SForest

END USER LICENSE AGREEMENT

Last Modified: April 10, 2026

Please read this Agreement carefully. This Agreement is entered into by and between You and Slumbering Forest LLC ("SForest, " "Company," "we," or "us"). It is a legal document that governs your use of the videogame, application, Product, their associated upgrades, patches, and updates and related services (the “Product”) you may acquire in a SForest Game Store (https://sforest.io/game-store) and other products and services offered on or through https://sforest.io/ (collectively, the "Service"), whether as a guest or a registered user.

BY CLICKING THE "ACCEPT" BOX ON THE USER SIGN UP FORM YOU (A) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE; AND (II) IF YOU ARE A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOU AND BIND YOU TO ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, WE WILL NOT AND DO NOT LICENSE THE SERVICE TO YOU AND YOU MUST NOT DOWNLOAD OR INSTALL THE SERVICE OR DOCUMENTATION.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR YOUR OR OUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION, OR OTHERWISE) UNDER THIS AGREEMENT, AND THIS AGREEMENT EXPRESSLY EXCLUDES ANY RIGHT, CONCERNING ANY PRODUCT THAT YOU DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORIZED COPY OF LICENSOR'S PRODUCT.

IF YOU DO NOT OR CANNOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS THE SFOREST SERVICE OR DOWNLOAD OR USE THIS PRODUCT.

In particular, we want to highlight some important terms, policies, and procedures in this Agreement. By accepting this Agreement:

  • You are also agreeing to the SForest policies and terms listed below, which are expressly incorporated into this Agreement. Please read them carefully:
    Our Privacy Notice (https://sforest.io/legal/privacy-policy) explains what information we collect from you and how we protect it.
    Our Terms of Service (https://sforest.io/legal/tos) explain the rules for our websites.

  • You and SForest agree to resolve disputes between us in individual arbitration (not in court). We believe the alternative dispute-resolution process of arbitration will resolve any dispute fairly and more quickly and efficiently than formal court litigation. Section 13 explains the process in detail. We’ve put this up front (and in caps) because it’s important:
    THIS AGREEMENT CONTAINS A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THIS AGREEMENT, YOU AND SFOREST AGREE TO RESOLVE CERTAIN DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION.
    TO ENTER INTO THIS AGREEMENT, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR PRODUCT, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THIS AGREEMENT (INCLUDING ITS DISPUTE RESOLUTION TERMS).

  • If you use third party Product or services, the privacy policy of the applicable licensor or publisher may also govern your use of that Product or Services. By downloading or using the Product, you also agree to SForest’s Terms of Service and acknowledge that you have read SForest’s Privacy Notice.

  • Certain words or phrases are defined to have certain meanings when used in this Agreement. Those words and phrases are defined below in Section 16.

1. License Grant

1.1 Standard license to Product

SForest operates the SForest Game Store (https://sforest.io/game-store) and may allow you to add Product(s) to your library, either by purchasing a license to the Product or by adding it to your library at no charge (each time you add Product to your library, it’s a “Transaction”).

Subject to and conditioned upon your compliance with all terms and conditions set forth in this Agreement, SForest grants you a non-exclusive, non-transferable, non-sublicensed, non-commercial, and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or SForest terminates this EULA. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a licence to do so from SForest. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD. The License does not grant you any title or ownership in the Product.

The License to the SForest Game Store becomes effective on the date you accept this Agreement. The License to other Product becomes effective on the date you complete a Transaction for the Product.

In rare cases, after you have completed a Transaction for Product the Product may be removed from the SForest Games Store and become unavailable for further download or access from the SForest Games Store.

1.2 Developer license to Product

Certain Product may be subject to additional or alternative license terms between you and the Developer (“Product Specific Terms”). Product Specific Terms are in addition to the License granted in this Agreement unless (a) the Specific Terms are presented to you during a Transaction and (b) SForest indicates that the Product is licensed exclusively under the Specific Terms. In the event of any conflict between the provisions of this Agreement and the provisions of any additional Specific Terms, the provisions of this Agreement shall prevail. Any Specific Terms you agree to are only between you and the Developer. SForest is not a party to such Specific Terms unless SForest is the Developer. Please review such additional terms and costs carefully.

