Terms of Service

1. Acceptance of Terms

By creating an account or using Scale: Rise of Dragons (the "Game") and the related websites, apps, and services (together, the "Service") operated by Upscale Games ("we", "us", or "our"), you agree to be bound by these Terms of Service (the "Terms") and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

PLEASE READ SECTION 15 CAREFULLY. IT CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED BELOW.

2. Eligibility

You must be at least 13 years old to create an account and use the Service. If you are under 18 (or the age of majority where you live), you represent that your parent or guardian has reviewed and agreed to these Terms on your behalf. In the EU and EEA, where a member state sets a higher digital-consent age (up to 16), you may use the Service only if you meet that local age or have the consent of a parent or guardian. By using the Service, you represent that you can form a binding contract with us and are not barred from doing so under applicable law.

3. Accounts and Account Security

You are responsible for:

• Providing accurate account information and keeping it up to date
• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying us immediately at contact@upscale.games of any unauthorized access

You may not share, sell, transfer, or buy accounts, or let anyone else use your account. You may delete your account at any time from within the Service. We may suspend or terminate accounts as described in Section 12.

4. License to Use the Game

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for your own non-commercial entertainment. This license does not transfer any ownership to you, and all rights not expressly granted are reserved by us.

5. Acceptable Use

When using the Service, you agree not to:

• Use cheats, exploits, automation software, bots, or any unauthorized third-party tools
• Intentionally exploit bugs or glitches in the Game
• Harass, threaten, bully, or abuse other players, or post hateful, obscene, defamatory, or unlawful content
• Impersonate any person or entity, or choose a username that infringes rights or is offensive
• Buy, sell, or trade accounts, virtual items, or virtual currency for real-world value outside the Service
• Attempt to gain unauthorized access to our systems or other users' accounts
• Scrape, harvest, reverse engineer, or interfere with or disrupt the Game or its infrastructure
• Use the Service for any unlawful or fraudulent purpose

6. User Content and Conduct

The Service lets you create and share content such as chat messages, usernames, deck names, and lobby names ("User Content"). You retain ownership of your User Content, but you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, and use it to operate, moderate, and improve the Service. You are solely responsible for your User Content and represent that you have the rights to share it and that it does not violate these Terms or any law.

Chat and certain profile information (such as your username, ratings, and achievements) may be visible to other players or publicly. We are not obligated to monitor User Content, but we may review, moderate, remove, or restrict any content or account, and we may act on player reports, at our discretion. You interact with other players at your own risk.

7. Virtual Items and Virtual Currency

The Service may offer virtual currency (such as "Treasure"), virtual items (such as skins, chests, and deck slots), and other in-game content (collectively, "Virtual Goods"). Virtual Goods are licensed to you, not sold, and you receive only a limited, personal, revocable license to use them within the Service.

• Virtual Goods have no real-world or monetary value and are not your property
• They cannot be transferred, sold, traded, or redeemed for cash or anything of value outside the Service, except where we expressly allow it
• We may create, modify, manage, price, remove, or limit Virtual Goods, including changing balance or availability, at any time
• Your license to Virtual Goods ends if your account is terminated or if the Service is discontinued, and such Virtual Goods may be forfeited without refund

Some items, such as chests, grant randomized rewards. When you open or purchase a randomized item, you receive a reward selected at random based on rarity probabilities, and you are not guaranteed any specific reward.

8. Purchases, Subscriptions, and Refunds

Payments are processed by our payment provider, Stripe; we do not receive or store your full payment-card details. You authorize us and Stripe to charge your selected payment method for your purchases, plus any applicable taxes. You represent that you are authorized to use the payment method you provide.

Subscriptions automatically renew for successive periods at the then-current price until you cancel. You may cancel at any time from your account settings; cancellation takes effect at the end of the current billing period, and you keep access until then. We may change subscription prices or features on a going-forward basis with reasonable notice.

Except where required by applicable law, all purchases are final and non-refundable, including Virtual Goods and any unused portion of a subscription period. Physical merchandise is fulfilled by a third-party provider; title and risk of loss pass on shipment, and any returns or defects are handled in accordance with applicable consumer-protection law. If you initiate a chargeback or payment dispute, we may suspend your account and revoke related Virtual Goods.

9. Intellectual Property

All content in the Service, including card artwork, game mechanics, logos, text, audio, and software, is the property of Upscale Games or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without our express written permission. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without obligation to you. We respect intellectual property rights; if you believe content on the Service infringes your copyright, contact us at contact@upscale.games with the details required under the U.S. Digital Millennium Copyright Act (DMCA).

10. Third-Party Services

The Service relies on third parties, including Stripe (payments), Google (email delivery and optional Google Sign-In), RealRate (ratings and leaderboards), and a print-on-demand provider (physical merchandise). Your use of those services may be subject to their own terms and privacy policies. We are not responsible for third-party services or for any external websites we may link to.

11. Game Changes and Availability

We reserve the right to modify, update, suspend, or discontinue any aspect of the Service at any time, including game mechanics, card balance, features, and content, and to offer beta or experimental features that may change or be removed. We will make reasonable efforts to communicate significant changes but are not obligated to maintain any particular feature or functionality.

12. Suspension and Termination

We may suspend or terminate your access to the Service at our discretion if you violate these Terms or engage in conduct we determine is harmful to other users or to the integrity of the Game. You may delete your account at any time. Upon termination, your license to use the Service and any Virtual Goods ends and may be forfeited without refund, except as required by law. Sections that by their nature should survive termination (including Sections 7–10 and 13–16) will survive.

13. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not guarantee uninterrupted, secure, or error-free access, that defects will be corrected, or that data will not be lost. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume all risk arising from your interactions with other players.

14. Limitation of Liability

To the fullest extent permitted by applicable law, Upscale Games and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, goodwill, or Virtual Goods, arising from or relating to your use of the Service. Our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the total amount you paid us in the 12 months before the event giving rise to the claim, or (b) USD $100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

15. Indemnification

You agree to indemnify and hold harmless Upscale Games and its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Service, your User Content, your violation of these Terms, or your violation of any law or the rights of a third party.

16. Dispute Resolution, Arbitration, and Governing Law

These Terms are governed by the laws of the State of Minnesota, without regard to its conflict-of-law rules.

Informal resolution first. Before starting an arbitration or court proceeding, you agree to email us at contact@upscale.games with a description of your dispute and to work with us in good faith to resolve it for at least 30 days.

Binding arbitration. Except as provided below, any dispute that is not resolved informally will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration may be conducted by video, phone, in writing, or in person in or near the county where you reside. You and we waive the right to a jury trial.

Class-action waiver. Disputes will be arbitrated only on an individual basis. You and we waive any right to bring or participate in a class, collective, consolidated, or representative action. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court.

Exceptions and opt-out. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief for intellectual- property infringement or unauthorized access. You may opt out of this arbitration agreement by emailing contact@upscale.games within 30 days of first accepting these Terms; if you opt out, disputes will be resolved exclusively in the state or federal courts located in Minnesota, and you consent to their jurisdiction.

17. Changes to These Terms

We may update these Terms from time to time. We will notify you of significant changes by posting the updated Terms on our website with a revised "last updated" date. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

18. Miscellaneous

These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for failures or delays caused by events beyond our reasonable control.