End User Licence Agreement and Terms of Service

Effective Date: March 17th, 2026

This End User License Agreement and Terms of Use (the “Agreement”) is a legal agreement between you and BOREALYS GAMES INC., with its principal place of business at MONTREAL, QUEBEC, CANADA (“Borealys,” “we,” “us,” or “our”).

This Agreement governs your access to and use of any Game or Service published, made available, or operated by Borealys that expressly references or links to this Agreement.

For purposes of this Agreement:

• “Games” means Borealys video games, demos, betas, patches, updates, downloadable content, and related software or digital content that expressly reference or link to this Agreement.
• “Services” means Borealys-operated online features, websites, support channels, community spaces, playtests, programs, and related services that expressly reference or link to this Agreement.

Please read this Agreement carefully. This page is provided as a reference copy of the Agreement that governs the use of Borealys Games and Services that expressly reference or link to it. Where acceptance of this Agreement is required, you will be asked to review and accept it through the relevant game, launcher, service, or other Borealys-operated flow before using the applicable Games or Services. If you do not agree to this Agreement, do not accept it in the applicable flow and do not use the relevant Games or Services.

You must be legally capable of entering into this Agreement in your jurisdiction. If you are not legally capable of doing so on your own, your parent or legal guardian must review and accept this Agreement on your behalf.

Subject to this Agreement, Borealys grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable licence to download, install, and use the Games for your own personal, non-commercial entertainment purposes. Borealys and its licensors retain all other rights in the Games and related intellectual property.

3. Right to Access and Use the Services

Subject to this Agreement, Borealys permits you to access and use the Services for your own personal, non-commercial purposes.

Your access to particular Services may depend on technical requirements, account status, platform availability, age restrictions, region, or other lawful conditions applicable to the relevant Service.

4. Platforms and Third-Party Services

The Games and Services may be distributed, hosted, sold, supported, or made available through third-party services or platforms, including storefronts, console services, social or community platforms, cloud or hosting services, and payment providers.

Your relationship with those third parties may also be governed by their own terms, policies, and technical requirements. Borealys is not responsible for third-party services, accounts, payment processing, moderation decisions, outages, or technical failures, except to the extent required by applicable law.

The Games and Services, including their software, code, writing, audiovisual content, music, sound effects, dialogue, art, characters, names, logos, interfaces, and other protected content, are owned by Borealys or its licensors and are protected by applicable intellectual property and other laws.

This Agreement does not give you any ownership interest in the Games or Services or in Borealys’ or its licensors’ intellectual property. You may not remove, alter, or obscure copyright, trademark, or other proprietary notices included in or with the Games or Services.

You agree that you will not, and will not assist, encourage, or permit others to:

1. copy, reproduce, distribute, publicly perform, publicly display, or commercially exploit the Games or Services except as expressly permitted by this Agreement or by applicable law;
2. sell, rent, lease, sublicense, assign, or transfer your rights to use the Games or Services except through platform functionality expressly made available for that purpose, if any;
3. reverse engineer, decompile, disassemble, translate, adapt, or derive source code from the Games, except to the extent applicable law expressly permits such activity notwithstanding this restriction;
4. bypass, disable, or interfere with security, authentication, anti-cheat, or other technical protection measures used by the Games or Services, except to the extent applicable law expressly permits such activity notwithstanding this restriction;
5. use cheats, bots, unauthorized automation, hacks, exploits, or other unauthorized methods that interfere with the Games or Services or other users’ fair use of them;
6. interfere with, disrupt, overload, or attack Borealys servers, matchmaking services, telemetry systems, or other infrastructure used to operate the Games or Services;
7. upload, transmit, or distribute malware or other harmful code through the Games, Services, or related Borealys channels;
8. use the Games or Services to harass, threaten, abuse, defame, impersonate, or otherwise violate the rights of others; or
9. use the Games or Services for unauthorized commercial services or commercial exploitation, including account selling, boosting, paid-access schemes, or unauthorized resale or redistribution of access, without Borealys’ prior written consent.
10. use the Games or Services, or any content, assets, outputs, audiovisual elements, characters, dialogue, music, sound effects, screenshots, recordings, transcripts, maps, levels, text, data, or other materials from them, to develop, create, prompt, train, fine-tune, validate, test, improve, or enhance any artificial intelligence, machine learning, deep learning, neural network, large language model, generative AI system, or similar technology, whether for commercial or non-commercial purposes;
11. use text and data mining, web crawling, scraping, automated capture, screen capture, recording, extraction, or similar data-gathering methods to create datasets from the Games or Services or their content for use with any artificial intelligence, machine learning, deep learning, neural network, large language model, generative AI system, or similar technology; or
12. use the Games or Services, or any content or assets from them, as prompt input, reference input, source material, or similar input for any artificial intelligence or generative AI system to create outputs that reproduce, imitate, derive from, or are substantially similar to the Games or Services or their content, except as expressly permitted in writing by Borealys.

