Last Updated: Ver. 1.3 – May 19, 2025
Welcome to Kluge Interactive, the studio behind Synth Riders and Final Fury!
These Terms of Service (“Terms” or “TOS”) constitute a legal agreement between you (“user”, “you”, and “your”) and Kluge Interactive (“Kluge Interactive”, “us”, “we”, and “our”) and cover use of our websites, games, mobile apps, console titles, cross-platform applications, downloadable content (“DLC”), digital assets, in-game purchases, subscriptions and other services provided by us (collectively, our “Services”).
Some individual Services, such as Synth Riders and Final Fury, may include additional terms, to include a dedicated End User License Agreement (“EULA”), Code of Conduct (“Code of Conduct”), Health and Safety Warning, or Privacy Policy. If you are inquiring about a specific game, please refer to the documentation associated with that title.
By accessing or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms, as well as any supplemental agreements incorporated by reference. These Terms apply to all our Services, including any updates, enhancements, new features, or the addition of new games or platforms.
Nothing in these Terms limits or excludes the application of any mandatory consumer protection laws in your jurisdiction. If you do not agree to these Terms, you are not permitted to use our Services.
| Parents & Guardians We provide age ratings for our games on the platforms where they are distributed to help you determine whether our content is appropriate for your child. We strongly encourage you to supervise your child’s online activity, review the content they access, and monitor their social interactions where appropriate. For rating details, please refer to the platform-specific information provided on Steam, Meta, or other digital marketplaces. |
For gameplay and content-related rules, the applicable End User License Agreement (“EULA”) and Code of Conduct shall govern and apply in addition to these Terms.
1. GENERAL TERMS
A. Eligibility. By accessing or using the Services, you confirm that you are either (i) of legal age in your jurisdiction, or (ii) have obtained verifiable consent from a parent or legal guardian. If you are under the legal age, your parent or guardian must agree to these Terms on your behalf. Both you and your guardian are responsible for compliance and all activity associated with your Account (as defined below). Misrepresenting age or consent is a material breach of these Terms and may result in termination of your Account and/or access to the Services. We comply with relevant privacy protection regulations, including the Children’s Online Privacy Protection Act (“COPPA”), the General Data Protection Regulation (“GDPR”), and the California Consumer Privacy Act (“CCPA”). If we discover that we have collected personal information from individuals below the minimum age allowed by law, we will delete such data. To report such a collection, contact: [email protected].
B. Health & Safety Considerations. Use of our Services, including virtual reality gaming, may pose physical risks such as motion sickness, fatigue, or injury. By using our Services, you acknowledge and accept these inherent risks. You are responsible for:
To the extent permitted by law, Kluge Interactive disclaims all liability for injury, health complications, or property damage resulting from misuse of the Services, failure to follow safety guidance, or pre-existing conditions aggravated by gameplay.
C. Accounts Through Third-Party Platforms. “Account” means the user profile or credentials used to access the Services, whether created through a third-party platform or directly with us. Some features may require an Account through platforms such as Meta, Steam, or PlayStation. These platforms operate independently, and your use of them is governed by their respective terms and privacy policies. Kluge Interactive does not control account creation, management, or recovery on third-party services.
You are responsible for providing accurate and complete information when creating an Account and for safeguarding your credentials. Do not share, transfer, or sell your Account. Violations of platform terms may result in loss of access to our Services. If Kluge Interactive introduces a direct account system in the future, this section will be updated accordingly.
D. System Requirements & Compatibility. To use our Services, ensure your device meets all necessary system requirements and is compatible with supported platforms. Your use of third-party platforms (e.g., Meta, Steam, or PlayStation ) is subject to their respective terms and conditions. Additionally, an internet connection may be required for certain features. You are responsible for maintaining a reliable connection and covering any associated costs, including data fees. In the event of a conflict between these Terms and third-party terms, the third-party terms govern platform-specific issues, while these Terms govern all other aspects of your use of the Services.
E. Third-Party Links, Advertising & Services. Our Services may include hyperlinks to third-party websites or services, display advertisements for third-party goods, promotions, or content, and provide access to third-party functionality or platforms. These third parties operate independently, and we disclaim responsibility for their content, accuracy, legality, or practices. Interactions with third-party entities are at your own risk, and we are not liable for any loss, damage, or disputes arising from such interactions.
F. Updates & Service Changes. We may provide patches, updates, or upgrades to our Services that are required for continued use. These updates may occur automatically and without prior notice. We are not obligated to provide updates or guarantee compatibility with all systems or devices. From time to time, we may modify, alter, restrict, or remove access to certain features or functionalities of our Services to improve functionality, address technical or legal issues, ensure platform compatibility, adapt to business needs, or for other valid reasons. Certain features or content may be available only on specific platforms, regions, or versions of our Services, and we make no guarantee that any particular feature or content will remain available indefinitely. By using our Services, you acknowledge that features, content and functionalities may change, become restricted, or be discontinued, and that Kluge Interactive is not liable for any impact such changes may have on your experience.
