Terms of Service (“TOS”)

Updated: April 16th, 2023

These terms of service (“TOS”) apply to you and Kalyna Digital OÜ (16334482), Harju maakond, Tallinn, Lasnamäe linnaosa, Lõõtsa tn 5 // Sepapaja tn 4, 11415, (“Kalyna Digital”) regarding your use of Kalyna Digital games, websites, discussion forums and related services (“Services“). Use of the Services is also governed by Kalyna Digital Privacy Notice available at https://kalynadigital.com/privacy-policy/ , incorporated by reference.

IMPORTANT NOTICE: For U.S. and Canadian residents, you agree that disputes with Kalyna Digital must be resolved individually through final and binding arbitration as described in Section 8 (“Dispute Resolution”).

You must agree to these TOS as a precondition for using the Services. If you accept these TOS, you represent age 13 or older. Suppose you are between 13 and 17 and need the authority to enter into agreements. You represent that your legal guardian or a holder of parental responsibility has reviewed and agreed to these TOS.

Before accessing or using the Service, including browsing any Kalyna Digital website or a game, you must agree to these Terms of Service and the https://kalynadigital.com/privacy-policy/ . A guest account may be created for you to use the Service, and you may also be required to register an account on the Service (collectively “Account”). These accounts include, for example, game Accounts. By using or registering for an Account or otherwise using the Service, you affirm that you are the legal age of majority in your country of residence. If you are not, your legal guardian must review and agree to these Terms of Service.

BY INSTALLING, USING, OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

By using or otherwise accessing the Services, you agree to these TOS. If you disagree with these TOS, you may not use or otherwise access the Services.

Unless otherwise specified by a component of an applicable Service, the Services are free to use or download. Still, they may contain features that allow you to make purchases within the Services.

If you access the Services from a social networking site (“SNS“), such as Facebook, you agree to comply with its terms of service and these TOS.

Kalyna Digital may issue additional policies related to specific components of the Services (including, but not limited to, forums, contests, sweepstakes, or loyalty programs). Your right to use the Services is subject to relevant policies and these TOS.

1. Right to Use the Services

Subject to these TOS, Kalyna Digital grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.

Except as previously set forth, you do not receive any other license. Kalyna Digital retains all rights, titles, and interests in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without Kalyna Digital prior written consent. Kalyna Digital reserves all rights not expressly granted to you herein.

The Services and their contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service, including, but not limited to, the Virtual Items or currency appearing in or originating from the Services, whether earned in the Services or purchased from Kalyna Digital or third parties.

2. Purchases in the Services

Kalyna Digital may license to you certain virtual goods to be used within the Service and which you may purchase with “real world” money or which you may earn or redeem via gameplay (“Virtual Items“). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use.

Kalyna Digital may manage, control, modify, or eliminate Virtual Items at any time, with or without notice.

The transfer of Virtual Items is prohibited except where expressly authorized in the Services, as applicable.

Virtual Items do not have an equivalent value in real-world money and are not a substitute for real-world money. Neither Kalyna Digital nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Kalyna Digital is not liable for hacking or loss of your Virtual Items.

The price and availability of Virtual Items are subject to change without notice.

By law, all purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in the Services is a process that commences immediately upon purchase and that you forfeit your right of cancelation once the process has started.

Accordingly, you agree that Kalyna Digital is not required to refund Virtual Items for any reason. You further acknowledge that you will not receive money or other compensation for unused Virtual Items, regardless of whether your loss of license under these TOS was voluntary or involuntary.

Suppose you ask for your personal data to be deleted as described in Kalyna Digital Privacy Notice. In that case, you will permanently forfeit all of your Virtual Items without the right to refund, as Kalyna Digital will no longer be able to associate such Virtual Items with you.

3. Code of Conduct

You agree that you will not, under any circumstances:

Use, directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Services.
Use the Services in violation of any applicable law or regulation.
Use the Services for commercial purposes, including, but not limited to, advertising, solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramids, or other get-rich-quick schemes.
Use the Services for fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity or otherwise misrepresent your affiliation with a person, entity, or the Services;
Disrupt, interfere with, or otherwise adversely affect the normal flow of the Services or otherwise act that may negatively affect other users’ experience when using the Services.
Disrupt, overburden, or assist in disrupting or overburdening any computer or servers used to offer or support the Services.
Attempt to gain unauthorized access to the Services, to accounts registered to others, or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Kalyna Digital, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying, any security, technology, device, encryption, or software that is part of the Services.
Post any information, content, or other material (or post links to any information or content) that contains nudity, excessive violence, or is abusive, threatening, obscene, defamatory, libelous, racially, sexually, religiously offensive, or otherwise objectionable.
Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.
Attempt to harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including Kalyna Digital employees, directors, officers, and customer service representatives.
Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or another right of any person or entity or which impersonates any other person, including, but not limited to, a Kalyna Digital employee, director or officer.
Unless expressly authorized by law, attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed, or stored by Kalyna Digital, or to obtain any information from the Services using any method not expressly permitted by Kalyna Digital.
Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services.
Harvest, scrape, or collect any information about or regarding other people that use the Services, including, but not limited to, through the use of pixel tags, cookies, GIFs, or similar items that are sometimes also referred to as spyware.
Post anyone’s private information, including personally identifiable information/personal data (whether in text, image, or video form), identification documents, or financial information through the Services.
Engage in any act that Kalyna Digital deems to conflict with the spirit or intent of the Services or make improper use of Kalyna Digital support services.