For clarity, this Section is not intended to prohibit uses that solely operate on your own lawfully created content without training on Borealys content or creating new content from Borealys content, such as ordinary file compression, format conversion, accessibility features, or similar technical processing.

Some Games or Services may require a platform account or another account provided by a third party. You are responsible for taking reasonable steps to safeguard your login credentials and account access.

If you reasonably believe that your account or the Games or Services have been accessed without authorization, you should promptly notify the relevant platform or service provider and, where appropriate, Borealys.

The Services may include online or network-dependent features such as multiplayer, leaderboards, cloud saves, live events, account-linked progress, community features, or similar functionality. Those Services may require internet access and may depend in whole or in part on third-party services.

Borealys will make reasonable efforts to keep supported Borealys-operated Services available, but Services may be interrupted, changed, limited, suspended, or discontinued for technical, legal, operational, security, or business reasons. Where reasonably practicable, Borealys may provide notice of material changes affecting supported Borealys-operated Services.

Borealys may release patches, bug fixes, compatibility updates, balancing changes, anti-cheat measures, security updates, and other updates for the Games and Services. Some updates may be necessary for security, stability, compatibility, or continued access to certain features.

Borealys may also modify, rebalance, remove, or replace features, modes, rewards, or technical requirements. Where reasonably practicable, Borealys may provide notice of material changes affecting supported Borealys-operated Services.

Nothing in this Section limits any mandatory rights or remedies you may have under applicable law.

If the Games or Services allow you to submit, upload, post, share, or otherwise make available content such as usernames, text, screenshots, videos, or other materials (“User Content”), you retain whatever rights you may have in that User Content.

By submitting User Content through the Games, Services, or official Borealys channels, you grant Borealys a non-exclusive, worldwide, royalty-free license to host, store, reproduce, format, display, distribute, and otherwise use that User Content only as reasonably necessary to operate, moderate, support, improve, and promote the relevant Games, Services, and Borealys’ official channels relating to them.

Where reasonably necessary for those purposes, Borealys may allow its service providers and contractors to exercise those rights on Borealys’ behalf, subject to appropriate confidentiality and use restrictions.

You represent that you have the rights necessary to submit the User Content and that the User Content does not violate applicable law or the rights of any third party.

Borealys may remove or restrict User Content that Borealys reasonably believes is unlawful, infringing, abusive, harmful, or inconsistent with this Agreement or any community rules expressly presented as applying to the relevant feature or Service.

When using online features, official community spaces, or related Borealys Services, you agree not to engage in unlawful, fraudulent, abusive, hateful, discriminatory, threatening, infringing, invasive, sexually exploitative, or otherwise harmful conduct.

Borealys may moderate official community spaces and may remove content or limit access where Borealys reasonably believes such action is necessary to protect the community, Borealys, other users, or third parties, or to comply with law or platform requirements.

If you voluntarily send Borealys bug reports, technical suggestions, or other feedback specifically relating to the Games or Services (“Feedback”), you grant Borealys a non-exclusive, worldwide, royalty-free, perpetual license to use that Feedback to test, improve, support, develop, and market the Games, Services, and related Borealys products and services, without any obligation to compensate you.

This Section applies only to Feedback you voluntarily provide. Unless Borealys expressly requests them, please do not send confidential or unsolicited creative submissions, concepts, pitches, storylines, or similar materials.

