Effective Date: March 31, 2025
These Terms and Conditions (“T&C” or “Terms”) govern your access to and use of WAGMI Defense, a mobile game developed and operated by WAGMI Game Co., a Delaware corporation with its principal office at 8924 E Pinnacle Peak Road, STE G5, Scottsdale, AZ, 85255 (“Company,” “we,” “us,” or “our”), including its mobile application, website (wagmigames.com), associated services, virtual goods, non-fungible tokens (NFTs), community platforms, and all related content, features, and functionalities (collectively, the “Game”). By downloading, accessing, or using the Game, you agree to be bound by these Terms, our Privacy Policy, and the End User License Agreement (EULA). If you do not agree, you are prohibited from using the Game.
1.1 Age Requirement: You must be at least 13 years old to access, use, or create an account for WAGMI Defense, as the Game is not intended for children under 13 without verifiable parental consent, in compliance with the Children’s Online Privacy Protection Act (COPPA, 15 U.S.C. §§ 6501–6506). If you are under 18, your parent or legal guardian must review and consent to these Terms on your behalf. The Game is rated 3+ on Google Play and 9+ on the Apple App Store for content suitability; however, eligibility to enter this agreement is set at 13+ to ensure legal enforceability under Delaware law (10 Del. C. § 8106). Users under 13 are prohibited from using the Game unless we implement and verify parental consent mechanisms, which we do not currently provide.
1.2 Legal Capacity: You represent and warrant that you have the legal capacity to enter into these Terms, are not under any legal disability (e.g., bankruptcy affecting contract rights), and are not barred from using the Game under applicable laws, regulations, or sanctions (e.g., OFAC restrictions).
1.3 Geographic Restrictions: Access may be restricted in jurisdictions where the Game or its NFT features are prohibited by law; it is your responsibility to ensure compliance with local regulations.
2.1 Registration: Access to certain features (e.g., NFT acquisition, multiplayer modes) requires an account. You must provide accurate, current, and complete information during registration and promptly update it to maintain accuracy. Failure to do so may result in suspension or termination.
2.2 Security: You are solely responsible for maintaining the confidentiality of your account credentials (e.g., username, password, blockchain wallet private keys) and for all activities, transactions, or actions occurring under your account, whether authorized by you or not. You agree to notify us immediately at support@wagmigame.io of any unauthorized use, security breach, or loss of credentials. We are not liable for losses resulting from your failure to secure your account or wallet.
2.3 Account Restrictions: You may not share, sell, or transfer your account to another person without our prior written consent. We may impose additional verification requirements (e.g., identity checks) to prevent fraud or abuse.
2.4 Suspension or Termination: We reserve the right to suspend, restrict, or terminate your account or access to the Game, with or without notice, for any reason, including violations of these Terms, suspected fraudulent or illegal activity, failure to comply with payment obligations, or to protect our rights, property, or other users, without liability to you.
3.1 License: Your use of the Game is governed by the EULA, which grants a limited, revocable license for personal, non-commercial use, subject to these Terms.
3.2 Acceptable Use: You agree to use the Game solely for its intended purpose as a tower defense game with NFT integration and community features, in a lawful and respectful manner.
3.3 Prohibited Conduct: You shall not:
a. Use cheats, hacks, bots, exploits, or unauthorized third-party software to alter gameplay or gain an unfair advantage;
b. Engage in harassment, bullying, threats, defamation, or abusive behavior toward other players, staff, or third parties;
c. Transmit viruses, malware, spyware, or any code designed to harm, disrupt, or infiltrate the Game or users’ systems;
d. Collect, scrape, or harvest personal information from other users without their explicit consent;
e. Impersonate any individual or entity, including WAGMI Game Co. employees, or misrepresent your identity or affiliation;
f. Engage in fraudulent activities, such as payment fraud, account hacking, or NFT manipulation;
g. Violate any applicable laws, regulations, or third-party rights, including those governing digital assets, blockchain transactions, or online conduct;
h. Interfere with, disrupt, or attempt to gain unauthorized access to the Game’s servers, networks, databases, or infrastructure;
i. Use the Game to promote, facilitate, or engage in illegal activities, including money laundering or unlicensed gambling.
3.4 Community Standards: If the Game includes chat, forums, or social features, you agree to adhere to our community guidelines (available upon request), which prohibit offensive, discriminatory, or inappropriate content.
3.5 Enforcement: We may investigate suspected violations at our sole discretion and take any action deemed necessary, including removing content, issuing warnings, suspending or banning accounts, or pursuing legal remedies, without prior notice or liability. We are not obligated to monitor user conduct but reserve the right to do so.
4.1 Fees: Certain features, virtual goods, or NFTs require payment in fiat currency (e.g., USD via Apple Pay, Google Pay). You agree to pay all applicable fees, taxes, and charges as displayed at the time of purchase, using only authorized payment methods.
4.2 Virtual Goods and NFTs:
Virtual Goods: Items like in-game currencies or power-ups are licensed to you for use exclusively within the Game and have no monetary value outside it. They are not redeemable, transferable, or refundable except as required by law.
NFTs: Non-fungible tokens (e.g., collectible cards, characters) are blockchain-based assets you own upon acquisition, recorded on a supported blockchain. You may trade, sell, or transfer NFTs on compatible external platforms, subject to our retained intellectual property rights in the underlying content (e.g., artwork, designs). NFTs have external market value, but we do not guarantee their value, liquidity, or continued functionality within or outside the Game.
4.3 Purchases: In-game purchases are facilitated through gameplay rewards or our in-app shop, using fiat currency. We do not sell NFTs directly outside the Game ecosystem. All purchases are final and non-refundable, except where mandatory under applicable law (e.g., EU 14-day withdrawal right under Directive 2011/83/EU, if not waived by immediate use).
4.4 Modifications: We may modify, suspend, limit, or remove virtual goods or NFTs (e.g., altering their attributes, availability, or in-Game utility) at our discretion, without liability, provided your ownership of NFTs remains on the blockchain. We are not responsible for external factors affecting NFTs (e.g., blockchain failures, marketplace shutdowns).
4.5 Risks: You acknowledge and accept all risks associated with virtual goods and NFTs, including loss due to wallet breaches, market crashes, regulatory changes, or technological obsolescence.
4.6 Payment Disputes: You must resolve payment disputes directly with third-party payment processors; we are not responsible for their errors or policies.
5.1 Ownership: All Game content, including code, graphics, audio, text, virtual goods, NFTs (excluding user ownership), and related materials, is owned by WAGMI Game Co. or its licensors and protected by U.S. and international intellectual property laws (e.g., Copyright Act, 17 U.S.C.; Lanham Act, 15 U.S.C.).
5.2 User Content: You grant us a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, distribute, publicly perform, publicly display, and create derivative works of any content you create, upload, or submit via the Game, for any purpose related to the Game or our operations, subject to our Privacy Policy.
5.3 Trademarks: “WAGMI Defense,” “WAGMI Game Co.,” and associated logos are trademarks of WAGMI Game Co. You may not use them without prior written permission.
5.4 Infringement Claims: If you believe your intellectual property rights are infringed within the Game, submit a detailed notice to support@wagmigame.io per the Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512).
6.1 By You: You may terminate these Terms by ceasing all use of the Game and closing your account via the in-Game settings or by contacting support@wagmigame.io.
6.2 By Us: We may terminate or suspend your access to the Game, with or without notice, for any reason, including breach of these Terms, Game discontinuation, legal compliance, or at our sole discretion, without liability.
6.3 Effect of Termination: Upon termination, your rights to access the Game cease, though NFT ownership persists on the blockchain per Section 4.2. Sections 4.2, 4.5, 5, 6.3, 7, 8, 9, 10, and 11 survive termination indefinitely.
6.4 No Refunds: Termination does not entitle you to refunds, except as required by law.
THE GAME IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE GAME WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR COMPATIBLE WITH ALL DEVICES. WE DISCLAIM ANY GUARANTEE REGARDING THE VALUE, PERFORMANCE, OR AVAILABILITY OF NFTS OR BLOCKCHAIN INTEGRATIONS.
8.1 Exclusion: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAGMI GAME CO., ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, USE, OR NFT VALUE, ARISING FROM YOUR USE OF THE GAME, EVEN IF ADVISED OF SUCH DAMAGES, REGARDLESS OF THE LEGAL THEORY.
8.2 Cap: OUR TOTAL LIABILITY IS LIMITED TO THE GREATER OF YOUR PAYMENTS TO US IN THE PAST 12 MONTHS OR $100 USD.
8.3 Exceptions: Some jurisdictions do not allow certain exclusions; limitations apply to the fullest extent enforceable.
You agree to indemnify, defend, and hold harmless WAGMI Game Co., its affiliates, and their officers, directors, employees, and agents from claims, damages, or expenses (including attorneys’ fees) arising from your use of the Game, breach of these Terms, or violation of laws or rights, with us retaining the right to control defense at our expense.
10.1 Governing Law: These Terms are governed by Delaware law, excluding conflict of law rules, and applicable U.S. federal law.
10.2 Arbitration: Disputes shall be resolved by binding arbitration under AAA Commercial Rules in Wilmington, Delaware, unless you opt out within 30 days by emailing support@wagmigame.io. Arbitration is individual; class actions are waived.
10.3 Exceptions: Injunctive relief for IP violations or small claims may be pursued in court.
11.1 Entire Agreement: These Terms, the EULA, and Privacy Policy constitute the full agreement, superseding prior agreements.
11.2 Amendments: We may update these Terms, effective upon posting or notice. Continued use signifies acceptance.
11.3 Severability: Invalid provisions are reformed; others remain enforceable.
11.4 Waiver: No waiver is effective unless in writing.
11.5 Force Majeure: We are not liable for delays beyond our control (e.g., natural disasters, blockchain failures).
11.6 Assignment: You may not assign without consent; we may assign freely.
11.7 Notices: Sent via email, Game notifications, or to support@wagmigame.io.
11.8 Export Compliance: You must comply with U.S. export laws.
11.9 Contact: Reach us at support@wagmigame.io or 8924 E Pinnacle Peak Road, STE G5, Scottsdale, AZ, 85255.