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Terms of Service

Last Updated: January 2025

1. Introduction and Acceptance of Terms

1.1 Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Foundly Labs Pty Ltd ("Company," "we," "us," or "our"), an Australian company, governing your access to and use of Warptown (the "Game" or "Service"), including all associated websites, applications, features, content, and services.

By accessing, downloading, installing, or using the Game through any platform (including but not limited to web browsers, desktop applications, iOS, Android, Farcaster Mini App, Telegram Mini App, or Base App), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not access or use the Game.

1.2 Changes to Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Material changes will be communicated through in-game notifications, email (if provided), or by posting the updated Terms with a new "Last Updated" date. Your continued use of the Game after any changes constitutes acceptance of the modified Terms.

1.3 Additional Terms

Certain features of the Game may be subject to additional terms and conditions, which will be presented to you at the time of access. Such additional terms are incorporated into these Terms by reference.

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least sixteen (16) years of age to create an account and use the Game. By using the Game, you represent and warrant that you meet this age requirement. If you are between 16 and 18 years of age (or the age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

We do not knowingly collect personal information from users under the age of 16. If we become aware that a user under 16 has provided personal information, we will take steps to delete such information and terminate the associated account.

2.2 Account Creation

To access certain features of the Game, you must create an account. Account creation may be facilitated through various authentication providers, including:

  • Farcaster
  • Telegram
  • Base (Smart Wallet)
  • Cryptocurrency wallet connection

Your account information (including username, display name, and avatar) may be imported from your chosen authentication provider.

2.3 Account Responsibilities

You are solely responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Ensuring the security of any connected wallets or authentication providers
  • Notifying us immediately of any unauthorized use of your account

You agree not to:

  • Share your account credentials with any other person
  • Create multiple accounts for any purpose
  • Transfer, sell, or otherwise convey your account to any third party
  • Use another person's account without their explicit permission

2.4 Account Termination by User

You may request deletion of your account at any time by contacting our support team. Upon account deletion, your access to the Game will be terminated, and certain data may be retained as described in our Privacy Policy.

3. Description of Service

3.1 Game Overview

Warptown is a pixel art multiplayer online role-playing game (MMO RPG). The Game features:

  • World Exploration: Navigate and discover various environments, locations, and mysteries
  • Resource Gathering: Collect materials and resources throughout the game world
  • Building: Construct and customize structures within permitted areas
  • Character Development: Level up skills, unlock abilities, and progress your character
  • Item Collection: Acquire, equip, and manage items including cosmetics, equipment, and consumables
  • Character Customization: Personalize your character's appearance with various cosmetic options
  • Social Features: Interact with other players through real-time multiplayer gameplay and communication features

3.2 Communication Features

The Game provides various communication channels, including:

  • General Chat: Public channel for general conversation
  • Trade Chat: Dedicated channel for in-game trading discussions
  • Direct Messages: Private communication between players

All communications within the Game are subject to our Community Guidelines and may be moderated at our discretion. We reserve the right to hide, remove, or restrict access to any content that violates these Terms.

3.3 Platform Availability

The Game is available on multiple platforms:

  • Web browsers (warptown.gg)
  • Desktop application (Windows, macOS, Linux)
  • iOS and Android mobile applications
  • Farcaster Mini App
  • Telegram Mini App
  • Base App

Features and functionality may vary by platform. We do not guarantee that all features will be available on all platforms simultaneously.

3.4 Ongoing Development

The Game is under active development. This means:

  • Features, gameplay mechanics, and content are subject to change at any time
  • New features will be added and existing features may be modified or removed
  • Game balance, economies, and systems may be adjusted
  • There may be periods of downtime for updates and maintenance
  • Data resets may occur during development phases (with reasonable notice when possible)

By using the Game, you acknowledge and accept that you are participating in an evolving product and that changes are an expected part of the experience.

