1.1 Who we are and what this agreement does. These terms govern the relationship between you and Solace Games, SARL, a company with registered number B21465, incorporated in Luxembourg with registered address at 15, Blvd Franklin D Roosevelt, Luxembourg ("Solace Games", "us" or "we") including in relation to your use of the FIFA Heroes Game (including any updates or supplements), and the content we provide to you through it (the "Game"). The Game is developed and operated by / on behalf of Solace Games. FIFA is not responsible for the operation of the Game, customer support, transactions.

1.4 Changes to the Game. We may update, modify, suspend or discontinue the Game (or any part of it) at any time for legal, technical, operational or commercial reasons. These terms will apply to any updates unless such update is accompanied by separate terms.

2.4 License grant. Subject to your compliance with these terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use the Game on devices that you own or control solely for your personal, non-commercial entertainment purposes.

2.6 We may monitor and moderate. To the extent permitted by applicable law, we reserve the right (but are not obliged) to monitor, review, screen, edit, remove or disable access to any part or the Game at our discretion, including where we reasonably believe that any use of the Game by an Account breaches these terms or applicable law.

2.9 In-Game Rules and Community Standards. We may publish additional rules, policies, community standards, or gameplay guidelines applicable to the Game (including within the Game or on the Game's website) ("Game Rules"). You agree to comply with the Game Rules as updated from time to time. The Game Rules are incorporated into these terms by reference. If you breach the Game Rules, we may take enforcement action as described in these terms, including warnings, content removal, restriction, suspension or termination of your Account.

2.10.1 To use the Game, you will be required to make an account ("Account").

2.10.2 Where you provide information about yourself when setting up your Account, you must ensure that the information is accurate. You must update your Account if this information changes.

2.10.3 Your display name associated with your Account must not be offensive or infringe on any third-party rights (such as intellectual property rights). We reserve the right to change or remove your display name at any time without notice.

2.10.4 You acknowledge and agree that other users may be able view and access details associated with your Account, such as your display name (but not your email). For more information about personal data used by the game, please refer to our Privacy Notice.

2.10.5 You must keep your Account login credentials secret and not share them with anyone else (except your parent or guardian if you are a minor).

2.10.6 You may not allow another person to access or use your Account except where permitted for a parent or guardian supervising a minor.

2.10.7 Your Account is personal to you. You may not sell or transfer your Account (or any Virtual Content), nor purchase an Account (or any Virtual Content) from anyone else. If you suspect that someone is using your Account without your permission, you must notify us and immediately and change your Account login credentials.

2.10.8 You are responsible for anything that happens on your Account, including any purchases whether or not authorised by you and any user activity. We are not responsible for any loss that you may suffer as a result of any authorised or unauthorized access to your Account.

2.10.9 If you suspect or become aware of any unauthorized access to or use of your Account, you must notify us promptly and take reasonable steps to secure your Account (including changing passwords or credentials and enabling available security features). We may require you to reset credentials, provide additional verification, or temporarily suspend access to the Account to protect you, other users, or the Game. We are not responsible for any loss resulting from your failure to maintain the confidentiality and security of your Account credentials.

2.11.1 We may suspend, restrict or terminate your Account and/or your access to the Game if we determine, in our sole discretion, that: (i) you have breached these terms; or (ii) you are suspected of cheating or otherwise improper, unlawful or fraudulent use of the Game.

2.11.2 You can delete your Account by clicking on "Delete Account" within the "Settings" section.

2.11.3 Where your Account is deleted, terminated, or suspended by you or us (as the case may be) you may permanently lose access to any data associated with your Account, including any Virtual Content, and we are under no obligation to restore any such data or issue a refund for any purchases associated with the Account, except to the extent required by applicable law.

2.11.4 These terms shall continue to apply to our relationship with you after your Account has been deleted, restricted, terminated or suspended.

2.12.1 From time to time, we may release updates to the Game including to improve performance, enhance functionality, reflect changes to the operating system or address security issues. These updates may apply automatically, or we may ask you to update the Game.

2.12.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Game.

We are giving you personally the right to use the Game. You may not transfer the Game, to someone else, whether for money, for anything else, or for free.

2.14.1 The Game is provided for entertainment purposes only.

2.14.2 Although we make reasonable efforts to update the information provided by the Game, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

2.14.3 The Game has not been developed to meet your individual requirements. Please check that the facilities and functions of the Game (as described on the relevant application store site) meet your requirements.

2.14.4 We do not guarantee that the Game, or any part of it will always be available, uninterrupted or error-free. We may modify, suspend, withdraw, or discontinue the Game or any feature of the Game (in whole or in part) at any time for technical, operational, legal, or commercial reasons. Where reasonably practicable and where the change is material, we will provide advance notice.

2.14.5 The Game may require an internet connection and access to online services. We may suspend or discontinue online services, features or functionality at any time for technical, legal or commercial reasons. Where reasonably practicable and where required by applicable law, we will provide advance notice. We are not liable for any inability to access the Game resulting from internet connectivity issues, platform outages, or service discontinuation.

3.1 Virtual Content

3.1.1 The Game allows you to purchase a limited, personal, non-transferable, non-exclusive, non-sublicensable, revocable right to use downloadable content and other goods and services using 'real world' money ("Virtual Content"). Virtual Content may also be 'earned' by playing the Game.

3.1.2 You do not own any Virtual Content associated with your Account. Any reference in these terms or the Game to you "purchasing" or "buying" Virtual Content refers to us providing you with a limited, personal, non-transferable, non-exclusive, non-sublicensable, revocable right to use the Virtual Content in the Game.

3.1.3 We may at any time modify, rescind, or substitute Virtual Content which you have purchased. We may also at any time revise the price of Virtual Content.

3.1.4 Virtual Content has no real-world value.

3.2 Billing and payment

3.2.2 All purchases of Virtual Content are, except to the extent required by applicable law, final and non-refundable.

3.2.3 For each purchase of Virtual Content, you represent and warrant that you have the right to use the selected payment method.

3.2.4 If any payment is reversed, charged back, or determined to be fraudulent or unauthorized, we may suspend or terminate your Account and remove or revoke the relevant Virtual Content from your Account.

3.2.5 We reserve the right to recover any amounts owed to us and to take further action where we reasonably believe payment abuse or fraud has occurred.

3.2.6 Taxes and Fees. You are responsible for any applicable taxes, duties, levies, or similar governmental assessments associated with your purchases, except where we are required by applicable law to collect and remit such amounts.

3.2.7 Pricing and Availability. Prices, product availability, and offers for Virtual Content may vary by platform, region, currency, and time. We may change prices and availability at any time to the extent permitted by applicable law.

3.2.8 No Redemption or Cash Value. Virtual Content is not redeemable, refundable, or exchangeable for cash or for any real-world goods or services (except as required by applicable law). You have no property interest in Virtual Content, and Virtual Content may be removed or made unavailable as described in these terms.

4.1 Third-Party Services and Components. The Game may integrate, use, or make available third-party services, software development kits, content, or components (including analytics, advertising technology, payment processing, hosting, cloud services, social login, or customer support tools) ("Third-Party Services"). Third-Party Services may be governed by separate terms and policies between you and the relevant third party. Solace Games does not control Third-Party Services and is not responsible for their availability, security, performance, or any acts or omissions of the third parties.

5.1 User Content. "User Content" means any content that you create, upload, submit, transmit, publish, display or otherwise make available in or through the Game, including display names, profile information, and any other communications.

5.2 Responsibility for User Content. You are solely responsible for your User Content and for the consequences of submitting or making it available in or through the Game. You represent and warrant that: (a) you own or have all necessary rights and permissions to submit the User Content; (b) your User Content does not infringe or misappropriate any intellectual property or other rights of any Third-Party; and (c) your User Content complies with these terms and all applicable laws.

5.3 License to Solace Games. By submitting User Content in or through the Game, you grant Solace Games a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to host, store, reproduce, modify, adapt, display and otherwise use such User Content solely for the purposes of operating, maintaining, improving, providing, and promoting the Game (including by displaying User Content within the Game, on official Game channels, or in marketing materials), in each case in accordance with applicable law.

5.4 Waiver of Moral Rights; Consent to Changes. To the maximum extent permitted by applicable law, you waive (or agree not to assert) any "moral rights" or similar rights you may have in your User Content, and you consent to our use, modification, adaptation, and removal of User Content as described in these terms (including for formatting, moderation, safety, compliance, and operational purposes).

5.5 Monitoring and Removal. We may, but are not obliged to, monitor, review, screen, edit, remove or disable access to any User Content at our discretion, including where we reasonably believe such content violates these terms or applicable law. We are not liable for any loss resulting from the removal of User Content.

5.6 No Obligation to Preserve Content. We are not obligated to store, maintain or provide copies of User Content and may delete or remove User Content in accordance with these terms.

5.7.1 Reporting. If you believe a user or User Content violates these terms, you may report the Account or User Content by contacting the Support Team at support@fifaheroes.gg.

5.7.2 Enforcement. If we determine, in our sole discretion, that you or your User Content violates these terms or applicable law, we may take any action we deem appropriate, including removing or restricting access to User Content, issuing warnings, limiting functionality, suspending or terminating Accounts, and reporting suspected unlawful activity to relevant authorities, in each case to the extent permitted by applicable law.

6.1 Ownership. All intellectual property rights in and to the Game (including all software, source code, object code, algorithms, databases, audiovisual content, artwork, graphics, animations, characters, designs, music, sound recordings, text, gameplay mechanics, user interfaces, trademarks, logos, trade names, and other materials made available in or through the Game) throughout the world belong to Solace Games or our affiliates or licensors and are protected by applicable intellectual property laws.

6.2 Content. Without limiting the foregoing (and unless otherwise noted) all materials, including, but not limited to names, logos, images, text, illustrations, designs, icons, photographs, characters, video clips and written and other materials that appear in the Game (collectively, the "Contents") are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed by us, one of its affiliates or by third parties who have licensed their materials to us, and are protected by U.S. and international copyright laws. You may not reuse, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale or exploit in any manner, in whole or in part, any of the Contents. FIFA, the FIFAe logo, and all related marks are trademarks owned by Federation Internationale de Football Association and are used under license.

6.3 License, Not Sale. The Game is licensed to you, not sold. Subject to your compliance with these terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Game solely as expressly permitted under these terms. Except for the limited rights expressly granted, no rights are transferred to you.

6.4 No Implied Rights. No rights are granted to you by implication, estoppel, exhaustion, or otherwise.

6.5 Proprietary Notices. You must not remove, alter, obscure or modify any copyright, trademark or other proprietary rights notices appearing in or on the Game.

6.6 Trademarks. All trademarks, service marks, logos and trade names displayed in or through the Game are the property of Solace Games or our licensors. Nothing in these terms grants you any right to use any such trademarks without our prior written consent.

6.7 Feedback. If you provide us with any suggestions, ideas, comments or feedback relating to the Game ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable and sublicensable right to use and exploit such Feedback for any purpose without restriction or compensation to you.

6.8 Reservation of Rights. All rights not expressly granted to you under these terms are reserved by Solace Games and its licensors.

7.1 Notice of Copyright Infringement. We respect the intellectual property rights of others and expect users to do the same. If you are a copyright owner or authorised to act on behalf of one and believe that any content in or through the Game infringes your copyright, you may submit a notification pursuant to the U.S. Digital Millennium Copyright Act ("DMCA") by contacting our Copyright Agent at Solace Games, SARL, Attn: Copyright Agent, 15, Blvd Franklin D Roosevelt, Luxembourg. Email: legal@solacegames.io. If a copyright owner is under the age of 13, a DMCA notice must be submitted by a parent or other representative of the rightsholder, rather than directly by a person under the age of 13. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. You must provide the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
2. A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
3. A description of the material that you claim is infringing and where it is located;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

7.2 Counter-Notice. If you believe that content you submitted was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to our Copyright Agent containing the information required under 17 U.S.C. § 512(g). Upon receipt of a valid counter-notice, we may restore the removed content in accordance with applicable law.

7.3 Repeat Infringer Policy. We may suspend or terminate the Accounts of users who are determined, in our discretion, to be repeat infringers.

7.4 Misrepresentations. Any person who knowingly materially misrepresents that material or activity is infringing (or was removed or disabled by mistake or misidentification) may be liable for damages under applicable law.

8.1 You must not provide, submit, or make available content that infringes any trademark rights.

8.3 We are not in a position to mediate disputes between users and trademark owners. However, we may remove or restrict access to content alleged to infringe trademark rights, and we may take enforcement action under these terms.

9.1 We are not responsible for other websites you link to.

9.1.1 The Game may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

9.1.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

10.1 Support. If you want to learn more about the Game or have any problems using it please take a look at our support resources at https://www.playfifaheroes.com.

10.2 Contacting us (including with complaints). If you think the Game is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at: support@fifaheroes.gg.

11.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

11.2 Where changes to these terms are material, we will give you reasonable advanced notice of the change by sending you details of the change when you next start the Game, including when the change takes effect.

11.3 Your continued use of the Game after these terms have changed means you have accepted the updated terms. If you do not accept the notified changes, you will not be permitted to continue to use the Game.

Information relating to: (i) who we are; (ii) how we process your personal data and for what purposes; and (iii) your rights in relation to your personal data and how to exercise them is provided in our Privacy Notice, and it is important that you read that information.

13.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Solace Games, its affiliates, licensors, officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Game; (b) your breach of these terms; (c) your User Content; or (d) your violation of any third-party rights or applicable law.

13.2 Solace Games reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defence.

14.1 Non-Excludable Rights. Nothing in these terms excludes or limits any liability or rights that cannot be excluded or limited under applicable law. Where you have statutory consumer rights, those rights are not affected by these terms.

14.2 THE GAME AND ALL CONTENT, FEATURES, FUNCTIONALITY, AND SERVICES PROVIDED THROUGH THE GAME ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

14.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR ACTIONS OR BREACH OF THIS AGREEMENT, OR WHICH ARISE AS A RESULT OF A THIRD PARTY'S (OR ANY OTHER) ACTS OR OMISSIONS BEYOND OUR CONTROL.

14.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY: (I) INDIRECT; (II) INCIDENTAL; (III) CONSEQUENTIAL; (IV) SPECIAL; (V) EXEMPLARY; OR (VI) PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE GAME OR YOUR USE OF OR INABILITY TO USE THE GAME, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.5 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE GAME OR THESE TERMS SHALL NOT EXCEED THE HIGHER OF: (I) THE AMOUNT PAID BY YOU, IF ANY, TO US UNDER THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (II) ONE (1) UNITED STATES DOLLAR, EVEN IF THAT REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

15.3 Severability. If a court finds part of these terms invalid, illegal, or unenforceable, the rest will continue in force. Each of the paragraphs (and each part of the paragraphs) of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs (and parts of paragraphs) will remain in full force and effect.

15.4 Even if we delay in enforcing this contract, we can still enforce it later. Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

15.5 Force majeure. We will not be liable for any delay or failure to perform any obligation under these terms to the extent caused by events beyond our reasonable control, including acts of God, flood, fire, earthquake, war, terrorism, civil unrest, labor disputes, strikes, government action, pandemics, embargoes, interruptions or failures of the internet, telecommunications, hosting or power, platform outages, denial-of-service attacks, cyber-attacks, malicious code, computer viruses, mobile device viruses, network viruses, ransomware, or other harmful technological events or security incidents.

15.7 Entire Agreement. These terms (together with any documents incorporated by reference) constitute the entire agreement between you and Solace Games regarding the Game and supersede any prior agreements or understandings.

15.8 No Third-Party Beneficiaries. Except as expressly stated, these terms do not confer any rights or remedies on any person other than you and Solace Games.

16.1 Disputes. Except as explained below, User and Solace Games agree that any dispute arising under or relating to these Terms or the Game ("Dispute") will be governed and resolved first through the Informal Dispute Resolution Requirements stated below, and only if those requirements are satisfied, then, for U.S. residents only, through binding arbitration and not through litigation. This agreement applies regardless of the legal theories involved in the Dispute and regardless of whether the Dispute is with Solace Games, its subsidiaries, affiliates or parent company, or any suppliers or service providers involved with the Game, or their officers, directors, employees, agents, or successors. USER AGREES THAT USER IS GIVING UP THE RIGHT TO FILE A LAWSUIT IN COURT BEFORE A JUDGE OR JURY, INCLUDING IN A CLASS ACTION, FOR DISPUTES THAT ARE SUBJECT TO ARBITRATION.

16.2 Class Action Waiver. To the extent permitted by law, User and Solace Games agree that neither of us will assert a claim against the other as a class action, class arbitration, or in any other similar representative capacity. This class action waiver does not prohibit User and Solace Games from resolving Disputes through a class settlement approved by a court.

16.3 Informal Dispute Resolution Requirements

16.3.1 Informal Discussion Period. For a period of at least 60 days prior to starting any arbitration (or any lawsuit, if an exception to arbitration applies), User and Solace Games agree to first engage in informal discussions to attempt to negotiate a resolution of any Dispute. These informal discussions must include live verbal conversations by telephone or other device if requested by any party. These informal discussions will start 10 days after written notice is sent from User to Solace Games or from Solace Games to User. These informal discussions must be concluded either by a resolution agreed to in writing by the parties or by written notice from one party sent 7-10 days prior to the expiration of the 60-day informal dispute resolution period specifically stating each unresolved demand and the basis therefore.

16.3.2 Notices. Solace Games will send User notices to the email address or billing address that User provided to Solace Games. User will send notices to Solace Games, SARL, Legal Department, 15, Blvd Franklin D Roosevelt, Luxembourg by certified mail or by international courier (or international equivalent). The initial notice of a Dispute from a User must include: (a) the full legal name of the User making the claim, (b) the display name of the User's Account, (c) the email address associated with the User's Account, if any, (d) a description of the nature and basis of the claim, (e) the specific result that is desired, and (f) the ticket or case number provided by Solace Games Support to track previous attempts to resolve the Dispute, if there is one.

16.4.1 Arbitrable Disputes. Except as explained below, Solace Games and any User who is a United States resident agree that any Dispute that has satisfied the Informal Dispute Resolution Requirements will be subject only to binding arbitration by a neutral arbitrator and may not be litigated. The arbitrator's decision will be final except for a limited right of appeal allowed by federal law. The arbitrator may award User damages, just like a court could, but only to the extent necessary to satisfy User's individual claim.

16.4.2 Arbitration Rules. Arbitration will be overseen by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Rules"). User can find more information at www.adr.org.

16.4.3 Mandatory Prerequisite to Arbitration or Litigation. No Dispute will be subject to arbitration (or to a lawsuit if an exception to arbitration applies) unless the Informal Dispute Resolution Requirements have been satisfied by the party demanding arbitration (or the party filing the lawsuit if an exception to arbitration applies). Disputes submitted to arbitration in violation of the Informal Dispute Resolution Requirements shall not be accepted by AAA and shall be deemed frivolous for purposes of any fee shifting allowed by AAA Rules. Any lawsuit filed in violation of the Informal Dispute Resolution Requirements shall be subject to dismissal.

16.4.4 Commencement of Arbitration. Unless the parties agree otherwise, a demand for arbitration must be sent to the same address and by the same manner as an initial notice of a Dispute and must be entitled "Demand for Arbitration."

16.4.5 Fees. If User has complied with the Informal Dispute Resolution Requirements, and if User's total claims are for less than $10,000, Solace Games will reimburse User the cost of User's filing fee, unless the arbitrator determines that the substance of User's claims or remedy sought were frivolous or brought for an improper purpose as described in the AAA Rules; in which case payment of any filing, administrative, or arbitrator fees will be decided by AAA Rules. Notwithstanding any contrary provision in these Terms, a prevailing party in arbitration will only be entitled to be awarded a shifting of fees and costs when consistent with AAA Rules.

16.4.6 Location. Unless the parties agree otherwise, any arbitration hearing will take place in San Francisco, California, if that is a reasonably convenient location for User, and if not, then in the county or parish where User resides. Depending on the amount of a claim, AAA Rules may permit or require the arbitration to be conducted: (1) only by documents submitted to the arbitrator; or (2) by telephone hearing. Regardless of how arbitration is conducted, the arbitrator must issue a written decision explaining the findings and conclusions that their decision is based on.

16.4.7 Settlement Offers. During arbitration, if Solace Games makes User (or User makes Solace Games) a settlement offer, the amount of the offer may not be shared with the arbitrator until after the arbitrator makes a final decision and award. If User wins the arbitration and is awarded more than the amount reflected in Solace Games' last written settlement offer, Solace Games will pay User the higher of: (a) the arbitrator's award or (b) $10,000.

16.4.8 No Consolidation. To the extent permitted by law, the arbitrator shall not consolidate claims into a class proceeding and may award injunctive relief only in favor of the individual parties to the arbitration and only to the extent necessary to provide relief that is warranted by an individual claim.

16.4.9 Enforceability. All issues in the Dispute are for the arbitrator to decide, except that only a court may decide issues relating to the scope, interpretation, and enforceability of these Arbitration Terms, or whether a Dispute can be arbitrated. Judgment on an arbitration award may be entered by any court having jurisdiction.

16.4.10 Severability. Except for the Class Action Waiver, if any provision of these Arbitration Terms is found unenforceable, that provision will be severed and the balance of these Arbitration Terms will remain in full force and effect. If a court decides that applicable law precludes enforcement of these Arbitration Terms as to any particular claim for relief or remedy (such as declaratory or injunctive relief), then that claim or remedy (and only that claim or remedy) must be severed from the arbitration, while the remaining claims and remedies (such as individual damages or restitution) will still be resolved through binding arbitration.

16.4.11 Confidentiality. The arbitrator shall honor all evidentiary privileges recognized at law and shall enter orders as appropriate to protect the parties' trade secrets or confidential information. The parties agree to maintain the confidentiality of each party's designated confidential information.

16.4.12 Exceptions to Informal Dispute Resolution Requirements and Arbitration Terms. The following claims and actions are exempt from both the Informal Dispute Resolution Requirements and Arbitration Terms: (i) enforcement actions through a federal, state, or local agency if those actions are available; (ii) claims for infringement of patent, copyright, trademark, or trade secret rights; (iii) actions seeking only injunctive relief and no award of attorneys' fees or costs; and (iv) actions seeking remedies under the GDPR.

16.4.13 Exceptions to Arbitration Terms. Individual non-class claims that User or Solace Games chooses to assert in small claims court are not subject to the Arbitration Terms, but the Informal Dispute Resolution Requirements must be satisfied prior to the filing of any such small claims action. In addition, claims that are the subject of a certified class action or a class settlement submitted to a court for approval, regardless of whether the claimant has opted out of the class action or class settlement, are not subject to the Arbitration Terms and may not be the subject of an arbitration demand. Regardless of whether a User has opted out of a class action or class settlement, the certification of a class action or the filing of a proposed class settlement with a court for approval shall divest AAA of its authority to arbitrate any claims pending with AAA that are otherwise the subject of the class action or settlement. Such opt out claims may thereafter only be asserted in a court of law.

16.4.14 Opting Out of Arbitration Terms. User may opt out of the Arbitration Terms within 30 days of using the Game for the first time, and User may opt out of any material changes to the Arbitration Terms within 30 days after Solace Games gives notice of those changes (unless a longer period is required by applicable law). To opt out of the Arbitration Terms or changes thereto, User must send a notice titled "Arbitration Opt-Out Notice" to Solace Games, SARL, Legal Department, 15, Blvd Franklin D Roosevelt, Luxembourg by certified mail or international courier (or international equivalent). The Arbitration Opt-Out Notice must include: (a) the full legal name of the User, (b) the username of the User's Account, and (c) the User's email address. An opt-out notice does not revoke or otherwise affect any previous agreement to the Arbitration Terms. By opting out of a change to the Arbitration Terms, User agrees to arbitrate any Dispute in accordance with the language of the last Arbitration Terms that User accepted.

16.5 Governing Law and Venue for Non-Arbitrable Disputes. These Terms are governed by the laws of the State of California, without regard to conflict of law principles. The Arbitration Terms are subject to and governed by the Federal Arbitration Act ("FAA") and (only to the extent not inconsistent with the substantive and procedural provisions of the FAA), the laws of the State of California, without regard to conflicts of laws principles. The arbitrator will not be bound by rulings in other related arbitrations. Any Disputes that are not subject to the Arbitration Terms or that are severed from any arbitration may only be litigated in the federal or state courts of California; and the parties consent to personal and exclusive jurisdiction in these courts, except as otherwise provided under applicable law.

17.1 Complaints. If User is a California resident, under California Civil Code Section 1789.3, User may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by phone at (800) 952-5210 in order to resolve complaints regarding the Services or to get more information regarding use of the Services.

17.2 Minors. If User is a California resident under the age of 18, User may ask Solace Games (and Solace Games will comply) to remove certain personal content that User has publicly posted to the Services. This generally includes personal information, but does not include anonymized information that User provides (since User has received consideration for providing it). To make such a request, please contact support@fifaheroes.gg. User's request must include User's username and a specific description of the content that User wants removed so that Solace Games can find it. Solace Games will not accept requests via postal mail, phone or fax and may not be able to respond if User provides incomplete information. If User makes a request, it is not a guarantee that the information User posted will be completely removed and there may be circumstances in which the law does not require or allow removal, even if User makes a request.

The following supplemental terms apply to users who are resident in the European Union, the European Economic Area or the United Kingdom ("EEA/UK Users"). To the extent of any inconsistency or conflict between these terms and the main body of these Terms, this Appendix A shall prevail for EEA/UK Users.

1. Consumer Rights. Nothing in the Terms shall exclude or limit any mandatory statutory rights you have as a consumer under applicable law in your country of residence. Where any provision of the Terms is inconsistent with such mandatory rights, the mandatory rights shall apply.