Last updated: March 18, 2026
Effective date: March 18, 2026
Hello! This document sets out the rules and responsibilities associated with the use of our games and services.
But first, a notice for underage players. IF YOU ARE NOT AN ADULT (OVER 18 YEARS OF AGE IN MOST JURISDICTIONS), PLEASE ASK YOUR PARENT, MOTHER, OR LEGAL GUARDIAN TO READ THESE TERMS WITH YOU.
By accepting these Terms, you (and your parent/guardian) agree to comply with these rules, including the limitations on PGCS Tecnologia's liability to you, the rules for in-game content, the arbitration of disputes, and PGCS's right to change these Terms and close PGCS Tecnologia Accounts. See below for other terms and further details.
The PGCS Tecnologia Terms of Service, including all referenced and linked documents (collectively referred to as these "Terms"), constitute a contract between you and PGCS Tecnologia. These Terms explain the rules and responsibilities you agree to when using PGCS's websites, products, and services. By using any of the foregoing, you agree to be bound by these Terms. It is essential that you read these Terms carefully.
For parents or legal guardians reading these Terms: If you accept these Terms on behalf of a minor in your care regarding the use of PGCS products, you agree to these Terms in your own name and on behalf of the minor. You agree to be responsible for all use of Licensed Products (defined below) by you or the minor. You will be responsible for all purchases or other transactions made on PGCS Tecnologia products, including purchases made by the minor, to the extent permitted by law. To learn more about the measures PGCS takes to provide a safe and fun environment for players of all ages, please visit the PGCS Tecnologia Safety Center.
As explained below, you must not share your PGCS Tecnologia games with third parties. If you do so, in violation of these Terms, these Terms will apply to and bind any person to whom you grant access to PGCS products. When we refer to "you", "your", or "yourself", we are referring to you, individually, and any user of PGCS Tecnologia products. You are considered an "End User" within the meaning of these Terms. For minors, "you", "your", or "yourself" refers collectively to the parent or legal guardian and the minor.
When we refer to "PGCS Tecnologia", "PGCS", "we", or "us", we mean the PGCS Tecnologia entity responsible for making available the Licensed Product you are using. To learn more about the PGCS entities responsible for making Licensed Products available in your region, see Section 19. When we use "includes", "including", or "such as", these are to be understood as "including, without limitation".
When we refer to "Adult", it means you have reached the age of majority in your place of residence (i.e., 18 years of age in most of Brazil, which may vary based on local law).
The official language of these Terms is Portuguese; any translation is provided for reference purposes only.
FOR RESIDENTS OUTSIDE BRAZIL: If you do not reside in Brazil, certain provisions, including limitations of liability, mandatory arbitration, and waiver of participation in "class actions", may not be applicable in your country under local law.
1. Products covered by these Terms
These Terms apply to any "Licensed Product" that references this document, including:
If you do not agree or cannot agree to these Terms, you may not use any of these Licensed Products.
These Terms do not apply to Unreal Engine, Unity, Itch.io, or PGCS marketplaces (e.g., Instagram). To use Itch.io or PGCS marketplaces, please refer to the applicable terms.
If a Licensed Product is subject to additional terms and conditions (e.g., the Supplementary Terms for projects supported by the Government and other bodies such as Sebrae), those product-specific terms will be presented to the user and must be accepted before using the relevant Licensed Product. In addition, some PGCS programs (e.g., game development workshops) may be subject to additional terms and conditions, which must be accepted before participating. In the event of a conflict between these Terms and product- or program-specific terms, the applicable specific terms will prevail.
2. Use of PGCS Tecnologia products
To use certain Licensed Products, you may be required to register for a "PGCS Tecnologia Account". When setting up your PGCS Account, you must provide accurate information about yourself and keep it updated when changes occur. Use of Licensed Products is conditional on meeting all applicable age requirements. If you create a PGCS Tecnologia Account using an email linked to a domain owned by your employer or organization (i.e., a corporate email), you agree that you are binding that employer or organization to these Terms with respect to your use of Licensed Products.
