GoBattle.io Terms of Service
Version: November 4, 2026
GoBattle.io is operated by SHINOBIT LLC ("SHINOBIT," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of GoBattle.io, its game software, websites, accounts, and related services that display or link to these Terms (collectively, the "Services").
SHINOBIT LLC
3400 Cottage Way, Ste G2
Sacramento, California 95825 USA
Email: info@gobattle.io
Support: www.shinobit.com/support
1. Eligibility and acceptance
You must be at least 13 years old to use the Services. Children under 13 may not use the Services, even with parental permission. You must also satisfy any higher minimum age required where you live.
If you are 13 or older but below the age of majority where you live, you may use the Services only with permission from your parent or legal guardian, who should review these Terms with you. A parent or guardian who accepts these Terms on a minor's behalf agrees to them on their own behalf. To the extent permitted by applicable law, a parent or guardian who provides or allows the use of a payment method for a minor's purchases is responsible for purchases made with that payment method. If you disaffirm these Terms as a minor, your license to the Services and Virtual Items ends.
By accepting these Terms, you represent that you meet these eligibility requirements and that you are not barred from using the Services under the laws of the United States or any other applicable jurisdiction, including U.S. sanctions and export-control laws.
You accept these Terms by selecting an "I Agree" button or another control that clearly states that selecting it constitutes agreement to these Terms. If you do not agree, do not select that control and do not use the Services. Changes to these Terms are handled under Section 16.
The Code of Conduct, Privacy Policy, and Cookie Policy are incorporated into these Terms by reference, subject to Sections 16, 18, and 19. Accepting these Terms is not consent to optional cookies, personalized advertising, or other processing that requires separate consent; those choices are offered separately.
2. Game license, intellectual property, and account security
License. Subject to these Terms, SHINOBIT grants you a limited, personal, revocable, nonexclusive, nontransferable, nonsublicensable license to access and use the Services for your own noncommercial entertainment. We may suspend or terminate this license as described in these Terms.
Ownership. SHINOBIT and its licensors own all rights in the Services, including the game, software, code, artwork, characters, designs, audio, trademarks, Virtual Items (defined in Section 7), and other content. Except for the limited licenses expressly granted in these Terms, no rights are transferred to you. Your chat messages are addressed in Section 9.
Restrictions. Except with our prior written permission or to the extent applicable law gives you a right that cannot be restricted by contract, you may not: copy, modify, create derivative works of, distribute, sell, rent, or commercially exploit the Services; reverse engineer, decompile, disassemble, or attempt to extract source code from the Services; mirror, frame, scrape, or use automated means to access or collect data from the Services; use the Services to develop a competing product; use the Services, or any content, gameplay data, or Chat Content from them, to train, fine-tune, or develop artificial-intelligence or machine-learning models; or remove or alter proprietary notices.
Gameplay videos. You may stream and post videos and screenshots of your own gameplay, including on monetized channels, provided you do not suggest that SHINOBIT endorses you, do not use our content in a misleading or unlawful way, and comply with these Terms. We may revoke this permission for any content or creator at our discretion.
Feedback. If you send us ideas, suggestions, or other feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation or compensation to you.
Accounts. Provide accurate registration information and keep your login credentials secure. You may not share, sell, buy, rent, lease, sublicense, or transfer an account or access to it without our prior written permission, except by authorizing an app through our official account-connection feature. Notify support promptly if you suspect unauthorized access. To the extent permitted by applicable law, you are responsible for all activity under your account, including activity by anyone you allow to use it and activity resulting from your failure to keep your credentials secure. We may reclaim or change usernames that are offensive, misleading, infringing, or inactive.
3. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, VIRTUAL ITEMS, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Without limiting the above, we do not warrant that the Services will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that game progress, accounts, or Virtual Items will be preserved; that the Services will be compatible with any device, browser, or network; or that the Services are free of viruses or other harmful components. We do not control, and are not responsible for, the conduct of players or other users, online or offline, or the content they send.
No advice or information, whether oral or written, that you obtain from us or through the Services—including through support, social media, Discord, or other community channels—creates any warranty or commitment not expressly stated in these Terms or in the purchase terms presented to you at checkout.
Health warning. A small percentage of people may experience seizures or other symptoms when exposed to flashing lights or patterns in video games. Stop playing immediately and consult a doctor if you experience dizziness, altered vision, eye or muscle twitching, loss of awareness, disorientation, or convulsions. Take regular breaks.
4. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(a) Excluded damages. SHINOBIT, its affiliates, and their respective members, managers, officers, employees, agents, licensors, and service providers (the "SHINOBIT Parties") will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, game progress, accounts, or Virtual Items, or for the cost of substitute services, arising out of or relating to the Services or these Terms, whether based on contract, tort (including negligence), strict liability, statute, or any other legal theory, and even if we have been advised of the possibility of such damages.
