Last Updated: June 6, 2025
Please read these Terms of Service carefully. These Terms of Service, along with all supplemental terms that may be presented to you for your review and acceptance (collectively, this “Agreement”), govern your access to and use of the Wolf Labs Corp. (“Wolf Games” “we,” “our,” and “us”) website and its subdomains (collectively, the “Website”), all Wolf Games interactive games, and their associated web applications and mobile applications (each, an “App”), as well as any related products or services (each of the foregoing a “Service” and collectively the “Services”). By accessing, downloading, or otherwise using any of the Services, you represent that (1) you have read, understand, and agree to be bound by this Agreement, and (2) you have the authority to enter into this Agreement. If you do not agree to be bound by this Agreement, you may not access or use any of the Services.
FOR U.S. USERS ONLY: PLEASE BE AWARE THAT SECTION 9 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND WOLF GAMES (THE “ARBITRATION AGREEMENT”). AMONG OTHER THINGS, SECTION 9 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 9 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 9 CAREFULLY.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN THIRTY (30) DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
Because your privacy is important to us, Wolf Games has made a privacy policy available to you at (“Privacy Policy”) , which explains how we collect and use your content and information. Please read the Privacy Policy.
Please note that this Agreement is subject to change by Wolf Games in its sole discretion at any time. When changes are made, Wolf Games will make a copy of the updated Agreement available at the Website and update the “Last Updated” date at the top of this Agreement. If we make any material changes to this Agreement , we will provide notice of such material changes on the Website and attempt to notify you by sending an email to the email address provided during registration of your Account . Any changes to this Agreement will be effective immediately for new users of the Services and will be effective for existing Registered Users (defined below) upon the earlier of (a) thirty (30) days after the “Last Updated” date at the top of this Agreement, or (b) your consent to and acceptance of the updated Agreement if Wolf Games provides a mechanism for your immediate acceptance in a specified manner (such as a click-through acceptance) , which Wolf Games may require before further use of the Services is permitted. If you do not agree to the updated Agreement, you must stop using all Services upon the effective date of the updated Agreement . Otherwise, your continued use of any of the Services after the effective date of the updated Agreement constitutes your acceptance of the updated Agreement . Please regularly check the Website to view the then-current Agreement . You agree that Wolf Games’ continued provision of the Services is adequate consideration for the changes in the updated Agreement.
Access to the services
Registering Your Account. In order to access certain features of the Services, you may be required to become a Registered User. For purposes of this Agreement, a “Registered User” is a user who has registered an account with Wolf Games through the Services (“Account”) or has a valid account on a third-party service such as Google, Peacock, the Apple App Store, or other third-party platform (each, a “Third-Party Service”) through which the user has connected to or accessed the Services (each such account, a “Connected Account”).
Access Through a Third-Party Service. You may access the Services through your Connected Accounts as permitted under the applicable terms and conditions that govern such Connected Account. By accessing the Services through a Connected Account, you represent that you are entitled to grant Wolf Games access to such Connected Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern such Connected Account. Depending on the Connected Accounts you choose and subject to the privacy settings that you have set in such Connected Accounts, personally identifiable information and other Content (as defined in Section 3.3) associated with your Connected Accounts may be available on and through your Account on the Services, and such Content will be Your Content (as defined in Section 3.3) for purposes of this Agreement. Please note that if a Connected Account or associated service becomes unavailable, or if Wolf Games’ access to such Connected Account is terminated by the Third-Party Service, the Services will no longer be available to you on or through such Connected Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR CONNECTED ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WOLF GAMES DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. You acknowledge that Wolf Games, not your Third-Party Service provider, is solely responsible for the Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., legal compliance or intellectual property infringement).
Registration Data. In registering an Account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You represent that you are (i) at least thirteen (13) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by any other persons, including minors, and you will accept full responsibility for any such unauthorized use. You may not share your Account login or password with anyone, and you agree to notify Wolf Games immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Wolf Games has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, Wolf Games has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. Wolf Games reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights or violates Wolf Games’ community guidelines set forth in Section 4 below or any guidelines or policies of any Connected Account. You agree not to create an Account or use the Services if you have been previously removed by Wolf Games, or if you have been previously banned from any of the Services.
Wolf Games Communications. By providing your email address through the Website, you agree to receive communications from us. Communications from us and our affiliated companies may include but are not limited to: updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning Wolf Games and industry developments. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
USE OF THE SERVICES
License to the App. Subject to your compliance with the Agreement, Wolf Games grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the App on a single mobile device that you own or control and to run such copy of the App solely for your own personal entertainment purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store-Sourced Application”), you will only use such App Store-Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any App accessed through or downloaded from the Google Play store (a “Google Play-Sourced Application”), you may have additional license rights with respect to use of such Google Play-Sourced Application on a shared basis within your designated family group.
Updates. You understand that the Services are evolving. As a result, Wolf Games may require you to accept updates to any App that you have installed on your mobile device. You acknowledge and agree that Wolf Games may update the Services with or without notifying you. Any future release, patch, update, or other addition to the Services shall be subject to this Agreement. You may need to update third-party software from time to time in order to use the Services.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: you shall not (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any of the Services including, but not limited to, for-profit exploitation at a cybercafé, computer gaming center, or any other location-based site; (b) frame or utilize framing techniques to enclose any trademark, logo, or other parts of the Services (including images, text, page layout or form); (c) use any metatags or other “hidden text” using Wolf Games’ name or trademarks; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Services; (f) copy, reproduce, distribute, republish, download, display, post or transmit the Services in any form or by any means, except as expressly stated herein; (g) remove or destroy any copyright notices or other proprietary markings contained on or in the Services; or (h) use any backup or archival copy of the App for any purpose other than to replace the original copy in the event it is destroyed or becomes defective. The Services may include measures to control access to the Services, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Such measures may include incorporating license management, product activation, and other security technology in the Services and monitoring usage, including, but not limited to, time, date, access, or other controls, counters, serial numbers, and/or other security devices designed to prevent the unauthorized access, use, and copying of the Services, or any portions or components thereof, including any violations of this Agreement. You may not interfere with such access control measures or attempt to disable or circumvent such security features, and if you do, the Services may not function properly. Wolf Games reserves the right to monitor use of the Services at any time.
Ownership
Services. You agree that Wolf Games and its suppliers own all rights, title, and interest in the Services (including but not limited to, any underlying or associated computer code, data, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any Services. Wolf Games, its suppliers, and its service providers reserve all rights not expressly granted to you in this Agreement.
Trademarks. Wolf Games’ name and all related stylizations, graphics, logos, service marks, and trade names used on or in connection with any Services are the trademarks of Wolf Games and may not be used without permission in connection with your, or any third-party, products or services. Third-party trademarks, service marks, and trade names that may appear on or in the Services are the property of their respective owners.
Your Content. You may be permitted to make information, data, text, photographs, graphics, messages, tags and other materials (collectively, “Content”) available through the Services. Wolf Games does not claim ownership of Content that you transmit or otherwise make available through the Services (“Your Content”). You grant Wolf Games a fully paid, royalty-free, worldwide, perpetual, sublicensable (through multiple tiers), transferable, non-exclusive, irrevocable right (including any moral rights) and license to access, use, store, reproduce, display, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, publicly display, edit, create derivative works from, and otherwise process Your Content (in whole or in part) for the purposes of developing, operating, improving, and providing the Services to you and to our other Registered Users, including for the purpose of fine-tuning or training artificial intelligence algorithms and models.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Wolf Games (collectively, “Feedback”), including through its suggestion, feedback, wiki, forum, or similar pages, is at your own risk and that Wolf Games has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Wolf Games a fully paid, royalty-free, perpetual, irrevocable, worldwide, and non-exclusive right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Wolf Games’ business.