1.3 Beta and Early Access

If you access any pre-release, beta, early access, or test version of the Product or Service, you acknowledge that such versions may be unstable, incomplete, and not representative of the final product. Such versions are provided "as is" and "with all faults," with no warranty whatsoever, whether arising under law, by reason of custom or usage in the trade, or by course of dealing. The SForest Parties shall have no liability for any loss, damage, or data corruption arising from your use of any pre-release build.

2. License Conditions

You shall not, directly or indirectly, do any of the following with respect to the Product or any of their parts: (a) sell, rent out, lease, license, distribute, market, exploit it commercially; (b) use it on more than one device at a time; (c) copy, reproduce, display, perform, or otherwise use it in a way that is not expressly authorized in this Agreement or its Product Specific Terms; (d) sell, rent, lease, license, distribute, or otherwise transfer it; (e) reverse engineer, derive source code from, modify, adapt, translate, decompile, or disassemble it or make derivative works based on it; (f) remove, alter, disable, circumvent, or modify any copyright and trademark indications or any proprietary notice or label or security technology included in it; (g) create, develop, distribute, or use and/or distribute any unauthorized Product programs to gain advantage in any online or other game modes; (h) use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; (i) use, export, or re-export it in violation of any applicable law or regulation; or (j) behave in a manner which is detrimental to the enjoyment of the Product or Services by other users as intended by SForest, in SForest’s in the sole and exclusive discretion, including but not limited to the following – cheating, harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, scamming, transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, or modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above.

3. Updates and Patches

SForest may provide patches, updates, or upgrades to the Product that must be installed in order for you to continue to use the Product or Services. SForest may update the Product remotely without notifying you, and you hereby consent to SForest applying patches, updates, and upgrades. SForest may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Product or Services at any time. You acknowledge that your use of the Product or Services does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Product or Services, including but not limited to any in-game rewards, achievements, character levels. You acknowledge that certain data associated with your use of the Product or Services — including, for example, character data, game progress, customization settings, gameplay statistics, or other account-related information — may be modified, reset, removed, or otherwise become unavailable at any time without notice from SForest, including without limitation as a result of patches, updates, upgrades, maintenance, or other operational changes to the Product or Services. To the extent any such data constitutes personal data under applicable data protection laws, SForest will process and handle such data in accordance with its Privacy Notice and applicable legal obligations. SForest does not have no maintenance or support obligations with respect to the Product or Services.

4. Feedback

If you provide SForest with any Feedback, you hereby grant SForest a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation in any country. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that SForest is not required to make any use of any Feedback that you provide. You agree that if SForest makes use of your Feedback, SForest is not required to credit or compensate you. You represent and warrant that you have sufficient rights in any Feedback that you provide to SForest to grant SForest and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.

5. Ownership

All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by SForest or its licensors. The Product is protected by national and international laws, copyright treaties and conventions, and other laws. This Product may contain certain licensed materials and, in that event, SForest’s licensors may protect their rights in the event of any violation of this Agreement. This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product. No license or other rights shall be created hereunder by implication, estoppel, or otherwise.

While the Product is actively running, SForest's anti-cheat technology may scan your device's random access memory (RAM) solely to detect the presence of unauthorized third-party software as defined in Section 1 of this Agreement. Such scanning is limited to memory regions actively interacting with the Product's processes. In the event that the Product detects such an unauthorized third party program, information may be communicated back to SForest, including the username and unique Account identifier of your Account, your internet protocol (IP) address at the time of detection, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, the hardware specifications and performance characteristics of Your device (e.g., CPU model, GPU model, RAM capacity and configuration) along with a log of relevant in-game activity immediately preceding the detection event (collectively, "Enforcement Data").

Collection of Enforcement Data shall be governed by SForest's Privacy Notice, which is incorporated herein by reference. To the extent required by applicable law, SForest will handle all Enforcement Data in accordance with its stated data retention and deletion policies.

SForest will make reasonable efforts to notify You via the email address associated with Your Account when Enforcement Data is collected. However, You acknowledge that operational and security considerations may, in certain circumstances, necessitate that collection and transmission of Enforcement Data occur prior to or without contemporaneous notice.

Detection of an unauthorized third-party program constitutes a material breach of this Agreement. Upon such detection, SForest reserves the right, in its sole discretion, to immediately suspend or permanently terminate Your License and access to the Product, with or without prior notice, and without liability to You. Termination under this Section does not limit any other remedies available to SForest at law or in equity.