(b) Matters outside our control. The SHINOBIT Parties will not be liable for: (i) the conduct, content, or trades of other players or third parties, online or offline; (ii) unauthorized access to or use of your account or Virtual Items, except to the extent caused by our failure to use reasonable security measures; (iii) interruptions, outages, errors, bugs, or loss of data; or (iv) third-party websites, platforms, payment providers, or services.
(c) Cap. The SHINOBIT Parties' total aggregate liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of US$100 or the amount you paid for the Services during the 12 months before the event giving rise to the liability.
(d) Exceptions. Nothing in these Terms excludes or limits liability for fraud, willful misconduct, gross negligence, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under applicable law.
(e) Basis of the bargain. These limitations are an essential basis of the bargain between you and SHINOBIT, allow us to offer the Services free of charge or at low cost, and apply even if a limited remedy fails of its essential purpose.
(f) EEA, UK, and Swiss consumers. If you are a consumer residing in the European Economic Area, the United Kingdom, or Switzerland, Sections 4(a)–(c) do not apply to you. Instead, SHINOBIT is responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill, but not for loss or damage that is not foreseeable, and not for business losses. Section 3, Section 5, the claim deadline in Section 14, and Section 15(d) also do not apply to you, and if we modify, remove, or terminate access to paid digital content other than because of your breach of these Terms, you have the remedies your local law provides. Nothing in these Terms affects your statutory rights as a consumer.
5. Indemnification
To the extent permitted by applicable law, you will defend, indemnify, and hold harmless the SHINOBIT Parties from and against any third-party claim or government proceeding, and any related losses, liabilities, damages, fines, settlements, costs, and expenses (including reasonable attorneys' fees), arising out of or relating to: (a) your violation of these Terms or the Code of Conduct; (b) your Chat Content (defined in Section 9); (c) your violation of any law or of any third-party right, including intellectual-property, publicity, or privacy rights; or (d) your fraudulent payment activity. We may assume the exclusive defense and control of any matter subject to indemnification, and you will cooperate with our defense. You may not settle any such matter without our prior written consent. This Section does not cover claims caused by our own negligence or misconduct, or claims between you and SHINOBIT, and it does not apply to consumers residing in the European Economic Area, the United Kingdom, or Switzerland except to the extent permitted by their local law.
6. Service changes, errors, and shutdown
Changes. We may update, modify, suspend, or discontinue all or any part of the Services at any time, including by rebalancing gameplay, changing or removing features, game modes, and Virtual Items, adjusting prices, and performing maintenance. Changes affecting Virtual Items are also subject to Section 7.2.
Errors. Game descriptions and prices may contain errors. We may correct errors at any time and may cancel any order placed at an obvious pricing or description error. If we cancel an order, we will refund the amount charged for it or restore any diamonds spent on it, and we may remove any diamonds or Virtual Items delivered under that order, including Virtual Items acquired with those diamonds.
Test and beta features. Features we label as beta, test, early access, or experimental are provided for evaluation, may be unstable, and may be changed or removed at any time, including any progress or Virtual Items earned in them.
Shutdown. If we decide to permanently shut down the Services, we will give at least 30 days' notice through the Services or our website, and we will stop selling diamonds no later than the date we give that notice. Unless applicable law requires otherwise, a shutdown does not entitle you to a refund or other compensation for diamonds, Virtual Items, or game progress.
Changes to these Terms follow Section 16.
7. Payments, diamonds, and Virtual Items
7.1 Purchases and payment providers
The Services may offer diamonds, a GoBattle.io Balance, and digital items, upgrades, or other in-game benefits (collectively, "Virtual Items"). Prices and applicable charges will be disclosed before you authorize a purchase. Charges are payable in advance. You authorize us and our payment providers to charge your selected payment method for purchases you make. Purchases may be made only by an adult (a person who has reached the age of majority where they live). If you are a minor, your parent or guardian must make or authorize each purchase and is responsible for it. The adult purchaser agrees to the applicable purchase terms on their own behalf. By making a purchase, you represent that you are an adult or that your parent or guardian has made or authorized the purchase. Use only a payment method you are authorized to use.
Purchases may be processed through Xsolla, Apple In-App Purchase, Google Play Billing, or another provider identified at checkout. The provider's transaction terms also govern its services. For Xsolla transactions, see the Xsolla EULA. The checkout and receipt identify the applicable seller or payment provider.
You are responsible for disclosed taxes and any currency-conversion or payment-provider charges. Do not use false location information, a VPN, or other tools to evade payment requirements, regional prices, taxes, fraud controls, or legal restrictions.
