Last updated: March 18, 2026
Effective date: March 18, 2026
Please read this Agreement carefully. This is a legal document that explains your rights and obligations related to your use of the Software, including any Services you access or purchases you make through the Software. By downloading or using the Software, or by otherwise expressing your acceptance of this Agreement, you agree to be bound by its terms. If you do not agree or cannot agree to the terms of this Agreement, do not download or use this Software.
Please review PGCS's Privacy Policy, which can be found at https://www.pgcstecnologia.com/privacypolicy, which also governs your use of the Software and Services, so that you understand our practices. If you use third-party Software or Services, their privacy policies (licensor or distributor) may also govern your use of that Software or Services. In addition, your use of the Services is also governed by the PGCS Terms of Service, which can be found at https://www.pgcstecnologia.com.br/services. By downloading or using the Software, you also agree to the PGCS Terms of Service and acknowledge that you have read the PGCS Privacy Policy.
Certain words or phrases carry defined meanings when used in this Agreement. These words and phrases are defined below in Section 16.
NOTE: THIS AGREEMENT IS SUBJECT TO A CLASS ACTION WAIVER, AS DETAILED IN SECTION 12.
1. License Grant
PGCS grants you a limited, personal, non-exclusive, non-transferable, and non-sublicensable right and license to use the Software and Services for your personal and non-commercial use (the “License”). The rights PGCS grants you through the License are subject to the terms of this Agreement, and you may only exercise the License if you comply with all applicable terms.
The License becomes effective on the date you accept this Agreement. The Software is licensed, not sold, to you under the License. The License does not grant you any title or ownership of the Software.
Some Software and Services may be subject to additional terms specific to that Software or Service, including, for example, Software-Specific Terms. By using Software or a Service subject to additional terms, you agree to such additional terms.
2. License Conditions
With respect to the Software or any part or module thereof, you shall not: (a) use it commercially or for promotional purposes; (b) use it on more than one device at a time; (c) copy, reproduce, display, perform, or otherwise use it in any manner not expressly authorized in this Agreement or its Software-Specific Terms; (d) sell, rent, lease, license, distribute, or otherwise transfer it; (e) reverse engineer, derive source code, modify, adapt, translate, decompile, or disassemble the Software or create derivative works based on it; (f) remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it; (g) create, develop, distribute, or use any unauthorized software to gain an advantage in any online game or other game mode; (h) use it to infringe or violate the rights of third parties, including, without limitation, any intellectual property, publicity, or privacy rights; (i) use, export, or re-export the Software in violation of any applicable law or regulation; or (j) behave in a manner that is harmful to other users' enjoyment of the Software or Services as intended by PGCS, in PGCS's sole discretion, including, without limitation — cheating, harassment, offensive or abusive language, game abandonment, game sabotage, spam, social engineering, or scams.
3. Updates and Patches
PGCS may provide patches, updates, or upgrades to the Software that must be installed for you to continue using the Software or Services. PGCS may update the Software remotely without notifying you, and you consent to PGCS applying patches, updates, and upgrades. PGCS may modify, suspend, discontinue, substitute, swap, or limit your access to any aspect of the Software or Services at any time. You acknowledge that your use of the Software or Services does not entitle you to any participation, monetary or otherwise, in any aspect or feature of the Software or Services, including, without limitation, in-game rewards, achievements, and character levels. You also acknowledge that any character data, game progress, game customization, or other data related to your use of the Software or Services may cease to be available to you at any time without prior notice from PGCS, including, without limitation, after a patch, update, or upgrade is applied by PGCS. PGCS has no maintenance or support obligations with respect to the Software or Services.