G. Trial or Limited-Use Services. If you access a trial version, a demo version, or free tier of our Services, usage may be restricted by time, features, or other limitations. Attempting to bypass these restrictions is prohibited and may result in account termination or legal action. We may enforce these limitations using reasonable technical measures.
H. Availability of Services. The availability of our Services may vary by region, device, or local laws. Changing regions may affect access to certain Services or Content, and some features may no longer be accessible if prohibited in your new location.
I. Sweepstakes & Promotions. From time to time, Kluge Interactive may host sweepstakes, contests, or similar promotions (“Sweepstakes“) through our Services or third-party partners. Participation in these Sweepstakes is voluntary and subject to specific rules, terms, and conditions provided in conjunction with each Sweepstakes. These rules may outline eligibility requirements, methods of entry, prize details, and data handling practices. If a Sweepstakes is conducted with a third-party partner, certain information (such as entry details and contact information) may be shared with or collected by that partner to facilitate the promotion. For more details on how we handle your data, including information shared with third parties, please review the specific Sweepstakes terms and conditions and/or our Privacy Policy.
2. INTELLECTUAL PROPERTY
A. Ownership. Our Services and all associated content, including the names and logos of Kluge Interactive, Synth Riders, and Final Fury and other associated trademarks are the exclusive property of Kluge Interactive or our licensors. “Content” includes games, applications, DLC, virtual items, physical merchandise, text, forum posts, chat messages, music, sound, pictures, videos, graphics, audiovisual works, designs, characters, icons, upgrades, links, features, and any other materials or assets we provide. Certain materials may be licensed from third parties, who retain all rights in their respective materials.
B. License Grant For Our Services. Subject to your compliance with these Terms, we grant you a non-exclusive, revocable, non-transferable, personal license to access and use our Services for personal, non-commercial purposes. This license does not grant you the right to: (i) create derivative works or modifications of our Services; (ii) redistribute or resell our Services or Content; or (iii) use our Services or Content for commercial purposes, including public performances, competitions, or promotions, without prior written consent.
We reserve the right to revoke this license immediately in the event of a material breach of these Terms. Upon termination, you must cease all use of the Services and destroy any copies of Content in your possession.
C. Press Kit Uses. “Assets” refers to official press kit materials provided for promotional purposes, including logos, screenshots, trailers, and other branded content related to our games and studio. We may make Assets available to users, press, and content creators for the sole purpose of non-commercial coverage, promotion, or discussion of Kluge Interactive and its titles. By using these Assets, you agree to the following conditions: (i) Assets may only be used for coverage, promotion, or discussion directly related to us or our games; (ii) all uses must include the following attribution: “© Kluge Interactive. All Rights Reserved. Used with permission.”; (iii) logos and trademarks must not be altered, recolored, cropped, or overlaid with additional elements, except for proportional resizing; and (iv) licensed music or third-party content contained within the Assets may not be extracted, reused, or repurposed in any other project without prior written approval. Unauthorized use of Assets constitutes a material breach of these Terms. We reserve the right to revoke permission and pursue legal remedies for violations.
D. Artificial Intelligence Restrictions. You acknowledge and agree that all proprietary Content, including gameplay elements, code, audiovisual works, and any user interactions facilitated by our Services, is the exclusive property of Kluge Interactive or its licensors. You are prohibited from: (i) using, reproducing, or modifying proprietary Content to train, test, or enhance artificial intelligence (“AI”) or machine learning (“ML”) models; (ii) incorporating proprietary Content into datasets, training models, or algorithms, whether for commercial or non-commercial purposes; or (iii) scraping or harvesting data from the Services for use in AI/ML applications, except where expressly authorized by applicable law or prior written consent from us. Violations of this provision constitute a material breach of these Terms and may result in immediate termination of your access to the Services, as well as legal action to protect our rights. This restriction does not prohibit the use of analytics or diagnostic tools necessary to support user experience, performance testing, or legitimate game development activities authorized by Kluge.
E. External Contributions Policy. We welcome your suggestions and feedback submitted through official channels. However, by providing us with suggestions, feedback, or other submissions (“Contributions”), you agree that: (i) contributions must not include copyrighted, proprietary, or otherwise protected materials unless you own the rights to share them or have obtained the necessary permissions; (ii) you grant us a worldwide, perpetual, irrevocable, non-exclusive license to use, reproduce, distribute, modify, and publicly display your Contributions for any purpose without compensation; and (iii) you indemnify us against any claims arising from your Contributions. This license does not obligate us to use or credit your Contributions. We disclaim liability for unauthorized or unlawful materials submitted by users.
3. DATA COLLECTION
Your access to and use of our Services, including but not limited to our games, are subject to the Kluge Interactive Privacy Policy, available at https://klugeinteractive.com/privacy-policy/. The Privacy Policy governs how we collect, use, and share your personal data. By using our Services, you acknowledge and agree to the practices described in the Privacy Policy. This section provides an overview of key data collection practices, including specific considerations for certain features or platforms.
