, USA, international law), such as discrimination, incitement to hatred, trade in prohibited goods, or violation of antitrust rules.
2.5.6. Creation of multiple accounts to circumvent restrictions, use of VPN or proxies to mask location for the purpose of violating geoblocks (if applicable).
2.5.7. Any actions that may damage the reputation of the Licensor, the Website, or other Users.
2.6. The Licensor reserves the right at any time to suspend, block, or delete the User's Account for violation of these Terms, prohibited actions, or for other justified reasons, without prior notice and without reimbursement of any payments or losses. If possible, the Licensor will notify the User of the reasons for blocking via email or through the notification system. The User may appeal the decision through the support service, but the final decision remains with the Licensor. In the event of blocking, all related data (except those required for compliance with the law) may be deleted.
2.7. The Services are provided "as is" and "as available," without any warranties of uninterrupted operation, absence of errors, full compatibility, or compliance with the User's specific expectations. The Licensor does not guarantee that the Services will be available at any time or in any jurisdiction and may make changes, updates, or suspend the Services without notice. The User uses the Services at their own risk, particularly with respect to data security and interactions with third parties. To the maximum extent permitted by applicable law (including norms of the EU and USA), the Licensor disclaims any implied warranties, including warranties of merchantability or fitness for a particular purpose.
3. GRANT OF LICENSE AND LICENSE TERMS
This section contains the general terms for granting a license to use the Products and is governed by a separate document – the End User License Agreement (EULA). The EULA is an integral part of these Terms and establishes detailed rules for the use of the Products' software. In the event of any contradictions or inconsistencies between the provisions of this section and the EULA, the provisions of the EULA shall prevail. By accepting these Terms, the User also agrees to the terms of the EULA in full.
3.1. Grant of License. The Licensor grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to install and use the Products' software on Devices that you lawfully own or control, solely for personal non-commercial purposes (the “License”). The rights granted by the Licensor under this License are subject to the provisions of these Terms and the EULA, and use of the License is permitted only in compliance with all applicable norms of international law, the legislation of the European Union, the United States of America, and other relevant jurisdictions. The License becomes effective from the date of your acceptance of these Terms and the EULA.
3.2. By accepting these Terms and the EULA, you acknowledge and confirm that the Products' software is provided to you under the License, and not as property, and the License does not convey to you any ownership rights or title to the Products' software. Any updates, modifications, or additions to the Products shall also be subject to this License and the EULA, and the Licensor reserves the right to make changes to the License terms with notice to the User in accordance with applicable law.
4. UNFAIR USE
This section establishes general rules and restrictions regarding the unfair use of the Products and Services, aimed at ensuring fair play, protecting the rights of other users, and complying with norms of international law, the legislation of the European Union (including GDPR and the Digital Services Directive), the United States of America (including DMCA and COPPA), and other relevant jurisdictions. Unfair use includes any actions that disrupt the game balance, provide an unfair advantage, or harm the community. Detailed definitions and procedures are governed by the End User License Agreement (EULA). The EULA is an integral part of these Terms and Conditions, and in the event of contradictions, the provisions of the EULA shall prevail. By accepting these Terms, the User agrees to the measures for detecting and preventing unfair use described below.
4.1. Definition of Unfair Use. Unfair use (including, but not limited to, cheating, exploits, or manipulations) includes any actions aimed at circumventing game rules, obtaining an unfair advantage, or violating the integrity of the Products. Such actions include:
4.1.1. Use, development, or distribution of third-party software, scripts, bots, hacks, mods, or other tools that automate gameplay, alter game code, provide information not available in standard mode (for example, wallhacks, speedhacks), or otherwise disrupt the balance.
4.1.2. Exploitation of bugs in the Products to gain advantages, including item duplication, infinite resources, or access to prohibited areas, without notifying the Licensor.
4.1.3. Manipulation of network connections, such as lag-switching, DDoS attacks on servers or other users, or use of VPN/proxies to bypass regional restrictions for unfair play.
4.1.4. Collusion with other users to artificially inflate ratings, farm resources, or engage in other forms of collaborative cheating.
4.1.5. Any other actions that the Licensor reasonably deems unfair, including violation of community ethical norms or creation of a toxic environment (for example, “griefing” or “trolling” in multiplayer modes). The User agrees not to commit or facilitate such actions, acknowledging that they may lead to legal consequences in accordance with applicable law.
