Terms and Conditions

LEGAL INFORMATION

Responsible for content
Solid Clouds ehf.
Innovation House, Eiðistorg 17.
170 Seltjarnarnes, Iceland.

Email: info@solidclouds.com

Board of Directors

Jurisdiction: District Court of Reykjavík.

GENERAL TERMS AND CONDITIONS

1. Validity

1.1

The following terms and conditions regulate the use of online and mobile games, websites, applications found in online stores as well as other services provided by Solid Clouds ehf., Eiðistorg 17, 170 Seltjarnarnes, Iceland (hereafter referred to as „Solid Clouds“).

1.2

Solid Clouds can not guarantee up time on its products and services while they are in development stages.

1.3

Solid Clouds continually updates, changes and develops its products and services at its own discretion. Users can therefore only participate in or make use of products and services provided by Solid Clouds in its respective form at any given time. Solid Clouds reserves the right to halt or discontinue operation of products and services without explanation or warning.

1.4

Products and services of Solid Clouds are for entertainment use only. The use of Solid Clouds services and products for business purposes is strictly prohibited.

1.5

Users are responsible for their own software and hardware to be up to date.

1.6

In addition to these general terms and conditions, any individual rules of any product or service provided by Solid Clouds shall remain in effect. In case of contradiction between these terms and conditions and the rules of a service or product provided by Solid Clouds, these terms and conditions shall take precedence. Users will be appropriately informed of any specific terms and conditions of any Solid Clouds‘ product or service prior to usage.

1.7

Deviations from these terms and conditions require a prior written consent from Solid Clouds.

2 Completion of Contract

2.1

Only individual natural persons are eligible for registration of Solid Clouds‘ products and services.

2.2

All registering users must agree to these terms and conditions as well as the individual terms and conditions of the product or service being registered for.

2.3

Minors under the age of 13 are not permitted to register. Minors over the age of 13 with the explicit consent of their legal guardians as long as they have reached the age limit set by the product or service.

2.4

To register users must give an email address and select an account name. Furthermore, users must select an in-game name. Users have no claim to their selected account name or in-game names nor do they have any rights to specific names. Offensive or indecent names are not permitted and subject to be changed or banned at the discretion of Solid Clouds.

2.5

Users are responsible for providing Solid Clouds with accurate and valid information upon registering. Account and in-game names can not be emails, web services or business services. Users can not register via third parties except for explicitly permitted parties listed by Solid Clouds.

2.6

User accounts, in-game accounts and virtual items are non-transferable and the property of Solid Clouds to which the registered user has a non-exclusive access to while the product or service is registered new users.

2.7

Users have no right to claim registration or activation.

3 User Obligations

3.1

Users commit to keep their registration data submitted to Solid Clouds up to date. Upon request by Solid Clouds, users must confirm their user data to validate its accuracy.

3.2

Users are required to maintain strict confidentiality of their login credentials and are not permitted to share their login password with anyone under any circumstances. Furthermore, users are required to protect their login credentials from third-party access.

3.3

Should a user have cause to believe their login credentials are compromised in any way the user is obliged to inform Solid Clouds and change their credentials or have it changed by Solid Clouds. Should Solid Clouds have evidence of a compromised user account, Solid Clouds reserves the right to block access to the account temporarily or permanently in which case Solid Clouds will inform the user.

3.4

In the case of offers which require the prior installation of a client software, Solid Clouds grants the user an unrestricted, non-exclusive, non-transferable, personal and time-limited, in terms of the user agreement, right to install the client software and use it for the proposed purposes according to these general terms and conditions and the rules of the respective product or service.

3.5

Solid Clouds‘ products and services may not be used for commercial purposes in any manner.

3.6

Any modification to the products or services of Solid Clouds, the decompilation of code or any reverse engineering attempts require a prior written consent from Solid Clouds.

4 Product and Services' Specific Terms

4.1

Unless the rules of a game especially permit it, users are not allowed to partake in a game with more than one account. Solid Clouds can at its discretion block or delete any and all accounts of users that are guilty of this behaviour.