A. General Data Collection. We may collect and process personal data to facilitate the use of our Services, improve performance, and enhance user experiences. This data may include account information, device information, usage statistics, and other technical data necessary to operate and optimize our Services. Refer to the Privacy Policy for detailed information on the categories of data collected, purposes of processing, and retention policies.
B. Feature-Specific Data. Certain features of our Services may require additional data collection to enable core functionality or enhance the user experience. Examples include:
C. Voice Communication. Some Services may include optional voice chat or communication features powered by third-party providers. By enabling voice communication, you consent to the processing of audio data as required for the feature. Kluge Interactive does not store or monitor voice communications. Users can disable voice chat at any time, and parents are encouraged to restrict or monitor this feature for younger users. Misuse of voice communication features may result in enforcement actions as outlined in the Code of Conduct.
D. Third-Party Platforms & Integrations. Certain features of our Services may integrate with third-party platforms, including but not limited to hardware providers, app stores, or multiplayer networks. These platforms operate under their own terms and privacy policies, which govern the collection and processing of data independent of Kluge Interactive. We are not responsible for the practices of third-party platforms. Please review their terms and privacy policies to understand how your data is handled.
E. User Responsibility & Parental Guidance. You are responsible for ensuring compliance with applicable data protection laws and maintaining a safe environment when using our Services. This includes monitoring features such as voice chat, motion tracking, or sharing gameplay data. Parents or guardians must supervise minors’ use of our Services and employ parental controls where necessary to restrict access to features unsuitable for children.
F. Data Retention & User Rights. We retain data collected during your use of our Services only as long as necessary to fulfill the purposes outlined in our Privacy Policy or to comply with legal obligations. Players have the right to request access to, correction of, or deletion of their personal data in accordance with applicable privacy laws. Such requests can be directed to [email protected]. Users may not submit fraudulent, excessive, or bad-faith data subject requests to disrupt Kluge Interactive’s business, burden operational resources, or harass employees. Repeated or malicious misuse of regulatory mechanisms may result in restrictions on future requests, termination of access, and, where applicable, legal action.
4. RESTRICTIONS & CODE OF CONDUCT
A. Applicability. The following restrictions on use and Code of Conduct apply to your use of our Services, as well as communications and interactions with Kluge Interactive employees, agents, and contractors, including members of our customer support, engineering, security, and community teams.
B. Restrictions on Use. Unless explicitly authorized otherwise by Kluge Interactive, your use of the Services is subject to the following restrictions:
C. Code of Conduct. We are committed to maintaining a fair, respectful, and safe environment across all our Services, including in-game interactions, player communities, forums, Discord, and social media platforms. You agree to abide by the applicable Code of Conduct for the game or platform you are engaging with, including but not limited to the Synth Riders Code of Conduct and the Final Fury Code of Conduct. By accessing or using our Services, you agree to:
The examples of prohibited behavior above are not exhaustive. Kluge Interactive reserves the right to investigate and take appropriate enforcement actions, in its sole discretion, for any conduct that disrupts the experience of others, violates community expectations, or poses risk to the safety or integrity of our Services.
Violations of these guidelines may result in enforcement actions, including content removal, restriction or removal of access to specific Services features, temporary suspensions, permanent bans, or other appropriate measures. Enforcement actions may vary based on the severity of the violation, the platform where it occurred, and any prior offenses. Additional rules may apply on third-party platforms (e.g., Discord, social media), where enforcement is subject to their respective terms and moderation policies.
D. User Disputes. We do not control or endorse the materials shared by other users through our Services. You may encounter materials that are offensive, harmful, inaccurate, or deceptive. Please exercise caution, discretion, and good judgement when interacting with others. You are solely responsible for your interactions with others, and we assume no liability for any conduct, statements, or content shared by users. In the event of a dispute between you and another user, you agree to release Kluge Interactive, including its officers, directors, agents, subsidiaries, and employees, from any and all claims, demands, and damages (actual, special, statutory, and consequential) of every kind and nature, whether known or unknown, suspected or unsuspected, arising out of or relating to such disputes. While we may, at our discretion, review or moderate disputes between users, we have no obligation to do so and assume no responsibility for resolving user conflicts.
You acknowledge that you have read and understand California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor does not know or suspect to exist in their favor at the time of executing the release, which, if known by them, must have materially affected their settlement with the debtor.” By agreeing to these Terms, you expressly waive any rights under Section 1542 (and similar laws in other jurisdictions) and affirm that this release is intended to be as broad and inclusive as permitted by law.
E. Reporting Violations. Users may report violations of these Terms or supplemental agreements using in-service tools or by contacting official support channels at [email protected]. Reports must be specific and include details such as timestamps, screenshots, or other relevant evidence to assist in the investigation. Examples of reportable behaviors include (i) offensive or inappropriate player names, room names, or avatars; (ii) instances of harassment, hate speech, or other misconduct; and (iii) exploiting game mechanics or cheating. Malicious or knowingly false reports are prohibited and may result in penalties for the reporting party.
