Terms of Use

These Terms of Use (the “Agreement”) constitute a public offer by Individual Entrepreneur Dmitry Nikolaevich Pomelnikov (the “Licensor”, “we”) to enter into a licence agreement for the use of the game “Arkev”. By installing, launching or using the game, you (the “User”) fully and unconditionally accept the terms of this Agreement (acceptance of the offer, cl. 3 of Art. 438 of the Civil Code of the Russian Federation). If you do not agree, do not use the game.

§Contents

1Definitions

• Game / Software — the computer program “Arkev” (package ru.arkev.play) and the related server components, audiovisual and other materials.
• Account — the User’s account in the Game.
• In-Game Items — virtual currency (“gems”, gold), items and other in-game objects that exist only within the Game.
• User content — messages, names, titles and other materials created by the User within the Game.

2Subject matter and licence

2.1. The Licensor grants the User a simple (non-exclusive) royalty-free licence to use the Game in accordance with its functional purpose — personal non-commercial use by way of reproduction (installation and launching) on devices belonging to the User and interaction with the game service.

2.2. The licence is valid in the territory of all countries of the world for the term of existence of the Account. Any means of use not expressly permitted by the Agreement are prohibited.

2.3. The licence is royalty-free. Certain features and In-Game Items may be provided for a fee (section 6), which does not alter the royalty-free nature of the principal licence.

2.4. Updates. The Game is updated both through the app store and by downloading updates to the program code and game materials directly from the Licensor’s servers and from the update delivery service. Such updates may be installed automatically and form part of the Game; their use is covered by this licence. In the build distributed from the website arkev.ru, the Game updates itself: upon your confirmation in the Game it downloads a new version of the application from the Licensor’s servers and installs it. If you have granted the application permission to install unknown applications, the installation may be performed without an additional system dialogue; you may revoke this permission in the settings of your operating system.

2.5. Licensor’s details: Individual Entrepreneur Pomelnikov Dmitry Nikolaevich, OGRNIP 325253600040831, INN 250810935881, e-mail help@arkev.ru. Full details and the contact procedure are published at arkev.ru/contacts.

3Conclusion of the agreement

The Agreement is concluded under the simplified procedure (cl. 5 of Art. 1286 of the Civil Code of the Russian Federation) and constitutes a contract of adhesion (Art. 428 of the Civil Code of the Russian Federation). Acceptance is effected by the User’s implied actions — installing, launching or using the Game, and, in those versions of the Game where a screen for accepting the terms is displayed before use begins, by pressing the acceptance button on that screen. The Licensor records the fact, the date and the version of the documents accepted. The current version of the Agreement is published at arkev.ru/terms and is available within the Game.

4Account

4.1. The Account is created automatically and may be linked to an external sign-in service (VK ID, Google Play Games) — the set of available sign-in methods is determined by the server and may depend on the country and the platform.

4.2. The User is solely responsible for safeguarding access to the Account and is liable for actions performed under their Account.

4.3. The Account and In-Game Items do not constitute the User’s property, are provided within the scope of the licence and may not be transferred, sold, exchanged or given away to third parties otherwise than through the mechanics provided by the Game. Real-money trading in Accounts and In-Game Items is prohibited.

5In-Game Items

5.1. In-Game Items (gems, gold, items) are an element of the gameplay and are provided as part of the licence to use the Game. They do not constitute money, electronic money, digital financial assets or digital currency, have no value or purchasing power outside the Game and may not be exchanged for real money or withdrawn.

5.2. The Licensor is entitled to change the composition, properties, price (in in-game currency), availability and rules of use of In-Game Items, as well as to cancel them in the event of a breach of the Agreement or the discontinuation of the relevant feature or service.

5.3. Certain In-Game Items may be granted with an element of chance (chests and the like). Such mechanics are game mechanics and do not constitute a lottery or gambling within the meaning of the applicable legislation: they involve neither a monetary stake nor a monetary prize, and their outcome remains within the Game.

6Purchases and refunds

6.1. The Game is distributed free of charge. Certain In-Game Items and features may be purchased for a fee. Purchases are made through an app store (Google Play and others) or through an engaged payment provider; settlements and the refund procedure are also governed by the rules of the relevant store/provider.

6.2. We do not store your bank card details. The price and content of paid offers are displayed before the purchase is made.

6.3. In-Game Items purchased constitute digital content supplied immediately. By making a purchase, the User consents to immediate supply and, where permitted by law, acknowledges the loss of the right to withdraw and obtain a refund once use of such content has begun. This clause does not limit consumer rights established by the mandatory provisions of the applicable legislation (in the Russian Federation — the Russian Consumer Rights Protection Act); refund claims are considered in accordance with the applicable law and the rules of the app store.

6.4. A refund for a purchase made in an app store is processed through that store. For purchase-related enquiries, please contact help@arkev.ru.

6.5. Direct payment. A purchase may also be made directly — in the Game, through an engaged payment provider: the User selects a pack in the Game (gem balance → “Top up”), after which the Game opens the provider’s payment page. The arkev.ru/store page lists the packs and their prices for reference only; a purchase cannot be placed on that page. The subject of such a purchase is a specified quantity of In-Game Items (gems). The price is fixed, is stated in Russian roubles for buyers in the Russian Federation, and is displayed before the purchase is made. Bank card details are entered on the payment provider’s side; the Licensor neither receives nor stores them.

