Wild

Terms of Service

Last Updated: January 27, 2025

These Terms of Service (“ToS”) govern your relationship with Wild Software, Inc. (“Wild,” “we,” “us,” or “our”) regarding your use of our VR games Factions or Wild (collectively, the “Games”), and all related websites, companion apps, products, and services (collectively, “Services”) provided by Wild Software, Inc.

1. Agreement to Terms and Privacy Policy

Please read these Terms of Service carefully before using the Services. By using or accessing the Games or any of the Services, you agree to be bound by these ToS and by our Privacy Policy. If you do not agree, please do not use the Services.

2. Privacy Policy

Your privacy is important to us. Our Privacy Policy describes how we collect and use your information.

• When you access Factions (and/or Wild, if applicable) through your Meta (Oculus) account, the Game may automatically create and update a game account tied to your Meta User ID, which is a unique string of numbers provided by Meta.

• Aside from your Meta User ID (which could identify your Oculus account), no other information in your Game account can be used to identify you personally.

• Your Game account may include:

• Your chosen display name

• Owned items and cosmetics

• Purchase history within the Game

• In-game virtual currency balance

For your safety, please do not disclose personal information while using our Services. Our developers or moderators will never ask for sensitive personal information.

For a full explanation, please see our Privacy Policy and refer to Meta’s Privacy Policy for details about its data practices.

3. Children

“Children” are individuals under 13 years old in the United States or below the legal age of majority in your country of residence. We do not intend Factions or Wild for children under 13. We do not knowingly collect, store, or process personal information from anyone under 13.

• Under 13: If we learn that a user under 13 is playing, we will ban the account.

• Ages 10–12 with a Parent Managed Account (Meta): In some regions, Meta allows a parent-managed account for children aged 10–12. If a parent or guardian sets up a Parent Managed Account, the child’s app downloads require the parent or guardian’s approval.

• 13–18 Years Old (Wards): If you are between 13 and 18 (or the legal age of majority in your jurisdiction, if higher), you agree to review these ToS with your parent or guardian. If a parent or guardian agrees, they accept responsibility for your actions (including financial charges and legal liabilities) while using our Services.

If you have concerns or need us to remove information about a Child, please contact us at privacy@thatswild.com.

4. Account Requirements

You must have a valid Meta (Oculus) account (and/or an account through our own system, where applicable) to play Factions or Wild, as relevant. Meta administers Oculus accounts, and we do not create or monitor them.

You are responsible for all activities associated with your account. We are not liable for any loss you may incur if someone else uses your account with or without your knowledge. You may also be liable for losses incurred by Wild Software, Inc. or others due to unauthorized use of your account. Please safeguard your login credentials.

5. Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services, subject to your compliance with these ToS. You warrant that you will not use the Services for any unlawful or prohibited purpose. You agree not to damage, disable, or impair the Services or interfere with others’ use of the Services.

Any use of the Services not expressly permitted by these ToS is a breach and may violate copyright, trademark, and other laws.

6. Prohibited Uses

While using our Services, you agree to:

• Refrain from:

• Damaging or impairing any Services.

• Collecting or sharing other people’s personal information.

• Threatening to reveal or revealing someone else’s personal information.

• Sharing your own sensitive personal information publicly.

• Using hateful language (e.g., racism, sexism, homophobia, transphobia, slurs).

• Cheating or exploiting bugs that negatively impact other players.

• Bullying or harassing anyone (threatening, demeaning, derogatory, or abusive behavior).

• Impersonating others (players, celebrities, government officials, our employees, etc.).

• Promoting scams, hacking attempts, or other deceptive practices.

• Sharing inappropriate or illegal content.

• Attempting to bypass rules or evade bans.

If you find a bug or exploit, please report it to us at privacy@thatswild.com or via our Discord (if applicable). We reserve the right to ban players at our discretion for breaches of these ToS or other disruptive behavior. If you believe a ban is unjust, you may appeal by emailing legal@thatswild.com.

You further agree not to hack, modify, or otherwise interfere with the Games, servers, or other users’ accounts. Such actions may lead to legal consequences. Wild Software, Inc. reserves the right to seek damages or take other legal action for violations.

7. Communication & Player Moderation

At this time, neither Factions nor Wild records or stores voice chat for moderation. However, we reserve the right to monitor user communications or take other moderation measures (e.g., user reports, content flags) to maintain a safe community. We may remove or disable access to content or impose suspensions/bans on accounts that violate these ToS or our community guidelines.

In cases involving unlawful behavior or threats, we may notify Meta, relevant law enforcement, or other authorities. We aim to foster a friendly environment, but we are not obligated to monitor all communications or take specific actions.

8. Testing Disclaimer (If Applicable)

If either of the Games is in beta (or similar) testing, it is provided “as is” and may contain defects. By participating in testing, you help improve the Games by reporting bugs and feedback. We may remove you from the testing program at any time without prior notice.

9. Proprietary Rights

All title, ownership, and intellectual property rights in the Games and Services are owned exclusively by Wild Software, Inc. The Games and Services contain proprietary information protected by applicable IP laws. You may not copy, modify, distribute, create derivative works from, or otherwise exploit any part of the Games or Services without our prior written consent.

10. Feedback

You may voluntarily provide suggestions or feedback (“Feedback”) to us regarding the Games or Services. You agree that Wild Software, Inc. may use, share, or otherwise utilize such Feedback for any purpose without additional compensation to you. You grant us a perpetual, irrevocable, worldwide license to incorporate and use your Feedback in any manner we deem appropriate.

11. Updates and Patches

We may update, remove, change, or patch the Games and Services without notice. Your use of the Services does not entitle you to any specific content, rewards, or achievements, and we have no liability to you if changes affect your experience or available content.

12. User Generated Content (“UGC”)

We may allow you to create, develop, modify, or distribute UGC (e.g., in-game builds, chat, customizations, screenshots, audio, etc.). By creating or posting UGC:

1. License to Wild: You grant Wild Software, Inc. a perpetual, irrevocable, non-exclusive, worldwide license to host, copy, store, modify, adapt, publicly perform, display, transmit, or distribute your UGC for any purpose.

2. No Compensation: You understand that you are not entitled to any compensation for UGC.

3. Compliance: You warrant that your UGC does not violate any third-party rights, contracts, or laws.

4. Removal: We reserve the right to remove or disable access to any UGC that we believe infringes on others’ rights or violates these ToS.

If you delete your UGC, it will not be recoverable. Exercise caution before removing content.

13. Health and Safety

Use of VR headsets carries inherent risks, including reduced awareness of surroundings and possible motion sickness or other physical strain. By playing Factions or Wild (if VR is applicable to either), you assume all risks of using VR technology.

• Please review all health and safety warnings from your headset manufacturer (e.g., Meta’s Health & Safety Guidelines).

• Do not play if you’re tired, unwell, under the influence, or have conditions that might be exacerbated by VR.

• Set up a safe play area, clear of obstacles, and take breaks (recommended every 10–15 minutes).

• Stop immediately if you experience dizziness, nausea, eye strain, disorientation, or other adverse symptoms.

You agree that Wild Software, Inc. is not liable for any injuries, damages, or losses from use of VR or the Games.

14. Indemnity

Where allowed by law, you agree to indemnify and hold harmless Wild Software, Inc., its affiliates, and their officers, directors, employees, and representatives from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Games or Services, violation of these ToS, or infringement of any intellectual property rights or other rights of any person or entity.

15. Disclaimers

You assume all responsibility and risk for using the Games and Services. You acknowledge that any information transmitted may be intercepted by unauthorized parties. The Services are provided “as is” and “as available” without warranties of any kind, whether express or implied.

You accept the inherent security risks of providing information online, and Wild Software, Inc. is not responsible for any breach of security unless caused by our gross negligence or willful misconduct.

16. Binding Arbitration and Class Action Waiver

Important: This section affects your legal rights. Please read carefully.

Most disputes can be resolved by contacting our support at privacy@thatswild.com. However, if a dispute cannot be resolved informally:

1. Informal Resolution: Both parties agree to attempt good-faith resolution of any dispute before initiating arbitration.

2. Binding Individual Arbitration: If not resolved within 30 days, either party may initiate binding arbitration under the JAMS rules (https://www.jamsadr.com) in the State of Delaware, USA. The arbitration will be conducted in English by a single neutral arbitrator.

3. Class Action Waiver: You agree to resolve disputes with us on an individual basis, and you waive any right to participate in a class or representative action.

4. Arbitration Process: The arbitrator’s decision is final and binding. Any in-person hearing will be in Delaware.

5. International Users: If you reside in the EU or UK, this arbitration provision may not apply to you, and you may have the right to bring a claim in your country of residence.

17. General Information

17.1 Entire Agreement

These ToS (including any additional terms incorporated by reference) constitute the entire agreement between you and Wild Software, Inc. regarding the Services and supersede any prior agreements.

17.2 Waiver and Severability

If Wild Software, Inc. does not enforce any provision of these ToS, it is not a waiver of that provision. If any part of these ToS is held invalid or unenforceable, the remaining provisions remain in full force.

17.3 Statute of Limitations

Any claim arising from your use of the Services must be filed within one (1) year after it arises; otherwise, the claim is permanently barred.

18. Terms of Sale

These Terms of Sale apply to any purchases (digital or physical) you make relating to Factions, Wild, or other products offered by Wild Software, Inc.:

• All Sales Final: Unless otherwise noted, all purchases are final, non-cancelable, and non-refundable.

• In-App Purchases: We cannot issue refunds for VR in-app purchases; please see Meta’s refund policy for details.

• Chargebacks or Fraud: Engaging in fraud or chargebacks may result in permanent suspension of your account.

• Questions: For inquiries about orders, please contact privacy@thatswild.com.

19. Communication

• Support or General Questions: privacy@thatswild.com

• Ban Appeals: You may email legal@thatswild.com with your username and the reason for appeal.

We encourage community interaction, feedback, and suggestions (e.g., via Discord or social media). Please note that all feedback is considered non-confidential and may be used at our discretion, per Section 10.