4. Third-Party Services

Services may include links to third-party services (including, but not limited to, advertisements displayed by third parties), and/or the third-party services may be made available to you via Services. These services may include but are not limited to gameplay recording and sharing, social media connectivity, and advertisements. These services are subject to respective third-party terms and conditions. Please read these third-party terms and conditions carefully, as they constitute an agreement between you and the relevant third-party service provider to which Kalyna Digital is not a party.

Some aspects of the Services may enable you to create an account or otherwise register with the Services (“Account”). You may be required to select a password for your Account, or you may also use other credentials to access the Account (“Login Information“). You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you are responsible for all uses thereof, including purchases. Kalyna Digital may assume that anyone logging into your Account using your Login Information is either you or someone logging in with your permission.

Kalyna Digital reserves the right to delete your Account if Kalyna Digital observes no activity by you in relation to the Account for 180 days or more. In such event, you may no longer be able to access and/or use any Virtual Items associated with that Account, and no refund will be offered.

6. User Contributions

The Services may allow you to create content, including, but not limited to, gameplay maps, characters, screenshots, or videos of your gameplay (collectively “User Contributions”).

In exchange for the use of the Services, you hereby grant Kalyna Digital a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind.

Where not expressly prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Kalyna Digital and other players’ use and enjoyment of your User Contributions in connection with the Services and related goods and services under applicable law. This grant of license to Kalyna Digital, and the foregoing waiver of any appropriate moral rights, survives any termination of these TOS.

Kalyna Digital, its directors, officers, and employees do not accept or consider unsolicited ideas or product submissions of any kind (e.g., game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts, or any other creative materials) in any format, through any transmission (“Unsolicited Content”). Please do not submit any Unsolicited Content to Kalyna Digital or its directors, officers, or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of what you otherwise state in your accompanying message. You further agree that such Unsolicited Content may be used and exploited by Kalyna Digital without compensation to you or any third party, and you grant Kalyna Digital a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, sub-licensable, and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.

7. Communications between Users of the Services

Kalyna Digital assumes no responsibility for the conduct of other users of the Services and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Kalyna Digital does not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk.

By using the Services, you may be exposed to content or conduct that is offensive, indecent, or otherwise not in line with your values. Kalyna Digital may utilize technology to monitor and/or record your interactions with the Services or communications (including, but not limited to, chat text) when using the Services. You irrevocably consent to such monitoring and recording. Accordingly, you agree that you have no expectation of privacy concerning the transmission of any content within the Services, including, but not limited to, chat, text, or voice communications.

Kalyna Digital reserves the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time. If at any time Kalyna Digital chooses, at its sole discretion, to monitor the Services, Kalyna Digital nonetheless assumes no responsibility for content made available by users of the Services, and Kalyna Digital assumes no obligation to modify or remove any inappropriate content.

8. Suspension and Termination for your Breach

WITHOUT LIMITING ANY OTHER REMEDIES, SUPERCELL MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF WITH OR WITHOUT NOTICE TO YOU (i) IF YOU ARE, OR KALYNA DIGITAL SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH THESE TERMS OF SERVICE; OR (ii) FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED VIRTUAL ITEMS AND PURCHASED VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND KALYNA DIGITAL IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES AND THEIR CONTENT, SERVICES, AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

KALYNA DIGITAL RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

KALYNA DIGITAL reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time. At this point, your right to use the Service or a portion thereof will be automatically terminated. In such event, Kalyna Digital shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof, including any content you submitted or others submitted.

You may terminate your Account at any time and for any reason by following the process described on our support page located at informing Kalyna Digital legal@kalynadigital.com that you wish to terminate your Account.

9. Availability of the Services

f you are a resident of the United States or Canada, you agree that any claim or dispute you may have against Kalyna Digital that is not subject to arbitration under Section 17 must be resolved exclusively by a federal or state court located in San Francisco, California. You and Kalyna Digital consent to venue and personal jurisdiction in San Francisco, California, for all such claims or disputes.

If you are a resident outside of the United States and Canada, you agree that any claim or dispute you may have against Kalyna Digital must be resolved exclusively by a court in the United Kingdom.

