Effective Date: August 20, 2025
These Terms of Service (“Terms”) are a binding agreement between Dunescape Development LLC (“Dunescape,” “we,” “us,” or “our”) and you (“you” or “User”). They govern your access to and use of (a) our websites, forums, support portals, and related online services (the “Site”), and (b) the video game Empyrean Order, including any downloadable clients, launchers, mobile or console versions, in‑game features, virtual items, virtual currency, updates, patches, and related services (the “Game”).

IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 17). ARBITRATION IS ON AN INDIVIDUAL BASIS ONLY.

If you do not agree to these Terms, do not access the Site or install, play, or otherwise use the Game.

1. Eligibility; Children

1.1 Minimum Age. You must be at least 13 years old to use the Site or play the Game. If you are under the age of majority in your jurisdiction, you may use the Site/Game only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.
1.2 Compliance. You are responsible for ensuring the Site/Game is lawfully available to you and for compliance with all applicable laws, age‑ratings, and platform rules.

2. Account Registration and Security

2.1 Account. Certain features require a Dunescape account or a platform account (e.g., PlayStation, Xbox, Steam, Epic, Apple, Google). Provide accurate information and keep it updated.
2.2 Security. You are responsible for safeguarding your login credentials and for all activity on your account. Notify us promptly of any unauthorized use.
2.3 Personal License. Accounts are licensed to you personally and may not be shared, sold, rented, or transferred.

3. License and Access; Ownership

3.1 Limited License to Use. Subject to these Terms, we grant you a revocable, limited, non‑exclusive, non‑transferable, non‑sublicensable license to (a) access and use the Site and (b) download, install, and play the Game for your personal, non‑commercial entertainment.
3.2 No Ownership in Game or Content. The Site, the Game, and all content—characters, storylines, graphics, music, sounds, animations, gameplay data, user interfaces, code, and all other intellectual property (“Dunescape Content”)—are owned by Dunescape and its licensors. You acquire no ownership interest in the Game, accounts, characters, progression, Virtual Items or Virtual Currency (defined in Section 8), or any other digital feature, even if you pay money.
3.3 Service Nature of Content. All access to the Game, Virtual Items, and Virtual Currency constitutes access to or features of a service. There is no sale of goods or property rights in any digital content.

4. Updates; Patches; Live Services

4.1 Updates. We may deliver updates, patches, or changes that you must install to continue using the Game.
4.2 Evolving Experience. Features, balance, and content may be added, modified, or removed. Some features may be experimental or “beta.”
4.3 Downtime. The Site/Game may be unavailable due to maintenance, outages, or factors beyond our control. We are not liable for interruptions.

5. Rules of Conduct

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

• Cheat or Exploit. Use cheats, bots, unauthorized mods, hacks, or exploit bugs/vulnerabilities.
• Circumvent. Bypass or interfere with security, anti‑cheat, DRM, or access controls.
• Commercialize. Sell, rent, lease, license, transfer, or trade accounts, access, Virtual Items/Currency (including through real‑money trading or third‑party marketplaces).
• Disrupt. DDoS, spam, flood, or otherwise disrupt servers or other users.
• Harass. Harass, threaten, or defame others; use hate speech; post illegal/obscene/infringing content.
• Impersonate. Impersonate any person, entity, or Dunescape staff.
• Reverse Engineer. Decompile or reverse engineer except to the limited extent permitted by applicable law.
• Data Mining. Scrape or harvest data except via any official APIs we expressly permit.
• Unauthorized Competitions. Run tournaments or broadcasts that violate our guidelines or platform rules.
• Health & Safety. Follow health warnings; take regular breaks; stop if you experience discomfort.

Violations may result in content removal, account suspension/termination, and forfeiture of licenses to Virtual Items/Currency.

6. User‑Generated Content (UGC)

6.1 Your Content. You represent you have all rights necessary for UGC you submit (text, images, audio, video, streams, mods—if permitted—posts, etc.).
6.2 License to Dunescape. You grant Dunescape a worldwide, royalty‑free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your UGC in connection with the Site/Game and our business (including marketing/community features).
6.3 Feedback. Suggestions/ideas are licensed to Dunescape on a perpetual, irrevocable, royalty‑free basis.
6.4 Moderation. We may remove or moderate UGC at our discretion.

7. Streaming & Fan Content

7.1 Non‑Commercial Allowance. Subject to these Terms and our brand guidelines (if any), you may create non‑commercial streams, videos, screenshots, fan art, and community content featuring the Game (“Fan Content”).
7.2 Monetization. Platform ad revenue and voluntary donations are permitted if the content is not pay‑walled and does not distribute standalone Dunescape Content (e.g., soundtrack rips).
7.3 No Endorsement. Do not imply Dunescape endorsement; comply with takedown requests if Fan Content infringes rights or is unlawful/harmful.

8. Virtual Items and Virtual Currency — License Only (No Ownership)

8.1 Definitions. “Virtual Items” include cosmetic items, equipment, boosts, battle passes, and similar features. “Virtual Currency” includes any in‑Game currency that can be obtained or purchased.
8.2 License, Not Sale. All Virtual Items and Virtual Currency are licensed, not sold. Any purchase or acquisition—whether with money or gameplay—grants you a revocable, limited, personal, non‑exclusive, non‑transferable, non‑sublicensable license to access and use those features solely within the Game as permitted by these Terms.
8.3 No Property Interest; No Real‑World Value. You do not own Virtual Items/Currency and have no property interest (including no “right, title, or interest”) in them or to your account. They have no real‑world monetary value, are not redeemable for cash or equivalents, and are not transferable (including by operation of law, inheritance, assignment, or otherwise).
8.4 No Expectation of Continued Availability. We may manage, regulate, control, modify, or discontinue the availability, attributes, or perceived value of any Virtual Item/Currency at any time, with or without notice, and without liability. Game balance changes, content cycles, seasons, resets, wipes, or economy adjustments may affect your licensed access.
8.5 All Sales Final (Subject to Mandatory Law/Platform Rules). Except where required by law or our posted refund policy, all purchases are final and non‑refundable. Platform‑specific refund policies may apply. If a payment is charged back or reversed, we may revoke the associated license(s) and suspend your account.
8.6 Randomized Rewards. When required by law, we will disclose applicable probability ranges for randomized rewards.
8.7 Enforcement. Violations of these Terms (including cheating or RMT) may result in revocation of licenses to Virtual Items/Currency, account suspension/termination, and other remedies.

9. Anti‑Cheat & Security

9.1 Anti‑Cheat Measures. The Game may include anti‑cheat and anti‑tamper technologies that collect and process data about your device and software solely to detect cheating or unauthorized modifications.
9.2 Operation. Anti‑cheat may operate while the Game runs and when interacting with the launcher/services. We do not access personal files unrelated to the Game.
9.3 Enforcement. If cheating/tampering is detected, we may take actions described in Sections 5, 8, and 13.

10. Third‑Party Platforms and Services

10.1 Platform Terms. If you access the Game through third‑party platforms (e.g., Steam, Epic, PlayStation, Xbox, Apple App Store, Google Play), your use is also governed by those platform terms. In case of conflict as between you and us, these Terms govern.
10.2 Third‑Party Links. We are not responsible for third‑party sites/services. Use them at your own risk.

11. Privacy

Your use of the Site/Game is subject to our Privacy Policy, which describes how we collect, use, and share information (including for anti‑cheat, analytics, support, and legal compliance).

12. Intellectual Property; DMCA

12.1 Trademarks. “Dunescape,” “Empyrean Order,” and related marks are trademarks of Dunescape or its licensors.
12.2 Copyright Policy. We respect intellectual property rights and respond to notices under the Digital Millennium Copyright Act (DMCA).
12.3 DMCA Agent.
Agent Name: DMCA
Address: 1254 Chapman Rd. Ste 208, Newark, DE 16279, USA
Email: dmca@dunescapedevelopment.com
To be effective, your notice must include the information required by 17 U.S.C. §512(c)(3).

13. Suspension and Termination

We may suspend or terminate access to the Site/Game (and/or remove or limit licensed access to Virtual Items/Currency) if we believe you violated these Terms, applicable law, or community guidelines; engaged in cheating, fraud, or harmful conduct; or for security/operational risks. You may stop using the Site/Game at any time. Upon suspension/termination, licenses to Virtual Items/Currency may be revoked and you are not entitled to any refund or other compensation, except where required by law. Sections that by their nature should survive will survive (including 3.2–3.3, 6–8, 10–12, 14–18, and 20–26).

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, THE GAME, AND ALL DUNESCAPE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DUNESCAPE AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT UNINTERRUPTED OR ERROR‑FREE OPERATION OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS; SOME DISCLAIMERS MAY NOT APPLY.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUNESCAPE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SITE/GAME OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR (A) BODILY INJURY OR DEATH CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (B) LIABILITY THAT CANNOT BE LIMITED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (i) USD $100 OR (ii) THE AMOUNT YOU PAID TO DUNESCAPE FOR THE GAME OR IN‑GAME PURCHASES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY; SOME LIMITS MAY NOT APPLY.

16. Indemnification

You agree to defend, indemnify, and hold harmless Dunescape and its affiliates, officers, agents, partners, and employees from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from (a) your use of the Site/Game, (b) your UGC, (c) your violation of these Terms or law, or (d) your infringement/misappropriation of third‑party rights.

17. Binding Arbitration; Class Action Waiver (Individual Claims Only)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

17.1 Agreement to Arbitrate. To the fullest extent permitted by law, you and Dunescape agree to resolve any disputes, claims, or controversies arising out of or relating to these Terms, the Site, or the Game (collectively, “Disputes”) through final and binding individual arbitration, rather than in court. This includes disputes about arbitrability.

17.2 Exceptions. Either party may bring an individual action (a) in small claims court if it qualifies (in your county of residence, where applicable), and (b) seeking injunctive or other equitable relief for alleged intellectual property infringement or misappropriation.

17.3 Pre‑Arbitration Informal Resolution. Before initiating arbitration, the complaining party must send a written notice describing the Dispute and requested relief to: legal@ dunescapedevelopment.com and Dunescape Development LLC, Attn: Legal, 1254 Chapman Rd. Ste 208, Newark, DE 16279, USA. We each agree to attempt to resolve the Dispute informally for 60 days after receipt of notice.

17.4 Arbitration Rules and Forum. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (and any applicable Mass Arbitration Supplement), available at www.adr.org. The arbitration will be conducted by a single arbitrator. Unless you and we agree otherwise, the arbitration will be conducted by remote videoconference; if an in‑person hearing is required, it will occur in a location reasonably convenient to you.

17.5 Fees and Costs. Filing, administration, and arbitrator fees will be governed by the AAA Rules. For claims totaling USD $10,000 or less that are not found frivolous, we will reimburse your consumer filing fee, and we will not seek attorneys’ fees or costs unless the arbitrator determines your claims are frivolous.

17.6 Class and Representative Action Waiver. YOU AND DUNESCAPE MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any class or representative proceeding.

17.7 Batch/Bellwether Procedure for Mass Filings. If 25 or more substantially similar demands are filed against Dunescape by the same or coordinated counsel, the parties agree to: (i) batch the filings into groups of up to 50; (ii) proceed first with 10 bellwethers; (iii) stay the remainder; (iv) participate in global mediation after the bellwethers conclude; and (v) if necessary, continue in batches of up to 50 under the same process. This does not permit class or representative arbitration.

17.8 Severability. If Section 17.6 (Class Waiver) is found unenforceable, this entire Section 17 is void, but the jury trial waiver in Section 17.9 survives. If any other part of Section 17 is unenforceable, the remainder remains in effect.

17.9 Jury Trial Waiver. If a Dispute proceeds in court rather than arbitration, YOU AND DUNESCAPE WAIVE ANY RIGHT TO A JURY TRIAL.

17.10 30‑Day Opt‑Out. You may opt out of this arbitration agreement by sending written notice to legal@dunescapedevelopment.com within 30 days of first accepting these Terms. Include your name, account email/ID, and a statement that you opt out of arbitration.

17.11 Applicable Arbitration Law. If you reside in the United States, the Federal Arbitration Act (FAA) governs the interpretation and enforcement of this arbitration agreement. If you reside outside the U.S., this arbitration agreement will be applied and enforced to the extent permitted by the law of your country of residence without selecting any specific governing law.

 

18. Changes to the Terms

We may modify these Terms from time to time. Changes take effect on the “Last Updated” date above. If a change is material, we will provide reasonable notice (e.g., via the Site/Game or email). Your continued use after changes become effective constitutes acceptance. If you do not agree, you must stop using the Site/Game.

 

19. Export Control and Sanctions

You may not use, export, re‑export, or transfer the Site/Game except as authorized by applicable export laws and sanctions regimes. Without limitation, the Game may not be exported or re‑exported (a) into any embargoed countries or (b) to anyone on restricted lists (e.g., U.S. Treasury SDN list or similar).

 

20. Platform‑Specific Terms

Apple App Store Users. To the extent you access the Game via iOS:

• These Terms are between you and Dunescape, not Apple.
• Apple is not responsible for the Game or its content and has no obligation to furnish maintenance or support.
• If the Game fails to conform to an applicable warranty, you may notify Apple, which may refund the purchase price (if any).
• Apple is a third‑party beneficiary of these Terms with the right to enforce them against you.

Other Platforms. Terms imposed by Steam, Epic, PlayStation, Xbox, Google Play or others may apply and are incorporated by reference to the extent they do not conflict with these Terms.

 

21. Open‑Source Components

The Game may include open‑source software governed by their respective licenses. To the extent of any conflict between these Terms and an applicable open‑source license, the open‑source license controls for that component.

 

22. Force Majeure

We will not be liable for delay or failure to perform due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, or failures of utilities, networks, or third‑party providers.

 

23. Notices; Electronic Communications

We may send you notices via the Site/Game, email, or account messaging. You consent to receive electronic communications and agree they satisfy any legal requirements that such communications be in writing.

 

24. Assignment

You may not assign or transfer these Terms or any rights/obligations without our prior written consent. We may assign these Terms in whole or in part at any time with or without notice.

 

25. Severability; Waiver; Entire Agreement

If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force. No waiver is effective unless in writing and signed by Dunescape. These Terms (including referenced policies) constitute the entire agreement between you and Dunescape and supersede all prior or contemporaneous understandings regarding the Site/Game.

 

26. Region‑Specific Rights; No Governing‑Law Selection

Nothing in these Terms limits mandatory consumer rights you may have under the laws of your place of residence. These Terms do not select or specify any governing law. Where a local law requires a different result, that law controls only to the extent required.

 

27. California Consumer Notice (If Applicable)

Under Cal. Civ. Code §1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Sacramento, CA 95834, or (800) 952‑5210.

28. Contact

Dunescape Development LLC
Attn: Legal
1254 Chapman Rd. Ste 208
Newark, DE 16279, USA
Email: support@dunescape. dunescapedevelopment.com | legal@dunescapedevelopment.com