Terms of Service

1. Operator, Scope and Acceptance

Children of Titan (the "Service"), available at childrenoftitan.com, is operated by Gorden Kirisits, sole proprietor trading as PI IT Solutions, Waldesruhgasse 3B, 5111 Bürmoos, Austria, email [email protected] ("we", "us"). Further details are in the Imprint.

These Terms of Service ("Terms") govern the contract between you and us for the use of the Service, including purchases and subscriptions. You accept these Terms when you register an account. We store the time of acceptance and the version of the Terms you accepted; the current version is always available on this page. How we process personal data is explained in our Privacy Policy. The contract language is English.

2. Eligibility and Minimum Age

• You must be at least 13 years old to create an account and use the Service.
• Purchases and subscriptions are only permitted if you are at least 18 years old or have the consent of a legal guardian. You confirm this at checkout.
• If you are under 18, the mandatory rules of your country on contracts concluded by minors apply.

3. Account Registration

• You must provide accurate information when creating your account, in particular a valid email address that you control.
• You are responsible for keeping your login credentials confidential. Please notify us without delay if you suspect unauthorised access to your account.
• Accounts are personal. You may not share, sell or transfer your account to another person.
• We strongly recommend enabling two-factor authentication (2FA).

4. Game Rules & Fair Play

You agree not to:

• Use bots, scripts or automation tools to interact with the Service, except through the official simulation bot API in accordance with its subscription terms
• Deliberately exploit bugs, glitches or unintended game mechanics (please report them instead)
• Operate multiple accounts ("multi-accounting") to gain unfair advantages
• Collude with other players in ways that undermine fair competition
• Interfere with, disrupt or overload the Service or its infrastructure
• Attempt to reverse-engineer, decompile or extract source code from the Service, except where the law expressly permits this
• Harass, threaten or abuse other players, or post illegal content

If you breach these rules, we may take proportionate measures as described in Section 12 (Content Moderation) and Section 13 (Termination). Measures are decided by a person, and you are informed of the reasons.

5. Virtual Items and In-Game Currencies

• In-game resources, items, bases, troops, ships, cards and currencies (such as Gold, Selenite Shards and Gems) are virtual items. You receive a personal, non-transferable right to use them within the Service for the duration of the contract; you do not acquire ownership of them. Cards you mint as NFTs are governed by Section 7.
• Gems are an in-game currency. You can buy Gems with money, receive them through gameplay rewards or as part of the Commander Pass. Gems can only be used within the Service, for example to buy items, cards and card packs or to trade cards on the in-game card market. Gems cannot be exchanged back into money or cryptocurrency, and we do not refund Gems except where the law requires it (see Section 9).
• We may change virtual items and game mechanics only for a valid reason, in particular to maintain game balance, to fix bugs or exploits, for security reasons, or to comply with legal requirements. Such changes must be reasonable for you, taking our interests into account, and must not unreasonably reduce the value of items you have paid for. We announce material changes in advance in the game or by email, except where an immediate change is needed to fix a security problem or an exploit.
• Items or currency obtained through bugs, exploits or breaches of these Terms may be removed or corrected.

6. Card Packs & Randomised Digital Content

The Service offers Card Packs that contain digital cards with varying attributes. When you open a Card Pack, you receive a fixed number of cards whose specific identities are selected through a randomised process at the time of opening.

• Fixed content: every Card Pack contains a fixed number of usable in-game cards.
• Odds disclosure: the drop odds for cards are shown in the in-game card codex. Individual results vary.
• No buy-back: we do not redeem, buy back or exchange cards for money or cryptocurrency.
• In-game card market: cards that have not been minted to a blockchain may be listed for, and traded between, players through the in-game card market. Such trades are settled solely in Gems and take place entirely off-chain within the Service. Cards you choose to mint to a blockchain as NFTs are governed by Section 7; any transfer of minted NFTs occurs on external networks outside the Service and outside our control.
• Utility: every card, regardless of rarity, provides in-game benefits (for example production boosts or simulation bonuses). Higher-rarity cards offer greater benefits.
• Alternative acquisition: cards are also available for direct purchase in the in-game Shop, where you select the exact card you receive. Card Packs are an optional alternative.

Please spend responsibly. Card Packs are entertainment products.

7. Blockchain & Wallet Interactions

• Certain optional features involve connecting a cryptocurrency wallet and interacting with public blockchain networks (Base, Ethereum).
• You are responsible for the security of your wallet, private keys and seed phrase, and for the blockchain transactions you initiate.
• Blockchain transactions are irreversible. We cannot reverse or cancel on-chain transactions.
• Network fees (gas) are charged by the blockchain network, not by us. We are not responsible for network congestion or failures of the blockchain network itself.
• We do not provide financial, investment or tax advice. Tokens or digital assets associated with the game are intended for gameplay purposes.
• Data written to public blockchains (for example wallet addresses and transaction records) is publicly visible and cannot be changed or deleted, even after account deletion.

8. Purchases, Prices and Subscriptions

• Paid offers are Gem packages, the Commander Pass subscription and the simulation bot API subscription. Payments are processed by Stripe.
• Prices are shown in US dollars. The total amount payable, including any applicable taxes, is shown in the checkout before you confirm payment. The contract is concluded when you complete the payment in the checkout.
• Before checkout you confirm that you are at least 18 years old or have the consent of a legal guardian, and that you request immediate supply and acknowledge that you lose your right of withdrawal once supply begins (see Section 9). You receive a confirmation of the contract, including this acknowledgement, by email or on the Stripe receipt.
• Commander Pass: USD 9.99 per 30-day billing period. Includes the benefits described on the Commander Pass page (for example a daily Gem allowance and a weekly card).
• Simulation bot API subscription: USD 12.99 per month. Includes access to the simulation API as described on the subscription page.
• Subscriptions renew automatically at the end of each billing period until cancelled. You can cancel at any time with effect from the end of the current billing period, without giving reasons, via our contract cancellation page (after logging in), by email to [email protected], or in the Stripe customer portal linked in the game. The subscription benefits remain available until the end of the paid period.
• If we discontinue a paid subscription feature, we will inform you at least 30 days in advance and refund prepaid subscription fees for the period after discontinuation.

9. Right of Withdrawal for Consumers

If you are a consumer, you have the following right of withdrawal.

Withdrawal information

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day on which the contract was concluded.

To exercise the right of withdrawal, you must inform us (Gorden Kirisits, PI IT Solutions, Waldesruhgasse 3B, 5111 Bürmoos, Austria, email [email protected]) of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or an email). You may use the model withdrawal form below, but this is not obligatory. When logged in, you can also use the withdrawal function on our contract cancellation and withdrawal page. If you use it, we will send you an acknowledgement of receipt of your withdrawal by email without delay. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we will reimburse all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested that a subscription service begins during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you informed us of your withdrawal, in comparison with the full coverage of the contract.

Early expiry of the right of withdrawal

• Digital content (for example Gems, cards, card packs, and Gems or cards credited as part of a subscription): the right of withdrawal expires once we have begun supplying the digital content, because at checkout you expressly requested immediate supply before the end of the withdrawal period and acknowledged that you thereby lose your right of withdrawal, and we provided a confirmation of the contract.
• Services (the ongoing service component of a subscription): the right of withdrawal expires when the service has been fully performed, if performance began with your prior express request and your acknowledgement that you lose the right of withdrawal once we have fully performed the contract.

Model withdrawal form

10. User Content & Communication

Content you create or share through the Service (for example usernames, alliance names, chat messages and uploaded images) must not be illegal, must not infringe the rights of others, and must not be offensive, discriminatory or harassing.

You grant us a non-exclusive, royalty-free right to store, display and transmit your content within the Service for as long as it is available there, including, for alliance chat, relaying it to the alliance's Discord channel if the chat bridge is active. You retain all rights to your content.

11. Intellectual Property

All content, graphics, code, designs, logos, game mechanics and other materials of the Service are owned by or licensed to us and are protected by intellectual property laws. You may not reproduce, distribute, modify or create derivative works of them without our prior written consent, except where the law permits this.

Some of this content, in particular 3D models, textures, animations and sounds, is licensed to us by third parties and may only be used inside the Service. You may view and use it while playing, but you may not download, extract, rip, export, store or otherwise copy it from the Service (for example with browser developer tools, scripts or capture software), nor share, sell or reuse it in any other project, product or medium.

12. Reporting Illegal Content and Content Moderation (Digital Services Act)

Our point of contact for users and authorities under Articles 11 and 12 of the Digital Services Act (DSA) is [email protected] (languages: English, German).

How to report content (notice and action, Art. 16 DSA)

Anyone can report content they consider illegal or in breach of these Terms. In the chat, use the report button on the message. Otherwise, send an email to the address above containing:

• an explanation of why you consider the content illegal;
• where the content can be found (for example the chat, moon or alliance, the username, the time of the message, or the page address);
• your name and email address (not required if the report concerns offences relating to the sexual abuse or exploitation of children);
• a statement confirming your good-faith belief that the information in the report is accurate and complete.

We confirm receipt of reports sent by email, review every report diligently, objectively and without undue delay, and inform you of our decision and of the available means of redress.

Moderation measures and statement of reasons (Art. 17 DSA)

Depending on the severity of a breach, we may remove content, restrict features such as chat, temporarily suspend an account, or terminate it (see Section 13). Measures are decided by a person and must be proportionate. Automated tools are used only to reject certain prohibited words in names you choose for in-game objects. If we take a measure against your content or account, we inform you by email or in the game with a statement of reasons, including the facts relied on, the legal or contractual ground, whether automated means were used, and your options for redress. We do not have to do this where the information would conflict with a legal obligation or a request of an authority.

Complaints about our decisions

If you disagree with a moderation decision, whether you reported the content or are affected by the measure, you can send a complaint to [email protected] within six months of being informed of the decision. A person who was not solely responsible for the original decision, where possible, reviews the complaint, and we reverse the decision if it was unjustified. Your right to go to court is not affected.

13. Term and Termination

The contract for the free use of the Service runs for an indefinite period. You can end it at any time by asking us to delete your account by email at [email protected]. Deleting your account does not automatically cancel a running subscription; please cancel it as described in Section 8. After deletion, your data is handled as described in our Privacy Policy. Virtual items and Gems in a deleted account are lost.

We may terminate the contract with 30 days' notice. We may suspend or terminate your account without notice for an important reason, in particular serious or repeated breaches of these Terms, illegal content, fraud or payment chargebacks made in bad faith. Where proportionate, we first issue a warning or a temporary suspension. If we terminate for reasons that are not your fault, we refund prepaid subscription fees for the period after termination.

14. Availability and Changes to the Service

• We aim for high availability but cannot guarantee uninterrupted or error-free operation. Maintenance and updates may temporarily limit access; we try to schedule them so that disruption is kept to a minimum.
• The Service is a live game that is developed further. We may change features, content and balancing where this is necessary for a valid reason (for example further development, balance, security or legal requirements) and reasonable for you. Changes to paid items are subject to Section 5.
• Your statutory warranty rights for digital content and digital services (including the right to updates needed to keep them in conformity with the contract) are not affected.

15. Liability

• We are liable without limitation for damage caused intentionally or through gross negligence, and for personal injury (injury to life, body or health).
• For damage caused by slight negligence, our liability is excluded to the extent permitted by law. This exclusion does not apply to personal injury or to any other case in which the law does not permit an exclusion.
• Liability under mandatory statutory provisions, such as product liability law, and your statutory warranty rights remain unaffected.

16. Governing Law, Place of Jurisdiction and Dispute Resolution

These Terms and the contract are governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer and have your habitual residence in another country, this choice of law does not deprive you of the protection of the mandatory provisions of the law of that country (Art. 6(2) Rome I Regulation).

If you are a consumer with your domicile in the EU, you may bring proceedings against us either in the courts of Austria or in the courts of your domicile, and we may bring proceedings against you only in the courts of your domicile. For business customers, the courts having subject-matter jurisdiction for 5111 Bürmoos, Austria, have exclusive jurisdiction.

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. Complaints can be sent directly to [email protected].

17. Changes to These Terms

We may amend these Terms for a valid reason, for example changes in the law, new features of the Service, or to close gaps or clarify wording, provided the changes are reasonable for you. We will send you the amended Terms by email or show them in the game at least 30 days before they take effect, pointing out the changes, your right to object, and the consequences of not objecting. If you do not object before the changes take effect, the amended Terms apply; if you object, the previous Terms continue to apply, and each party may terminate the contract in accordance with Section 13. Changes to the main obligations, such as the price of a running subscription, require your express consent.

18. Severability

If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain effective. If you are a consumer, the invalid provision is replaced by the applicable statutory provisions. For business customers, the invalid provision is replaced by a valid provision that comes closest to its economic purpose.

19. Contact Us

For questions about these Terms, to contest a moderation decision, or to exercise your rights: