End User License Agreement (EULA) for Macabre

1. Introduction

"Macabre" ("Software" or "Game") is developed and published by WEFORGE STUDIO PTY LTD ("Licensor," "we," "us," or "our"). This EULA governs your use of the Software, including any closed playtest versions we invite you to, and explains how we handle data when you play (section 9).

You obtain the Software through Steam, which is operated by Valve Corporation. Your use of Steam is also governed by the Steam Subscriber Agreement.

2. Early Access

Macabre is an Early Access game: it is still in development. By playing it, you understand that:

1. Features, content, maps, balance and prices may change, be added or be removed.
2. Your progress, unlocks or saved data may be reset during development, for example when a major update changes how progression works. We will try to warn you before a reset, but we may not always be able to.
3. The Game may contain bugs, crashes and performance problems that we are still fixing.
4. We plan to keep developing the Game, but we cannot promise a date for, or the contents of, a full release.

Please buy the Game based on what it is today, not on what we hope to add.

3. Grant of License

WEFORGE STUDIO PTY LTD grants you ("Licensee") a personal, non-exclusive, non-transferable, revocable license to install and use the Software for your own personal, non-commercial entertainment, through the Steam account you used to obtain it. We keep all rights not expressly granted to you.

4. Restrictions

4.1 General Restrictions

You may not:

1. Reproduce, duplicate, copy, sell, resell, distribute, or otherwise exploit the Software for any commercial purposes, except as allowed for content creation in 4.2.
2. Modify, adapt, translate, or create derivative works based on the Software, except as allowed in 4.2.
3. Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software, except to the extent the law where you live allows this and does not let it be excluded.
4. Remove, alter, or obscure any proprietary notices or labels on the Software.

4.2 Streaming, Videos and Screenshots

You are welcome to stream, record and share gameplay, videos and screenshots of the Game, and to earn money from them through the platforms you publish on (for example, video ads, channel memberships and sponsorships). Please do not suggest that we endorse or sponsor you unless we have agreed to it in writing, and do not share material from a closed playtest where 4.3 applies.

4.3 Closed Playtests

We sometimes invite players to closed playtests of versions that are not yet public, such as the Macabre Playtest. When we invite you, we may ask you to keep what you see confidential, or to share it only in places we name, such as a channel on our official Discord server (https://discord.gg/macabre). If we do, you agree to follow those rules for that playtest. You may not invite others to a closed playtest unless we allow it. If you break these rules, we may remove your access to the playtest.

4.4 Fair Play

You may not use cheats, hacks, bots, exploits or unauthorised third-party software to gain an advantage, to disrupt other players' games, or to interfere with our services, including the telemetry service described in section 9. If you find a bug or exploit, please report it to us rather than use it.

5. System Requirements

The current minimum and recommended system requirements are listed on the Game's Steam store page (https://store.steampowered.com/app/1794830). Because the Game is in Early Access, they may change as it develops. Voice chat needs a microphone; everything else in the Game can be played without one.

6. User Communications

6.1 Conduct Guidelines

While using "Macabre", you may have access to in-game communication features such as chat or voice chat. You agree to adhere to the following conduct guidelines:

1. Respectful Behavior: Do not use abusive, threatening, obscene, defamatory, or discriminatory language.
2. No Harassment: Refrain from harassing, bullying, or intimidating other players.
3. Protect Privacy: Do not share personal information, including your own or others' real-world details.
4. No Spam: Avoid spamming messages, advertisements, or unsolicited content.
5. Prohibited Content: Do not share content that is illegal, offensive, or infringes on intellectual property rights.

6.2 Consequences of Misconduct

Violations of these conduct guidelines may result in:

1. Warning messages.
2. Temporary suspension of communication features.
3. Loss of access to the Game's online features.
4. Removal from our closed playtests and community spaces.

6.3 Company Liability

To the extent permitted by law, WEFORGE STUDIO PTY LTD is not responsible for any content, messages, or interactions between users within the game. All user communications are the sole responsibility of the individuals involved.

6.4 We Do Not Record Your Chat

Voice and text chat travel between players' games. We do not record or store them, with one exception: the optional playtest voice notes described in 9.5, which you must choose to turn on.

7. Feedback

7.1 Grant of Rights

If you provide WEFORGE STUDIO PTY LTD with any feedback, suggestions, or ideas regarding "Macabre" ("Feedback"), you hereby grant us a non-exclusive, royalty-free, irrevocable, perpetual license to use, reproduce, modify, distribute, and incorporate such Feedback into the Game or any other products or services.

7.2 No Obligation

WEFORGE STUDIO PTY LTD is not obligated to use any Feedback provided and may choose to implement it at our sole discretion.

8. International Use

"Macabre" may be accessible worldwide via the Steam platform. However, WEFORGE STUDIO PTY LTD does not warrant that the game is lawful in every jurisdiction. It is the user's responsibility to ensure that accessing and using "Macabre" complies with all applicable local laws and regulations in their region.

9. Data Collection and Privacy

This section explains what data the Game collects, why, who receives it, how long we keep it, and your rights. WEFORGE STUDIO PTY LTD is responsible for this data (the "controller" under data protection laws such as the GDPR). You can contact us about it at hello@weforgestudio.com or at the address in section 20.

9.1 Crash Reports

The Game sends crash reports, and its log files, to help us find and fix technical problems. These contain technical information such as your hardware and system configuration and what the Game was doing, and they include your Steam ID and Steam display name. Log files can also include the Steam display names of the other players in your session. We use them only to diagnose and fix technical problems. We rely on our legitimate interest in keeping the Game working, and you can object by contacting us.

9.2 Gameplay Data

The Game sends gameplay and performance data to us so we can fix bugs, balance the game and improve it. This includes, for example:

1. where your character goes in a match, what you collect, which actions and abilities you use, and when you die or finish a match;
2. how long you play, and your game settings;
3. performance information and your hardware and operating system.

Where we ask first. If you play in the European Union, the European Economic Area, the United Kingdom, Switzerland, Brazil or South Korea, or if we cannot tell where you are, the Game asks for your permission when you first launch it. Nothing is sent unless you agree, and our legal basis is your consent.

Everywhere else, gameplay data is on by default and the Game tells you about it when you first launch it. Our legal basis is our legitimate interest in fixing and improving the Game, and you can turn it off at any time (9.4).

To decide which applies, the Game uses the country Steam reports for your connection. This check happens on your PC and the country is not sent to us.

What it is linked to. Gameplay data is linked to a random ID created for your installation of the Game (your "data ID") and to a pseudonymised form of your Steam ID: our server replaces your Steam ID with a one-way code before anything is stored.

What it never includes. It contains no chat, no voice (apart from the optional playtest voice notes in 9.5), no names, no email addresses, no friends lists, no Steam profile details and no payment information. Your IP address is used only to protect our service from abuse and is never stored by us.

What we never do with it. We never sell it, never share it for advertising, and do not use it to make decisions that have legal or similarly significant effects on you.

9.3 How Long We Keep Data

1. Gameplay data, including playtest voice note text, is kept for up to 24 months and then deleted automatically.
2. Playtest voice audio never leaves your PC and is deleted there within 24 hours (9.5).
3. Crash reports are kept by BugSplat in accordance with its policies.

9.4 Your Choices

In the Game's Settings > Controls you can, at any time:

1. Turn gameplay data off. Collection stops straight away, and any gameplay data still waiting on your PC is deleted. Turning it off does not affect how the Game plays.
2. See your data ID. Include it when you contact us, so we can find your data.
3. Delete my data. This asks us to delete everything already sent from your installation. We complete the deletion within 30 days.

9.5 Playtest Voice Notes (Macabre Playtest only)

In the Macabre Playtest you can choose to let the Game turn what you say over in-game voice chat into text, so we can hear what players think of the Game. It is off until you choose Record on the card shown when the Playtest starts. If you choose Don't Record, we never ask again. Our legal basis is your consent, which you can withdraw at any time.

1. Your voice is turned into text on your own PC. The audio never leaves your PC and is deleted once it has been turned into text, normally within minutes and always within 24 hours.
2. Before the text leaves your PC, numbers, email addresses, web addresses and your teammates' names are removed. The text is then sent with your gameplay data (9.2) and linked to the same identifiers.
3. A REC light shows while it is on, and your squad can see who is recording. F9 throws away your last two minutes. Ctrl+F8 turns it off and deletes anything still on your PC. Delete my data (9.4) deletes the text along with the rest of your data.
4. We read it, and we use Anthropic's Claude, as our service provider, to help us search and summarise it.
5. Your microphone can pick up people near you, or teammates playing through your speakers. Please use headphones, and let people near you know. While a teammate who has not turned voice notes on is talking, your microphone is not recorded.

9.6 Who Receives Data

We share data only with service providers that process it on our behalf, under contract, for the purposes above:

1. Cloudflare receives and stores gameplay data.
2. BugSplat receives and stores crash reports and log files.
3. Anthropic helps us search and summarise playtest voice notes.

We may also disclose data if the law requires it, or to protect the safety of our players or the security of our services.

9.7 International Transfers

We are based in Australia, and our service providers operate in several countries, including the United States. Your data may therefore be processed outside the country where you live. Where the law requires it, for example for data from the EU, the UK or Switzerland, we protect these transfers with safeguards such as the standard contractual clauses approved for that purpose.

9.8 Security

Data is sent to us encrypted. Access is limited to the people at WEFORGE STUDIO PTY LTD who need it to work on the Game. Gameplay data is pseudonymised as described in 9.2.

9.9 Your Rights

Wherever you live, you can ask us for a copy of your data, to correct it, or to delete it, and you can turn gameplay data and voice notes off at any time. Email hello@weforgestudio.com with your data ID. We will reply within 30 days, and we will not treat you differently for using your rights. Depending on where you live, you also have these rights:

1. EU, EEA, UK and Switzerland: access, correction, erasure, restriction, data portability, and objection to processing based on legitimate interests. Where we rely on consent, you can withdraw it at any time; this does not affect processing before you withdrew it. You can complain to the data protection authority where you live or work, for example the UK Information Commissioner's Office.
2. Brazil: the rights of data subjects under the LGPD, including confirmation of processing, access, correction, anonymisation or deletion, portability, and information about sharing. You can complain to the ANPD.
3. South Korea: the rights under the Personal Information Protection Act, including access, correction, deletion and suspension of processing.
4. California and other US states with privacy laws: the right to know what personal information we collect, use and disclose, to delete it, to correct it, and not to be discriminated against for using these rights. We do not sell or share personal information for cross-context behavioural advertising. The categories we collect are identifiers (the data ID and pseudonymised Steam ID), internet or other electronic activity (gameplay data), and, for playtest voice notes only, audio turned into text on your PC.
5. Australia: access and correction under the Australian Privacy Principles. If you are not satisfied with how we handle a privacy complaint, you can contact the Office of the Australian Information Commissioner (https://www.oaic.gov.au).

9.10 Children

Macabre is not intended for children. We do not knowingly collect personal data from children under 13, or under the age at which a child can consent to data processing where they live (for example, 16 in some EU countries). If we learn that we have, we will delete it. If you are under that age, please do not turn on gameplay data or playtest voice notes.

9.11 Privacy Policy

Our Privacy Policy (https://www.weforgestudio.com/privacy-policy) gives more detail about how WEFORGE STUDIO PTY LTD handles personal data.

10. Third-Party Services

10.1 Steam

The Game uses Steam for purchases, updates, multiplayer and voice chat. Valve's handling of your data is governed by its own privacy policy and the Steam Subscriber Agreement.

10.2 Our Service Providers

BugSplat, Cloudflare and Anthropic process data for us as described in 9.6. BugSplat's policies: Privacy Policy (https://docs.bugsplat.com/introduction/production/security-privacy-and-compliance/privacy-policy) and Terms of Service (https://docs.bugsplat.com/introduction/production/security-privacy-and-compliance/terms).

10.3 Other Third-Party Services

The Software may incorporate additional third-party services and tools. Your use of these services is subject to their respective terms and privacy policies. To the extent permitted by law, the Licensor is not responsible for the practices or content of these third parties.

11. Your Steam Account

You play the Game through your Steam account. You are responsible for keeping your Steam account secure and for activity in the Game under it. You may not share, sell, transfer, or assign access to the Game except as Steam allows.

12. Purchases, Refunds and Kickstarter Rewards

12.1 Purchases and Refunds

Purchases of the Game and any additional content are made through Steam and are subject to Steam's terms, including Steam's refund policy. This does not affect your rights under the consumer laws of your country (see section 15).

12.2 Kickstarter Backers

If you received the Game or other rewards through our Kickstarter campaign, those rewards are as described in the campaign, in addition to this EULA.

12.3 Promotional Codes

If you receive any promotional codes or discounts related to the Game, these are subject to specific terms and conditions outlined separately. Promotional codes may not be redeemed for cash or other forms of compensation unless explicitly stated.

13. Termination

This EULA is effective until terminated. We may terminate it if you seriously or repeatedly breach it, for example by cheating (4.4) or harassing other players (6.1). Upon termination, you must cease all use of the Software. Sections 7, 9, 15 to 19 and 21 continue to apply after termination, and termination does not affect rights you have under the law of your country, or data protection rights under section 9.

14. Updates and Upgrades

Licensor may, from time to time, provide updates or upgrades to enhance the functionality of the Software. As described in section 2, updates may change or remove features during Early Access. These updates or upgrades are subject to the terms of this EULA unless accompanied by a separate license agreement.

15. Consumer Guarantees and Warranties

15.1 Your Statutory Rights

If you are a consumer in Australia, the Game comes with guarantees that cannot be excluded under the Australian Consumer Law. If you are a consumer in the European Union, the United Kingdom or another country with consumer protection laws, you have statutory rights about digital content that is faulty or not as described. Nothing in this EULA excludes, restricts or modifies any of those guarantees or rights.

