# Elympics Terms and Conditions > Date of last modification: 23.02.2023 Elympics sp. z o.o. (**Elympics**) is a software provider of development tools and services, including hosting services, for use by software developers who wish to develop multiplayer games with blockchain-enabled functionalities (the "Elympics Engine"). The Elympics Engine is a complete multiplayer engine optimized for highly competitive gameplay, with esports-ready features like realtime parallel world simulation, blockchain integration and out of the box security. It can enable you create your first multiplayer game in an easy way - just as you would work on a single player experience. We provide you (the "Client" or "You") with software development kit (the "SDK"), supported by our applications and associated. These terms of service ("Terms"), available at: [https://panel.elympics.cc/terms](https://panel.elympics.cc/terms) constitute an agreement between you and us concerning your use of our software, the Elympics Engine and associated services. In order to access and start using our services, you are required to accept these Terms and you agree to be bound by them. By accepting these Terms you acknowledge that you have read, understood and agree to be bound by their provisions and to comply with all applicable laws and regulations, including all rules, policies, procedures and licenses published by Elympics that concern our products and services. You represent and warrant that you are of legal age in your country of residence, have full legal capacity to enter into a binding agreement and – when acting on behalf of a legal entity – you have the authority to enter into these Terms on behalf of that entity. Elympics reserves the right to change these Terms and any of its parts from time to time for an important reason (e.g. in case of (i) a material change to our business model or business circumstances, (ii) the way we operate, (iii) as a response to legislative changes, (iv) other justifiable reasons. You will be notified of any such changes via e-mail at least 14 days before the changes come into force. In the event that you do not object to changes within the 14 days of receipt of the notification, you will be deemed to have accepted the changes. ## Definitions Please find below definitions of terms used in these Terms: #### Terms These terms and conditions of our services. #### Elympics Elympics sp. z o.o. (a limited liability company), registered in Poland, Pl. Europejski 1, 00-844 Warsaw. #### Account Your account registered at https://panel.elympics.cc/ in order to subscribe to our services and download the SDK. #### Client Data All data and metadata delivered to Elympics by the Client in the context of using the Elympisc Engine and associated services by the Client. These include information on interaction with the Elympics Engine, game metadata and configurations, game binaries uploaded to Elympics during development, as well as data of Users who play games through the Elympics Engine, including Users’ game history and skill evaluation, information on smart contracts concluded, information of rewards and payouts for Users, as well as their wallet addresses. #### Intellectual Property All subjects of Intellectual Property Rights protection and its embodiments, including but not limited to copyrights, inventions, designs, technology, know-how, ideas, improvements and other (whether patentable or not), confidential information, databases, designs, models, development tools, Works, Trademarks. #### Intellectual Property Rights All exclusive rights relating to, arising from or associated with the Intellectual Property under the law of any jurisdiction, including but not limited to (i) patents and patent applications, (ii) utility models and applications for utility model, (iii) industrial design rights and application for industrial design right, (iv) copyrights to Works and all related rights, (v) rights to databases, (vi) rights to know- how and other confidential information, (vii) any other exclusive right to Intellectual Property. #### Trademarks trademarks, service marks, logos. #### "User" or "Users" Natural persons who access and play games developed tested and/or published by the Client with use of the Elympisc Engine and Services. #### Works Software and other copyrightable content protected under copyright law (such as text, images, graphics, audio-visual works, sound recordings) and all subjects of related rights to artistic performance, phonograms, videograms and others, protected under applicable law. --- ## Scope of services Elympics provides the following services: ### Gameplay hosting Elympics provides server-authoritative cloud hosting of games created using Elympics SDK. Each time a match is allocated for Users, Elympics Gamplay Hosting launches a virtual machine in the cloud and runs the same game from the binary provided by the Client beforehand. Gameplay hosting is provided for as long as the Gameplay lasts, and then the virtual machine is closed and the results of the game are handled accordingly. ### Parallel gameplay simulation Algorithms and practices provided by Elympics SDK as well as Elympics Gameplay Hosting, which provide esports