It is your responsibility to maintain the security of your PGCS Tecnologia Account and to notify PGCS (via PGCS Support) if you identify or suspect that third parties have accessed your account without authorization.
You may not share your PGCS Tecnologia Account credentials with third parties. The only account you may use is your own PGCS Account, duly registered in your name. It is not permitted to sell, give, trade, or use a third party's PGCS Tecnologia Account, even with their authorization. If you are a parent or legal guardian and have your own PGCS Account, the minor in your care will need a separate PGCS Account for their own use. Sharing your PGCS Account may result in suspension or closure of the PGCS Account and loss of access to Licensed Products.
You are responsible for all activities or violations that occur on your PGCS Tecnologia Account.
When you create a PGCS Tecnologia Account, you will be asked to set a "display name" for your PGCS Tecnologia Account, which will be publicly available. If you choose a display name that is offensive, misleading, violates our Community Rules, or infringes the rights of third parties, PGCS reserves the right to change it.
You may delete your PGCS Tecnologia Account at any time. For information on how to delete your PGCS Tecnologia Account, please contact PGCS Support.
For residents of the United Kingdom: Any deletion or termination of a PGCS Tecnologia Account will be conducted in accordance with applicable consumer protection laws and other laws of your jurisdiction of residence.
3. License terms and use of Licensed Products
The Licensed Products (including In-Game Content) you use are licensed to you, not sold. This means you do not become the owner of any Licensed Product or In-Game Content made available to you, but are granted permission to use it in the form of a license. PGCS, its respective affiliates, and licensors (such as independent developers) retain all title, ownership rights, and intellectual property rights, including, without limitation, all copyright, trademark, and patent rights, in all elements of Licensed Products made available to you.
By agreeing to these Terms, PGCS grants you a license for the Licensed Products that is:
Under this license, you may not:
All rights in Licensed Products and In-Game Content not expressly granted in these Terms remain reserved to PGCS and its respective licensors, and you may only use Licensed Products as provided in these Terms. No license or other right is created under these Terms by implication, estoppel, or otherwise.
4. Game integrity
Licensed Products are intended to provide an enjoyable experience for everyone, and all players are expected to play fairly and follow the rules of the game. To that end, you agree not to:
Found an exploit? Report it.
It is prohibited to use or distribute counterfeit content or software in connection with Licensed Products, including In-Game Content.
To keep games fair and fun, PGCS Tecnologia uses "Game Integrity Tools". These tools help identify and prevent programs or actions that cause problems, such as: (i) hacking, stealing PGCS Tecnologia Accounts, or engaging in other illegal or unauthorized activities ("Fraud"); or (ii) cheating, which confers unfair advantages, such as bots, hacks, add-ons, malware, scripts, or mods not approved by PGCS ("Cheats"). Some of these tools are built into Licensed Products and, in certain cases, installation may be required when downloading or updating the product. These tools may collect and transmit information regarding your PGCS Tecnologia Account, gameplay, and any unauthorized programs running on your device.
If PGCS finds evidence that you have engaged in Fraud or used Cheats, PGCS Tecnologia may take action against you or your PGCS Tecnologia Account (including suspending or closing it) without prior notice. You may appeal any action PGCS takes against you. For more information about the appeals process, see Subsection 8.b below. However, it will not constitute a defense to claim that you had not yet used the devices or tools, or that you only used or intended to use them in third-party products. The mere presence of Cheats on the device you use to access Licensed Products may result in suspension or closure of your PGCS Tecnologia Account.
You acknowledge and agree that PGCS is under no obligation to and will not disclose to you how Game Integrity Tools work, or which specific devices or tools were detected, as disclosure of this information could help promoters of such devices or tools evade detection. You agree that, in the event of a dispute about action taken by PGCS against you, PGCS may provide evidence of your violation to the arbitrator or court on a confidential basis (known in legal parlance as "in camera"), without sharing that evidence with you or your legal representative.