4. Virtual Currency (Warp Gems)

4.1 Nature of Warp Gems

Warp Gems ("Gems") are the in-game virtual currency used within the Game to purchase cosmetics, items, and other content. Gems are NOT cryptocurrency tokens and have the following characteristics:

  • Gems are stored off-chain on our servers
  • Gems have no monetary value outside the Game
  • Gems cannot be converted to real currency
  • Your Gem balance is tied to your Warptown account
  • Your Gem balance is shared across all game servers

4.2 Acquiring Gems

Gems can be acquired through:

Purchase:

  • Cryptocurrency payments on supported blockchain networks
  • Credit/debit card payments through our secure checkout
  • Telegram Stars (where available)

Gameplay:

  • Ad-based reward viewing
  • Share rewards for promoting the Game
  • Other promotional activities as offered from time to time

4.3 No Refunds Policy

All purchases of Warp Gems are final and non-refundable. Once Gems are credited to your account:

  • No refunds will be issued for any reason
  • No exchanges or transfers are permitted
  • Unused Gems will not be refunded upon account termination
  • Gems cannot be transferred to other accounts
  • Gems cannot be traded or sold

This no-refunds policy applies to all payment methods, including cryptocurrency, card payments, and Telegram Stars.

4.4 Non-Transferability

Warp Gems are:

  • Non-transferable between accounts
  • Non-tradeable to other players
  • Not withdrawable as currency or tokens
  • Not convertible to any form of real-world value

Any attempt to sell, trade, or transfer Gems outside the Game's intended mechanics is strictly prohibited and may result in immediate account termination.

4.5 Gem Expiration and Forfeiture

Gems may be forfeited in the following circumstances:

  • Account termination for violation of these Terms
  • Account closure by the User (unused Gems are not refunded)
  • Discontinuation of the Game (see Section 12)

We reserve the right to modify, discontinue, or reset Gem balances in connection with Game updates, bug fixes, or other operational necessities, though we will endeavor to provide reasonable notice for material changes.

5. Payment Terms

5.1 General Payment Terms

All prices are displayed in United States Dollars (USD) unless otherwise specified. Prices are subject to change at any time without prior notice. The price at the time of purchase confirmation is the final price.

5.2 Cryptocurrency Payments

For cryptocurrency payments:

  • Transactions are processed on supported blockchain networks
  • Accepted tokens are displayed at the time of purchase
  • You are solely responsible for ensuring sufficient balance including gas fees
  • Once a blockchain transaction is confirmed, it cannot be reversed
  • Transaction fees ("gas fees") are your responsibility unless otherwise indicated
  • Processing times depend on blockchain network conditions

By making cryptocurrency payments, you acknowledge:

  • You understand blockchain technology and associated risks
  • You are the rightful owner of the wallet and funds used
  • Transactions are irreversible once confirmed on the blockchain
  • We are not responsible for transactions sent to incorrect addresses
  • Network congestion may delay transaction processing

5.3 Card Payments

For credit/debit card payments:

  • Payments are processed through our secure third-party payment processor
  • You must use a payment method that you are authorized to use
  • We do not store complete card details on our servers
  • Failed or declined transactions will not result in Gem credits

5.4 Telegram Stars

Where available, payments may be made using Telegram Stars:

  • Telegram Stars transactions are subject to Telegram's terms and conditions
  • Conversion rates are displayed at the time of purchase
  • Refunds for Telegram Stars purchases must be sought through Telegram's platform

5.5 Taxes

All prices are exclusive of applicable taxes unless stated otherwise. You are responsible for any taxes, duties, or other governmental charges associated with your purchases.

5.6 Disputed Transactions

If you believe a transaction was made in error or without your authorization:

  • Contact our support team immediately
  • Provide relevant transaction details and evidence
  • We will investigate and respond within a reasonable timeframe

Initiating chargebacks or payment disputes without first contacting us may result in immediate account suspension pending investigation.

6. User Conduct and Prohibited Activities

6.1 Community Standards

You agree to conduct yourself in a manner that is respectful, lawful, and in accordance with these Terms. You are responsible for all content you submit, post, or transmit through the Game.