15.2 Everything Else

Apart from the guarantees and rights in 15.1, and to the maximum extent permitted by law, the Software is provided "as is" and "as available", as an Early Access game in development (section 2), without any other warranty, express or implied, including warranties of merchantability, fitness for a particular purpose, title or non-infringement.

16. Limitation of Liability

To the maximum extent permitted by law:

1. WEFORGE STUDIO PTY LTD is not liable for any incidental, consequential, indirect, special, or punitive damages arising out of or related to your use of the Software; and
2. WEFORGE STUDIO PTY LTD's total liability to you under this EULA is limited to the amount you paid for the Game.

Where the Australian Consumer Law allows our liability for failing to meet a consumer guarantee to be limited, it is limited to supplying the Game again or paying the cost of having it supplied again.

Nothing in this EULA limits or excludes liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence, for fraud, or under the consumer protection laws of your country.

17. Indemnification

To the extent permitted by law, you agree to indemnify WEFORGE STUDIO PTY LTD and its affiliates, officers, agents, and employees against claims, losses, liabilities and reasonable costs arising from your breach of this EULA or your misuse of the Software. This does not apply to consumers where local law does not allow it.

18. Governing Law and Dispute Resolution

18.1 Governing Law

This EULA shall be governed by and construed in accordance with the laws of New South Wales (NSW), Australia, without regard to its conflict of law principles. If you are a consumer living outside Australia, you also keep the protection of the mandatory laws of the country where you live, and you may bring a claim in the courts of that country.

18.2 Informal Resolution

You agree that in the event of any dispute, controversy, or claim (collectively, "Claim") between you and the Licensor, you will first contact Licensor at hello@weforgestudio.com and make a good faith effort to resolve the dispute before resorting to more formal means of resolution, such as court action. This does not stop you from contacting a consumer or data protection authority at any time.

19. Intellectual Property

19.1 Ownership

All rights, title, and interest in and to "Macabre", including all related intellectual property rights, are owned by WEFORGE STUDIO PTY LTD. The Software is protected by international intellectual property laws.

19.2 Trademark Usage

You may not use any of our trademarks, service marks, or logos without our prior written consent, except to identify the Game in content allowed under 4.2.

19.3 Copyright Notices (DMCA)

If you believe that any content within "Macabre" infringes upon your copyrighted work, please submit a DMCA notice to our designated agent:

Your DMCA notice must include:

1. Identification of the copyrighted work.
2. Identification of the allegedly infringing material.
3. Your contact information.
4. A statement of good faith belief of infringement.
5. A statement of accuracy under penalty of perjury.
6. Your electronic or physical signature.

Upon receipt, we will investigate and take appropriate action.

20. Communications Between Us

20.1 Contact Information

If you wish to contact us regarding this EULA, your data or "Macabre", you can reach us through the following channels:

1. Email: hello@weforgestudio.com
2. Mailing Address:
   WEFORGE STUDIO PTY LTD
   M3-32, The Wharf Mooloolaba
   123 Parkyn Parade
   Mooloolaba Qld 4557
   Australia

20.2 Response Times

We strive to respond to all inquiries within 7 business days. However, response times may vary based on the volume of requests and the nature of the inquiry. Requests about your data are answered within the time set in 9.9.

20.3 Support and Inquiries

If you have any questions or concerns regarding the Game or this EULA, please contact us at hello@weforgestudio.com or join our official Discord server (https://discord.gg/macabre) for support.

21. Changes to This EULA

We may update this EULA, for example as the Game develops through Early Access. When we make a significant change, Steam will ask you to accept the new version before you next play, and we will update the date at the top. If you do not agree, you may stop using the Game, and you keep your rights under section 9 and under the law of your country.

22. Miscellaneous

22.1 Entire Agreement

This EULA, together with the Steam Subscriber Agreement and our Privacy Policy, constitutes the entire agreement between you and WEFORGE STUDIO PTY LTD regarding your use of "Macabre" and supersedes all prior or contemporaneous understandings, agreements, or communications, whether written or oral.

22.2 Severability

If any provision of this EULA is held to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions will remain in full effect.

22.3 Non-Waiver

Our failure to enforce any provision of this EULA does not constitute a waiver of that provision or any other provision.

22.4 Assignment

WEFORGE STUDIO PTY LTD may assign or transfer its rights and obligations under this EULA, provided this does not reduce your rights. You may not assign or transfer your rights or obligations under this EULA without our prior written consent.

22.5 No Third-Party Beneficiaries

This EULA is for the sole benefit of the parties and their respective successors and permitted assigns. Nothing in this EULA is intended to confer any rights or remedies on any other person.