Terms of Service

Last Updated: October 25, 2025

Please review these Terms of Service carefully before accessing or using our platform. By using our services, you also agree to our Cookie Policy, End User License Agreement (EULA), and Privacy Policy.

Interpretation and Definitions

Interpretation

The words whose initial letters are capitalized have meanings defined under the following conditions. These definitions apply equally whether they appear in singular or plural form.

Definitions

For the purposes of these Terms and Conditions:

Acknowledgment

These Terms and Conditions (“Terms”) govern Your access to and use of the Service provided by Nurba LLC (“the Company,” “We,” “Us,” or “Our”). By accessing or using the Service, You acknowledge that You have read, understood, and agree to be legally bound by these Terms, as well as the Company’s Privacy Policy. These Terms apply to all users, visitors, and others who access or use the Service, regardless of location.

You represent and warrant that You are at least eighteen (18) years of age, or that You are between thirteen (13) and seventeen (17) years of age and have obtained verifiable consent and supervision from a parent or legal guardian to use the Service. The Company does not knowingly allow individuals under the age of thirteen (13) to access or use the Service. Should it be discovered that a user is under thirteen (13), their access will be immediately restricted or terminated. Users between thirteen (13) and seventeen (17) remain responsible for ensuring compliance with these Terms in conjunction with parental oversight.

Upon termination of Your account, cessation of use, or in the event You request deletion of Your account, the Company will delete all personal data associated with Your account from its systems. Notwithstanding the foregoing, Your Internet Protocol (IP) address and device information may be retained indefinitely solely for purposes of enforcing these Terms, preventing unauthorized access, ensuring platform security, or complying with applicable legal obligations. Retention of such IP and device information does not constitute continued processing of Your personal data for any other purposes, and the Company will take reasonable measures to secure such retained information.

Your continued access to and use of the Service is conditional upon Your acceptance of these Terms, Your compliance with all applicable laws, and Your acknowledgment of the Company’s rights to enforce these Terms using retained IP and device information as described herein.

Accessibility, Device Compatibility, and User Responsibility

Device Requirements and Compatibility

The Company endeavors to ensure that the Service operates correctly on supported devices, including VR headsets, computers, tablets, and other hardware. However, the Service may not function on all devices, operating systems, or third-party platforms. Users are solely responsible for verifying that their hardware and software meet the minimum technical specifications and performance requirements provided by the Company. The Company makes no representations or warranties regarding uninterrupted access, error-free performance, or compatibility with any specific hardware, software, or VR peripherals.

Accessibility Limitations

While the Company aims to provide an inclusive experience, the Service may have inherent limitations regarding accessibility for individuals with vision, hearing, mobility, or other impairments. Users are responsible for determining whether the Service is suitable for their individual needs and health conditions. The Company assumes no liability for any issues arising from accessibility limitations or failure to accommodate user-specific requirements.

Physical Safety and VR/AR Disclaimer

Use of the Service in VR, AR, or mixed reality environments involves inherent physical, neurological, and sensory risks, including but not limited to motion sickness, falls, collisions, or other injuries. You agree to ensure a safe physical environment when using the Service, follow all safety guidelines provided by hardware manufacturers, and exercise caution when engaging with immersive content. The Company disclaims all liability for injuries, accidents, or property damage resulting from your use of the Service or failure to follow safety instructions.

Force Majeure

The Company shall not be liable for any failure or delay in the Service resulting from events beyond its reasonable control, including natural disasters, power outages, internet interruptions, hardware or software failures, platform outages, or other acts of God. Such events do not constitute a breach of these Terms and shall not give rise to liability or obligation for compensation.

User Accounts, Security, and Enforcement

Account Creation and Accuracy

To access certain features of the Service, You may create a user account. By doing so, You agree to provide accurate, current, and complete information, and to promptly update Your information to maintain accuracy. Accounts may be automatically created upon registration or first use of the Service, using identifiers provided by platform services such as Meta or PlayFab.

