End User License Agreement — VMBER in SPACE
This End User License Agreement (this "EULA") is a legal agreement between you and DVRK L.L.C. (the "Company," "we," "us"), governing your use of the VMBER in SPACE application.
HEALTH WARNING. A very small percentage of people may experience a seizure when exposed to flashing lights or high-contrast patterns of the kind that can appear in video games. See Section 11 before playing.
1. Definitions
- "the Application" means the VMBER in SPACE software in any form we make available now or in the future, including mobile applications, web versions (including at vmber.space), desktop versions, and any other platform, distribution channel, or format.
- "the Service" means the backend functionality the Application connects to, including the leaderboard, score submission, and any other server-side functionality we make available.
- "the Game" means the Application and the Service together, considered as a whole. You may use the Application solely to access the Service, and thereby play the Game — not for any other purpose.
- "You" means the individual installing or using the Application.
This EULA should be read together with our Terms of Service and Privacy Policy, both of which also govern your use of the Game and are available at https://dvrk.io/terms and https://dvrk.io/privacy respectively. Where this EULA and those documents address the same subject, they apply together; where they genuinely conflict as to the software license specifically, this EULA controls.
2. Eligibility
The Application is intended for users aged 18 and older. By installing or using the Application, you represent that you are at least 18 years old, that you have the legal capacity to enter into this EULA, and that you are not barred from doing so under any applicable law. This matches the eligibility requirement in our Terms of Service and Privacy Policy, and reflects our own policy across our full ecosystem of products.
3. License Grant
Subject to your continuing compliance with this EULA, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Application on devices you own or control, solely for your own personal, non-commercial entertainment use, and solely for the purpose described in Section 1.
This license extends to updates, upgrades, patches, and supplements we provide for the Application, unless those are accompanied by separate terms, in which case those terms govern.
Where you obtained the Application through an app marketplace, the scope of this license is further defined by Section 14.
4. Restrictions
You agree not to:
- Copy, modify, translate, or create derivative works of the Application;
- Distribute, sell, rent, lease, lend, sublicense, host, or otherwise transfer or make the Application available to anyone else;
- Reverse engineer, decompile, disassemble, or attempt to derive or extract the source code, algorithms, or underlying structure of the Application, except where applicable law expressly permits it notwithstanding this restriction;
- Circumvent, disable, or interfere with any security, authentication, anti-cheat, rate limiting, licensing, or digital rights management feature of the Application or the Service;
- Use the Application, or any code, asset, content, data, or output obtained from it, to develop, train, fine-tune, evaluate, enhance, or provide source material for any generative artificial intelligence or machine learning model, system, or tool, or to create any dataset for those purposes, whether directly or through any third party. This does not prohibit the ordinary use of automated tools that do not train, fine-tune, or contribute to a model — such as upscaling, denoising, captioning, transcription, translation, tagging, or editing your own recordings of the Application;
- Use any unauthorized third-party software, macro, bot, script, emulator, modification, or automation with the Application, or access the Service by any means other than the Application as we provide it. This restriction does not apply to assistive technology — screen readers, switch control, voice control, magnification, and comparable accessibility tools are permitted, and nothing in this EULA restricts your use of them;
- Remove, obscure, or alter any copyright, trademark, or other proprietary notice on or in the Application;
- Use the Application to develop, or to assist in developing, a competing product or service;
- Use the Application for any commercial purpose, except as expressly permitted by Section 5;
- Circumvent any suspension, restriction, or termination of your access, including by creating or using another account or installation;
- Use the Application for any purpose other than accessing the Service and playing the Game, as described in Section 1;
- Encourage, facilitate, or assist any other person in doing any of the above.
This EULA governs the software license specifically; conduct while playing the Game is separately governed by the Acceptable Use section of our Terms of Service.
5. Fan Content, Streaming, and Recordings
You may record, stream, and monetize your own gameplay. The Fan Content, Streaming, and Recordings section of our Terms of Service, available at https://dvrk.io/terms, applies to the Application and is incorporated into this EULA by reference. It grants you permission to capture, record, stream, broadcast, and publish gameplay footage, including on platforms that pay you or allow you to monetize that content, subject to the conditions stated there.
That section also grants the Company a license over the Fan Content you create, and reserves our right to revoke or condition the permission at any time.
Nothing in this section transfers any ownership of the Application, the Service, or any content within them.
6. Ownership
The Application, and all intellectual property rights in it — including all software, source code, artwork, audio, designs, interfaces, characters, and trademarks — are owned by the Company or our licensors. This EULA grants you a license to use the Application; it does not sell you the Application or transfer any ownership. All rights not expressly granted to you in this EULA are reserved by the Company.
The Company has sole responsibility for investigating, defending, and resolving any claim that the Application infringes a third party's intellectual property rights — no app marketplace through which you obtained the Application has any responsibility for such claims.
7. Third-Party and Open-Source Components
The Application may include, link to, or be built using third-party software, libraries, frameworks, and open-source components. Those components are licensed to you under their own respective license terms, which govern your use of those components and which, where required, take precedence over this EULA as to those components only. Nothing in this EULA restricts any right you have under an applicable open-source license.
The Application may also connect to or interoperate with third-party services. We are not responsible for the availability, content, practices, or conduct of any third party.
8. Gameplay Integrity and Anti-Cheat
The Application and the Service use technical measures to detect and prevent cheating, score manipulation, fraud, abuse, and unauthorized access. You acknowledge and agree that these measures may collect and transmit information about your use of the Application, your device, your session, and any unauthorized software interacting with the Application or the Service, and that we may process that information automatically, including through algorithms, filters, and machine learning, to identify violations and to restrict, reset, or terminate access.
We are not obligated to disclose the methods by which we detect violations, and we may present evidence of a violation to an arbitrator, court, or platform operator confidentially without disclosing that evidence to you. Disclosing detection methods would allow them to be circumvented.
Information collected for these purposes is handled as described in our Privacy Policy.
9. Updates and Changes to the Application
We may release updates, upgrades, patches, and new versions of the Application from time to time. Depending on your device settings and platform, updates may download and install automatically, and you consent to that.
We may require you to install an update to continue using the Application or the Service. We may, at any time and in our sole discretion, add, modify, or remove features, content, or functionality; change system or device requirements; cease supporting particular versions, devices, platforms, or operating systems; and modify, suspend, or discontinue the Application or the Service in whole or in part, without notice and without liability to you.
10. Connectivity, Device Requirements, and Data Charges
Some features of the Application require an internet connection, and the Service is available only when you are connected. We do not guarantee availability, uptime, latency, or that the Service will be reachable from any particular location or network.
You are solely responsible for your device, your internet access, and any data, carrier, roaming, or other charges you incur in connection with the Application. We may limit, throttle, or restrict access to the Service in our sole discretion, including to protect its integrity or availability.
11. Health and Safety
PHOTOSENSITIVE SEIZURE WARNING. A very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights, high-contrast patterns, or rapidly changing images that can appear in video games. People who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these seizures.
Stop playing immediately and consult a doctor if you or anyone playing experiences any of the following: lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, momentary loss of awareness, or convulsions.
To reduce the risk, play in a well-lit room, sit farther from the screen, use the smallest screen available, avoid playing when tired, and take a break of at least fifteen minutes every hour.
General. Extended play may cause eye strain, fatigue, or discomfort in your hands, wrists, arms, or neck. Take regular breaks. If you experience persistent discomfort, stop playing and consult a doctor. Consult a doctor before playing if you are pregnant, elderly, or have any pre-existing condition that may be affected by visual stimulation or repetitive motion.
The Health and Safety section of our Terms of Service also applies.
12. In-Application Purchases and Virtual Items
The Application may, now or in the future, offer in-application purchases, downloadable content, subscriptions, virtual currency, or virtual items. Where offered, these are governed by the Purchases, Subscriptions, and Virtual Items section of our Terms of Service, which is incorporated into this EULA by reference.
Virtual currency and virtual items, where offered, are a limited, personal, revocable, non-transferable license to use them within the Application. They are not your property, have no monetary value outside the Application, and may be modified, suspended, or eliminated by us at any time, as permitted by law.
13. Advertising and Sponsored Content
The Application may, now or in the future, include advertising, sponsored content, promotional placements, branded content, or cross-promotion of our own or third parties' products, and we may make viewing or interacting with such content a condition of access to the Application or any feature of it, except where applicable law provides otherwise.
Advertising and sponsored content is not an endorsement by us of any advertiser, sponsor, product, or service, and we are not responsible for it or for any dealings you have with an advertiser or sponsor. Where applicable law requires consent for advertising-related processing, we will obtain it, as described in our Privacy Policy.
14. Your Relationship to App Marketplaces
If you obtained the Application through an app marketplace (such as the Apple App Store or Google Play), the following apply, in addition to the rest of this EULA:
- Acknowledgement. This EULA is between you and the Company only, not the marketplace. The Company, not the marketplace, is solely responsible for the Application and its content. This EULA does not conflict with the marketplace's own usage rules, and where a conflict exists, the marketplace's own terms with you take precedence for that specific point.
- Scope of License. The license granted to you for the Application is limited to a non-transferable license to use the Application on any devices that you own or control, and as permitted by the usage rules of the applicable marketplace. Where you obtained the Application from the Apple App Store, the license is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
- Maintenance and Support. The Company, not the marketplace, is responsible for providing any maintenance or support for the Application. The marketplace has no obligation whatsoever to furnish any maintenance or support.
- Warranty. If the Application fails to conform to any applicable warranty, you may notify the marketplace, which may, in accordance with its own policies, refund the purchase price (if any) to you. To the maximum extent permitted by law, the marketplace has no other warranty obligation with respect to the Application, and any other claims, losses, or damages are the Company's sole responsibility, as set out in this EULA.
- Product Claims. The Company, not the marketplace, is responsible for addressing any claims relating to the Application — including product liability claims, legal or regulatory compliance claims, and claims arising under consumer protection or similar law.
