End User License Agreement (Terms of Use)
Dungeon Realms
-
1 General
-
1.1 Welcome adventurer! We are happy that you are here. By deciding to install and use our game Dungeon Realms, you have made an important step that will allow you to experience fantastic adventures in new innovative ways. However, before you can start playing, we need to make sure that you understand what you are going to receive from us and what we expect from you in return. Therefore, before accessing and playing the game and our related services or accessing any related websites, please read this End User License Agreement (the "EULA") carefully.
-
1.2 This EULA applies to the use of Dungeon Realms, a game developed for mobile devices in which you role-play with your chosen character and experience, or even create, fascinating adventures and campaigns using your own storytelling and imagination (the "Game"). By downloading, installing, browsing, opening, accessing or using the Game and our Services, you confirm that you have read this EULA and that you agree to be bound by it. This EULA outlines your rights and obligations when using the Game and our Services related to the Game.
-
1.3 We may amend this EULA. We will announce material changes at least 30 days before they take effect, by a notice in the Game, by e-mail to the address linked to your Account, or on our Website. If you do not agree with a change, you may stop using the Game and terminate this EULA under Article 18 before the change takes effect; continued use of the Game after that date means that you accept the amended EULA. Changes required by law or by the Store Terms, and changes that only add optional features, may take effect immediately.
-
1.4 Please note that the Game uses certain content distributed under the Open Gaming License. You can read more about it in Article 13 of this EULA.
-
1.5 If there is anything you are wondering about in connection with the use of Dungeon Realms or with this EULA, do not hesitate to contact us. We will see what we can do, and you can be sure we will do our best. Please address your questions, suggestions or requests to info@fireballrpg.com.
-
-
2 Definitions
-
2.1 To make this EULA clearer and more readable, we use certain defined terms throughout this EULA. The following capitalized terms have the meanings given below, except where the context otherwise requires:
-
"Fireball", "we", "us" and "our" refer to Fireball Games s.r.o., IČO 24615897, with registered office at Příčná 1892/4, Nové Město, 110 00 Praha 1, Czech Republic, registered in the Commercial Register kept by the Municipal Court in Prague. E-mail: info@fireballrpg.com. Telephone: +420 730 276 151.
-
"Account" means an account created by a User in the Game during Registration.
-
"Agreement" and "EULA" mean this End User License Agreement, which sets forth the rights and obligations of the agreement between you and us.
-
"Content" means any text, images, campaigns, characters or other data of any kind that a User submits to or via the Game or the Services.
-
"Device" means the mobile telephone, tablet or other equipment you use to access the Game or the Services.
-
"Minimum Age" has the meaning given in Article 12.
-
"Privacy Policy" means our Privacy Policy available at fireballrpg.com/privacypolicy.
-
"Register" means to create an Account in the Game, and "Registration" means the act of creating such an Account.
-
"Services" means all services provided by us via and in connection with the Game to the Users, such as the in-game chat, campaign sharing, customer support, and our Discord community and social media pages linked from the Website.
-
"Store" means the digital distribution service from which you obtained the Game: Apple's App Store (operated by Apple Inc. or its affiliates, "Apple") or Google Play (operated by Google LLC or its affiliates, "Google"). "Store Terms" means the terms and conditions of the respective Store, for Apple the Apple Media Services Terms and Conditions.
-
"Subscription" means a paid feature of the Game (for example the Hero Pass) that renews automatically for successive billing periods until cancelled.
-
"Users" means users of the Game, including you, and "User" means any one of them.
-
"Website" means the website https://fireballrpg.com.
-
-
3 Registration and access to the Game
-
3.1 The Game is a gaming platform which allows you to:
-
play original adventure campaigns that have been created by us or by other Users and made available via the Game,
-
create your own adventure campaigns and make them available via the Game, and
-
interact with other Users.
-
You can find a complete description of the Services on our Website and in the Game after its installation.
-
3.2 The Game is currently offered for download exclusively via Apple's App Store and Google Play and runs on mobile devices with iOS or Android operating systems. Future versions of the Game may also be available on other platforms or other types of devices.
-
3.3 You may be required to register an Account with a Store or another platform or service provider, unless the Game is expressly provided in a form where an account is not required. In some cases, you may be required to provide a username or other security protection in order to access and play the Game. You shall not, whether intentionally or through negligence or inaction, allow or enable others to access your Account. We may suspend or close an Account that breaches this EULA or applicable law, or where we reasonably suspect fraud or abuse; where the law requires it, we will tell you the reason and how to object (Article 10.6). You are not permitted to transfer your Account, any in-game currency or characters to another person or entity, unless specifically permitted in this EULA or in writing by us.
-
3.4 Once you pay the respective fees (if applicable), download and install the Game, and successfully complete the Registration process, you will be able to play the Game. In consideration of your payment of any fees (if applicable) and subject to your Registration and compliance with this EULA, you are granted a limited, non-exclusive, non-transferable, revocable license to access and play the Game for your personal, non-commercial use, subject to the other provisions, limitations and restrictions in this EULA.
-
3.5 If the Store is unable to process a payment at any time, your access to the paid features of the Game may be suspended until the payment succeeds.
