Terms of Use

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These Terms of Use ("Terms") govern your access to and use of Waygate™, our website, and any related services (together, the "Services"), operated by Waygate ("we", "us", "our"), based in North Carolina, United States. By creating an account or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

Section 21 explains how disputes are resolved: by contacting us first, then by individual arbitration instead of in court. It also explains how to opt out of arbitration within 30 days if you prefer.

1. Eligibility

You must be at least 13 years old to use the Services, or older if the law where you live sets a higher minimum age for online services. If you are under the age of majority where you live, you may use the Services only with the consent of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the Services, including any purchases.

2. Your Account

You are responsible for your account and everything that happens under it. Provide accurate information, keep your password secure, and do not share, sell, trade or transfer your account. Tell us immediately at support@waygate.in if you suspect unauthorized access. Usernames and character names must not be offensive, impersonate others, or infringe anyone's rights.

3. License to Use the Game

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for your own non-commercial entertainment. The Services and everything we provide in them, including all software, our worlds, characters, artwork, music and other content, are owned by us or our licensors and are protected by intellectual property laws. Section 10 explains what you own in worlds you build. All rights not expressly granted are reserved.

Except as these Terms allow or applicable law permits, you may not copy, modify, distribute, sell, rent or lease any part of the Services; use them for any commercial purpose; host, run or connect to unofficial or emulated game servers; or use the Services or their content to build a competing product.

Waygate™, Wayg8™, Waygate Inn™, waygate.in™, the Waygate logo, and our other names, logos and slogans are trademarks of Waygate, and we claim exclusive rights in them. You may not use them, or anything confusingly similar, without our written permission, including in usernames, character or world names, domain names, social media handles, app or game titles, or business names. You may refer to Waygate by name to identify it accurately, such as in fan content that Section 12 allows, as long as you do not suggest that we sponsor or endorse you. Nothing in these Terms gives you a license to use our trademarks, and we may take action against any unauthorized use.

4. Work in Progress

Waygate is a work in progress. Features, content, rules, game balance and system requirements will change, sometimes significantly, and parts of the Services may be incomplete, unstable or unavailable. During development we may reset, wipe or roll back worlds, characters, progress, rankings and Virtual Items, including Virtual Items obtained with real money. We will try to announce planned resets in advance, but cannot always do so. Unless the law requires otherwise, a reset does not entitle you to a refund or other compensation.

5. Virtual Items and Currency

The Services may include virtual currency, items and other digital content ("Virtual Items"). Virtual Items are licensed to you, not sold. They have no real-world monetary value, are not a bank account or stored value, cannot be redeemed for money, and may be changed, rebalanced or removed as we develop the game. You may not buy, sell or trade Virtual Items or accounts outside the Services, and we do not recognize any such transfer.

Where a world or game mode allows player-versus-player play, losing to other players, including any loss of progress or Virtual Items that the game's rules allow, is part of the game and does not entitle you to restoration or a refund.

6. Purchases and Payments

Prices are shown before you buy and may change. You authorize us and our payment processors to charge your chosen payment method for each purchase, plus any applicable taxes, and you confirm that you are authorized to use that payment method. The account holder is responsible for all purchases made on the account, including purchases made by family members or anyone else the account holder lets use it.

Purchases are final and non-refundable except where required by law. Some purchases may be processed by a third party under its own terms. If a charge is reversed or disputed, we may suspend your account and remove the Virtual Items concerned until it is resolved. You may not use a VPN or other means to disguise your location in order to get prices or content not offered where you live.

If we offer subscriptions, the price, billing period and how to cancel will be shown before you subscribe. Subscriptions renew automatically until you cancel. Cancelling stops future renewals but does not refund the current period unless the law requires it.

If you live in the European Union or the United Kingdom, you have a legal right to withdraw from a purchase of digital content within 14 days. When you buy digital content that is delivered immediately, we will ask you to agree to immediate delivery and to acknowledge that you lose that right once delivery begins.

7. Code of Conduct

When using the Services, you agree not to:

8. Cheating, Automation and Exploits

You may not use cheats, bots, scripts, macros, automation, hacks, or any unauthorized third-party software that modifies, automates or interacts with the game. This does not apply to tools we provide, such as the game editor. You may not disable, circumvent or interfere with our anti-cheat or security systems; reverse engineer, decompile or interfere with the game, its servers or its network, except as applicable law permits; or deliberately exploit bugs. If you find a bug or exploit, report it to us instead of using it. We detect violations using both automated systems and human review.