4.2

Users are prohibited from enacting or taking part in any form of manipulative interference (malicious or not) of the normal operations of any service or product of Solid Clouds. Also, users may not engage in or take any measures that interfere with the normal operations of Solid Clouds‘ products or services. This includes but is not limited to, bots, cheats, scripts, mods, hacks, data mining or any other software that intercepts, modifies or changes game data.

4.3

Users are not permitted to use Solid Clouds products and services that conceal the user‘s true IP address without a prior written consent from Solid Clouds.

4.4

Users may not sell or forward any virtual items or user accounts.

4.5

All user-generated playable content created using Solid Clouds editing software or other tools remains the complete and exclusive property of Solid Clouds. By agreeing to these terms, you transfer all of your ownership rights, including copyright, related to the user-generated playable content to Solid Clouds. If for some reason you are unable to fully transfer these rights, you provide Solid Clouds with an exclusive, global, perpetual, unconditional, free of royalty, irrevocable license to utilize the user-generated playable content in any way deemed necessary.

You also agree to execute any further assignments or related documents promptly when requested by Solid Clouds to reinforce this agreement. Wherever the law does not permit the transfer of moral rights, you relinquish any moral rights or similar rights in all user-generated playable content without any compensation to the maximum extent legally possible. Solid Clouds retains the absolute discretion to remove user-generated playable content from its systems and/or demand the user to cease the development and distribution of said content. Failure to comply with these terms or any request from Solid Clouds may lead to disciplinary actions on your Solid Clouds account.

5 User Communications

5.1

Solid Clouds provides users with several means of communication, forums, in-game chat and a Discord channel. Solid Clouds is not responsible for user entries on these venues and can not be held responsible for user behaviour. When Solid Clouds makes use of third-party communication platforms the rules of those platforms are in effect but superseded by these terms and conditions.

5.2

Solid Clouds reserves the right to move, edit or delete any user submitted content on these venues at its discretion.

5.3

Users grant Solid Clouds the permanent, irrevocable, non-exclusive right to use user submitted entries on any communication venue provided by Solid Clouds without compensation.

5.4

Users are prohibited from publishing or distributing content on Solid Clouds‘ communication venues that are in breach of applicable laws, goes against common decency, is obscene, racist, pornographic, abusive or commercial in nature. Furthermore, users are prohibited from divulging non- consensual third-party personal information.

5.5

Solid Clouds has the right, at its discretion, to block or delete a user‘s account from any communication venue provided by Solid Clouds and/or from any of Solid Clouds‘ products and services.

6 Breach Consequences

6.1

Solid Clouds is not liable for damages resulting from a user‘s breach of duty.

6.2

At its discretion, Solid Clouds can take the following actions against users who Solid Clouds deems are in breach of these terms and conditions; issue a warning, remove content (such as virtual items), block accounts (temporarily or permanently) from any or all Solid Clouds‘ products and services, immediately and unilaterally terminate this contract.

7 Usage Fees

7.1

Solid Clouds products and services that are free of charge to download, install and play, may contain in-application purchases where users can pay money to acquire a virtual currency that can be spent on services or virtual items.

7.2

Virtual currency packages for sale will have their price displayed in euros or the user‘s regional currency (if applicable). Services and virtual items purchasable with the virtual currency will have their function and availability (if applicable) displayed. Payment methods available to the user will be displayed with regional options (where applicable) and can vary between platforms, the user‘s country and technical options. Purchase of virtual currency concludes when the user presses the "Pay" button.

7.3

Services and virtual items purchasable will have their functionality described, their availability (where applicable) and payment methods displayed.

7.4

Solid Clouds reserves the right to change payment options, methods and fees at their discretion.

7.5

Money payments are collected by the service provider selected by the user for the respective purchase or via a transfer made by the user. The general terms and conditions of the service provider may be applicable in addition to the terms and conditions of Solid Clouds.

7.6

At the completion of a payment or when the receipt for a money transfer is received, Solid Clouds shall credit the purchased service or virtual items to the user‘s account. Upon the credit the user has accepted a contract with Solid Clouds regarding the purchase of virtual items and/or services.