4.2. Measures for Detection and Prevention. To maintain fair play, the Licensor may implement and require the installation of software or features for detecting unfair use (anti-cheat systems), such as monitoring in-game behavior, analyzing telemetry data, or scanning devices for prohibited software. These measures are implemented in accordance with the Privacy Policy and applicable data protection laws. The User gives explicit consent to: The collection of limited data on gameplay, such as: action logs, device characteristics, solely for the purposes of detecting violations, without transfer to third parties, except as required by law.
4.3. Consequences of Unfair Use. The Licensor reserves the right to the following measures in the event of suspicion or confirmation of unfair use, without prior notice and in accordance with the EULA:
4.3.1. Temporary or permanent blocking of the Account, including loss of access to purchases, game progress, and virtual items.
4.3.2. Revocation of the License to use the Products, with a requirement to delete all copies of the software from the User's Devices.
4.3.3. Refusal to reimburse any payments, including subscriptions or in-game purchases, if they were made in the context of a violation.
4.3.4. Transmission of information about the violation to law enforcement authorities or regulators, if the User's actions fall under criminal or administrative liability.
4.4. User's Responsibility. The User bears full responsibility for complying with fair play rules and acknowledges that unfair use may cause harm to other users, the Licensor's reputation, and the gaming ecosystem. The User agrees to cooperate with the Licensor in investigations and not to attempt to circumvent detection measures. To the maximum extent permitted by applicable law, the Licensor disclaims liability for any indirect losses arising from the application of anti-cheat measures, if they were implemented in good faith.
5. PRICE, GOODS, PAYMENT AND IN-GAME CURRENCY
5.1. Prices for Products and Services are displayed on the Website in selected currencies (such as EUR, USD), inclusive of applicable taxes and fees.
5.2. Payment is carried out through the payment solutions available on the Service, including internet acquiring and services of third-party payment operators. The User shall bear any fees associated with the execution of the transaction. All matters related to delays or processing of payments fall within the competence of the respective payment operators, and in such cases the User must contact their customer support directly. SIA WAGON SOFTWARE shall not be liable for any difficulties experienced by the User in connection with the interaction with payment solution services.
5.3. In-game currency, goods and pricing policy.
5.3.1. As part of the Services, the Licensor may offer the option to acquire virtual currency for use within the game (hereinafter — “Virtual Currency”), including the grant of a limited license thereto for a specified fee. In addition, virtual in-game items (hereinafter — “Virtual Goods”) are available, which may be obtained through a limited license paid for with money or Virtual Currency. Virtual Currency is intended to unlock access to additional game features, such as enhanced functions, exchange for in-game items, or removal of restrictions on progress.
5.3.2. By making a payment for Virtual Currency or Virtual Goods, you confirm that you are receiving only an extension of your License (as specified in section 3), allowing the integration of these elements into your usage experience. You agree that neither Virtual Currency nor Virtual Goods have any real financial value and cannot be converted into real money (in any form) or other assets with monetary equivalent. You also acknowledge that these elements are not intended for any investment purposes.
5.3.3. Notwithstanding any references to “acquisition” or “sale” of Virtual Currency or Virtual Goods outside of these Terms, you understand that they are provided solely under license, without transfer of ownership, in accordance with these Terms. Subject to compliance with all rules, the Licensor grants you a personal, non-exclusive, non-transferable license, not subject to gifting, exchange, trade, lease, sublicensing or other use. Any use of Virtual Currency or Virtual Goods not provided for by these Terms shall be deemed a violation and may result in the blocking of the Account. The Licensor retains all other rights, including full ownership and interests in the Virtual Currency and Virtual Goods, beyond the limited license granted.
5.3.4. The Licensor shall have the right, at its discretion, to modify, regulate, control or completely remove Virtual Currency and/or Virtual Goods. You accept that such changes may affect the perceived value or cost of these elements at any time, provided this does not contravene applicable law.
5.3.5. The Licensor may establish different pricing approaches for Services, Virtual Currency and Virtual Goods depending on the country, region or platform.
5.3.6. Certain Services, Virtual Currency and/or Virtual Goods may require payment through external platforms (“Stores”). Such transactions are also subject to the rules and conditions of the respective Stores.