F. Prohibited Abuse of Legal & Platform Mechanisms. Users may not weaponize legal, regulatory, or platform-based mechanisms, including but not limited to DMCA notices, data subject requests, or content moderation tools, to harass, intimidate, or disrupt Kluge Interactive, its employees, affiliated creators, or community members. Encouraging, coordinating, or otherwise inducing others to engage in such conduct is equally prohibited. Engaging in knowingly false, misleading, or bad-faith claims under such mechanisms constitutes a material breach of these Terms and may result in account termination, legal action, or other enforcement measures.
G. Moderation and Investigation Process. Reports are reviewed by moderators or support teams, who take appropriate actions based on the nature and severity of the violation. Actions may include: (i) issuing warnings for minor infractions or unintentional violations; (ii) temporarily restricting access to features or Services for more serious infractions; and / or (iii) escalating severe or complex cases to Kluge Interactive’s Support team for further investigation. Kluge Interactive reserves the right to take immediate enforcement action without prior warning where a user’s actions present a security risk, account integrity concern, or direct harm to the community. This includes, but is not limited to:
The examples above are illustrative and not intended to limit the scope of enforcement. Kluge Interactive reserves the right to take any enforcement action it deems appropriate, in its sole discretion, based on the context, severity, or potential impact of a violation, even if the specific conduct is not expressly listed here.
For these cases, enforcement actions may include immediate suspension, removal from community platforms, or permanent bans, with internal moderation logs maintained for recordkeeping. While all enforcement actions are subject to internal review to ensure fairness, certain actions, particularly those related to security or safety, may be reviewed post-enforcement to prevent delays in risk mitigation. Users may request clarification or appeal enforcement actions through official support channels, except in cases involving verified security threats.
H. Zero-Tolerance Behaviors. Certain behaviors result in immediate and severe enforcement actions, including permanent bans, with no prior warning. These include, but are not limited to:
Zero-tolerance violations are enforced upon confirmation through corroborating evidence, moderator observation, or verified witness accounts. Kluge Interactive reserves the right to apply additional enforcement actions beyond platform removal, including reporting violations to law enforcement where appropriate.
5. ENFORCEMENT
We are committed to ensuring compliance with these Terms and maintaining a safe and respectful environment across our Services, including our websites, games, forums, and other platforms. Violations of these Terms, related policies, or supplemental codes of conduct may result in enforcement actions as determined by us in our sole discretion. For gameplay-specific rules, licensing, and content conduct, the applicable End User License Agreement (EULA) and Code of Conduct shall govern in addition to these Terms.
A. Framework for Enforcement. The enforcement actions outlined in these Terms represent the minimum standard applied across all Services. Supplemental agreements, such as the End-User License Agreement (EULA) or the individual Codes of Conduct for each game and community, may establish additional or more specific enforcement standards for certain features or environments. Supplemental agreements may impose additional or more specific enforcement rules. In the event of overlap, the EULA and applicable Code of Conduct shall control for gameplay and community interactions, while these Terms apply generally to all Services.
B. Enforcement Actions. Violations may result in actions that include but are not limited to:
Repeat violations of these Terms, including but not limited to abuse of legal mechanisms, harassment, or intellectual property infringement, will result in escalating enforcement actions up to and including legal proceedings against the offending party. Kluge Interactive reserves the right to seek damages for harm caused by repeated violations, including direct costs, reputational harm, and disruption to business operations.
C. Procedural Standards. Enforcement decisions are made based on available evidence, the severity of the violation, and the user’s history of prior violations. Moderators and Support teams are authorized to investigate and apply penalties proportionate to the offense.
D. Ban Evasion. Attempts to circumvent bans or restrictions, including through alternate accounts or other means, are strictly prohibited and may result in escalated penalties.
E. Appeals. Appeals of enforcement actions must be submitted within fourteen (14) days of the penalty notification. Kluge Interactive reserves sole discretion in reviewing appeals. Repeated, excessive, or bad-faith appeals may result in further restrictions, including limitations on submitting future appeals. Decisions on final enforcement actions are binding. Attempts to circumvent bans, such as creating new accounts, will result in further penalties.
F. Coordination with Supplemental Agreements. In addition to the standards set forth in these Terms, supplemental agreements such as the Code of Conduct may impose additional enforcement requirements or higher standards for specific features or environments. In such cases, the supplemental agreement will apply, provided it does not conflict with these Terms.
G. Disclosure to Authorities. We may disclose personal data to law enforcement or regulatory bodies in accordance with our Privacy Policy if a violation presents a credible threat to safety, involves unlawful activity, or necessitates legal compliance.
H. Liability Disclaimer. Kluge Interactive disclaims liability for any user violations of these Terms or supplemental agreements, including unauthorized conduct or content outside of our reasonable control.
6. USER GENERATED CONTENT
A. User Generated Content. “User Generated Content” (“UGC”) means any digital content or communications related to our Services, including press kit assets, text, posts, in-game interactions, images, audio, video, mods, streams, and other materials shared on or outside our Services. UGC must either originate from, or reference, our Services, trademarks, or intellectual property. By creating or sharing UGC, you agree to comply with these Terms, the Code of Conduct, and all applicable laws, including copyright and trademark regulations. You further agree not to use UGC to misrepresent affiliation with or endorsement by Kluge Interactive and acknowledge that you are fully responsible for ensuring you have the necessary rights and permissions to share such content.
