TERMS OF SALE Last revised: 26th November 2024 IMPORTANT NOTICE: BEFORE YOU PLACE AN ORDER FOR EARLY ACCESS TO THE COREPUNK GAME AND GAMING SERVICES, YOU SHOULD READ THESE TERMS OF SALE AND EARLY ACCESS AGREEMENT WHICH COLLECTIVELY GOVERN ANY PURCHASE YOU MAKE FROM US AND USE OF EARLY ACCESS AND OTHER GAMING SERVICES. YOU SHOULD ALSO CAREFULLY READ THE PRIVACY AND COOKIE POLICY BEFORE PLACING AN ORDER AND MAKING PAYMENT. BY MAKING A PURCHASE, YOU HEREBY CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD (YOU ARE OF LEGAL AGE OF MAJORITY IN YOUR COUNTRY AND STATE OF RESIDENCE) AND ACCEPT THESE TERMS OF SALE AND EARLY ACCESS AGREEMENT, AS WELL AS THE PRIVACY AND COOKIE POLICY. BY MAKING A PURCHASE, YOU GIVE CONSENT TO PROCESSING YOUR PERSONAL DATA ACCORDING WITH THE PRIVACY AND COOKIE POLICY. ORDERING EARLY ACCESS TO THE COREPUNK GAME MEANS YOU PURCHASE AN E-KEY ALLOWING ACCESS AND USE OF THE EARLY ACCESS. THE EARLY ACCESS AND GAMING SERVICES ARE LICENSED, WITH NO TRANSFER OF RIGHTS. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS RELATED TO PLACING THE ORDER, PAYING FOR THE ORDER, AND USING OR ACCESSING OUR EARLY ACCESS TO THE COREPUNK GAME. THIS INCLUDES THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS YOUR ACCOUNT. BY MAKING A PURCHASE, YOU AFFIRM THAT YOU UNDERSTAND AND ACCEPT THESE TERMS (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF YOU ARE UNDER 18 YEARS OLD (OR OTHERWISE NOT OF LEGAL AGE OF MAJORITY IN YOUR COUNTRY OR STATE OF RESIDENCE) AND/OR DO NOT AGREE WITH THE TERMS OF SALE, EARLY ACCESS AGREEMENT AND THE PRIVACY AND COOKIE POLICY, YOU MAY NOT PLACE AN ORDER. ANY ORDER PLACED IN VIOLATION OF THIS CONDITION IS VOID. 1. Parties These Terms of Sale is a legal agreement (general terms and conditions) between 1.1 Us: COREPUNK B.V., a Dutch company, registered under number 69946868, a registered office at Jan van Galenstraat 335, 1061 AZ Amsterdam, the Netherlands, in respect of orders placed by customers, acceptance and check of orders and payments, (hereinafter referred to as “we”, “us” or “our”) and 1.2 You: A natural person ordering Early access to the COREPUNK GAME and Services in accordance with Terms of Sale (hereinafter referred to as “you,” “your,” or “customer”). 2. Definitions 2.1. "COREPUNK GAME" means the online computer video game as a service (GaaS) named “Corepunk” in version "Corepunk: Light Bless the King". 2.2. “Customer Support Email” refers to the following: * for questions regarding purchases, payments, cancellations and refunds, please contact: sales@corepunk.com. * for technical support or other inquiries, please contact: support@corepunk.com. 2.3. “Delivery Date” means the date when you have received an E-key to Early access to the COREPUNK GAME or In-game currency based on your Order to the email address you indicated during purchase or the date when you received other Gaming Services from us. 2.4. “Early access to the COREPUNK GAME” or “Early Access” means a pre-release (early access) version of the COREPUNK GAME that is not finished or fully developed, not released, and is still being developed. This version contains bugs and errors, may have interruptions, may be shut down for days, weeks or longer and may only be available at scheduled times. 2.5. “Early Access Agreement” means agreement that governs your access and use of Gaming Services, including but not limited to Digital content, In-game currency and Early access to COREPUNK GAME in version "Corepunk: Light Bless the King". The Early Access Agreement is available at the following link: https://raw.githubusercontent.com/Corepunk-B-V/corepunk-legal-documents/refs/heads/main/Early%20Access%20Agreement.txt 2.6. “E-key” means a unique, alphanumeric and numeric digital code provided to you to the email address you indicated during purchase, which you use to activate Early access to the COREPUNK GAME , In-game currency or other Gaming services. 2.7. “Gaming Services” means Early access to COREPUNK GAME, COREPUNK GAME, Digital content, In-game currency service and other game software (downloaded or streamed), and other software products and online services, including their online functions and other features, together with any of their update and upgrade, the related websites, the live events hosted, the servers, software and the framework through which they are provided to you, currently or in the future, by us, or any one of its subsidiaries or affiliated companies. 2.8. “In-game currency” or “In-game currency services” refers to a type of the Gaming services involving the use of virtual in-game currency (such as coins, points, or other forms of currency). 