6.2 Prohibited Conduct

You agree NOT to engage in any of the following:

Cheating and Exploits:

  • Using cheats, exploits, automation software, bots, hacks, or any unauthorized third-party software
  • Exploiting bugs, glitches, or unintended game mechanics
  • Manipulating game data, memory, or network traffic
  • Using any method to gain an unfair advantage over other players

Harassment and Abuse:

  • Harassing, threatening, bullying, or intimidating other users
  • Engaging in hate speech, discrimination, or targeting based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic
  • Making violent threats or encouraging self-harm
  • Stalking or repeatedly contacting users who have requested no contact

Impersonation and Fraud:

  • Impersonating any person or entity, including Foundly Labs Pty Ltd staff, moderators, or other players
  • Creating accounts with misleading names intended to deceive
  • Engaging in phishing, scamming, or fraudulent activities

Real Money Trading (RMT):

  • Selling, purchasing, or exchanging in-game items, currency, or accounts for real money or cryptocurrency outside of official channels
  • Advertising RMT services
  • Facilitating RMT transactions for others

Botting and Automation:

  • Using bots, scripts, macros, or automation tools to play the Game
  • Using AI or machine learning systems to automate gameplay
  • Running multiple automated instances of the Game

Content Violations:

  • Posting illegal, obscene, pornographic, or sexually explicit content
  • Sharing content that infringes on intellectual property rights
  • Distributing malware, viruses, or harmful code
  • Spamming, flooding, or disrupting chat channels

Account Violations:

  • Sharing, selling, or transferring accounts
  • Creating multiple accounts to circumvent bans or limitations
  • Using another person's account without authorization
  • Attempting to access accounts that do not belong to you

System Interference:

  • Attempting to hack, probe, or test the vulnerability of our systems
  • Attempting to access unauthorized areas of the Game or infrastructure
  • Reverse engineering, decompiling, or disassembling the Game
  • Interfering with or disrupting the Game's servers or networks

6.3 Reporting Violations

We encourage users to report violations of these Terms through our in-game reporting system or by contacting support. Reports are handled confidentially, and retaliation against reporters is prohibited.

7. Enforcement and Account Actions

7.1 Our Rights

We reserve the right, at our sole discretion, to investigate suspected violations and take appropriate action, including but not limited to:

  • Issuing warnings
  • Restricting or limiting account features
  • Temporarily suspending accounts
  • Permanently banning accounts
  • Removing or hiding content
  • Resetting progress, items, or currency
  • Reporting illegal activities to law enforcement

7.2 Immediate Enforcement

Serious violations may result in immediate permanent account termination without prior warning. Such violations include, but are not limited to:

  • Cheating or hacking
  • Real money trading
  • Severe harassment or threats of violence
  • Hate speech or discrimination
  • Chargebacks or payment fraud
  • Any illegal activity

7.3 Consequences of Termination

Upon account termination for violation of these Terms:

  • All access to the Game is immediately revoked
  • All Warp Gems and in-game items are forfeited
  • No refunds will be issued for any purchases
  • You may not create new accounts without our permission

7.4 Appeals

You may appeal enforcement actions by contacting our support team. Appeals must be submitted within thirty (30) days of the action. We will review appeals in good faith but are not obligated to reverse any decision.

8. User-Generated Content

8.1 Definition

"User-Generated Content" or "UGC" includes but is not limited to: chat messages, usernames, display names, character customizations, and any other content created or submitted by users within the Game.

8.2 License Grant

By submitting UGC to the Game, you grant Foundly Labs Pty Ltd a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform your UGC in connection with operating and promoting the Game. This license continues even after you stop using the Game or your account is terminated.

8.3 Your Representations

By submitting UGC, you represent and warrant that:

  • You own or have the necessary rights to the content
  • The content does not infringe on any third party's intellectual property or other rights
  • The content complies with these Terms and all applicable laws
  • You have any necessary consents for content featuring other individuals

8.4 Content Moderation

We reserve the right to:

  • Monitor, review, and moderate all UGC
  • Remove, hide, or restrict any UGC at our sole discretion
  • Take action against users who post violating content

We are not obligated to monitor or review UGC but may do so to enforce these Terms or comply with legal requirements.