Some Games or Services may include cosmetic items, progression rewards, unlocks, or other digital entitlements. Where applicable to a particular Game or Service, those features form part of your licensed or permitted use of that Game or Service and do not have independent monetary value outside it unless applicable law requires otherwise.

Borealys may modify, rebalance, remove, or discontinue such features for gameplay, technical, legal, operational, or security reasons, subject to applicable law and any mandatory platform or statutory rights.

Borealys generally permits individuals to create and share non-commercial or ad-monetized videos, livestreams, screenshots, reviews, commentary, walkthroughs, guides, and similar fan content featuring the Games or Services, provided that:

1. the content does not falsely imply official endorsement, sponsorship, or affiliation by Borealys;
2. the content complies with applicable law, platform rules, and this Agreement; and
3. the content does not include leaked, confidential, or embargoed material obtained without authorization.

For clarity, this permission generally includes ordinary creator-side production, editing, accessibility, formatting, and moderation tools used to create or distribute your own video, stream, screenshot set, review, or similar fan content, including tools for captioning, subtitling, translation, audio cleanup, noise reduction, compression, resizing, thumbnail layout, transcription, search, discovery, content moderation, or similar technical assistance.

However, this Section does not permit any use prohibited elsewhere in this Agreement, including any use of the Games, Services, or their content as training material, dataset material, or prohibited prompt or reference input for artificial intelligence systems where such use is restricted by Section 6.

This Section also does not permit you to extract, compile, or use Borealys content as a standalone asset pack, dataset, model input library, or other reusable source material separate from your own creator content, except as Borealys expressly permits in writing.

If Borealys publishes a separate creator or fan-content policy and expressly presents it as applying to such uses, that policy will also apply.

Borealys may withdraw or limit this permission for particular content or channels where Borealys reasonably believes it is necessary to address unlawful use, leaked or confidential material, misleading endorsement claims, repeated non-compliance, community safety concerns, or legal obligations. Where reasonably practicable, Borealys may first provide notice and an opportunity to correct the issue.

Your use of the Games or Services may involve the collection, use, communication, retention, and other processing of personal information as described in Borealys’ Privacy Policy, available at: https://borealysgames.com/privacy-policy/

Where Borealys collects personal information through the Games, Services, website, support channels, or related technological means, Borealys will provide the notices and disclosures required by applicable law.

Where required by applicable law, Borealys may request additional consent, including parental or guardian consent, before collecting or using certain personal information or before enabling certain features.

For privacy-related questions or requests, you may contact BOREALYS’S PRIVACY OFFICERS at privacy@borealysgames.com

This Agreement remains in effect until terminated.

You may terminate this Agreement at any time by stopping all use of the Games and Services and uninstalling the applicable Games, where applicable.

Borealys may suspend or terminate your access to some or all of the Games or Services, or to specific online features or official community spaces, if Borealys reasonably believes that:

1. you have materially breached this Agreement;
2. suspension or termination is reasonably necessary for security, fraud prevention, anti-cheat enforcement, legal compliance, technical integrity, or platform compliance;
3. your conduct creates a material risk of harm to Borealys, the Games, the Services, other users, or third parties; or
4. a Service is being discontinued.

Where a Game can continue to function locally without Borealys-operated Services, Borealys will normally limit enforcement to the affected Services, official community spaces, or future updates, unless broader action is reasonably necessary for legal, security, rights-holder, or platform-compliance reasons.

Where reasonably practicable, and except where immediate action is justified by security, fraud, harassment, leakage of confidential material, legal requirements, or similar urgency, Borealys may provide notice or an opportunity to correct the issue before permanent termination.

If this Agreement ends, your license to use the affected Games and your right to access the affected Services end immediately, except to the extent applicable law or platform rules give you continuing rights.

Nothing in this Agreement excludes, limits, or waives any legal warranty, mandatory consumer right, statutory remedy, or other protection that applies to you under applicable law.

If applicable law gives you rights that cannot lawfully be excluded or limited, those rights prevail over any inconsistent provision of this Agreement.

Subject always to Section 17, the Games and Services are provided “as is” and “as available”. Borealys and its licensors do not guarantee that the Games or Services will always be uninterrupted, error-free, secure, or compatible with every device, system, or configuration.