5. Changes to these Terms or our Offerings
We may update these Terms in the future. If we make material changes:
Your continued use of Licensed Products after we update these Terms (and, in the case of material changes, after the notice period) means you accept and agree to the changes, to the maximum extent permitted by applicable law.
If you have provided us with an email address, we may use it to communicate with you about these Terms and other important legal information. You agree that emails and in-game notifications sent by PGCS to you satisfy any legal requirement for written communication.
We may suspend, discontinue, replace, or limit access to Licensed Products. This may be necessary for various reasons, including keeping the relevant Licensed Product interesting and engaging for existing or new players, addressing technical limitations, or for legal reasons. In addition, Licensed Products, or parts of Licensed Products, may not be or may cease to be available in certain regions or on certain devices. If an update or change to our offerings results in you losing access to Licensed Products (or relevant features of Licensed Products) for which you paid, you may be entitled to a full or partial refund of the amounts paid. To address this, contact PGCS Tecnologia Support. However, to the maximum extent permitted by applicable law, you will not be entitled to a refund if we suspend or close your account due to your violation of these Terms (such as Fraud or Cheats). Accepting these Terms does not grant you any right to access or use Licensed Products.
PGCS has no maintenance or support obligations with respect to software licenses you purchase, but PGCS may update Licensed Products over time, and you will need to install those updates to continue playing. This process may occur automatically. You acknowledge that using Licensed Products does not give you any ownership or monetary value or any other right over any aspect or feature of Licensed Products, including in-game rewards, achievements, and character levels. Except as otherwise determined by applicable law, you further acknowledge that data from any character, game progress, game customization, or other data related to your use of Licensed Products may cease to be available to you at any time without prior notice from PGCS, including after patches, updates, or improvements applied by PGCS.
6. Billing and payment
IMPORTANT: To conduct real-money transactions with PGCS and its sales channels, you must be an Adult authorized to use the payment method, or have an Adult present who makes the payment on your behalf.
Remember that Licensed Products and In-Game Content are licensed to you, not sold.
a. Product purchases
When registering a payment method to make purchases within Licensed Products, we require confirmation that the person entering the payment method is an adult and authorized user of the payment method, and that they agree to the applicable terms, including the PGCS Tecnologia End User License Agreement. The person entering the payment method also authorizes PGCS and its respective affiliates to charge the purchase amount to the payment method, including any applicable taxes and fees.
The merchant responsible for charging your payment method that will appear on your purchase receipt may be the PGCS Tecnologia entity or another third party, depending on your location and the purchase.
If we receive updated information about your payment method directly from your bank or payment network, you authorize PGCS Tecnologia to use it in purchase transactions you make. Changes made to your billing account will not affect charges submitted prior to the point at which processing of the changes had not yet been completed by PGCS.
When you make a purchase, PGCS may charge immediately or shortly after the transaction. For recurring subscriptions, charges will occur on a recurring basis, as specified at the time of subscription.
b. Fees
If the transaction is made directly with PGCS, you will be responsible for paying all applicable fees and taxes. Prices within Licensed Products are subject to change, but these price changes will not affect already completed purchases. If we do not receive full payment on time, or if a refund must be issued due to unauthorized use of a payment method on your PGCS Tecnologia Account, we may suspend or remove your access to any unpaid or refunded Licensed Product, as well as restrict your ability to make future purchases.
If you purchase any product from third-party stores (such as Itch.io), that purchase is made directly between you and the respective retailer and does not involve PGCS Tecnologia. In such cases, you will need to follow the purchase rules of those third parties. Please note that these Terms apply to Licensed Products and any In-Game Content, regardless of the platform used.
For residents of the United Kingdom: Any price change will be made in accordance with consumer protection laws and other applicable laws in your jurisdiction of residence.
7. Refund policy
If you purchase licenses for In-Game Content or Licensed Products directly from PGCS Tecnologia, our Refund Policy will apply. Unless a purchase made with PGCS is expressly indicated as refundable, or unless applicable law grants you the right to a refund (e.g., if we have provided a defective item or one that does not match its description), all purchases made with PGCS should be considered non-refundable.