-
3.6 If enabled by us, you may establish an Account using account data provided to us by a third party, such as Apple or Google sign-in, in which case you may have a separate, additional account relationship with that third party.
-
3.7 You may delete your Account at any time directly in the Game (Account Settings → Delete account) or via https://fireball-rpg-prod.web.app, or by e-mailing us at info@fireballrpg.com. Deleting your Account ends this EULA for you (Article 18). Content you shared with other Users may remain visible as described in Article 10.3. Unused Firegems and remaining Subscription time are not refunded, except where the Store Terms or applicable law provide otherwise.
-
3.8 We do our best to always deliver a great user experience to all Users of the Game. However, please note that we cannot be responsible for the following conditions, which are out of our control:
-
the availability of the User's internet connection (including a backup internet connection) with sufficient capacity to use the Services;
-
the proper functioning of the equipment used by the User when using the Game and the Services (software, hardware, etc.); and
-
the proper functioning of the Internet connection between the User and the data center from which the Services are provided.
-
3.9 For the avoidance of doubt, the provision of the Services and the Game does not include the provision of a Device to access the Game or the Services.
-
3.10 To use the Game or the Services, you will need Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of your agreement with your mobile network provider (the "Mobile Provider") apply when using the Game. As a result, you may be charged by the Mobile Provider for network access for the duration of the connection while accessing the Game, or any such third-party charges as may arise. You accept responsibility for any such charges.
-
3.11 You warrant that all information provided during Registration and contained in your Account is true, complete and accurate, and that you will promptly inform us of any changes by updating the information in your Account. We are not obliged to verify the correctness, accuracy, timeliness or truthfulness of any information provided by you.
-
3.12 By installing, accessing and using the Game, you grant us the right to use the processor, storage and other hardware of your Device to enable the proper operation of the Game. You also acknowledge and agree that the use of the Game may in some cases require that you enable the Game to use certain services or data from your Device (for example system time and date, notifications, etc.).
-
3.13 Because we are constantly trying to improve the Game and your user experience, your access to the Game and/or the Services may be restricted to allow for updates, repairs, maintenance or the introduction of new features or services, as set forth in Article 4 of this EULA. We will attempt to restore such access as soon as we reasonably can. To the extent permitted by applicable law, we reserve the right to withdraw any information or Services from the Game at any time, and we make no representation or warranty that the Game will be available at all times.
-
-
4 Game updates
-
4.1 Because we need to be able to deliver the best experience to all our Users, we reserve the right to change, modify, update or otherwise upgrade the Game from time to time, or to ask you to install additional updates, patches, fixes or hotfixes to the Game. We will provide the updates necessary to keep the Game in conformity with the contract for the period required by law.
-
4.2 Updates may change the Game's terms, conditions, features, items, mechanics or other elements of the Game. In some cases, you must install an update before you are allowed to continue using the Game. If you fail to install a required update, we are not responsible for your inability to use the Game and you are not entitled to a refund or any other form of compensation, except as otherwise provided for by the Store Terms or applicable law.
-
4.3 You are not entitled to receive any new releases of the Game, or any updates, upgrades or similar products under this EULA beyond those required by law, but we may, in our sole discretion, offer any or all of the foregoing to you. You acknowledge and agree that any new release, update or other enhancement of the Game may change the Game's terms, conditions, features, items, mechanics or other elements.
-
-
5 Fees and payment
-
5.1 The Game is currently a "free-to-play" application in which you can access and play certain parts of the Game without paying any fees.
-
5.2 Notwithstanding Article 5.1, we may offer certain content or premium features of the Game for a fee, either as one-time purchases, as Subscriptions (Article 6) or through our in-game currency, the Firegems (Article 7).
-
5.3 All purchases in the Game (one-time purchases, Subscriptions and Firegems) are made through the Store's in-app purchase system. The purchase is processed by the Store under the Store Terms, using the payment method registered in your Store account; we do not receive or store your card details. The price is shown in the Game before you confirm; the Store may add applicable taxes. You are responsible for all Device, Internet access and other costs you incur in order to access and play the Game.
-
5.4 We may change prices for future purchases. Price changes for a running Subscription follow Article 6 and the Store Terms and never affect a period you have already paid for.
-
5.5 Refunds. Because purchases are processed by the Store, refunds are handled by the Store under the Store Terms and applicable law. To request a refund, use the Store's procedure (Apple: reportaproblem.apple.com; Google Play: your order history in the Play Store). We cannot refund payments we did not collect, but we will help you with a Store refund request where we can: write to info@fireballrpg.com with the purchase details.
-
5.6 If you are a consumer in the EU or EEA, you have a statutory right to withdraw from a contract for digital content within 14 days, unless you expressly agreed that delivery starts immediately and acknowledged that you thereby lose the right of withdrawal; the Store asks for this consent at purchase. Nothing in this Article limits your statutory rights, in particular your rights regarding digital content that does not conform to the contract.
-
-
6 Subscriptions
-
6.1 Some features of the Game are offered as Subscriptions. The price, the billing period and any free trial are shown in the Game and in the Store before you subscribe.
-
6.2 A Subscription renews automatically at the end of each billing period, at the then-current price, unless you cancel it at least 24 hours before the current period ends. The Store charges the renewal to your Store payment method within the 24 hours before the new period starts.
-
6.3 You manage and cancel Subscriptions in your Store account settings (Apple: Settings → your name → Subscriptions; Google Play: Payments & subscriptions → Subscriptions). Cancelling in the Game or uninstalling the Game does not cancel a Subscription. Cancellation takes effect at the end of the paid period; you keep the Subscription features until then. Any unused part of a free trial is forfeited when you buy a Subscription.
-
6.4 If we increase the price of a Subscription, the Store notifies you in advance and, where the Store Terms or the law require it, asks for your consent; without your consent the Subscription ends at the end of the current period.
-
-
7 Firegems
-
7.1 For the purposes of this EULA, Firegems are an in-game currency purchasable and usable in the Game and for Game purposes only. Firegems may be sold or provided solely by us in the Game.
-
7.2 Firegems can be used to purchase items and other features of the Game, as specified by us in the Game.
-
7.3 We reserve the right to refuse or cancel orders for Firegems if we determine, at our reasonable discretion, that you received them in error, through fraud or deception, or in any manner not authorized by this EULA.
-
7.4 The price of Firegems may change for future purchases. The price shown on the final purchase confirmation in the Game is the price you pay.
-
7.5 Article 5 of this EULA applies in full to the purchase of Firegems.
-
7.6 Purchases of Firegems and Subscriptions by Users under 18 years of age are governed by Article 12.4.
-
7.7 Notwithstanding any use of the terms "purchase", "buy", "sell", "order" or the like, Firegems you obtain are licensed, not sold, and you do not obtain title to or any ownership interest in them. All use of Firegems is for personal, non-commercial, in-game use only. We reserve all rights to Firegems. Subject to this EULA, you have a limited, non-exclusive, non-transferable and revocable license to use Firegems in accordance with this EULA. If you violate this EULA, you may lose the ability to use Firegems.
-
7.8 Except as provided in Article 5.5 or by the Store Terms or applicable law, Firegems are non-refundable and may not be sold, transferred, assigned, redeemed or exchanged for cash, except between Users of the Game in a manner permitted in the Game. You may not pledge or establish a security interest in Firegems or jointly possess Firegems with another person.
-
7.9 If you breach this EULA or any other applicable terms, or if we reasonably suspect fraudulent, abusive or unlawful activity associated with your Account, we may (a) suspend or limit your access to Firegems in your Account and suspend your access to the Game, or (b) terminate your Account, in each case in accordance with Article 10.6. We also reserve the right to discontinue or modify the Game or the Firegems program, giving reasonable notice where the law requires it. If we suspend or terminate your Account, the right to purchase or use Firegems is suspended or terminated as well.
-
7.10 If you delete your Account, your unused Firegems are no longer usable and are not refunded, except where the Store Terms or applicable law provide otherwise.
-
7.11 To the extent permitted by applicable law and subject to Article 16.11, we are not liable for any damages arising out of or connected with the use or inability to use Firegems.
-
-
8 Game Masters
-
8.1 Campaigns in the Game are run by Users acting as Game Masters. We provide the platform only; we are not a party to the relationship between a Game Master and the players in a campaign and, to the extent permitted by law, are not liable for how a Game Master runs a campaign.
-
8.2 We support creativity and encourage Game Masters to create their own original campaigns. If you think that other Users would enjoy a campaign you created and you would like to offer it to us for distribution via the Game, please contact us at info@fireballrpg.com. We will be more than happy to get in touch and discuss this option.
-
-
9 Obligations of Users
-
9.1 As a User you are obliged to:
-
use the Game and the Account only in accordance with the purpose designated by us;
-
use the Game and the Account, including all Services, in accordance with this EULA and applicable laws;
-
secure the Account as required and appropriate (e.g., with a username, password and/or PIN code) and maintain standard security measures to protect your Account access data and prevent unauthorized use of or access to the Account;
-
secure the Device against third parties; you accept sole responsibility for all activities that occur under your Account on the Device;
-
maintain the confidentiality of the information necessary to access the Account and not allow the use of the Account by third parties;
-
refrain from choosing a username, or naming any other part of the Game, with language that is, alludes to, or can be construed to be sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive, sexist, or otherwise offensive;
-
refrain from posting, uploading or linking to any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically charged, or otherwise offensive imagery or content, or any other content that is illegal or that we reasonably consider inappropriate;
-
refrain from intentionally exploiting any bug in the Game;
-
inform us of any unauthorized use of or access to the Account and ensure the timely revocation or replacement of potentially or actually compromised access data;
-
behave appropriately and not abusively in any of the Services we run;
-
refrain from using any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Game or the Services;
-
behave appropriately in the places where you can share ideas and opinions with other Users (e.g., our Discord community and social media pages) and avoid doing anything that could result in sanctions against us there.
