Fen Research Ltd - Terms & Conditions

Last updated: 07-Oct-2024

1. Who we are

We are Fen Research Limited. Our company information is at the end of this document.

2. What this is all about

These are our terms and conditions. Please read the whole document carefully and contact us if anything is unclear. We've tried to make it user-friendly but please note that the summaries/explanations for each section (displayed in yellow underneath the section header) aren't a substitute for the rest of the text. Please save a copy for future reference. These terms are only available in English and they replace any previous versions.

3. Some definitions

• "App" - the Brighter Shores application and associated game.
• "Content" - all information of any kind displayed, stored or sent on or in connection with our Service as well as information generated within our Service such as Virtual Assets.
• "Service" - our App and any related services plus our website.
• "Store" - the app distributor from which you download our App (e.g., Apple App Store, Google Play App Store, Steam Store).
• "Store Terms" - any applicable terms, rules or policies of the relevant Store.
• "Virtual Assets" - virtual features generated within our Service including characters, in-game items, in-game currency and progress such as experience points (XP).
• "User" - anyone using our Service.

4. How you enter a legal contract with us

By downloading our App, you enter into a legal contract with us.

By accessing our website, you are also bound by these terms to the extent they are relevant.

5. Consumer legal right to cancel ("cooling off")

You may have the legal right to cancel this contract within 14 days of the start of the contract if you comply with the requirements explained at: https://www.brightershores.com/cooling_off_period.html

However, you lose the right to cancel where the supply of digital content (i.e., the App) began before the end of cancellation period with your consent, and you agreed that your right to cancel would be lost in such case. Because our services are based on the supply of digital content, it is very unlikely that you will have the legal right to cancel your contract with us.

6. Your right to use our Service

We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.

You agree to comply with the applicable Store Terms. If our terms and conditions conflict with the Store Terms, the latter take priority.

You can find the Store Terms at:
https://store.steampowered.com/subscriber_agreement/english/

You agree to comply with any other applicable third party terms when using our Service.

Our App includes some software created by other people who require us to bring certain information to your attention. You can find the details at: https://www.brightershores.com/third_party_licenses.html

You must not reduce the privacy settings below their 'maximum privacy' defaults if you are below 13 years of age.

7. Standard of Service

Subject to the rest of these terms, we agree to provide our Service with reasonable skill and care.

8. Changing these terms and conditions

We may change these terms and conditions at any time. We will give you reasonable notice before they take effect by posting them on our website and by notifying you when you login to the game. The new terms will take effect on the effective date shown.

If you don’t agree to the new terms, and the changes are important and not intended to reflect changes to law/regulation, you can delete your account to end this contract on the day before the new terms take effect.

9. Changes to our Service

We may change our Service at any time. We may add new features and/or content. We may also adjust or entirely remove features and/or content if we in our sole discretion feel that doing so is in the best interest of the game as a whole, or if continuing to provide those features is not economically viable.

10. Behaviour when using our Service

You agree to comply with our Rules at: https://www.brightershores.com/rules.html.

If we reasonably believe that you have broken our Rules, then you face the penalties at: https://www.brightershores.com/rules.html#penalties but you may have the right to appeal.

You agree that any chat messages you send may be filtered by automatic filters including machine learning algorithms, which will attempt to block unsuitable messages. You acknowledge that such algorithms are not perfect and so may fail to block something unsuitable, or conversely may block chat messages which are innocent. You agree that it is acceptable that some chat messages or player names may be incorrectly blocked in this way as it is a reasonable trade off to improve the safety of our Service. We agree that no penalties will be applied to your account as a consequence of such chat analysis algorithms without human review.

We are required to tell you that you have the right to bring a claim against us for breach of contract if:
• any of your Content is taken down or restricted; or
• you are suspended or banned from using our Service
in a way that breaches these terms.

You agree to:
• comply with the guidance/requirements on our Service; and
• provide prompt and reasonable cooperation in relation to our Service.

You agree to ensure that any contact information that you supply to us is accurate and not misleading and you will tell us immediately if there are any important changes.

11. Your Content

You are responsible for your Content.

You agree that you have (and will keep) all legal rights needed to enable us to use your Content.

Provided we comply with data protection law and subject to your right of appeal where applicable, we are entitled (without telling you or giving you a refund) to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities or companies who provide relevant services to us.

We are not legally responsible if your Content is misused by others. You must take reasonable care when deciding which Content to display on or send via our Service.

We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.

It is your responsibility to make your own frequent backups of your Content if you want protection if it is lost or damaged. We are not responsible for loss or damage that could have been avoided if you had made a backup (but this doesn't affect our duties under data protection laws).

Uninstalling the App may result in deletion of all Content on your device.

12. Dealing with other Users/Illegal and harmful Content

Subject to our legal obligations relating to illegal/harmful Content, we are not legally responsible for the accuracy of, or otherwise in relation to, any User Content or for any dealings between Users. Don't assume that any Content from another User is accurate and be aware that people may not be who they claim to be.

Never ever give out your contact or other personal information or arrange to communicate with or meet other Users outside our Service.

If you encounter any inappropriate Content or behaviour in connection with our Service or if you have any concerns for your safety, you agree to immediately (1) stop any communication with the other person and (2) tell us by using the Report Abuse buttons on our Service. We will prioritise reports and respond if and when we consider appropriate. Please also use any available blocking mechanisms and seek relevant external help If appropriate (e.g., from law enforcement authorities).

We are not responsible for chat services provided by other companies, e.g., Steam. Please contact them if you have any issues.

Our approach to safety and illegal/harmful Content.

Here are some of the steps we're taking (or intend to take as and when necessary):
• default to maximum privacy settings and displaying suitable warnings when these are disabled;
• text-based chat only;
• automated detection/filtering/blocking of inappropriate chat and other Content such as character names;
• prominent and easy-to-use report-abuse button and blocking mechanisms;
• appropriate numbers and training of staff;
• categorisation/prioritisation/tracking of User complaints/reports;
• using a range of penalties where appropriate - see the "Penalties" section of our Rules at: https://www.brightershores.com/rules.html#penalties ;
• reviewing complaint/report-handling performance; and
• carrying out appropriate risk assessments and regularly reviewing them.

13. Other peoples' services / advertising / websites

We may display other peoples' services, advertising and/or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.

14. If you create an account on our Service

You agree to take reasonable care to keep your login information confidential. You are responsible for unauthorised people who use your account or identity (unless and to the extent that we are at fault).

It is especially important that you keep your login information secure, as if another person gains access to your account, they may be able to delete your Virtual Assets or your entire account. You agree that we are not responsible if this occurs (unless and to the extent that we are at fault).

15. Paying us

Some of the features of our Service are chargeable. We may change which features are available for free, and which features require payment to access. Payment is in advance, either one-off or on a recurring (i.e., repeating) subscription basis. Prices, subscription periods and payment methods are as explained on our Service.

If you subscribe, your subscription will continue to be auto-renewed for the subscription period you signed up to unless you end your subscription by following the instructions on our Service. If you do so, your remaining credit will remain available for you to use but we won’t automatically rebill you when you run out of credit. Ending your subscription does not entitle you to a refund.

You authorise us and our payment provider to place a hold on, or charge, your payment card for the relevant amounts or otherwise take payment whenever payments are due in accordance with this agreement. It is your responsibility to update your payment card details as necessary.

We may change the price of our Service, but this will not affect any purchase you have already made. If you already have a recurring subscription we will not automatically take an increased payment without your consent. If you do not consent to a price increase within whatever timescale we give you, we may choose to stop automatic billing entirely. If so, your account will switch back to the free version of the game when your premium pass expires unless and until you resubscribe at the new price.

If we have mispriced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.

You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren't responsible for what they do or don't do.

16. Virtual Assets

It is your responsibility to check that Virtual Assets have been correctly credited to your account and to tell us immediately if not.

We may restrict access to or delete Virtual Assets if they were awarded in error or if a payment is charged back.

Virtual Assets can only be used within our Service and have no material value of themselves.

We can at any time change how Virtual Assets may be used; for example how much in-game currency is needed to acquire an in-game item.

We allow you to use Virtual Assets for the purpose of playing our game and provided you comply with these terms. You do not acquire any intellectual property rights in Virtual Assets.

17. Support

The Service includes support only if we opt to provide support and, if so, by the specified contact methods. Any support service is only intended to address configuration and proper use of, or any errors or interruptions arising from, our Service.

Unless we say otherwise, any support that we do opt to provide is only available by email between 9am and 5pm on business days in England and we do not guarantee any particular response times or outcomes. Any response times given are calculated in English business hours/days unless we say otherwise. We are allowed to change or withdraw our support service at any time.

In any event, we aren't obliged to supply support if you owe us any money or have otherwise broken this contract.

18. Ending or suspending this contract

You can end this contract at any time by deleting your account as (you can initiate an account deletion by logging into the game, pressing the trash can icon at the top of the character selection interface, and following the displayed instructions), and by uninstalling the App from all of your devices. (This process ends your subsription but doesn't entitle you to a refund unless you have "cooling off" rights, explained above.)

Subject to your right of appeal if applicable, we can end this contract at any time or suspend part or all of our Service or impose restrictions on our Service if:
• you break this contract;
• you become bankrupt or go into liquidation or similar or become insolvent;
• any fees payable by you are unpaid or charged back;
• acting reasonably, we think that it is necessary to protect you, us or others;
• we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
• you or anyone on your behalf acts inappropriately towards us or our staff or subcontractors.

We are entitled at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.

If this contract ends:
• Your right to use our Service and all licences are terminated.
• We are allowed to delete your Content or Virtual Assets without telling you.
• Existing rights and liabilities are unaffected.
• All terms in this contract that are stated or intended to continue after termination will continue to apply.

19. Our guidance

If we ourselves provide any general guidance or other similar information on or via our Service, we do not guarantee that it is accurate or up to date or relevant to you and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes.

20. If our Service doesn't work properly

We do not guarantee that the Service will be uninterrupted or error-free.

We are entitled without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical reason.

21. Compatibility of App

We do not guarantee that the App is or will be compatible with any particular kind of mobile device or associated operating system (OS). You must check that the App works on your applicable device before you pay for our Service. You accept that the supplier of the device or OS may issue an update that causes our App to stop working. We may issue App updates through the Store; if so, you may not be able to use our App properly or at all until you have downloaded the update, which may be subject to agreement to new terms and conditions. It is your responsibility to frequently monitor for App updates and to install them as soon as they become available.

22. Restrictions on our legal responsibility - very important

Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our officers, employees and subcontractors, who have the right to enforce this agreement.

Subject to the above we shall not be liable for any loss or damage where:
• there is no breach of a legal duty owed to you by us;
• such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
• such loss or damage is your fault, for example by not complying with this agreement; or
• such loss or damage relates to a business of yours.

You will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.

23. Intellectual property rights (IP)

IP in your Content
You remain the owner of the IP in any Content you provide to us for display on our Service. (To be clear - this does not include Virtual Assets.) You allow us to use such material insofar as reasonably necessary for our Service. You give up your "moral rights" in relation to such Content to the extent legally allowed. You also allow each User to use your Content in accordance with these terms and conditions. You give us the right to take any legal action we think necessary if there is an infringement of the intellectual property rights in your Content.

IP in our Content
We and/or our business partners own the IP in all Content (excluding your Content and that of other Users) used on or in connection with our Service including Virtual Assets. Let's call this "our Content".

You may view our Content on your device for your private personal, non-commercial use only. Except to the extent that these terms or the functionality of our Service (e.g., sharing buttons) specifically allow you or we give you clear written permission, you must not otherwise use any part of our Content including by copying, recording, publishing (on the Internet or otherwise), selling or altering it, taking extracts from it or passing any of it on to other people. You must not misrepresent the ownership or source of our Content, for example by changing or removing any legal notices or author attributions.

Just to be clear - you must not collect, scrape, harvest, frame or deep-link to our Content without our specific prior written consent.

As regards our App, you must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not alter or create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to anyone else.

We own a range of registered intellectual property rights relating to various aspects of our Service including US patent no US9426259B2.

24. Your personal information

You agree that we can deal with your personal information in accordance with our Privacy Notice at: https://www.brightershores.com/privacy_notice.html which may change from time to time.

25. Things we can't control

We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

26. Transferring this contract to someone else

We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

27. English law and courts

This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. Nothing in these terms and conditions affects your rights as a consumer to rely on mandatory provisions of local law in the country where you live.

28. General

We may send all notices under this agreement by email to the most recent email address you have given us, or by displaying the notice when you login to the game.

You can send notices to our email address shown below.

Headings used in this agreement are for information and not binding.

If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply.

If either of us overlooks any breach of this agreement by the other, it can still be actioned later.

A person who is not a party to this agreement can't enforce it unless the agreement says otherwise.

The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement makes any party an agent, employee or representative of the other.

30. Complaints

If you have any complaints, please contact us via the contact details shown below.

31. Information about us

Company name: Fen Research Limited
Country of incorporation: England and Wales.
Registered number: 07285955
Registered office and trading address: St John's Innovation Centre, Cowley Road, Cambridge CB4 0WS, UK.
Contact email address: [email protected]
VAT number: GB 997 9903 27

European representative for EU GDPR related queries: Rickert Rechtsanwaltsgesellschaft mbH, - Fen Research -, Colmantstraße 15, 53115, Bonn, Germany E-mail: [email protected]

European representative for Digital Services Act (DSA) related queries: Rickert Rechtsanwaltsgesellschaft mbH, - Fen Research -, Colmantstraße 15, 53115, Bonn, Germany E-mail: [email protected]