2.9. “Order” is an order placed for Early access to the COREPUNK GAME in version "Corepunk: Light Bless the King" or for other Gaming Services depending on the pack and in a quantity you have chosen on the Website. 2.10. “Order Fee” means the sum of money that a customer pays for an Order. 2.11. “Privacy and Cookie Policy” or “Privacy Policy” means Privacy and Cookie Policy available under the link https://raw.githubusercontent.com/Corepunk-B-V/corepunk-legal-documents/main/Privacy%20and%20cookie%20Policy.txt 2.12. “Terms of Sale” means these terms of sale, which is the set of general terms and conditions that governs your and our rights and obligations regarding the ordering, payment and delivery for Early access and other Gaming Services from us. 2.13. “Website” means our official website https://corepunk.com. 3. Early Access: What Exactly You Order 3.1. By placing and paying for an Order, you acknowledge and understand that you will purchase an E-key allowing access and use of Early access to the COREPUNK GAME in the version "COREPUNK: Light Bless the King". Early Access is licensed (a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license), with no assignment of rights. 3.2. You acknowledge, understand, and accept that you are placing an Order for Early access to the COREPUNK GAME which is still in the development stage, so we may make changes to improve your experience. By agreeing to these Terms of sale and placing an Order, you represent and warrant to us that you understand that the Early access to the COREPUNK GAME and the COREPUNK GAME configuration may change while you use Early Access. 4. Order Reservation Process 4.1. Orders shall be placed on the Website. Specifications and features of Early access to the COREPUNK GAME and other Gaming Services are described on our Website. 4.2. When placing an Order, you will be required to provide certain billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. We shall have no responsibility or liability for inaccurate information or information that later becomes outdated. You can update your information by sending an email to our Customer Support Email. 4.3. Payment of the Order Fee does not guarantee acceptance of your Order. Orders are completed when payment is approved by our payment provider and you have received a confirmation email from us. 4.4. You acknowledge and agree that we may reject your Order for any reason and at any time at our discretion; we may also decline or delay Orders in general as deemed appropriate by us. We will make efforts to inform you by email about rejection or decline within two (2) weeks of our receipt of your Order, and you will be entitled to a full refund of the Order Fee within 14 days after our rejection or decline. 4.5. If you have a question, comment, or concern regarding the Order, please contact us by sending an email to the Customer Support Email. 5. Price and Payment for the Order 5.1. You will be charged the Order Fee indicated on the Website when you place your Order using the payment methods we offer via our payment providers. After purchasing E-key, you will not need to pay more for the final release of the COREPUNK GAME in the version "Corepunk: Light Bless the King." 5.2. The Order Fee includes all taxes. 5.3. Placing an Order constitutes your express agreement to be charged the Order Fee using the provided and chosen payment method. 5.4. The price for the Order will depend on the order pack you choose. The order pack includes Early access to the COREPUNK GAME in version "Corepunk: Light Bless the King '', as well as any order pack bonuses described on the Website, and the released COREPUNK GAME in the version “Corepunk: Light Bless the King”. The rules for obtaining specific bonuses will be described on the Website. 5.5. The price for the Order will vary based on your region (country) of residence. In the event of a refund, the refunded amount will be adjusted according to the exchange rate effective on the date of the refund, in accordance with the payment provider's terms and conditions. Please note that the payment provider may charge additional fees if the payment is made in currencies other than Euros. 6. Delivery 6.1. After placing and paying for the Order, we will deliver the E-key to the email address you provided during the ordering process. If you do not receive the E-key within two (2) calendar days, please contact us via Customer Support Email. 