7.7

The user acknowledges and agrees that all information provided by the user as part of a payment transaction is accurate and complete.

7.8

Statutory interest shall accrue in instances of default. Solid Clouds is entitled to block the user account, recover further damages and terminate services in cases of default.

7.9

Should Solid Clouds incur back charges or cancellation fees at the fault of the user (including an inadequate account balance) the user shall bear all costs incurred.

8 Limitation of Liability

8.1

Users are held personally liable for any violation of a third party's rights. Users agree to reimburse Solid Clouds for all damages resulting from the culpable non-observance of the obligations of these terms and conditions. Users release Solid Clouds from all eligible claims that other users or third parties may file against Solid Clouds due to a violation of their rights by content posted by the user or due to a violation of other obligations. Users shall assume the costs of Solid Clouds' legal defense, including all court and legal fees. This condition does not apply if the user is not responsible for the infringement.

8.2

The liability of Solid Clouds, on whatever legal grounds, whether due to contractual misconduct a breach of duty, is ultimately determined in accordance with the following rules:

8.2.1

If Solid Clouds provides the respective liability-causing service free of charge, Solid Clouds is liable only for malice and gross negligence.

8.2.2

In the case of non-gratuitous services, Solid Clouds' liability is limited to cases of malice and gross negligence, but unlimited in cases of personal injury. In cases of slight negligence, however, Solid Clouds will only be liable for a breach of essential contractual obligations such as delay or unavailability which Solid Clouds is held responsible for. In the case of a breach of an essential contractual obligation, liability is limited to the typical contractual damages that Solid Clouds had to calculate upon conclusion of the contract due to the circumstances prevailing at this time. "Essential contractual obligations", as previously stated, are the obligations that may be relied upon by the user and that ensure that the contract runs in accordance with its regulations and achieves the contractual aim.

8.2.3

Solid Clouds assumes no liability for interruptions within the network that are not the fault of Solid Clouds.

8.2.4

Solid Clouds is liable for a loss of data in accordance with the foregoing paragraphs only if such a loss could not have been avoided by adequate backup measures taken by the user.

8.2.5

The aforementioned liability limitations do not apply in cases of explicit guarantees made by Solid Clouds, in cases of malice, and for damages due to the loss of life, limb, or health. Liability shall remain unaffected under the Product Liability Act.

9 Contract Duration

9.1

The contract begins when an account is accredited or activated by Solid Clouds and applies for all of Solid Clouds‘ products, services and websites. The contract duration is indefinite.

9.2

The contract can be terminated by either party with immediate effect as long as no temporary contract period has been agreed upon.

9.3

Either party has the right to terminate the contract at its discretion without giving a period of notice.

9.4

Termination must be submitted in written form, to that effect, emails are considered to be written form.

9.5

Solid Clouds reserves the right to edit, move or delete users from game worlds. Furthermore, Solid Clouds can delete or block user accounts at its discretion.

10 Governing Law

The governing laws of Iceland shall apply; the UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisions of the country in which the user resides shall remain unaffected by this legal decision.

11 Amendments; Miscellaneous

11.1

Solid Clouds reserves the right to amend, modify and change these terms and conditions at its discretion. Reasons can include but are not limited to: changes in legislation, technical necessities, maintaining company operations, change in market conditions or for the benefit of the user. No changes will be made that could jeopardize the contractual balance between parties. Users will be notified of any changes via Solid Clouds‘ website and/or via the product or service the user partakes in with a notification period of at least four weeks before the changes take effect. The user is entitled to object to any impending changes within the notification period. Any changes are considered to be accepted by the user if no objections are received or if the user makes use of the product or service within or after the notification period.

11.2

Solid Clouds can transfer its rights and obligations from this contract to associated companies in accordance with Para. 15 of the Stock Corporation Act (AktG).

11.3

Users are only entitled to an offset if their counterclaim has been legally established or has been recognized by Solid Clouds and is uncontested or has resulted from this synallagmatic legal relationship. Users can only exercise a right of retention provided that it pertains to claims arising from this contract.

11.4

Solid Clouds communicates generally via email. Users must ensure they check the email they used to register their account with regularly for messages from Solid Clouds.

