Terms of use

Article 1 : Presentation of the Terms of use

 

1.1 These Terms of Use (hereinafter the "TOU" or the "Agreement") set forth the terms of use under which you are provided access to services by Achrony, hereinafter individually or jointly referred to as "Achrony " or  the "Company".

 

1.2 These services include, among other things, access (i) to the various Games published by Achrony (Achronya  and the other games under development, hereinafter the “Game” or “Games”).

 

To access Achronya  and the other games under development, the Company may ask you to download and install software on your terminal (hereinafter the "Client" or the "Clients"). These TOU also govern the use of these Clients.

 

The Games, the mobile application, the websites and the Clients are collectively referred to as the "Services".

 

1.3 When you use our Services, We may ask you to provide personal information. To know how we handle this information, please read our Privacy Policy carefully; it can be found at the following link:  

https://www.achrony.com/en-privacy-policy.html.

 

1.4 As such, the TOU determine the framework of contractual relations between the Service user (hereinafter "you") and Achrony.

Article 2 : Acceptance of Terms of use

 

2.1 You acknowledge that you are an individual who has reached the age of majority in your country of habitual residence or, if you are a minor and the law of your country of habitual residence so requires, you have obtained permission from your legal representative (parent or guardian) to create an Account and/or access the Services. You also acknowledge that you are capable of entering into a valid agreement in accordance with the law, case law or customs of your country of habitual residence.

 

If you live in the United States and are under 13 years of age, CAUTION! You may not create an Account and access the Services. If you are aged between 13 and 18 years, then you must obtain consent from your legal representative (parent or guardian).

 

2.2 Any use of the Services which is not in accordance with the TOU is prohibited and may lead to the termination thereof, in accordance with the terms set forth in Article 10 hereinafter.

 

2.3 Acceptance of the TOU is established by your electronic signature, manifest by your having checked the box provided for this purpose or by your having clicked on the TOU acceptance button or on the button allowing you to finish creating your Account. This acceptance is required to create an Account and/or use the Services and/or download the Games. If you disagree with these provisions, you must not check the box or click on the TOU acceptance button. In the event that the TOU are updated, you will be asked to manifest your agreement by filling a check box or clicking on a TOU acceptance button, failing which you may no longer access the Services.

Article 3 : Acces

 

3.1 Services are accessible via mobile devices. "Mobile device" refers to any mobile device capable of connecting to the Internet to access the aforementioned Services (mobile phones, tactile tablets, etc.). You acknowledge that the quality of the Services, the response time, and the access to certain functionalities may depend on the capabilities of your mobile device and of the electronic communication network. You acknowledge that the Services offered on mobile devices by Achrony may not be available on all mobile devices.

 

3.2 As the Service is offered on the Internet, you must have an Internet connection to access it. All costs of telephone connections and Internet access are at your expense. Achrony shall bear no liability for damage you may suffer as a result of using an Internet connection or as a result of malware being installed on your device.

 

3.3 Achrony grants you a limited, non-exclusive and non-transferable license to access and use the Services and their content. This license is subject to compliance with the rules set forth in the TOU.

 

3.4 An account will be created when choosing the username to save the Game related data, including your progress (hereinafter the "Account").

 

Article 4 : Account

4.1 Characteristics

4.1.1 To create an Account, you must be a person aged eighteen (18) years or have reached the legal age in your country of residence or, if you are a minor and the law of your country of habitual residence demands it, obtained the agreement of your legal representative (parent or guardian), and in any case, be legally able to enter into an agreement with the Company.

4.1.2 The Account is a user account made available to you via an account name and a key save on your device.

 

4.1.3 To create an Account, you must enter a username.

 

4.1.4 The Account remains the property of the Company. You only hold a right of access to the Service, through an Account provided to you.

 

4.1.5 Automated account creation is prohibited. You agree not to use proxy servers for both Account creation and Account login.

4.2 Creation Rules

4.2.1 The owner of an Account is known to other users through his/her nickname. The nickname identifies you as a person. It is visible to other users.