User conduct
Community Guidelines. As a condition of use, you agree not to use any of the Services for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party to) take any action or make any Content available to the Services that: (a) uses any information obtained from the Services in order to harass, abuse, or harm another person; (b) infringes, misappropriates, or otherwise violates any intellectual property right, right of publicity, right of privacy, or other right of any person or entity; (c) uses cheats, exploits, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Services, or takes advantage of cheats or exploits; (d) collects, harvests, solicits, or posts passwords or personally identifiable information from other users of the Services; (e) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane, or otherwise constitutes “trolling;” (f) constitutes unauthorized or unsolicited advertising, junk, or bulk email; (g) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (h) impersonates any person or entity, including any employee or representative of Wolf Games; (i) interferes with or attempt to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by this Agreement; or (j) attempts to engage in or engages in any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services. Without limiting any of Wolf Games’ remedies herein, any abuse or violation of this Section 4 may lead to temporary or permanent suspension of your Account and a ban on any further use of the Services.
User Content. When you post or publish Your Content on or in any Services, you represent that you own or have all necessary rights to post or publish Your Content on or in the Services. Without limiting the foregoing, you may not post any representation of another person (or any image in respect of which a third party possesses rights) without that person’s (or third party’s) permission. You acknowledge that all Content is the sole responsibility of the party from whom such Content originated. This means that you, and not Wolf Games, are entirely responsible for Your Content. You acknowledge that Wolf Games has no obligation to pre-screen any Content, although Wolf Games reserves the right in its sole discretion to pre-screen, refuse, or remove any Content.
Monitoring and Enforcement. By entering into this Agreement, you hereby provide your irrevocable consent to Wolf Games’ monitoring of (and you acknowledge that Wolf Games has no obligation) to monitor Your Content. You acknowledge and agree that you have no expectation of privacy concerning Your Content, including any chat or text communications. Wolf Games reserves the right: to (a) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (b) to take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content may violate this Agreement, infringe any intellectual property right or other right of any person or entity, threaten the personal safety of users of the Services or the public, or could create liability for Wolf Games; (c) to take appropriate legal action, including without limitation, referral to law enforcement, for any potentially illegal or unauthorized use of the Services; and/or (d) to terminate or suspend your access to all or part of the Services for any or no reason, including, without limitation, in the event of any potential violation of this Agreement (as we determine in our sole discretion).
If Wolf Games becomes aware of any possible violations by you of this Agreement, Wolf Games reserves the right (but Wolf Games has no obligation) to investigate such violations. If, as a result of any investigation, Wolf Games believes that unauthorized activity may have occurred, Wolf Games reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Wolf Games is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including Your Content, in Wolf Games’ possession in connection with your use of the Services, (i) to comply with applicable laws, legal process or governmental request; (ii) to enforce this Agreement, (iii) to respond to any claims that Your Content violates the rights of third parties, (iv) to respond to your requests for customer service, or (v) to protect the rights, property or personal safety of Wolf Games, its Registered Users or the public, and all enforcement or other government officials, as Wolf Games in its sole discretion believes to be necessary or appropriate.
INDEMNIFICATION. You agree to indemnify and hold Wolf Games, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Wolf Games Party” and collectively, the “Wolf Games Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your use of any Service in violation of this Agreement; (b) your violation of any rights of another party, including any other Registered User; or (c) your violation of any applicable laws, rules, or regulations. Wolf Games reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with Wolf Games in asserting any available defenses. This provision does not require you to indemnify any of the Wolf Games Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, this Agreement and/or your access to the Services.
Disclaimer of warranties and conditions
As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WOLF GAMES EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
WOLF GAMES MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
FROM TIME TO TIME, WOLF GAMES MAY OFFER NEW “BETA” FEATURES WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT WOLF GAMES’ SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES.
No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT THE WOLF GAMES PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE WOLF GAMES PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING THIRD-PARTY SERVICE PROVIDERS, OPERATORS OF EXTERNAL SITES, AND OTHER USERS OF THE SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
Limitation of liability
Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE WOLF GAMES PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT WOLF GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A WOLF GAMES PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A WOLF GAMES PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A WOLF GAMES PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, THE WOLF GAMES PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) ; OR (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A WOLF GAMES PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A WOLF GAMES PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A WOLF GAMES PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WOLF GAMES AND YOU.
Term and termination
Term. This Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with this Agreement.
Termination of Services by Wolf Games. If, in Wolf Games’ reasonable discretion, Wolf Games determines or suspects that you have violated this Agreement, or if Wolf Games is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), Wolf Games has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Wolf Games’ sole discretion and that Wolf Games shall not be liable to you or any third party for any termination of your Account.
Termination of Services by You. If you want to terminate the Services provided by Wolf Games, you may do so by (a) notifying Wolf Games at any time; and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Wolf Games’ address set forth below.
Effect of Termination. Upon termination of this Agreement, your right to use the Services will automatically terminate immediately and you shall promptly delete all copies of any App that you have downloaded or installed on any of your devices. Wolf Games will not have any liability whatsoever to you for any suspension or termination of this Agreement or your access to the Services. All provisions of this Agreement which by their nature should survive, shall survive termination of this Agreement, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
No Subsequent Registration. If your Account or ability to access the Services is discontinued by Wolf Games due to your violation of any portion of this Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Services or any Wolf Games community through use of a different user name or otherwise. In the event that you violate the immediately preceding sentence, Wolf Games reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
Arbitration agreement
Applicability of Arbitration Agreement. If you live in the U.S., subject to the terms of this Arbitration Agreement, you and Wolf Games agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the Services, any communications you receive from Wolf Games, or this Agreement and prior versions of this Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (a) you and Wolf Games may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (b) you or Wolf Games may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that were not noticed or that involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement.
Informal Dispute Resolution. There might be instances when a Dispute arises between you and Wolf Games. If that occurs, Wolf Games is committed to working with you to reach a prompt, low‐cost and mutually beneficial resolution. You and Wolf Games agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and Wolf Games agree that, as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate.
To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”). Such Notice to Wolf Games should be sent by email to privacy@wolfgames.net or regular mail to our offices located at Wolf Labs Corp, 145 S Glenoaks Blvd Unit #3008 Burbank, CA 91502 USA. The Notice must include: (a) your name, telephone number, mailing address, and email address associated with your Account (if you have one); (b) the name, telephone number, mailing address and email address of your counsel, if any; and (c) a description of the Dispute. Wolf Games will send Notice, including a description of the Dispute, to your email address or regular address on file. It is your responsibility to ensure your email and regular address are correct and remain up to date.
The Informal Dispute Resolution process lasts forty-five (45) days and is a mandatory precondition to commencing arbitration. During this period, either party has the option to ask the other to participate in an Information Dispute Resolution Conference as part of a good faith effort to resolve the Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.
The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in Informal Dispute Resolution.
Waiver of Jury Trial. YOU AND WOLF GAMES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Wolf Games are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall affect the terms and conditions under subsection 9.9, entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Wolf Games agree that the particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Wolf Games from participating in a class-wide or mass settlement of claims.
Rules and Forum. This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. If Informal Dispute Resolution does not resolve a Dispute satisfactorily within forty-five (45) days after receipt of a Notice, you and Wolf Games agree that either party shall have the right to finally resolve the Dispute through binding arbitration.
The arbitration will be administered by the National Arbitration & Mediation (“NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (a) the name, telephone number, mailing address, email address of the party seeking arbitration, and the Account username (if applicable), as well as the email address associated with any applicable Account; (b) a statement of the legal claims being asserted and the factual bases of those claims; (c) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (d) a statement certifying completion of the Informal Dispute Resolution process as described above; and (e) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. Any Request you send to Wolf Games should be sent by email to privacy@wolfgames.net or regular mail to our offices located at Wolf Labs Corp, 145 S Glenoaks Blvd Unit #3008 Burbank, CA 91502 USA. Wolf Games will provide the Request to your email address on file.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (i) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”).
Unless you and Wolf Games otherwise agree, or the Batch Arbitration process discussed in subsection 9.9 is triggered, the arbitration will be conducted in the county where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”).