8.5 No Endorsement

User-Generated Content does not represent the views of Foundly Labs Pty Ltd. We do not endorse, support, or guarantee the accuracy of any UGC.

9. Intellectual Property

9.1 Our Intellectual Property

The Game, including but not limited to its software, code, graphics, artwork, sounds, music, text, user interface, game design, and all other content (collectively, "Game Content"), is owned by or licensed to Foundly Labs Pty Ltd and is protected by copyright, trademark, patent, and other intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Game and Game Content solely for your personal, non-commercial entertainment purposes in accordance with these Terms. This license does not include any right to:

  • Modify, adapt, or create derivative works
  • Distribute, publicly display, or publicly perform any Game Content
  • Reverse engineer, decompile, or disassemble the Game
  • Remove any proprietary notices or labels
  • Use the Game for any commercial purpose

9.3 Third-Party Content

The Game may include content licensed from third parties. Such content remains the property of the respective rights holders and is used in accordance with applicable licenses.

9.4 Trademarks

"Warptown," "Warp Gems," "Foundly Labs," and related logos and marks are trademarks of Foundly Labs Pty Ltd. You may not use our trademarks without prior written permission.

9.5 Feedback

If you provide suggestions, ideas, or feedback regarding the Game ("Feedback"), you grant us the unrestricted right to use such Feedback without compensation or attribution to you.

10. Third-Party Services

10.1 Third-Party Integrations

The Game integrates with various third-party services, including:

  • Authentication Providers: Farcaster, Telegram, and wallet providers
  • Blockchain Services: Various blockchain networks and payment processing services
  • Payment Processors: For card payments and alternative payment methods

10.2 Third-Party Terms

Your use of third-party services is subject to those services' respective terms and privacy policies. We are not responsible for the practices or content of third-party services.

10.3 No Endorsement

Reference to any third-party service does not constitute endorsement or affiliation unless explicitly stated.

11. Blockchain and Cryptocurrency Disclaimers

11.1 General Cryptocurrency Risks

If you choose to make cryptocurrency payments, you acknowledge and accept the following risks:

  • Volatility: Cryptocurrency values can fluctuate dramatically
  • Irreversibility: Blockchain transactions cannot be reversed once confirmed
  • Technical Complexity: You are responsible for understanding how to properly execute transactions
  • Gas Fees: Transaction fees vary based on network conditions and are your responsibility
  • Network Issues: Blockchain networks may experience congestion, delays, or outages
  • Regulatory Uncertainty: Cryptocurrency regulations vary by jurisdiction and may change

11.2 Wallet Security

You are solely responsible for:

  • The security of your cryptocurrency wallet
  • Safeguarding your private keys and seed phrases
  • Transactions initiated from your wallet

We will NEVER ask for your private keys or seed phrases. Any such request is fraudulent.

11.3 No Investment Advice

Nothing in the Game or these Terms constitutes financial, investment, or legal advice. Any cryptocurrency tokens accepted as payment methods are accepted solely for that purpose and their acceptance does not constitute endorsement as investments.

11.4 Limitation of Liability for Blockchain Transactions

We are not liable for:

  • Failed transactions due to insufficient gas or network issues
  • Transactions sent to incorrect addresses
  • Loss of funds due to wallet compromise
  • Cryptocurrency value fluctuations between transaction initiation and completion
  • Any issues with blockchain networks

12. Service Availability and Modifications

12.1 No Guaranteed Availability

The Game is provided on an "as available" basis. We do not guarantee:

  • Continuous, uninterrupted access to the Game
  • That the Game will be free from errors or bugs
  • That any specific features will remain available
  • That saved data will be preserved indefinitely

12.2 Maintenance and Updates

We may perform scheduled or emergency maintenance, updates, or patches that may result in temporary service interruptions. We will endeavor to provide notice of scheduled maintenance when possible.

