This Terms of Service document (”Agreement”) is a legally binding agreement between 2AM (”we”, “us”, “our”) and you (”you”, “user”). "Layer2" or "the Game" refers to the Layer2 mobile game together with its related software, content, and online services.
Eligibility
Children are not eligible to enter into this Agreement on their own behalf. We define “children” as follows:
- Residents of the EEA: anyone under 16 years old, or the age needed to consent to the processing of personal information in your country of residence.
- Residents of the Republic of Korea: anyone under 14 years old.
- Residents of other regions: anyone under 13 years old or the age needed to consent to the processing of personal information in that region.
If you are a child, your parent or legal guardian must review this Agreement and accept it on their own behalf, and must also provide consent for the processing of your personal information as described in the Privacy Policy.
By agreeing to this Agreement, you represent that you meet these requirements, and where you are a child, that your parent or legal guardian has reviewed and accepted this Agreement and the Privacy Policy on your behalf
Account
To access the Game, you are required to sign in with your Apple or Google account.
- You are responsible for all the activities that occur under your account.
- You are responsible for maintaining the confidentiality of your account. In the event of theft, unauthorized use, or any other personal security breach, you are not entitled to compensation from 2AM.
- You shall not transfer, share, or otherwise make your account information available to third parties. You shall not use accounts of third parties.
Furthermore, to access the Game you must allow it to access your Precise Location, which is necessary for the core location-based functionality of the Game. You understand that your geolocation information will be shared with us and be stored in the Game servers, and that the collection and use of this information is described, together with its legal basis, in the Privacy Policy.
Game License
We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use (”play”) the Game for your personal, non-commercial entertainment purposes only.
The rights granted to you under this license are subject to the terms of this Agreement and the Privacy Policy, and you may use this license only if you comply with all terms. The license becomes effective on the date that you accept these terms.
By accepting this Agreement, you understand and acknowledge that the Game software is licensed, not sold to you. This license does not grant you any title or ownership of the Game or its software.
You agree not to:
- Sell, rent, lease, or distribute the Game or any part of it.
- Copy, modify, or create derivative works based on the Game.
- Use cheats, exploits, automation software, bots, GPS spoofing, or hacks.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Game, except to the extent expressly permitted by applicable law.
- Run the Game on emulators or any software designed to simulate or run the Game outside its intended environment.
- Modify or tamper with client files, network traffic, or game state, or take advantage of bugs, glitches, or undocumented behaviour to gain an unfair advantage.
- Engage in win trading, ranking manipulation, account boosting, or any coordinated behaviour designed to distort competitive outcomes or rankings.
- Disrupt, overload, or interfere with the operation of the Game or its servers, including through denial-of-service attempts or by introducing malware.
- Attempt to gain unauthorized access to other players' accounts, to 2AM systems, or to any data not intended for you.
- Scrape, harvest, or otherwise collect personal data of other players from the Game.
- Harass, threaten, or abuse 2AM staff or customer-support personnel.
- Use the Game for gambling or betting, or for any activity in which prizes or rewards can be won (directly or indirectly), outside of features expressly offered by 2AM.
Updates to the Service
The Game is an evolving service. 2AM may update, modify, add, or remove features, content, or functionality of the Game at any time, with or without notice. You may be required to install client updates in order to continue using the Game; if you do not install a required update, some or all features may become unavailable. 2AM is not obligated to maintain backward compatibility with older versions of the Game or with any third-party software.
In-Game Purchases
The Game offers in-app purchases, such as virtual items or currency (“Virtual Goods”). Virtual Goods do not have any real-world value and cannot be exchanged for real money.
Under most circumstances, purchases of Virtual Goods are final and non-refundable. We will not provide any compensation for or refund for Virtual Goods, including the following events:
- Your account is terminated by us as a result of your violation of this Agreement.
- The agreement is terminated by you.
- The service is terminated (Termination of Service).
You are responsible for all charges and fees associated with purchases you make within the Game. If you are a minor, you must have your parent or legal guardian’s permission before making any purchases.
Our Customer Support handles refund requests for Virtual Goods on a discretionary basis. Where a request is not covered by a statutory right (described below), the decision to approve or deny it depends on the extent to which the Virtual Goods have been used (e.g., whether a one-time-use item was consumed and the benefit received by you).
Statutory withdrawal rights: If you are a consumer in the European Union, you have a legal right to withdraw from a purchase of Virtual Goods within 14 days of the purchase. If you withdraw within that period, you are entitled to a refund for the portion of virtual currency you have not yet spent; virtual currency you have already spent during that period is treated as performed and is not refundable.
Purchases are processed by the store through which you bought them. For Google Play purchases, you may request a refund from us or from Google. For Apple App Store purchases, refunds are processed by Apple; you can request one through Apple, and we will provide Apple with the information needed to assess your request. Nothing in this section limits any mandatory refund rights you have under the consumer-protection laws of your country of residence.
User Conduct
2AM may offer various websites, forums, communities, or interactive features, within or outside of the Game, that allow you to post content (”User Generated Content”) in text or audiovisual form. We reserve the right to monitor, moderate, or remove User Generated Content at any time without prior notice.