If the Services offer paid Virtual Items with randomized contents, we will disclose the odds of receiving each item type before purchase.
Statutory withdrawal rights. If you have a statutory right to withdraw from a purchase (for example, as a consumer in the European Economic Area or the United Kingdom), that right ends once delivery of the diamonds or other Virtual Items begins, provided you gave the express consent and acknowledgment required by law at checkout.
7.2 License to Virtual Items
A purchase of diamonds or other Virtual Items gives you only a limited license to use them within the Services; it does not transfer ownership of anything. Virtual Items are not your personal property, have no monetary value, and are licensed to you on a personal, noncommercial, revocable, nonexclusive, nontransferable, and nonsublicensable basis, subject to these Terms and any in-game item-transfer feature we expressly authorize.
Diamonds and GoBattle.io Balances are not bank deposits, do not earn interest, and are not redeemable for cash or any other monetary value, except where applicable law requires otherwise. Diamonds cannot be transferred to another person. Other Virtual Items may be transferred only through features we expressly authorize and within those features' rules. We do not recognize, and will not honor, any sale, purchase, or transfer of accounts, diamonds, or Virtual Items made outside the Services.
We may manage, regulate, modify, rebalance, or remove Virtual Items and usage limits in our reasonable discretion, including for gameplay balance, security, fraud-prevention, or legal reasons. We may remove or reverse diamonds, Virtual Items, or transactions obtained through fraud, theft, exploits, bugs, pricing or delivery errors, or unauthorized, reversed, or refunded payments, including Virtual Items acquired with diamonds so obtained, wherever they are held, as described in Sections 8 and 12. We do not promise that any Virtual Item will remain available indefinitely or retain particular gameplay statistics.
Rollbacks. To address an exploit, bug, error, fraud, or security incident, we may roll back or restore all or part of the Services—including game economies, inventories, diamonds, progress, and leaderboards—to an earlier point in time, for any or all players, even if this removes progress or Virtual Items obtained legitimately after that point. We will restore diamonds purchased with money during the rolled-back period, unless the purchase was fraudulent, unauthorized, or refunded. Except as required by applicable law, we are not obligated to compensate anyone for the effects of a rollback.
7.3 Refunds, chargebacks, and payment disputes
All purchases are final and nonrefundable, except as required by applicable law, the applicable platform's or payment provider's refund policy, or an express commitment presented at checkout.
If we approve a reversal of an item acquired using diamonds, we will ordinarily credit the corresponding diamonds to your GoBattle.io Balance.
If you initiate a chargeback or other payment reversal, or a payment is otherwise reversed or refunded, we may: (a) restrict the disputed diamonds and Virtual Items while the dispute is pending, and suspend the affected account only if we reasonably suspect fraud or abuse; (b) remove the diamonds and Virtual Items associated with that transaction, including items acquired with those diamonds, from any account that holds them (see Section 12); and (c) where removal is not possible, apply a negative diamond balance up to the disputed amount until it is restored. We will not permanently terminate an account solely because its holder disputed a charge that was in fact unauthorized. If a dispute is resolved in your favor, we will restore access to the extent consistent with these Terms. A good-faith payment dispute or the exercise of a legal right is not, by itself, a violation of these Terms; fraudulent chargebacks and payment disputes are prohibited and may result in termination.
For payment assistance, contact support or the provider identified on your receipt.
8. Player conduct, scams, stolen items, and ban evasion
You must follow these Terms and the Code of Conduct. In particular, you may not:
- Cheat; use unauthorized automation, bots, or third-party software; use AI agents, language models, computer-use agents, or other automated systems to play, control an account, farm, trade, or chat, unless we have authorized it; exploit bugs, errors, or unintended game mechanics, whether or not for advantage; duplicate items; or interfere with the game or other players' access.
- Hack, obtain unauthorized access, steal credentials, distribute malware, or attack the Services.
- Probe, scan, fuzz, or test the vulnerability of the Services, our servers, or our apps, including with automated or AI tools, except as permitted under "Security research" below.
- Attempt to manipulate, deceive, jailbreak, prompt-inject, overload, test, or evade our automated moderation, anti-cheat, or other safety systems, including by disguising prohibited content to avoid filters.
- Develop, distribute, sell, advertise, or promote cheats, hacks, bots, or other unauthorized software or tools that interact with the Services.
- Scam, defraud, phish, impersonate staff or other people to mislead players, or use deceptive trades or false promises to obtain accounts, money, diamonds, or items.
- Steal, knowingly receive, conceal, transfer, or help dispose of accounts or Virtual Items obtained through theft, fraud, account compromise, or exploits.