You and Wolf Games agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
You and Wolf Games agree that at least fourteen (14) days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from NAM’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under subsection 9.9 is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch.
Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration costs and arbitrators’ fees the responding party incurred under the Fee Schedules.
Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Wolf Games agree that in the event that there are twenty-five (25) or more individual Requests of a substantially similar nature filed against Wolf Games by or with the assistance of the same law firm, group of law firms, or organizations (“Claimants’ Counsel”), within a ninety (90) day period, NAM shall (a) administer the arbitration demands in batches of 100 Requests per batch (or, if between twenty-five (25) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are fewer than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests); (b) appoint one arbitrator for each batch; and (c) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be selected by Claimants’ Counsel or, if Claimants’ Counsel does not have a preference, by the arbitrator, and one final award (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from NAM’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under subsection 9.9 is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch.
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Wolf Games.
You and Wolf Games agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.
Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” if any part or parts of this Arbitration Agreement (other than Section 9.9) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if Section 9.9 of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Los Angeles, California. You further agree that any Dispute that you have with Wolf Games as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Wolf Labs Corp, 145 S Glenoaks Blvd Unit #3008 Burbank, CA 91502 USA, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed, and has no effect on any arbitration agreements with us you may enter in the future.
Modification. You and we agree that Wolf Games retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted at the Website and you should check for updates regularly. Notwithstanding any provision in this Agreement to the contrary, we agree that if Wolf Games makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the Services, including the acceptance of products and services offered on the Website following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of this Agreement with an arbitration agreement and you did not validly opt out of arbitration, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of arbitration. Wolf Games will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.
Governing Courts. To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in Los Angeles, California (except for small claims court actions which may be brought in the county where you reside).
App store terms
Generally. You acknowledge and agree that the availability of the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that this Agreement is between you and Wolf Games and not with the App Store. Wolf Games, not the App Store, is solely responsible for the Services, including the Apps, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the App. You agree to comply with, and your license to use the App is conditioned upon, your compliance with all terms of agreement imposed by the applicable App Store when using any Service, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
Accessing and Downloading the App from the Apple App Store. The following applies to any App Store-Sourced Application:
You acknowledge and agree that (i) this Agreement is concluded between you and Wolf Games only, and not Apple, and (ii) Wolf Games, not Apple, is solely responsible for the App Store-Sourced Application and content thereof. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application.
In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application. As between Wolf Games and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Wolf Games.
You and Wolf Games acknowledge that, as between Wolf Games and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store-Sourced Application or your possession and use of the App Store-Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Wolf Games acknowledge that, in the event of any third-party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third party’s intellectual property rights, as between Wolf Games and Apple, Wolf Games, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
You and Wolf Games acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store-Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store-Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store-Sourced Application.
General provisions
Governing Law. Any dispute, claim or request for relief relating in any way to your use of the services will be governed and interpreted by and under the laws of the state of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
International Users. The Services can be accessed from countries around the world and may contain references to Services that are not available in your country. These references do not imply that Wolf Games intends to announce such Services in your country. The Services are controlled and offered by Wolf Games from its facilities in the United States of America. Wolf Games makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
Electronic Communications. The communications between you and Wolf Games may take place via electronic means, whether you visit the Services or send Wolf Games emails, or whether Wolf Games posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Wolf Games in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Wolf Games provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.
Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Wolf Games’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure. Wolf Games shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, pandemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at: support@wolfgames.net. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
Choice of Language. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.
Notice. Where Wolf Games requires that you provide an email address, you are responsible for providing Wolf Games with your most current email address. In the event that the last email address you provided to Wolf Games is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Wolf Games’ dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Wolf Games at the following address: Wolf Games, Wolf Labs Corp, 145 S Glenoaks Blvd Unit #3008 Burbank, CA 91502 USA, Attn: Legal. Such notice shall be deemed given when received by Wolf Games by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Export Control. You may not use, export, import, or transfer any Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Wolf Games are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Wolf Games products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.