-
-
9.2 As we have invested a lot of effort into the development of the Game, you agree that without our express prior written consent you shall not, and shall not allow any third party to:
-
decompile, disassemble or reverse engineer the Game, including any Services provided, except to the extent applicable law expressly permits it;
-
remove, modify or obscure any copyright or proprietary notices contained in the Game or the Services;
-
use the Game, including any Services provided, to create a similar or competitive product or service;
-
gain unauthorized access to the Game (e.g., through another system or tool);
-
use the Game, including any Services provided, in a manner that violates applicable law or any third party's privacy or intellectual property rights;
-
publish, post, upload or otherwise transmit through the Game or the Services any data that contains viruses, Trojans, worms, time bombs, corrupted files or other computer programs or procedures capable of harming, invisibly capturing or appropriating any systems, data, personal information or property of someone else;
-
transmit spam, chain messages or other unsolicited communications through the Game or the Services;
-
violate the integrity or security of the Game, including any Services provided; or
-
take any action that imposes, or may impose, a disproportionate burden on our infrastructure.
-
-
9.3 If you are not the bill payer for the Device used to access the Game, you will be assumed to have received permission from the bill payer to use the Game.
-
-
10 Content, reporting and moderation
-
10.1 By submitting Content to or via the Game or our Services, you represent that you are the owner of the Content or have proper authorization from the owner to use, reproduce and distribute it.
-
10.2 In order for us to properly provide you with our Services, we need certain permissions from you. For this purpose, you hereby grant:
-
to us, a worldwide, royalty-free, non-exclusive, irrevocable, transferable right and license under all applicable copyright and intellectual property laws, for the purpose of operating, promoting and improving the Game and the Services, to access, use, play, broadcast, reproduce, download, modify, cut, divide, make copies of and make the Content available to the public (in whole or in part), and to promote the Game and the Services on the basis of the Content, including the right to grant sublicenses; and
-
to all Users, a worldwide, royalty-free, non-exclusive license to access and use the Content in the way and manner permitted in the Game;
-
whereby the licenses granted last until the respective Content is completely removed from the Game, or as long as the purpose of this Agreement requires, or as long as the Content is part of other Users' content (whichever occurs later).
-
-
10.3 You are fully responsible for the Content you upload to or via the Game, and you acknowledge and agree that we do not proactively monitor the Content you upload. You further represent that the Content will not be defective or discriminatory, will not violate any third-party rights, and will comply with all laws, this EULA and other applicable rules. We reserve the right to block your access to the Game by banning or suspending your Account and/or to edit or remove any Content which in our reasonable opinion breaches this EULA or applicable law; Article 10.6 applies.
-
10.4 You are solely responsible for your interactions with other Users of the Game. We reserve the right, but have no obligation, to monitor and/or resolve disputes between you and other Users.
-
10.5 Reporting infringement. If you believe that the Content of other Users infringes the intellectual property rights or other rights of third parties, please contact us via e-mail at info@fireballrpg.com or use the report function in the Game. We will try to solve the problem as soon as possible.
-
10.6 Content moderation. We moderate Content to enforce this EULA and the law. Moderation is done by our team on the basis of reports from Users and, where we use them, automated filters (for example for prohibited words or images); a decision to remove Content or to restrict an Account is reviewed by a person before, or promptly after, it is taken. Anyone may report Content they consider illegal or in breach of this EULA through the report function in the Game or by e-mail to info@fireballrpg.com, stating what the Content is, where it is, and why it is illegal or in breach. If we remove or restrict your Content or your Account, we will tell you why and how you can object by e-mail, and we will reconsider the decision on request. Our single point of contact for these matters, for Users and for authorities, is info@fireballrpg.com.
-
-
11 Personal data protection
-
11.1 The processing of personal data by us is governed by the Privacy Policy, which is an integral part of this EULA.
-
11.2 Do Not Sell My Personal Information. To the extent Californian laws apply to you and Fireball sells your personal information as the term "sell" is defined under the California Consumer Privacy Act, you have the right to opt out of the sale of your personal information by us to third parties at any time. You may submit a request to opt out by contacting us at info@fireballrpg.com.
-
-
12 Age
-
12.1 You must be at least 13 years old to use the Game and the Services. If you live in the European Economic Area, the United Kingdom or Switzerland, you must be at least 16 years old (together the "Minimum Age"). Our Game and Services are not intended for, and we do not direct them to, anyone under the Minimum Age.
-
12.2 Children under the Minimum Age may not access or use the Game and our Services. If you are at least of the Minimum Age but under 18 years of age, you need the consent of your parent or guardian to access and play the Game, and your activities in the Game are under their legal responsibility.
-
12.3 Any registration by, use of, or access to the Game by anyone under the Minimum Age, or by anyone under 18 acting without parental or guardian consent, is unauthorized, unlicensed and in violation of this EULA.
-
12.4 You may purchase Firegems, Subscriptions or other paid features only if you are 18 or older, or with the consent of your parent or guardian. In some jurisdictions the law requires verified parental consent before a minor can make purchases; where that applies, purchases are unavailable in the Game until such consent has been given.
-
-
13 Open Game Content
-
13.1 We hereby inform you that the Game uses certain content created and distributed by Wizards of the Coast, LLC as "Open Game Content" under the terms and conditions of the Open Gaming License Version 1.0a (the "OGL"). The full text of the OGL is attached as Annex 1 to this EULA.
