TERMS OF SERVICE

LAST UPDATED: APRIL 1, 2026  ·  EFFECTIVE DATE: [TO BE SET AT LAUNCH]

DRAFT — This document is pending review by licensed counsel and is not yet effective.

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you and [Developer Legal Entity Name — to be confirmed before publication] ("Company," "we," "our," or "us"), governing your access to and use of the Scorched Reach mobile application, website at scorchedreach.com, and all related services (collectively, the "Service").

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

If you are accepting these Terms on behalf of a minor child, you represent that you are the parent or legal guardian of that child and you accept these Terms on the child's behalf.

These Terms are in addition to, and do not replace, the terms of the platform through which you download the Service (Apple App Store Terms of Service; Google Play Terms of Service). In the event of a conflict between these Terms and those platform terms, the platform terms govern with respect to the platform's services; these Terms govern with respect to the Service itself.

2. ELIGIBILITY AND AGE REQUIREMENTS

2.1 Minimum Age

The Service is intended for users who are at least 13 years of age. If you are between 13 and 17 years of age, you may only use the Service with the consent and oversight of a parent or legal guardian who has read and agreed to these Terms on your behalf.

We do not knowingly permit use of the Service by children under 13. If you are under 13, you may not use the Service. Period.

2.2 COPPA Compliance — Users Under 13

In compliance with the Children's Online Privacy Protection Act ("COPPA"), we do not knowingly collect personal information from children under 13 years of age without verifiable parental consent. If we discover that a user is under 13, we will promptly delete that account and all associated personal information.

If you are a parent or guardian and believe your child under 13 has created an account or provided personal information without your consent, please contact us immediately at [email protected]. We will take prompt action to delete the account and associated data.

2.3 Account Authority

By creating an account, you represent and warrant that: (a) you are at least 13 years of age; (b) if you are between 13 and 17, a parent or guardian has consented to these Terms; (c) you have the legal capacity to enter into a binding agreement; and (d) all registration information you provide is accurate and truthful.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

You must create an account to access core features of the Service. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and current.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to: (a) choose a strong, unique password; (b) not share your account credentials with any third party; (c) notify us immediately of any unauthorized use of your account at [email protected]; and (d) log out of your account at the end of each session on shared devices.

We are not liable for any loss or damage arising from your failure to comply with these security obligations.

3.3 One Account Per Person

You may not create or use more than one account. Accounts are not transferable. The sale, transfer, or assignment of accounts is prohibited.

3.4 Account Termination

We reserve the right to terminate or suspend your account at any time for violation of these Terms, including but not limited to cheating, GPS spoofing, harassment, or other prohibited conduct described in Section 8. We will provide reasonable notice where practicable.

4. THE SERVICE — DESCRIPTION AND LICENSE

4.1 Description

Scorched Reach is a location-based mobile game that uses your device's GPS to map real-world locations to themed in-game locations ("Ruins"). Players scavenge Ruins for in-game resources, manage in-game characters ("Recruits"), build in-game shelters, and participate in real-time faction territory conflict with other players.

4.2 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

This license does not include the right to: sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the Service; modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works from the Service; use any automated means to access the Service; or scrape, mine, or harvest data from the Service.

4.3 Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice. We may update game content, balance parameters, feature availability, and pricing at any time. We will make reasonable efforts to notify you of material changes to pricing through in-app communication or email.

5. SUBSCRIPTION TERMS

5.1 Free Tier (Drifter Rank)

The Service includes a free tier ("Drifter Rank") that provides access to the core game loop including GPS scavenging, Recruit hiring, Shelter building, and real-time faction conflict, subject to capacity limits. The free tier is not a trial — it is a permanent, functional level of the Service.

5.2 Pro Subscription — Scorched Reach Pro

"Scorched Reach Pro" is a paid auto-renewing subscription that unlocks expanded capacity including higher rank ceilings, additional Shelter and Recruit slots, and expanded storage. The subscription is offered at the following prices:

Prices may vary by region and are subject to change with advance notice. Applicable taxes may apply.

5.3 Auto-Renewal Disclosure

IMPORTANT — PLEASE READ CAREFULLY:

Your Scorched Reach Pro subscription will automatically renew at the end of each subscription period (monthly or annual) unless you cancel it at least 24 hours before the end of the current period. You will be charged through your Apple App Store or Google Play account. The charge will occur within 24 hours prior to the end of the current period.

How to cancel:

Cancellation takes effect at the end of the current billing period. You will retain Pro access until the period ends.

