Terms of Service
Welcome to DarkSurvivor (the "Game"). The Game is provided by gamer.sarl ("we", "us"). By accessing or playing the Game you confirm that you have read, understood and agree to these Terms. If you do not agree with any part of them, please do not use the Game.
How we handle your personal data is described in our Privacy Policy, which forms part of these Terms.
01The service and definitions
- "Game": the DarkSurvivor browser game we operate, including its website, game content and related services.
- "Virtual items": all virtual content in the Game, such as coins, gems, tickets, heroes, equipment, legendary items and upgrades.
- "Gems": the virtual currency that can be bought with real money and spent in the legendary shop.
02Accounts
- Guest play: you can play without an account. Guest progress is stored only in your current browser; if you clear your browsing data or change device, it is lost and cannot be recovered. Guest progress does not carry over to an account, and guests cannot buy gems.
- Accounts: an account (player name and password) keeps your progress on our servers so you can continue on any device. Adding a recovery email is optional.
- Age: if you are under 18, or under the age of majority where you live, you may use the Game only after a parent or legal guardian has read and agreed to these Terms, and purchases must be made with their consent.
- Security: keep your password safe. You are responsible for anything done through your account.
- Player names: your player name must not be offensive, infringe anyone's rights or impersonate someone else. We may change or remove names that break this rule.
03Virtual items and gems
- A licence, not ownership: virtual items are a limited, revocable, non-transferable right to use them inside the Game. They are not your property.
- No cash value: virtual items and gems have no real-world value. They cannot be exchanged for money or anything of real value, and they cannot be sold or transferred outside the Game or to another account.
- Balance changes: to keep the Game fair and balanced we may change how virtual items are obtained, their stats, prices and effects. Items already delivered to your account are not taken back because of a catalogue change.
- Account deletion: if you delete your account, any gems and virtual items left on it are lost and are not refunded.
04Payments
- Merchant of Record: payments in the Game are processed by Lemon Squeezy, LLC as Merchant of Record. For billing, taxes, refunds and chargebacks your contract is with Lemon Squeezy and its buyer terms apply; we remain responsible to you for the Game content and support.
- Taxes: the price at checkout may include taxes (such as VAT or GST) according to the law where you live, as shown on the checkout page.
- Delivery: after payment, the gems shown at the time of purchase are added to your account. Payment confirmation is asynchronous and usually takes from a few seconds to a few minutes.
- One-time purchases: gem packs are one-time purchases. There are no subscriptions and nothing renews automatically.
- Prices: we may change the prices and contents of gem packs. Changes do not affect purchases already completed.
05Refund policy
- Digital content: gems are digital content that is delivered to your account immediately, so purchases are generally not refundable. Before paying you must tick a box agreeing to immediate delivery and acknowledging that you therefore lose any statutory right of withdrawal (14 days in the EU) or cooling-off period (7 days in Taiwan), where applicable.
- Exceptions: if you were charged twice, paid but did not receive your gems, or could not use what you bought because of a technical fault in the Game, write to contact@gamer.sarl within 14 days of the purchase. If confirmed, we will help with a refund or deliver the missing gems.
- Mandatory rights: nothing in this policy limits consumer rights that cannot be waived under the law where you live. Refunds are carried out through Lemon Squeezy's refund process.
06Refunds, chargebacks and abuse
- When a payment is refunded or charged back, the gems from that payment are removed from your account. If they have already been spent, your gem balance may become negative.
- An account with a refunded or disputed payment is frozen: it cannot start or finish runs, change its save or make purchases until the matter is resolved. We may close accounts that file chargebacks in bad faith.
07Rules of play
- Do not use cheats, scripts, bots or any tool that automates play, modifies the Game or tampers with its requests to our servers.
- Do not exploit bugs for your own benefit; please report them to us instead.
- Do not use multiple accounts to abuse rewards or the shop.
- If you break these rules we may remove any benefit obtained, and freeze or close the account without refunding any payment.
08Intellectual property
The Game and its content belong to us or to our licensors. Some art comes from Flare and is used under the CC-BY-SA 3.0 licence; the fonts are used under the SIL Open Font License; the 3D engine is Three.js (MIT). Nothing in these Terms gives you any rights in the Game other than the right to play it.
09Changes, suspension and shutdown
- We may add, change or remove game content and features at any time.
- We may suspend the service for maintenance, faults or reasons beyond our control.
- If the Game is permanently shut down, we will announce it at least 30 days in advance. Virtual items expire when the Game shuts down and are not compensated, unless the mandatory law where you live says otherwise.
10Disclaimer and limitation of liability
- The Game is provided "as is". We do not guarantee that it will be uninterrupted or free of errors.
- To the maximum extent permitted by law, we are not liable for indirect, incidental or consequential damages. Our total liability to you is limited to the amount you actually paid for the Game in the 12 months before the damage occurred, or USD 10 if you have not paid anything.
11Changes to these Terms
We may update these Terms at any time and will announce material changes on the website or in the Game. If you keep using the Game after a change takes effect, you accept the new Terms.
12Governing law and jurisdiction
These Terms are governed by the laws of Taiwan, and the Taiwan Tainan District Court is the court of first instance. If you are a consumer and the law where you live gives you mandatory rights, those rights are not affected.