If you purchase In-Game Content or Licensed Products through third parties or third-party platforms (such as Itch.io), the transaction is made between you and that third party and is subject to that third party's refund policies. To request refund information, please contact the third party with whom you made the purchase directly.
8. Ecosystem rules
We want the PGCS community to be a safe and fun environment where you can play, communicate with others, and share your creations. We expect all users to comply with the law and follow our rules and guidelines. Our rules apply to anyone who uses Licensed Products and serve as a code of conduct regarding the behavior expected of anyone using Licensed Products. These "Ecosystem Rules" also include our Community Rules, which apply to all End Users, our Content Guidelines, intended for those who create or share content within Licensed Products, and rules specific to certain Licensed Products (e.g., Currais em Chamas, Mente em Movimento).
a. Reports
If you identify someone who is violating our Ecosystem Rules or the law, you may report them via the in-game reporting system or our Content Report form. In addition, some Licensed Products allow you to block or mute players you no longer wish to interact with. Additional information is available in our Safety and Protection Center.
If you use our voice or text chat features and reporting is enabled in the chat channel, the recorded snippet of your chat (including voice chat audio data) will be stored on your device and on the devices of other chat channel participants. In the event of a report of a potential violation of our Community Rules, the snippets may be transmitted to PGCS Tecnologia for review. In addition to human review, PGCS may analyze your communications (including voice or text chat) using machine learning technologies, in order to identify behavior that violates the rules.
b. Consequences
If PGCS becomes aware of any violation of the Ecosystem Rules or the law, it will determine the appropriate action to take against you or your PGCS Tecnologia Accounts. We will consider the severity of the violation, whether you have previously committed any violation, and other relevant factors. The actions we take may be temporary or permanent, and we will inform you of the duration and type of consequence you will receive. Consequences may include a warning message (for less serious offenses), a ban (temporary or permanent) from certain PGCS features, products, or services, suspension of your PGCS Tecnologia Account (which may last a year or more), or permanent termination of these Terms in relation to you (for serious or repeat offenses), meaning you may no longer use Licensed Products on any PGCS Tecnologia Account or any device. If PGCS has permanently terminated these Terms in relation to you, banning you from using Licensed Products, you may not attempt to circumvent the ban imposed on you by creating a new PGCS Tecnologia Account. If you wish to contest an action taken against you in connection with a violation, please submit an appeal here. More information about the consequences of violating these rules, as well as the appeals mechanism, is available on the Sanctions and Appeals page of the PGCS Tecnologia Safety and Prevention Center.
To protect itself and players, PGCS may, in extreme cases, seek other legal remedies in response to violations of the Ecosystem Rules or the law, as well as provide information and evidence to the appropriate judicial authorities.
9. Recommendation systems
Some Licensed Products use recommendation systems to suggest certain information to users. For more information, please refer to the recommendations and ratings for each product.
10. In-Game Content
Some Licensed Products offer "In-Game Content", such as characters, gestures, outfits, experiences (e.g., islands), and other digital products and media, which may be licensed for use within the Licensed Products in which you acquired them. The term "Licensed Products" includes In-Game Content.
You can obtain licenses for In-Game Content in different ways. Certain In-Game Content is automatically accessible to all End Users (e.g., in Currais em Chamas). Licenses for other In-Game Content may be obtained through in-game activities, purchased with real money, or redeemed with "Credits" (e.g., M-Coins, Mente em Movimento Credits). Credits are a type of In-Game Content. You can earn Credits by playing or obtain licenses through payment with real money. Licenses for Credits and other In-Game Content may be obtained within Licensed Products, at PGCS Tecnologia, or on third-party platforms. Please note: In-Game Content is not necessarily compatible with all experiences. Compatibility may be limited due to content ratings or the design of the experience.
CREDITS ARE NOT EQUIVALENT TO CASH, GIFT CARDS, OR BANK ACCOUNTS, AND CANNOT BE EXCHANGED FOR REAL CURRENCY OR OTHER ITEMS OUTSIDE THE PGCS ECOSYSTEM.