7. Data Processing Acknowledgement

7.1 Data Processing for Operation of the Service.

You acknowledge and agree that your use of the Product and Service requires the processing of certain information relating to you and your device, including identifiers, account information, device and system data, gameplay activity, and technical diagnostics. Such processing is necessary for the operation, security, improvement, and enforcement of the Service. By installing, accessing, or using the Product or Service, you acknowledge that such processing will occur as described in the Privacy Notice.

8. Disclaimers OF WARRANTIES

8.1 "As Is" Basis.

THE PRODUCT, SERVICE, AND ALL CONTENT AND ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. YOUR USE OF THE PRODUCT AND SERVICE IS ENTIRELY AT YOUR OWN RISK. SFOREST, ITS AFFILIATES, AND ITS AND THEIR LICENSORS AND SERVICE PROVIDERS (COLLECTIVELY, THE "SFOREST PARTIES," AS FURTHER DEFINED IN SECTION 21) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT AN SFOREST PARTY KNOWS OR HAS REASON TO KNOW OF ANY SUCH PURPOSE), TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (b) ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR CUSTOM OR USAGE IN THE TRADE; AND (c) ANY WARRANTY THAT THE PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

8.2 No Guarantee of Continuous or Error-Free Operation.

WITHOUT LIMITING THE GENERALITY OF SECTION 20.1, THE SFOREST PARTIES MAKE NO WARRANTY THAT: (A) THE PRODUCT OR SERVICE WILL OPERATE PROPERLY, BE UNINTERRUPTED, OR BE ERROR-FREE; (B) THE PRODUCT OR SERVICE WILL BE FREE OF BUGS, MALWARE, OR VIRUSES; OR (C) ANY DEFECTS CAN OR WILL BE CORRECTED WITHIN ANY PARTICULAR TIMEFRAME. SFOREST RESERVES THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE THE PRODUCT OR SERVICE, OR ANY FEATURE THEREOF, AT ANY TIME AND WITHOUT NOTICE, WITHOUT LIABILITY TO YOU OR ANY THIRD PARTY.

8.3 Security Risks.

YOU ACKNOWLEDGE THAT THE INTERNET AND ONLINE GAMING ENVIRONMENTS INVOLVE INHERENT SECURITY RISKS THAT CANNOT BE FULLY MITIGATED. THE SFOREST PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM DDOS ATTACKS, VIRUSES, RANSOMWARE, SPYWARE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, WHETHER OR NOT AN SFOREST PARTY KNOWS OR HAS REASON TO KNOW OF SUCH RISKS. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING APPROPRIATE SECURITY MEASURES AND EXTERNAL BACKUPS OF ANY DATA YOU WISH TO PRESERVE.

8.4 Mandatory Exceptions.

NOTHING IN THIS SECTION 20 EXCLUDES OR LIMITS ANY WARRANTY, GUARANTEE, RIGHT, OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING:

(a) Australian Residents. This Section 20 does not exclude, restrict, or modify any guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded. Where available, SForest's liability under the Australian Consumer Law is limited, to the extent permitted by law, to resupply of the relevant service or payment of the cost of resupply.

(b) European Union and United Kingdom Residents. To the extent the EU Digital Content Directive (2019/770/EU), the UK Consumer Rights Act 2015, or any other mandatory consumer protection law in your jurisdiction confers rights that cannot be disclaimed, such rights are not affected by this Section 7.

8.5 Savings Clause.

This Section 7 applies to the maximum extent permitted by applicable law. If any provision of this Section is held invalid or unenforceable in any jurisdiction, it shall be modified to the minimum extent necessary to make it enforceable, without affecting the validity of the remaining provisions.

9. Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SFOREST AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, THE "SFOREST PARTIES") SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH: (a) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE PRODUCT OR SERVICE; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY IN CONNECTION WITH THE PRODUCT OR SERVICE; (c) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (d) ANY OTHER MATTER RELATING TO THE PRODUCT OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SFOREST PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE SFOREST PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE PRODUCT OR SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU HAVE ACTUALLY PAID TO SFOREST FOR THE APPLICABLE PRODUCT OR SERVICE DURING THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM FIRST AROSE; OR (B) ONE THOUSAND U.S. DOLLARS (USD $1,000.00).