6.2. Delivery of the E-key grants you access to the Early Access version of the COREPUNK GAME. The delivery of the E-key constitutes the fulfilment of your Order on the Delivery date. 6.3. You are solely responsible for the security and proper use of the E-key delivered to you. You must take all reasonable steps to ensure that the E-key is not shared, disclosed, or used by any third party without your authorization. Any unauthorised use of the E-key, resulting from your failure to secure it, will be deemed as your responsibility, and we shall not be liable for any loss or damage arising from such unauthorised use. 7. Cancellation and Refund 7.1. You have the right to withdraw from the Order and Early Access or other Gaming Services for any reason until the Early Access or other Gaming Services are available for you to download or access on Delivery Date. After this event, you hereby acknowledge that you lose your right of withdrawal from the Order or Early Access, or other Gaming Services and your right to a refund for the Order. 7.2. If for any reason Section 7.1. is not applicable to you based on local law, then this Section 7.2 should apply. Once the Early Access or other Gaming Services is made available for you to download or access on Delivery Date, you have the right to withdraw from the Order, Early Access or other Gaming Services within fourteen (14) calendar days for any reason provided that you have not used E-key to log in to the Early Access, or other Gaming Services or have not used Gaming Services. Your right to withdraw starts from the day after the Delivery Date. After this term, you hereby acknowledge that you lose your right of withdrawal from the Order and Early Access or other Gaming Services and your right to a refund for the Order. 7.3. In any case, you hereby acknowledge that you lose your right of withdrawal from Order: 7.3.1. and Early Access once the performance of the Early Access has begun and you have used (played) Early Access, in part or in full, for a duration of 4 (four) hours or more. 7.3.2. and other Gaming Services, once the performance of Gaming Services has begun. 7.3.3. and In-game currencies services, once the performance of our In-game currency service has begun and once access to the In-game currency has been enabled on the Game account. 7.4. To exercise the right of withdrawal, you should send an email to the Customer Support Email from the email address you used to make the Order and include the following: “I hereby give notice that I withdraw from my Order: ordering date:____, order number:____.“ We may request additional information to identify you and proceed with the refund. You will receive your refund within approximately 14 (fourteen) business days. 7.5. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. 7.6. We reserve the right to cancel your or all Orders by email or by announcement on the Website at any time for any or no reason and will refund you in full. We may request additional information to identify you and proceed with the refund. You will receive your refund within approximately 14 (fourteen) business days after our notification. 7.7. Chargebacks: All chargebacks for Order will be investigated thoroughly. Any fraudulent chargebacks will be contested, and we reserve the right to take legal action to recover the disputed amount, as well as to terminate your Game account and revoke access to all services and content associated with your Early Access and/or COREPUNK. 7.8. Account Security: Customers are responsible for maintaining the security of their accounts and for all activities that occur under their account. Any unauthorized use or breach of account security must be reported immediately to our Customer Support Email. 7.9. Payment Information: Orders with invalid or fraudulent payment information will be automatically cancelled and may be reported to the relevant authorities. We reserve the right to cancel Order or terminate account at our discretion if fraudulent activity is detected. 7.10. Excessive Cancellations and Refunds: Excessive cancellations and refund requests may result in account suspension, investigation, or both. We reserve the right to limit or refuse refund requests if abuse is suspected. 7.11. Automated Systems: The use of automated systems, including bots, to place Orders is strictly prohibited. Any orders placed using such systems will be cancelled, and we reserve the right to take legal action against individuals or entities employing such systems. 7.12. False Claims: False claims of non-receipt or defectiveness will be investigated. Customers found making false claims may be banned from future purchases, we may terminate or suspend your Game account and revoke access to all Gaming Services and content associated with your Early Access and/or COREPUNK, and legal action may be taken to recover any losses incurred due to such claims. 