You agree not to engage in the following activities:
- Harassing, bullying, or threatening other players.
- Posting or sharing offensive, obscene, or illegal content.
- Posting content that invades the privacy or safety of others.
- Impersonating another person or entity.
You understand that:
- Any User Generated Content you post may be copied, used, or discussed by other users within or outside of the Game.
- We cannot guarantee that User Generated Content you encounter is compliant with the User Conduct terms, we will nonetheless do our best to moderate content in a timely manner.
We reserve the right to take action, including suspending or terminating your account, if we determine that you have violated these Terms.
Game Tests
We may conduct public or invite-only tests for the Game, via Apple TestFlight or Google Closed/Open Testing. The details of those tests will be shared with testers inside the Game.
Unless if otherwise stated in the test details, none of the accounts and game data related to tests will be applied to the live version of the Game, and any progress made will be lost once the test concludes.
We do not provide any warranty for the Game during these tests, nor guarantee that all features tested will be available at the live version of the Game. You understand that tests are a way for us to measure the load capacity of our game servers, review gameplay aspects, and catch bugs before content is implemented to the live version of the Game.
The Terms of Service and Privacy Policy that you agree to during these tests may not be the same as the live version of the game. You understand that you are obligated to review these terms again (if applicable) when participating in different test phases, and when moving on to the live version of the Game.
Termination of the Agreement
Termination by the User
You can choose to terminate the Agreement at any time via the Account Deletion option in the Game's settings. Upon termination, you will lose access to your Account and forfeit any in-game currency or Virtual Goods.
Termination by Us
We may permanently terminate or temporarily suspend your account or access to the Game at any time, with or without notice, if we believe you have violated any Terms in the Agreement. Upon permanent termination, your right to use the Game will immediately cease, and you will forfeit any in-game currency or Virtual Goods. Nothing in this section affects any statutory refund right you may have in respect of Virtual Goods purchased but not yet used, where your account is terminated other than as a result of your breach of this Agreement.
Termination of Service
We may decide at any time to stop providing the Game to all Users, by permanently turning off the Game's servers. In such a scenario, we will make a public announcement 60 days before the date of termination of the Game.
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless 2AM, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
- Your access to or use of the Game.
- Your violation of these Terms.
- Your violation of any third-party right, including any intellectual property, privacy, or other proprietary right.
- Any dispute or issue between you and any third party.
- Any User Generated Content posted by you.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claims. This indemnification obligation does not apply to the extent a claim arises from our own breach of this Agreement, and does not affect any mandatory rights you have as a consumer.
Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Game is provided "as is" and "as available," without warranties of any kind, whether express or implied, including without limitation any warranties of merchantability, fitness for a particular purpose, title, non-infringement, or those arising from course of dealing or usage of trade. 2AM does not warrant that the Game will be uninterrupted, error-free, secure, or that any defects will be corrected. Nothing in this section excludes or limits warranties or remedies that cannot be excluded or limited under applicable consumer-protection law.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall 2AM, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of, or inability to access or use, the Game.
- Any conduct or content of any third party on the Game.
- Any unauthorized access, use, or alteration of your transmissions or content.
- Any other matter relating to the Game.
In no event shall the total liability of 2AM for all claims relating to the Game exceed the amount you paid, if any, for accessing or using the Game during the past 12 months.
General Provisions
Force Majeure. 2AM is not liable for any delay or failure to perform under this Agreement to the extent the delay or failure is caused by events beyond its reasonable control, including without limitation acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, failures of third-party infrastructure, or interruptions of internet, telecommunications, or power services.
Assignment. 2AM may assign or transfer this Agreement, in whole or in part, to any affiliate or successor (including in connection with a merger, acquisition, restructuring, or sale of assets), without your consent. You may not assign or transfer this Agreement or any of your rights or obligations under it without 2AM's prior written consent, and any attempted assignment without consent is void.
Entire Agreement. This Agreement, together with the Privacy Policy and any other documents expressly incorporated by reference, constitutes the entire agreement between you and 2AM regarding the Game and supersedes any prior or contemporaneous understandings, whether written or oral.
No Waiver. Failure or delay by 2AM to enforce any provision of this Agreement is not a waiver of that provision or of any other provision. A waiver is effective only if made in writing and signed by an authorized representative of 2AM.
Notices. Legal notices to 2AM should be sent to legal@playlayer2.com. 2AM may give notices to you by posting them in the Game, by sending them to the email address associated with your account, or by any other reasonable means.
Changes to the Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms in the Game or through other communication channels. For changes that do not materially reduce your rights, your continued use of the Game after the changes take effect constitutes your acceptance of the revised Terms. For changes that materially reduce your rights or increase your obligations, we will ask you to affirmatively accept the revised Terms before you continue using the Game; if you do not accept, you may stop using the Game and delete your account.
Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed to the extent necessary, and the remainder of this Agreement will continue in full force and effect. Where possible, the invalid provision will be replaced with a valid provision that comes closest to the original intent.
Governing Law
These Terms are governed by and construed in accordance with the laws of the Netherlands. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Amsterdam.