- Intellectual Property Claims. The Company, not the marketplace, is solely responsible for the investigation, defense, settlement, and discharge of any claim that the Application infringes a third party's intellectual property rights.
- Legal Compliance. You represent that you are not located in a country subject to a United States government embargo, and that you are not on any United States government list of prohibited or restricted parties.
- Third-Party Terms. You must comply with any applicable third-party agreement (such as your wireless data service agreement) when using the Application.
- Developer Contact. Questions, complaints, and claims regarding the Application should be directed to the Company at the address in Section 27.
- Third-Party Beneficiary. Each app marketplace through which you obtained the Application, and its subsidiaries — including Apple and Google, as applicable — is a third-party beneficiary of this EULA, and upon your acceptance has the right to enforce it against you as a third-party beneficiary.
15. Term and Termination
This EULA is effective until terminated. Your license terminates automatically if you violate any term of this EULA, our Terms of Service, or applicable law. We may also terminate this EULA at any time, for any reason or no reason, with or without cause, and with or without notice, in our sole discretion. Upon termination, all rights granted to you end immediately, and you must stop using the Application and delete it from your devices.
We are not liable to you or to any third party for any termination of this EULA or for any loss of content, progress, scores, virtual items, virtual currency, or other data resulting from it.
Sections of this EULA that by their nature should survive termination — including Fan Content, Ownership, Third-Party and Open-Source Components, Gameplay Integrity, Health and Safety, In-Application Purchases and Virtual Items, Disclaimer of Warranties, Limitation of Liability, Indemnification, Export Control, and Dispute Resolution — continue to apply after termination.
16. Disclaimer of Warranties
The Application is provided "as is," "as available," and with all faults, without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, and any warranties arising from course of dealing or usage of trade. We do not guarantee that the Application will be uninterrupted, secure, error-free, free of harmful components, or that any defect will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
17. Limitation of Liability
To the fullest extent permitted by law, the Company is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising from or relating to your use of, or inability to use, the Application, regardless of the theory of liability and even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our total aggregate liability for all claims relating to the Application is limited to the greater of the amount you paid us for the Application in the twelve months preceding the event giving rise to the claim, or fifty United States dollars (USD $50).
Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you.
18. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, members, employees, contractors, and agents from any claim, demand, loss, liability, damage, or expense, including reasonable attorneys' fees, arising out of or relating to your use or misuse of the Application, your Fan Content, your violation of this EULA, your negligence or willful misconduct, or your violation of any law or third-party right. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense.
19. Export Control and Sanctions Compliance
You may not use, export, or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. You may not use the Application if you are located in a country subject to a United States government embargo, or if you are on any United States government list of prohibited or restricted parties. You agree to comply with all applicable export control and sanctions laws.
20. Dispute Resolution
The Dispute Resolution and Binding Arbitration section of our Terms of Service, available at https://dvrk.io/terms, applies to this EULA and is incorporated by reference. It contains a binding arbitration provision, a class action waiver, a delegation clause, a mass arbitration procedure, an opt-out right, and a carve-out for consumers outside the United States whose mandatory local law would override it. The Release and Waivers by You section of our Terms of Service is likewise incorporated by reference — it includes a release of claims arising from disputes with other users and third parties.
This EULA is governed by the laws of the State of Wyoming, USA — the Company's state of incorporation — without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of the incorporated Dispute Resolution section, and except as the incorporated carve-out for consumers outside the United States provides.
21. Assignment
This EULA is freely assignable by us, in whole or in part, in our sole discretion — including to any of our affiliates or subsidiaries, and including in connection with a merger, acquisition, financing, reorganization, or sale of assets — without notice to you or your consent. You may not assign your rights or obligations under this EULA without our prior written consent, and any attempted assignment in violation of this section is void.
22. Notices
We may provide notices to you through the Application itself, through the marketplace from which you obtained it, by email to any address you have provided, by posting an update to this EULA, or through other reasonable means. It is your responsibility to review notices provided this way. Notices to us must be sent to the address in Section 27.
23. Force Majeure
We are not liable for any delay or failure to perform caused by circumstances beyond our reasonable control, including natural disasters, epidemics, war, civil unrest, labor disputes, governmental action, internet or infrastructure outages, cyberattacks, or acts or omissions of third-party service providers.
24. No Waiver
Our failure to enforce any provision of this EULA is not a waiver of our right to enforce it later, and no waiver is effective unless made in writing by us.
25. Severability
If any part of this EULA is found unenforceable, that part is modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the rest remains in full effect.
26. Changes to This EULA
We may update this EULA at any time. For most updates, we will require you to affirmatively accept the updated EULA before continuing to use the Application. Where we treat a change as minor and do not require fresh acceptance, your continued use of the Application after the "Last updated" date above changes means you accept the updated EULA.
27. Contact Us
DVRK L.L.C. Address: 30 N Gould St, Ste N, Sheridan, WY 82801 Email: dvrksupport@gmail.com Website: https://dvrk.io