5.4 Free Trials and Promotional Offers

If a free trial is offered, it will convert to a paid subscription automatically at the end of the trial period unless cancelled before the trial expires. The price, duration of the trial, and renewal terms will be disclosed at the time of the offer.

5.5 Price Changes

We will give you reasonable advance notice of any price change. Your continued use of the Pro subscription after the effective date of a price change constitutes your acceptance of the new price.

5.6 Refunds

All purchases are processed through Apple App Store or Google Play. Refund requests are governed by the applicable platform's refund policy. We do not process refunds directly. You may request a refund from:

5.7 Subscription Lapse — Effect on Account

If your Pro subscription lapses, your account will revert to Drifter Rank. Your Tier 2+ assets (Recruits, Shelters, progress) will remain in our database and become accessible again immediately upon resubscription. No assets are deleted on subscription lapse.

6. VIRTUAL CURRENCY AND IN-GAME ITEMS

6.1 In-Game Currency — Chips

The Service uses an in-game currency called "Chips" that can be earned through gameplay. Chips have no real-world monetary value. They cannot be redeemed for real money or transferred outside the Service. Chips are a license to use in-game features, not a financial instrument or property.

6.2 No Cash Value; No Refunds

All in-game items, currencies, Recruits, and progress are virtual items licensed to you for use within the Service. They have no cash value and cannot be sold, transferred, or exchanged outside the game. We do not offer refunds for virtual items or in-game progress except as required by applicable law or platform policy.

6.3 No Real Money Trading

The sale, trade, or transfer of in-game items, accounts, Chips, or any in-game value for real money or real-world goods is prohibited and will result in account termination.

7. LOCATION SERVICES

7.1 GPS Requirement

The Service requires access to your device's GPS and location services to function. Core gameplay features — including Ruin discovery, scavenging, and shelter placement — require real-time GPS data. If you deny location permissions, core features of the Service will be unavailable.

7.2 Consent and Purpose

By enabling location access for the Service, you consent to the collection and use of your GPS coordinates for the purpose of providing gameplay features. Location data is used to: determine which in-game Ruins are accessible to you; validate scavenge actions server-side; and provide map features on the marketing website. For full details of how location data is collected, stored, and processed, please see our Privacy Policy.

7.3 Safety

The Service is a walking game that requires outdoor movement. You are responsible for your own safety at all times. Do not use the Service while operating a motor vehicle, bicycle, or other vehicle. Be aware of your physical surroundings at all times. We are not responsible for any injury, loss, or damage arising from your movement or activities while using the Service.

8. USER CONDUCT AND PROHIBITED BEHAVIOR

8.1 Prohibited Conduct

You agree not to:

(a) Cheat or exploit:

(b) Harass or harm others:

(c) Violate laws or third-party rights:

(d) Interfere with the Service:

8.2 Enforcement

We may investigate suspected violations and take any action we deem appropriate, including issuing warnings, suspending accounts, permanently banning accounts, and reporting conduct to law enforcement. Server-side validation is in place to detect GPS spoofing and automated play; accounts exhibiting these patterns will be terminated without refund.

9. USER CONTENT

9.1 Limited User Content

The Service does not currently offer user-generated content features such as forums or public posts. Your username, player name, and faction affiliation ("User Content") are visible to other players as part of the gameplay experience.

9.2 License to User Content

By using the Service, you grant us a worldwide, royalty-free, perpetual, irrevocable license to use your User Content (including username and in-game name) to operate, display, and provide the Service.

9.3 Username Standards

Your chosen username must not be: offensive, discriminatory, or harassing; impersonating another person; a trademark or brand name you do not own; or otherwise in violation of these Terms. We reserve the right to require you to change a username that violates these standards.

10. INTELLECTUAL PROPERTY

10.1 Our IP

All content in the Service — including but not limited to game design, artwork, faction graphics, sound effects, music, text, software, and the compilation thereof — is owned by or licensed to us and is protected by copyright, trademark, and other intellectual property laws. The Scorched Reach name and logo are trademarks of [Legal Entity Name].

10.2 OpenStreetMap Attribution

This Service uses map data from OpenStreetMap, © OpenStreetMap contributors, licensed under the Open Database License (ODbL). Map tiles are © OpenStreetMap contributors. Attribution is displayed within the in-game map interface and on the marketing website. The ODbL license governs use of the map data; we comply with its attribution requirements.

10.3 Leaflet

This Service uses the Leaflet mapping library, © Vladimir Agafonkin, licensed under the BSD 2-Clause License.