Account Security and User Responsibility

Prohibited Conduct

By using the Service, You agree not to:

Enforcement and IP/Device Retention

The Company reserves the right to suspend, restrict, or terminate accounts for violations of these Terms or other policies. In such cases, the Company may retain IP addresses, device identifiers, and system metadata solely to enforce bans, prevent circumvention, and comply with legal obligations. This retained information will not be used for any other purpose and will be deleted after a reasonable period, or as required by law.

Purchases, Digital Goods, and Refunds

The Service may allow You to purchase digital content, items, or in-game currencies through the Application or supported platform stores. By making a purchase, You represent that You are authorized to use the selected payment method, and that all payment information is accurate and complete. You acknowledge and agree that all purchases are final and non-refundable, except as required by applicable law or the platform's policies.

The Company does not guarantee uninterrupted access to purchased content, and shall not be liable for losses arising from platform outages, technical errors, or device incompatibility. Users are responsible for ensuring their device meets all technical requirements to access purchased content. Refunds for technical issues may be provided solely at the Company’s discretion or in accordance with applicable local law.

By purchasing content, You agree that the Company is not responsible for loss of access due to account termination, platform restrictions, or violation of these Terms. Users are encouraged to review all relevant policies before making purchases.

Intellectual Property

All content provided through the Service, including but not limited to logos, visual designs, graphics, artwork, audio, video, text, animations, software, user interfaces, and all other materials, as well as all trademarks, service marks, trade names, and logos (collectively, "Content"), are the exclusive property of the Company or its licensors, and are protected by applicable intellectual property laws worldwide.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Service and its Content for personal, non-commercial purposes only. You may not copy, modify, distribute, reproduce, publicly display, create derivative works from, or exploit any part of the Content for commercial purposes without the prior written consent of the Company.

All rights not expressly granted to You are reserved by the Company. Unauthorized use of the Company’s intellectual property may result in account suspension, termination, and legal action.

Termination and Post-Termination Data

The Company may terminate, suspend, or restrict access to the Service immediately, without notice or liability, for any reason, including breach of these Terms, unlawful activity, or conduct deemed harmful to the community. Upon termination, all licenses and permissions granted to You are revoked, and Your right to access the Service ceases immediately.

Post-termination, the Company will delete all personal and account-related data except for IP addresses, device identifiers, and system metadata retained solely to enforce these Terms, prevent circumvention of bans, or fulfill legal obligations. Such retained data shall not be used for other purposes and will be deleted after a reasonable period or as legally required.

Attempting to access the Service after termination may result in further legal action or involvement of platform administrators to enforce compliance.

Limitation of Liability and Disclaimer

The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, express or implied. To the maximum extent permitted by law, the Company disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, non-infringement, and warranties arising from course of performance, usage, or trade.

The Company shall not be liable for any damages arising from Your use, inability to use, or performance of the Service, including but not limited to:

Retention of IP addresses and device identifiers for enforcement purposes does not constitute ongoing use of personal data, and such data will only be used to prevent prohibited access or fulfill legal obligations.

Some jurisdictions do not allow exclusion or limitation of liability; in such cases, the liability shall be limited to the maximum extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You on an “AS IS” and “AS AVAILABLE” basis, with all faults and defects, and without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates, licensors, and service providers, expressly disclaims all warranties—whether express, implied, statutory, or otherwise—with respect to the Service. This includes, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising out of course of dealing, course of performance, usage, or trade practice.

Without limiting the foregoing, the Company provides no warranty or representation that:

By using VR or AR hardware in connection with the Service, You acknowledge that performance and comfort may vary depending on Your device, physical environment, and user health. The Company makes no guarantee regarding the performance, stability, or compatibility of the Service on any particular VR headset or system.

