Terms of Service
January 24, 2024
Terms of Service
By using our Services, whether as a guest, as a registered user, or otherwise, you agree that these Terms of Service will govern your relationship with Godmode. If you do not completely agree to these Terms of Service then you must not use any of our Services.
“Account” means, any account provided by Godmode that you create to access certain Services.
“Conflict” means, any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and Godmode, claims that arose before this agreement, and claims that may arise after the termination of this agreement; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
“Godmode” means, Troy Guild Ltd d/b/a Godmode located at Unit 82a James Carter Road, Mildenhall, Bury St. Edmunds, England, IP28 7DE. References to “Us,” “We,” or “Our” means Godmode, including any and all subsidiaries parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Godmode does not include Godmode Affiliates or third parties (analytics or ad tech companies, or similar organizations).
“Godmode Affiliate” (or “Godmode Affiliates”) means Godmode’s third-party content providers, distributors, licensees, or licensors.
“Intellectual Property Rights” means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
“Notice” means, a delivered writing by e-mail, courier, or by Federal Express delivery to the other party at their respective address, and will be effective upon receipt.
“Service” (or “Services”) means, any website, device, platform, content, and other related products and services provided by Godmode and Godmode Affiliates, including without limitation any titles, computer code, themes, objects, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, chat transcripts, profile information, recordings of games played using a Godmode game client, and Godmode game clients and server software.
“Terms of Service” (or “Terms”) means, the terms and conditions in this agreement.
“User Content” means, any and all data that you upload, transmit, or create through the Services, including without limitation character skins, buildings, forum posts, Account personas, profile information, software, sound, images, videos, precise and imprecise location data, EXIF data, timestamps, metadata, and any other content contributed by users to the Services.
Ownership and Limited License
The Services are owned or licensed by Godmode, and are protected by Intellectual Property Rights and other proprietary rights laws. Godmode reserves all right, title, and interest in and to the Services, including without limitation all Intellectual Property Rights and other proprietary rights, that are not explicitly granted to you in these Terms. Your permitted use of the Services is limited by the Intellectual Property Rights of Godmode.
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Godmode policies, Godmode grants you a non-commercial, non-exclusive, non-transferable, revocable, limited license, subject to the limitations in these Terms, to access and use the Services for your own leisure, research and business purposes. You agree that you will not use the Services for any other purpose. You acknowledge that in order for Godmode to provide you with Services, it is necessary to also provide related functionality, such as analytics, measurement, ad personalization, financial transaction processing, fraud prevention, identity checks, security measures, marketing, and customer support.
License Limitations. Any use of the Services in violation of the law, these Terms of Service, or these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license at Godmode’s sole judgment, or may subject you to liability for violations of law.
You acknowledge you will not directly or indirectly:
Partake in any activity or action that Godmode deems to be against the spirit or intent of the Services;
Copy, modify, edit, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute any material obtained through the Services;
Lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services, including without limitation access to or use of the Services;
Delete, alter, or obscure any Intellectual Property Rights or other proprietary rights notices from copies of materials from the Services;
Attempt to harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, Godmode itself or Godmode Affiliates;
Organize or participate in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preferences, religion, heritage or nationality, disability or other health class, gender, age, or similar classes determined by Godmode;
Initiate, assist, or become involved in any form of attack or disruption to the Services, including without limitation distribution of a virus, worm, spyware, time bombs, corrupted data, denial of service attacks upon the Services, or other attempts to disrupt the Services or other person's use or enjoyment of the Services;
Use robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, or manipulate the Services, Accounts, or Godmode;
Use of access services to obtain, generate, or infer any business information about Godmode or Godmode Affiliates, including without limitation information about sales or revenue, staff, technical stack, or statistics about users;
Promote, encourage, or participate in any activity involving hacking, phishing, distribution of counterfeit Services, or taking advantage of or creating exploits, cheats, bugs, errors, or undocumented features, except for the sole purpose of privately and directly notifying Godmode;
Make available through the Services any material or information that infringes any Intellectual Property Right, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation celebrities and Godmode employees;
Attempt to gain unauthorized access to Services or Accounts not belonging to you;
Use the Services where it is prohibited by law.
Each Account may only be used by one person. You must take all necessary steps to protect the secrecy of your log in information. Your Account may be terminated if someone else uses it. You must immediately notify Godmode of any unauthorized use of your Account or any other such breach of security. Godmode shall not be responsible to you for any loss or harm that results from an unauthorized person accessing your Account.
Godmode may permanently delete Accounts that are deemed inactive. Accounts shall be deemed inactive when they have not been used for One Hundred and Eighty (180) days.
You acknowledge that if your Account is deleted then you may lose access to any information associated with that Account. If you wish to delete your Account, please alert Godmode by sending Notice to the following contact: email@example.com
No matter what else is said in these Terms or anywhere else within the Services, you expressly acknowledge that you have no right, title, or interest to or in any Account you create through our Services, and your Account is not your property. Your Account is owned by Godmode and is licensed to you on a limited basis under the same rules as 2(a) and 2(c).