-
13.2 A more detailed designation of the Open Game Content which we use in the Game is attached as Annex 2 to this EULA.
-
13.3 No part or element of the Game shall be considered Open Game Content unless explicitly designated as such by us.
-
13.4 You expressly acknowledge and agree that any Open Game Content may be used only under the terms and conditions of the OGL. Any terms of this EULA conflicting with the OGL shall not apply with respect to Open Game Content.
-
-
14 Intellectual property
-
14.1 The Game is the result of our long creative and innovative efforts. You acknowledge and agree that no title or ownership in the Game is transferred or assigned to you and that this EULA shall not be interpreted as a sale of any right in the Game. We are and remain the exclusive holder of all rights, title and interest relating to the Game and the Services, including all copyrights, trademarks, trade secrets, trade names, proprietary rights, source code and its parts, art assets and moral rights, and the Game and the Services are protected by copyright laws and other related regulations. You are granted only the right to use the Game and the Services for your own personal and non-commercial use, to the extent necessary for the use of the Game and the Services in accordance with their purpose and this EULA.
-
14.2 Nothing in this EULA or any other document shall be construed as granting, assigning or transferring to you any intellectual property rights in the Game or the Services or any parts thereof, or in any know-how, trade secrets, documents, technologies, patents or expertise owned by us or used in the operation of the Game and the provision of the Services. This also applies to Content provided by Users, subject to Article 10.2.
-
14.3 You shall not sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer the Game to any third party, whether for profit or free of charge. You shall not copy, transfer or distribute the Game, its hacked or otherwise altered versions, any of its parts or any paid content.
-
14.4 If you distribute or otherwise publish derivative works or modifications of the Game or any parts thereof, you automatically grant us a worldwide, exclusive, irrevocable, perpetual, royalty-free, sublicensable right and license under all applicable copyright and intellectual property laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit the modifications and/or derivative works (or any part of them) in any way we consider appropriate. To the extent permitted by applicable law, you also waive and agree never to assert against us or our affiliates, distributors or licensors any moral rights or similar rights that you may have in respect of such modifications and/or derivative works.
-
14.5 Except for the Open Game Content, which is governed by the OGL, the Game is not free software, copyleft or public domain software. The source code and all art assets of the Game are copyrighted and licensed by Fireball, and any use of them is subject to the rules stated in this EULA or, if applicable, the express consent of Fireball.
-
14.6 Distribution of the original art assets such as models, fonts or textures is not permitted, unless it is necessary to create your own mods. Any commercial use of the Game's source code, art assets or other affiliated assets requires the express consent of Fireball. For this purpose you can contact us at info@fireballrpg.com. This does not affect the Video Policy set out in Article 15.
-
14.7 You shall not, without our prior written approval, rename the Game or remove its identifications, copyrights, logotypes, logomarks, trademarks or other intellectual property notices, information or acknowledgements. Our logomarks and trademarks are and shall remain our sole property. You shall always comply with our guidelines, instructions and requirements regarding their use.
-
14.8 You acknowledge and agree that all content, design elements and materials available in the Game, for example (but not limited to) graphics, logos, designs, characters, objects, environments, worlds, icons, scripts, titles, computer code, themes, character names, stories, dialogs, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation and service names, are owned by us and/or our partners and licensors and may be protected by copyrights, trademarks, patents, trade secrets and/or other intellectual property or proprietary rights. We and our partners and licensors retain all right, title and interest in and to the above, and you may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute it in any form or by any means, unless expressly permitted in this EULA.
-
14.9 You may not upload or republish the Game or Game content on any Internet, intranet or extranet site or incorporate it in any other database or compilation, and any other use of the Game or Game content is strictly prohibited, except as provided in this EULA.
-
14.10 When using the Game and the Services, you are always obliged to proceed in such a way that you do not violate our rights and that you act in accordance with the law, especially copyright law. We may restrict or suspend your Account and your use of the Game or the Services if you breach this EULA. In such a case we will first try to resolve the situation by communicating with you. Suspending the Account and the use of the Game or the Services is the last resort.
-
-
15 Video policy
-
15.1 If you are an authorized User of the Game, you may use our content for the purpose of creating videos (such as tutorials, walkthroughs, reviews, etc.), uploading them to video sharing platforms (such as YouTube) and monetizing them, provided that the video is done in good taste and does not infringe our intellectual property rights or those of any third party, or reflect negatively on us or the Game.
-
15.2 You are not allowed to extract assets from our content and distribute them separately (e.g., sound effects, graphics, music). If you upload a video of the Game, you are encouraged to attach a disclaimer stating that you are posting the material without any affiliation with us or the Game.
-
15.3 We reserve the right to revoke this permission if a video is used in a way we reasonably consider inappropriate, and to request the takedown of any such video at any time.
-
-
16 Warranty and limitation of liability
-
16.1 Nothing in this Article 16 limits or excludes any liability or any right that cannot be limited or excluded under applicable law. If you are a consumer, you keep all your statutory rights, in particular your rights regarding digital content that does not conform to the contract (remedy of the defect, price reduction or termination of the contract).