5.3.7. By providing payment details to the Licensor or its authorized provider, you confirm that you are authorized to use this payment method and grant permission for the deduction of the full amount. You agree that payments for the extension of the License for Virtual Currency, Virtual Goods or other Services are final and non-transferable, except in cases stipulated by applicable law. You shall not be entitled to demand a refund for Virtual Currency or Virtual Goods after their activation or use, unless otherwise provided by applicable law. For refund inquiries, contact support at the specified contacts; the Licensor will review requests on a case-by-case basis but does not guarantee approval.
5.3.8. Purchases made within the application (in-app purchases) are processed by the respective distribution platforms (app stores), and refund requests are subject to their own policies and procedures, where the platform independently decides on the possibility and conditions of the refund.
5.3.9. You understand that, due to the specifics of digital gaming services, no exchange of tangible objects occurs here, and the value to the user consists in obtaining a license for digital features within the framework of the gaming services provided by the developer.
5.4. Full access: This is a premium option that unlocks the basic functionality in full, including progress, experience accumulation and removal of restrictions on individual elements. Activation occurs through a key or direct purchase, without the possibility of transfer to other users.
6. USE OF ACCOUNT BY MINORS
6.1. The application of this section is carried out taking into account the applicable legislation, regulations, and other policies for the protection of minors in the country (countries) or region (regions) of your residence, where applicable. The Licensor strives to ensure the safety and confidentiality of data of minor users in accordance with applicable laws, such as COPPA in the USA and GDPR in the EU.
6.2. General requirements: If the Services or Products are directed at an audience including children, or if the Licensor learns that the user is under the age established by law, then the collection of personal data requires prior consent of parents or guardians. Minors may not independently create an Account or use the Services without such consent.
6.3. Rules for the USA (COPPA): In accordance with the Children's Online Privacy Protection Act (COPPA), if the Services collect personal data from children under 13 years of age, the Licensor requires verifiable parental consent before collecting, using, or disclosing such data. Parents receive direct notification of privacy practices, including the types of data collected (for example, email, IP address), purposes of use, and parents' rights to review, delete data, or refuse further collection. For mixed audiences, the Services are not considered directed at children unless the user is identified as a child under 13 years of age. If you are a parent and suspect that your child has used the Services without consent, contact us to delete the data. COPPA does not permit the collection of data without consent for marketing or other purposes not related to the functionality of the Services.
6.4. Rules for the EU (GDPR): According to the General Data Protection Regulation (GDPR), for online services (Information Society Services) offered directly to children, consent to the processing of personal data of children under 16 years of age (or under the age established by the EU country — from 13 to 16 years) must be given by a parent or guardian. Children over the specified age may give consent independently. The Licensor ensures transparency: notifications about data are simple and understandable for children. Parents have the right to access, correct, delete the child's data, or withdraw consent. If the Services are not specifically directed at children, but data is collected, the general GDPR rules apply. In case of violation, the Licensor may suspend the Account until consent is obtained.
6.5. Additional measures: The Licensor may require age verification upon registration. Minor users must use the Services under parental supervision. Parents bear responsibility for the child's actions. If you are a parent/guardian, you may request information about the child's data or withdraw consent at any time through the Licensor's contacts. Violations may lead to the blocking of the Account. These measures supplement the Privacy Policy.
7. OWNERSHIP RIGHTS AND INTELLECTUAL PROPERTY
This section establishes rules regarding ownership rights and intellectual property (IP) in relation to the Products, Services, content, and related materials, in accordance with international law norms (including the Berne Convention for the Protection of Literary and Artistic Works, the Paris Convention for the Protection of Industrial Property), European Union legislation (including EU Directive 2001/29/EC on copyright in the information society, EU Regulation 2016/679 (GDPR) insofar as it relates to processing data connected with IP, and EU Directive 2019/790 on the digital single market), the United States of America (including the Copyright Act of 1976, the Digital Millennium Copyright Act (DMCA), and the Lanham Act on trademarks), and other relevant jurisdictions, including the laws of Latvia, where the Licensor SIA WAGON SOFTWARE is registered. All intellectual property rights belong exclusively to the Licensor SIA WAGON SOFTWARE or its rightsholders. Detailed provisions on the use of IP are governed by the End User License Agreement.