4. Mods
PGCS may allow you to use the Services to create, develop, upload, submit, transmit, or otherwise make available to PGCS and other users additions, improvements, modifications, or other user-generated content for certain video games (“Mods”), as permitted by the developer or publisher of such video games (“Rights Holder”). You will comply with all applicable third-party end user license agreements, policies, and terms of service associated with the Mods, including any policy or agreement provided by the Rights Holder. Regarding each Mod, you will make full and accurate disclosures in response to all requests by PGCS or the Rights Holder regarding the use of intellectual property in the Mod, the Mod's data security and privacy measures and processes, and information relevant to content ratings, and you are responsible for ensuring that the Mod is and remains compatible with the Services and the applicable video game(s).
You confirm and agree that your Mods (1) do not violate any applicable law, (2) do not violate or infringe any third-party rights, including intellectual property, privacy, publicity, or moral rights, and (3) do not contain any viruses, malicious content or code, such as any software that interferes with, disrupts, damages, or provides unauthorized access to devices, servers, networks, or other properties or services of any third party. PGCS reserves the right to remove any Mods at its discretion.
PGCS does not sell your Mods unless you have entered into a separate agreement with PGCS authorizing you to do so. You confirm and agree that (1) you are not entitled to any compensation from PGCS for your Mods, except as expressly provided in a separate agreement with PGCS, (2) PGCS has no obligation to accept, distribute, or make available any of your Mods, (3) PGCS shall provide your email address to the Rights Holders to enable them to contact you regarding your Mods, and (4) PGCS may forward claims or notices that you do not hold all necessary rights to your Mod.
By submitting Mods to PGCS, you hereby grant PGCS a non-exclusive, fully paid-up, royalty-free, and revocable license to use, copy, modify, distribute, publicly perform, and publicly display your Mods for the purpose of enabling end users to install and use the Mods.
5. Feedback
If you provide any Feedback to PGCS, you hereby grant PGCS a non-exclusive, unpaid, royalty-free, irrevocable, perpetual, transferable, and sublicensable license to use, reproduce, distribute, modify, adapt, prepare derivative works, publicly perform, publicly display, make, have made, use, sell, offer for sale, import, and otherwise exploit that Feedback for any purpose, for all current and future methods and forms of exploitation in any country. If such rights cannot be licensed under applicable law (such as moral rights and other personal rights), you waive the right to assert them.
You understand and agree that PGCS is not obligated to make any use of any Feedback you provide. You agree that if PGCS uses your Feedback, PGCS is not required to credit or compensate you. You represent and warrant that you have all applicable rights to any Feedback you provide to PGCS and are able to grant the rights set forth above to PGCS and other affected parties. This includes, among other things, intellectual property rights and other personal or property rights.
6. Ownership / Third-Party Licenses
PGCS and its licensors own all title, ownership rights, and intellectual property in the Software and Services. PGCS Tecnologia, the games and projects supported by private and public bodies, and their respective logos are trademarks or registered trademarks. All rights granted under this Agreement are granted only as an express license and not by sale or assignment. No license or other rights shall be created under this Agreement by implication, estoppel, or otherwise.
7. Disclaimer and Limitation of Liability
The Software and Services are provided "as is" and "as available," "with all faults," and without warranty of any kind. PGCS, its licensors and service providers, as well as its sponsors and supporters, disclaim all representations, warranties, and conditions (whether express or implied) with respect to the Software and Services, including, without limitation, non-infringement, fitness for the intended purpose, or fitness for any particular purpose (whether or not PGCS knows or has reason to know of such purpose), whether arising by law, by reason of custom, usage in the market, or course of dealing. Without limiting the foregoing, the PGCS Parties do not warrant that (1) the Software or Services will operate properly, (2) the operation of the Software or Services will be uninterrupted or free from failures, errors, or malware (such as viruses), or (3) any defects in the Software or Services can or will be corrected. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, the PGCS Parties shall not be liable for any lost profits or any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or related to this Agreement, the Software, or the Services, even if a PGCS Party has been advised of the possibility of such damages. Furthermore, to the maximum extent permitted by applicable law, the aggregate liability of the PGCS Parties arising out of or related to this Agreement, the Software, or the Services shall not exceed the total amounts you have paid (if any) to PGCS for the specific Software or Service to which the liability relates during the 12 months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any legal remedies available do not provide adequate compensation.
