1. Agreement to Terms; Additional Terms
These Terms of Service (these “Terms”) govern your access to and use of the websites, mobile applications, applications, Telegram mini apps, software, games, content, features, and related online services made available by Spekter Games Inc., a Delaware corporation (“Spekter,” the “Company,” “we,” “us,” or “our”), including Spekter Agency, Spekter Agency: Survivor, Spekter City, and other Spekter-branded products except to the extent product-specific terms apply (collectively, the “Services”).
By accessing or using the Services, creating an account, downloading any application, clicking “I agree,” or otherwise indicating acceptance, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.
The Spekter City Blockchain, TON and Reward Pool Addendum applies only to Spekter City blockchain-enabled functionality, TON/SPEK/token-related functionality, wallet connectivity, gameplay reward distribution mechanics, and related on-chain services administered by Nexion Inc., a Panama corporation (“Nexion”). These base Terms do not make Nexion responsible for Spekter Agency, Spekter Agency: Survivor or other non-Spekter City products.
Certain products, features, platforms, events, contests, promotions, mobile applications, blockchain-enabled features, digital asset integrations, or reward programs may be subject to additional terms, rules, policies, or guidelines (“Additional Terms”). Additional Terms are incorporated into these Terms by reference. If there is a conflict, the Additional Terms control for the product or feature to which they apply.
For clarity, “Spekter City” as used in these Terms and in the Spekter City Blockchain, TON and Reward Pool Addendum means the Spekter City Telegram mini app. It does not include Spekter City: Operator Zero, which is a separate game published on the Spekter Platform at www.spekter.xyz. The Spekter Platform and the games published on it, including Spekter City: Operator Zero, are not part of the Services under these Terms and are governed by the separate Spekter Platform Terms of Service available at www.spekter.xyz. Spekter City: Operator Zero shares a fictional setting with the Spekter City Telegram mini app but does not include blockchain, token, wallet, or on-chain reward functionality of any kind.
The Spekter City Blockchain, TON and Reward Pool Addendum applies only to Spekter City blockchain-enabled functionality, TON/SPEK/token-related functionality, wallet connectivity, gameplay reward distribution mechanics, and related on-chain services administered by Nexion Inc., a Panama corporation (“Nexion”). These base Terms do not make Nexion responsible for Spekter Agency, Spekter Agency: Survivor or other non-Spekter City products.
The Spekter Agency: Survivor Mobile App Terms and End User License Agreement applies to Spekter Agency: Survivor and any other Company mobile application distributed through the Apple App Store, Google Play, or another app marketplace to the extent stated in those mobile terms.
If you access or useSpekter Agency: Survivor from the Republic of Korea, the Spekter Agency: Survivor Korea Terms of Service and the Spekter Agency: Survivor Korea Privacy Policy, each available at www.spekter.games/spekter-agency-survivor-terms-of-service-kr and www.spekter.games/spekter-agency-survivor-privacy-policy-kr, apply to your use of that game.To the extent of any conflict between those Korea documents and these Terms,the Korea documents control for Spekter Agency: Survivor.
2. Arbitration Notice and Class Action Waiver
PLEASE READ THE DISPUTE RESOLUTION SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THESE TERMS REQUIRE YOU AND THE COMPANY TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, NOT IN COURT, AND YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, REPRESENTATIVE ACTION, OR JURY TRIAL. IF YOU ARE A CONSUMER RESIDENT IN THE REPUBLIC OF KOREA, THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DO NOT APPLY TO YOU. SEE SECTION 22.
3. Privacy
Our Privacy Policy explains how we collect, use, disclose, and protect information. The Privacy Policy is incorporated into these Terms by reference and is available at www.spekter.games/privacy-policy.
You agree that we may collect and process information as described in our Privacy Policy. You are responsible for ensuring that information you provide is accurate and current.
4. Changes to Terms or Services
We may update these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms, updating the “Last Updated” date, sending an in-service notice, or using another reasonable method. Your continued use of the Services after the effective date of an updated version means that you accept the updated Terms.
The Services are evolving. We may add, modify, suspend, discontinue, limit, or remove any part of the Services at any time, with or without notice, subject to applicable law and any applicable paid subscription or purchase terms.
5. Eligibility; Geographic Restrictions
You may use the Services only if you are legally able to form a binding contract with the Company and are not barred from using the Services under applicable law. You must be at least 13 years old or the minimum age required in your jurisdiction to use online services. If you are under the age of majority in your jurisdiction, your parent or legal guardian must review and accept these Terms on your behalf.
The Services are available only in jurisdictions where we make them available and where your use is lawful. We may restrict, block, suspend, or terminate access from certain jurisdictions, IP addresses, devices, accounts, payment methods, or users where we determine that access may violate law, platform rules, these Terms, or our risk controls.
You may not use the Services if you are subject to sanctions or trade restrictions administered or enforced by the United States, the United Kingdom, the European Union, the United Nations, Panama, or another applicable governmental authority, or if you are located, organized, or resident in a comprehensively sanctioned jurisdiction.
6. Accounts; Security; Account Deletion
Some Services require an account. The Services may allow you to create or access an account through guest access, email, Google Sign-In, Apple Sign-In, LINE, or other supported login methods. You agree to provide accurate, complete, and current information and to keep your login credentials confidential. You are responsible for all activity that occurs through your account, whether or not authorized by you.
You may not sell, transfer, assign, lend, sublicense, gift, or otherwise share your account or login credentials. We may reclaim or change usernames, display names, handles, or account identifiers that are offensive, misleading, inactive, infringing, impersonating, or otherwise inconsistent with these Terms.
You must notify us promptly of any unauthorized account access or other security incident. We are not responsible for losses arising from your failure to protect your account, device, credentials, email account, authentication method, or any third-party account used to access the Services.
If the Services allow account creation, we will provide a way for you to request or initiate account deletion, including through the applicable app where required by platform rules. Deleting your account may delete access to your account, progress, User Content, Virtual Items, subscriptions, rewards, and other data, subject to legal retention requirements, fraud prevention, dispute resolution, backups, and legitimate business needs. Account deletion does not automatically cancel app-store subscriptions, which must be managed through the applicable app store account settings unless otherwise stated.
If you use the Services through a guest account, account deletion may be processed immediately and may be unrecoverable. If you link your account to Google, Apple, LINE, or another third-party login method, we may retain the linked account for a short period, currently expected to be seven (7) days, before completing deletion, including to support account recovery, fraud prevention, security, dispute resolution, and legal compliance. After deletion is completed, your account, progress, purchases, Virtual Items, and related data may not be recoverable, except to the extent retained as required or permitted by law.
7. License to Use the Services
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial entertainment purposes.
You may not copy, modify, distribute, sell, lease, sublicense, publicly perform, publicly display, reverse engineer, decompile, disassemble, scrape, frame, mirror, or create derivative works from the Services except as expressly permitted by us or by applicable law.
We and our licensors reserve all rights not expressly granted to you. No rights are granted by implication, estoppel, or otherwise.
8. Updates; Availability; Device Requirements
We may require you to download updates or additional software to continue using the Services. Some Services may not operate properly on all devices, operating systems, networks, territories, or configurations.
You are responsible for obtaining and maintaining any device, operating system, carrier plan, internet connection, data plan, software, or third-party service needed to access the Services, and you are responsible for all related charges.
We do not guarantee that the Services will be available at all times or that any feature, season, leaderboard, event, item, character, level, or content will remain available.
9. Gameplay; Virtual Items; Non-Token Rewards
The Services may include points, credits, virtual currency, virtual items, skins, characters, boosts, levels, badges, rankings, leaderboard status, achievements, access rights, or other digital content that is not a blockchain token (collectively, “Virtual Items”). Unless we expressly state otherwise in applicable Additional Terms, Virtual Items are licensed, not sold, and do not constitute property, stored value, money, legal tender, securities, commodities, financial instruments, bank deposits, or payment instruments.
Virtual Items have no cash value, may not be redeemed for cash or other value, may not be transferred outside the Services, and may not be sold, assigned, pledged, traded, bartered, sublicensed, or exchanged except as expressly enabled by the Services and permitted by these Terms.
Except as prohibited by applicable law or platform rules, we may manage, regulate, modify, substitute, suspend, revoke, reset, or remove Virtual Items, gameplay mechanics, balances, progression, leaderboards, or reward calculations at any time, including to correct errors, address fraud or abuse, comply with law, rebalance gameplay, or discontinue features.
Paid Virtual Items and app-store purchases are also subject to the purchase, subscription, and platform rules below and, where applicable, the Mobile App Terms. To the extent Apple or Google rules prohibit expiration of certain purchased credits or in-game currencies, the applicable platform rule will control for that platform.
10. Purchases; Subscriptions; Refunds
The Services may allow you to purchase access to content, subscriptions, Virtual Items, ad-free features, premium features, or other digital goods. Prices, taxes, billing periods, renewal terms, and purchase conditions will be disclosed in the applicable purchase flow.
All purchases are final and non-refundable except as required by applicable law, stated in the applicable Additional Terms, or provided by the applicable app store or payment provider. We may refuse or cancel orders, correct pricing or description errors, and suspend access in connection with suspected fraud, chargebacks, payment disputes, or unauthorized transactions.
If you purchase a subscription, it may automatically renew unless you cancel before the renewal date through the applicable subscription management flow. App-store subscriptions must be cancelled through your Apple App Store or Google Play account settings unless we provide another cancellation method.
Where Apple or Google app store rules require use of in-app purchase or Google Play billing for digital goods or services, the applicable in-app purchase or billing system must be used. You may not use cryptocurrency, a cryptocurrency wallet, external payment rails, license keys, QR codes, or other mechanisms to unlock in-app digital features or functionality where platform rules require app-store billing.
For purchases made through the Apple App Store or Google Play, billing, cancellation, and refund requests are handled by Apple or Google, as applicable, and are subject to the applicable app store’s terms, conditions, and refund policies. To the extent there is any conflict between these Terms and the applicable Apple or Google refund policy for an app-store purchase, the applicable app store policy will control.
11. No Token, Wallet, or Financial Functionality Unless Expressly Stated
Except to the extent expressly provided in product-specific Additional Terms, the Services do not include wallet services, exchange services, brokerage services, money transmission, payment services, banking, custody, staking, yield, investment advisory services, financial advice, or token redemption services.
Spekter Agency, Spekter Agency: Survivor and other non-Spekter City products do not include Nexion-administered blockchain reward mechanics, TON/SPEK/token functionality, sTON-style gameplay reward metrics, or on-chain reward distributions unless we publish separate terms that expressly say otherwise.
Nothing in the Services or these Terms is a recommendation, solicitation, offer to sell, or offer to buy any token, digital asset, security, commodity, financial instrument, or investment product.
12. User Content
The Services may allow you to create, upload, post, transmit, store, display, or share text, images, usernames, avatars, messages, gameplay clips, feedback, communications, or other content (“User Content”). You retain ownership of your User Content, subject to the license below.
You grant the Company a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to host, store, reproduce, distribute, modify, adapt, display, perform, publish, translate, create derivative works from, and otherwise use your User Content for purposes of operating, improving, promoting, protecting, and providing the Services.
You represent and warrant that you own or have all rights necessary to grant this license and that your User Content does not violate law, infringe or misappropriate any third-party rights, or violate these Terms.
We may remove, restrict, disable, preserve, or disclose User Content if we believe it violates these Terms, may harm users or the Services, may create liability, or is required by law or platform rules. We may provide reporting, blocking, filtering, and moderation tools, but we are not obligated to monitor all User Content.
13. Prohibited Conduct
You agree not to: (a) violate law or third-party rights; (b) use the Services for a commercial purpose without our written permission; (c) harass, threaten, abuse, impersonate, exploit, or harm another person; (d) post unlawful, defamatory, obscene, pornographic, hateful, violent, discriminatory, fraudulent, deceptive, or otherwise objectionable content; (e) interfere with the Services or any user, host, network, smart contract, wallet connection, or technical system; (f) introduce malware or harmful code; (g) scrape, crawl, index, harvest, or collect data except as permitted by robots.txt or our written instructions; (h) bypass access controls, rate limits, security, moderation, geofencing, sanctions, eligibility, payment, or anti-fraud controls; (i) use bots, scripts, emulators, farms, multi-accounting, Sybil attacks, collusion, exploits, unauthorized automation, or other unfair methods; (j) buy, sell, rent, lend, trade, or transfer accounts or access; (k) manipulate rankings, leaderboards, rewards, reviews, ratings, referrals, promotions, or app-store metrics; (l) reverse engineer or attempt to derive source code except as allowed by law; (m) use the Services to facilitate gambling, wagering, money laundering, terrorist financing, sanctions evasion, or other illegal activity; or (n) encourage or assist anyone else to do any of the foregoing.
We may investigate suspected violations and may suspend, terminate, or restrict accounts; remove content; reset progress; revoke or adjust Virtual Items; deny purchases; disable access; preserve records; report conduct to authorities; or take any other action we deem appropriate.
14. Third-Party Services and Platforms
The Services may integrate with or link to third-party platforms, app stores, payment processors, social networks, analytics providers, advertising networks, cloud providers, blockchain networks, wallet providers, communication tools, Telegram, Discord, X, or other services (“Third-Party Services”).
Third-Party Services are not controlled by us and may be subject to separate terms, privacy policies, fees, restrictions, and availability. We are not responsible for Third-Party Services, and your use of them is at your own risk.
If you download an app from an app store or use the Services through a third-party platform, you must comply with the applicable platform terms and usage rules.
15. Mobile Features; Communications; Permissions
The Services may send you service messages, push notifications, emails, texts, or other communications. You may be able to opt out of non-essential communications through your account settings, device settings, unsubscribe links, or other controls. Service-related or legal notices may still be sent where permitted by law.
Some mobile features may request access to device permissions, such as notifications, camera, microphone, photos, contacts, local storage, motion sensors, approximate or precise location, or identifiers. You may manage permissions through your device settings, but disabling permissions may limit functionality.
16. Health and Photosensitivity Warning
A small percentage of people may experience seizures, loss of awareness, dizziness, eye or muscle twitching, altered vision, disorientation, involuntary movement, nausea, or other symptoms when exposed to flashing lights, patterns, or video game visuals. Stop using the Services immediately and consult a physician if you experience any symptoms. If you or a family member has a history of epilepsy, seizures, or photosensitivity, consult a physician before using the Services.
Use the Services safely and responsibly. Avoid use while driving, walking in unsafe areas, operating machinery, or doing anything that requires attention to your surroundings.
17. Termination
We may suspend, restrict, or terminate your access to the Services or your account at any time, with or without notice, if we believe you violated these Terms, may cause harm or liability, engaged in fraud or abuse, created risk to the Services, are subject to sanctions or legal restrictions, or if we discontinue the Services.
You may stop using the Services at any time and may request account deletion where available. Upon termination, your license to use the Services ends immediately. Sections that by their nature should survive will survive, including provisions regarding ownership, User Content licenses, payments, disclaimers, limitation of liability, indemnity, dispute resolution, and general terms.
18. Ownership; Feedback
The Company and its licensors own all right, title, and interest in and to the Services, including software, code, systems, designs, artwork, characters, stories, dialogue, music, sound effects, animations, audiovisual content, documentation, trademarks, logos, trade names, game names, gameplay mechanics, data, and all associated intellectual property rights, except for User Content you own.
If you submit feedback, ideas, suggestions, bug reports, or other comments, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, disclose, reproduce, modify, license, distribute, and exploit that feedback without restriction or compensation.
19. Warranty Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, FREE OF HARMFUL COMPONENTS, AVAILABLE IN ANY TERRITORY, COMPATIBLE WITH ANY DEVICE OR PLATFORM, OR THAT CONTENT, DATA, PROGRESS, PURCHASES, VIRTUAL ITEMS, OR ACCOUNT INFORMATION WILL NOT BE LOST OR ALTERED.
20. Indemnity
To the maximum extent permitted by law, you will defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, contractors, licensors, service providers, and agents from and against any claims, demands, disputes, liabilities, damages, losses, costs, and expenses, including reasonable attorneys fees, arising out of or relating to: (a) your access to or use of the Services; (b) your User Content; (c) your violation of these Terms or Additional Terms; (d) your violation of law or third-party rights; or (e) your fraud, misconduct, negligence, or misuse of the Services.
21. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR DEVICE DAMAGE, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND AGENTS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO THE COMPANY FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) US$100.
Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, the exclusions and limitations apply to the maximum extent permitted by law.
22. Governing Law; Dispute Resolution
These Terms and any dispute arising out of or relating to the Company-operated Services are governed by the laws of the State of Delaware, without regard to conflict of law principles, except to the extent applicable consumer protection law requires otherwise.
If you are a consumer resident in the Republic of Korea, nothing in this Section 22 limits or waives any right you have under mandatory Korean law. The agreement to arbitrate and the class action waiver in this Section 22 do not apply to you. You may bring a claim in the courts of the Republic of Korea, and the mandatory consumer protection provisions of Korean law apply to the extent they provide you greater protection than the laws of the State of Delaware.
Except for disputes that qualify for small claims court or claims seeking injunctive relief for intellectual property misuse or unauthorized access, you and the Company agree to resolve disputes arising out of or relating to these Terms or the Services through binding individual arbitration administered by the American Arbitration Association under its applicable Consumer Arbitration Rules, unless applicable law prohibits arbitration. The arbitration will be conducted in English by a single arbitrator. Unless the parties agree otherwise, the arbitration will take place in Delaware or remotely if permitted by the arbitrator.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSONS CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.
You may opt out of arbitration within 30 days after first accepting these Terms by sending written notice to the Company using our “Get In Touch” form located at www.spekter.games, with your name, account email, and a clear statement that you opt out of arbitration. Opting out of arbitration does not opt you out of the class action waiver where permitted by law.
For any dispute not subject to arbitration, you and the Company consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware, except where applicable law requires another forum.
23. General Terms
These Terms, together with the Privacy Policy and any Additional Terms, are the entire agreement between you and the Company regarding the Services and supersede all prior or contemporaneous understandings about the Services.
If any provision is found invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect, except that if the class action waiver is found unenforceable for a particular claim, the arbitration agreement may not apply to that claim as required by applicable law.
You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.
Our failure to enforce a provision is not a waiver. Notices to you may be provided through the Services, by email, by posting, or by another reasonable method. Headings are for convenience only. The word “including” means “including without limitation.”