Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legal agreement between you and Zone Gaming LLC (referred to herein as "Zone Gaming," "we," "us," "our," or the "Polandball Go team"). You agree to be bound by these Terms by taking any of the following actions: (a) clicking the "I Accept" button or checking the acceptance checkbox; (b) creating an account; or (c) using the Polandball Go game.

IMPORTANT: These Terms contain an arbitration agreement and class action waiver (Section 14). Unless you opt out as described there, disputes between you and Zone Gaming will be resolved by binding individual arbitration, and you waive the right to participate in a class action.

You acknowledge that you have read these Terms in full. If you do not agree to these Terms, you must not check the acceptance box and must uninstall the Game immediately.

Your use of the Game is also governed by our Privacy Policy, which describes how we collect and use information about you.

2. Description of Service

Polandball Go is a location-based mobile game that allows players to collect virtual characters, battle Mymics, claim territories, and interact with other players in a virtual world overlaid on real-world locations.

The Game is operated by Zone Gaming, LLC under license from The Polbies Company, Inc., which owns the Polbies™ brand and operates the Polbies ID sign-in service used by the Game.

3. User Accounts & Eligibility

To use the Game, you must create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

• You must provide accurate and complete information when creating your account.
• Polbies ID: Game accounts sign in with Polbies ID, a service owned and operated by The Polbies Company, Inc. Your use of Polbies ID is additionally governed by the Polbies ID Terms of Service. If your Polbies ID is suspended or deactivated (for example, because a guardian revokes consent), you may lose access to your Game account.
• Age Requirement: You must be at least 16 years old (or the age of digital consent in your country of residence, if higher) to create a standard account. If you are under the age of majority in your jurisdiction, you represent that your legal guardian has reviewed and agreed to these Terms.
• Young Players: Players under 16 (or the applicable age of digital consent) may use the Game only through a Polbies ID Young Player account, which requires a parent or guardian's verified consent before it becomes active. The consenting guardian accepts these Terms on the young player's behalf and may revoke consent at any time, which deactivates the account. Young Player accounts receive the protections described in our Privacy Policy and on the Polbies ID parents page.
• You are responsible for keeping your login credentials secure.
• You must notify us immediately of any unauthorized use of your account.

4. Virtual Items, Purchases, and Refunds

4.1 Virtual Goods License

The Game may include virtual items, currency (e.g., "gold"), or other digital goods ("Virtual Goods"). You acknowledge that you do not own these Virtual Goods; you acquire a limited, revocable, non-transferable license to use them solely within the Game.

4.2 Final Sale & No Refunds

All purchases of Virtual Goods are final and non-refundable, except as required by applicable law. You acknowledge that Zone Gaming LLC is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Goods when an account is closed, whether such closure was voluntary or involuntary.

EU, EEA, and UK consumers: by purchasing Virtual Goods, you expressly consent to the immediate delivery of the digital content to your account, and you acknowledge that you thereby lose your 14-day right of withdrawal once delivery has begun. This does not affect your other mandatory consumer rights.

4.3 Chance-Based Items ("Gacha" Mechanics)

Some Virtual Goods may be obtainable through randomized mechanics (e.g., "Rarity Tickets," or "Character Rolls"). By purchasing or using these items, you agree to the following:

• Random Nature: You understand that the outcome of these mechanics is based on probability. Zone Gaming LLC does not guarantee that you will receive any specific character, item, or level of rarity.
• No Refunds for Unwanted Outcomes: You agree that receiving a duplicate item, a common item, or an item you did not want does not entitle you to a refund. The purchase is for the ticket/chance itself, not the specific reward.
• Disclosure of Odds: Where required by platform rules (Apple/Google) or local law, we will display the probability rates for these items within the Game interface.

4.4 Forfeiture

If your account is terminated or suspended for a violation of these Terms (including but not limited to cheating, spoofing, or toxicity), you forfeit all Virtual Goods and currency associated with your account. No refunds will be granted for accounts banned due to Terms violations.

5. Changes to the Game; Service Availability

Polandball Go is a live-service game that changes over time. You acknowledge and agree that:

• Balance and content changes: We may manage, regulate, control, modify, rebalance, or eliminate Virtual Goods, characters, features, territories, and game content at any time, with or without notice. Characters may be rebalanced ("nerfed" or "buffed"), rarities and odds adjusted, and territories or seasonal content reset. Such changes do not entitle you to any refund or compensation, except as required by applicable law.
• Updates: We may require you to install updates to the Game to continue playing. Older versions may stop working when an update is released.
• Discontinuation: We may suspend or discontinue the Game, or any part or feature of it, at any time. Where reasonably possible we will provide advance notice of a full shutdown, but you acknowledge that Virtual Goods have no monetary value and that we have no obligation to provide refunds or compensation upon discontinuation, except as required by applicable law.

6. Gameplay Rules & Prohibited Conduct

When using the Game, you agree NOT to:

• Use cheats, exploits, automation software (bots), hacks, mods, or any unauthorized third-party software.
• Spoofing: Spoof your location or use techniques to alter or falsify your device's location (e.g., GPS spoofing).
• Harass, abuse, threaten, or incite violence against other players or Zone Gaming LLC staff.
• Trespass on private property or enter dangerous areas while playing.
• Sell, trade, or transfer your account to others for real-world money, and likewise not sell, buy, or trade Virtual Goods for real-world money or value outside the Game.
• Inappropriate Usernames & Profiles: Create an account name, character name, or use any in-game text that is defamatory, vulgar, obscene, sexually explicit, racially or ethnically offensive, promotes hate speech, or references real-world atrocities/hate groups.
• Filter Bypassing: Use deliberate misspellings, substitute characters (e.g., "leetspeak"), or any other methods to bypass our content filters to create offensive names.
• Impersonation: Select a username that falsely implies an affiliation with Zone Gaming LLC staff, other players, or notable public figures.

User Disputes: You are solely responsible for your interactions with other players. Zone Gaming LLC reserves the right, but has no obligation, to monitor disputes between you and other players. To the maximum extent permitted by applicable law, you release Zone Gaming LLC from any claims, demands, and damages arising out of or connected with disputes between you and other players, including disputes arising from contesting in-game territories or other real-world encounters related to the Game.

7. Termination and Account Suspension

Zone Gaming LLC reserves the right to terminate or suspend your account at our sole discretion, at any time and without prior notice, for any reason, including but not limited to a violation of these Terms.

Upon termination, your right to use the Game will immediately cease. You agree that we shall not be liable to you or any third party for any termination of your access to the Game.

8. Safety Guidelines & Assumption of Risk

The Game uses location services to provide gameplay features. By playing, you agree to:

• Never play while driving, biking, or operating heavy machinery.
• Always be aware of your surroundings and play safely.
• Not trespass on private property or enter areas where you do not have permission to be.
• Assumption of Risk: You acknowledge that your use of the Game involves traversing the physical world. You knowingly and voluntarily assume all risks of injury or damage to your person or property.
• Release of Liability: To the maximum extent permitted by applicable law, Zone Gaming LLC disclaims liability for accidents, personal injury, property damage, or legal violations that occur while you are using the Game, and you bear sole responsibility for your real-world actions. This release does not apply to liability arising from our gross negligence or willful misconduct, or any other liability that cannot be excluded by law.

9. Community Art & User Generated Content

A core feature of Polandball Go is the use of community-created assets. By submitting art, character designs, Mymic designs, text, or other content ("User Content") to us, you agree to the following terms:

• Ownership Warranty: You represent and warrant that you own the User Content you submit, or have the necessary rights to grant us this license, and that your submission does not violate the rights of any third party.
• License Grant: You grant Zone Gaming LLC a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable, fully sublicensable, and assignable license to use, reproduce, modify, adapt, publish, and display your User Content in the Game and for related marketing purposes. The term "irrevocable" ensures that the Game world remains consistent for all players.
• Non-Confidential; No Compensation: All submissions are non-confidential and non-proprietary. We owe you no compensation for User Content or for any ideas, suggestions, or feedback you provide, and we may use similar or identical ideas developed independently without obligation to you.
• Attribution: We endeavor to credit artists via the in-game "Artist Portfolio" feature. However, you acknowledge that Zone Gaming LLC reserves the right to remove attribution or anonymize User Content if your account is suspended or terminated for violating these Terms.
• Requests for Removal: While the license granted above is legally irrevocable, Zone Gaming LLC may, at its sole discretion, choose to honor requests to remove specific content. If we agree to a removal request, we require a transition period of no less than ninety (90) days to source and implement replacement assets.

10. Intellectual Property

The Game and all its content (excluding User Content licensed to us), including but not limited to code, graphics, text, and trademarks, are owned by Zone Gaming LLC or our licensors and are protected by intellectual property laws.

Polbies™ and the Polbies logo are trademarks of The Polbies Company, Inc., used by Zone Gaming, LLC under license. Nothing in these Terms grants you any right to use the Polbies or Polandball Go names, logos, or other trademarks.

11. Copyright Infringement & DMCA Policy

We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (DMCA).

11.1 Filing a Notice

If you believe that your work has been copied and submitted as User Content in a way that constitutes copyright infringement, send a notice to our designated Copyright Agent containing: (a) a description of the copyrighted work; (b) where the material is located in the Game; (c) your contact information; (d) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf; and (f) your physical or electronic signature.

Designated Copyright Agent:
Attn: Copyright Agent
Zone Gaming, LLC
1209 Mountain Road Pl NE, Ste N, Albuquerque, NM 87110, United States
Phone: (505) 595-1338
Email: dmca@polandballgo.com

11.2 Counter-Notification

If your User Content was removed in response to a DMCA notice and you believe the removal was a mistake or misidentification, you may send our Copyright Agent a counter-notification containing: (a) identification of the removed material and its prior location; (b) a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; (c) your name, address, and phone number; (d) a statement that you consent to the jurisdiction of the federal district court for your district (or, if outside the U.S., the District of New Mexico) and will accept service of process from the person who filed the original notice; and (e) your physical or electronic signature. We may restore the material in 10–14 business days unless the original claimant files a court action.

11.3 Repeat Infringers

We will terminate the accounts of users who are determined to be repeat infringers in appropriate circumstances.

12. Disclaimers & Limitation of Liability

The Game is provided "as is" and "as available" without warranties of any kind, express or implied. To the maximum extent permitted by law, Zone Gaming LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Game, including loss of data, loss of goodwill, or service interruption.

To the maximum extent permitted by law, Zone Gaming LLC's total aggregate liability to you for all claims arising out of or relating to the Game or these Terms shall not exceed the greater of (a) the amounts you paid us in the six (6) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms excludes or limits our liability for gross negligence, willful misconduct, death or personal injury caused by our negligence, or any other liability that cannot be excluded or limited by applicable law, and nothing affects statutory rights you have as a consumer.

13. Indemnification

You agree to indemnify, defend, and hold harmless Zone Gaming LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to your use of the Game, your violation of these Terms, your real-world actions while playing the Game, or your submission of User Content that infringes on third-party rights.

14. Dispute Resolution & Arbitration

Please read this section carefully — it affects your legal rights.

14.1 Informal Resolution First

Before filing any claim, you agree to first contact us at support@polandballgo.com with a written description of the dispute and give us thirty (30) days to try to resolve it informally. Most player concerns can be resolved this way.

14.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Zone Gaming LLC agree that any dispute, claim, or controversy arising out of or relating to the Game or these Terms shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The Federal Arbitration Act governs this agreement. The arbitration will be conducted in English, by videoconference or, if an in-person hearing is required, in your county of residence. Arbitration fees will be allocated as provided by the AAA Consumer Arbitration Rules.

14.3 Small Claims Exception

Either party may instead bring an individual claim in small claims court in your county of residence (or Bernalillo County, New Mexico) if it qualifies.

14.4 Class Action Waiver

You and Zone Gaming LLC each agree that disputes will be resolved only on an individual basis. Neither party may bring a claim as a plaintiff or class member in a class, consolidated, or representative action, and the arbitrator may not consolidate more than one person's claims. If this class action waiver is found unenforceable as to a particular dispute, then this entire Section 14 (except this sentence and Section 14.3) shall be void as to that dispute, which shall instead proceed in the courts identified in Section 15.

14.5 30-Day Opt-Out

You may opt out of this arbitration agreement by emailing support@polandballgo.com with the subject line "Arbitration Opt-Out" — including your account username and a clear statement that you opt out — within thirty (30) days of first accepting these Terms. Opting out does not affect any other part of these Terms.

14.6 Coordinated Filings

If twenty-five (25) or more similar arbitration demands are filed against Zone Gaming LLC by the same or coordinated counsel, the parties agree the demands shall be resolved in staged proceedings: ten (10) demands per side shall be selected as bellwether cases and arbitrated first, while the remaining demands are held in abeyance (with no filing fees due on them, and applicable statutes of limitations tolled) until the bellwether cases conclude, after which the parties shall engage in a global mediation before the remaining demands proceed.

15. Governing Law & Venue

These Terms shall be governed by the laws of the State of New Mexico, without regard to its conflict of law provisions, except that the Federal Arbitration Act governs Section 14. Any claim not subject to arbitration shall be brought exclusively in the state or federal courts located in Bernalillo County, New Mexico, and you consent to personal jurisdiction there.

Consumers outside the U.S.: nothing in these Terms deprives you of the protection of mandatory consumer protection laws of your country of residence, or of your right to bring proceedings in your local courts where that right cannot be waived. If you are an EU consumer, the European Commission's Online Dispute Resolution platform is available at ec.europa.eu/consumers/odr.

16. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the new Terms in the Game or on our website, and material changes may require you to accept the updated Terms to continue playing. Your continued use of the Game after such changes constitutes acceptance of the new Terms.

17. Platform Terms (Apple & Google)

If you downloaded the Game from the Apple App Store or Google Play Store, you acknowledge that:

• These Terms are between you and Zone Gaming LLC, not with Apple or Google. Zone Gaming LLC, not Apple or Google, is solely responsible for the Game and its content.
• Your license to the Game is limited to a non-transferable license to use it on Apple- or Google-branded devices that you own or control, as permitted by the applicable store's usage rules.
• Apple and Google have no obligation to furnish any maintenance or support services for the Game.
• In the event the Game fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Game (if any) to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Game.
• Zone Gaming LLC, not Apple or Google, is responsible for addressing any claims relating to the Game, including product liability claims, claims that the Game fails to conform to legal or regulatory requirements, and consumer protection or similar claims.
• In the event of a third-party claim that the Game infringes intellectual property rights, Zone Gaming LLC, not Apple or Google, is responsible for the investigation, defense, settlement, and discharge of the claim.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries (and, as applicable, Google) are third-party beneficiaries of these Terms and may enforce them against you.
• Questions and support requests about the Game go to Zone Gaming LLC at the contact information in Section 19, not to Apple or Google.

18. General Provisions

• Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect, except as provided in Section 14.4.
• Entire Agreement: These Terms, together with the Privacy Policy and any other policies referenced here, are the entire agreement between you and Zone Gaming LLC regarding the Game, and supersede any prior agreements on that subject.
• Assignment: We may assign these Terms, in whole or in part, to an affiliate, to The Polbies Company, Inc., or in connection with a merger, acquisition, or sale of assets. You may not assign these Terms or your account.
• No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
• Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control (natural disasters, war, terrorism, labor disputes, governmental action, internet or utility failures, and similar events).
• Notices: We may provide notices to you in the Game, on our website, or by email to the address on your account. You may provide notices to us at the contact information in Section 19.

19. Contact Information

If you have any questions about these Terms, please contact us at:
Zone Gaming, LLC
1209 Mountain Road Pl NE, Ste N
Albuquerque, NM 87110, United States
Email: support@polandballgo.com