The features, prices, availability, and functionality of Credits and other In-Game Content may be changed at any time without prior notice, to the maximum extent permitted by law. PGCS does not guarantee continued access to specific In-Game Content and is not responsible for modifications, deletions, or unavailability. In-Game Content may be subject to platform restrictions (e.g., console-specific access).
a. In-Game Content rules
Credits may only be redeemed for other In-Game Content, including developer-created Content made available by PGCS on behalf of the Developer, and once those Credits are redeemed, you will have no additional payment obligation. It is prohibited to convert Credits or other In-Game Content into units of value outside the Licensed Product in which they were acquired, such as real currency or physical goods. You acknowledge and agree that PGCS may take actions that affect the perceived value or purchase price of any Credits or other In-Game Content at any time, except as prohibited by applicable law.
PGCS may offer discounts or promotions for the purchase of Credits or other In-Game Content. These discounts and promotions may be modified or discontinued by PGCS at any time without prior notice.
PGCS may establish a maximum amount you may spend to acquire Credits per transaction and/or per day, which may vary depending on the associated Licensed Product or access to the Licensed Product, as well as the maximum Credit balance you may hold in your PGCS Tecnologia Account. PGCS may impose additional limits on credit purchases and how you use them.
If there is an error in the credit balance, or if Fraud is suspected, PGCS reserves the right to correct credit balances or revoke access to your PGCS Tecnologia Account.
b. Physical and virtual Cards for Credits and In-Game Content
PGCS may offer physical or virtual cards (hereinafter "Cards") that may be used to add Credits to a PGCS Tecnologia Account. By purchasing or redeeming a Card, you agree to these Terms and also to the applicable Card-specific terms and conditions, which supplement these Terms.
PLEASE BE AWARE THAT THE PURCHASE OF A CARD IS NON-REFUNDABLE. DO NOT PURCHASE ANY CARD UNLESS YOU OR THE INTENDED RECIPIENT ALREADY HAS A PGCS ACCOUNT SET UP TO PLAY THE APPLICABLE GAME. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU OR THE INTENDED RECIPIENT OF THE CARD HAS A PGCS ACCOUNT AND A PLAYING DEVICE THAT MEETS ALL MINIMUM SYSTEM REQUIREMENTS.
All use of Cards must comply with applicable laws. Purchases of Cards from third-party resellers are governed by the applicable reseller's policies. Purchases of Cards directly from PGCS are subject to PGCS's Refund Policy.
Cards distributed exclusively for a specific country may only be redeemed in PGCS Tecnologia Accounts registered in that country. You agree to use Cards in compliance with all applicable laws, including all applicable export restrictions and regulations of your country of residence.
If problems arise when redeeming a Card and/or accessing In-Game Content on a PGCS Tecnologia Account, please contact PGCS Tecnologia Support.
WITHOUT LIMITING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY STATED ELSEWHERE IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PGCS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE CARD WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID FOR THE CARD. THIS PARAGRAPH IS NOT INTENDED TO LIMIT PGCS'S LIABILITY FOR PGCS'S OWN WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
For residents of the United Kingdom: The liability disclaimers may not apply to you.
11. External fan content
PGCS wishes to encourage the interest shown by fans of our games and business, so we have created Fan Content Policies that permit certain fan-generated content based on Licensed Products, displayed outside of Licensed Products. "External fan content" includes, without limitation: (i) recordings or live streams of Licensed Product matches and games; (ii) fan art (such as illustrations, photographs, videos, and other materials) based on Licensed Products; and (iii) websites and applications that are free, publicly accessible, and related to PGCS Properties. The creation of External fan content is conditional on your compliance with these Terms.
12. Feedback
Occasionally, you may send us questions, comments, suggestions, ideas, modifications, improvements, promotions, or other information about PGCS or Licensed Products. We call this "Feedback". If you choose to send us Feedback, we have no obligation regarding the use of that Feedback. If we decide to use it, we have no obligation to credit and/or pay for such use. Please do not send PGCS unsolicited recordings, live streams, fan art or other fan-created content, or game ideas; such content will be deleted without review. For clarity, Feedback is distinct from External fan content and developer-created Content.