9. Player Content

You keep ownership of content you submit through the Services, such as chat messages and names. You grant us a worldwide, non-exclusive, royalty-free, perpetual license to use, host, store, reproduce, modify, display and distribute that content in connection with operating and promoting the Services. Section 10 covers worlds and other things you build.

You confirm that you own or have all the rights needed to submit your content and to give us the rights these Terms describe, and that your content, and our use of it as these Terms allow, will not infringe anyone's rights or break any law. We may monitor, moderate and remove player content at any time, but we have no obligation to do so, and we are not responsible for content posted by players.

10. Creating and Running Worlds

Where the Services let you build worlds with our game editor, open them to other players, or run them live as a game master, these rules apply in addition to the rest of these Terms.

Who owns what. You own the original worlds and other things you create with the game editor or in the game ("Creations"), such as your own layouts, designs, stories and rules. We own the Services and everything we make, including the game editor, the engine, the core world, and our terrain, objects, characters, textures, sounds, code and other assets ("Waygate Content"), along with anything that copies or is derived from Waygate Content, apart from your original contribution to it. For example, a castle you design is yours, but the stones, trees and characters we made that it is built from remain ours. You own only your original contribution.

Our license to your Creations. You grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license, which we may sublicense, to host, run, store, reproduce, modify, adapt, display, distribute and promote your Creations, and to let other players access and play them, in connection with operating, improving and promoting the Services. To the extent the law allows, you waive any moral rights that would prevent us from using your Creations as this license allows. We may, but do not have to, credit you as a world's creator.

Your responsibilities. You are responsible for the worlds you build and run, including content you let other players add, and they must follow these Terms, including the Code of Conduct. Do not include anything you do not have the rights to use, such as other people's characters, art, music or trademarks. You may use your original Creations outside the Services, but not Waygate Content. Unless we agree otherwise in writing, you may not charge players for access to a world, sell anything in it, or make money from Waygate Content, except as Section 12 allows.

Running a world as a game master. You may set rules for the worlds you run and remove players from them. You may not use game master tools to harass, discriminate against, deceive or exploit players; ask players for passwords, payment or personal information; impersonate our staff; or set rules that conflict with these Terms.

Other players' worlds. Game masters are players, not our staff, and we do not have to review worlds before they are opened to others. We are not responsible for how other players build or run their worlds, except as required by law. You can report a world or game master that breaks these Terms to support@waygate.in.

Our rights. We may review, change, restrict, change the visibility of, or remove any world, and suspend or remove anyone's editing or game master abilities, at any time. We may keep running any world and offer it to other players, including after you stop playing or your account ends. We are not required to host, preserve or back up any world.

11. Feedback

You can send ideas, suggestions and other feedback about the Services to feedback@waygate.in. If you send us feedback, through that address or any other way, we may use it for any purpose without restriction or payment to you, and we do not have to keep it confidential.

12. Streaming, Videos and Fan Content

You may stream, record and share videos, screenshots and other fan content showing the game, and you may earn money from them through video and streaming platforms, as long as you follow these Terms and do not suggest that we endorse you or your content. This permission does not let you sell copies of the game or its assets, and we may withdraw it for specific content.

13. Third-Party Content and Worlds

The Services may include worlds, content, links, features and services created or operated by other players or third parties. We do not have to screen or review them, we do not endorse them, and we are not responsible for them, except as required by law. Your dealings with third parties, including any purchases from them, are between you and them, and their own terms may also apply.

14. Copyright Complaints

We respect intellectual property rights and respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act ("DMCA"). If you believe material on the Services infringes your copyright, send a written notice to our designated copyright agent that includes:

Our designated copyright agent is:

Copyright Agent, Waygate
5915 Farrington Rd Ste 101
Chapel Hill, NC 27517
United States
dmca@waygate.in

If your content was removed and you believe that was the result of a mistake or misidentification, you may send a counter-notice to the same agent that includes:

We terminate, in appropriate circumstances, the accounts of users who repeatedly infringe. Under the DMCA, anyone who knowingly misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages.

15. Enforcement and Termination

If you violate these Terms, we may issue warnings, remove content, reset progress or Virtual Items, or suspend or permanently ban your account, with or without notice, depending on the severity of the violation. You may stop using the Services and delete your account at any time. If your account is terminated, you lose access to it and to any Virtual Items, and you are not entitled to a refund except where required by law.

16. Changes to the Service

We may update, change, suspend or discontinue any part of the Services, including game mechanics, content and Virtual Items, at any time. The Services may update automatically, and you are not entitled to any particular future update or feature unless the law requires it. The Services require an internet connection and may be unavailable from time to time because of maintenance, outages or events beyond our control. If we decide to permanently shut down the game, we will try to give you at least 30 days' notice.

17. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT, PROGRESS OR VIRTUAL ITEMS WILL BE PRESERVED.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, VIRTUAL ITEMS, PROFITS OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN TOLD SUCH DAMAGES ARE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR US $50. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS; SEE SECTION 20.

19. Indemnity

To the extent permitted by law, you agree to indemnify and hold us harmless from any claim that a third party makes against us arising from your use of the Services, your content or Creations, or your violation of these Terms, and from any resulting losses and expenses, including reasonable legal fees.

20. Your Rights Under Local Law

Nothing in these Terms limits any rights you have as a consumer that cannot be waived or limited by contract under the law where you live. In particular:

21. Dispute Resolution and Arbitration

Informal resolution first. Most concerns can be resolved quickly by contacting us. Before starting an arbitration or court case, you agree to email legal@waygate.in with your name, account username (if you have one), a description of the dispute and the relief you want, and to try in good faith to resolve it with us for at least 30 days. We will do the same before starting a case against you. Time limits for bringing a claim are paused while we try to resolve it this way.

Agreement to arbitrate. YOU AND WE AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES THAT IS NOT RESOLVED INFORMALLY WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, NOT IN COURT, except as described under "Exceptions" below. This includes disputes about the scope, enforceability or validity of this arbitration agreement, which the arbitrator decides, except that a court decides whether the class action waiver below can be enforced. The Federal Arbitration Act governs this arbitration agreement.

Class action waiver. YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may award relief only to the individual party seeking it, and only to the extent needed to resolve that party's individual claim. By agreeing to arbitration, you and we are each giving up the right to a trial by jury.

How arbitration works. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at adr.org, before a single arbitrator. Where they apply, the AAA's Mass Arbitration Supplementary Rules also govern. Fees are paid as the AAA's rules provide, which limit the fees a consumer pays. Unless you and we agree otherwise, any hearing will take place by video or telephone, or in person in the county where you live. The arbitrator may award the same individual relief a court could, and judgment on the award may be entered in any court with jurisdiction.

Exceptions. Either of us may bring an individual claim in small claims court if it qualifies. Either of us may also go to court to stop infringement or misuse of intellectual property, or to seek temporary relief while an arbitration is pending. If a court decides that any part of the class action waiver cannot be enforced for a particular claim or type of relief, that claim or relief will be decided in court after the individual claims are arbitrated, and will not be arbitrated on a class basis.

Opting out. You may opt out of this arbitration agreement by emailing legal@waygate.in within 30 days of first accepting these Terms, with your name, account username (if you have one), and a statement that you opt out of arbitration. Opting out does not affect any other part of these Terms. If we change this Section 21, you may reject the change by emailing us within 30 days of the change taking effect, and the previous version will continue to apply to you.

Governing law and courts. These Terms and any dispute between you and us are governed by the laws of the State of North Carolina and applicable U.S. federal law, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Except for small claims cases, any dispute that is allowed to proceed in court will be brought exclusively in the state or federal courts located in North Carolina, and you and we consent to the personal jurisdiction of those courts.

Consumers outside the United States. If you are a consumer living in the European Union, the United Kingdom, or anywhere else whose law does not allow consumers to agree to arbitration in advance, the arbitration agreement and class action waiver above do not apply to you. You also keep the protection of the mandatory laws of the country where you live, and you may bring a case in the courts there.

22. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you in the game, by email, or on our website at least 30 days before they take effect, unless a change is required by law or relates only to new features, in which case it may take effect sooner. Continuing to use the Services after the changes take effect means you accept the updated Terms. If you do not agree, stop using the Services and delete your account.

23. General

These Terms, together with our Privacy Policy and any additional terms we show you for specific features, are the entire agreement between you and us about the Services. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. These Terms do not give any rights to anyone other than you and us.

Provisions that by their nature should continue after these Terms end will survive, including those on licenses you grant us, Feedback, Disclaimers, Limitation of Liability, Indemnity, and Dispute Resolution and Arbitration.

We are not responsible for delays or failures caused by events beyond our reasonable control, such as outages, natural disasters, war, labor disputes or government action. Nothing in these Terms prevents us from complying with law enforcement or regulatory requests.

You must comply with all applicable export control and sanctions laws. You confirm that you are not located in a country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of prohibited or restricted parties. You agree that we may send you notices and other communications electronically, such as by email or in the game.

24. Contact Us

If you have questions about these Terms, contact us at legal@waygate.in.