Fees and Payment Terms
Customer will pay Godmode the then applicable fees described in the Order Form or Quote for the Licensed Materials in accordance with the terms therein (the “Fees”). If Customer’s use of the Licensed Materials exceeds the Service Capacity set forth on the Order Form or Quote or otherwise requires the payment of additional fees (per the terms of this Agreement), Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein. Godmode reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then current renewal term, upon thirty (30) days prior notice to Customer (which may be sent by email). If Customer believes that Godmode has billed Customer incorrectly, Customer must contact Godmode no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company’s customer support department (firstname.lastname@example.org).
Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Order Form or Quote, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the “Term”), unless either party requests termination with at least thirty (30) days notice.
Cancellation & Refunds
You can cancel Godmode subscription any time. To cancel your subscription, you can go to the settings page in your dashboard or email us at email@example.com
Refunds & Trials
We run a 15 days free trial program with our customers. If you are not happy with Godmode in your free trial of 15 days, you can cancel your account and you will not be charged.
To the maximum extent permissible by law, Godmode assumes no responsibility or liability for the conduct of any user submitting any User Content, and assumes no responsibility or liability for pre-screening or monitoring the Services for inappropriate or illegal content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Services is at your own risk, and you are solely responsible for any User Content that you post.
When you transmit or upload User Content, you agree to abide by the following rules:
All content will be accurate, complete, and free from fraud and deception;
All content will be free of any Intellectual Property Rights infringement;
All content should not be threatening, harassing or promote racism, bigotry hatred or physical harm of any kind against any group or individual or promote or encourage violence or illegal activities;
All content will be in compliance with these Terms of Service;
All content will not be in violation of any law, contractual restrictions, or other parties' rights;
All content will be free of viruses, adware, spyware, worms, or other malicious code;
All content will be free of spam, commercial solicitation, chain letters, and mass mailings.
You hereby grant Godmode a non-exclusive, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to use, copy, reproduce, quote, re-post, fix, print, archive, store, modify, adapt, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, syndicate, transfer, translate, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, perform, enter into computer memory, and practice, in any way, your User Content, or any portion thereof, in any manner or form in any medium or format, whether now known or hereafter devised, as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services, and without Notice, payment, or attribution of any kind to you or any third party. Accordingly, you grant to Godmode and Godmode Affiliates all licenses, consents, and clearances necessary to enable Godmode to use User Content for such purposes. You also hereby grant to Godmode the right to authorize others to exercise any of the rights granted to Godmode under this Section. You further hereby grant to Godmode the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Godmode does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content.
In compliance with the Digital Millennium Copyright Act, and other similar or equivalent applicable laws, if Godmode is notified that you have infringed the copyrights or other Intellectual Property Rights of others then your access to the Services may be terminated without prior Notice to you. If you believe that your content has been infringed in the Services, please notify us by emailing the following address: firstname.lastname@example.org. Note that if you knowingly misrepresent copyright infringement, you may be liable for damages, including costs and attorneys’ fees. Notices submitted to Godmode under this provision should include:
A description of the Intellectual Property Rights claimed to have been infringed;
A description of the material claimed to be infringing;
Your name, mailing address, phone number, and email address
A statement by you that: (1) you have a good faith belief that Intellectual Property Rights infringement has occurred here; and (2) the information in this notification is accurate, and, under penalty of perjury, you are authorized to act on behalf of the owner of the Intellectual Property Rights that are allegedly infringed; and
A physical or electronic signature of a person authorized to act on behalf of the owner of the Intellectual Property Rights that are allegedly infringed.
Consent for Data Sharing
User Consent Mechanism: Upon first use of our app, you will be presented with a detailed consent form that outlines the types of data we share, the third-party tools involved, and the purpose of this data sharing.
Affirmative Action Required: You are required to actively agree to this consent form, either by ticking a checkbox or pressing an 'Agree' button. Implicit consent, such as continuing to use the app without explicit agreement, is not considered as consent.
Revocation of Consent: You may revoke your consent at any time through the app settings. Upon revocation, we will cease to share your data with third-party tools, and any data previously shared will be handled according to our data retention policy.
Data Sharing with Third-Party Tools
Our application is committed to maintaining your privacy and ensuring transparency in how your data is used. This section provides detailed information about the data we share with third-party tools, including AI models.
Personal Information: This includes your name, email address, calendar events, your contacts' email addresses and other personally identifiable information you provide during the registration or usage of our app.
Usage Data: We collect data about how you interact with our app, such as the features you use, the time spent on the app, and your app preferences.
Device Information: This includes information about the device you use to access our app, such as the device model, operating system, and IP address.
Purpose of Data Sharing:
Enhancing User Experience: We use AI models to personalize your experience, recommend features, and optimize our app's performance.
Analytical Purposes: Third-party analytics tools help us understand app usage patterns to improve our service.
Security Measures: Certain data is shared to enhance the security of our app and protect against fraudulent activities.