10.4 Restrictions

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material in our Service except as expressly permitted by these Terms.

11. THIRD-PARTY SERVICES AND LINKS

The Service integrates with and relies upon certain third-party services:

These services are governed by their own terms and privacy policies. We are not responsible for the practices of third-party services. Links to third-party websites or services are provided for convenience; we do not endorse any third party.

12. DISCLAIMERS AND LIMITATION OF LIABILITY

12.1 As-Is Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12.2 No Warranty on Virtual Items

We make no warranty regarding the continued availability of any in-game feature, virtual item, or progress. Virtual items, Recruits, Chips, and progress may be modified, removed, or reset at any time.

12.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) USD $10.00.

12.4 Essential Basis of Bargain

THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. WITHOUT THEM, WE WOULD NOT PROVIDE THE SERVICE.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

14. DISPUTE RESOLUTION

14.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to attempt to resolve disputes informally by contacting us at [email protected]. We will attempt to resolve the dispute within 30 days of receiving your notice.

14.2 Governing Law

These Terms and any dispute arising out of or relating to the Service shall be governed by the laws of [Jurisdiction — to be confirmed: developer's state/country of incorporation], without regard to conflict of law principles. [Note for counsel: jurisdiction selection should align with where the legal entity is incorporated and where the developer is based.]

14.3 Arbitration

[Note for counsel: Consider mandatory arbitration clause with class action waiver for US users. Review enforceability in applicable jurisdictions, particularly EU/UK where mandatory arbitration may be unenforceable for consumer disputes. Draft appropriate carve-outs.]

For users in the European Union or United Kingdom: Nothing in these Terms affects your rights under mandatory consumer protection laws in your country of residence, including your right to bring claims before the courts of your country of residence or applicable alternative dispute resolution mechanisms.

14.4 Class Action Waiver

[Note for counsel: Draft and review class action waiver language for applicable jurisdictions.]

14.5 Time Limitation on Claims

Any claim arising out of or relating to these Terms must be brought within one (1) year after the cause of action accrues. Claims not brought within this period are permanently barred.

15. CHANGES TO TERMS

We reserve the right to update these Terms at any time. We will notify you of material changes by: (a) posting a notice in the Service; (b) sending an email to your registered address; or (c) requiring you to affirmatively accept the updated Terms before continued use.

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.

16. TERMINATION

16.1 Termination by Us

We may suspend or terminate your access to the Service at any time for violation of these Terms. Upon termination, your license to use the Service terminates immediately. We may delete your account and all associated data, subject to our Privacy Policy retention obligations.

16.2 Termination by You

You may terminate your account at any time by: (a) using the account deletion feature within the app; or (b) contacting us at [email protected] with a deletion request. See our Privacy Policy for information about data retention following account deletion.

16.3 Survival

Sections 6 (Virtual Currency), 10 (Intellectual Property), 12 (Disclaimers), 13 (Indemnification), 14 (Dispute Resolution), and any other provision that by its nature should survive, will survive termination of these Terms.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms, together with our Privacy Policy, EULA, and any other agreements expressly incorporated herein, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, representations, and understandings.

17.2 Severability

If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer your rights under these Terms. We may assign our rights under these Terms without restriction.

17.5 No Third-Party Beneficiaries

These Terms do not confer any rights on any third party except as expressly stated herein.

17.6 Apple — Additional Terms for iOS Users

The following additional terms apply to users who access the Service through the Apple App Store: (a) these Terms are between you and the Company, not with Apple; (b) Apple is not responsible for the Service or its content; (c) Apple has no obligation to provide maintenance or support for the Service; (d) in the event of any failure of the Service to conform to applicable warranties, you may notify Apple and Apple may refund the purchase price (if any); (e) Apple is not responsible for addressing your claims or those of any third party relating to the Service; (f) Apple is a third-party beneficiary of these Terms with the right to enforce the applicable provisions against you.

18. CONTACT INFORMATION

For questions about these Terms:

[Legal Entity Name]
Email: [email protected]
Support: [email protected]

For EU/UK users — for questions about your data rights under GDPR or UK GDPR: [email protected]

DRAFT — This document has not been reviewed by licensed counsel in all applicable jurisdictions. Do not publish without legal review. Key items requiring counsel review before publication: (1) legal entity name and address; (2) governing law and jurisdiction; (3) arbitration clause with class action waiver; (4) EU/UK mandatory consumer law carve-outs; (5) California-specific provisions (CCPA/CPRA); (6) any required local-language translations for mandatory jurisdictions.