Nothing in this Section 21 shall exclude or limit the liability of any SForest Party for: (i) death or personal injury caused by the gross negligence or willful misconduct of an SForest Party; (ii) fraud or fraudulent misrepresentation by an SForest Party; (iii) any liability that cannot be excluded or limited under applicable law, including without limitation the California Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.) and the California Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.); or (iv) any other matter for which applicable law prohibits limitation or exclusion of liability.

For the avoidance of doubt, nothing in this Section 21 limits SForest's right to seek injunctive or other equitable relief in connection with any unauthorized use of the Product or infringement of SForest's intellectual property rights.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 21 REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SFOREST, AND THAT SUCH LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SFOREST. SFOREST WOULD NOT BE ABLE TO PROVIDE THE PRODUCT OR SERVICE ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.

THE LIMITATIONS OF DAMAGES SET FORTH IN THIS SECTION 21 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SFOREST AND YOU.

NOTWITHSTANDING THE FOREGOING, SOME COUNTRIES, STATES, PROVINCES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY AS STATED ABOVE, SO THE ABOVE TERMS MAY NOT APPLY TO YOU. INSTEAD, IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS. ALSO, YOU MAY HAVE ADDITIONAL LEGAL RIGHTS IN YOUR JURISDICTION, AND NOTHING IN THIS AGREEMENT WILL PREJUDICE THE STATUTORY RIGHTS THAT YOU MAY HAVE AS A CONSUMER OF THE PRODUCT OR SERVICES.

Australian Residents. This Section 21 does not exclude, restrict, or modify the application of any guarantee, condition, warranty, right, or remedy that cannot lawfully be excluded, restricted, or modified, including those conferred under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) ("ACL"). Under the ACL, consumers are entitled to guarantees in respect of goods and services, including a guarantee that goods are of acceptable quality. Where there is a failure of such a guarantee, you may be entitled to a remedy, which may include repair, replacement, or refund. Where a repair or replacement cannot be provided or there is a major failure, you are entitled to choose a refund or replacement.

European Union and United Kingdom Residents. If you are a resident of the European Union or the United Kingdom, the liability limitations set forth in Sections 21 above do not apply to you to the extent they conflict with mandatory consumer protection laws in your jurisdiction.

10. Indemnity

You agree to defend, indemnify and hold harmless SForest, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (the “SForest Parties”)from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees, costs, and expert witnesses’ fees) arising out of or relating to (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, (b) any act or omission by you in using the Product or Services, or (c) any claim of infringement or violation of any third-party intellectual property rights arising from SForest’s use of your Feedback. You agree to reimburse the SForest Parties on demand for any defense costs incurred by the SForest Parties and any payments made or loss suffered by the SForest Parties, whether in a court judgment or settlement, based on any matter covered by this Section 8.

If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation above.

11. Termination

Without limiting any other rights of SForest, this Agreement will terminate automatically without notice if you fail to comply with any of its terms and conditions. You may also terminate this Agreement by deleting all copies of the Product. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Product in your possession.

Except as expressly stated otherwise herein or to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this Agreement has been terminated.

Sections 2, 4-16, 18-19 will survive any termination of this Agreement.

12. Purchases and Payment

Through the SForest Games Store and Services, SForest may enable you to purchase Product licenses and/or Services using your SForest account. Loading and use of an SForest Wallet Balance to make such purchases is governed by SForest’s Terms of Service. Any promotional code provided to you to purchase or redeem for Product licenses and/or Services may be subject to additional terms and conditions associated with the promotion, offer, or coupon. When you provide a payment card, promotional code, or other payment method to SForest to make a purchase, you represent to SForest that you are the authorized user of the payment method, and you authorize SForest to charge your payment method for the purchase amount, including sales taxes, VAT, or other applicable taxes. You are responsible for all purchases made through your SForest account.

Also, a Developer may enable you to purchase digital items and services for use within its Product using a payment method that is not provided by SForest through the Services. You may not conduct such payments or transactions or use such digital items or services for any unlawful purpose. Such payments and transactions are solely between you and the Developer pursuant to the Developer’s terms of sale or end user license agreement between you and the Developer. SForest is not a party to such payments or transactions.