Unless modified or amended by Godmode, this agreement and its provisions shall remain in effect. Termination of any license granted by Godmode under this agreement does not affect any other provisions of this agreement.
Account Access and Permissible Assignment
If you have been previously banned from using any Godmode Services then you may not use our Services.
Service Availability and Termination
You acknowledge that:
Godmode may in its sole and absolute discretion provide subsequent amendments, versions, enhancements, modifications, upgrades or patches related to any part of the Services;
Godmode has absolute and sole discretion to immediately terminate or restrict access to the Services, or any portion of the Services, including any and all Accounts and any and all funds related to your Account at any time, for any reason, without Notice and without liability to you;
Access to the Services may be interrupted for reasons within or beyond the control of Godmode, and that Godmode cannot and does not guarantee you will be able to use the Services whenever you wish to do so;
Godmode may not offer the Services in all countries or geographic locations;
You are solely responsible for any internet connection and mobile fees that you may incur as a result of using our Services.
Warranty and Liability
YOU ACKNOWLEDGE THAT GODMODE AND GODMODE AFFILIATES ARE NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE SERVICES ARE PROVIDED BY GODMODE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. GODMODE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION IN YOUR LOCAL JURISDICTION. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GODMODE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GODMODE DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE AGGREGATE LIABILITY OF GODMODE AND/OR GODMODE AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO GODMODE AND/OR GODMODE AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID GODMODE OR ANY GODMODE AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GODMODE AND/OR ANY GODMODE AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY, AND YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES, COUNTRIES, OR JURISDICTIONS, GODMODE AND GODMODE AFFILIATES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SUBJECT TO ANY APPLICABLE STATUTORY CONSUMER RIGHTS LAWS IN YOUR LOCAL JURISDICTION.
You agree to defend, indemnify and hold harmless Godmode, Godmode Affiliates, and any third-parties under agreement with Godmode, and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
Your failure to comply with any provision of these Terms of Service;
Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
Godmode and Godmode Affiliates reserve the right, but not the obligation, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
You acknowledge, and further agree that Godmode has no obligation to defend, indemnify or hold harmless you in any way related to this agreement, including but not limited to your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
This Section shall survive the termination of this agreement.
It is your responsibility to read, understand, and accept this agreement in connection with your use of the Services. You acknowledge that Godmode may make changes to these Terms of Service at any time, and that Section headings in this agreement are for purposes of convenience only. Unless Godmode states otherwise, any changes to these Terms are effective when posted. If you continue to use the Services after any changes are posted then you agree that those changes will apply to your continued use of the Services. You should check this page regularly to stay informed about any changes.
Complete agreement. This agreement: (1) is the final and complete agreement and understanding of the parties concerning the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous agreements and understandings with respect thereto; (2) may not be changed, amended, or in any manner modified by you except as authorized in a writing signed by both parties’ authorized agents; (3) is not assignable, except to a successor in interest to substantially all of a party’s business or assets and any other attempt to assign or transfer this agreement or any interest herein is void; and (4) shall be binding upon, and inure to the benefit of, the parties hereto, their respective heirs, executors, administrators, successors, personal representatives, licensees, and assigns.
Force Majeure. No party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party, including, war, terrorism, acts of public enemies, strikes or other labor disturbances, power failures, fires, floods, earthquakes, acts of God, and other natural disasters.
No act or failure to act by Godmode will be deemed a waiver of any right contained in this agreement, and any waiver by Godmode must be in writing and signed by an officer of Godmode . If Godmode does expressly waive any provision of this agreement, such waiver shall not be a waiver of any other provisions of this agreement, and the waived provision shall not be waived for all time in the future.
If any provision or sub-provision of this agreement is found to be invalid or unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision or sub-provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.
You acknowledge and agree that any violation or threatened violation of this agreement will cause irreparable injury to Godmode , entitling Godmode to seek injunctive relief without the necessity of proving actual damages, in addition to all other remedies at law or in equity. You specifically acknowledge that money damages alone would be an inadequate remedy for the injuries and damages that would be suffered and incurred by Godmode as a result of a breach of any of the provisions of this agreement.
Governing Law and Venue. Any dispute or claim arising out of or related to this agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to any choice or conflict of laws principles. Unless subject to arbitration under Section 10, the Courts in the State of New York shall have exclusive jurisdiction over any legal suit, action, or proceeding arising out of, or relating to, disputes or claims that might arise under this agreement. Accordingly, the parties consent to the personal jurisdiction of the Courts in the State of New York, and hereby waive any and all jurisdictional or venue defences otherwise available to them.
To the fullest extent permitted by law, the controlling language for these Terms of Service is English.
Godmode Transactional Messaging Terms and Conditions
Godmode Transactional Messaging Service (“Messaging”) is used to contact users regarding your online subscriptions, status and transactions.
If you are experiencing issues with Messaging, you can reply with the keyword HELP for more assistance, or you can get help directly at email@example.com
Carriers are not liable for delayed or undelivered messages
As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.