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Railcar Studio User Agreement

Content

  1. Conditions
  2. Protection of personal information
  3. Use of the Services
  4. Limited license
  5. Content and rights to it
  6. Rules of conduct, general prohibitions, rights of control by Niantic
  7. Participation in events
  8. Beta testing
  9. Third Party Sites and Resources
  10. Disclaimer of Warranties
  11. Disclaimer
  12. Dispute Resolution
  13. Transitional provisions
  14. Special conditions for residents of the Republic of Korea
  15. Special conditions for residents of the European Economic Area
  16. Special conditions for residents of Germany

1. Terms

Welcome to Railcar Studio. We create mobile applications and games, including augmented reality applications (“Apps”), and operate gaming, entertainment and augmented reality platforms (“Platform”). Please review this Railcar Studio User Agreement and any relevant application guidelines (“Guides”, collectively, the “Terms”), as the Terms dictate your use of the Applications and the Platform. The Terms also govern your interaction with our owned or operated websites ("Sites"), your purchases of any Railcar Studio promotional merchandise, your participation in Railcar Studio in-person events and promotions ("Events"), and any utilization of Railcar Studio products and services (collectively referred to as the “Services”).Depending on your country of residence, special conditions that deviate from the Terms may apply to you - please see the relevant section below.

By using the Services, you are agreeing to these Terms. If you do not agree to these Terms, you may not use the Services. Railcar Studio reserves the right to make amendments to these Terms at any time, and in such an event, we will alert you by posting the amended Terms on the Site or App. It is important for you to review these revised Terms before choosing to continue using the Services. You will be bound by the revised terms if you decide to continue using the Services. If you do not agree with the updated Terms, you may no longer use the Services.

SECTION 12, DISPUTE RESOLUTION, CONTAINS A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS.

If You are a user from a country in the European Economic Area (“EEA”) or another country that doesn't allow such an arbitration agreement, Section 13 does not apply to You.

If you violate these Terms, we may institute punitive measures against you, which could include, but are not limited to, account termination. You acknowledge that Railcar Studio is not obligated to, and will not offer any refunds for any use of the Services, in the event of our suspending or terminating your account.

2. Protection of personal data

Our services are developed to allow you to engage in shared game environments combined with real-world interactions. For us to provide these Services, we require information about you, which will only be utilized if there are legal justifications to do so. We encourage you to review our Privacy Policy to gain insight into the data we collect, how we use it, and the options available to you in relation to the usage of our Services.

3. Use of the Services

3.1 Cheating

Railcar Studio strictly prohibits in-game deceitful maneuvers, and routinely undertakes steps to enhance anti-cheating precautions. Cheating encompasses any activities intended to alter or disrupt the normal functioning or established rules of the Services or those that actually impact their performance. Cheating includes, but is not limited to, the following activities engaged for your own benefit or that of others:

  • Gaining unauthorized access to the Services (including using third-party modified or unofficial software);
  • Gaming using multiple accounts for one Service;
  • Account sharing practices;
  • Using any techniques to alter or forge the device's location (for instance, GPS spoofing); and/or
  • Selling or trading of accounts.

Should Railcar Studio ascertain (or possess reasonable suspicion) that cheating is transpiring on a device, the Apps on that device may end up being barred, and Railcar Studio will not offer support to gamers confirmed to be attempting to cheat. You consent that Railcar Studio can utilize any legal methods to detect and counter cheating, fraudulent activities, and other actions proscribed by these Terms, including inspecting your device for potential exploits, hacking and/or other unauthorized programs. For further details, kindly refer to the our Privacy Policy.

3.2 Safety and appropriateness of use

While utilizing our Services, it is essential to be aware of others and engage and communicate safely. You acknowledge that your utilization of the Services is at your own discretion, and you will abstain from using the Services to contravene any relevant laws, regulations, event norms, or the guidelines set forth in these Terms, or incite or provide the scope for other individuals to perform such activities.

You also agree not to post any unlawful, inappropriate, or commercial content (as outlined below) while using the Services. You are committed to avoid the submission of false, misleading, or unsuitable content, including when you report or amend data or make requests for data removal.

Railcar Studio does not consider the Applications to be a form of medical product or a source of medical advice.

3.3 Your interactions with others

You commit to uphold safe and suitable interactions with other players and individuals in the real world while using the Services. You will refrain from harassing, intimidating or otherwise infringing on the legal rights of others. You must avoid trespassing on another person's property or unlawfully gain access to any property or location where you do not have the rights or permission to enter, and you must abstain from any actions that could potentially harm any individual, cause any person's death, or lead to property damage, nuisance or any sort of liability. In the event that you have a disagreement with any third party related to your use of the Services, you are obligated to protect and hold Railcar Studio (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any and all claims, as well as all types of property losses (direct and indirect), irrespective of their kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, that arise out of or are in any way connected with such dispute.

3.4 Eligibility and Account Registration

If you want to use any specific Services, you need to create an account – an account (“ Account ”). You also need to have a supported smartphone with internet access. We do not support devices with modified root settings or jailbroken devices.

You may create an Account using (a) your existing Google Account, (b) your existing Facebook Account; (c) another third party account we support, as you choose on the account creation page of the App.

To avail any specific Services, you are required to establish an account ("Account"). Additionally, you need to possess a compatible smartphone with internet connectivity. Please note that we do not support devices with altered root settings or jailbroken mechanisms.

You are allowed to set up an Account using (a) your pre-existing Google Account, (b) your current Facebook Account; or (c) another supported third-party account, as per your selection on the account creation page of the App.