Neither the Company nor any of its affiliates, partners, or service providers shall be liable for any issues arising from third-party hardware or software dependencies, including but not limited to Meta, HTC, Valve, or other VR platform providers.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of consumer rights. In such cases, the exclusions and limitations in this section shall apply only to the maximum extent permitted by applicable law.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States and, where applicable, the laws of the State of California, excluding its conflict of law provisions. You agree that any dispute or claim arising from or relating to these Terms, the Service, or Your use thereof shall be subject to the exclusive jurisdiction of the courts located within California, United States.

Your use of the Application may also be subject to other local, state, national, or international laws, including platform-specific terms of service and community guidelines (such as those of Meta, Steam, or other VR distributors). Compliance with such additional terms is Your responsibility and forms part of Your agreement to these Terms.

You acknowledge and agree that the Company’s failure to enforce any provision of these Terms shall not be construed as a waiver of its rights to do so later. If any provision of these Terms is found to be invalid or unenforceable under applicable law, that provision shall be interpreted to best reflect the parties’ intent, and the remaining provisions shall remain in full force and effect.

Feedback and Suggestions

You may from time to time provide feedback, suggestions, or ideas related to the Service (“Feedback”). By providing Feedback, You acknowledge and agree that:

Dispute Resolution

If You have any concern or dispute arising out of or relating to the Service, these Terms, or Your use of the Application, You agree to first attempt to resolve the dispute informally by contacting the Company at BuddyWinte@gmail.com. You agree to provide all relevant details and to engage in good faith discussions to resolve the issue.

If the dispute cannot be resolved informally within a reasonable period, You and the Company agree that any unresolved dispute, claim, or controversy shall be resolved exclusively through binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed arbitration provider. The arbitration shall take place in California, United States, and shall be conducted in English.

You agree that any arbitration shall be limited to the individual claims between You and the Company and shall not be consolidated with any other person’s claims or joined with any other party’s claims. You also agree that class actions and representative actions are not permitted under this arbitration agreement.

Nothing in this section prevents either party from seeking provisional remedies in a court of competent jurisdiction to prevent immediate harm or protect intellectual property while arbitration is pending.

For European Union (EU) Users

If You are a consumer residing in the European Union (EU), nothing in these Terms shall limit, restrict, or waive any rights that You may have under mandatory provisions of the law of the country in which You are resident. Such rights shall take precedence over any conflicting provisions in these Terms.

Without limitation, this includes, but is not limited to, rights related to distance selling, digital content, and consumer protection as required by EU law. By using the Service, You acknowledge that these Terms are subject to applicable local consumer protection laws and regulations.

United States Legal Compliance

By accessing or using the Service, You represent and warrant that: (i) You are not located in, or otherwise subject to, any country or territory that is currently under a trade embargo or other sanctions imposed by the United States government, or that has been designated by the United States government as supporting terrorism; and (ii) You are not listed on any United States government list of prohibited, restricted, or specially designated nationals or entities, including but not limited to the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) list.

You acknowledge that the Company reserves the right to restrict or terminate access to the Service in order to comply with applicable U.S. export laws and regulations.

Severability and Waiver

Severability

If any provision of these Terms is found to be invalid, unenforceable, or illegal under applicable law, that provision shall be modified or interpreted to achieve its original intent to the maximum extent permitted, and the remaining provisions shall continue in full force and effect.

Waiver

Except as expressly provided herein, the failure of either party to enforce or exercise any right or obligation under these Terms shall not constitute a waiver of that right or obligation, nor shall it affect the ability to enforce it at a later time. The waiver of any breach of these Terms shall not constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms may be provided in translated versions for Your convenience. In the event of any discrepancy or conflict between the translated version and the original English version, the English version shall prevail.

Changes to These Terms and Conditions

The Company reserves the right, at its sole discretion, to modify, update, or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least thirty (30) days' notice prior to the new terms taking effect. What constitutes a material change shall be determined at the sole discretion of the Company.

By continuing to access or use the Service after any revisions become effective, You agree to be bound by the updated Terms. If You do not agree with the revised Terms in whole or in part, You must stop using the Service immediately.

Contact Us

If You have any questions or concerns regarding these Terms, You may contact us: