Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between NO BUYBACK LTD (“Pyroblast”, “Company”, “we”, “our” or “us”), and any individual or entity accessing or using the Service (“User”, “you” or “your”).

These Terms govern your access to and use of the Pyroblast platform, including all websites, applications, software, community features, APIs, content and services operated under the Pyroblast brand (collectively, the “Service”).

Depending on the nature of particular features made available through the Service and the Company’s legal status under applicable legislation, certain provisions of the Digital Services Act or other applicable laws may apply in addition to these Terms. Where required by law, the Company may adopt supplementary policies, notices or procedures to address such requirements.

These Terms apply regardless of the device, operating system or method used to access the Service.

By accessing or using the Service, you acknowledge and agree that:

• you have read these Terms in their entirety;
• you understand your rights and obligations arising under these Terms;
• you agree to be legally bound by these Terms;
• you agree to comply with all applicable laws and regulations governing your use of the Service.

If you do not agree with these Terms, you must immediately discontinue your use of the Service.

The Company may update these Terms from time to time in accordance with Section 23 (Changes to these Terms).

Continued use of the Service following the effective date of updated Terms constitutes acceptance of the revised Terms, unless applicable law requires a different form of acceptance.

The Service is intended for individuals who are at least sixteen (16) years of age.

By creating an Account or otherwise using the Service, you represent and warrant that:

• you are at least sixteen (16) years old;
• you have the legal capacity to enter into a binding agreement under the laws applicable to you;
• you are not prohibited from using the Service under any applicable law;
• your use of the Service will comply with these Terms and all applicable legislation.

If you are using the Service on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

The Company reserves the right to request reasonable information to verify eligibility where necessary.

Pyroblast is a software-as-a-service platform designed to help users manage, analyse and enhance their gaming experience.

Subject to these Terms, the Service may include, without limitation:

• user account management;
• gaming platform integrations;
• gameplay analytics;
• achievement tracking;
• AI-generated gameplay summaries;
• AI-generated recommendations;
• profile personalisation;
• community features;
• private messaging;
• gaming statistics;
• premium subscription services;
• future software applications;
• additional functionality introduced by the Company from time to time.

The functionality of the Service may change over time.

The Company may introduce, modify, suspend or discontinue features where reasonably necessary for operational, technical, security or legal reasons.

Nothing in these Terms obliges the Company to continue providing any particular feature or functionality indefinitely.

Certain features of the Service require the creation of a registered user account (“Account”).

To create an Account, you may be required to provide certain information or authenticate using a supported third-party authentication provider.

You agree that all information provided during registration shall:

• be accurate;
• be complete;
• be current;
• not be misleading.

You are responsible for maintaining the accuracy of your Account information.

Failure to maintain accurate information may affect your ability to use certain features of the Service.

The Company reserves the right to refuse registration where reasonably necessary to:

• comply with applicable law;
• protect the integrity of the Service;
• prevent fraud or abuse;
• protect other users.

You are responsible for maintaining the confidentiality of your Account credentials and for all activities occurring through your Account, except to the extent caused by the Company’s failure to implement appropriate security measures.

You agree to:

• maintain the security of your authentication credentials;
• protect access to your authentication provider;
• use strong authentication methods where available;
• notify the Company immediately if you suspect unauthorised access to your Account.

The Company may temporarily suspend access to an Account where reasonably necessary to investigate suspected unauthorised activity or protect the security of the Service.

Such suspension shall not be interpreted as a determination that the Account holder has violated these Terms.

Pyroblast supports authentication through selected third-party identity providers.

Authentication providers may include:

• Google;
• Facebook;
• Microsoft;
• Steam;
• Apple;
• Discord;
• additional providers introduced by the Company.

Authentication is performed directly by the relevant provider.

The Company does not receive or store passwords associated with third-party authentication providers.

Your use of any authentication provider remains subject to the terms and privacy policy of that provider.

If an authentication provider suspends, terminates or otherwise restricts your account, your ability to access the Service may be affected.

The Company is not responsible for decisions taken by third-party authentication providers.

The Service enables users to connect supported gaming platform accounts in order to access enhanced functionality.

Connection of a gaming account is entirely voluntary.

By connecting a gaming account, you authorise the Company to access and process information made available through the applicable gaming platform in accordance with:

• these Terms;
• the Privacy Policy;
• the permissions granted by you;
• the technical capabilities of the relevant platform.

The categories of information available to the Company depend entirely upon:

• the gaming platform selected;
• your privacy settings;
• the permissions granted;
• the information exposed through authorised APIs.

The Company does not circumvent technical restrictions, access controls or privacy settings implemented by gaming platform providers.

You may disconnect a gaming account at any time through the available account settings.

Disconnecting a gaming account may result in the loss of access to certain features of the Service.

The Company does not guarantee the continued availability of any gaming platform integration.

Gaming platform providers may modify, restrict or discontinue their APIs, authentication mechanisms or terms of use at any time.

Where such changes occur, the Company may modify, suspend or discontinue related functionality without liability.

The Service may be used solely for lawful purposes and in accordance with these Terms.

Users shall use the Service responsibly and in a manner that respects the rights of the Company, other users and third parties.

Use of the Service in violation of these Terms, the Acceptable Use Policy, the Community Guidelines or applicable law is strictly prohibited.

The Service integrates with third-party platforms and services that are not owned or controlled by the Company.

These may include, without limitation:

• Steam;
• PlayStation Network;
• Xbox;
• Battle.net;
• Twitch;
• Google;
• Microsoft;
• Meta;
• Apple;
• OpenAI;
• Stripe;
• Amazon;
• other third-party providers introduced from time to time.

The Company does not control and is not responsible for:

• the availability of third-party services;
• changes to third-party APIs;
• changes to third-party terms;
• decisions made by third-party providers;
• suspension or termination of third-party accounts;
• accuracy of information provided by third parties.

Your use of third-party services remains subject to the applicable terms and privacy policies of those providers.

Changes made by third-party providers may affect the availability of certain features of the Service without creating liability for the Company.

The Company aims to maintain a reliable and secure Service.

However, uninterrupted availability cannot be guaranteed.

The Service may become temporarily unavailable due to:

• scheduled maintenance;
• emergency maintenance;
• software updates;
• infrastructure failures;
• failures affecting third-party providers;
• cybersecurity incidents;
• force majeure events;
• legal or regulatory requirements.

The Company may modify, suspend or discontinue any part of the Service where reasonably necessary for operational, legal, security or commercial reasons.

To the maximum extent permitted by applicable law, the Company shall not be liable for temporary interruptions or changes to the Service arising from such circumstances.

Nothing in these Terms excludes or limits the Company’s liability where such exclusion or limitation is prohibited by applicable law, including liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• wilful misconduct, where liability for such conduct cannot be excluded under applicable law; or
• any other liability that cannot lawfully be excluded or limited under applicable law.

Subject to the foregoing, and to the maximum extent permitted by applicable law, the Company shall not be liable for any:

• indirect damages;
• incidental damages;
• consequential damages;
• special damages;
• punitive damages;
• exemplary damages;
• loss of profits;
• loss of revenue;
• loss of goodwill;
• loss of business opportunity;
• loss of anticipated savings;
• loss of data not caused by the Company's failure to implement appropriate security measures;
• business interruption.

The limitations set out in this Section apply whether liability arises in contract, tort (including negligence), statute or otherwise.

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, contractors and affiliates from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or relating to:

• your breach of these Terms;
• your breach of applicable law;
• your User Content;
• your misuse of the Service;
• your infringement of the intellectual property rights or other rights of a third party;
• your fraudulent or unlawful conduct.

This indemnity shall not apply to the extent that the relevant claim results from the Company’s own negligence, fraud or wilful misconduct.

The Company may temporarily suspend or restrict access to all or part of the Service where reasonably necessary to:

• investigate suspected violations of these Terms;
• investigate abuse reports;
• protect the security or integrity of the Service;
• prevent fraud;
• comply with applicable law;
• comply with lawful requests from competent authorities;
• protect other users;
• perform emergency maintenance;
• respond to cybersecurity incidents.

Where reasonably practicable, the Company will notify the affected user of the suspension.

The Company is not obliged to provide advance notice where doing so would:

• compromise security;
• prejudice an investigation;
• violate applicable law;
• expose the Company or other users to harm.

Temporary suspension shall not, by itself, constitute a determination that a user has violated these Terms.

The Company may, from time to time, make available experimental, pre-release, trial or beta features (“Beta Features”).

Beta Features are provided for evaluation and testing purposes and may differ substantially from the final version of the relevant functionality.

Beta Features may:

• contain errors or defects;
• be incomplete;
• operate inconsistently;
• be modified without notice;
• be discontinued at any time.

To the maximum extent permitted by applicable law, Beta Features are provided without any representation or warranty of any kind.

The Company shall have no obligation to continue supporting or maintaining any Beta Feature or to release a production version.

Your use of Beta Features is entirely voluntary and at your own risk.

The Company continuously develops and improves the Service.

Accordingly, the Company may, where reasonably necessary:

• introduce new functionality;
• modify existing functionality;
• remove features;
• update the user interface;
• change technical requirements;
• introduce usage limits;
• modify supported gaming platforms;
• modify supported authentication providers;
• introduce or discontinue AI Features;
• modify subscription plans and pricing in accordance with applicable law.

Where changes materially affect the use of the Service, the Company will provide reasonable notice where required by applicable law.

Nothing in these Terms obliges the Company to maintain any specific functionality indefinitely.

The Company may amend these Terms from time to time.

Changes may be made in order to:

• reflect changes in applicable law;
• improve the Service;
• introduce new functionality;
• address security concerns;
• reflect changes to business operations;
• clarify existing provisions.

Where required by applicable law, users will be notified of material changes before such changes take effect.

Continued use of the Service after the effective date of updated Terms constitutes acceptance of the revised Terms.

If you do not agree with the updated Terms, you must discontinue your use of the Service and, where applicable, terminate your Account.