-
16.2 Subject to Article 16.1, the Game and the Services are provided to the Users "as is", i.e., in the way in which they have been designed and operated, and use of the Game and the Services is at your own risk. Neither we nor our employees, affiliates, agents, distributors or resellers warrant that the Game and the Services will be uninterrupted or error-free, nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information contained in or provided through the Game and the Services. Support is available at info@fireballrpg.com; we are solely responsible for providing it.
-
16.3 You are solely responsible for the proper use of the Game.
-
16.4 To the maximum extent permitted by applicable law, neither we nor our officers, agents or anyone else involved in creating, producing or distributing the Game and the Services shall be liable for any indirect, incidental, special or consequential damages that result from the download, installation or use of, or the inability to use, the Game and the Services, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance, including by reason of acts of God, communication failure, theft, destruction or unauthorized access to our records, programs or services.
-
16.5 We always strive to deliver the best experience. Nevertheless, if the use of the Game or our Services causes you discomfort or inconvenience of any kind, you may send your suggestions to info@fireballrpg.com, or uninstall the Game and stop using our Services.
-
16.6 In rare instances, you may experience seizures when exposed to certain light patterns or flashing lights in the Game or in advertising related to the Game. Exposure to certain light patterns or backgrounds on a screen may induce an epileptic seizure or motion sickness even in persons who have no history of prior seizures or epilepsy. To the maximum extent permitted by applicable law, we take no responsibility for such effects, and you access and play the Game at your own risk. We are also not responsible if you stay awake all night long playing the Game and can't go to school or work in the morning.
-
16.7 You acknowledge that playing the Game may be a very immersive experience and that, in some cases, playing the Game may require you to move or do something else in the real world. You are solely responsible for playing the Game in a safe environment and you undertake to always check your surroundings to avoid accidents. To the maximum extent permitted by applicable law, we shall not be liable for any harm or damage (including physical harm) incurred by you or any third party while playing the Game.
-
16.8 You acknowledge and agree that the Game or the platforms may contain advertising and links to other games, websites or services. To the maximum extent permitted by applicable law, we shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any advertising, content, products, goods or services available on such games, websites, services or platforms.
-
16.9 You further acknowledge and agree that some versions of the Game or related Services may contain personalized advertisements provided by third-party advertising providers. The collection of data for the purpose of such personalized advertising, and the provision of it, are done by the respective advertising providers as described in the Privacy Policy. If you do not wish to receive personalized advertisements or wish to know what data the respective advertising provider collects, please check the Privacy Policy and the terms of the respective advertising provider regarding your options for opting out and for requesting information. To the maximum extent permitted by applicable law, we shall not be held responsible or liable for any loss or damage caused or alleged to have been caused by third-party advertising providers.
-
16.10 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS AS A CONSUMER, WE MAKE NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS EULA, AND WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE GAME WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEMS OR SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
-
16.11 To the extent permitted by applicable law, our total liability to you for all claims arising out of this EULA, the Game or the Services in any twelve-month period is limited to the total amount you paid for the Game and for purchases in the Game through the Store in that period. To the extent permitted by applicable law, we shall not be liable for loss of revenue or profits, loss of business opportunity or business interruption, loss of goodwill or injury to reputation, indirect financial loss, loss of expected savings, damage to your computer hardware, data or software, or special, incidental, punitive or consequential damages, regardless of the form of action or theory of liability.
-
16.12 The limitations and exclusions in this Article 16 do not apply to liability for death or personal injury, for damage caused intentionally or by gross negligence, for breach of mandatory consumer rights, or where their exclusion is otherwise prohibited by applicable law.
-
-
17 Indemnification
-
17.1 To the extent permitted by applicable law, you agree to indemnify and hold us harmless from and against any and all damages, losses and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (i) any breach of your obligations under this EULA, (ii) any Content you have posted, uploaded or otherwise contributed to the Game, (iii) your activities in the Game or through our Services, and (iv) your breach of any applicable laws, regulations or third-party rights.
-
-
18 Termination
-
18.1 The Agreement between you and us lasts until one of the parties (you or we) terminates it. You agree that certain rights and obligations arising from this Agreement continue after its termination, as set out in Article 18.3.
-
18.2 Without prejudice to any other rights, we may terminate the Agreement with immediate effect if you materially fail to comply with this EULA; Article 10.6 applies. In the event of termination, you must delete all copies of the Game from your Device. You may terminate the Agreement at any time by deleting your Account (Article 3.7) and uninstalling the Game from your Device.
-
18.3 All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies or damages, our intellectual property and proprietary rights (including the licenses to Content under Article 10.2), choice of law and jurisdiction, indemnity and miscellaneous provisions survive termination.
-
-
19 Miscellaneous
-
19.1 This EULA is governed by the laws of the Czech Republic, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of the country where you habitually reside. Disputes arising in connection with this EULA, the Game and our Services shall be decided by the competent courts of the Czech Republic; as a consumer you may also bring proceedings in the courts of your country of residence. Consumers in the Czech Republic may use the out-of-court dispute resolution procedure of the Czech Trade Inspection Authority (Česká obchodní inspekce, www.coi.cz); consumers elsewhere in the EU may contact the European Consumer Centre in their country.