You agree to keep your Account password confidential and not to share it with anyone. In the event of any unauthorized access to your Account, you agree to notify us promptly. While Railcar Studio takes security obligations very seriously, you remain responsible for all actions carried out through your Account, regardless of whether they were done with your knowledge or not.

3.5 Suspension or deletion of an Account

We reserve the right to suspend or terminate your access to the Services and your permission to use the Services at any time and without prior notice. This may occur if: (a) you breach these Terms; (b) we suspect fraudulent or unscrupulous activity on your part, or the use of the Content or Services for deceitful purposes; or (c) we suspect any other illicit behavior linked to your Account. In the event that your Account remains inactive (unused and unengaged) for a certain period of time, we will inform you via the Services or App prior to terminating your Account.

You have the option to delete your Account at any time, by visiting the Application help centers. Upon termination of your access to any Services or upon the deletion of your Account, the following clauses of these Terms will still apply: Rights in Content, Rights Granted by You, Disclaimer of Warranties, Indemnification, Limitation of Liability, Dispute Resolution, General Terms, and this offer.

3.6 Who can use our Services

Unless specifically stated for a particular Service, use of the Services by children is not allowed. The term "child" refers to an individual who is either (a) below the age of 13, or the age permitting consent for personal data processing (for non-EEA residents, excluding residents of the Republic of Korea); (b) below the age of 16, or the relevant age permitting consent for personal data processing in their country (for residents of the EEA); or (c) under 14 years of age (for residents in the Republic of Korea).

In order for a child to gain access to Services that are permitted for children's use, validated consent from the child's parents or legal guardians ("Parents") is obligatory. In scenarios where parental consent is a requirement, it is strongly advised that Parents supervise their child's online activity and use of the Service.

The procedure of granting and authenticating consent for the admittance of children is conducted by one or more third-party entities (“Verification Service Provider”). Before the child can avail the Services, the Parent is obliged to register with the Verification Service Provider. The Verification Service Provider will request the Parent to confirm their identity and give their consent for setting up an Account for the child. After validating the identity and securing the Parent's consent, the Verification Service Provider will permit the Parent to establish an Account for the child. The Parental Consent is applicable exclusively for the Service for which it was granted.

Purchases via the Services are permitted only for Account Holders who either (a) have attained the legal age in their homeland to initiate transactions; or (b) have not yet reached the legal age but have secured Parental consent to use the Services. Parents can adjust the App settings to establish limits on their child's in-app purchases and should monitor their child's Account activity, including purchases of Virtual Money or Virtual Goods.

TO THE FULLEST EXTENT ALLOWED BY LAW, Railcar Studio DISCLAIMS ANY RESPONSIBILITY FOR ANY ACTIVITIES A CHILD ENGAGES IN WITHOUT PARENTAL PERMISSION. IF YOU ARE A PARENT AND YOU PROVIDE YOUR CONSENT FOR YOUR CHILD TO REGISTER FOR ONE OR MORE SERVICES, YOU HEREBY AGREE TO THE TERMS AND CONDITIONS WHICH GOVERN YOUR CHILD'S USE OF THE SERVICES.

4. Limited license

Subject to your adherence to these Terms, Railcar Studio provides you with a restricted, non-transferable, non-sublicensable license to download and install a copy of the Applications on a mobile device and to operate such copies of the Applications purely for your own personal, non-commercial uses. Except as explicitly allowed by these Terms or applicable law, you may not: (a) copy, modify, or create derivative works based on the Applications; (b) distribute, transfer, sublicense, lease, loan, or rent the Applications to any third party; (c) recover the source code of the Applications by decompiling or disassembling them; or (d) make the functionality of the Applications accessible to multiple users by any means. Railcar Studio maintains all rights in the Applications not expressly granted to you under these Terms.

5. Content and rights to it

Provided you comply with these Terms, Railcar Studio offers you a personal, non-commercial, non-exclusive, revocable, non-transferable, non-sublicensable license to download, view, display, and use Content exclusively for your permitted usage within the Service. "Content" is defined as text, computer programs, scripts, graphics, photos, sounds, music, videos, audiovisual works, messages, interactive features, works of authorship of any type, and information or other materials that are created, transmitted, or otherwise made accessible through Services, including User Content. “User Content” refers to any Content that a user of the Service makes accessible via the Service.

5.1 Rights to Content

Railcar Studio does not claim any ownership rights in User Content, and nothing in these Terms restricts your rights to use your User Content. Subject to the foregoing, all exclusive rights, other proprietary, and non-property rights in the Services and Content, including all related intellectual property rights, are solely owned by Railcar Studio and its licensors. You acknowledge that the Services and Content are granted protection by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark notices, or any other proprietary rights notices incorporated in or accompanying the Services or Content.

5.2 Rights you grant

By making any User Content available through the Services, you grant Railcar Studio a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual license (or, unless permitted by applicable law, a license for the entire duration of any applicable exclusive rights, including any extensions thereof) to use, copy, modify, create derivative works from, publicly display, publicly perform, advertise, promote and distribute your User Content. This is in connection with operating the Services and providing Content to you and third parties. By agreeing to these Terms, you are giving Railcar Studio unlimited permission to exercise the aforementioned rights, including but not limited to:

  • Reproducing User Content in any way and in any format;
  • Publicly broadcasting or providing access to User Content (or any product containing User Content) for a fee or free of charge, in all places and by any means currently known or unknown, particularly via the Internet, pay-per-view, pay-per-play, film or television broadcast, DVD, and in printed form;
  • Using User Content to display, promote, and advertise all Railcar Studio Services;
  • Creating or commissioning the production of any new products or services utilizing your User Content or from any product containing or derived from your User Content, whether reproduced in its original format or modified by Railcar Studio or any person chosen by Railcar Studio.