11.5

Should any provision of these terms and conditions be or become invalid and/or oppose statutory provisions, the validity of the remaining provisions of the terms and conditions shall remain unaffected.

REVOCATION Withdrawal from Contract Users have the right to withdraw from the terms and conditions contract and the purchase contract within fourteen days of the commencement of the applicable contract without specifying a reason. To exercise your right to withdraw you need to inform Solid Clouds by written submission clearly stating your intention. The revocation period of 14 days begins with the commencement of each applicable contract made. It is sufficient to send the notice of withdrawal within the period of revocation in order for it to apply. Effects of Withdrawal In the event you have withdrawn from a contract, we undertake to return all payments we have received from you, including delivery costs (with the exception of additional costs that arise from your choice of delivery if it exceeds the cheapest standard delivery offered by Solid Clouds) without delay and no later than fourteen days from the date we receive your notice of withdrawal. In order to settle the return payment, we shall use the same payment method that you used for the original transaction unless we have expressly come to a different agreement with you; under no circumstances shall any fees associated with this return payment be charged to you. Submitting your Withdrawal You can (but are not obliged to) use the form below to submit your revocation of a contract. Model withdrawal form (complete and return this form only if you wish to withdraw from a contract) To Solid Clouds, Innovation House, Eiðistorg 17 170 Seltjarnarnes, Iceland E-Mail: protest@solidclouds.com I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service () Ordered on ()/received on () Name of consumer(s) Address of consumer(s) Signature of consumer(s) (only if this form is notified on paper) Date User account name Game server In-game name () Delete as appropriate.

PRIVACY AND USE OF PERSONAL INFORMATION

Definitions

The term “User Personal Details” means information relating to your personal Account details, including your email address, profile name or other online identification, first name, last name, age, date of birth, country of residence, preferences and settings including communication or content restrictions and parental control settings, other account information such as friend’s lists, block lists, and language selection, any dates the foregoing data is modified, and any other information relating to your Account.

The term “User Gameplay Information” means any information relating to your play or use of the Game, including your gameplay statistics, preferred strategies, in-Game transaction history and trends, history of technical issues and support usage, and history of contributed and received User Content. User Personal Details and User Gameplay Information together constitute “User Data”.

You may verify and update your Account information by logging into your Account through the account management page within the Game.

1. Effects of Withdrawal

The party responsible is Solid Clouds ehf., Innovation House, Eiðistorg 17, 170 Seltjarnarnes, Iceland. You can submit any query pertaining to Solid Clouds’ handling of your personal information to protest@solidclouds.com or the postal address above.

2. Information Collected

Solid Clouds has created a Privacy Policy to inform you of our practices regarding collection, use, and sharing of personal data, https://join.starborne.com/terms/privacy. Please read carefully our Privacy Policy to be aware of our practices and views regarding your personal data and how it will be treated. If you have any questions on how Solid Clouds handles your personal data, please contact our Data Protection Team at info@solidclouds.com.

We collect your information in order to fulfill the user contract we have agreed upon with you. In addition to monitoring compliance with the terms of use and game rules, this includes in particular the proper handling of your payment arrangements. We require personal information if you would like to register for our products and services or subscribe to our newsletter. This information includes, for example, your name, address, email address, and other personal information that Solid Clouds may inquire into in individual cases. In addition, certain pieces of information such as IP address, browser version, and access times are automatically sent to us by your computer or mobile device and stored on our server. Information regarding the type of mobile device and operating system being used is also collected at this time. We only use this information to conduct statistical and performance analyses or to prosecute unauthorized use of our website. The information remains anonymous whenever possible. We reserve the right to carry out personalized campaigns using the personal information that you have permitted social networks to share with third parties. In this regard, we shall refer to the privacy policies of the social networks in question. We gather, process, and use personal information only with your consent, unless already permitted by legal statutes. If consent is given electronically within the context of our online offerings, we shall fulfill our legal obligation to give you proper notification of this. We do not knowingly collect any information from anyone under 13 years of age.

