End User License Agreement (EULA)

PLEASE READ CAREFULLY BEFORE USING THE GAIMIN LAUNCHER APPLICATION This licence agreement (Licence) is a legal agreement between you (Licensee or you) and GAIMIN AG of Baarerstrasse 12, 6300 Zug, Switzerland (Licensor, us or we) for:

The GAIMIN PC Launcher software, including the application, associated services, game‑launching functionality, update system, digital content delivery features, and any data supplied with the software (“Software”); and
printed materials and/or online/electronic documents (Documents).

We licence use of the Software and Documents to you on the basis of this Licence. We do not sell the Software or Documents to you. We remain the owners of the Software and Documents at all times. OPERATING SYSTEM REQUIREMENTS: THIS SOFTWARE REQUIRES A WINDOWS PC WITH AN ACTIVE INTERNET CONNECTION. IMPORTANT NOTICE TO ALL USERS:

BY ALLOWING THE LAUNCHER APPLICATION TO RUN ON YOUR PC, YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU AND YOUR EMPLOYEES. THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CONDITION 4.1 AND CONDITION 5.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, DO NOT RUN THE APPLICATION ON YOUR PC.

You should print a copy of this Licence for future reference.

Grant and Scope of Licence
1. In consideration of you agreeing to abide by the terms of this Licence, we grant to you a non-exclusive, non-transferable licence to use the Software and the Documents on the terms of this Licence.
2. The Software may automatically download and install updates, patches, or new features. You consent to the automatic delivery of such updates. Certain updates may be required for continued use of the Software. If you disable or block updates, the Software may not operate correctly.
3. We may modify, suspend, or discontinue any feature, service, or content accessible through the Software at any time. We will not be liable for any such modification, suspension, or discontinuation except where required by law.
4. Some features may be released as beta or experimental. Such features are provided ‘as is’ without warranty.
Restrictions
1. Except as expressly set out in this Licence or as permitted by any local law, you undertake:
  1. not to copy the Software or Documents except where such copying is incidental to normal use of the Software;
  2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documents;
  3. not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
  4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the Software with another software program, and provided that the information obtained by you during such activities:
    1. is used only for the purpose of achieving interoperability of the Software with another software program; and
    2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
    3. is not used to create any software which is substantially similar to, or in competition with the Software;
  5. to supervise and control use of the Software and ensure that the Software is used by your employees and representatives in accordance with the terms of this Licence;
  6. not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person other than your employees and/or representative without prior written consent from us;
  7. to comply with all applicable technology control or export laws and regulations; and
  8. you must not attempt to interfere with, modify, or circumvent any security, authentication, or reward‑tracking mechanisms within the Software
Intellectual Property Rights
1. You acknowledge that all intellectual property rights in the Software and the Documents anywhere in the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software or the Documents other than the right to use them in accordance with the terms of this Licence.
2. You acknowledge that you have no right to have access to the Software in source code form.
3. The Software may display or distribute third‑party games, assets, trademarks, or content. All such rights belong to their respective owners. We are not responsible for the content, availability, performance, or security of third‑party games or services accessed through the Software. Your use of third‑party games may be subject to separate terms and conditions.
4. If you provide feedback, suggestions, or ideas, you grant us a perpetual, irrevocable, royalty‑free licence to use such feedback for any purpose.
User Generated Content
1. If the Software allows you to upload, submit, create, or share content (including usernames, avatars, chat messages, profile information, or other materials), you are solely responsible for such content. You must ensure that any content you provide does not infringe the rights of others, violate applicable law, or contain harmful, offensive, or unlawful material.
2. By submitting content through the Software, you grant us a worldwide, non‑exclusive, royalty‑free, transferable, and sublicensable licence to use, reproduce, modify, distribute, display, and perform that content for the purpose of operating, improving, and promoting the Software.
3. We may remove, restrict access to, or delete any content at our discretion if we believe it breaches this Licence or poses a risk to the Software, other users, or our business.
Limited Warranty
1. We do not guarantee the availability of any particular game, service, or digital content accessible through the Software.
2. The warranty does not apply:
  1. if the defect or fault in the Software results from you having altered or modified the Software; and
  2. if the defect or fault in the Software results from you having used the Software in breach of the terms of this Licence.
3. Nothing in this Licence affects any statutory rights you may have as a consumer under applicable law.
Limitation of Liability
1. You acknowledge that the Software has not been developed to meet your individual requirements, including any particular cybersecurity requirements you might be subject to under law or otherwise, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documents meet your requirements.
2. We supply the Software for personal and non‑commercial use. You agree not to use the Software for any commercial resale or service bureau purposes.
3. We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
  1. loss of profits, sales, business, or revenue;
  2. business interruption;
  3. loss of anticipated savings;
  4. wasted expenditure;
  5. loss or corruption of data or information;
  6. loss of business opportunity, goodwill or reputation;

where any of the losses set out in condition 6.3.1 to condition 6.3.6 are direct or indirect; or