You alone are responsible for all your User Content. You confirm and assure that you hold exclusive rights to your User Content or possess all necessary rights to grant us the license to your User Content under these Terms. Furthermore, you guarantee that neither your User Content, nor your sharing of your User Content via the Services, nor any utilization of your User Content by Railcar Studio on or through the Services will infringe on the intellectual property rights of others, their rights to publicity or confidentiality, or breach any relevant laws. To the degree permitted by applicable laws, you also agree not to exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any User Content, against Railcar Studio or any third party designated by Railcar Studio.

5.3 In-game exchange

Certain Applications enable Account Holders to grab and swap virtual objects during gameplay, like, but not limited to, in-game personalities and other objects (“In-Game Trading Objects”). Compared to Virtual Money and Virtual Goods, In-Game Exchange Objects are acquired by participants during gameplay at no additional expense. You acknowledge that these In-Game Trade Items, which constitute Content, don't give you any rights of ownership, and that they bear no monetary worth. In-Game Trade Items may be swapped with other Account Holders for other In-Game Trade Items. However, they cannot be sold, transferred, or swapped for Virtual Money, Virtual Goods, real goods, real money, real services, or any other consideration, neither from us nor anyone else.

You accept that In-Game Exchange Items can only be procured by you from other Account Holders and through mechanisms provided by Railcar Studio, not via any third party platform, intermediary, or other mechanisms, unless granted specific permission. Any such sale, disposal, or exchange (or any attempt to do so) is prohibited and may lead to the termination of your Account or the revocation of such In-Game Exchange Items. All In-Game Exchange Objects and other Content elements are provided “as is”, without any warranties, where not forbidden by applicable law.

5.4 Virtual Money and Virtual Goods

Certain Applications from Railcar Studio permit players to buy a virtual currency (“Virtual Money”) unique to each application, and use said Virtual Money to purchase virtual items or services, as detailed and permitted by the terms of the corresponding application (“Virtual Goods"). Virtual Money is part of the Content category. You are allowed to access and purchase Virtual Goods for personal, non-commercial usage of the Services. You recognize that you acquire no ownership rights in the Virtual Money or Virtual Goods. Neither balances of Virtual Goods nor Virtual Money hold any prepaid value, and you agree that neither the Virtual Goods nor the Virtual Money bear any monetary value or denote any form of property or currency. Virtual Money can only be utilized to purchase Virtual Goods and cannot be sold, transferred, or swapped for real money, goods, or services, neither by us nor anyone else. You consent to only receiving Virtual Money and/or Virtual Goods from Railcar Studio and only through the methods provided by us, and not from any third party unless explicitly authorized.

Once you have purchased a license for Virtual Money or Virtual Goods, it is not permitted to transfer them to another person or account. Any such sale, disposal, or exchange (or any attempt thereof) is forbidden, it violates these Terms and may result in the cancellation of such Virtual Money or Virtual Goods or the removal of your Account.

During the validity of your Virtual Money license, you may use Virtual Money to purchase particular Virtual Goods. As indicated below, all Virtual Money, Virtual Goods, and other Content are provided “as is”, without any type of warranties. You agree that any sale by Railcar Studio of Virtual Money and Virtual Goods to you is final, and that we will not permit the exchange or return of any unused Virtual Money or Virtual Goods upon completion of the transaction.

Generally, Railcar Studio can offer, alter, withdraw and/or cancel Virtual Money, Virtual Goods, Content and/or Services or any part thereof at any time without any prior notification to you and without incurring any liability to you. If we decide to discontinue the usage of Virtual Money or Virtual Goods, we will provide you with 60 days' notice of such termination either through the Services or other forms of communication.

5.5 Feedback

You may provide feedback, comments and suggestions for improvements to the Services (“ Feedback ”) by contacting us through social media or support channels. Feedback is a form of User Content.

5.6 DMCA and Other Copyright Law Compliance Policy

Railcar Studio holds respect for copyright laws and anticipates users to do the same. Railcar Studio has a policy of closing down the accounts of users who infringe or are suspected of infringing the copyrights of copyright owners in suitable situations.

6. Rules of conduct, general prohibitions, rights of control by Railcar Studio

You consent to being held personally accountable for your behavior and your User Content while making use of the Services, alongside all the consequences that arise from your actions. Furthermore, you affirm not to engage in the following actions, unless a relevant law unwaveringly grants you the right to do so:

  • Amassing and storing personally identifiable data on other users of the Services and circulating such information without having their explicit approval;
  • Extracting, collecting or indexing select portions of the Services or Content (including user data or game scripts);
  • Utilizing the Services or Content, or any portion thereof, for any commercial aims or in a manner unauthorized by these Terms;
  • Attempting to access or search the Services or Content or downloading Content from the Services via technology or means aside from those provided by Railcar Studio;
  • Attempting to decipher, decompile, disassemble or otherwise reverse engineer the software employed to run the Services and convey Content;
  • Circumventing, eliminating, deactivating, descrambling or otherwise overcoming any technological measures that Railcar Studio or any Railcar Studio contractors or other third parties (including other users) use to safeguard the Services or Content;
  • Publishing, posting, communicating or transmitting any Content that encroaches upon, misuses, or violates any patent rights, copyrights, trademark rights, trade secrets, moral rights, or other intellectual property rights, or rights of publicity or privacy of any party;
  • Accessing, hacking or using non-public regions of the Services, Railcar Studio computer systems or technical delivery systems of Railcar Studio providers;
  • Attempting to find weaknesses in any Railcar Studio systems or networks or the Services, or to breach information security defenses or authentication measures;
  • Manipulating meta tags or other forms of hidden text or metadata containing Railcar Studio trademarks, logos, URLs, or product names without explicit written consent from Railcar Studio;
  • Falsifying any TCP/IP packet header or any part of the header information in any email or message board posting, or in any way using the Services or Content to send altered, misleading, or false source-attributed information;
  • Interfering with or attempting to disrupt any user, host, or network, inclusive of, without limitation, via virus introduction, overloading, flooding, spamming, or mail-bombing the Services;
  • Obstructing, hiding or in any way altering any attributions, notifications or links from the Services or Content;
  • Violating any applicable laws or regulations, or attempting to persuade someone to commit or giving someone the opportunity to carry out any of the aforementioned actions.