13. Termination of these Terms
a. Termination by you
You are free to terminate these Terms at any time by deleting your PGCS Tecnologia Account, thereby terminating these Terms with respect to all Licensed Products. If you wish to delete your PGCS Tecnologia Account, please contact PGCS Tecnologia Customer Service. To check which services are linked to your PGCS Tecnologia Account before deleting it, please visit the Linked Accounts page.
If you have multiple PGCS Tecnologia Accounts, deleting a specific PGCS Tecnologia Account will apply only to that particular PGCS Tecnologia Account; these Terms will continue in force for your other PGCS Tecnologia Accounts.
If you are accessing a Licensed Product that does not require a PGCS Tecnologia Account, you may terminate these Terms simply by stopping your use of the Licensed Product (e.g., by stopping use of the PGCS website). Please note, however, that the provisions of these Terms will continue to apply after termination, as described in Subsection 14.c below.
b. Termination by PGCS
As mentioned several times, if you violate these Terms, PGCS may terminate these Terms, either in relation to a specific product or in relation to all Licensed Products. Termination may take the form of suspension of your use of one or more Licensed Products or revocation of your right to use any Licensed Product. Where reasonably possible, we will contact you to explain the reason for the action taken and what, if anything, you can do in response.
If you have more than one PGCS Tecnologia Account, we may take action against all PGCS Tecnologia Accounts. You may not attempt to circumvent the ban by creating a new PGCS Tecnologia Account.
PGCS may also need to terminate these Terms even if you have not committed any violation, in the following cases:
In such cases, where commercially viable, PGCS will notify you 30 (thirty) days in advance by posting a notice on our websites related to the respective Licensed Products. In such cases, we will have no future obligations or liabilities to you.
c. Effect of termination
If PGCS terminates these Terms in relation to you, or if you choose to terminate them, you will lose all rights to all Licensed Products, including games, Credits, and other In-Game Content, the PGCS Account balances, and any items you may have earned or acquired prior to termination. Following the termination of these Terms with respect to any Licensed Product, all licenses granted to you for that Licensed Product will automatically terminate, and you will be required to uninstall and delete all copies of the relevant Licensed Product from your devices. You may no longer exercise, with respect to that Licensed Product, any of the rights granted to you in these Terms.
If PGCS detects Fraud or Cheating on your PGCS Tecnologia Account, you may lose access to leaderboards, trophies, In-Game Content, and other information associated with your PGCS Tecnologia Account. PGCS may also prevent or significantly limit your use of any product that relies on PGCS's online services linked to your PGCS Tecnologia Account. In addition, you may lose access to services linked to or accessed through your PGCS Tecnologia Account.
Unless required by law, you will not be entitled to a refund as a result of the termination of these Terms. This means that if we suspend, limit, or close your ability to access one or more Licensed Products due to Fraud, Cheats, or any other aspect of these Terms, there will be no refund for previous in-game purchases or unused In-Game Content linked to your PGCS Tecnologia Account associated with that Licensed Product.
Even after termination, Sections 4, 8, 10, 15-18, and 20, and Addendum 1 of these Terms will remain in force.
14. Disclaimers; limitation and release of liability
a. The provisions of this Subsection 15.a apply to End Users residing in the United States, to the maximum extent permitted by the law of your place of residence. If you are an End User residing in the United Kingdom, please also see Subsection 15.b below.
The provisions of this Section apply to the maximum extent permitted by the law of your place of residence.
LICENSED PRODUCTS, INCLUDING IN-GAME CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE". PGCS AND SERVICE PROVIDERS, AS WELL AS EMPLOYEES, DIRECTORS, AGENTS, AND ASSIGNEES ("PGCS PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO LICENSED PRODUCTS, AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AS WELL AS THE WARRANTY THAT LICENSED PRODUCTS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF LICENSED PRODUCTS IS AT YOUR OWN RISK.