- Buy, sell, broker, advertise, or arrange unauthorized off-platform transactions involving accounts, diamonds, or Virtual Items, including real-money trades or exchanges for outside goods or services, or offer paid boosting, account-leveling, or similar commercial services.
- Harass, threaten, stalk, dox, engage in hate speech, sexually exploit anyone, or post unlawful content. Sexual exploitation or abuse of minors is strictly prohibited and will be reported to the appropriate authorities.
- Submit reports you know are false or deliberately abuse reporting or appeals systems.
- Evade or attempt to evade a suspension, restriction, or ban, including by creating or using alternate accounts, borrowing another person's account, using another person as a proxy, or changing identifiers or network connections to regain prohibited access. You may return only after the restriction expires or we expressly authorize your return.
- Knowingly encourage, facilitate, or assist another person in violating these rules.
Assistive technologies used for accessibility are permitted if they do not provide a gameplay advantage.
You must promptly report bugs and exploits you discover to support and must not share them with others. Report suspected scams and stolen items to support. Do not continue transferring items you know are compromised. Using a game feature as intended, such as in-game stealing or trading expressly permitted by game mechanics, is not account theft. However, using any feature, including trading, to deceive, mislead, or defraud another player is a scam under this Section. Trades and other interactions between players are at your own risk, and we are not responsible for losses resulting from them, including trades we later reverse under Section 12.
Security research. If you discover a security vulnerability, report it privately to info@gobattle.io (subject line: "Security Report") with enough detail for us to reproduce it. Good-faith security research is permitted only if you: (a) stop testing and report promptly once you identify a vulnerability; (b) access, modify, or retain only the minimum data needed to demonstrate it, and never access other players' accounts or personal information; (c) do not degrade the Services, gain or transfer diamonds or Virtual Items, or otherwise exploit the vulnerability; and (d) do not disclose it publicly or to anyone else until 90 days after your report, or any longer period we reasonably request to deploy a fix. If you comply with these conditions, we will not treat that research as a violation of these Terms. We have no obligation to pay any reward, credit, or compensation for a report. Any other testing, and any exploitation of a vulnerability, is unauthorized access to the Services.
Where these rules apply. These rules and the Code of Conduct apply to your conduct in the Services and in SHINOBIT's official community channels, such as our Discord server, forums, and social media accounts. We may also take enforcement action under Section 12 for conduct anywhere else that targets or harms players, SHINOBIT staff or moderators, or the Services, including harassment, threats, doxxing, scams, and selling cheats, accounts, or Virtual Items.
Release for disputes between players. If you have a dispute with another player, you release the SHINOBIT Parties from claims, demands, and damages of every kind arising out of or connected with that dispute, to the extent permitted by applicable law. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." This release does not cover claims arising from our own negligence or misconduct, and it does not apply to consumers residing in the European Economic Area, the United Kingdom, or Switzerland.
Nothing in these Terms prohibits honest reviews, good-faith criticism of SHINOBIT or the Services, lawful complaints, or communications with government authorities.
Serious violations—including scams, account theft, cheating, hacking, and ban evasion—may result in immediate permanent termination, without any prior warning or lesser penalty. Enforcement is addressed in Section 12.
9. Chat messages
The Services currently allow player chat. This Section applies to the messages you send through that feature ("Chat Content").
License. You retain any rights you have in your Chat Content. You grant SHINOBIT a nonexclusive, worldwide, royalty-free, sublicensable (to our service providers) license to transmit, display, store, reproduce, analyze, and otherwise process your Chat Content as needed to operate, secure, moderate, and improve the safety of the Services, investigate reports, enforce these Terms, and comply with legal obligations. This license does not authorize promotional use of your Chat Content.
Consent to recording and automated moderation. You must accept these Terms before using chat. Chat messages are recorded, stored, and reviewed by SHINOBIT and by service providers acting on our behalf, including an automated AI moderation provider, to operate, secure, and moderate chat, as described in this Section and in the Privacy Policy. Authorized moderators may review messages to investigate reports or enforce the rules. By sending or viewing chat, you consent to this recording and review. Automated moderation can make mistakes; you may contact support to request review of an action.
Chat is not private. Chat messages are not confidential. Do not include passwords, payment details, or other sensitive information in chat, and do not disclose another person's personal information without authorization.
Your responsibility. Send only messages you have the right to share and that comply with Section 8 and the Code of Conduct. You are solely responsible for your Chat Content. Messages reflect the views of their senders, not SHINOBIT. We have no obligation to monitor chat, and we are not responsible for messages sent by other players, but we may restrict or remove any message at our discretion. To report a message, contact support with the message, its approximate date and time, and the account or location involved. Intellectual-property complaints are handled under Section 10.