Despite having no obligation to monitor the usage of the Services or Content or to review or edit any Content, Railcar Studio may undertake these actions to ensure the accurate operation of the Services, adherence to these Terms, and compliance with all relevant laws and regulatory necessities. Railcar Studio reserves the right to eliminate or obstruct access to any Content at any point in time and without issuing a prior notification. Railcar Studio can remove any Content that we find objectionable or in contravention of these Terms. We reserve the right to launch investigations into violations of these Terms or activities affecting the Services. We may also collaborate with and aid law enforcement bodies in prosecuting users and others who breach the law.

ANY EFFORT ON YOUR PART TO CAUSE A DISRUPTION OR INTERFERENCE WITH THE NORMAL FUNCTIONING OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, HINDERING THE LEGITIMATE OPERATION OF ANY WEBSITE OR APPLICATION, OR EXPLOITING ANY SITES OR APPLICATIONS FOR PERSONAL BENEFIT, IS A CONTRAVENTION OF THE Railcar Studio USER AGREEMENT AND MAY BE DEEMED AS A LEGAL OFFENCE, LEADING TO CRIMINAL AND CIVIL CONSEQUENCES.

7. Participation in Events

7.1 Registration and tickets for Events

The term “Events” refers to any in-person meetings, gatherings, activities, etc. organized, hosted, or administered by Railcar Studio, as well as any Promotions (as defined below). When you register or, where needed, purchase tickets for an Event, you assert and guarantee that the details you offer are accurate and true. If you register or buy tickets on behalf of others, you claim and guarantee that you possess all the rights and consents necessary to register and share this information on behalf of others.

Subordinate to applicable law and the exceptions illustrated in these Terms, tickets to Events are non-refundable, non-exchangeable, and non-transferable. To gain entry into the Event, reasonable identification might be required, such as a driver's license or passport, displaying the first and last name as provided during pre-entry. Reselling or attempts to resell tickets will result in their cancellation without refunding the ticket price. Tickets received from unauthorized sources might be invalid, lost, stolen, or counterfeit, and will be denied. Lost, stolen or destroyed tickets will not be replaced. Commercial use of tickets is prohibited without the written approval of Railcar Studio. Tickets cannot be returned for cash or as credit towards future purchases. You agree to comply with any posted ticket quantity limits; any orders exceeding or violating these restrictions will be canceled without prior notice or refund. The number of seats and/or tickets for Events might be restricted, and Railcar Studio does not guarantee that you will be able to purchase a ticket or attend an Event.

Unless prohibited by relevant law, by attending the Event, you confirm Railcar Studio's right to use your data collected from you according to the Privacy Policy to communicate information about the Event (in person and online), including contacting you and sharing new details about the Event, sending you necessary items by mail (for instance, an identification wristband with a QR code), notification of emergencies or adverse weather conditions, or publicly available rankings of the leaders of the Events and gaming competitions.

7.2 Rules of conduct at Events

You must consistently adhere to all applicable laws and all the rules and regulations set by Railcar Studio or any other authorized party involved in the organizing or administering of the Event, including all health and safety requirements, regulations, and all reasonable instructions from Event venue staff and Railcar Studio representatives at the event. As a requirement of your participation, you agree to comply with all policies of the Sites, inclusive of, without limitation, any site for the applicable Event.

Forbidden items at the Events include illegal drugs, controlled substances, contraband goods, weapons, and illicit items. You consent to reasonable security measures and personal search upon entry. To the greatest extent permissible by applicable law, you waive and indemnify Railcar Studio or any third party involved in organizing or conducting the Event against all claims, demands, causes of action, damages, losses, expenses, and from any liability that might arise as a consequence of or in connection with such precautions and/or personal searches. If you choose not to agree to these security measures and searches, you might be denied entry to the Event or might be removed from the Event without the right to a refund or any other compensation.

Railcar Studio and its authorized third parties keep the right to refuse entry to the Event or to remove from the Event, without refund or other compensation, any individual who (a) fails to adhere to these Terms, (b) acts disruptive to public order or deliberately commits unlawful acts, or (c) in the judgment of Railcar Studio or its authorized third parties, negatively influences the Event, the participants, the spectators, and/or the staff.

Minors are only allowed to attend the Events if they are accompanied by their Parents.