THE PGCS PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LIABILITY, OR LOSS DEEMED OR ALLEGED TO ARISE OUT OF OR RELATE TO LICENSED PRODUCTS OR THEIR CONTENT (INCLUDING IN-GAME CONTENT). THE PGCS PARTIES WILL NOT BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR LICENSED PRODUCTS. THE TOTAL LIABILITY OF THE PGCS PARTIES ARISING OUT OF OR RELATED TO THESE TERMS OR LICENSED PRODUCTS IS LIMITED TO THE AMOUNT YOU HAVE PAID PGCS, AS PROVIDED IN THESE TERMS, IN THE 12 (TWELVE) MONTHS PRIOR TO WHEN YOU SUFFERED THE DAMAGES, EVEN IF THAT REMEDY DOES NOT PROVIDE ADEQUATE COMPENSATION.
b. The provisions of this Subsection 14.b apply to End Users residing in the United Kingdom.
Nothing in Paragraph 14.a excludes or limits PGCS's liability for: (i) death or personal injury caused by PGCS's negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of PGCS's statutory obligations or your statutory rights as a consumer, including implied terms regarding digital content; or (iv) any other liability that cannot be excluded or limited under applicable law.
15. Governing law and jurisdiction for disputes not subject to arbitration
The laws and regulations of your place of residence may offer consumer protections. These Terms do not intend to exclude, limit, or restrict any such rights and, where possible, the Terms should be interpreted in a manner that does not conflict with the laws granting you those important protections. If any provision of these Terms cannot be reconciled with applicable consumer protection law in your jurisdiction, the applicable law shall prevail.
Unless otherwise required by applicable law, any dispute, claim, or controversy between you and PGCS related to any Licensed Product or Licensed Products in general, your use or attempted use of a particular Licensed Product, or these Terms, shall be decided under the laws of Rio Grande do Norte, Brazil (the location of PGCS Tecnologia's headquarters), excluding its choice of law rules.
16. Binding individual arbitration; prohibition of class actions
Most disputes can be resolved quickly and amicably by contacting PGCS Player Support. For disputes that cannot be easily resolved and that require the intervention of a neutral third party for a decision, this Section explains the rules on how you and PGCS will resolve those disputes, claims, or controversies, including (if applicable) by Binding individual arbitration.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED THAN IN COURT. THE ARBITRATION TERMS IN THIS SECTION 17 DO NOT APPLY TO THE EXTENT THAT THEIR INCLUSION WOULD MAKE THESE TERMS VOID.
a. Your 30-day right to opt out of arbitration
You may opt out of the Binding individual arbitration requirement, but not the class action waiver set out in subsection 17.f below, by sending written notice to PGCS Tecnologia within 30 (thirty) days of first registering for Licensed Products.
b. Disputes subject to arbitration
The informal resolution and Binding individual arbitration requirements of this Section apply to all Disputes between you and PGCS. "Dispute" refers to any dispute, claim, or controversy (except the exceptions listed below), whether arising from contractual or extra-contractual liability, statute, fraud, misrepresentation, or any other legal theory, related to any Licensed Product or Licensed Products in general, your use or attempted use of any Licensed Product, or these Terms.
c. Informal resolution
You and we agree to attempt to resolve Disputes informally before arbitration is filed. You and PGCS will attempt to negotiate in good faith the resolution of any Dispute for at least 30 (thirty) days from the day you or PGCS receives a written notice of the dispute from the other party ("Dispute Notice") in accordance with this subsection c.
d. Small claims court
You and PGCS agree, as an alternative to arbitration, that Disputes qualifying for the small claims court of the district in which you reside or of the District of Rio Grande do Norte may be filed as individual actions in those small claims courts. We recommend that you first attempt Informal resolution, but it is not required before filing actions in small claims court if your claim falls within that court's jurisdictional criteria.
e. Binding individual arbitration
THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances will PGCS consent to any Dispute being arbitrated using class action procedures.