10. Disclaimer

To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” without warranty, assurances, or guarantees. It may have defects, and your use is solely at your risk. Kalyna Digital does not make and hereby disclaims any and all express, implied, or statutory warranties, including implied warranties of condition, uninterrupted use, the accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. Kalyna Digital does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or that any errors in the Services will be corrected. No oral or written advice provided by Kalyna Digital, its employees, or other representatives constitutes a warranty.

Some jurisdictions do not allow disclaimers like those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights you may have as a consumer of the Services.

11. Limitations of Liability

In no way will Kalyna Digital be liable for special, incidental, or consequential damages resulting from access, use, or malfunction of the Services, including but not limited to damages to property, loss of goodwill, device failure or malfunction, and the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Kalyna Digital has been advised of the possibility of such damages. For purposes of Article 12, “Limitations of Liability” Kalyna Digital’s licensors and other partners are third-party beneficiaries of the limitations of liability specified herein and may enforce these TOS against you.

In no way will Kalyna Digital’s total aggregate liability arising out of or in connection with these TOS, the Privacy Notice, or the Services exceed the higher of: (i) the actual price (if any) you paid for the license to use Virtual Items; or (ii) one hundred euros (€100). The exclusions and limitations of damages are fundamental elements of the basis of the agreement between Kalyna Digital and you.

Some jurisdictions do not allow certain limitations of liability, such as those stated above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer of the Services.

You agree to indemnify, defend and hold Kalyna Digital (and Kalyna Digital´s officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your use of the Services, or any breach by you of these TOS; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behavior.

12. Copyright and DMCA

If you believe the Services or any of its content infringes your copyrights, please send a notice to: Kalyna Digital OÜ (16334482), Harju maakond, Tallinn, Lasnamäe linnaosa, Lõõtsa tn 5 // Sepapaja tn 4, 11415 or via email to: legal@kalynadigital.com Notices sent to the specified address will reach Kalyna Digital registered DMCA agent.

Please include all of the following in your DMCA notice:

Identify the copyrighted work that you claim has been infringed. You may provide a representative list if your DMCA notice covers multiple works.
Identify what you claim is the infringing material, including a description of where the material is located. Your description must be reasonably sufficient to enable Kalyna Digital to locate the material.
Provide your full legal name, mailing address, telephone number, and (if available) email address.

Include the following statement in the body of the DMCA notice:

“I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the copyright owner or authorized to act on the copyright owner’s behalf.”

Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that material or activity is causing infringement, you may be liable for damages, including the costs and attorney’s fees incurred by our users or us. If you are unsure whether the material or activity you report is causing infringement, you may wish to contact an attorney before serving a notice to Kalyna Digital.

13. Links to Third-party Products and Services

Kalyna Digital may link to third-party websites or services from the Services. You understand that Kalyna Digital makes no promises regarding any content, goods, or services such third parties provide, and you know Kalyna Digital does not endorse them. Kalyna Digital is also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to these third parties are your responsibility. You understand that when you provide data to such third parties, you are providing it in accordance with their privacy policy (if any), and you know Kalyna Digital Privacy Notice does not apply in relation to such data.

14. Changes to these TOS

Notwithstanding Article 8, “Binding arbitration / Class Waiver” Kalyna Digital may update these TOS from time to time in response to changing legal, technical, or business developments. When Kalyna Digital updates these TOS, Kalyna Digital will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes Kalyna Digital makes.

By continuing to access or use the Services after updates become effective, you agree to be bound by the updated TOS.

15. Governing Law

If you are a United States resident, in addition to Article 17 below, “Binding Arbitration / Class Waiver,” these TOS are governed by the laws of the State of California and applicable federal laws regardless of conflict of law provisions. If you are a resident outside the United States, you agree that all disputes between you and Kalyna Digital shall be governed by the laws of Estonia, regardless of conflict of law provisions. You agree that any claim or dispute you may file against Kalyna Digital must be resolved exclusively by a court located in Estonia.

If the jurisdiction of your domicile prohibits Kalyna Digital from enforcing the governing law provision, nothing in these TOS limits your rights based on the laws governing your domicile.

16. Assignment, Severability, and Entire Agreement

Kalyna Digital may assign these TOS, in whole or in part, to any person or entity at any time, with or without your consent. You may not assign or delegate rights or obligations under these TOS or the Privacy Notice without Kalyna Digital’s prior written consent, and any unauthorized assignment and delegation by you are void.

If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. Kalyna Digital’s failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.

This TOS and Privacy Notice set out the entire agreement between you and Kalyna Digital regarding the Services and supersede all earlier agreements and understandings between you and Kalyna Digital.