7.1. Licensor's Ownership Rights. All rights, titles, and interests in relation to the Products, Services, Website, software, games, content (including but not limited to text, graphics, images, audio, video, music, sound effects, scripts, characters, level designs, user interfaces, updates, additions, and derivative works) belong exclusively to the Licensor SIA WAGON SOFTWARE or its affiliates, partners, and licensors. This includes:
- Copyrights on original works, such as game code, artistic elements, and narrative.
- Trademarks, logos, trade names, and trade dress, registered or unregistered, in accordance with applicable legislation.
- Trade secrets, including confidential information about development and business processes.
- Any other forms of IP protected by international treaties and national laws. The license granted to the User in accordance with section 3 of these Terms and the EULA is limited and does not transfer any ownership rights. The User does not acquire any rights to the Licensor's IP except as expressly specified in the License for personal non-commercial use.
7.2. Prohibitions on Use of IP. The User agrees not to infringe the Licensor's IP rights and not to engage in the following actions without the Licensor's prior written consent:
7.2.1. Copying, reproducing, distributing, modifying, decompiling, reverse engineering, disassembling, or creating derivative works based on the Products or their components (including mods, fan content, or custom skins, unless expressly permitted in the EULA).
7.2.2. Using IP for commercial purposes, such as sale, rental, licensing, or integration into other products/services.
7.2.3. Removing, altering, or circumventing copyright notices, trademarks, or other IP markings.
7.2.4. Infringing the rights of third parties integrated into the Products (for example, licensed content from partners, such as music or characters from collaborations). Any violation may result in immediate revocation of the License, blocking of the Account, legal claims (including actions for damages, fines, and court costs), and notification of the relevant authorities.
7.3. User Content. If the Products or Services allow the User to create, upload, or share content (for example, custom mods, screenshots, reviews, or in-game content in multiplayer modes), the User grants the Licensor SIA WAGON SOFTWARE a non-exclusive, royalty-free, worldwide, perpetual, revocable license to use, reproduce, modify, distribute, and publicly display such content in connection with the provision of the Services (for example, for moderation, promotion, or integration into updates). The User warrants that their content does not infringe third-party IP, does not contain harmful elements, and complies with applicable laws. The Licensor bears no responsibility for user content but reserves the right to remove or block it at its discretion. In EU and US jurisdictions, the User has the right to withdraw consent to the processing of such content in accordance with GDPR or similar laws, but this may result in restricted access to the Services.
7.4. IP Protection. The Licensor SIA WAGON SOFTWARE reserves the right to take any measures to protect its IP, including monitoring the use of the Products, automatic detection of violations (in accordance with section 4 on unfair use), and cooperation with law enforcement authorities. The User agrees to notify the Licensor of any known IP infringements by third parties. In the event of IP disputes (for example, DMCA claims), the Licensor will follow the procedures provided by applicable legislation, including notifying the User and providing the opportunity to file a counter-notice. The Licensor shall not be liable for any damages arising from good faith measures to protect IP.
7.5. Disclaimer of Warranties Regarding IP. The Licensor provides no warranties that the Products do not infringe third-party IP, although it strives to comply with all norms.
8. CONFIDENTIALITY
8.1. General Principles.
8.1.1. The Licensor SIA WAGON SOFTWARE strives to protect the confidentiality of Users and processes data in the minimally necessary manner for the provision of Services.
8.1.2. Detailed rules for the collection, use, storage, and protection of data are governed by a separate document – the Privacy Policy. The Privacy Policy is an integral part of these Terms and Conditions, and in case of contradictions, its provisions shall prevail. By accepting these Terms, the User confirms that they have read and agree to the Privacy Policy in full, including providing explicit consent to the processing of their personal data.
8.2. Public Content. The User acknowledges that any messages, comments, images, audio or video recordings posted on forums, in game voice chats, community chats, public profiles, or similar places in the Products and Services are considered public and do not fall under confidentiality protection. Such materials may be visible to other users or third parties, and the Licensor bears no responsibility for their dissemination or use. The User bears full responsibility for the content of public content and agrees not to post confidential information in such places.
