ACE ARENA - TERMS OF SERVICE

Last Updated: April 30, 2025

INTRODUCTION

Welcome to Ace Arena! These Terms of Service ("Terms") are a legal agreement between SparkGame Interactive Entertainment Co., Limited ("SparkGame", "we", "us", or "our"), a company registered in the United States, and you ("User", "you" or "your"). By accessing, downloading, installing, or using Ace Arena (the "Game") or any related services, features, content, websites, or applications offered by us (collectively, the "Services"), particularly when accessed or used via the Discord platform, you agree to be bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING, DOWNLOADING, INSTALLING, OR USING THE GAME OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE GAME OR SERVICES.

You also acknowledge that you have read and understood our Privacy Policy, which describes how we collect, use, and share your information.

1. AGREEMENT TO TERMS

By using our Services, you agree to these Terms and our Privacy Policy. You also agree to comply with any applicable terms and conditions of the platform through which you access the Services, including the Discord Terms of Service and Community Guidelines. If there is a conflict between these Terms and Discord's terms, Discord's terms will prevail with respect to your use of the Discord platform.

2. ELIGIBILITY AND ACCOUNTS

2.1 Eligibility

You must be at least 13 years old (or such other minimum age as required by the law in your jurisdiction) to use the Services. In the European Union, the minimum age may be 16 in certain countries. If you are under the age of 18, or the age of legal majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. SparkGame may implement age verification mechanisms as required by applicable law.

2.2 Account

You may need a Discord account or another account to access certain features of the Game. You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

2.3 Account Termination

If you violate these Terms, SparkGame reserves the right to take graduated enforcement actions including: (i) issuing a warning, (ii) temporary suspension, or (iii) termination of your account. Before termination for serious violations, we will attempt to provide notice when practical. A User that wishes the account to be terminated can request this through our customer support. The account will be terminated after 14 days if the process is not reversed by the User during the 14-day period.

2.4 Inactive Accounts

Accounts that have not been used within the last 12 months may be deactivated. Prior to deactivation, we will send a notification to the email associated with your account. Any virtual currency or items purchased by you and available on your account will not be refunded after deactivation, except for purchases made within 14 (fourteen) days prior to the deactivation.

3. LICENSE GRANT

Subject to your compliance with these Terms, SparkGame grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Game and Services for your personal, non-commercial entertainment purposes. SparkGame reserves the right to modify or discontinue the Service or change the content of the Service at any time, with reasonable notice for material changes when possible, and without liability.

4. INTELLECTUAL PROPERTY

4.1 Ownership

All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound, raw and source materials, art, digital source files, source code, databases, typography) and other files, and their selection and arrangement) are protected by law from unauthorized use.

The Services, including the Game, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services ("Materials") are protected by intellectual property and other laws. All Materials included in the Services are the property of SparkGame or our third-party licensors. Except as expressly authorized by SparkGame, you may not make use of the Materials. SparkGame reserves all rights to the Materials not granted expressly in these Terms.

4.2 Restrictions

You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without SparkGame's express prior written permission. All other uses of copyrighted material, including any derivative use, requires express prior written permission from SparkGame.

5. CODE OF CONDUCT

You agree not to do any of the following while using the Services:

• Violate any applicable law or regulation.
• Violate the Discord Terms of Service or Community Guidelines.
• Use cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Services or any Game experience.
• Use, develop, or distribute unauthorized third-party programs that interact with the Service in any way, including but not limited to, unauthorized third-party programs that read areas of computer memory or storage devices used by the Service.
• Use any unauthorized software that intercepts, mines, or otherwise collects information from or through the Service, including without limitation any software that reads areas of RAM or streams of network traffic used by the Service.
• Engage in any activity that is harmful, abusive, threatening, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically, or otherwise objectionable.
• Disrupt, interfere with, or otherwise adversely affect the normal flow of the Game or otherwise act in a manner that may negatively affect other users' experience.
• Attempt to gain unauthorized access to the Services, accounts registered to others, or to the computers, servers, or networks connected to the Services.
• Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
• Use the Services for any commercial purpose without our express written consent.
• Collect or store personal data about other users without their express permission.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Engage in any form of disruptive behavior during competitive gameplay, including but not limited to, intentionally losing, abandoning matches, or otherwise manipulating the ranking or matchmaking systems.
• Sell, buy, trade, or otherwise transfer or offer to transfer game accounts, virtual items, or virtual currency outside of the Game.

We reserve the right to investigate and take appropriate action, including account suspension or termination, against anyone who, in our sole discretion, violates this Code of Conduct. SparkGame may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

6. USER-GENERATED CONTENT

6.1 License Grant to SparkGame

If the Game allows you to create, upload, or share content ("User Content"), you grant SparkGame a worldwide, non-exclusive, royalty-free, perpetual, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and SparkGame's (and its successors' and affiliates') business, including for promoting and redistributing part or all of the Services.