6.6. Performance and delivery of the order. The In-Game Items purchased are digital content; there is no physical delivery. The Licensor’s obligation is deemed performed at the moment the purchased In-Game Items are credited to the balance of the User’s game account. Crediting is performed automatically immediately after the payment provider confirms the payment. If the payment is confirmed but crediting has not occurred within 30 (thirty) minutes, the User shall report this to help@arkev.ru, stating the in-game name and the date and amount of the payment; the Licensor will credit the items or refund the amount paid.

6.7. Refunds for direct purchases. A refund claim shall be sent to help@arkev.ru, stating the in-game name, the date and amount of the payment and the reason. The claim is considered within 10 (ten) calendar days of receipt; the refund is made by the same method used for the payment.

7Rules of conduct

The User is prohibited from: violating the law or the rights of third parties; posting in the chat, mail, names, clan titles or other content any information the dissemination of which is prohibited (including insults, incitement of hatred, pornography, promotion of violence, extremism, advertising of prohibited goods, spam, malicious code); impersonating another person; using cheats, bots, exploits and other means of unauthorised interference; extracting data from the servers or interfering with them by automated means; engaging in real-money trading in Accounts or In-Game Items; performing acts that disrupt the normal operation of the Game.

8User content

8.1. The User retains their rights in the content they create and is responsible for its lawfulness.

8.2. By posting content within the Game, the User grants the Licensor a royalty-free non-exclusive licence (with the right to sub-license to the extent necessary for the operation of the Game) to use such content for the functioning, display, moderation and support of the game features (chat, mail, clans and the like) for the entire term and territory of use of the Game.

8.3. The public nature of certain features (general/trade/location/clan chat, the public in-game name) means that content posted therein becomes available to other users.

9Moderation and blocking

The Licensor is entitled to moderate User content, remove prohibited content, restrict access to communication features, suspend or terminate access to the Account (including blocking and deleting the Account) in the event of a breach of the Agreement or of statutory requirements, and to comply with lawful requests of the competent authorities. The Licensor, as the owner of the service, responds to reports of prohibited content.

10Warranties and provision “as is”

The Game is provided on an “as is” and “as available” basis. The Licensor does not warrant uninterrupted and error-free operation, compatibility with all devices, the preservation of game progress or the conformity of the Game with the User’s subjective expectations, and is entitled to modify, suspend or discontinue the Game or any of its individual features. This section applies to the extent that it does not conflict with the mandatory provisions of the applicable consumer protection legislation.

11Liability

11.1. To the maximum extent permitted by the applicable law, the Licensor shall not be liable for indirect losses, loss of profit, loss of data or game progress, nor for interruptions caused by the actions of third parties, communication networks, app stores and sign-in services.

11.2. The limitations of liability do not apply in cases where liability cannot be limited by law (including wilful misconduct; mandatory consumer protection provisions).

11.3. Force majeure. The parties are released from liability for non-performance of obligations caused by circumstances of insuperable force (cl. 3 of Art. 401 of the Civil Code of the Russian Federation).

12Intellectual property

The exclusive rights in the Game and its elements (program code, graphics, sprites, music, texts, characters, the name and designation “Arkev”) belong to the Licensor or are used by it on lawful grounds and are protected by law. The Agreement does not entail the transfer of exclusive rights. Decompilation, modification and any other use of the Game beyond the licence granted are prohibited, save in cases expressly permitted by law.

13Age and legal capacity

The Game is intended for persons aged 16 and over. By using the Game, the User confirms that they have the legal capacity necessary to enter into the Agreement and, in the case of a minor, that they act with the consent and under the responsibility of their legal representatives to the extent permitted by law. Paid purchases by minors are permitted only with the consent of their legal representatives.

14Personal data

Personal data are processed in accordance with the Privacy Policy and, for users from the Russian Federation, also with the Policy on the Processing of Personal Data (Federal Law No. 152-FZ). By acceding to the Agreement, the User confirms that they have read those documents.

15Amendment and termination

15.1. The Licensor is entitled to amend the Agreement unilaterally by publishing a new version at arkev.ru/terms. Continued use of the Game after the amendments take effect signifies agreement with the new version.

15.2. The User is entitled at any time to cease using the Game and to delete their Account (arkev.ru/delete-account). The Licensor is entitled to terminate the licence and/or the Agreement in the event of a breach of its terms, as well as upon discontinuation of the Game.

16Governing law and dispute resolution

16.1. The Agreement is governed by the law of the Russian Federation.

16.2. The parties shall endeavour to resolve disputes through negotiation; for this purpose a pre-action claim procedure is provided (a request to help@arkev.ru, the period for consideration being 30 days).

16.3. If the User is a consumer, disputes are considered by a court under the rules of jurisdiction established by the consumer protection legislation (including, at the consumer’s choice, at the place of their residence or stay); this Agreement does not limit the consumer rights provided for by mandatory provisions of law.

17Final provisions

The invalidity of an individual provision of the Agreement does not entail the invalidity of the remaining provisions. If any term cannot be applied to relations with a consumer, it applies to other users to the maximum extent permitted by law. For all enquiries: help@arkev.ru.