For purposes of the above exclusion of certain warranties and limitation of liability, unless there is a developer warranty disclaimer or limitation of developer liability in Software-Specific Terms for the Software or Service accepted by you, the term "PGCS Parties" includes the developer of Software or a Service licensed to you under this Agreement (whether PGCS, its affiliate, or a third party).
Notwithstanding the foregoing, some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the above exclusions and limitations will apply only to the extent permitted by the laws of such jurisdictions. In addition, you may have additional legal rights in your jurisdiction. Nothing in this Agreement will prejudice the legal rights you may have as a consumer of the Software or Services.
8. Indemnity
You agree to indemnify, pay the costs of defense, and hold harmless the PGCS Parties and their respective employees, directors, advisors, agents, contractors, and other representatives from all claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs, and expert fees) arising out of or related to (a) any claim that, if true, would constitute a breach of this Agreement or negligence on your part, (b) any act or omission by you in your use of the Software or Services, or (c) any allegation of infringement or violation of any third-party intellectual property rights arising from PGCS's use of your UGC or Feedback. You agree to reimburse the PGCS Parties, if demanded, for any defense costs incurred by the PGCS Parties and any payments made or losses suffered by the PGCS Parties, whether in a judgment or court settlement, based on any matter covered by this Section 8.
If you are prohibited by law from assuming the indemnification obligation above, you shall assume, to the extent permitted by applicable law, all liability for any claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs, and expert fees) that would have been subject to the indemnification obligation above.
Unless you have agreed to Software-Specific Terms for the Software or Service that include a developer indemnification, as used in the indemnification clauses above, the term "PGCS Parties" includes the developer of Software or a Service licensed to you under this Agreement.
9. Termination
Without limiting any other rights of PGCS, this Agreement will terminate automatically without prior notice if you fail to comply with any of its terms and conditions. You may also terminate this Agreement by deleting all copies of the Software. Upon termination of this Agreement, the License will automatically terminate, and you may no longer exercise any of the rights granted by the License, and must destroy all copies of the Software in your possession.
Except as expressly stated otherwise herein or to the extent required by law, all payments and fees are non-refundable under any circumstances, regardless of whether this Agreement has been terminated or not.
Sections 2, 4–13, 15–17 will survive any termination of this Agreement.
10. Purchases and Payment
Through the Services, PGCS may allow you to purchase licenses of Software and/or Services using your PGCS account. The loading and use of the PGCS account balance to make such purchases is governed by the PGCS Terms of Service. Any promotional code provided to purchase or redeem Software and/or Service licenses may be subject to additional terms and conditions associated with the promotion, offer, or coupon. When you provide a payment card, promotional code, or other payment method to PGCS for a purchase, you represent to PGCS that you are the authorized user of that payment method and authorize PGCS to charge the purchase amount to your payment method, including any applicable sales taxes, value added taxes, or other taxes. You will be responsible for any applicable tax obligations in your place of residence arising from the License, Software, or Services. You are responsible for all purchases made through your PGCS account.
In addition, the Developer may allow you to purchase digital items and services for use in its Software using a payment method not provided by PGCS through the Services. You may not make such payments or acquisition transactions or use such digital items or services for any illegal purpose. These payments and transactions are made solely between you and the Developer in accordance with the Developer's terms of sale and the end user license agreement between you and the Developer. PGCS is not a party to such payments or transactions.
11. Applicable Law and Jurisdiction
You agree that this Agreement shall be deemed to have been made and executed in the State of Rio Grande do Norte, Brazil, and any dispute shall be resolved in accordance with the laws of Rio Grande do Norte, excluding its choice of law rules, and Brazil. Any action or proceeding to enforce the terms of this Agreement or to adjudicate any dispute must be brought before the Court of the State of Rio Grande do Norte. You agree to the exclusive jurisdiction and venue of such courts. You waive any claim of inconvenient forum and any right to a jury trial. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any law or regulation providing that the language of a contract shall be interpreted against the drafter shall not apply to this Agreement.