Failure by Kalyna Digital to exercise or enforce any of its rights under these TOS does not waive its right to enforce such rights. Any waiver of such rights shall only be effective if it is in writing and signed by an authorized representative of Kalyna Digital.

If you have any questions about these TOS, please contact legal@kalynadigital.com

17. Dispute Resolution

You and Kalyna Digital agree that the processes for dispute resolution described in this agreement will apply to any dispute or claims related to these Terms of Service, the Privacy Policy, or the Service. Disputes include any claims, including but not limited to legal, equitable, or statutory claims. Processes for dispute resolution will apply even if you stop using your Account, delete your Account, or stop using the Service. They will also apply to disputes that arose before we entered this agreement.

Sections 17.1 to 17.6 apply to you if you are a United States or Canadian resident. They do not apply to you if you are a resident of any other country.

17.1. Informal Dispute Resolution

You must try to informally resolve any dispute directly with Kalyna Digital for at least thirty (30) days before you start an arbitration. The informal dispute resolution process begins when you give Kalyna Digital written notice of the dispute through legal@kalynadigital.com

17.2. Arbitration Agreement

You and Kalyna Digital agree to resolve any disputes exclusively in final and binding arbitration as follows:

You or Kalyna Digital may choose to submit any dispute for resolution exclusively by final and binding arbitration unless the claim is within the exceptions described below. If you or Kalyna Digital brings a lawsuit in court that can be resolved by arbitration under this section, then either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator will have the exclusive authority to decide whether any portion of Section 17 (“Dispute Resolution”) is valid or enforceable or whether it applies to a claim.

An arbitration proceeding will be held before a neutral arbitrator. This means you and Kalyna Digital agree to give up the right to resolve the dispute in a trial before a judge or jury. Arbitration has different rules than more formal lawsuits. For example, the ability to force the other side to share information may be more limited than the process called discovery in legal lawsuits. After the arbitrator decides the outcome, that decision will be final. You or Kalyna Digital can ask the arbitrator to put a judgment or award and the reasons for it in writing. Either of us can ask a court to confirm or enter the arbitrator’s final decision or award, which will make it the same as a court judgment. You and Kalyna Digital will generally not be able to change the outcome of arbitration through courts outside of very limited circumstances.

17.3. Arbitration Process

The American Arbitration Association (“AAA”) will run the arbitration. AAA’s rules and procedures will be used for the arbitration, including the Consumer Arbitration Rules. But if there is a conflict between these Terms of Service and AAA’s rules and procedures, then we will follow these Terms of Service. To review AAA’s Rules or start an arbitration, you can visit AAA’s website. If either of us decides to begin an arbitration, we agree to provide the other party with a written Demand for Arbitration as specified in the AAA Rules.

The arbitration fees will be determined by AAA’s Consumer Arbitration Rules. If the arbitrator decides that those fees are excessive, Kalyna Digital will pay the fees. Each side will pay their attorneys’ fees and costs unless the claims allow the prevailing party to recover attorneys’ fees and expenses, in which case the arbitrator may award them under the applicable law. If either party unsuccessfully challenges the validity of the arbitrator’s decision or is awarded through a subsequent court case, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the challenge.

The arbitration will take place either in San Francisco, California, USA or in the county or province where you reside.

17.4 Exceptions to Agreement to Arbitrate

You and Kalyna Digital agree that the arbitration agreement in Section 17.2 will not apply to the following disputes:

Claims about Supercell’s intellectual property, such as claims to enforce, protect, or concern the validity of Kalyna Digital copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights.
Claims related to piracy or tortious interference.
Claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law would allow for an arbitration agreement.
Claims in small claims court.

Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction as described in Section 9 (“Availability of the Services”).

17.5 No Class Actions

You and Kalyna Digital agree that we can only bring claims against each other individually.

That means:

You cannot bring a claim against Kalyna Digital as a plaintiff or class member in a class, collective, consolidated, or representative action.
The arbitrator cannot combine any other person’s claims with yours into a single case or preside over any class, collective, consolidated, or representative arbitration proceeding.
In your case, the arbitrator’s decision or award will not apply to anyone else and cannot be used to decide other people’s disputes.

If this section (Section 17.5 “No Class Actions”) is unenforceable or invalid, then Section 17, including Sections 17.1 to 17.6, shall be void.

17.6 Opt-Out of Arbitration Agreement and No Class Actions Provisions

You can opt out of and not be bound by the Arbitration Agreement and No Class Action provisions above (Sections 17.1 to 17.5) by sending written notice of your decision to opt-out to legal@kalynadigital.com with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” You must send us this notice within thirty (30) days of your first use of the Service or availability of this opt-out, whichever is later. If you do not send us a notice within that time, you will be bound to arbitrate disputes per the terms of these paragraphs. If you opt out of these arbitration provisions, Kalyna Digital will not be bound by them.