B. License Grant to You. We grant you a limited, revocable, royalty-free, non-transferable license to use our Services, including related copyrights and trademarks, for the purpose of creating, sharing, and distributing UGC for non-commercial purposes. This license automatically terminates upon termination of your Account or these Terms.
C. License Grant To Us. By sharing UGC through or in connection with our Services, you grant us a perpetual, worldwide, royalty-free, transferable, sub-licensable license to use, modify, distribute, display, and create derivative works of your UGC for any purpose, commercial or non-commercial, without compensation to you. Please note that you retain ownership of any original content you create and share, subject to the rights granted herein.
D. Mods. Mods are considered UGC and must comply with these Terms, to include our Code of Conduct, and any applicable platform or site-specific policies. Please note that private, non-commercial modding solely for personal use is generally permitted unless expressly restricted. Public distribution or monetization of mods requires prior written approval. Mods must not introduce malicious software, exploit vulnerabilities, or circumvent security measures. Mods that violate intellectual property rights, including the unauthorized use of copyrighted music, assets, or other protected content, are strictly prohibited. Mods may not be monetized unless explicitly authorized by us. Any commercial use of mods, including paywalls, donations tied to mod access, or paid modifications, require prior written approval. Failure to comply with these guidelines may result in enforcement actions, including content removal, suspension, or permanent bans, at our sole discretion.
E. Streams and Social Content. Streams, recorded videos, and other social media content related to our Services are considered UGC and must adhere to these Terms, our Code of Conduct, and the policies of the platforms on which they are shared. Streams must comply with all applicable laws and avoid content that is inappropriate, infringing, or otherwise unlawful. The creation, distribution, streaming, or uploading of custom songs or other unauthorized modifications that infringe on intellectual property rights is strictly prohibited. Any such content shared on external platforms, including but not limited to YouTube, TikTok, and Twitch, may be subject to takedown requests, account penalties, or legal action. Standard platform monetization tools, such as ad revenue or subscriptions, are permitted for streams and videos, but additional monetization, including sponsorships or paid access, requires our prior written authorization. Streamers and content creators must clearly indicate that their content is user-generated and not officially affiliated with or endorsed by Kluge Interactive. Failure to comply with these guidelines may result in enforcement actions, including content removal, suspension, or permanent bans, at our sole discretion.
F. Compliance & Indemnification. As the creator and distributor of UGC, you are solely responsible for ensuring that your content does not infringe on the rights of others, violate these Terms, or cause harm. This responsibility extends to UGC shared on external platforms, such as Twitch, YouTube, or unaffiliated modding sites. By sharing UGC, you agree to indemnify Kluge Interactive and its affiliates against any claims, damages, or expenses arising from your content or its use, regardless of where it is distributed.
G. Moderation & Enforcement. We reserve the right to monitor, moderate, modify, remove, or report any UGC that, in its sole discretion, violates these Terms, our Code of Conduct, or applicable laws. This includes mods, streams, and any other forms of UGC, whether shared within our Services or on external platforms. Enforcement actions, such as warnings, suspensions, or bans, may be taken at our sole discretion to preserve the safety and integrity of our Services. Kluge Interactive may, in its sole discretion, revoke your license to use Services or associated content, including Virtual Items, if your UGC or modding activity violates these Terms, the EULA, or Code of Conduct.
H. Morality Clause. All UGC, including mods and streams, must comply with ethical standards. This includes refraining from promoting illegal activities, using cheats or exploits, and respecting intellectual property rights. Violations of these standards, whether occurring within or outside of our Services, may result in enforcement actions, up to and including termination of your access to our Services.
I. Public Areas & Privacy. Public forums, blogs, streaming platforms, and other spaces provided through or in connection with our Services are publicly accessible. You acknowledge that information shared in these spaces is subject to the respective platform’s terms and that we are not responsible for unsolicited communications or misuse of your content on external platforms. To protect your privacy, we advise against sharing personal information in public spaces.
J. UGC Use & Assumption of Risk. By choosing to access, install, or use any User Generated Content, including mods, custom stages, or songs, you acknowledge and accept that such content may originate from third-party sources not affiliated with or reviewed by Kluge Interactive. You assume all risks associated with the download, installation, or use of such content, including any potential loss of data, device damage, or security breaches. Kluge Interactive disclaims all liability arising from your use of UGC not developed or distributed directly by us.
7. VIRTUAL ITEMS
When using our Services, you may acquire (purchase or otherwise receive) items including digital content, virtual currency, virtual goods, and DLC (“Virtual Items”) to enhance your experience. By acquiring and using these Virtual Items, you agree to the following:
A. No Ownership. Virtual Items do not represent ownership. You are granted a non-exclusive, revocable, non-transferable license to use Virtual Items solely within the Services, subject to these Terms and any applicable supplemental agreements.