8. Specific terms of purchasing In-game currency services 8.1. Unless otherwise stated, the other sections of these Terms of Sale also apply. If there is any conflict between the terms in Section 8 and other provisions, the terms in Section 8 shall prevail for In-game currency purchases. 8.2. By placing and paying for In-game currency, you acknowledge that you are purchasing an In-game currency service granting you a limited, non-transferable, non-exclusive license to use the features of In-game currency in the Early Access and/or Corepunk game for personal use and that it does not represent a property interest of any kind. There is no assignment of rights. 8.3. In-game currency purchases are available globally, but we reserve the right to restrict or adjust availability in regions where sales may not comply with local laws, including tax or virtual currency laws. If your region imposes specific legal or tax requirements regarding virtual currency, we may withhold or modify In-game currency services accordingly and make no representation regarding their continuous availability. 8.4. In-game currency may be used solely in Early Access and the Corepunk game to purchase Virtual Goods (except In-game currency itself), such as cosmetic items such as skins, mounts, or other visual upgrades. Purchasing or using In-game currency does not provide any gameplay advantages. These items offer visual benefits only, such as making your character or Virtual goods appear more aesthetically pleasing. These items will not impact gameplay mechanics, character abilities, or competitive outcomes. 8.5. The price for the Order of In-game currency service will depend on the order pack you choose. The order pack includes quantity of In-game currency services, as well as any order pack bonuses described on the Website. The rules for obtaining specific bonuses will be described on the Website. We reserve the right to change the price of In-game currency service at any time. No refunds or compensation will be provided for price changes. 8.6. After purchase, you will receive an E-key for In-game currency as described in Section 6 of this Terms. 8.7. In-game currency has no monetary value and has no value outside of Early Access and/or Corepunk game and/or Gaming Services. In-game currency is solely for your personal use within Early Access and/or Corepunk game and/or Gaming Services. In-game currency can be gifted to another player before activation of the E-key. After activation of the E-key In-game currency cannot be transferred, gifted, sold, traded or exchanged between players; and/or for cash. Any attempt to transfer In-game currency will result in the forfeiture of the In-game currency and may lead to suspension or termination of Game account. 8.8. In-game currency is non-refundable, and you are not entitled to a refund for any unused In-game currency (purchased or gained via gameplay), except if required by law. Once you redeem In-game currency for Virtual Goods, these Virtual Goods are not returnable, exchangeable, or refundable. In-game currency does not expire, but if your Game account is terminated (either voluntarily or due to a breach), any unused In-game currency will be forfeited, and no refunds will be issued for the remaining balance. If you live in Japan, you agree to use any In-game currency within 180 days from the date of purchase. 8.9. We may limit the total In-game currency quantity that may be purchased at any one time or that may be held in your Game account. Prices and availability of In-game currency are subject to change without notice. 9. Limitations of Liability 9.1. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD FROM OUR SIDE. 9.2. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO CANCEL THE ORDER. IN NO CASE SHALL ANY LIABILITY OF US TO YOU EXCEED THE AMOUNT THAT YOU PAID TO US OR ITS AFFILIATES AND/OR DESIGNEES DURING THE SIX (6) MONTHS BEFORE THE TIME YOUR CAUSE OF ACTION AROSE FOR THE APPLICABLE ORDER GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE ORDER OR USE OF THE EARLY ACCESS TO THE COREPUNK GAME, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. 9.3. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATIONS AND/ OR LIABILITY. 10. Privacy and Cookie Policy We describe policies related to our collection and use of data in our Privacy and Cookie Policy, which is incorporated by reference. Please read our Privacy and Cookie Policy carefully to understand the data that we collect our practices regarding your information and how it will be treated. If you do not agree with the Privacy and Cookie Policy, you shall not place an Order. If you have any questions or concerns regarding your privacy, please contact us via Customer Support Email. 