 

4.2.2 Username as a minimum, must:

• correspond to a pronounceable word (e.g. the word sgssgxrtgt oes not comply with this rule)
• not refer to a political orientation, ethnic group, community, or religion
• not be vulgar or insulting
• not have a sexual or pornographic connotation
• not include your first name and/or surname
• not resemble or imitate a registered trademark or a term protected by copyright
• not promote a commercial service
• not refer to a narcotic product or anything prohibited by law
• not resemble or imitate the names of characters from the Games' universe or from any of the Company's other creations (non-player characters, heroes of the story, etc.)
• not resemble or imitate the name of a moderator or an employee of the Company
• not be spelled in an alternative way in order to circumvent the rules imposed above
• not combine your first and last names, which, when put together, would contravene the rules listed above

Assessment of compliance or non-compliance with these provisions (in particular, compliance with the provision in relation to resemblance between username) is at the Company's discretion.

 

4.3 Liability/Security

4.3.1 Security

To ensure the security of your Account and avoid the theft of an Account, you undertake to:

• not give access to your Account to a third party. The loaning, sharing, exchange, donation, purchase, transfer, and sale of Accounts (or attempt thereof) are prohibited. The Company cannot be held responsible for any loaning, sharing, exchange, donation, purchase, transfer or sale of Accounts, which may give rise to the sanctions provided for in Article 6 of these TOU
• take all measures to prevent any third party from accessing the Account you have activated, even without your knowledge
• not play on a third party's Account
• not give out your login information, i.e. username and secret key;

 

4.3.2 Liability

4.3.2.1 The security of your Account is solely your responsibility, and Achrony shall not be held liable for damages that may result to your Account or your computer after losing or sharing your Account login details.

 

4.3.2.2 Achrony shall not in any way be held responsible in the case of Account theft or any changes that may result to your Account.

 

4.3.2.3 As your account is linked to your device, Achrony cannot in any way be held responsible in the case of loss or theft of your device.

 

4.3.2.4 You also acknowledge that you are presumed to be the user of your Account, and, as such, are responsible for actions taken through the use of your Account and on your Account.

 

4.3.2.5 You acknowledge that you, and not Achrony, are responsible for all electronic communications and content sent from your computer, and that you must only use the Services in compliance with the law and the TOU.

Article 5 : Games

5.1 Licence

Subject to the provisions of the TOU, the Company grants you a non-exclusive, non-transferable, revocable, limited license allowing you to access and use the Games and to download, install and use the Clients for your personal, non-commercial use. You acknowledge that the use of techniques to connect to the Games other than those provided by Achrony or one of its partners is prohibited.

Conditions specific to the Clients: Achrony authorizes you to install the Clients on any machine that you own or for which you have the right to install computer programs and store the files in question.

 

5.2 License Limitations

The license granted to you is subject to certain limitations. Any use of the Games and/or Clients that does not comply with the rules of Article 5.2 shall be considered to be a breach of the Company's copyright.

 

5.2.1 You may not reverse engineer, disassemble, decompile, edit or otherwise modify all or part of the Clients or Games, unless expressly permitted to do so by Achrony or the legislation in force.

 

5.2.2 You may not modify the Games or Clients (with the exception of updates). You may not modify, or cause to be modified, any files that are a part of the Games or the Clients in any way not expressly authorized by Achrony, and you may not make any derivative works of the Games.

 

5.2.3 You agree not to use or create pirate servers, proxies, emulators or any other elements of this type to connect to the Games. You may only use the tools and methods offered and accepted by the Company to connect to the Games.

 

5.2.4 You may not use the Client to develop any computer program.

 

5.2.5 You agree not to create, use, advertise, or promote any program or tool capable of causing damage to the Games or the Clients, or of altering the experience of the Games, including (but not limited to) bots, viruses, Trojan horses, piracy tools, cheats, automation software, mods, or any other unauthorized software intended to modify the Games or the Clients.