All transmissions by you in Starborne are not private. You recognize and agree that you have no expectation of privacy regarding communications you make in Starborne, whether through private in-Game messaging, during chat, or in chat rooms. Solid Clouds and/or its designated affiliates and representatives may monitor communications made by or received from you. Private information should not be provided to any other player in Starborne. Solid Clouds shall not be responsible for the consequences of any such disclosure by you.

3. Third Party Cookies and Tracking

Solid Clouds makes use of services of other companies to optimize our websites and services. Google analytics, a web analytics service provided by Google Inc. (“Google”). This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies, text files stored on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators, and providing other services relating to website activity and internet usage to the website operator. Your IP address, which has been transmitted by Google Analytics, will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use all functions of this website. Furthermore, you can prohibit Google from collecting and analyzing the cookie generated data about your use of the website (including your IP address) by downloading and installing the browser plugin available here: http://tools.google.com/dlpage/gaoptout?hl=en. If you visit our website using a mobile device (e.g. a smartphone or tablet), you can refuse the future use of Google Analytics via this link. By activating the link, we will put a cookie in your browser, which signals to us that we should prevent Google Analytics from using your device. Please keep in mind that you will have to repeat the refusal process if you remove the cookies from your browser.

Our websites use Google's remarketing technology. This technology enables users who have already visited our online services and shown interest in our services to see targeted advertising on the websites of the Google partner network. Likewise users that are similar to the visitors of our websites can be addressed. The advertising will be displayed using cookies. These are small text files saved on the user's computer. The information generated by the cookie about the website use will be transmitted to and stored on servers in the United States by Google. In the event that the IP address is transferred, it will be reduced by the last 3 digits. Using cookies, the user behavior on a website can be analyzed and subsequently utilized to provide targeted product recommendations and advertising based on the user's interests.

If you would prefer to not receive any targeted advertising, you can deactivate the use of cookies for these purposes through Google by visiting the website: https://www.google.com/settings/ads/. Alternatively, users can deactivate the use of cookies by third party providers by visiting the Network Advertising Initiative's deactivation website (http://www.networkadvertising.org/choices/). Please note that Google has its own data protection policy which is independent of our own.

We assume no responsibility or liability for their policies and procedures. Please read Google's privacy policy before using our websites (https://www.google.com/intl/en/policies/privacy/). With your permission, our website utilizes the Conversion Tracking Pixel service of Facebook Inc., 1601 S. California Ave., Palo Alto, CA 94304, USA ("Facebook"). This tool allows us to follow the actions of users after they are redirected to a provider's website by clicking on a Facebook advertisement. We are thus able to record the efficacy of Facebook advertisements for statistical and market research purposes. The collected data remain anonymous. This means that we cannot see the personal data of any individual user. However, the collected data are saved and processed by Facebook. We are informing you on this matter according to our information at this time. Facebook is able to connect the data with your Facebook account and use the data for their own advertising purposes, in accordance with Facebook's Data Use Policy found under https://www.facebook.com/about/privacy/. Facebook Conversion Tracking also allows Facebook and its partners to show you advertisements on and outside Facebook. In addition, a cookie will be saved onto your computer for these purposes. Only users over 13 years of age may give their permission. If you are younger than this age, please consult your legal guardians. Please click here if you would like to revoke your permission: https://www.facebook.com/ads/website_custom_audiences/.

4. Use of your personal information

Solid Clouds uses your personal data to improve its services and products and to satisfy user needs. We use your personal information for the establishment, processing, and settlement of your user relationship with Solid Clouds and the processing of payments. Furthermore, we use your information in order to communicate with you. This communication includes emails informing you on new features in our services where appropriate. We use your personal information in order to inform you about products, services, or certain events which could be of interest to you on a regular basis. Each message contains a method to unsubscribe to such messages. Finally, we use your information in order to protect our webpages and to trace unauthorized accesses. You as a user of Starborne accepts that Solid Clouds may collect and store User Personal Details and use them for the limited purposes of: (i) verification or authentication of a user’s identity, (ii) establishing an Account with Solid Clouds, (iii) the provision of services to users, such as gameplay, Game administration, and technical support, and (iv) marketing and offering Solid Clouds products and services to you. Any storage or use of User Personal Details will be subject to compliance with Solid Clouds’s privacy policy. You acknowledge and agree that Solid Clouds may collect and store User Gameplay Information about you, both as an individual and aggregated with the User Gameplay Information of other users of the Game and the System. In addition, you accept that Solid Clouds may analyze and use such User Gameplay Information for the purposes of review, research, development, maintenance, operation, administration, and support, and for the marketing of Solid Clouds products and services.