12.3 Modifications to the Game

We reserve the right to modify, update, or discontinue any aspect of the Game at any time, including:

  • Adding, changing, or removing features
  • Adjusting game balance and mechanics
  • Modifying virtual item properties
  • Changing pricing structures
  • Updating the game client or infrastructure

12.4 Service Discontinuation

In the event we discontinue the Game entirely:

  • We will provide reasonable notice (minimum 30 days where feasible)
  • All Warp Gems will be forfeited with no refund
  • Saved data may be deleted
  • No compensation will be provided for virtual items or progress

13. Disclaimers

13.1 "As Is" Service

THE GAME IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR COMPLETENESS OF CONTENT
  • QUIET ENJOYMENT
  • TITLE

13.2 No Warranty of Results

We do not warrant that:

  • The Game will meet your expectations or requirements
  • The Game will be uninterrupted, timely, secure, or error-free
  • Results obtained from using the Game will be accurate or reliable
  • Any errors or defects will be corrected
  • The Game is free from viruses or harmful components

13.3 Development Disclaimer

As the Game is under active development, you acknowledge that:

  • Features are subject to change
  • Data loss may occur
  • Service interruptions are possible
  • Your feedback may influence development but we are not obligated to implement any suggestions

14. Limitation of Liability

14.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOUNDLY LABS PTY LTD, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY:

  • INDIRECT DAMAGES
  • INCIDENTAL DAMAGES
  • SPECIAL DAMAGES
  • CONSEQUENTIAL DAMAGES
  • PUNITIVE DAMAGES
  • LOSS OF PROFITS
  • LOSS OF DATA
  • LOSS OF GOODWILL
  • COST OF SUBSTITUTE SERVICES
  • OTHER INTANGIBLE LOSSES

arising out of or related to your use of or inability to use the Game, regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

14.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE GAME SHALL NOT EXCEED:

The total amount of fees actually paid by you to us for Warp Gem purchases in the twelve (12) months preceding the claim, or fifty Australian dollars (AUD $50), whichever is greater.

This cap applies to the USD-equivalent value of Warp Gems purchased and does not include the market value of any cryptocurrency tokens used for payment.

14.3 Basis of the Bargain

You acknowledge that we have set our prices and entered into these Terms in reliance upon the disclaimers and limitations of liability set forth herein, and that these form an essential basis of the bargain between us.

14.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.

15. Indemnification

You agree to indemnify, defend, and hold harmless Foundly Labs Pty Ltd and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the Game
  • Your User-Generated Content
  • Your violation of any rights of another party
  • Your violation of any applicable laws or regulations
  • Any claims related to your cryptocurrency transactions or wallet security

16. Dispute Resolution

16.1 Governing Law

These Terms and any dispute arising from or related to them or the Game shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law principles.

16.2 Jurisdiction

You agree that any legal action or proceeding arising out of or related to these Terms or the Game shall be brought exclusively in the courts located in Australia. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

16.3 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at our support page to attempt to resolve the dispute informally. We will attempt to resolve the dispute through informal negotiation within sixty (60) days.

16.4 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

16.5 Time Limitation

Any claim or cause of action arising from or related to these Terms or the Game must be filed within one (1) year after the cause of action arose, or it shall be permanently barred.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between you and Foundly Labs Pty Ltd regarding the Game and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by us.

17.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

17.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

17.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17.7 Survival

The following sections shall survive any termination of these Terms: Sections 4 (Virtual Currency), 8 (User-Generated Content), 9 (Intellectual Property), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 16 (Dispute Resolution), and 17 (General Provisions).

17.8 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

17.9 Language

These Terms are written in English. Any translated versions are provided for convenience only. In the event of a conflict between the English version and any translation, the English version shall prevail.

18. Contact Information

For questions, concerns, or support requests regarding these Terms or the Game, please contact us through our in-game support feature at Support.

By using Warptown, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.