f. Venue and procedure for arbitration
You or PGCS may initiate arbitration of any Dispute not resolved by Informal resolution by submitting an Arbitration Demand to the arbitration provider. The parties acknowledge that the resolution of some Coordinated Cases will be delayed by this bellwether process.
g. Consumer arbitration fees
The terms of this Consumer Arbitration Fees Section apply only if you are deemed a "Consumer" as defined by the rules of the arbitration provider. If you are not deemed a Consumer, arbitration fees and costs will be split between you and PGCS as set forth in the arbitration provider's Rules.
h. Notice and filing
To the maximum extent permitted by applicable law, you or PGCS must initiate arbitration of the Dispute within 2 (two) years after the Dispute arises.
i. Coordinated proceedings
If 25 or more Dispute Notices presenting similar claims with the same or coordinated counsel are submitted, those Disputes will be deemed "Coordinated Proceedings" and will be treated as mass filings or multiple proceedings in accordance with the Rules.
j. Survival
The dispute resolution process established in this Section will survive any termination of these Terms or the provision of Licensed Products to you, regardless of the form of termination.
k. Future changes to the Terms
While PGCS may revise these Terms at its sole discretion, PGCS has no right to change these arbitration terms or the rules specified herein with respect to any Dispute after the Dispute has arisen, if this change makes the arbitration procedures less favorable to the claimant.
l. Class action waiver
To the maximum extent permitted by applicable law, for any proceeding not subject to the arbitration requirement, even if you opt out of the requirement to arbitrate Disputes, you and PGCS will bring only the Disputes between you and PGCS individually and:
For residents of the United Kingdom: You may participate in such proceedings to the extent permitted by applicable laws. If the laws of your jurisdiction do not allow class action waivers, this provision will not apply to you.
m. Severability
If all or any provision of this Section 16 is found invalid, unenforceable, or illegal, you and PGCS agree that the provision will be removed, and the remainder of these Terms will remain in force and be construed as if the removed provision had not been included.
17. Infringement claims
In accordance with Law No. 9,610/1998 (Copyright Act), the Internet Civil Rights Framework (Law No. 12,965/2014), and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, the PGCS Tecnologia Accounts of users who are deemed to be repeat infringers of third-party copyrights. If you believe that your intellectual property or other rights are being violated by third parties in a Licensed Product, please notify us here.
If you are unsure whether the material or activity you are reporting is infringing, please consult an attorney before sending us a notice.
18. Licensing entity
The PGCS entity responsible for granting you the license to use Licensed Products depends on your place of residence and which Licensed Products you use.
Mateo Paratodos (except on Android mobile devices in the EU):
All other Licensed Products: Please refer to the relevant product- or program-specific terms.
19. General provisions
a. Waiver and severability
If PGCS waives any part of these Terms, that waiver will be specific and limited to the particular case, unless you are informed in writing that it is a general waiver. The failure to enforce any right or provision of these Terms does not constitute a future or automatic waiver of that right or provision. If any part of these Terms is found invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, you and PGCS (except as stated in Subsection 16.m) will consider that part removed or limited to the minimum extent necessary so that the remainder of these Terms remains in force.
b. Transfer of rights and duties
You may not assign your rights or obligations under these Terms. We may transfer these Terms, in whole or in part, with or without prior notice.
c. Notice: Photosensitivity
Some individuals may experience epileptic seizures or blackouts when exposed to certain images or visual patterns, such as flashing lights. Exposure to these stimuli on a screen, for example when playing video games, may trigger epileptic seizures or blackouts in those individuals. To reduce the risk, it is recommended that you:
If you or someone near you has epilepsy, a history of seizures, or related symptoms, that person should consult a physician before being exposed to Licensed Products. Stop using the product immediately and seek medical advice if you or someone near you experiences any of the following symptoms while using Licensed Products:
d. Sanctions and export controls
You understand and agree that you will not use, access, download, export, re-export, or transfer Licensed Products, and you are not qualified to accept these Terms, if doing so would result in a violation of applicable export controls, economic sanctions, or import laws and regulations of Brazil or other countries.