Removal requests. You may request removal of your messages through support. If you are a registered user in California under 18, you may request removal of content or information you posted by identifying the messages and where they appeared. Removal may be limited by legal exceptions, may not be complete or comprehensive, and does not reach copies that recipients independently made. Retention and backups are governed by the Privacy Policy.
10. Intellectual-property complaints
The Services do not currently allow players to upload images, videos, maps, or other creative assets; player content is limited to chat messages. If you believe that material available through the Services infringes your copyright or other intellectual-property rights, contact info@gobattle.io with the subject line "IP Complaint" and include: identification of the work; the material you believe infringes it and where it appears; your contact information; and a statement that you are the rights owner or authorized to act on the owner's behalf. We may remove material, and we will terminate the accounts of repeat infringers in appropriate circumstances.
11. Third-party services and mobile platforms
11.1 Third-party services
The Services may link to or integrate third-party websites, stores, platforms, payment providers, advertisements (including rewarded ads), or services. Those third parties operate under their own terms and privacy practices, which you are responsible for reviewing. We do not control and are not responsible for third-party content, products, services, or operations, and a link does not imply endorsement. Your dealings with third parties are solely between you and them. Apps you connect to your account through our official account-connection feature are third-party services. They receive only the information you authorize, and you can disconnect them at any time in your account settings.
11.2 App stores and other platforms
If you obtained the app through the Apple App Store, Google Play, or another platform, that platform's terms also apply to your download and use of the app and to purchases made through its billing services, including, for the Apple App Store, Apple's Licensed Application End User License Agreement. The platform provider is not a party to these Terms and is not responsible for the Services. These Terms continue to govern your use of the Services.
12. Moderation, enforcement, and review
Monitoring. We may, but are not obligated to, monitor, review, and moderate gameplay, chat, accounts, and transactions, and we may review reports and relevant account, gameplay, and transaction records to enforce these Terms and protect players, consistent with the Privacy Policy. We do not promise to detect or prevent every violation.
Enforcement actions. We may take any action we consider appropriate in our discretion, including warnings, chat or feature restrictions, trading restrictions, temporary suspensions, permanent bans, removal or change of usernames, reversal of transactions, and removal of Virtual Items. The Code of Conduct describes the strike and penalty schedule we generally follow for ordinary violations; we may depart from it where we reasonably consider it appropriate given the severity, context, or repetition of the conduct. Serious violations described in Section 8 may result in immediate permanent termination without prior strikes or warnings. Pending an investigation, we may temporarily restrict accounts or items when we consider it reasonably necessary to prevent further harm.
Linked accounts. Enforcement actions apply to you personally, not only to a particular account. We may apply any enforcement action, chargeback remedy, or item reversal to any account we reasonably believe is owned, controlled, or used by the same person, or that received diamonds or Virtual Items traceable to a violation, a reversed or refunded payment, or an error described in Section 7.2.
Compromised items. We may remove Virtual Items obtained through fraud, theft, exploits, errors, or unauthorized, reversed, or refunded payments from any account, even if the holder did not knowingly participate in the original misconduct. Removal alone is not a finding that the holder violated these Terms. Except as required by applicable law, we are not obligated to restore, replace, or compensate for lost, stolen, or removed accounts or Virtual Items.
Automated systems. We use automated systems, including AI-based moderation and anti-cheat, which may make mistakes. Where required by applicable law, a person will review an automated decision on request. Your remedy for an automated decision is the review process described below, and, except as required by applicable law, we are not liable for an automated decision that we correct on review.
Bulk or automated submissions. We may combine, deprioritize, or disregard reports, appeals, and support requests that are automatically or bulk generated or that duplicate earlier submissions. This does not apply to privacy requests or to notices required by these Terms or by law.
Notice and review. Where required by applicable law, we will provide a statement of reasons for enforcement decisions and an opportunity to seek review; in other cases, we may do so in our discretion. We may withhold details that would expose another person's information, compromise security or an investigation, or violate law. Shared devices, networks, and other technical signals may inform an investigation. To request review, contact support with your account identifier, the action at issue, and any relevant evidence. Do not send passwords or full payment-card details.
Moderators. Moderators act under SHINOBIT's moderation policies. They may grant or restore Virtual Items or take other account actions only as those policies authorize, for example during events or to correct errors. Moderators cannot change these Terms or grant monetary refunds, and any promise or statement a moderator makes outside that authority does not bind SHINOBIT. Reports of moderator misconduct may be sent to support.
13. Dispute resolution and arbitration agreement
13.1 Scope
This Section 13 applies to you to the extent permitted by applicable law. It does not apply if you are a consumer residing in the European Economic Area, the United Kingdom, Switzerland, or any other jurisdiction whose mandatory law does not permit pre-dispute arbitration of consumer claims; if so, Section 14 governs your disputes. "Dispute" means any dispute, claim, or controversy between you and SHINOBIT arising out of or relating to these Terms, the Services, Virtual Items, purchases, privacy, or our relationship, whether based in contract, tort, statute, or any other legal theory.