Neither the Company nor the user shall be liable for any failure or delay in performing obligations under these Terms where such failure or delay results from events beyond the reasonable control of the affected party.

Such events may include, without limitation:

• natural disasters;
• fire;
• flood;
• earthquake;
• epidemic or pandemic;
• war;
• terrorism;
• civil unrest;
• governmental actions;
• sanctions;
• interruptions of telecommunications networks;
• internet failures;
• failures of cloud infrastructure providers;
• widespread power outages;
• cyberattacks;
• labour disputes affecting third-party providers.

The affected party shall use reasonable efforts to minimise the impact of the event and resume performance as soon as reasonably practicable.

The Company may assign, transfer or otherwise dispose of its rights and obligations under these Terms, in whole or in part, including in connection with:

• a merger;
• acquisition;
• corporate restructuring;
• sale of assets;
• financing transaction; or
• transfer of the Service.

The Company will ensure that any successor remains bound by obligations substantially equivalent to those set out in these Terms where required by applicable law.

Users may not assign, transfer or otherwise dispose of their rights or obligations under these Terms without the Company’s prior written consent.

If any provision of these Terms is held to be invalid, unlawful or unenforceable by a court or competent authority, that provision shall be interpreted, limited or, where necessary, severed to the minimum extent required.

The remaining provisions of these Terms shall remain in full force and effect.

Failure or delay by the Company to exercise any right or remedy under these Terms shall not constitute a waiver of that right or remedy.

Any waiver shall be effective only if made expressly in writing.

A waiver of any breach shall not constitute a waiver of any subsequent or continuing breach.

Termination of these Terms or deletion of an Account shall not affect provisions which by their nature are intended to survive termination.

Without limitation, the following Sections shall survive:

• Intellectual Property;
• User Content Licence;
• Disclaimers;
• Limitation of Liability;
• Indemnification;
• Governing Law;
• Dispute Resolution;
• Privacy obligations;
• any provisions necessary for the interpretation or enforcement of these Terms.

These Terms, together with the following documents, constitute the entire agreement between the Company and the user relating to the use of the Service:

• Privacy Policy;
• Cookie Policy;
• Acceptable Use Policy;
• Community Guidelines;
• AI Usage Policy, where applicable; and
• any additional terms expressly incorporated by reference.

These documents supersede all prior agreements, understandings, representations and communications relating to the same subject matter.

Nothing in this Section limits any mandatory rights granted to consumers under applicable law.

These Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus, excluding its conflict of laws principles.

If you are a consumer residing in a jurisdiction whose mandatory consumer protection laws provide a higher level of protection than the laws of the Republic of Cyprus, nothing in these Terms shall deprive you of such mandatory protections.

The Company encourages users to contact customer support before initiating formal legal proceedings.

The parties shall use reasonable efforts to resolve disputes amicably.

Subject to mandatory consumer protection legislation, the courts of the Republic of Cyprus shall have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Service.

Nothing in these Terms limits the right of consumers to bring proceedings before the courts having jurisdiction under applicable mandatory consumer protection legislation.

By using the Service, you agree to receive communications from the Company electronically.

The Company may communicate with users through:

• email;
• in-Service notifications;
• Account notifications;
• publication on the Company's website; or
• other electronic means made available through the Service.

Electronic communications satisfy any legal requirement that such communications be made in writing, to the extent permitted by applicable law.

Questions regarding these Terms may be directed to:

General enquiries, Legal and Privacy enquiries: info@pyroblast.com
Support: support@pyroblast.com

Where applicable, the Company seeks to comply with the requirements of Regulation (EU) 2022/2065 on a Single Market for Digital Services (the “Digital Services Act” or “DSA”) and other applicable legislation governing intermediary services.

The Company may implement and maintain reasonable measures designed to:

• provide users with mechanisms to report content that may be unlawful or otherwise violate these Terms, the Acceptable Use Policy or the Community Guidelines;
• review reports submitted by users or competent authorities;
• investigate suspected misuse of the Service;
• remove, disable access to or otherwise restrict content where the Company reasonably believes such action is necessary to comply with applicable law, protect the rights of third parties, maintain the security or integrity of the Service, or enforce these Terms;
• suspend or terminate Accounts in accordance with these Terms where repeated or serious violations occur;
• cooperate with competent public authorities where required by applicable law.

The Company is not under a general obligation to monitor information transmitted or stored through the Service, nor is it required to actively seek facts or circumstances indicating illegal activity, except where otherwise required by applicable law.

Where required by the Digital Services Act or other applicable legislation, the Company may:

• provide statements of reasons for certain content moderation decisions;
• establish procedures for users to challenge moderation decisions;
• publish transparency information relating to content moderation activities;
• designate contact points for communications with users and competent authorities;
• adopt additional policies or procedures concerning content moderation, reporting mechanisms or user safety.

Nothing in this Section shall be interpreted as creating an obligation for the Company to proactively review, monitor or verify all User Content or private communications.

The Company reserves the right to adopt additional policies and procedures in order to comply with future legislative or regulatory requirements without requiring amendment of the core provisions of these Terms.