12. Class Action Waiver
You agree not to bring or participate in a class or representative action, private attorney general action, or class arbitration related to the Software or Services or this Agreement. You also agree not to attempt to combine any action or arbitration related to the Software or Services or this Agreement with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.
For purposes of calculating damages under this paragraph, similar claims filed by multiple claimants represented by the same attorney or coordinated attorneys will be aggregated. In other words, if twenty people represented by the same or coordinated attorneys each claim R$ 1,000, this will be treated, for purposes of this section, as an action worth R$ 20,000.
13. Brazilian Government Matters
The Software is a "Commercial Item" under Law No. 14,133 of April 1, 2021 (New Public Procurement and Administrative Contracts Law), and consists of "Commercial Computer Software" and "Commercial Computer Software Documentation." The Software is being licensed to Brazilian government end users only as Commercial Items and only with the rights granted to other licensees under this Agreement.
You represent and warrant to PGCS that you are not located in a country that is subject to a Brazilian government embargo or that has been designated by the Brazilian government as a "terrorist-supporting" country, and that you are not listed on any Brazilian government list of prohibited or restricted parties.
13.3.4 Coordinated Proceedings.
If 25 or more Litigation Notices presenting similar claims with the same or coordinated counsel are submitted, they shall be deemed "Coordinated Proceedings" and shall be treated as mass filings or multiple proceedings in accordance with the Rules, to the extent that the Coordinated Proceedings are intended to be submitted in arbitration, as provided in this Agreement. PGCS or the user may inform the other of their belief that the cases are Coordinated Proceedings, and disputes over whether a case or cases meet the contractual definition of "Coordinated Proceedings" shall be decided by the arbitration entity as an administrative matter.
Arbitration demands in Coordinated Proceedings may only be submitted to the responsible arbitration entity if permitted by the evidentiary arbitration process described below. PGCS will pay only its share of arbitration fees for Coordinated Proceedings submitted to arbitration; claimants will be responsible for their respective share of those fees. Applicable statutes of limitations will be tolled with respect to claims submitted in a Coordinated Proceeding from the moment a party has received a compliant Litigation Notice until, under this Agreement, the Coordinated Proceeding is submitted to arbitration or, as provided below, to court.
Once the attorney in the Coordinated Proceedings has notified PGCS that all or substantially all Litigation Notices for those proceedings have been submitted, the parties' attorneys will confer in good faith regarding the number of cases to proceed in arbitration as "bellwether" cases, to allow each party a reasonable opportunity to test the merits of their arguments. If the parties' attorneys do not agree on the number of bellwether arbitrations, an even number will be selected by the arbitration entity administratively. Once the number of arbitration cases is fixed, by agreement or by the arbitration provider, each side shall select half of that number from among the claimants who have submitted compliant Litigation Notices, and only those chosen cases may be submitted to the arbitration body. No other case may be submitted until those "bellwether" cases have concluded, and PGCS Tecnologia may not be required to pay any fees associated with arbitration requests beyond those authorized to be submitted as "bellwether" cases. The parties acknowledge that the resolution of Coordinated Proceedings not selected as "bellwether" cases will be delayed by this "bellwether" process. Unless the parties agree otherwise, each bellwether trial shall be assigned to a different arbitrator.
Only the "bellwether" trials will proceed in arbitration. Once all bellwether trials have concluded (or earlier, if claimants' counsel and PGCS agree), the parties must participate in a single mediation of all remaining Coordinated Proceedings, with each party paying half of the applicable mediation fee. PGCS and claimants' counsel must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If PGCS's and claimants' counsel cannot agree on a mediator within 30 days, the arbitration body shall appoint a mediator as an administrative matter. PGCS and claimants' counsel shall cooperate with the goal of ensuring that mediation is scheduled as quickly as possible following the mediator's appointment.