6.2 Representations and Warranties

You represent and warrant that you have the necessary rights to grant the licenses granted in this section and that your User Content does not violate any third-party rights or applicable laws. You are solely responsible for your User Content and the consequences of posting or publishing it.

6.3 Content Removal

If User Content is removed for violating these Terms or applicable law, SparkGame will make reasonable efforts to provide notice of the removal and the reason for it. We will consider requests to review content removal decisions. Any virtual currency or items lost from the removal of User Content that violates these Terms will not be refunded.

7. VIRTUAL ITEMS AND CURRENCY

7.1 Virtual Items

The Services may include virtual currency, points, or items ("Virtual Items"). You agree that Virtual Items have no monetary value and cannot be redeemed for cash. You receive only a limited, revocable license to use Virtual Items within the Services. Any purchase of in-game features is limited to be used within the game it has been purchased for.

7.2 Management of Virtual Items

We may manage, regulate, control, modify, or eliminate Virtual Items at any time. For any significant changes to purchased Virtual Items, we will make reasonable efforts to provide advance notice through in-game notifications, email, or our official communication channels. We shall have no liability to you or any third party in the event that we exercise any such rights. The transfer of Virtual Items is prohibited except where expressly authorized in the Services. You shall not sell, purchase, rent, or exchange Virtual Items outside of the Services.

7.3 Purchases and Refunds

All purchases and redemptions of Virtual Items made through the Services are final and non-refundable, except:

• Within 14 days of purchase if the Virtual Items have not been used or consumed;
• As required by applicable consumer protection laws in your jurisdiction;
• When expressly specified otherwise in these Terms.

You are solely responsible for all purchases made by you or anyone using your account.

You represent that you are at least 18 years of age or you have the consent of a parent or legal guardian before you make any purchases.

Prices and availability of virtual in-game goods are subject to change without notice.

8. COMPETITIVE GAMEPLAY AND TOURNAMENTS

8.1 Competitive Play

Ace Arena offers competitive 5V5 team gameplay, bomb defusal modes, and zombie modes. When participating in competitive play, you agree to:

• Play fairly and adhere to all game rules
• Not exploit bugs or glitches
• Complete matches you have started
• Communicate respectfully with teammates and opponents
• Not manipulate the matchmaking or ranking systems
• Accept penalties for violations, including temporary bans from competitive play

8.2 Tournaments and Events

SparkGame may organize or authorize third parties to organize tournaments or events for Ace Arena. Participation in such tournaments or events may be subject to additional terms and conditions, which will be provided at the time of the event.

If SparkGame is the organizing entity, SparkGame competition regulation will apply. SparkGame can close User's accounts according to these Terms with no right of compensation if the User is in breach of the Terms or the competition regulation.

9. DISCORD INTEGRATION

9.1 Discord Platform

Ace Arena is distributed and operated via the Discord platform. When using Ace Arena through Discord, you must comply with Discord's Terms of Service and Community Guidelines in addition to these Terms.

9.2 Discord-Specific Features

You understand that certain features of Ace Arena may be integrated with Discord functionality, including but not limited to Discord servers, channels, direct messaging, voice chat, and social features. Your use of these features is also governed by Discord's policies.

9.3 Third-Party Services

The Game may contain links to third-party websites or services, including those integrated through Discord. SparkGame is not responsible for the content or practices of any third-party websites or services, and you access such third-party websites or services at your own risk.

10. DISCLAIMER OF WARRANTIES

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SPARKGAME DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPARKGAME, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (c) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL SPARKGAME'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100) OR THE AMOUNT YOU PAID SPARKGAME, IF ANY, IN THE LAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER OR EXCLUDE INJURIES ARISING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SparkGame and its affiliates, officers, employees, agents, partners, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

13. TERMINATION

We may terminate or suspend your access to the Services immediately, with notice when possible, for any reason whatsoever, including, without limitation, if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

14. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, USA, without regard to its conflict of law principles, provided that this choice of law does not deprive you of the protection afforded to you by the mandatory consumer protection provisions of your country of residence.

For users in the European Union, United Kingdom, and other jurisdictions with mandatory consumer protection laws, you may bring a claim in your local courts if permitted by your local consumer protection laws.

For all other users, you agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the federal or state courts located in Denver County, Colorado, and you consent to the jurisdiction of and venue in such courts.

YOU AND SPARKGAME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

15. CHANGES TO TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our reasonable discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.

16. LANGUAGE VERSIONS

These Terms are provided in both English and Chinese. In the event of any discrepancy between language versions, the English version shall prevail.

17. MISCELLANEOUS

These Terms constitute the entire agreement between you and SparkGame regarding the Services. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.