7.3 Risk acceptance

Unless dissuaded by relevant law, you agree that by purchasing tickets to the Event, participating in the Event or attending the Event, you willingly, consciously, and voluntarily assume all risks arising before, during, and after the Event, including the risk of harm for any reason and risks of damage, loss, or theft of property. You recognize that the Events and individual activities at the Events come with inherent and unpredictable risks, including the risks of (a) contact or collision with individuals or objects, (b) obstructions (like natural and man-made water bodies, road and ground hazards), (c) equipment-related (e.g. broken, defective or unfit equipment, unexpected equipment failures), (d) weather-related conditions, (e) inadequacy of emergency response measures and/or emergency plans, ( f) behavior-related or judging-related (for instance, eccentric or inappropriate actions of participants or spectators or judging by staff at the Event) and (g) natural reasons (uneven or challenging surfaces, wild animals and insects, contact with plants). You agree to take sensible precautions before participating in the Event and its activities, such as consulting your doctor and ensuring that you are in good physical condition, appropriately dressed, and possessing any necessary or recommended equipment. You also comprehend and acknowledge that you are responsible for your awareness of the Event venue, facilities, equipment, and areas where the Event will occur, and that your participation in the Event signifies the safety, adequacy, and suitability of such facilities, equipment, and areas for your participation in the Event. If you suspect or become aware of any insecure conditions or irrational risks, you agree to instantly notify competent personnel and stop your participation in the Event.

As far as permissible by applicable law, you hereby renounce and indemnify Railcar Studio or any third party involved in organizing or conducting the Event from any and all claims, demands, causes of action, and damages, losses, expenses, and from any liability that might come about or in any way be connected to your presence at or participation in the Event, including liability for negligence, inherent and unforeseen risks, injury or damage to individuals or property, and for the actions of third parties, participants of the Event, and spectators.

7.4 Characteristics of the Events; cancellation of Events

In accordance with applicable law, any Event timing, interactive or in-game aspects, activities, goods, services, advantages, items, prizes, and/or Content (jointly, “Event Features”) promoted in association with the Event, are not assured and might be altered and/or called off before or during the Event without any prior notification or compensation. Admission to an Event does not guarantee any specific Event Features during the Event.

The date, time and/or location of the Event can change at any moment, and Railcar Studio will make commercially reasonable attempts to notify you in advance about any significant changes. In case an Event is canceled, suspended or postponed and you are unable to attend the rescheduled Event, you will not be entitled to any additional compensation beyond a refund of the ticket price to you at its face value, and neither Railcar Studio nor any third party will have any obligation to you to pay any additional compensation. You cover all travel and accommodation expenses yourself.

7.5 Recording and use of your image

You consent and authorize Railcar Studio to capture your image, likeness, name, conversations, biographical data, personality, and voice at Events and to use such information free of charge as per the terms and conditions outlined in the “Rights You Grant” section above. Railcar Studio retains the right to publicize the outcomes of any competition (including any rankings and the identities of any winners), game statistics, and images of participants in its promotional materials and social media channels in accordance with these Terms.

8. Beta testing

Railcar Studio may grant you access to specific mobile applications prior to their official launch (“Beta Versions”) and invite you to take part in testing and share testing results of these Beta Versions as a part of Railcar Studio's beta testing program for new applications (“Beta Program”). This section is only applicable to closed Beta Test Programs in which Railcar Studio provides exclusive access to selected testers. This section does not apply to Open Beta Versions that Railcar Studio publicly releases on the App Store.

You acknowledge any product functionality or content, game documentation, promotional materials, and/or any other information that Railcar Studio may share with you in relation to the Beta Testing Program (“Testing Materials”), the Beta Versions themselves, and all things linked to the Beta Program, are Railcar Studio's sole property and confidential and should be treated as confidential information until an official release.

If Railcar Studio gives you access to a Beta Version, subject to your adherence to these Terms, Railcar Studio grants you a personal, revocable, non-transferable, non-exclusive, limited license to use the Beta Version solely for testing and giving feedback on the Beta Version's performance in the Beta testing Program.

  • Except where required by applicable law, and without limiting anything stated above, you are forbidden from:
  • Copying, altering the Beta Version or creating derivative works based on it;
  • Transmit or sell the Beta Version to anyone;
  • Reverse engineering, decompiling, disassembling, deciphering the Beta Version, or attempting to rebuild the Beta Version's source code;
  • Installing the Beta Version on systems you do not directly control or which you share with others;
  • Discussing the Beta Versions with or displaying them to anyone outside of Railcar Studio;
  • Posting information about the Beta on blogs, tweets or other publicly accessible formats;
  • Taking screenshots, photos, video or audio recordings of the Beta Versions without Railcar Studio's written permission; or
  • Providing access to Beta Feedback (as defined below) to any third party without obtaining Railcar Studio's prior written consent.

When using a Beta Version in public areas, exercise caution. Do not let anyone see, hear, record, or photograph Betas. Please promptly notify Railcar Studio of any unauthorized access to your Account or any suspected hacking attempt.

Railcar Studio may gather your comments, suggestions, and feedback about the Beta, and may monitor your use of the Beta through analytics tools and in line with Railcar Studio's Privacy Policy. All such comments, suggestions, feedback, and analytics (collectively, “Beta Feedback”) are Railcar Studio's sole property.

You understand and agree that participation in the Beta Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Railcar Studio, and you will not receive any compensation for such participation or for any feedback regarding the Beta Versions.

Unless prohibited by applicable law, all Test Materials are provided to you “as is”, without warranties of any kind, express or implied. You understand that Beta versions of programs are under development and may contain errors, bugs, and other issues that could lead to data loss and/or system failure. You should install Beta versions on devices that are not your primary work devices, are not business critical, and are backed up. Unless prohibited by applicable law, Railcar Studio is in no way responsible for any damages that you may suffer as a result of your participation in the Beta Testing Program.

You agree that any breach of your confidentiality obligations would cause Railcar Studio irreparable harm, the degree of which would be difficult to determine, and that financial damages would not adequately compensate Railcar Studio's rights in such event. As a result, you agree that, in the case of a breach of your confidentiality obligations, Railcar Studio will have the right to seek injunctive relief and any other injunctive relief a court deems appropriate, in addition to any other remedies Railcar Studio may have at its disposal.