If mediation does not produce a global resolution, this arbitration requirement shall no longer apply to Disputes that are the subject of Coordinated Proceedings for which a compliant Litigation Notice has been received by the other party but which have not been resolved in bellwether proceedings. Such Disputes may only be filed in the state courts of Rio Grande do Norte, or, if federal jurisdiction exists, in the Federal District Court of Brazil for the State of Rio Grande do Norte, and the user consents, as part of this Agreement, to such cases being adjudicated exclusively in those courts. Nothing in this paragraph shall be construed as prohibiting the user or PGCS from removing a case from a state court to a federal court if removal is permitted under applicable law. To the extent the user is asserting the same claims as other persons and is represented by common or coordinated counsel, the user agrees to waive any objection that joinder of all such persons is impracticable. If a previously arbitrable Dispute is brought to court, claimants may seek class treatment, but to the maximum extent permitted by applicable law, the requested classes may only include claimants in Coordinated Proceedings who have provided compliant Litigation Notices. Any party may contest class certification at any stage of the litigation and on any valid ground. The state courts of Rio Grande do Norte, or, if federal jurisdiction exists, the Federal District Court of Brazil for the State of Rio Grande do Norte, shall have jurisdiction to enforce this bellwether process and may bar the filing of court actions or arbitration demands not submitted in compliance with it. The user consents to the jurisdiction of such courts for this purpose.
14. Changes to This Agreement
PGCS may issue an amended Agreement at any time, at its discretion, by posting the amended Agreement on its website or by providing you digital access to the amended Agreement through the Software or by other means. If any change to this Agreement is not acceptable to you, you may terminate this Agreement in accordance with Section 9 before such change takes effect, at which point you must cease using the Software. By using the Software after the amended Agreement takes effect, or by otherwise indicating your acceptance of the amended Agreement, you agree to be bound by the terms of the amended Agreement.
15. No Assignment
You may not, without PGCS's prior written consent, assign, transfer, charge, or subcontract all or any of your rights or obligations under this Agreement, and any attempt to do so without such consent will be deemed null and void. If the restrictions on Software transfer in this Agreement are not enforceable under the laws of your country, then this Agreement will be binding on any assignee of the Software. PGCS may at any time assign, transfer, charge, or subcontract all or any of its rights or obligations under this Agreement.
16. Definitions
As used in this Agreement, the following capitalized words have the following meanings:
“PGCS” means, depending on your primary residence:
- If you reside in Brazil, the PGCS entity entering into this Agreement with you is PGCS Tecnologia LTDA., a micro-enterprise with a postal address at Rua Raimundo Chaves, 2182, Suite 501, Condomínio Empresarial Cand. Empresarial, Candelária, Natal - RN, CEP 59064-390, Brazil.
- If you reside outside of Brazil, the PGCS entity entering into this Agreement with you is the same.
“Developer” means the third-party licensor of the Software.
“Feedback” means any feedback or suggestions you provide to PGCS regarding the Software, Services, or other PGCS products and services.
“Software-Specific Terms” means additional terms and conditions specific to a particular Software or Service.
“Services” means any services made available to you through the Software, including services for purchasing, downloading, or using video games or other Software or Services.
“Software” means any (i) PGCS software made available to you by PGCS under this Agreement, including PGCS's proprietary application known as the PGCS Tecnologia Store and any PGCS video game or other PGCS software made available for download or use through the PGCS Tecnologia Store application or website, or any other means of sale (third parties), and (ii) third-party video games or other third-party software made available for download or use through the PGCS Tecnologia Store application or website. The term “Software” also includes any patches, updates, and improvements to such Software, and all related content and documentation provided with or for the Software, including, without limitation, all software code, titles, themes, objects, characters, names, dialogue, catch phrases, locations, stories, illustrations, animations, concepts, sounds, audiovisual effects, methods of operation, and musical compositions related to such Software, and any copies of any of the foregoing.