B. Non-Refundable Purchases. Purchases of Virtual Items are non-refundable, except as required by applicable law or as expressly stated in the respective game’s documentation (e.g., EULA).
C. No Monetary Value. Virtual Items have no inherent monetary value and cannot be exchanged for real money, goods, or services from us or others. They are non-transferable, and we reserve the right to modify, regulate, or remove Virtual Items at any time without liability.
D. Use & Technical Issues. Virtual Items may only be used as intended within the Services. Once Virtual Items are spent or consumed, you lose any associated rights. If technical issues affect Virtual Items, please contact support as stated in the respective game’s documentation.
E. Effect of Termination. Upon termination of your access to the Services, you forfeit all rights to Virtual Items. Refunds or reimbursements will not be provided unless required by applicable law or explicitly stated in the respective game’s documentation.
8. PHYSICAL MERCHANDISE
You may acquire (purchase or otherwise receive) physical merchandise (“Physical Merchandise”) through our Services or third-party partners. Physical merchandise purchases are subject to the following terms:
A. Third-Party Purchase Terms. If you purchase Physical Merchandise through third-party partners, their respective terms, policies, and procedures govern your transaction, including refunds, returns, and customer service inquiries. We are not responsible for resolving disputes, processing returns, or issuing refunds for transactions completed with third-party partners.
B. Free On Board Shipping. All physical merchandise is shipped under “Free on Board” (“FOB”) terms. This means the risk of loss transfers to you upon shipment from our facility. Ownership of the merchandise is deemed to transfer at the point of shipment.
C. International Orders. Customers outside the United States are responsible for any applicable import duties, taxes, or fees associated with their orders.
D. Defective Merchandise Returns. For Physical Merchandise purchased directly from Kluge Interactive, you may return defective items within thirty (30) days of receipt with proof of purchase. Return shipping costs are your responsibility. Additional instructions and policies will be provided with your order. Upon receipt of any returned merchandise, we may, at our discretion, either repair or replace the returned item(s) or refund the purchase price to the original method of payment. Returns are accepted only if initiated within the 30-day window and made by the original purchaser.
E. Notification of Delays. In the event of a delay in delivery of Physical Merchandise or availability of digital goods for download or use, we will notify you via email with an updated estimated availability date. If the delay exceeds thirty (30) days beyond the estimated availability date, you may cancel the order and request a full refund.
9. TERMINATION
A. Agreement Effectiveness. These Terms become effective when you affirmatively accept them by downloading, installing, accessing, or using our Services. Continued use of our Services following notification of material updates constitutes acceptance of the revised Terms. If you do not agree to updated Terms, you must cease all use of our Services and may terminate as described below.
B. Termination by You. You may terminate this Agreement at any time by deleting and removing all copies of our Services and Content from your devices, and destroying any physical or electronic backups in your possession. Termination does not affect any rights or obligations that accrued prior to termination. We reserve the right to verify your compliance with these requirements. If you fail to fully delete the Services or related Content, these Terms may continue to apply. You may request deletion of your account and personal information through the process outlined in our Privacy Policy. While we will make reasonable efforts to remove your data, some deletions require manual processing and may not be immediate. Certain data may be retained as required by law or for legitimate business purposes, including security, fraud prevention, and recordkeeping. Deletion of your account does not affect data that has been anonymized or aggregated. Continued access to our Services after termination may subject you to ongoing obligations under these Terms.
C. Termination by Us. WWe may terminate this Agreement immediately and without notice in cases of material breach that threaten the security, integrity, or lawful operation of our Services. This includes, but is not limited to: (i) unauthorized distribution, modification, or reverse engineering of our Services; (ii) violations of the Code of Conduct or applicable law in connection with our Services; or (iii) circumvention of technical restrictions or security features, such as anti-cheat mechanisms.
For other material breaches, we will provide written notice and a fourteen (14) day opportunity to remedy the breach before termination. Upon termination, you must immediately cease all use of our Services, delete all copies, and confirm compliance upon request. Failure to comply may result in legal action or further enforcement measures. In the event of a merger, acquisition, or similar transaction involving Kluge Interactive, your account and data may be transferred to the successor entity. You will be notified prior to such a transfer and provided the opportunity to manage or delete your account.
D. Termination for Inactivity or Ineligibility. We reserve the right to deactivate or delete accounts that remain inactive for twenty-four (24) consecutive months. We will make reasonable efforts to notify you prior to account deletion. These Terms also terminate automatically if you become legally ineligible to use our Services.
E. Effect of Termination. Upon termination, you are prohibited from: (i) accessing or attempting to access our Services; (ii) retaining, sharing, or distributing any copies of our Services or Content; or (iii) circumventing any technical restrictions we implement to enforce termination. All rights granted to you under these Terms, including access to in-game purchases, virtual currency, items, or features, will immediately cease without refund or compensation. Any progress, purchases, or data associated with your use of the Services may be permanently lost. We are not liable for any resulting damage or loss. Termination does not affect Kluge Interactive’s rights to use, display, distribute, or retain UGC submitted prior to termination, except as required by law. You remain solely responsible for any UGC shared before termination and may not withdraw rights previously granted under these Terms. All purchases of virtual currency, in-game items, or premium content are final and non-refundable, including upon termination of this Agreement. Kluge Interactive is not responsible for any loss of access, content, or progress following termination, whether voluntary or involuntary. Accounts terminated due to cheating, exploitation, or security violations will result in the permanent loss of any associated progress or Virtual Items, without refund.