 

5.2.6 You agree not to intercept or spy on the communication protocols used by Achrony, nor to use an interceptor for the data or the protocol. As such, you may not emulate these protocols, collect data via packet-sniffing, or transfer these protocols or data to another protocol (tunneling).

 

5.2.7 You cannot resell all or part of the Clients and their accompanying files. Generally, you undertake not to use and exploit the Games and/or the Clients for any commercial purpose.

 

5.2.8 You agree not to distribute, even free of charge, all or part of the Clients and the accompanying files without the prior written permission of Achrony.

 

5.2.9 You agree not to create, use, or disseminate any program not distributed by Achrony which could be used to modify the characteristics of your Account or that of a third party, or which could adversely affect the servers or infringe on the interests of the Company.

 

5.2.10 You may not use the Games in any manner that could render them inaccessible, damaged, or inoperable.

 

5.3 Rules of Conduct / Prohibited Activities

5.3.1 You agree to refrain from insulting or threatening other users or Company staff, and to refrain from all racist, shocking, offensive or discriminatory speech, and from any speech that is illegal under French, European or international law, irrespective of the language used. Achrony cannot be held liable for any violation of the present article.

 

5.3.2 You also agree to refrain from :

• "spamming", "flooding", or sending commercial offers of any nature to other users
• cheating, stealing Accounts, characters or items from any Account, or attempting to do so
• threatening, harassing or embarrassing other users by any means whatsoever
• providing other users with personal information about yourself or other players
• collecting information in the Games

 

5.3.3 You are prohibited from proceeding with any form of advertising or in-game commercial promotion via the communication means put made available to you in the framework of the Games.

 

5.3.4 Your public written communications may be recorded, analyzed, or erased by the Company so that it can ensure your communications comply with legislation and the TOU. You acknowledge that you, and not Achrony, are responsible for all intra-game communications and content sent from your computer and that you must only use the Games in accordance with legislation and the TOU.

 

5.3.5 You agree not to use loopholes, bugs or any other type of error to obtain advantages in-game (including, but not limited to, gaining experience, gaining items, gaining time, bypassing restrictions, duplicating items or kamas), nor to promote the use of these. Similarly, you undertake to immediately notify Achrony's Support when you notice a loophole or error in the Games.

 

5.3.6 You agree not to participate in, organize, or be involved with an attack against Achrony's servers.

 

5.3.7 Generally, use of the Services must not violate national and international legislation and regulations.

 

5.4 Game Elements

 

All elements that you may obtain in our Games, whether bought by you or obtained by you following your use of our Games or in exchange for rights to use Dims or Urglass that can be used only in the game shop (hereinafter the "Virtual currencies"), including, but not limited to, the Achronians (game units troops, buildings, spells) (hereinafter collectively referred to as the "Game Elements") are associated with your Account. You acknowledge that the Game Elements are and remain the exclusive property of the Company. The issuing of Game Elements by the Company is strictly personal and limited to the experience in the Games. The Company exclusively gives you a right of use over the Game Elements; it does not involve a transfer of ownership, which you expressly acknowledge. Thus, this right of use shall be terminated no later than upon closure of your Account for any reason.

 

You acknowledge that the Game Elements have no financial value in the real world. It is strictly prohibited to exchange them for real money. Generally, the loaning, sharing, exchange, donation, purchase, transfer, and sale of Game Elements (or attempts to do so) outside of the Websites, the Games and their rules, are strictly prohibited and may give rise to sanctions on your Account.

Due to the constant development of the Games, and in particular to ensure the most balanced experience possible between players, Achrony reserves the right to modify or delete Game Elements.

5.5 Updates/Patches

In order to improve the experience in the Games, Achrony reserves the right to issue updates or patches to the Clients and the Games. In order for these updates and patches to be effective and so you can continue to play the Games,, you agree to install them.

The Games, the Clients, and their updates constitute an indivisible whole, inseparable from their components, which remain subject to the TOU.