level security and gameplay quality. ### Automatic game server scaling Scaling solutions that provides the availability of Gameplay Hosting that matches the current demand of Users without generating extra idle costs for Clients ### Smart matchmaking Highly configurable matchmaking solution that learns from in-game player behaviors and skills aiming to provide even, thrilling matches ### Blockchain integration for on-chain games and game results The delivery of gameplay data (results, scores, etc) to EVM-compatible chains via Oracle mechanisms ### Ready to use smart contracts Library of EVM Smart Contracts that can be easily integrated with a particular game created using Elympics SDK. The library aims to provide easy ways for Clients to monetize the game, as well as for Users to monetize their skill. Smart Contracts are zero-sum games (meaning that all value won by some group of Users has to be provided by Users who lost). The library consists of the Prize Pool Competition Contract where each user pays a fee upfront for playing and the total pool is split among winners, and Timed Leaderboard Contract, where each user pays a fee upfront for playing, and the total pool is split according to their results on a timed leaderboard. ### Configuration CLI A Command line interface application free to install on Windows, Linux, MacOs or Docker. It allows Clients to view and edit configurations of games and fleets for Gameplay Hosting in the Elympics system, as well as Matchmaker parameters. hereinafter jointly referred to as the "Services". ## Registration and the downloading the SDK To begin your adventure with Elympics and use the Services you are required to create an Account at the Elympics website available at: [https://panel.elympics.cc/](https://panel.elympics.cc/). To sign up and create the Account, you will be required to provide the following information, including your personal data: email address, password, and company registration data (for tax invoices). In order to create the Account you will be required to accept these Terms and other Elympics rules, policies, procedures and licenses which may be listed and apply at the point of registration. The minimum technical requirements to create the Account and use the Elympics Services are as follows: - Web Browser with JavaScript support: Google Chrome (Version 109 and above), Safari (16 and above) - E-mail account After registration you will get access to Elympics Client area, where you will be able to download the SDK and obtain support with implementing our Services, as well as communicate with Elympics. Detailed step by step instructions on how to implement our SDK is available in documentation accessible at: [https://docs.elympics.cc/getting-started/add-elympics/](https://docs.elympics.cc/getting-started/add-elympics/) (hereinafter "Documentation"). You represent and warrant that all of your data submitted by you during registration to the Elympics Services and for the whole period of maintenance of your Account is accurate, current and complete. You undertake to update your data without any delay and to inform Elympics about any instance of fraud of your login data. In particular, you represent and warrant that you are aware that disclosure of your login data by you to third party may lead to such fraud. You are liable for all actions that may occur under your Account credentials. Elympics shall be entitled to suspend your Account at any time, if we reasonably believe that the way you use of Services threats interest or public image of Elympics. ## Payment plans Upon registration, you will be required to select your payment plan, which will automatically start to apply after the Testing Phase, as defined in Section 5 below. Although we do not charge you for using our Services during the Testing Phase, it is important for us to obtain a commitment from you as to which payment plan will apply after the Testing Phase, in order to make the appropriate scope of Services (including server capacity) available to you for testing and to manage our resources. Each payment plan offers Matchmaking service, game engine storage and gameplay hosting. The difference between the plans is in the machine types that are provided for gameplay hosting. The list of payment plans is available at [https://panel.elympics.cc/fleets/](https://panel.elympics.cc/fleets/) The payment plans is binding for the Client unless agreed otherwise by the Parties. ## Fees We make our services available to you free of charge for a limited period of time (up to 12 months) in order to enable you test our Services (the "Trial Period"). During the Trial period, you can use our full functionalities of the Elympics Engine in terms of developing your game and testing it. During the Trial Period you are also allowed to conduct multiplayer game testing, which is limited to a singe simultaneous game on the Starter Fleet. In the event that you decide to publish your game or extend the testing phase beyond the limits allowed for the Trial Period in multiplayer games, you will be moved to the payment plan selected by you at the point of Game creation. ## Maintenance Fee The level of Maintenance Fee will depend on the payment plan selected, as