5. Transmissions of Your Personal Information

As a matter of course, your data will not be sold to third parties. Solid Clouds transmits your personal data to third parties only to the following extent: We are collaborating with payment providers (e.g. credit card companies, banks, PayPal, mobile services, debt collection agencies, etc.), providers that create and compile statistical data, and IT service providers (e.g., data centers, hosts, backup services, database services). These service providers only have access to your data to the extent necessary for the completion of their tasks. These service providers are required to handle your data in accordance with this privacy policy and the relevant data protection statutes. In the case that Solid Clouds, companies controlled by Solid Clouds, certain affiliated companies, or shares of the company are sold, your customer information will ordinarily be passed on with the part of the company that is changing hands. As a matter of course, your data shall remain subject to this privacy policy and the relevant data protection statutes in a case such as this. You agree that Solid Clouds may transfer, share, and/or store your User Data: outside the European Economic Area where reasonably necessary to administer, operate, maintain and support Starborne; to the US and China for the purpose of managing customer support and technical issues; and with suitable third parties under a binding duty of confidentiality for such third parties to carry out the limited activities of Solid Clouds. All transfer, storage, and use of User Data shall always be subject to Solid Clouds’s current privacy policy for Starborne from time to time. Solid Clouds does not guarantee that User Data transmitted to Starborne, including without limitation information in your Account and/or User Personal Details, will not be disclosed to third parties. While Solid Clouds's aim is to keep your User Data confidential and Solid Clouds utilizes security measures to protect the integrity of Starborne, third parties may unlawfully intercept transmissions or private communications, or access data within Starborne. Solid Clouds may (and you hereby expressly authorize Solid Clouds to) disclose information about you to private entities, law enforcement or other government officials, as Solid Clouds, in its sole discretion, deems necessary or appropriate to investigate or resolve possible crimes or to respond to judicial, regulatory, agency or similar inquiries. You agree that in the event of a failure in Starborne, Solid Clouds may provide crash dump information to third parties under suitable confidentiality restrictions in order to review, analyze and provide reports on such information to determine the cause or correction of the failure. You agree that Solid Clouds may remotely monitor your Game hardware solely for the purpose of establishing whether in playing Starborne and accessing you are using software created or approved by Solid Clouds, or whether you are using unauthorized software created by you or a third party in contravention of Solid Clouds policy.

6. More Information About the Privacy Policy

Please keep in mind that all information you choose to divulge in public while using Solid Clouds’ products or services (e.g. while using in-game chat) can be collected by other users. For our own liability, we maintain the right to review this content. In addition, we shall strive to clarify and prevent fraudulent measures via independent reviews.

7. Data Modification or Deletion

As a registered user you can review, update, correct or delete your personal data in your profile settings or by contacting us. You also have the option to delete your player account with us. Please keep in mind that once an account had been deleted, it cannot be reactivated. If you would like to permanently delete your account, please notify us at: alpha@solidclouds.com.

8. Interaction with other players

You may encounter and converse with people who are rude or offensive while playing Starborne and you can report such behavior to Solid Clouds. The company will investigate and take such measures as in its sole judgment, determined are reasonable under the circumstances. Solid Clouds does not guarantee that you will not encounter conduct of other players that you may view as rude or offensive. All risk in this regard will be borne by you while playing Starborne, and Solid Clouds shoulders no responsibility for the conduct of any other players and shall not be liable to you or any other person for their conduct.

9. Contact Information

Solid Clouds ehf.,

Innovation House

Eiðistorg 17,

170 Seltjarnarnes,

Iceland

info@solidclouds.com

Updated 4/2/2020