10. INDEMNIFICATION
A. Scope. You agree to defend, indemnify, and hold harmless Kluge Interactive, its affiliates, and its third-party developers and partners, including their respective employees, contractors, officers, directors, and agents, from any liabilities, claims, damages, losses, or expenses (including reasonable attorney’s fees) arising out of or in connection with: (i) your breach of these Terms or any applicable law or regulation; (ii) any content or information you provide that infringes or violates the rights of a third party; (iii) your use or misuse of our Services; and / or (iv) your unlawful acts or omissions. Nothing herein shall be construed as requiring indemnification for liabilities arising directly from Kluge Interactive’s gross negligence, fraud, or intentional misconduct.
B. Defense & Control. We and our affiliates, third-party developers, and partners reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate fully with us in asserting any available defenses.
C. Liability for Fraudulent or Bad-Faith Actions. Any fraudulent, bad-faith, or knowingly false legal claims, regulatory requests, or enforcement complaints filed against Kluge Interactive or its affiliates may result in legal action. Kluge Interactive reserves the right to seek reimbursement for any resulting damages, including direct costs, reputational harm, and legal fees incurred in defending against such actions.
D. Third-Party Costs. You are solely responsible for any third-party costs incurred while using our Services, except where such costs are directly caused by Kluge Interactive’s breach of these Terms.
11. LIMITED WARRANTY & LIABILITY
A. Warranty Disclaimer. Kluge Interactive, our affiliates, third-party developers, and partners, provide our Services “AS IS” and on an “AS AVAILABLE” basis. We make no express warranties or guarantees about our Services. TO THE GREATEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FIT FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, OR UNINTERRUPTED.
B. Limitation of Liability. Kluge Interactive, our affiliates, third-party developers, and partners are not liable for any damages from using or being unable to use our Services. THIS LIMITATION INCLUDES DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). This includes damage to devices, except in cases of fraud, death, or personal injury caused by our negligence. If our Services damages your device due to our lack of reasonable care, we may compensate you or repair your device. OUR MAXIMUM LIABILITY AND YOUR SOLE EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
C. Statutory Consumer Rights. Nothing in these Terms shall limit your statutory consumer rights.
D. Data Backups. You should backup to another secure location, on a regular basis, any data files concerning your use of our Services as we accept no liability for lost or corrupted data.
12. DISPUTE RESOLUTION
A. Informal Resolution. Before initiating formal proceedings, you and Kluge Interactive agree to attempt resolving disputes informally. To initiate this process, you must send a written notice to [email protected] detailing (i) your name, address, and contact information; (ii) the nature of the dispute, with supporting facts; (iii) the relief sought. We will respond within fifteen (15) business days of receipt. Both parties agree to engage in good faith negotiations for a period of sixty (60) days. If the dispute remains unresolved, formal proceedings may be initiated.
B. Arbitration Agreement. Any claim, dispute, or controversy arising out of or relating to these Terms, our Services, or any related services shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted remotely unless both parties agree to an alternative arrangement. The following claims are excluded from arbitration: (i) claims seeking injunctive or other equitable relief to protect intellectual property rights; and (ii) statutory claims that are not subject to mandatory arbitration under applicable law. Each party shall bear its own legal fees and costs unless the arbitrator determines otherwise in accordance with the applicable arbitration rules. The arbitrator shall have the exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of these Terms, including the validity of the class action waiver outlined below.
C. Class Action Waiver. All disputes must be resolved on an individual basis. BY AGREEING TO ARBITRATION, YOU WAIVE THE RIGHT TO BRING OR PARTICIPATE IN CLASS ACTIONS, COLLECTIVE ARBITRATIONS, OR REPRESENTATIVE ACTIONS. This waiver is a material part of these Terms and is intended to provide a more efficient resolution process for both parties.
D. Governing Law & Venue. If arbitration is found to be unenforceable or inapplicable, any disputes shall be brought exclusively in the state or federal courts located in Los Angeles County, California. These Terms shall be governed by the laws of the State of California and applicable federal laws of the United States, without regard to its conflict of law principles. However, residents of jurisdictions where such provisions are prohibited may bring claims in their local courts as required by applicable law.
E. International Users. For users residing outside the United States, these Terms shall be governed by the laws of your jurisdiction to the extent required by local consumer protection laws. Disputes involving international users may be resolved via arbitration under internationally recognized standards, such as the International Chamber of Commerce (ICC) Arbitration Rules, unless prohibited by local laws.