11. Modification We reserve the right, at our discretion, to change these Terms of Sale on a going-forward basis at any time. Your Order will be governed by the version of the Terms of Sale that you accepted at the time of placing the Order. Please review these Terms periodically for any updates when making future Orders. Disputes arising under the Terms of Sale will be resolved according to the version of the Terms in effect at the time the Order was placed. 12. Dispute resolution and governing law 12.1. To expedite resolution and control the cost of any dispute, controversy, claim or cause of action related to the Terms of Sale (“Dispute”), you and we agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any court proceeding. Such informal negotiations commence upon written notice from one person to the other. We will send our notice to the email address you have provided to us. You will send your notice to the addresses mentioned in the Contact details. 12.2. You agree to resolve any disputes with us only on an individual basis, and not as part of any class action or other representative proceeding. 12.3. If you entered into this Agreement with COREPUNK B.V., then this Agreement will be governed by the laws of the Netherlands. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. By agreeing to this Agreement, in the event of any claim you may have arising from or related to the Preorder or this Agreement you agree to the exclusive personal and subject matter jurisdiction of the courts located in Amsterdam, the Netherlands for making and resolving any such claims, and hereby waive any right to participate in any type of lawsuit brought and/or maintained as a class action or similar in nature to a class action. We reserve the right to make any claim against you and seek and be granted any legal or equitable remedy against you in any court anywhere in the world. 12.4. Attorneys' Fees. In the event any litigation is brought by either party in connection with the Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees, and other expenses incurred by such prevailing party in the litigation insofar permitted under the law. 13. Other terms 13.1. Assignment. We may assign Terms of Sale in whole or in part, to any person or entity at any time with and without your consent or notification. You may not assign Terms of Sale without our prior written consent and any unauthorized assignment by you shall be null and void. 13.2. Entire Agreement. Terms of Sale, Early Access Agreement and Privacy and Cookie Policy, each as amended and modified from time to time, together constitute the entire agreement between you and us with respect to the Order and Early Access, and supersedes all prior or contemporaneous communications, whether electronic, oral, or written, between you and us with respect to the Order; provided, however, that the Terms of Sale shall coexist with Early Access Agreement and Privacy and Cookie policies and other policies, terms and conditions, rules and guidelines published by us. 13.3. No Waiver. The failure by us to enforce any right or provision of the Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative. 13.4. Severability. If any part of the Terms of Sale is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of the Terms of Sale, and the other parts will remain in full force and effect. 13.5. Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control such as acts of God, war, terrorism, pandemics, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, power outages, circumstances caused by suppliers or shortages of transportation facilities, fuel, energy, labor or materials. 13.6. Contact information. 1. If to us. COREPUNK B.V., a Dutch company, to the following address Jan van Galenstraat 335, 1061 AZ Amsterdam, the Netherlands. Customer Support Email: * for questions regarding purchases, payments, cancellations and refunds, please contact: sales@corepunk.com. * for technical support or other inquiries, please contact: support@corepunk.com. If the Customer sends emails to or replies to email addresses other than the designated Customer Support email address (for instance but not limited to noreply@corepunk.com, such emails will be considered unattended, and we shall not be obligated to respond. 2. If to You. All notices given by us under this Agreement shall be given to you either through written notice, email, or website blog post. 13.7. The provisions of Sections 8 “Limitations of Liability”, 12 “Dispute resolution and governing law”, 13 “Other terms” shall survive termination of the Terms of Sale for any reason.