13.2 Informal dispute resolution (required)
Before starting arbitration or a court proceeding (other than in small-claims court or as permitted by Section 13.4), the party asserting a Dispute must send the other party a written Notice of Dispute. A Notice to SHINOBIT must be sent to info@gobattle.io (subject line: "Notice of Dispute") and by mail to the postal address at the top of these Terms. We will send any Notice to you using your account contact information. A Notice must include your name, account identifier, and email address; a description of the Dispute; and the relief sought, and it must be signed by the claimant (or, for a minor, by a parent or guardian) and by counsel, if represented.
For 60 days after the Notice is received, the parties will attempt in good faith to resolve the Dispute informally. Upon either party's request during that period, the parties will hold an individual telephone or video conference, scheduled at a time reasonably convenient for the claimant, in which the claimant personally participates (with counsel, if represented). Neither party may begin arbitration until this period ends, unless the parties agree otherwise in writing. Applicable statutes of limitations are tolled while the parties engage in this process. Completing this process is a condition precedent to starting arbitration, and a court may enforce this Section 13.2.
13.3 Agreement to arbitrate
You and SHINOBIT agree that any Dispute will be resolved exclusively by final and binding individual arbitration, except as provided in Section 13.4. This agreement applies to Disputes based on events that occurred before or after you accepted these Terms, but not to any Dispute that was filed in court or arbitration, or described in a written notice, before you accepted the version of these Terms that first included this Section 13. The Federal Arbitration Act governs the interpretation and enforcement of this Section 13. The arbitrator, not a court, will decide all issues of arbitrability and the scope, validity, and enforceability of this Section 13, except that a court will decide (a) whether Section 13.2 has been satisfied, (b) any question about the enforceability of Section 13.7 (class and representative waiver) or the application of Section 13.8 (mass filings), and (c) any question about the arbitrability of a claim for public injunctive relief.
13.4 Exceptions
The following do not have to be arbitrated:
- Small claims. Either party may bring an individual action in small-claims court if it qualifies and remains there.
- Provisional and injunctive relief. Either party may seek provisional remedies in court under California Code of Civil Procedure Section 1281.8, or injunctive relief in court to stop infringement or misappropriation of its intellectual property or unauthorized access to its systems or accounts.
- Public injunctive relief. Any request for public injunctive relief will be severed and decided by a court after the arbitration of all other claims is complete, and the court proceeding will be stayed in the meantime.
- Claims that cannot be arbitrated. Any claim that applicable law (including the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act) does not permit to be subject to pre-dispute arbitration, at the claimant's election.
Nothing in this Section 13 prevents you from reporting concerns to, or cooperating with, government agencies.
13.5 Arbitration rules and procedure
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules (together, the "AAA Rules"), as modified by this Section 13. The AAA Rules are available at www.adr.org. If the AAA is unable or unwilling to administer the arbitration, the parties will agree on another administrator, or a court will appoint one. The arbitration will be conducted by a single arbitrator. Unless the arbitrator decides that an in-person hearing is necessary, the arbitration will be conducted by written submissions, telephone, or videoconference; any in-person hearing will take place in the county where you live or another location the parties agree on.
The arbitrator may award the same individual relief that a court could award, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator must apply these Terms, including Sections 3 and 4, to the extent they are enforceable under applicable law. The arbitrator will issue a written decision stating the essential findings and conclusions. Judgment on the award may be entered in any court with jurisdiction. An arbitration award has no preclusive effect in any other arbitration or proceeding involving a different claimant.
13.6 Costs
Payment of filing, administrative, and arbitrator fees is governed by the AAA Rules, which limit the fees payable by consumers. Each party bears its own attorneys' fees and costs, except where applicable law or the AAA Rules provide otherwise. If the arbitrator finds that a claim or defense was frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)), the arbitrator may allocate fees and costs as applicable law permits.
13.7 Class action, representative action, and jury trial waiver
YOU AND SHINOBIT MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person's claims (except as provided in Section 13.8) and may not preside over any form of class, collective, or representative proceeding. BY AGREEING TO ARBITRATION, YOU AND SHINOBIT EACH WAIVE THE RIGHT TO A TRIAL BY JURY.
If a court decides, after all appeals are exhausted, that this Section 13.7 is unenforceable as to a particular claim or request for relief, that claim or request for relief will be severed and decided by a court after the arbitration of all other claims is complete, and the court proceeding will be stayed in the meantime. If this Section 13.7 is found unenforceable in its entirety, the agreement to arbitrate in Section 13.3 will not apply to any class, collective, or representative proceeding. Nothing in this Section 13 waives your right to seek public injunctive relief in court as provided in Section 13.4.
13.8 Mass filings
A "Mass Filing" exists when 5 or more Notices of Dispute or arbitration demands raising substantially similar claims are submitted within any 180-day period and either (a) are submitted by or with the assistance of the same or coordinated counsel, law firms, claim-recruitment services, or organizations, or (b) rely on substantially similar facts or legal theories, whether or not the claimants are represented and by whom. Substantially similar Notices or demands submitted while a Mass Filing is pending, including those from claimants recruited through the same advertising or online campaign, become part of that Mass Filing. If a Mass Filing exists, the following applies in addition to the AAA Rules:
- Staged batches. Counsel for the claimants (or the claimants themselves, if unrepresented) and SHINOBIT will each select 10 cases (20 total) to proceed first in individual arbitrations. If the Mass Filing includes 20 or fewer cases, all of them proceed together as the first batch. The remaining cases will be held in abeyance, and no filing, administrative, or arbitrator fees will be assessed for them, until the first batch is resolved.
- Mediation. After the first batch is resolved, the parties will participate in a single global mediation session within 90 days to attempt to resolve the remaining cases, with SHINOBIT paying the mediator's fees.
- Subsequent batches. If the remaining cases are not resolved, they will proceed in batches of up to 100 cases, with a new batch starting every 60 days regardless of whether earlier batches have concluded, unless the parties agree otherwise.
- Court option. Any claimant whose case has not been permitted to proceed within 12 months after their Notice of Dispute was received may elect to pursue their individual claim in court.
- Tolling. Statutes of limitations for held cases are tolled from the date their Notice of Dispute is received until they are permitted to proceed.
A court may enforce this Section 13.8. If this Section 13.8 is found unenforceable, a Mass Filing will proceed under the AAA Rules alone.
13.9 Right to opt out
You may opt out of this agreement to arbitrate within 30 days after you first accept these Terms (or, if you previously accepted a version of these Terms that did not include this Section 13, within 30 days after you accept this version). To opt out, send a written "Arbitration Opt-Out Notice" by certified mail or nationally recognized courier to SHINOBIT LLC, Attn: Arbitration Opt-Out, at the postal address at the top of these Terms. The notice must include your name, account identifier, the email address associated with your account, and a clear statement that you want to opt out of arbitration, and it must be signed by you or, if you are a minor, by your parent or guardian. Opt-out notices sent by email or any other method, or on behalf of more than one person, are not effective. Opting out does not affect any other part of these Terms. If you opt out, Section 14 governs your Disputes.
13.10 Changes to this Section
If we make a future change to this Section 13 (other than a change to contact information), you may reject the change by sending us written notice, in the manner described in Section 13.9, within 30 days after the change takes effect. If you do, the most recent version of this Section 13 that you accepted will continue to govern Disputes between you and SHINOBIT.
13.11 Severability
Except as provided in Sections 13.7 and 13.8, if any part of this Section 13 is found unenforceable, that part will be severed and the rest of this Section 13 will remain in effect.
14. Governing law, venue, and claim deadlines
Governing law. These Terms and any Dispute are governed by the laws of the State of California, without regard to its conflict-of-law rules, and, for Section 13, by the Federal Arbitration Act. If you are a consumer residing outside the United States, you also benefit from any mandatory consumer protections of the country where you live.
Venue. Any Dispute that proceeds in court rather than arbitration will be brought exclusively in the state courts located in Sacramento County, California, or the federal courts for the Eastern District of California, and you and SHINOBIT consent to the personal jurisdiction of those courts. This does not prevent either party from using an eligible small-claims court, and it does not prevent a consumer from bringing a claim in the courts of the place where they live if applicable mandatory law gives them that right.
Claim deadline. To the extent permitted by applicable law, any claim for breach of these Terms must be brought within one (1) year after it arises; otherwise, it is permanently barred. Claims under consumer-protection, privacy, or other statutes remain subject to their statutory limitation periods.
15. Suspension, termination, and account closure
By you. You may stop using the Services at any time and may request account closure through the account settings in the Services, where available, or through support. Account closure and personal-information deletion are separate requests and are handled consistently with Section 18.
By us. We may suspend or terminate your account or your access to all or part of the Services at any time: (a) if we believe you violated these Terms or the Code of Conduct, or engaged in fraud, a fraudulent chargeback, or conduct that creates a security or legal risk; (b) to comply with law or legal process; (c) if we discontinue the Services or a feature; or (d) for any other reason, with reasonable notice where practicable. If we terminate your account under clause (d) for reasons unrelated to your conduct, we will refund, directly or through the applicable platform or payment provider, the purchase price of any diamonds you purchased within the 90 days before termination that remain unused, unless applicable law requires a different remedy.
Inactive accounts. We may close accounts that have been inactive for 24 months or more after giving at least 30 days' notice to the account's email address, if we have one, or through the Services. Inactivity alone is not treated as misconduct. If we close an inactive account, or end your access because you do not accept revised Terms under Section 16, the refund rule for clause (d) above applies.
Effect of termination. Upon termination, your licenses to the Services and Virtual Items end. You must stop using the Services and may not evade the termination. Unless a refund is required by law, by the applicable platform's or payment provider's refund policy, by an express purchase commitment, or by clause (d) above, termination does not entitle you to any refund or compensation for game progress, unused diamonds, or other Virtual Items.
Survival. Provisions that by their nature should survive termination will survive, including Sections 2 (ownership, restrictions, and feedback), 3, 4, 5, 7.2, 7.3, 9 (license), 13, 14, and 19, and any accrued payment obligations.
16. Changes to these Terms
We may revise these Terms and the policies incorporated into them. We will identify the updated version and make it available for you to read and save.
For material changes, we will give conspicuous advance notice through an in-game or website popup and, where practicable, your account email, summarizing the key changes and when they take effect. We will request your affirmative acceptance through an "I Agree" control before applying materially revised terms to your future use. Closing a popup, remaining silent, or merely seeing a link does not constitute acceptance. If you do not accept material changes, you may stop using the Services and contact support about account closure; we may discontinue access that depends on acceptance of the revised Terms, subject to the refund rule in Section 15.
We may make nonmaterial changes, such as clarifications, corrections, and updated contact information, by posting an updated version, effective on posting. We may immediately implement operational or conduct measures necessary to address an urgent security threat or legal requirement, with notice as soon as reasonably practicable.
Changes do not apply to Disputes that were filed or noticed before the change takes effect. Changes to Section 13 are also subject to Section 13.10.
17. Events beyond our control
We will not be liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, acts of government, power or internet failures, cyberattacks, denial-of-service attacks, and failures or outages of third-party hosting, network, content-delivery, payment, or platform providers. We will take reasonable steps to reduce the effects of such events.
18. Privacy, cookies, and children's information
Our Privacy Policy explains our personal-information practices and your rights. Our Cookie Policy explains cookies and similar technologies. Use the choices described there. Privacy and personal-information deletion requests may be sent to support@gobattle.io.
We may use gameplay, account, device, chat, and transaction information to operate the Services and to detect and investigate cheating, scams, stolen items, fraud, and ban evasion, as described in the Privacy Policy.
We do not permit use by children under 13. If you believe a child under 13 has provided personal information through the Services, notify support. We will investigate and take the steps applicable law requires, including restricting the account and deleting information where required.
19. General provisions
Entire agreement. These Terms, together with the policies expressly incorporated into them and any purchase terms presented at checkout, are the entire agreement between you and SHINOBIT concerning the Services and supersede all prior or contemporaneous agreements, statements, and understandings on the same subject.
Order of precedence. If the Code of Conduct conflicts with these Terms, these Terms control. The Privacy Policy governs the description of our data practices. A third-party provider's terms govern its own services.
Mandatory rights; severability. Nothing in these Terms excludes or limits any right or remedy that cannot lawfully be excluded or limited, including mandatory consumer rights where you live, and each provision of these Terms applies only to the maximum extent permitted by applicable law. Except as provided in Section 13, if any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible (or severed, if that is not possible), and the remaining provisions will remain in full force and effect.
Assignment. You may not assign or transfer these Terms or your account without our prior written consent; any attempt to do so is void. We may assign or transfer these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, or sale of all or part of our business or assets, including the GoBattle.io game.
No third-party beneficiaries. Except for the SHINOBIT Parties under Sections 3, 4, and 5, these Terms do not create any third-party beneficiary rights.
Relationship. No agency, partnership, joint venture, or employment relationship is created by these Terms.
No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later. Any waiver must be in writing and signed by SHINOBIT.
Notices and electronic communications. We may send you notices through the Services, by popup, or to your account email. You may send us notices at the contact information at the top of these Terms. You agree that electronic communications satisfy any legal requirement that a communication be in writing.
Language. If we provide a translation of these Terms, the English version controls to the extent permitted by applicable law.
Headings. Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation."
California consumer notice. Under California Civil Code Section 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Contact. For questions, reports, review requests, or account assistance, contact info@gobattle.io or SHINOBIT support. Formal legal notices must be sent to info@gobattle.io and mailed to SHINOBIT LLC at the postal address at the top of these Terms.