-
19.2 You may not use or export the Game in violation of applicable export-control or sanctions laws, including those of the European Union, the Czech Republic and the United States of America. You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
-
19.3 If any part of this EULA becomes invalid, legally ineffective or non-binding, the other parts of this EULA remain in force. The invalid provision shall be replaced by a valid provision whose effect comes as close as legally possible to the content and purpose of the invalid provision.
-
19.4 When you play the Game or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by e-mail, by posting notices in the Game, or by other means we find appropriate. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
-
19.5 Amendments to this EULA are governed by Article 1.3. The current version of this EULA is always available on the Website and in the Game.
-
19.6 This EULA, together with the Privacy Policy and the Annexes, constitutes the entire agreement between you and us with respect to its subject matter and supersedes all previous written or oral agreements with respect to that subject matter. We may assign this EULA to an affiliate or to a successor of our business; we will inform you, and you may terminate this EULA if you object. You may not assign any rights or obligations under this EULA to any third party without our prior written consent.
-
19.7 You acknowledge that the Game is distributed through a Store and that the Store Terms also apply to your purchase and to your use of the copy of the Game obtained from that Store. The Store Terms are incorporated into this EULA by reference. In case of conflict, the Store Terms prevail to the extent of the conflict as regards the purchase and the license of the application copy; this EULA continues to govern your Account, your Content and your use of the Services.
-
19.8 Except as set out in Article 20 (Apple and its subsidiaries), nothing in this EULA confers on any third party any right to enforce any term of this EULA.
-
19.9 The following Annexes form an integral part of this EULA:
-
Annex 1 – Open Gaming License
-
Annex 2 – Designation of Open Game Content
-
-
-
20 Additional terms for the Apple App Store version
-
20.1 If you obtained the Game from Apple's App Store, this Article 20 applies in addition to the rest of this EULA. This EULA is concluded between you and us only, not with Apple. We, not Apple, are solely responsible for the Game and its content. This EULA does not provide for usage rules that conflict with the Apple Media Services Terms and Conditions, which you have had the opportunity to review.
-
20.2 The license granted to you is limited to a non-transferable license to use the Game on Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the Game may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
-
20.3 We are solely responsible for providing maintenance and support services for the Game, as specified in this EULA or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Game.
-
20.4 We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Game to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Game to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our sole responsibility.
-
20.5 We, not Apple, are responsible for addressing any claims by you or any third party relating to the Game or your possession and/or use of the Game, including (i) product liability claims, (ii) any claim that the Game fails to conform to an applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy or similar legislation. This EULA does not limit our liability to you beyond what is permitted by applicable law.
-
20.6 In the event of any third-party claim that the Game, or your possession and use of the Game, infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of such claim.
-
20.7 You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties (see also Article 19.2).
-
20.8 Any questions, complaints or claims regarding the Game should be directed to: Fireball Games s.r.o., Příčná 1892/4, Nové Město, 110 00 Praha 1, Czech Republic; e-mail info@fireballrpg.com; telephone +420 730 276 151.
-
20.9 You must comply with applicable third-party terms of agreement when using the Game, for example your wireless data service agreement.
-
20.10 You and we acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and that, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
-
This EULA was last updated on: October 14, 2026 (Version 2.0).
Open Gaming License
Annex 1
Permission to copy, modify and distribute the files collectively known as the System
Reference Document 5.0 (“SRD5”) is granted solely through the use of the Open Gaming
License, Version 1.0a.
This material is being released using the Open Gaming License Version 1.0a and you should
read and understand the terms of that license before using this material.
The text of the Open Gaming License itself is not Open Game Content. Instructions on using
the License are provided within the License itself.
The following items are designated Product Identity, as defined in Section 1(e) of the Open
Game License Version 1.0a, and are subject to the conditions set forth in Section 7 of the
OGL, and are not Open Content: Dungeons & Dragons, D&D, Player’s Handbook, Dungeon
Master, Monster Manual, d20 System, Wizards of the Coast, d20 (when used as a trademark),
Forgotten Realms, Faerûn, proper names (including those used in the names of spells or
items), places, Underdark, Red Wizard of Thay, the City of Union, Heroic Domains of
Ysgard, EverChanging Chaos of Limbo, Windswept Depths of Pandemonium, Infinite Layers
of the Abyss, Tarterian Depths of Carceri, Gray Waste of Hades, Bleak Eternity of Gehenna,
Nine Hells of Baator, Infernal Battlefield of Acheron, Clockwork Nirvana of Mechanus,
Peaceable Kingdoms of Arcadia, Seven Mounting Heavens of Celestia, Twin Paradises of
Bytopia, Blessed Fields of Elysium, Wilderness of the Beastlands, Olympian Glades of
Arborea, Concordant Domain of the Outlands, Sigil, Lady of Pain, Book of Exalted Deeds,
Book of Vile Darkness, beholder, gauth, carrion crawler, tanar’ri, baatezu, displacer beast,
githyanki, githzerai, mind flayer, illithid, umber hulk, yuan-ti.
All of the rest of the SRD5 is Open Game Content as described in Section 1(d) of the License.