any special, indirect or consequential loss, damage, charges or expenses.
We are not responsible for any loss of virtual items, digital rewards, or blockchain‑based assets except where required by law. This maximum cap does not apply to condition 6.5.
Nothing in this Licence shall limit or exclude our liability for:
1. death or personal injury resulting from our negligence;
2. fraud or fraudulent misrepresentation;
3. any other liability that cannot be excluded or limited by Swiss law.
This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Software and Documents. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Software and Documents which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
Termination
1. We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
2. On termination for any reason:
  1. all rights granted to you under this Licence shall cease;
  2. you must immediately cease all activities authorised by this Licence; and
  3. you must immediately and permanently delete or remove the Software from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of the Software and Documents in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
3. We may suspend or terminate your account if we detect cheating, fraud, abuse, or attempts to manipulate the Software or reward systems.
Communications Between Us
1. We may update the terms of this Licence at any time on notice to you in accordance with this condition 8. Your continued use of the Software and Documents following the deemed receipt and service of the notice under condition 8.3 shall constitute your acceptance to the terms of this Licence, as varied. If you do not wish to accept the terms of the Licence (as varied) you must immediately stop using and accessing the Software and Documents on the deemed receipt and service of the notice.
2. If we have to contact you, we will do so by email or by pre-paid post to the address you provided in accordance with your registration for the Software.
3. Note that any notice:
  1. given by us to you will be deemed received and properly served 24 hours after it is first posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter; and
  2. given by you to us will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter.
4. In proving the service of any notice, it will be sufficient to prove, in the case of posting on our website, that the website was generally accessible to the public for a period of 24 hours after the first posting of the notice; in the case of a letter, that such letter was properly addressed, stamped and placed in the post to the address of the recipient given for these purposes; and, in the case of an email, that such email was sent to the email address of the recipient given for these purposes.
5. We may also provide notices through the Software itself.
Events Outside Our Control
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in condition 9.2.
2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks, game server outages, third-party service failures and any failure of a blockchain network.
3. If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence:
  1. our obligations under this Licence will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
  2. we will use our reasonable endeavours to find a solution by which our obligations under this Licence may be performed despite the Event Outside Our Control.
How We May Use Your Personal Information

We process personal data of individuals who use the Software in accordance with applicable data protection legislation, including the EU General Data Protection Regulation (GDPR) and the Swiss Data Protection Law. This section provides a high‑level summary of how we use personal data when you install, access, or use the Software. Full details of our processing activities, including your rights and how to exercise them, are set out in our Privacy Policy, which forms part of this Licence. When you use the Software, we may process the following categories of personal data:

Account and identity information, such as your username, email address, password, and profile details;
Device and technical information, including hardware identifiers, operating system details, IP address, device configuration, performance data, crash logs, and diagnostic information;
Usage information, such as how you interact with the Software, the games you install or launch, session times, feature usage, and in‑launcher navigation;
Network and security information, including anti‑cheat signals, behavioural indicators, and information required to detect fraud, abuse, or attempts to manipulate the Software or reward systems. Some security and anti‑cheat features may operate continuously while the Software is running in order to detect cheating, fraud, or misuse;
Transaction and reward information, including virtual items, points, tokens, or other digital rewards earned or redeemed through the Software;
Advertising and analytics information, including identifiers, engagement metrics, and data used to personalise or measure advertising (where permitted by law and your preferences).

We use this information for the following purposes:

to create and manage your account and provide access to the Software;
to operate, maintain, secure, and improve the Software, including delivering updates and new features;
to enable you to download, install, update, and launch games or other digital content;
to detect, prevent, and respond to fraud, cheating, misuse, or security threats;
to provide customer support and communicate with you about the Software;
to operate reward systems, loyalty programmes, or digital asset features (where applicable);
to personalise your experience, including recommending content or features;
to deliver and measure advertising within the Software, where permitted by law;
to comply with legal obligations and enforce our rights under this Licence.

We may share your personal data with trusted third‑party service providers who assist us in operating the Software, including hosting providers, analytics partners, anti‑cheat and security vendors, payment or reward processors, and advertising partners. Where we transfer personal data outside the European Economic Area, we do so in accordance with GDPR requirements, using appropriate safeguards such as adequacy decisions or Standard Contractual Clauses. You have rights in relation to your personal data, including rights of access, correction, deletion, objection, and portability. Details of these rights and how to exercise them are set out in our Privacy Policy. It is important that you read our Privacy Policy carefully, as it explains in full how and why we process personal data, the legal bases we rely on, how long we retain information, and the rights available to you under data protection law.

Other Important Terms
1. We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
2. You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
3. This Licence constitutes the entire agreement between us and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances and understandings between us, whether written or oral, relating to its subject matter.
4. You acknowledge that in entering into this Licence you do not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence.
5. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Licence.
6. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
7. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
8. Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
9. This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by European (Swiss) law. If you are a consumer, you may benefit from mandatory provisions of the law of your country of residence. We both irrevocably agree to the exclusive jurisdiction of the courts of Switzerland.