9. LIABILITY
9.1. Licensor's Liability. To the maximum extent permitted by applicable law, the Licensor SIA WAGON SOFTWARE shall not be liable for any direct, indirect, incidental, special damages (including loss of data, profits, reputation or other intangible losses) arising from the use or inability to use the Products and Services, even if the Licensor has been notified of the possibility of such damages. This includes, but is not limited to:
9.1.1. Failures, errors, delays or interruptions in the operation of the Services (for example, due to technical problems, cyberattacks or force majeure circumstances).
9.1.2. Damages from actions of third parties (for example, hacking attacks on third-party authorization systems or violations by other users).
9.1.3. Inaccuracies or incompleteness of content provided in the Products (for example, game descriptions or updates). The Licensor's total liability in any case is limited to the amount paid by the User for the Services during the last 12 months before the claim arose, or 100 euros (whichever is less), unless otherwise provided by imperative norms of law (for example, under GDPR for data breaches).
9.2. Disclaimer of Warranties. The Products and Services are provided “as is” and “as available”, without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement of IP or uninterrupted operation. The Licensor does not guarantee compatibility with the User's devices, absence of viruses or malicious software (although it takes reasonable measures for protection), or accuracy of any information. In jurisdictions where such disclaimers are limited (for example, in the EU under the Consumer Rights Directive), the minimum warranties provided by law apply.
9.3. User's Liability. The User bears full responsibility for:
9.3.1. Compliance with these Terms, EULA and applicable legislation, including indemnification to the Licensor for any damages caused by their actions (for example, IP infringements, unfair use or dissemination of malicious content).
9.3.2. Security of their devices, data and account, including consequences of unauthorized access.
9.3.3. Any interactions with other users or third parties through the Licensor's product features.
9.4. Force Majeure. Neither party shall be liable for failure to perform obligations caused by force majeure circumstances, such as natural disasters, wars, strikes, epidemics or government restrictions, if they were not caused by the fault of the party.
10. DISPUTE RESOLUTION
THIS SECTION APPLIES TO ALL USERS, REGARDLESS OF THEIR JURISDICTION, INCLUDING RESIDENTS OF THE UNITED STATES OF AMERICA. PLEASE READ CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
10.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Latvia, a Member State of the European Union, excluding its conflict of law rules. If the legislation of the User’s country of residence provides for mandatory rights that conflict with the provisions of this Agreement, such provisions shall be governed in accordance with the applicable local law.
10.2. ARBITRATION AGREEMENT: ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION AND NOT IN COURT. YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS. THE ARBITRATION SHALL BE CONDUCTED IN RIGA, REPUBLIC OF LATVIA, IN THE ENGLISH LANGUAGE. THE ARBITRAL AWARD SHALL BE FINAL AND BINDING.
10.2.1. The User agrees that any disputes or claims arising out of or in connection with this Agreement or the use of the Services shall be resolved through mandatory individual arbitration.
10.2.2. The arbitration proceedings shall be conducted in accordance with the rules of the International Arbitration Court of the Republic of Latvia or, if necessary, a competent arbitration body in the User’s jurisdiction.
10.2.3. The arbitral award shall be final and binding upon both parties.
10.3. Exceptions to Arbitration:
10.3.1. Each party shall have the right to seek injunctive relief or other measures for the protection of intellectual property rights before a court of competent jurisdiction.
10.3.2. If arbitration is for any reason impossible, the dispute shall be resolved before the courts of the Republic of Latvia, unless otherwise required by the local laws of the User.
10.4. Informal Resolution:
10.4.1. The User and SIA WAGON SOFTWARE agree to attempt to resolve any dispute by informal settlement within thirty (30) calendar days prior to the commencement of arbitration.
10.4.2. Notice of dispute must be submitted in writing to the email address abuse@wagon.llc
and shall include the claimant’s full name and contact details, a description of the dispute, and the relief sought.
10.5. Waiver of Class Actions:
10.5.1. The User agrees to bring claims solely on an individual basis and not as part of any class or representative proceeding.
10.5.2. Under no circumstances shall arbitration be conducted on a class basis. If this provision is found invalid, the entire section on dispute resolution shall be rendered null and void.
10.6. For residents of the United States, any disputes not subject to arbitration shall be resolved before courts of competent jurisdiction in accordance with the laws of the State of California, excluding its conflict of law rules.
11. CONTACTS
For any questions related to these Terms or the Services, you may contact SIA WAGON SOFTWARE by email: contact@wagon.llc.