9. Third party sites and resources

The Services might contain links to third-party websites or resources. Railcar Studio provides these links merely for user's convenience and is not responsible for the content of those websites or resources, or the products or services offered from those websites or resources, or the links exhibited on those websites. As far as permitted by applicable law, you acknowledge and accept that you are solely responsible for and assume all risks arising from your use of any third-party sites and resources.

Railcar Studio isn't responsible for the availability or quality of third-party services, including cellular networks, hotspots, wireless internet, and other services. These third-party services might affect your ability to use the Services or participate in Events, and you hereby waive and release Railcar Studio and any third party involved in the creation and operation of the Services from any and all claims, demands, actions, damages, recoveries, expenses, and any responsibilities that may arise from the use or in connection with the use of such third-party services.

10. Disclaimer of Warranties

AS FAR AS ALLOWED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS” WITHOUT ANY GUARANTEE OF ANY SORT. WITHOUT LIMITING THE PREVIOUSLY MENTIONED, WE EXPRESSLY DISCLAIM ANY WARRANTY ON OUR PART RELATING TO MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, PEACEFUL ENJOYMENT, NON-INFRINGEMENT, OR ANY OTHER WARRANTIES, INCLUDING THOSE ARISING OUT OF USAGE OR TRADE CUSTOM. WE DO NOT GUARANTEE THAT THE SERVICES WILL ADHERE TO YOUR REQUIREMENTS OR WILL RUN UNINTERRUPTED, SECURELY, OR WITHOUT ERRORS. WE DO NOT MAKE ANY WARRANTY ABOUT THE QUALITY, PRECISION, TIMELINESS, DEPENDABILITY, COMPLETENESS, OR TRUTHFULNESS OF ANY CONTENT.

YOU TAKE ON ALL RISKS TIED WITH YOUR VIRTUAL OR ACTUAL RESULTING COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND OTHER INDIVIDUALS WITH WHOM YOU ENGAGE OR INTERACT AS A CONSEQUENCE OF YOUR UTILIZATION OF Railcar Studio'S SERVICES. YOU UNDERSTAND THAT Railcar Studio DOES NOT SCRUTINIZE OR INQUIRE INTO THE BACKGROUND OF ANY USER OF THE SERVICES. Railcar Studio MAKES NO CLAIMS OR GUARANTEES ABOUT THE BEHAVIOR OF USERS OF THE SERVICES. YOU AGREE TO TAKE SENSIBLE PRECAUTIONS IN YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND OTHER INDIVIDUALS WITH WHOM YOU ENGAGE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET THEM OFFLINE OR IN PERSON.

11. Limitation of liability

TO THE EXTENT ALLOWED BY APPLICABLE LAW, NEITHER Railcar Studio NOR ANY OTHER ENTITY INVOLVED IN THE CREATION, PRODUCTION OR PROVISION OF THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA LOSS OR DAMAGE TO YOUR REPUTATION, INTERRUPTIONS, DAMAGE TO COMPUTERS OR SYSTEMS FAILURE, OR THE COSTS OF PROVIDING SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONJUNCTION WITH THESE TERMS OR YOUR USE OR INABILITY TO USE THE SERVICES OR CONTENT. THIS ALSO APPLIES TO ANY COMMUNICATION, INTERACTION, OR MEETINGS WITH OTHER USERS OR PERSONS YOU HAVE INTERACTED WITH THROUGH THE USE OF Railcar Studio'S SERVICES, REGARDLESS OF WHETHER THE LIABILITY IS BASED ON WARRANTY OR CONTRACT BREACH, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Railcar Studio HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS APPLIES EVEN IF A LIMITED REMEDY PROVIDED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Certain countries do not permit excluding or limiting liability for incidental or consequential losses, hence, the above-mentioned limitation of responsibility should be applied to the highest degree allowed by the law in those countries.

AS FAR AS PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF Railcar Studio ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM USE OR INABILITY TO USE THE SERVICES OR CONTENT SHOULD NOT EXCEED 1000 (ONE THOUSAND) US DOLLARS OR, IF THE AGREEMENT IS WITH Railcar Studio INTERNATIONAL LIMITED, ONE THOUSAND (1000) POUND STERLING. THE STATED EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND RAILCAR STUDIO

12. Dispute resolution

YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND Railcar Studio WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, AND YOU ARE THEREBY WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE AS A CO-PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT OR ANY OTHER REPRESENTATIVE PROCEEDINGS.

THIS STIPULATION DOES NOT APPLY: (1) IF YOU RESIDE IN THE EEA OR ANY OTHER JURISDICTION THAT DOES NOT ALLOW SUCH ARBITRATION AGREEMENTS, (2) IF YOU CHOOSE TO OPT OUT OF ARBITRATION AS OUTLINED BELOW IN THE "ARBITRATION" SECTION, OR (3) OTHER INSTANCES WHERE CERTAIN TYPES OF DISPUTES ARE PROVIDED FOR BELOW IN THE ARBITRATION SECTION.

12.1 Arbitration

If you reside in the United States or any other country that allows an arbitration clause, you agree with Railcar Studio that any dispute between you will be resolved by binding arbitration. However, each party retains the right to: (a) bring an individual action in a small claims court, and (b) seek injunction or other equivalent relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of that party's intellectual property rights (the actions outlined in this section (b) are referred to as “IP Protection Actions”). Despite this agreement to arbitrate, Railcar Studio maintains the right to file a suit in any competent court to halt any deliberate or malicious misuse or infringement (such as hacking or misrepresenting your location) of Railcar Studio’s intellectual property rights, products and Services and/ or to recover damages from you for such behavior.

Not limiting the previous paragraph, you also have the right to bring any other disagreement to a court if you give Railcar Studio written notice of your intention to do so by emailing termsofservice@Railcar Studio.com within thirty (30) days of first agreeing to these terms. This notice is considered a “Notice to Opt-out of Arbitration.” If you fail to provide Railcar Studio with an Arbitration Opt-out Notice within the mentioned 30-day period, you will be considered to have consciously and intentionally relinquished your rights to have a court settle any dispute except for those expressly covered in subsections (a) and (b) above. Moreover, unless you and Railcar Studio agree otherwise in writing, the arbitrator cannot consolidate more than one person's claims or manage any form of representative class proceedings. If such a waiver of class action rights is deemed unenforceable, the parties' agreement to arbitrate will be null and void. Except as stated in the above sentence, this Dispute Resolution section will survive any termination of these terms. If the terms of this 12.1 “Arbitration” clause are considered legally unenforceable for any particular claim, that claim should be detached from arbitration proceedings and asserted as per clause 12.6 “Applicable Law and Exclusive Venue for Judicial Resolution of Disputes.” All other claims will be settled via arbitration. Only the arbitrator, not any court or agency, shall have exclusive authority to: (a) determine the extent of this arbitration agreement and (b) settle any debate about its interpretation, application, enforceability, or validity, including any claim that all or any part of this agreement is void or voidable.

All disputes will be settled individually, and not as a part of any class action, which means you are waiving your right to a class action suit. Any disputes deemed not suitable for arbitration and not already handled via the small claims court system will be handled in a court of law in accordance with clause 12.6 “Applicable Law and Exclusive Venue for Judicial Resolution of Disputes,” signed off by Railcar Studio.

By entering into this agreement, you are giving up your right to seek relief from a jury and instead are agreeing to have your disputes resolved by an arbitrator. This agreement to arbitrate will remain in effect even after your relationship with Railcar Studio ends. This arbitration agreement does not prohibit you or Railcar Studio from taking immediate action in a court of competent jurisdiction to prevent the actual or threatened violation of intellectual property or infringement rights pending the decision of the arbitrator.

In the end, it is your sole responsibility to read and understand this arbitration agreement before accepting these terms. Entering into this agreement signifies your acceptance of all its terms and conditions, including arbitration of disputes. If you have any questions regarding this arbitration agreement, or if you do not wish to accept these terms, you must contact Railcar Studio as outlined above.

12.2 Arbitration Rules

The arbitration will be administered by the American Arbitration Association ("AAA") according to the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes ("AAA Rules") that are current at that time, but modified by this Dispute Resolution section. (These AAA Rules can be accessed at https://www.adr.org/Rules, or you can contact the AAA via phone at 1-800-778-7879.) The interpretation and implementation of this section will be governed by the United States Federal Arbitration Act

12.3 Arbitration Procedure

The party wishing to start the arbitration must deliver a written Demand for Arbitration to the other party, as per the requirements detailed in the AAA Rules (the AAA offers a generic Demand for Arbitration.) The sole arbitrator will be either a retired judge or a lawyer who has been admitted to the bar and who will be chosen by both parties from a list of potential arbitrators supplied by the AAA. Should the parties be unable to agree on an arbitrator within fourteen (14) days from the receipt of the Demand for Arbitration, the AAA will appoint an arbitrator according to the rules outlined by the AAA.

12.4 Place and procedure for arbitration

Unless you and Railcar Studio agree otherwise, the arbitration will be held confidentially in your country of residence. If your claim does not exceed $10,000, the arbitration will be conducted solely based on the documents you and Railcar Studio provide to the arbitrator, with no requirement for further evidence (such as an affidavit) unless the arbitrator decides that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. As per the AAA Rules, the arbitrator has the discretion to call for a reasonable exchange of information between disputing parties considering the expedited nature of the arbitration procedure. Regardless of the arbitrator's discretion, under no circumstances will the parties be allowed to include more than three (3) of their pleadings per party in the record, or collective pleadings of the nature prescribed by Section 30(b)(6) of the Federal Rules of Civil Procedure and California Code of Civil Procedure 2025.230.

12.5 Arbitrator's decision

The arbitrator will deliver a decision within the timeframe specified in the AAA Rules. The decision, which will be confidential, will contain the essential findings and conclusions on which it is based. Any civil court with jurisdiction may confirm and enforce an arbitration award. The amount of damages awarded by the arbitrator must align with the provisions specified in Section 12, Limitation of Liability, concerning the kinds and amounts of damages for which each party can be held responsible. The arbitrator can only grant injunctive and other equivalent forms of relief in favor of the claimant and as needed to meet the individual claim's demands. If you are successful in the arbitration, you will be entitled to recoup your legal fees and costs to the extent that such recovery is permitted under applicable law. Railcar Studio will refrain from, and hereby renounces, any right it may have under applicable law to recover legal fees and costs if it is successful in the arbitration.

12.6 Applicable law and exclusive venue for dispute resolution

To the extent that these Terms allow you or Railcar Studio to initiate legal proceedings other than in small claims court, you and Railcar Studio agree to the exclusive jurisdiction of the state and federal courts located in the Northern Judicial District of California for such disputes. Both parties hereby waive any right to object to the jurisdiction or venue of these courts. These Terms and your utilization of the Services are governed by the laws of the State of California, disregarding any conflict of law provisions. If you reside in the EEA or a country where this clause is not allowed by local law, this paragraph doesn't apply to you and doesn't deny you the protections provided by the mandatory provisions of your country's consumer protection laws.

