Terms of Service
1. Who we are and what this covers
Empyrea is a free-to-play online game and the website that goes with it (the "Service"). "We", "us" and "Empyrea" mean the people who run it. By creating an account, signing in, downloading the client or using the website, the forum or the game, you accept these Terms. If you do not accept them, do not use the Service.
These Terms work together with our Privacy Policy, Cookie Policy, Refunds and delivery policy and Data deletion page.
2. Free to play
Playing Empyrea is free. You can optionally buy Cash Points (see section 6) and spend them in the Shop and on the Wheel. Nothing in the game requires you to buy anything.
3. Who can use the Service
You must be at least 13 years old, or older if the law where you live requires a higher age to agree to these Terms or to have your personal data processed. If you are below the age of majority where you live, you need the permission of a parent or guardian, especially before buying anything. You confirm that you are able to enter into this agreement.
4. Your accounts
You use two kinds of account:
- A website account, created with your email address (or by signing in with a supported provider). It holds your Cash Points, orders, support tickets, forum profile and settings.
- Game accounts, created from your website account. A website account can have up to 5 game accounts. A game account has its own login ID and game password, and holds your characters.
You are responsible for everything that happens under your accounts. Keep your passwords private, use a game password you do not use anywhere else, and tell us quickly if you think someone else has access. Our staff will never ask you for a password. Do not share, sell, trade or lend an account. We may refuse a login ID or username that is offensive, misleading or impersonates someone.
5. Signing in with another service
If we offer sign-in with Discord or Google and you use it, that service tells us who you are (for example your name or username and your email address) so we can create or find your website account. We do not receive your password for that service. Your use of that service is governed by its own terms. We never link a sign-in to an existing account on the strength of an email address alone.
6. Cash Points, the Shop and the Wheel
Cash Points (CP) are digital credits kept on your website account. They have no cash value, cannot be exchanged for money, cannot be transferred to another player, and cannot be withdrawn. They are a licence to use certain features of the Service, not property or money.
You can spend CP in the Shop and on the Wheel. When you buy or spin you choose the game account and character that should receive the item. Items are delivered to that character by the game server and normally arrive in its temporary inventory. The result of a Wheel spin is drawn by our server at random according to the odds published on the Wheel page; the odds shown are the odds used.
Items and CP are virtual goods that you may use only inside the Service. We may change prices, packs, items and odds for future purchases at any time. An order you have already placed is honoured at the price and amount shown when you placed it. Payments are handled by third-party payment providers; we never see or store your card details.
Rules for refunds and for payments that go wrong are in our Refunds and delivery policy.
7. Acceptable use
You agree not to:
- use cheats, hacks, bots, modified clients or any software that gives an unfair advantage or interferes with the game;
- exploit a bug or error instead of reporting it, or help others to do so;
- try to gain access to accounts, systems, databases or data that are not yours, or to disrupt the Service (including by overloading it);
- sell, buy, trade or give away accounts, Cash Points or items for real money or anything of value outside the Service;
- harass, threaten, discriminate against or abuse other people, or post illegal, hateful, sexual or misleading content on the forum, in chat or in tickets;
- impersonate staff or other players, or spread false information about the Service;
- commit fraud, including using stolen payment methods or disputing a payment you made after receiving what you paid for;
- break the law while using the Service.
Players must also follow any in-game and forum rules we publish.
8. What you post
You keep the rights to what you write on the forum or send in tickets. By posting it you give us a free, worldwide licence to host, display and use it as part of the Service, and to remove it. You are responsible for it. We may remove content, mute you or restrict your posting if it breaks these Terms.
9. Our property
Empyrea, its game client, artwork, music, text, logos and software belong to us or our licensors and are protected by law. We give you a personal, limited, revocable, non-transferable licence to download and use the client and the website for your own non-commercial play. You may not copy, sell, reverse engineer or build on the Service except where the law allows it.
10. Other companies' services
The Service uses services from other companies, for example payment providers, an email provider, a security and network provider and sign-in providers. We choose them with care, but we are not responsible for their independent failures or for their own terms.
11. Availability and changes
We work to keep the Service running, but it is provided "as is" and "as available". It may be unavailable for maintenance, updates, security reasons or events beyond our control. We may change, add or remove features, items, characters and content, and we may reset or close parts of the game.
12. No warranties
To the fullest extent the law allows, we give no promise that the Service will be uninterrupted, error-free or that data, characters, items or progress will never be lost. Nothing in these Terms removes rights you have under mandatory consumer protection law.
13. Limits on our responsibility
To the fullest extent the law allows, we are not liable for indirect or consequential losses, lost profits, lost data or loss of virtual items. Our total liability to you for any claim related to the Service is limited to the greater of the amount you paid us in the 12 months before the claim, or USD 50. Nothing in these Terms limits liability that cannot be limited by law, such as for death or personal injury caused by negligence, or for fraud.
14. Suspension and ending your account
You may stop using the Service at any time and may ask us to delete your account (see Data deletion). We may warn, mute, suspend or ban a website account, a game account or both, temporarily or permanently, if we believe these Terms were broken, if the law requires it, or to protect the Service or other players. If your account is closed for breaking these Terms, unused Cash Points and items are lost. If you think a decision was wrong, open a support ticket and we will review it. When an account ends, Cash Points have no cash refund value, subject to your legal rights.
15. Changes to these Terms
We may update these Terms from time to time. The date at the top of the page shows the latest version. If a change is significant we will tell you on the website or by email. If you keep using the Service after a change takes effect, you accept the new Terms.
16. Governing law
These Terms are governed by the laws of the country where the operator of Empyrea is established, without affecting any mandatory consumer rights you have in the country where you live. Disputes go to the courts that have jurisdiction under that law, unless the law gives you the right to go to a court elsewhere.
17. Contact
Questions about these Terms: open a ticket from your dashboard (Support), or email [email protected].