These Terms of Service ("Terms") form a binding agreement between you and Xylora Studios ("we", "us", "our") governing your access to and use of the video game Wickharbour, its updates, downloadable content, related websites including wickharbour.xylorastudios.com, and support services (together, the "Services"). By installing, accessing or using the Services you agree to these Terms. If you do not agree, do not use the Services.
1. Eligibility
You must be at least 13 years old, or the minimum age of digital consent in your country, to use the Services. If you are under the age of majority, you confirm that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.
2. License Grant
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and play one copy of Wickharbour on devices you own or control, solely for your personal, non-commercial entertainment. The game is licensed, not sold. All rights not expressly granted are reserved.
2.1 Platform terms
If you obtained the game through a third party storefront (such as Google Play, Steam or another distributor), that platform's terms also apply. Where they conflict with these Terms regarding purchase, refunds or billing, the platform's terms control for those matters only.
3. License Restrictions
Except as permitted by applicable law, you may not:
- Copy, sell, rent, lease, sublicense, distribute or publicly display the game or any part of it.
- Reverse engineer, decompile, disassemble or attempt to derive source code, except to the extent such restriction is prohibited by law.
- Modify, adapt, translate or create derivative works, except through official modding tools we may provide and under their terms.
- Remove, obscure or alter any proprietary notices, labels or marks.
- Circumvent any technical protection, licensing or anti-cheat measure.
- Use the Services for any commercial purpose without our prior written consent.
4. Intellectual Property
Wickharbour, including its code, artwork, characters, music, sound, narrative, user interface, names, logos and all associated trademarks, is owned by Xylora Studios or its licensors and is protected by copyright, trademark and other intellectual property laws worldwide.
4.1 Content creation
You may create and share videos, streams and screenshots of gameplay, and you may monetise them through platforms' standard creator programmes, provided you do not imply endorsement by us, do not distribute game files or unreleased content, and comply with these Terms. We may revoke this permission for any content that harms the game or its community.
4.2 Feedback
If you submit ideas, suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation or compensation.
4.3 User content
If the Services let you create or submit content such as names, creations or messages, you retain ownership but grant us a worldwide, non-exclusive, royalty-free license to host, reproduce, display and distribute it in connection with operating and promoting the Services. You confirm you have all rights needed to grant this license.
5. Rules of Conduct
When using the Services, you agree not to:
- Use cheats, exploits, automation software, bots, hacks, mods or any unauthorised third party software that interacts with the game.
- Exploit bugs or glitches for advantage; report them to us instead.
- Harass, threaten, impersonate, defame or discriminate against any person.
- Post or transmit content that is unlawful, obscene, hateful, infringing or harmful to minors.
- Attempt to gain unauthorised access to our systems, other players' accounts or data.
- Interfere with, disrupt or overload servers or networks connected to the Services.
- Engage in fraud, including chargeback abuse or unauthorised resale of keys.
- Violate any applicable law or regulation.
6. Virtual Items
The game may include virtual currency or items. These have no monetary value, are licensed to you rather than owned, cannot be exchanged for real money and may be modified or removed as part of game balancing. Except where required by law, purchases are final and non-refundable.
7. Updates and Availability
We may release patches, updates and changes that modify features or content, and some updates may be required to continue playing. We do not guarantee that the Services, including any online features, will be available at all times or indefinitely, and we may discontinue online features with reasonable notice where practical.
8. Suspension and Termination
We may suspend or terminate your access to the Services, including online features, if you breach these Terms or if required by law. You may stop using the Services at any time by uninstalling the game. Sections 4, 6, 9, 10, 11, 12 and 13 survive termination.
9. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND UNINTERRUPTED OR ERROR FREE OPERATION. WE DO NOT WARRANT THAT SAVE DATA WILL NEVER BE LOST OR CORRUPTED.
Health warning: a small percentage of people may experience seizures when exposed to flashing lights or patterns. Stop playing immediately and consult a doctor if you experience dizziness, altered vision, eye or muscle twitches or disorientation. The game depicts storms and rolling seas that may cause motion discomfort in some players.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, XYLORA STUDIOS AND ITS AFFILIATES, OFFICERS, EMPLOYEES AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL OR DEVICE FUNCTIONALITY, ARISING FROM OR RELATED TO THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE GAME IN THE TWELVE MONTHS BEFORE THE CLAIM OR USD 50.
Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you. Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited under applicable law, nor affects your statutory consumer rights.
11. Indemnification
You agree to indemnify and hold harmless Xylora Studios and its affiliates from any claims, losses, liabilities and expenses, including reasonable legal fees, arising from your breach of these Terms or misuse of the Services, to the extent permitted by law.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the jurisdiction in which Xylora Studios is established, without regard to conflict of law principles. Before filing any claim, you agree to contact us and attempt to resolve the dispute informally for at least 30 days. If unresolved, disputes will be resolved in the competent courts of that jurisdiction, except that consumers resident in the EEA, UK or another jurisdiction granting mandatory local rights may bring claims in their local courts and retain the protection of mandatory local consumer law. To the extent permitted by law, claims must be brought individually and not as a plaintiff or class member in any class or representative proceeding.
13. General
- Entire agreement: these Terms and our Privacy Policy are the entire agreement between you and us regarding the Services.
- Severability: if any provision is found unenforceable, the remainder stays in full effect.
- No waiver: our failure to enforce a provision is not a waiver of our right to do so later.
- Assignment: you may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets.
- Export: you will comply with all applicable export control and sanctions laws.
- Changes: we may update these Terms. Material changes will be posted here with a new date and, where appropriate, notified in game. Continued use after changes take effect constitutes acceptance.
14. Contact
Questions about these Terms can be sent to our support team using the verified contact below.