defined in Section 4 above. The Maintenance Fee is charged on a monthly basis, based on (a) duration of gameplays played by Users and (b) bandwidth usage. The Client will receive report of the used services (number of minutes of gameplays and bandwidth usage) on a monthly basis, by the third (3) working day of the month following the month in which Services were provided. You will be required to make the payment based on a VAT invoice issued to you, within 14 days as of receipt of the invoice. Any late payment of Service Fee is subject to maximum interest for a delay at the annual rate determined by applicable provisions of Polish law. You agree to pay all amounts due to Elympics upon our demand. In the event of delay of payment of the Service Fee by more than 5 days (and without any prior notices) we reserve the right to deactivate your Account or deactivate any modules, parts or any elements of the Elympics Services till you pay us such amounts due. Reference period lasts for a month and starts after the end of the previous reference period. The first reference period starts on a day of receipt of your payment of the fees payable (for instance when the first Fee is received on January 17, at 2.00 p.m., the first reference period starts on January 17, at 2.00 p.m. and lasts till February 16, at. 11.59 p.m. For the avoidance of doubt, the Maintenance Fee is charged for the actual usage of the Elympics Engine and Services, which is not equivalent to the duration of uninterrupted gameplay actually played by a User. In particular, in the event that the game crashes for reasons attributable to the Client, The Client will be liable to pay the Maintenance Fee for the usage of Elympics servers throughout the duration of game malfunction. The minimum Maintenance Fee, regardless of the usage of Services and the payment plan selected is USD 300 (net) per month per each region in which Hosting Services are activated (provided the game is activated in more than one region – Warsaw. If the game is only activated in Warsaw, which is the default, the hosting services are only calculated on per-minute basis). You can find on your Account all necessary information concerning our current Service Fees, methods and term of payment. You have 14 days (from uploading our invoice into your Account) to pay the monthly invoice issued for instalment of a Service Fee. The Service Fee is exclusive of any deductions or withholding on account of any taxes, levies, fees or other charges. If a game created by Client generates a consumption of server space that exceeds USD 1000, Elympics shall be allowed to invoice You immediately with payment time 14 days. ## Revenue sharing for smart contracts The Client may or may not implement Elympics smart contracts in their game. If Client decides to use Elympics smart contract, the Client will be we charged the commission calculated as follows: `Elympics Smart Contract Service Charge = Developer Revenue (made by Smart Contract) x 30%` ## Elympics Intellectual Property Rights Elympics grants to Client a limited, revocable, non-exclusive, non-transferable, right to use the Services including the Elympics engine, and any other materials or intellectual property Elympics provides to Client in connection with the Services (the "Elympics materials"), subject to the terms of these Terms and (i) solely for the Client’s own internal non-commercial testing purposes during the Trial Period and solely within the scope necessary to test the Services; or (ii) for purposes including commercial use of the Elympics Engine by Clients who have an active payment plan – in accordance with limits applicable to the selected payment plan. Elympics (and its licensors, where applicable) owns all right, title and interest, including all related intellectual property rights, in and to the Services and Elympics materials, any software delivered to the Client, any hosting environment made accessible to the Client, any technology embodied or implemented in the Services and Elympics materials, any computer code provided by Elympics for the Client’s particular website and computer network, and any Services data ("Elympics Intellectual Property"). Except for the limited rights granted in this Terms, Client does not receive nor is granted any licenses or rights in the Elympics’ Intellectual Property. The License to use the SDK is appended to the SDK and the Client is obliged to accept it and abide by its provisions prior to downloading the SDK. Client agrees that they shall not: - reverse-engineer, disassemble or decompile the Elympics’s Intellectual Property; - decompile, disassemble the Services or any Elympics materials, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods, or techniques used or embodied in the Services or any Elympics materials or any portion thereof; - modify, translate, or otherwise create any derivative works based upon the Services or Elympics materials; - distribute, disclose, market, rent, lease, assign, sublicense, pledge, or otherwise transfer the Services or Elympics materials, in whole or in part, to any third party; - or remove or alter any copyright, trademark, or other proprietary notices, legends, symbols, or labels appearing on the Services or in any Elympics materials. The Client is prohibited from misusing the Services. In particular the Client shall not: - attempt to impersonate another person or use another person’s Account information without authorization; - violate or attempt to violate Services’ security features, including logging into a server that you are not authorized to access, or testing vulnerability of Service systems; - redistribute, decompile, reverse engineer, publish, or copy Service; - use Service for the purpose of creating a product with a substantially similar features, purpose, look, feel or design; - access or search Services by any means other than our publicly supported interfaces (for example, "scraping"); - interfere with others’ use and enjoyment of Services; - use Services or any Trademarks, trade names, service marks, copyrights, or logos of Elympics, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you; - violate any third party’s rights, including intellectual property or privacy rights; - upload to the Services any materials (in particular develop games) which violate third party intellectual property rights, are resigned or used for fraudulent purposes or in any other way infringe generally applicable provisions of law. - or engage in activity in connection with the Services that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate or upload illegal or defamatory content through the use of Website or our Services, or tamper with the Service in any other way. ## Client Intellectual Property Rights Client is the owner of intellectual property rights to software developed in connection with use of the Services (the "Client Intellectual Property"), in particular through the implemented SDK, which does not impact the sole ownership rights of Elympics to Elympics Intellectual Property (Including the Elymipics Engine and the SDK). For the avoidance of doubt, the Client acknowledges and asserts that s/he understands that the software developed by the Client in connection with use of the Services is separate from Elympics Intellectual Property and does not give rise to joint authorship of copyright works. Elympics and the Client confirm that neither Elympics nor Client intend to co-develop any Intellectual Property, in particular Works (and Software or its code). You represent and warrant that the Client Intellectual Property developed through use of Elympics Services does not infringe any third-party Intellectual Property Rights, nor is encumbered with third party’s rights and does not infringe other third party rights and use of the Client Intellectual Property does not require any acceptance of any public authorities, and is compatible with all applicable laws (including privacy laws). Under these Terms you hereby grant Elympics a non-exclusive, worldwide, free of charge, license (with the right to sublicense) to use the Client Intellectual Property Rights in order to provide the Client and its Users with Elympics Services. In particular but not limited to, Elympics is entitled to collect, copy, assemble, compile, modify and exploit in any possible way and with the use of any technology and formats, disseminate in any form, including public performance, exhibition, screening, presentation and broadcasting as well as retransmission, and making the Client Intellectual Property Rights publicly available in such a manner that anyone could access it at a place and time selected thereby. The Client grants Elympics the right to create, dispose and use derivative Works of the Client Intellectual Property Rights. To the maximum extent permitted by applicable law, Elympics is entitled to use the Client Intellectual Property Rights, provided that it does not entail personal data, in any way by the sole discretion of Elympics, for purposes of optimization, statistical analysis and the Elympics Services improvementThe Client grants Elympics a non-exclusive, royalty free license to use Client’s logo and name for Elympics’s advertising, literature and websites solely in connection with the marketing and resale of Elympics branded products, especially Client’s name and logo may be included to publicly available list of Elympics’s Clients. ## Updates of Elympics Software You accept that all (present and future) updates, upgrades, actualizations, modifications, supplements, further developments and add-on components to the Elympics Services and the Elympics Software shall be governed by these Terms unless we provide you with special terms of their use. Elympics will always provide you with the newest versions of the Elympics software and you are obligated to use the recent version of the Elympics software. We shall not be liable for any loss or damage or any other reasons caused by the Client’s use of previous versions of the Elympics services. ## Personal Data Elympics processes personal data of Client and its representatives to whom the Client grants access to the Account and personal data of Users included in the Client Data and Client Intellectual Property. We collect and process your personal data (and your representatives) as a data controller under our Elympics Developer Privacy Policy which is incorporated to these Terms by reference and is available at [https://panel.elympics.cc/privacy-policy](https://panel.elympics.cc/privacy-policy). The Client confirms that it is the controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the "GDPR") and any relevant national personal data protection legislation of Users’ personal data entrusted to Elympics as part of Client Data or Client Intellectual Property. The Client entrusts Elympics with the processing of personal data of Users for and on behalf of the Client. The list of categories of the entrusted data is contained in the definition of Client Data. Personal data processing shall be entrusted to Elympics for a period of the performance of the Services. Elympics will process the personal data only on documented instructions from the Client and only in the scope and for the purposes defined in this Section 9. The scope of personal data processing shall include the following operations performed on the personal data: collecting, recording, storing, developing, amending, making the data available, deleting the personal data both in paper form, as well as in IT systems. Elympics shall be entitled to further entrust the processing of personal data to subcontractors. The Client hereby consents to entrust the processing to the following subprocessors: Elympics shall inform the Client of any intended changes concerning the addition or replacement of other processors, thereby giving the Client the opportunity to object to such changes within 7 days of being informed about such changes. The same data protection obligations as set out in these Terms and Conditions will be imposed on the subcontractors through a contract. Elympics shall also ensure that it only appoints processors who meet the requirements of the GDPR and any applicable local data protection legislation. Elympics undertakes to take appropriate measures, before starting to process personal data, for securing the personal data, in accordance with Article 32 of the General Data Protection Regulation. Elympics shall only admit the people for personal data processing who shall be authorized by the Elympics to process personal data. Elympics represents that all persons authorized to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. Elympics shall keep records of persons authorized for personal data processing. Elympics, acting as a data processor, shall keep a record of categories of processing activities, as required by the GDPR. If necessary and to the extent justified by circumstances, Elympics will assist the Client with the fulfillment of its obligations as a controller, as outlined in Articles 32-36 and Chapter III of the GDPR; in particular, Elympics shall immediately inform the Client about any individuals’ requests to access, delete or rectify their personal data and to the extent necessary, assist the Client in addressing such requests within the statutory period of 30 days. Elympics undertakes to make available to the Client all information necessary to demonstrate compliance with the obligations imposed on the Client under the GDPR and applicable data protection legislation, and allow for and contribute to audits, including inspections, conducted by the Client or a third party auditor appointed by the Client; Elympics will also immediately inform the Client if, in its opinion, an instruction of the Data Controller infringes provisions of the GDPR. Prior to audit, the Client should request that Elympics provide it with information necessary to demonstrate compliance with the GDPR of the entrusted personal data processing. In the event that the Client, based on reasonable grounds, concludes that information provided by Elympics is insufficient and finds it necessary to proceed with an onsite audit of personal data processing by Elympics, the Client shall give Elympics at least 14 days’ written notice. The audit can be conducted on weekdays, excluding national holidays, between 9.00 a.m. and 5.00 p.m. Within 30 days of termination of the provision of Services, Elympics shall, at the Client’s discretion either: (i) permanently delete all the personal data entrusted to it by the Client, by deleting it from all the information media, software and information processing equipment; any paper form documents containing personal data shall be destroyed in a manner that guarantees that it will not be possible to retrieve the personal data contained in such documents; the destruction shall be confirmed by a memorandum of destruction prepared by an entity agreed between the parties, or (ii) transfer to the Client all materials and media which are not the property of Elympics or its subcontractors, and contain personal data entrusted by the Client; the materials and media will be returned at the Client’s expense. The obligations referred to in the above paragraph 14 shall also apply to subcontractors. Elympics shall immediately inform the Client of any instance of any breach, whatsoever, of the security of personal data entrusted to the Elympics and processed on the basis of this Agreement; Elympics shall provide the Client with information on circumstances of the breach and steps taken to remedy its consequences. The Client shall defend, indemnify and hold harmless the Elympics from and against all third party claims, actions, damages, losses, liabilities and any expenses which arise directly or indirectly out of or in connection with the Client’s data processing activities under or in connection with these Terms and under any applicable privacy laws. ## Confidentiality The Client acknowledges and accepts that all information and data made available to the Client within the use or in connection with the Elympics Services and Elympics software is a confidential information of Elympics or its contractors and as such shall not be used by the Client for any purpose other than agreed by Elympics and in compliance with these Terms. The Client is not allowed to disclose such confidential information to any third party for any purpose. Elympics acknowledges and accepts that all information and data made available by the Client to Elympics within the use or in connection with the Elympics Services and Elympics software is a confidential information of the Client and as such shall not be used by the Elympics for any purpose other than agreed by the Client and in compliance with these Terms. Elympics is entitled to disclose such confidential information to its subcontractors in order to provide the Client with the Elympics Services and the Elympics Software or any other purpose that stays in compliance with these Terms, in particular development of the Elympics Services and the Elympics software. Both Parties assure the proper level of protection of such confidential information, in particular each of the Parties shall disclose confidential information to only those employees of that Party who were chosen by that Party to provide or receive the Elympics Services. Elympics Each Party is entitled to disclose confidential information to authorities when such disclosure is required by law. Information which is generally available or known to the other Party from source other than delivering Party (or its officers, employees and contractors) shall not be considered as confidential. Provisions of these Terms concerning the confidentiality shall remain in force for a whole period of provision the Client with the Elympics Services and the Elympics software and five years after termination of these Terms. ## No Warranty The Elympics Services are provided "AS IS". To the maximum extent permitted by applicable law, Elympics does not provide warranty of any kind, expressed or implied, including but not limited to implied warranties non-infringement, fitness for a particular purpose, regarding the use of the Elympics software alone or as part of Client’s services, in particular in combination with software developed by Clients with use of our Services. We do not provide you with any warranty with respect to the performance of the Elympics Services or any assurance of profits, or that Elympics Services and Elympics software will meet the Client’s expectations regarding its use or will be error-free. Some jurisdictions may provide for any other warranties. Nevertheless, we exclude them all to the maximum extent permitted under applicable law. ## Indemnities To the maximum extent permitted by applicable law, the Client shall defend, indemnify and hold harmless Elympics from and against all third-party claims, damages, liabilities and any costs or Elympics losses which arise directly or indirectly out of or in connection with the Client’s use of the Elympics Services and Elympics software, including the Elympics’s use of the Client Data and Client Intellectual Property. ## Limitation of liabilities To the maximum extent permitted by applicable law Elympics (its officers, employees and contractors) shall not be liable for any special, direct or indirect, incidental, punitive or consequential damages (including, but not limited to loss of use, data or profits, or any business interruption, loss of privacy) or other liability, arising from or in connection with the contract (including negligence), tort (including negligence and intellectual property infringement, product liability) or from any failure, error or other involuntary event, with respect to the Elympics Services and Elympics software or its use. Furthermore, you acknowledge and accept that the Elympics (its officers, employees and contractors) is not liable for any loss of Client Data stored on Elympics’s servers and that You should back-up it by your own means. The above provisions do not seek to exclude liability for intentional damage. You also acknowledge and agree that from time to time we will need to suspend provision of the Elympics Services in order to carry out necessary maintenance and other technical works. We will make every effort in order to ensure that such technical break does not last more than 12 hours per month. To the extent permitted by law, the total liability of Elympics (its officers, employees and contractors) for any claims under these Terms is limited to the amount that you paid us to use the Elympics Services and the Elympics software for the period of last 12 months prior to the event giving rise the liability. Elympics shall not be held liable for any losses or damages caused to third parties by any software or games developed by the Client through use of Elympics Services. ## Termination You are bound by these Terms from the moment of registration of an Account, until termination of these Terms. You are entitled to terminate these Terms and the use of the Elympics Services at any time with a month’s notice by submitting us information on the Account or by sending us an e-mail at: contact@elympics.cc. Elympics may terminate these Terms and the Account at any time, for a justified reason with 30 days’ notice by submitting you information on the Account or by sending you an e-mail at your e-mail address revealed on your Account. In the event you breach any of terms and conditions of these Terms Elympics may terminate these Terms by a notice with immediate effect. To the maximum extent permitted by applicable law, we will not be liable for any costs or damage occurred as a result of our termination of these Terms. If you accepted these Terms as a consumer for non-commercial purposes please be informed that you have the right to withdraw from these Terms within 14 days from registration but no later than we activate your Account (whichever is first; the Account will be activated immediately, just after the receipt of the Service Fee payment; the Account will be active just after its registration and email confirmation). To exercise your right you can use the following form: "To: Elympics sp. z o.o. (a limited liability company) with its registered seat in Warsaw, Poland. I hereby give notice that I withdraw from my contract for provision of services concluded on [•]. The paid prices shall be returned in following way [•]. - Name: [•] - Address: [•] - Date: [•]" Once Elympics starts providing services to you, you acknowledge that such withdrawal will not be possible hence activation of your Account begins the period of provision you with the Elympics Services and digital content associated therewith. ## Assignment The Client may not assign or transfer its rights or obligations under these Terms (or any other policy, instruction, rules provided by the Elympics) without prior written consent of the Elympics. To the maximum extent permitted by applicable law, Elympics may assign or transfer its rights or obligations under these Terms or any other policy, instruction, rules constituting the agreement between the Elympics and the Client, to an affiliate or third party, in connection with a merger, acquisition, reorganization, sale of all or most of its assets or change of control or ownership. ## Miscellaneous All correspondence between the Parties shall be done by mail, e-mail or with the use of Account. The Client acknowledges and agrees that Elympics may use subcontractors in the performance of its obligations arising from these Terms in order to provide the Client with the Elympics Services and the Elympics Software. In the event that any provision hereof proves to be, or becomes, invalid or impossible to be performed, the Elympics shall promptly amend or supplement these Terms so as to approximate as closely as possible the intent expressed in the provision deemed to be invalid or impossible to be performed. A Party shall not be held liable for failure of or delay in performing its obligations under these Terms or in connection with the Elympics Services if such failure or delay is the result of an act of God, storms, floods, fires or other natural disasters, or in the case of war, terrorist activities, riots, labor dispute or strike, government sanction, blockage, embargo, attack of hackers, failure of electrical service or cloud service providers failures. In the event of any of such force majeure events, both of the Parties are entitled to suspend its obligations under these Terms for the period until the end of force majeure event. Suspending Party is obligated to give prompt notice to the other Party claiming such suspension. In the event force majeure continues longer than 90 days, either Party may terminate these Terms and the provision of the Elympics Services by a notice with immediate effect. ## Complaints If you have any questions or complaints concerning the use of the Elympics Services and the Elympics Software or quality of those services please feel free to contact us through your Account or by sending us an e-mail at support@elympics.cc. We will consider your question or complaint and respond to them within 30 days from their receipt. ## Resolution of disputes Any and all disputes arising out of or in connection with these Terms or the Elympics Services shall be held by the court competent for the Srodmiescie District of Capital City of Warsaw. If you accepted these Terms and use the Elympics Service as a consumer, all disputes arising out of or in connection with these Terms or the Elympics Services shall be resolved by the common court competent for the seat of Elympics or your place of residence (but within the territory of the European Union). Governing law These Terms shall be governed by Polish law. All provisions hereof shall be interpreted in accordance with Polish law. If you are a consumer located in the EEA, you have the possibility to use the European Commission’s Online Dispute Resolution system available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.