13. Governing Law and Jurisdiction

To the fullest extent permitted by applicable law, these Terms of Service and any dispute, claim, and/or controversy that in any way relates to or arises in connection with these Terms of Service or your relationship with SForest as a user of the Service ("Dispute") are governed by and shall be construed in accordance with the laws of the state of California, except to the extent preempted by or inconsistent with federal law. Further, to the fullest extent permitted by applicable law, you and SForest agree to the exclusive jurisdiction of the federal or state courts located in San Francisco, California, to resolve any Dispute that is not subject to mandatory arbitration under the Arbitration Agreement below, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

To the fullest extent permitted by applicable law, the parties agree to waive any right to a jury trial.

14. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.

Most issues can be resolved quickly and amicably by contacting SForest customer support at https://sforest.io/customer-service. However, we understand that some disputes can’t be easily resolved by customer support. This Section explains how You and SForest agree to resolve those disputes, including (where applicable) through binding, individual arbitration.

Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. Any dispute between You and SForest is submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution. Arbitration is more efficient for both you and SForest.

a. Dispute resolution and arbitration

Subject to the exceptions set forth in the "Exceptions to arbitration" section below, you and SForest agree that any Dispute between you and SForest (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms of Service) will be determined by binding individual (not class) arbitration. The arbitrator has the authority to rule on all issues except that a court has exclusive authority to: (1) decide arbitrability, as well as scope, validity, and enforceability of this Arbitration Agreement; (2) decide whether you and SForest have complied with the pre-arbitration filing requirements (including the requirements described in the "Pre-arbitration notice of dispute and informal resolution period" section below); (3) enforce the prohibition on class or representative actions; (4) enforce the provisions regarding mass arbitrations; and (5) enjoin an arbitration from proceeding if it does not comply with this Arbitration Agreement. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator can award the same damages and relief as a court (including attorneys' fees and costs where allowable under applicable law), except that (as discussed below) the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms of Service.

b. Exceptions to arbitration

You and SForest both agree that any Dispute relating to any actual or alleged infringement of your or SForest's intellectual property rights shall be brought in the federal courts of San Francisco, California, and that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of your or SForest's rights, at any time, to elect to have an individual action heard in: (1) a U.S. small claims court (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction); or (2) a court of law, in accordance with the jurisdiction and venue described in the "Governing law, jurisdiction, and jury trial waiver" section above, seeking only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement does not stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa). Nor does this Arbitration Agreement preclude you or us from entering into or participating in a class-wide, collective, or representative settlement of claims.

c. No class or representative proceedings and class action waiver

YOU AND SFOREST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION OR LITIGATION ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION.

Unless both you and SForest agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief or request for relief (such as a request for public injunctive relief) and all appeals have been exhausted or the decision is otherwise final, then the parties agree that such a claim or request for relief shall be decided by a court only after all other claims and requests for relief are arbitrated.

d. Pre-arbitration notice of dispute and informal resolution period

A party who intends to seek arbitration must first send a written notice of the Dispute ("Notice") to the other. Notices to SForest must be sent by email to [email protected] and Notices to you must be sent to the email address associated with your SForest account. All Notices must: (1) be personally signed by the party sending the Notice; (2) provide the relevant user's name, email address associated with the user's SForest account, and SForest username; (3) provide the claimant's address of residence (and if different, mailing address); (4) describe with specificity the nature and basis of the Dispute; and (5) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it.

After a Notice containing all of the information required above is received, the parties agree to engage in good faith for a period of sixty (60) days in an effort to resolve the Dispute (this time period may be extended by agreement of the parties) ("Informal Resolution Period"). The party receiving the Notice may request a telephone or video settlement conference during the Informal Resolution Period in an effort to facilitate resolution of the Dispute ("Informal Settlement Conference"). The Informal Settlement Conference, if any, will take place at a mutually agreeable time, which can be after the sixty (60) day Informal Resolution Period if needed to accommodate the parties' schedules. During the Informal Settlement Conference, you and a SForest representative must both personally participate in a good-faith effort to resolve the Dispute without the need to proceed with arbitration. Any counsel representing the parties also may participate. Personal participation in an Informal Settlement Conference will not be required if both you and SForest agree in writing.

The Notice, Informal Resolution Period, and Informal Settlement Conference are intended to give the parties a meaningful opportunity to resolve Disputes informally. If any aspect of this "Pre-arbitration notice of dispute and informal resolution period" section has not been met, the parties agree that a court can enjoin the filing or prosecution of an arbitration and, unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration nor demand fees in connection with such an arbitration. Notwithstanding the foregoing, a party retains the right to raise non-compliance with the requirements of this section and seek appropriate relief in arbitration, if neither party wishes to bring the issue to a court.

Any applicable statute of limitations or contractual limitations period will be tolled for any claims and requests for relief set forth in a Notice from the date that either you or SForest sends the other a fully complete Notice until: (1) thirty (30) days after completion of the Informal Resolution Period, if no Informal Settlement Conference is held; or (2) thirty (30) days after completion of the Informal Settlement Conference if an Informal Settlement Conference is held ("Tolling Period").

Neither you nor SForest may commence an arbitration proceeding until after the Tolling Period has ended.

e. Arbitration rules and fees

The arbitration will be governed by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Netflix and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.

If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of SForest's last written settlement offer made before an arbitrator was selected (or if SForest did not make a settlement offer before an arbitrator was selected), then SForest will pay you the amount of the award or US$2,500, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

f. Mass arbitration

If you elect to have your claim addressed as part of a mass arbitration (defined below), you agree to the additional procedures set forth below.

If twenty-five (25) or more claimants submit Notices or attempt to file Demands raising similar claims, are represented by the same or coordinated counsel (regardless of whether the Notices or Demands are submitted simultaneously), and the parties cannot resolve the cases during the Informal Resolution Period, the AAA Mass Arbitration Rules (“AAA Mass Arbitration Rules”) shall apply. all of the cases must be resolved in arbitration through staged sets of proceedings. You agree to this process even though it may delay the arbitration of your case. In such proceedings, the parties agree that, notwithstanding any other provisions of these Terms, the Process Arbitrator (as described in the AAA Mass Arbitration Rules) and the arbitrators shall have the authority to implement the procedures set forth in the AAA Mass Arbitration Rules, including the authority to batch together individual arbitration demands into a single coordinated proceeding.

g. Enforceability

If in the process of arbitrating or litigating a Dispute this Arbitration Agreement is invalidated in whole, the parties agree that they may seek to resolve the Dispute in a U.S. small claims court or in the federal or state courts of San Francisco, California, consistent with the "Governing law, jurisdiction, and jury trial waiver" section above. To the fullest extent permitted by applicable law, each party may bring a Dispute against the other party only in an individual capacity and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. Notwithstanding the foregoing, either party may participate in a class-wide settlement.

15. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16. Severability.

If all or any provision of this Section is found invalid, unenforceable, or illegal, then You and SForest agree that the provision will be severed and the rest of the agreement shall remain in effect and be construed as if any severed provision had not been included or limited to the minimum extent. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, You and SForest agree that it will not be severable; this entire Section 13, except for Section 13.c, will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of clauses specified in this Agreement. Under no circumstances shall arbitration be conducted on a class basis without SForest’s express consent.

17. U.S. Government Matters

The Product is a “Commercial Item” (as defined at 48 C.F.R. §2.101), consisting of “Commercial Computer Product” and “Commercial Computer Product Documentation” (as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable). The Product is being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to other licensees under this Agreement.

You represent and warrant to SForest that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

18. Amendments of this Agreement

SForest may issue an amended Agreement at any time in its discretion by posting the amended Agreement on its website or by providing you with digital access to the amended Agreement through the Product or other means. If any amendment to this Agreement is not acceptable to you, you may terminate this Agreement in accordance with Section 10 before such amended Agreement becomes effective, upon which you must stop using the Product. By using the Product after the amended Agreement becomes effective or otherwise indicating your acceptance of the amended Agreement, you are agreeing to be bound by the terms of the amended Agreement.

19. No Assignment

You may not, without the prior written consent of SForest, assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. If restrictions on transfer of the Product in this Agreement are not enforceable under the law of your country, then this Agreement will be binding on any transferee of the Product. SForest may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.

20. Miscellaneous

a. Waiver and Severability

Any act by SForest to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.

b. Entire Agreement

This Agreement, together with the Terms of Service, Privacy Notice, and any other additional terms you may have agreed to with SForest, constitutes the entire agreement between you and SForest relating to the subject matter covered by this Agreement. All other communications, proposals, and representations with respect to the subject matter covered by this Agreement are excluded.