Effective Date: July 5, 2025
This End User License Agreement (“EULA”) is entered into between you (“you” or “your”) and Voids Within Studio Inc. (“VWS”) and applies to your use of the online video game currently titled Dystopika (“Game”).
BY CLICKING “I AGREE” OR SIMILAR CONFIRMATION OR BY INSTALLING THE GAME OR ANY GAME MODIFICATION TOOLS, YOU ARE AGREEING TO BE BOUND BY THE EULA.
1. LICENSES
1.1 Game License. If downloading and accessing the Game via an authorized third party platform, VWS grants you a non-exclusive, non-sublicensable, non-transferrable, revocable, limited license to install and use the Game for your personal and non-commercial use (“Game License”). You agree that no title or ownership interest in the Game is transferred or assigned to you and that the EULA is not a sale of any ownership right to the Game. You must not reproduce, sell, or exploit for any commercial purposes, any part of the Game, access to the Game or use of the Game or any services or materials available through the Game, unless explicitly permitted in this EULA.
1.2 User Content License. User content includes any information and data that you create, submit, transmit or upload while using the Game, including Game Modifications (defined below), and any submissions, comments, questions, testimonials, advice, suggestions, ideas, or other information you directly or indirectly provide to VWS, whether by email, posting on VWS forums or through any other method existing now or in the future (collectively, “User Content”). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you grant VWS a non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, assignable, transferrable and worldwide license to User Content under all intellectual property and other rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without any requirement of attribution, notice, permission or payment to you or a third party. VWS reserves the right to review, edit, delete or block access to User Content without notice.
1.3 Modifications. VWS grants you a non-exclusive, non-sublicensable, non-transferrable, revocable and limited license to modify the Game for the sole purpose of producing non-commercial Game modifications, tools or plugins, including modifications developed through your use of modding tools provided directly by VWS or through third-party platforms such as the Steam Workshop (collectively, “Modifications”), so long as such Modifications comply with all terms of this EULA (“Mod License”). For clarity, Modifications are created solely by you, and do not contain a substantial part of VWS Game code and/or content. You own the unique aspects of your Modifications, but VWS retains all right, title and interest in the modding tools and related intellectual property used to support your Modifications when implemented into the Game, including but not limited to all Game assets, sample art, programs, software and all other intellectual property created or owned by VWS that may be directly incorporated into or used in support of your Modifications. VWS does not endorse any of your Modifications and you are solely responsible for any and all bugs, errors, defects and other issues resulting from your Modifications. Your Modifications are subject to the terms of the User Content license in Section 1.2 and VWS may, in its sole discretion, edit, delete or block your Modifications without notice to you and for any reason (as further detailed pursuant to Section 1.5), including but not limited to violations of those limitations described in Section 4.1.
1.4 Game Updates. You agree that the Game may automatically download and install updates, upgrades and additional features. In the case of any such updates, upgrades and/or additional features, any obligation that VWS may have to support the previous version of the Game may end upon the Game becoming available, inclusive of the update, upgrade or implementation of additional features.
1.5 Termination of Licenses. VWS may terminate and/or modify the scope of the Game License and/or Mod License at any time and for any reason, including for no reason. Further, VWS may revoke the Game License and/or Mod License granted to you at any time without notice or compensation and VWS will not be liable to you or any third party for any related loss incurred.
1.6 Third Party DMCA Takedowns. You hereby acknowledge and agree: (a) certain aspects of the Game, including but not limited to certain music assets, are licensed to VWS for use in the Game and are subject to enforceable Digital Millennium Copyright Act (DMCA) takedown requests if displayed and/or shared by you on online platforms such as Twitch and/or YouTube; and (b) VWS is not responsible for DMCA takedown requests imposed by its third-party licensors, wherein VWS will not be liable to you or any third party for any related loss incurred.
2. ACCOUNTS
Use of the Game may require you to register a user account with an authorized third-party such as Steam or GOG (each, an “Account”). VWS strongly recommends that you keep the login information for all of your Accounts confidential and that you review the terms and conditions of any and all third-party platforms providing you with access to the Game through an Account.
3. USE OF THE GAME
3.1 Personal Data. Accessing the Game may require you to provide VWS with personal data, which is collected, used and disclosed in accordance with VWS’s Privacy Policy and in compliance with applicable privacy laws. You agree to provide accurate and complete personal data to VWS and to update your data if it changes. The Privacy Policy is available at privacy.voidswithin.com/.
3.2 Age Restriction. You must be at least 13 years old in order to install the Game. If you are under the age of 13, you may not use the Game. If you are between 13 years old and the age of majority in your jurisdiction, you must have the consent of a parent to install the Game. Please contact VWS at privacy@voidswithin.com to obtain additional information on the age restriction and parental consent.
3.3 Access. Access to the Game may require hardware including but not limited to a compatible computer, a mobile device, gaming console and/or an Internet connection, all meeting certain minimum specifications set by VWS and described on the third-party store page from which you downloaded the Game, as updated on one or more occasions (“Minimum Specifications”). You agree to provide all hardware and the Internet connection required to meet the Minimum Specifications and use the Game and to pay all fees incurred by you when accessing the Game through an Internet connection.
3.4 Refunds. Game purchases made via third-party platform concerning the Game are subject to those terms set forth in the applicable third-parties end user license agreements, terms of use and any other applicable policies of such third-party platform owners.
3.5 Third Parties. If you access and/or purchase the Game (or portion thereof) using a third-party’s service, including but not limited to Valve Corporation, such third-party shall be deemed a third-party beneficiary to this EULA (each, a “Third-Party Beneficiary”), even though the Third-Party Beneficiary is not a party to this EULA and is not responsible for the support of the Game. You agree that your access to the Game is subject to the usage terms set forth in the applicable Third-Party Beneficiary’s end user license agreement, terms of use and any other applicable policies of such Third-Party Beneficiaries. Furthermore, you agree that you are not violating any agreement with any Third-Party Beneficiary during your use of and/or access to the Game.
4. LIMITATIONS ON USE OF THE GAME
4.1 Limitations. When using the Game, you agree that you will not:
a. engage in conduct that VWS determines, in its sole discretion, to constitute improper use of the Game;
b. decompile, disassemble or reverse engineer the Game or otherwise attempt to derive Game source code;
c. except as expressly permitted by VWS and in accordance with other terms of this EULA, reproduce, rearrange, modify, translate, create derivative works from, display, perform, publish or distribute the Game or components thereof;
d. sell, lease, remove and/or alter advertising in the Game;
e. cheat, or use, develop or distribute automation software (bots), macro software or other cheat utility software or knowingly exploit a flaw or bug in the Game;
f. form any e-sports or organized competition without first obtaining VWS’s explicit written consent;
g. break, attempt or otherwise assist with the disruption of any computer used to support the Game or experience of another user;
h. upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data or other similar software or programs that may damage operation of the Game or the computers of other users;
i. utilize the Game or any part thereof for commercial purposes;
j. promote, encourage or conduct illegal activity including, without limitation, hacking, cracking, distribution of counterfeit software, cheats or hacks for the Game;
k. use profanity, including short forms for profanities, punctuation marks used in place of profanities and colloquial versions of profanities;
l. use hate speech or terms, racist speech or terms or any other words, symbols, images, videos or gifs that signify hate towards any person or group or people, including derogatory comments against women or minorities;
m. engage in abusive, defamatory, libellous, threatening or any other conduct that is objectionable or offensive;
n. communicate, link to, post, submit or upload content that contains nudity or other sexual material, violence or any other objectionable or offensive conduct;
o. abuse, bully, harass or publish false or misleading information about users or encourage others to do the same;
p. infringe or violate the rights of a third party including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information;
q. collect or attempt to obtain user data, whether personal or anonymous; or
r. impersonate another person or an employee of VWS,
as determined by VWS in its sole discretion. The limitations in this Section 4.1 also apply to any information and/or content posted or shared by you on public forums or through communications tools related to or provided by VWS, including but not limited to VWS’s social media pages.
5. TERM AND TERMINATION
5.1 Term. VWS may suspend or terminate your access to the Game at any time for any reason (or for no reason) including but not limited to your violation of this EULA, as determined in VWS’s sole discretion. Whether a suspension will be lifted is at the sole discretion of VWS. You may terminate your access to the Game at any time by ceasing to use the Game and deleting any VWS software you have installed, including the Game and digital items associated with the Game. Data collected by VWS may be retained for a period of time after your access to the Game is terminated, as described further in the Privacy Policy.
5.2 Effect of Suspension or Termination. Upon suspension or termination, you acknowledge and agree that VWS shall cease to provide you access to the Game and may delete data associated with your use of the Game. You are not entitled to compensation of any kind as a result of suspension or termination, regardless of whether effected by you or VWS, and VWS is not liable to you or any third party for such suspension or termination and any related loss. If you believe your access to the Game has been wrongfully suspended or terminated you may request an appeal by emailing VWS using the contact information below with a description of your appeal request. VWS reserves the right to dismiss your appeal or request additional information from you to make a decision regarding your appeal. VWS has sole and absolute discretion in an appeal to restore your access to the Game or uphold a suspension and/or termination.
6. VWS OWNERSHIP RIGHTS
All right, title and interest in and to the Game, including but not limited to copyrights, patents, trademarks, trade secrets, trade names, computer code (source and object), titles, characters, character names, character likenesses, catch phrases, concepts, dialog, settings, storylines, themes, animation, audio-visual effects, sound effects, musical works, look and feel, and digital items within the Game (including mechanics and other components thereof) built within the Game by VWS or a Representative (defined below), are owned solely by VWS.
7. DISCLAIMER AND LIMITATION OF LIABILITY
7.1 DISCLAIMER. THE GAME IS UNDER CONTINUOUS DEVELOPMENT AND MAY CONTAIN DEFECTS AND COMPATIBILITY ISSUES AND IS PROVIDED BY VWS “AS IS”. VWS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS AND ASSIGNS (COLLECTIVELY “REPRESENTATIVES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, VWS AND ITS REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE GAME WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM YOUR COMPUTER, HARDWARE, OR OTHER DEVICES OR RESULT IN LOST DATA (INCLUDING SAVE AND PROGRESSION DATA) OR BE SECURE AGAINST UNAUTHORIZED ACCESS. THE GAME IS UNSUPPORTED AND THE EULA DOES NOT CREATE ANY OBLIGATION UPON VWS TO DEVELOP, MAKE AVAILABLE, OFFER FOR SALE, REPAIR, SUPPORT OR RELEASE THE GAME. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY VWS, OR ITS REPRESENTATIVES WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE GAME.
7.2 LIMITATION OF LIABILITY. VWS AND ITS REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE GAME INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF VWS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGE.
7.3 VWS’ AGGREGATE LIABILITY. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD VWS FROM LIABILITY, YOU AGREE THAT YOUR SOLE REMEDY, AND VWS’S AGGREGATE LIABILITY, IS FOR YOU TO TERMINATE USE OF THE GAME.
7.4 Indemnity. You shall hold harmless and indemnify VWS from and against any and all claims, causes of action, demands, suits, proceedings, damages, judgments and liabilities of any kind (“Claims”) arising in connection with your use of the Game, including but not limited to Claims for your breach of the EULA.
8. UPDATES
VWS agrees to notify you of an update to the EULA by an in-Game message and/or by posting on voidswithin.com. You are deemed to accept an update by continuing to use the Game. Unless VWS states otherwise, updates are automatically effective 30 days after posting.
9. GENERAL
9.1 Governing law. This EULA is governed by and construed under the laws of the province of Ontario. If a dispute arises, you agree that such dispute be resolved by courts located in Toronto, Ontario and hereby submit to the personal jurisdiction of such courts.
9.2 Severability. To the extent any section, clause, provision or sentence or part thereof of this EULA is determined to be illegal, invalid or unenforceable by a competent authority in any jurisdiction, then that portion shall be severed and the remainder of the EULA given full force and effect.
9.3 No Waiver. VWS’s failure to assert or enforce any right contained in the EULA shall not constitute a waiver of that right.
9.4 Survival. Sections 1.2, 1.4, 1.5, 1.6, 2, 3.4, 3.5 and 4 though 9 survive termination of the EULA.
9.5 Entire Agreement. The EULA constitutes the entire agreement between you and VWS with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided. Notwithstanding the foregoing, if you are using and/or accessing the Game through a Third-Party Beneficiary, you are also required to comply with all Third-Party Beneficiary agreements such as the Steam Subscriber Agreement, as further detailed pursuant to Section 3.5.
9.6 Contact. You may contact VWS regarding this EULA by emailing privacy@voidswithin.com.