12.7 Arbitration Fees

Our responsibility to pay any fees associated with filing, administration, and the arbitrator, as imposed by the AAA, is strictly limited to those that are outlined in the AAA Rules. However, if your claim for damages doesn't exceed $75,000, Railcar Studio will cover all such fees unless the arbitrator determines that your claim or the claims outlined in the Demand for Arbitration were baseless or were made in bad faith (as determined by the standards outlined in Section 11(b) of the Federal Rules of Civil Procedure).

12.8 Changes to Dispute Resolution Procedures

Despite the terms mentioned in the "Changes to the Terms or Services" section above, if Railcar Studio modifies this "Dispute Resolution" section after the date you initially accepted these Terms (or agreed to any subsequent changes of these Terms), you reserve the right to reject such changes by providing us written notice (through email to info@railcarstudio.com ) within thirty (30) days from the date these changes come into effect. The effective date of changes is either indicated as the "last revised date" at the start of the Terms or in Railcar Studio's notification to you of the changes. By refusing to accept any changes, you agree to settle any disagreement between you and Railcar Studio through arbitration as per the provisions of this "Dispute Resolution" section, as modified on the date of your initial agreement to these Terms (or your agreement to any subsequent changes to these Terms).

13. Transitional provisions

13.1 Entire agreement

These Terms encompass the complete and exclusive understandings and agreements between Railcar Studio and you in relation to the Services and Content. They replace all prior oral and written understandings or agreements between Railcar Studio and you regarding the Services and Content.

13.2 Autonomy of provisions

If any part of these Terms is determined to be invalid or unenforceable, that part will be enforced to the greatest extent possible, and the remainder of the Terms will continue to be fully effective. Without prior written approval from Railcar Studio, you are not permitted to assign or transfer your rights or responsibilities under these Terms, either legally or otherwise. Any attempts by you to assign or transfer your rights and responsibilities under these Terms without such consent will be null and void. Railcar Studio has the freedom to assign or transfer its rights and obligations under these Terms without any limitations, bearing no joint or several liability as an assignor or transferrer. Subject to the above stipulations, these Terms are beneficial to and binding upon the parties, their successors, and permitted assigns.

13.3 Force majeure

Neither Railcar Studio, nor any user, nor any other person involved in the making, production, or delivery of the Services or Content will be held accountable for any loss, injury, failure, or delay in performance caused by events outside of their control such as natural disasters, weather conditions, fires, floods, acts of terrorism or hostility, malfunction of satellite systems or communication networks, orders or regulatory actions from the government, labor disputes, or any other circumstances beyond that person's control.

13.4 Notices

Any notifications or other communications provided by Railcar Studio under these Terms, including those concerning amendments to these Terms, will be delivered: (a) through email or (b) by posting on the Services. The date of receiving notifications sent by email will be considered to be the date of sending such notification to any email address that you have provided.

13.5 Waiver

Railcar Studio's failure to utilize any right under these Terms or enforce any provision of these Terms will not be seen as a waiver of such right or provision. Any forego of any right or provision will only be valid if it's in a document signed by an authorized representative of Railcar Studio. Unless expressly mentioned in these Terms, the use of any remedies by either party provided in these Terms doesn't affect its other remedies under these Terms or otherwise.

13.6 Contact information

If you have any inquiries regarding these Terms or the Services, please contact Railcar Studio either by email at info@railcarstudio.com or at 101 Jefferson Dr, Menlo Park, CA 94025, USA

14. Special conditions for residents of the Republic of Korea

14.1 Purchases by End Users in the Republic of Korea

If you're residing in the Republic of Korea, the Electronic Commerce Law grants you certain rights to receive a refund within seven (7) days of purchase. However, it's important to keep in mind that once you've traded Virtual Money for Virtual Goods in the App, refunds will not be permitted. We hold the right to oversee, manage, or remove any Virtual Money or Virtual Goods as allowed by relevant law, without any obligations to you.

15. Special conditions for residents of the European Economic Area

15.1 Purchases and Refunds

If you are a resident in the EEA, you have specific rights to dispute online purchases. However, please be aware that once you download Virtual Money from us, your right to withdraw will end. You agree that (a) buying Virtual Money includes the immediate download of such Content and (b) you give up your right to cancel the purchase once it's completed. If you're located in the EEA, we will provide you with a VAT invoice when legally obliged to do so. You consent to receive such invoices in electronic format. We retain the right to oversee, manage, or remove any Virtual Money or Virtual Goods without owing any liability to you.

16. Special conditions for residents of Germany

16.1 Limitation of liability

In cases of deliberate or gross negligence by a Party, including its representatives and agents, such Party's liability shall adhere to legal provisions. The same principle applies to liability for damages resulting from life-threatening or health-related damage due to negligent behaviour, losses incurred from a quality guarantee breach, and intentional concealment of defects.

In instances of property damage and economic loss caused by the careless negligence of any Party, their representatives or vicarious agents, such Party holds liability only in the case of the violation of essential contractual duties. However, the extent of liability is limited to foreseeable damage at the time the contract was signed, and that is typical for contracts of this nature. Essential contractual obligations refer to those duties whose fulfilment ensures the proper execution of the contract and the adherence to which other contract parties typically rely on.

If the statutory limitations of liability, prescribed in Articles 521 and 599 of the German Civil Code, apply to free-of-charge services, they won't be affected by the above terms.

Liability that's based on the German Product Liability Act remains as is.

Any other types of liability of either Party, other than those listed above, are not considered.