Except to the extent such disclaimers are prohibited by applicable law, Borealys disclaims warranties that are not expressly stated in this Agreement.

Subject always to Section 17, and to the fullest extent permitted by applicable law, Borealys and its affiliates, licensors, contractors, distributors, and service providers will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, or data, arising out of or relating to the Games, Services, or this Agreement.

To the fullest extent permitted by applicable law, Borealys’ total aggregate liability arising out of or relating to the Games, Services, or this Agreement will not exceed the amount you paid for the applicable Game, Service, or paid content through an authorized storefront during the twelve (12) months before the event giving rise to the claim.

This Section does not exclude or limit liability to the extent such exclusion or limitation is prohibited by applicable law, including where applicable for intentional misconduct, gross fault, bodily injury, moral injury, or any other liability that cannot lawfully be excluded or limited.

You may not use, export, re-export, transfer, or access the Games or Services in violation of applicable export control, sanctions, or trade laws.

This Agreement is governed by the laws of the Province of Quebec and the federal laws of Canada applicable there, unless mandatory law in your jurisdiction requires otherwise.

Subject to any non-waivable rights you may have under applicable law, disputes arising out of or relating to this Agreement or the Games or Services will be brought before the courts of Montreal, Quebec, Canada.

Nothing in this Agreement limits any right you may have under mandatory law to bring a claim before another competent court, authority, or forum where such a right cannot lawfully be waived.

Borealys may update this Agreement from time to time only to reflect:

1. changes to applicable law;
2. changes to Borealys contact information or corporate identity;
3. changes to privacy practices or privacy-related notices; or
4. changes to Borealys-operated Services, technical requirements, or security requirements.

Borealys will not use this Section to make retroactive changes to disputes already arisen.

Borealys will not use this Section to unilaterally change the essential nature of a purchased Game or Service, the price already paid for that Game or Service, or the term of any fixed-duration right already granted to you, except as permitted by applicable law or by a separate agreement with you.

Any material amendment under this Section will apply prospectively, and only to:

1. ongoing Borealys-operated Services;
2. future downloads, installs, or updates; or
3. other situations where the amendment may lawfully apply.

If Borealys makes a material change to this Agreement that increases your obligations, reduces your rights, or materially changes the basis on which you use an ongoing Borealys-operated Service, Borealys will give notice by appropriate means before the change takes effect and, where required by applicable law, at least 30 days in advance.

Where required by applicable law, a notice of amendment will identify the amended clause or new clause, state when the change takes effect, and describe any right you may have to refuse the amendment, rescind, cancel, or stop using the affected Borealys-operated Service.

Where required by applicable law, or where Borealys considers it appropriate, Borealys may require renewed acceptance before continued use of the affected Borealys-operated Service, future downloads, future installs, or future updates.

If you do not agree to a material change, you must stop using the affected Borealys-operated Service and stop using future downloads or updates governed by the amended terms. This Section does not limit any cancellation, refund, rescission, or other remedy you may have under applicable law.

Non-material clarifications, formatting changes, contact-information updates, or changes made only to reflect legal requirements may take effect on notice or on publication of an updated version, as permitted by applicable law.

This Agreement is the entire agreement between you and Borealys regarding your use of the Games and Services, except for:

1. platform terms that lawfully apply to your purchase, download, or use of the Games or Services; and
2. any separate terms or policy that Borealys expressly presents to you as applying to a specific feature, Service, or program before or at the time you use that feature, Service, or program.

If any provision of this Agreement is held unlawful, void, or unenforceable, that provision will be enforced only to the extent permissible, and the remainder of the Agreement will remain in effect.

A failure by Borealys to enforce any provision of this Agreement does not waive Borealys’ right to enforce that or any other provision later.

If you are located in a jurisdiction that gives you a right to receive a French version of this Agreement before choosing another language, Borealys provides that French version as required by applicable law: https://borealysgames.com/fr/end-user-licence-agreement-and-terms-of-service/

If, after being given the opportunity to review the French version where required by applicable law, you expressly choose to contract in English, you agree that the English version of this Agreement will govern to the extent permitted by applicable law: https://borealysgames.com/end-user-licence-agreement-and-terms-of-service/

If you have questions about this Agreement, you may contact: community@borealysgames.com