The terms of the Open Gaming License Version 1.0a are as follows:
OPEN GAME LICENSE
Version 1.0a The following text is the property of Wizards of the Coast, Inc. and is Copyright
2000 Wizards of the Coast, Inc (“Wizards”). All Rights Reserved.
1. Definitions: (a)"Contributors" means the copyright and/or trademark owners who have contributed Open Game Content; (b)"Derivative Material" means copyrighted material including derivative works and translations (including into other computer languages), potation, modification, correction, addition, extension, upgrade, improvement, compilation, abridgment or other form in which an existing work may be recast, transformed or adapted; (c) "Distribute" means to reproduce, license, rent, lease, sell, broadcast, publicly display, transmit or otherwise distribute; (d)"Open Game Content" means the game mechanic and includes the methods, procedures, processes and routines to the extent such content does not embody the Product Identity and is an enhancement over the prior art and any additional content clearly identified as Open Game Content by the Contributor, and means any work covered by this License, including translations and derivative works under copyright law, but specifically excludes Product Identity. (e) "Product Identity" means product and product line names, logos and identifying marks including trade dress; artifacts; creatures characters; stories, storylines, plots, thematic elements, dialogue, incidents, language, artwork, symbols, designs, depictions, likenesses, formats, poses, concepts, themes and graphic, photographic and other visual or audio representations; names and descriptions of characters, spells, enchantments, personalities, teams, personas, likenesses and special abilities; places, locations, environments, creatures, equipment, magical or supernatural abilities or effects, logos, symbols, or graphic designs; and any other trademark or registered trademark clearly identified as Product identity by the owner of the Product Identity, and which specifically excludes the Open Game Content; (f) "Trademark" means the logos, names, mark, sign, motto, designs that are used by a Contributor to identify itself or its products or the associated products contributed to the Open Game License by the Contributor (g) "Use", "Used" or "Using" means to use, Distribute, copy, edit, format, modify, translate and otherwise create Derivative Material of Open Game Content. (h) "You" or "Your" means the licensee in terms of this agreement.
2. The License: This License applies to any Open Game Content that contains a notice indicating that the Open Game Content may only be Used under and in terms of this License. You must affix such a notice to any Open Game Content that you Use. No terms may be added to or subtracted from this License except as described by the License itself. No other terms or conditions may be applied to any Open Game Content distributed using this License.
3.Offer and Acceptance: By Using the Open Game Content You indicate Your acceptance of the terms of this License.
4. Grant and Consideration: In consideration for agreeing to use this License, the Contributors grant You a perpetual, worldwide, royalty-free, nonexclusive license with the exact terms of this License to Use, the Open Game Content.
5.Representation of Authority to Contribute: If You are contributing original material as Open Game Content, You represent that Your Contributions are Your original creation and/or You have sufficient rights to grant the rights conveyed by this License.
6.Notice of License Copyright: You must update the COPYRIGHT NOTICE portion of this License to include the exact text of the COPYRIGHT NOTICE of any Open Game Content You are copying, modifying or distributing, and You must add the title, the copyright date, and the copyright holder's name to the COPYRIGHT NOTICE of any original Open Game Content you Distribute.
7. Use of Product Identity: You agree not to Use any Product Identity, including as an indication as to compatibility, except as expressly licensed in another, independent Agreement with the owner of each element of that Product Identity. You agree not to indicate compatibility or co-adaptability with any Trademark or Registered Trademark in conjunction with a work containing Open Game Content except as expressly licensed in another, independent Agreement with the owner of such Trademark or Registered Trademark. The use of any Product Identity in Open Game Content does not constitute a challenge to the ownership of that Product Identity. The owner of any Product Identity used in Open Game Content shall retain all rights, title and interest in and to that Product Identity.
8. Identification: If you distribute Open Game Content You must clearly indicate which portions of the work that you are distributing are Open Game Content.
9. Updating the License: Wizards or its designated Agents may publish updated versions of this License. You may use any authorized version of this License to copy, modify and distribute any Open Game Content originally distributed under any version of this License.
10. Copy of this License: You MUST include a copy of this License with every copy of the Open Game Content You Distribute.
11. Use of Contributor Credits: You may not market or advertise the Open Game Content using the name of any Contributor unless You have written permission from the Contributor to do so.
12. Inability to Comply: If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Open Game Content due to statute, judicial order, or governmental regulation then You may not Use any Open Game Material so affected.
13. Termination: This License will terminate automatically if You fail to comply with all terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses shall survive the termination of this License.
14. Reformation: If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
15. COPYRIGHT NOTICE Open Game License v 1.0a Copyright 2000, Wizards of the Coast, Inc.
System Reference Document 5.0 Copyright 2016, Wizards of the Coast, Inc.; Authors Mike Mearls, Jeremy Crawford, Chris Perkins, Rodney Thompson, Peter Lee, James Wyatt, Robert J. Schwalb, Bruce R. Cordell, Chris Sims, and Steve Townshend, based on original material by E. Gary Gygax and Dave Arneson.
END OF LICENSE
Designation of Open Game Content
Annex 2
All game mechanics and other material in the Game that are derived from the System Reference Document 5.1
(SRD5) are Open Game Content under the OGL, with the exception of the Product Identity listed in Annex 1.
Everything else in the Game, in particular its names, artwork, stories, campaigns, characters, user
interface and software, is not Open Game Content and is our property or the property of our licensors.