Article 6 : Sanctions

6.1 In the event that one or more of the provisions of the TOU or of any other document incorporated herein by reference is violated, Achrony reserves the right to terminate or limit, without prior notice and at its sole discretion, your use and access to the Services, to your Account, and to all Achrony Websites, and to sanction you concerning the Games. Sanctions are specific to certain Services and, in particular, to the Games and the Forums. In the event of a contradiction with this Article, the specific sanctions shall take precedence over the TOU.

 

6.2 The sanctions depend on the seriousness of the breach. They may include, but are not limited to, the following sanctions:

• Warnings: Warnings have no direct consequences for the Account. You may continue to use the Services without any change. Warnings exist primarily to warn you that you are at risk of greater sanctions if you continue to breach the rules set out by the TOU.
• Temporary suspension: The temporary suspension is generally used in case of a significant breach of the TOU. This is a level of punishment offering the possibility of adopting irreproachable behavior under pain of being banned permanently.
• Definitive Bans: The Account is closed permanently, and you can no longer access it. This sanction is usually applied in the event of repeat offending or of serious or unforgivable infringement of the TOU (notably, in the event where payment has been made without the permission of the individual owning the means of payment).

6.3 Achrony reserves the right to impose any sanction referred to in this paragraph on an Account, taking into account the seriousness of the breach, without necessarily first giving prior warning or applying a penalty of shorter duration. You agree that these sanctions are final and you cannot in any way challenge the decisions taken by Achrony.

 

6.4 Achrony also reserves the right to change Account names, nicknames, character names, guild names, and team names that do not comply with the rules set forth above, as well as those that are deemed unsuitable by Achrony. Achrony may, where appropriate, temporarily or permanently suspend access to the Account or delete a guild or team name, without compensation.

 

6.6 In addition to the sanctions described above, Achrony may take appropriate sanctions, including civil prosecution and criminal proceedings against the offender.

 

6.7 If Achrony notices suspect or abnormal behavior or operations on your Account, which may lead to a breach of the TOU, Achrony reserves the right, at its sole discretion, to block your Account for the time needed to perform verifications or an investigation. Achrony will decide, at its sole discretion, to provide you with compensation, or not, if your Account is blocked.

 

6.8 If you have acquired, directly or indirectly, in-game items or money in a fraudulent manner (in particular through exploits, bots, cheating, farming, or theft), Achrony reserves the right to access your Account and delete all or part of your inventory.

 

Likewise, Achrony reserves the right to modify all of your characteristics (including your level, Achronians unlocked, Achronians level, etc.) if it is proven that you have benefited from a loophole or any other techniques allowing you to increase your characteristics in a fraudulent manner.

 

6.9 Except as otherwise provided for in the TOU or through an exceptional arrangement with the Company, there will be no refund if an Account is banned before the end of the subscription period, if Ogrines are still available on an Account, or if you have purchased a Starter Pack or virtual items.

 

6.10 The act of defaming, injuring, harassing, or threatening a member of staff, a representative, an Achrony moderator or any other person linked to or affiliated with Achrony or one of its partners and service providers, of engaging in behavior or of making remarks that are harmful, violent, obscene, vulgar, hateful, or shocking with regard to these same persons, of invading their privacy or in any other way infringing on their rights, may give rise to sanctions on your Account(s), whatever the means of expression used.

Article 7 : Support

7.1 Achrony Support will do everything to assist you as soon as possible.  Nonetheless, Support reserves the right not to answer a request, notably in the event of non-compliance with the rules of this article.

 

7.2 Any harassment, threat, insult or other inappropriate behavior with regard the Support representatives will lead to the processing being stopped and may give rise to sanctions in accordance with article 6.10.

 

7.3 Support provides assistance for problems having an impact on accessibility and/or user-friendliness for players, but is not mandated to respond to issues linked to progress in the Games.

 

7.4 In the event of identity theft and/or falsification of documents and/or attempt of one or other of these infringements, Support reserves the right to sanction the Account(s) belonging to the fraudster.

 

7.5 In the event that you suspect any breach of security, including loss, theft or unauthorized use of your login details, or any other problem related to the security of your Account, you will immediately notify the Company via its Support team. Subject to proving your identity, the Company will then reset your password or your secret answer and offer solutions to improve the security of your Account. The Company may also block access to the Account in question, for the time needed to investigate. Following the investigation, Support will settle the dispute at its sole discretion.

Article 8 : Liability and warranty

Achrony will do everything possible to ensure the proper operation of its Services and provide you with the Services 24 hours a day, 7 days a week.

 

8.1 However, in this regard, Achrony is only bound by an obligation of means as regards access to and use of Services. Achrony cannot guarantee that the functionalities offered by the Services will always be available and free of typographical, technical or other errors, that flaws will be corrected, or that the Services or servers hosting them will be free of viruses and bugs.

 

8.2 For reasons of maintenance, testing, security, repairs, or any other reason, linked to the improvement and/or proper operation of the Services, these Services may be temporarily interrupted by Achrony , without engaging its responsibility. Achrony will, at its sole discretion, decide whether or not to provide you with compensation in the event of interruptions in Services.

 

8.3 The Company shall not be held liable in the event of force majeure as defined by law.

 

8.4 Achrony provides the Services while they are published. Achrony therefore reserves the right to cease publishing the Services and consequently to interrupt Services definitively; in the event of this, you will be notified of this by all means. Achrony could also interrupt the Services definitively in the event of a cessation of activity.

 

8.5 Unless stipulated otherwise by the law or in special conditions agreed upon expressly between Achrony and you, you acknowledge and agree that:

• The service is provided “as is” without any further warranties or any kind.
• You assume the risk of any and all damage or loss from use of, or inability to use, the service. For minor users, the responsibility rests with their legal representatives.
• ACHRONY DECLINES ALL RESPONSIBILITY FOR USE OF THE SERVICES THAT IS NOT IN ACCORDANCE WITH THESE TOU. ACHRONY SHALL NOT BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, LOSSES OF DATA OR PROFITS, WHICH MAY ARISE FROM THE USE OR NON-USE OF THE SERVICES, NEGLIGENCE, OR ANY OTHER REASON ASSOCIATED WITH THE SERVICES.
• ANY AND ALL COMMUNICATIONS BETWEEN ACHRONY AND YOU, WHETHER ORALLY OR IN WRITING, SHALL NOT CREATE ANY GUARANTEE WHATSOEVER NOT SET FORTH IN THESE TOU.
• Achrony shall not be held liable for any errors or omissions on your part.
• Achrony shall not be obliged, for whatever reason, to reimburse you in any amount in the event of failure.

 

8.6 The company shall not be held responsible for links from Web pages or other sites leading to the service, but not managed by the company, or any link contained on the service leading to Web pages or other locations managed and published by others, where the third parties managing and editing the content do not comply with French, European or international regulations.

 

8.7 Some countries do not allow the exclusion or limitation of liability. Limitations or exclusions might not apply to you.

 

8.8 SUBJECT TO THE PRECEDING STIPULATIONS, SHOULD THE COMPANY'S LIABILITY BE ENGAGED IN THE FRAMEWORK OF YOUR USE OF SERVICES, THE AMOUNT OF ANY DAMAGES AWARDED TO YOU IS LIMITED TO THE AMOUNT OF THE SUMS YOU HAVE PAID IN THE FRAMEWORK OF ACCESS TO THE SERVICES OVER THE COURSE OF THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.

 

Article 9 : Intellectual property/trademarks

9.1 All of the elements, features, tools and documents that are part of the Achrony universe and provided by Achrony (including, but not limited to, the Games, Clients,Game Accounts, Urglass, Dim and any titles, computer code, themes, items, characters, character names, stories, dialogs, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-Game chat transcripts, character profile information, recordings or replays of Games, and server software) are protected by French and international law on copyright and intellectual property. All of these elements, features, tools and documents are the property of Achrony. Unless you receive prior written authorization from Achrony, you undertake not to trade elements from Achrony's creations and not to promote this kind of activity, which harms Achrony's rights. Achrony will do everything to prevent such acts.

 

9.2 Any data relating to the Games, Services or Websites belongs to Achrony and is protected by French, European and international copyright law. You must therefore respect the prohibitions provided for in Articles 5.2, 5.3 and 5.4. You have no right, in whole or in part, to copy, reproduce, translate, extract, edit the source code, disassemble, decompile, modify, hire, sell, distribute or create derivative works based on the Games or content without Achrony’s prior written consent.

 

9.3 Any trademarks that appear on the Websites or in the Services are trademarks created by the Company or for which it holds the usage rights. You cannot use these trademarks without prior written permission from Achrony. You do not have permission to use meta-tags or any other "hidden text" using Achrony's names and trademarks without prior written permission thereto. Other trademarks appearing on the Websites or in the Games that do not belong to Achrony belong to their respective owners.

 

9.4 Any non-compliant use ends the authorization or the license granted by Achrony.

Article 10 : Termination

10.1 This Agreement shall enter into force on the day of your acceptance, and through to its conclusion, unless either you or Achrony terminate it before this time.

 

10.2 Termination at Your Initiative: You can request that your Account be closed at any time and for no reason, subject to proving your identity. You must therefore inform Achrony thereof via its Support department (support@achrony.com) by creating a ticket. Subject to compliance with the aforementioned termination procedure, the termination of your Account shall be effective within a reasonable period after receipt of your request by Support.

 

10.3 Termination at Achrony's Initiative

 

Termination for Misconduct: Achrony may close your Account with or without prior notice, if you do not comply with the law and the rules set forth by the TOU, and by all documents expressly incorporated herein by reference. Achrony also reserves the right to take all necessary measures to cover the damage it may have suffered.

 

Termination for inactivity: Achrony also reserves the right to proceed as of right and at any time to the closure of Inactive Accounts. An Account is considered inactive when it has not been connected to any of our Sites or Games for a period of twenty-four (24) consecutive months. At least fifteen (15) days prior to closing the Account, we will notify you by sending you a message to the e-mail address associated with your Account.

10.4 Consequences of Termination, Irrespective of the Party Initiating such Termination: In all cases, closing the Account will give rise to the termination ipso jure of the Agreement and, consequently, you may no longer access the Services. You must delete the Client(s) from your mobile device.  In the aforementioned cases of termination, you may not claim any compensation for unused Urglass, and others virtual currencies, and the rights of use over the Game Elements granted to you by Article 5.4 herein will expire.

 

Article 11 : General provisions

 

11.1 Divisibility: If any provision or term of this Agreement is determined to be illegal, invalid, or unenforceable, that provision or term will be deleted without affecting the application of the other provisions.

 

11.2 Absence of Waiver: No waiver by Achrony of any right or any provision of these TOU shall be deemed to be, nor shall it be construed as, a waiver of this right or provision. No Achrony Support representative nor any other member of Achrony's staff who interacts with you is legally empowered to bind Achrony to any amendment or waiver of the provisions of these TOU.

 

11.3 Entirety: These TOU, including all of the documents expressly incorporated by reference herein, constitute the entirety of the agreement established between you and the Company with respect to the Services and supersede any and all prior or contemporaneous electronic, oral or written communications between you and the Company with respect to the Services; provided, however, that the Agreement shall coexist with, and shall not replace, the Privacy Policy, the Terms of Use specific to a Game.

 

11.4 Changes: Achrony reserves the right to modify, add to or delete any of the rules provided for by the TOU. You will be notified by all means of any substantial changes made to the Agreement when you try to access one of our Services. You acknowledge that, by using the Services after having been informed of the modifications, additions and/or deletions, you accept these modifications, additions and/or deletions.

 

11.5 Applicable Law: These Terms of Use are subject to French law.

 

11.6 Survival of the Terms: In the event of termination of the TOU, Articles 3.1, 5.2, 5.3, 5.4, 8, 9 and 11 shall remain applicable.

 

 

Last update : 15th december 2018