13. DMCA
A. Infringement Notices. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including “fair use.”
We respond to notices of copyright infringement that meet the requirements of the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (the “DMCA”). If you believe that any Content, UGC, or other aspect of our Services constitutes copyright infringement or misappropriation of your trademark, please submit a notice of alleged infringement to our designated agent with the following written information: (i) identification of the copyrighted work you claim is infringed; (ii) identification of the material you claim is infringing and its location within our Services; (iii) your contact information, including an email address; (iv) a statement affirming your good faith belief that the use is unauthorized; and (v) a declaration, under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the copyright owner
.
Our designated agent contact information is:
By mail:
ATTN: DMCA Agent
Kluge Interactive, Inc.
4751 La Villa Marina, Unit K
Marina del Rey, CA 90292
By email: [email protected]
Please note that under the DMCA, you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material. Users may not submit fraudulent, retaliatory, or bad-faith DMCA takedown notices or counter-notices. Abuse of copyright enforcement mechanisms for personal disputes, competitive interference, or harassment constitutes a material breach of these Terms and may result in legal action.
B. Repeat Infringer Policy. If you repeatedly violate these Terms, for instance by infringing our intellectual property rights, our Code of Conduct, or the rights of third-parties, we reserve the right to take adverse action against you including, without limitation: (i) suspending your access to some or all of our Services; (ii) disabling your Account; (iii) barring you from creating an Account or accessing our Services in the future; or (iv) taking appropriate legal action to enforce these Terms or our other rights under applicable law.
14. MISCELLANEOUS
A. Complete Agreement. These Terms and any supplemental terms, policies, rules and guidelines posted on our Services constitute the entire agreement between you and us and supersedes all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
B. Non-Transferability. These Terms are personal to you, and you are not permitted to assign, sub-license, transfer, or dispose of your rights or obligations under these Terms.
C. Export Restrictions. YYou agree to comply with all applicable export and import laws, restrictions, and regulations of the United States or any foreign nation. You will not export, re-export, or import our Services or their documentation in violation of any such restrictions, laws, or regulations, and will not transfer our Services or their documentation to any foreign national or destination prohibited by such laws without obtaining and complying with requisite government authorization.
D. Controlling Language. The original language of these Terms is English even if it may be available in other languages. By selecting “I Agree”, “Accept,” “Agree/Continue,” “OK,” through any acknowledgement method, you confirm that you have reviewed and accepted the terms of these Terms. If you cannot access these Terms in full, you must exit our Services and refrain from use until you have done so. The English version of these Terms controls any dispute between you and us arising from or related to these Terms and can be accessed at https://klugeinteractive.com/terms.
E. Changes. We reserve the right to make changes to these Terms and our policies at any time. Significant changes will be communicated through our Services or, with your consent, via email. By providing your email during registration or through our affiliates, you agree that we may send you notices and other information concerning our Services electronically. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you may terminate your use of the Services without any additional charges to us, though you remain liable for any unpaid amounts due to third-party providers. We recommend reviewing these Terms regularly to stay informed of any updates.
F. Legal Effect. These Terms are governed by and interpreted in accordance with the laws of the State of California, excluding its conflict-of-law principles. In the event of a conflict between these Terms and the mandatory consumer protection laws in your jurisdiction, the latter will take precedence. However, all other provisions of these Terms will remain enforceable to the fullest extent permitted.
G. No Waiver. Our failure to enforce a provision of these Terms shall not be construed as a waiver of such provision, or diminishment of any right to enforce such provisions. Further, we may choose to waive enforcement of a provision of these Terms in any instance; however, you are still obligated to comply with that waived provision in the future.
H. Force Majeure. No party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party, including, war, terrorism, acts of public enemies, strikes or other labor disturbances, zombie apocalypse, power failures, fires, floods, earthquakes, acts of God, and other natural disasters.
I. Remedies. You acknowledge that violation of these Terms may result in harm to us that is difficult to quantify, entitling us to seek appropriate relief, including injunctive relief, without the necessity of proving actual damages, in addition to all other remedies available under applicable law.
J. Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.
K. Survival. Any provisions of these Terms that by their nature should survive termination shall survive.
L. Contact Us. If you provide us with your email address for any purpose, you agree to receive all notices and communications (“Notices”) from us in electronic form at such email address. Delivery of any Notice from us is effective when sent to your email address, regardless of whether you receive or read the Notice. You agree to send us all legal notices, including notices of dispute and/or notices of infringement, to the address below.
For issues regarding customer support, please contact our support team as follows:
By mail:
ATTN: Synth Riders Customer Support
Kluge Interactive, Inc.
4751 La Villa Marina, Unit K
Marina del Rey, CA 90292
By email: [email protected]
Acceptance by Clickwrap. By selecting “I Agree,” “Accept,” “Agree/Continue,” “OK,” or any other localized equivalent, or by otherwise downloading, installing, accessing, or using our Services, you confirm that you have read, understood, and agree to be legally bound by these Terms and any incorporated policies (including our Privacy Policy, applicable EULAs, and Codes of Conduct). If you do not agree to these Terms, you may not use or access our Services
Last Updated: May 9, 2025
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