Challengermode AB ("Challengermode," "we," "us," or "our"), a Swedish limited liability corporation with registration no. 556989-7498 and with registered address Malmskillnadsgatan 36, 111 57 Stockholm, Sweden, provides a digital competitive gaming platform that offers an online esports infrastructure to key stakeholders in the industry including players, organizers and game developers, available at https://www.challengermode.com (the "Platform").

As part of the Platform, Challengermode offers its registered users ("Users") or other third-party organizers ("Organizers") the option to organize membership communities known as "Spaces" on the Platform. A Space is an all-in-one esports arena and community for esports competitions and activities, where Users can connect with other Users. Users and Organizers organizing a Space on the Platform are in these terms (the "Space Policy") collectively referred to as "Space Owners".

The following Space Policy applies to you as a Space Owner (herein also referred to as "You" or "Your") when hosting a Space on the Platform. For clarity, the Space Policy applies in addition to the Terms of Use and sets out the specific terms and restrictions in regard to Space Owners.

1.

Right to access and use a Space

1.1

Subject to the terms and restrictions of this Space Policy, You are upon the completion of the registration process on the Platform as described herein granted a limited, revocable, non-exclusive and non-transferable right to – as a Space Owner – access and use the Platform, solely for the purposes of organizing one or more Spaces on the Platform. The use of the Platform is subject to the applicable fees and other payments set out in Section 7.

1.2

For the avoidance of doubt, You are not granted any other licenses in respect of the Platform or otherwise other than expressly set out herein.

2.

Who can create and take part in a Space?

2.1

All Users and Organizers can create one or more Spaces on the Platform. Users that become members of a Space and/or participate in any Space activity are instead herein referred to as "Members".

2.2

For clarity, Space Owners can, subject to the terms set out herein, be private individuals, corporations, or non-profit organizations.

3.

What is a Space and what can Members do in a space?

3.1

Spaces are all-in-one, self-organized and self-contained areas of the Platform. Spaces are defined by a name and a unique URL. Space Owners are able to offer Members within the given Space various "Services", including but not limited to competitions, social experiences, gaming activities, products, and other esports related services. Members can also interact directly with each other within the Space.

3.2

In addition to the Space Owner providing Services within a Space, Members may also create and/or provide various services for other Members ("Member Services"). The provision of such Member Services is however subject to the rules which the Space Owner has defined for the Space. If a Member organizes a Member Service within a Space, the Member will be considered the "Service Provider" for that particular Member Service or activity.

4.

Creating and hosting a Space

4.1

The specific purpose defined by a Space Owner for a Space, and the set of rules the Space Owner provides for the same must always adhere to Challengermode's general policies and Terms of Use, as well as applicable laws and regulations. If there is a conflict between the purpose and rules provided by the Space Owner and those of Challengermode, the latter will always take precedence between Challengermode and the Space Owner, as well as towards any Users, Organizers, Members, Service Providers or other entities using the Platform. Challengermode may, at its discretion, warn, reprimand or intervene to take control of a Space when it discovers rules or behavior that is in conflict with any of Challengermode's policies and/or terms and it believes it is in the best interest of the Space or the Platform as a whole to do so.

4.2

A Space Owner can assign one or more of its Members to be "Administrators" of the Space, granting them privileges to manage Services and moderate content within the Space on behalf of the Space Owner.

4.3

A Space Owner is responsible for making sure the stated rules for the Space are enforced. If a Space Owner or Space Administrator discovers that any of the Members are in breach of the Space's specific rules or any of Challengermode's terms or policies, the Space Owner can – if legitimate reasons are at hand – decide to terminate the Members access to the Space (which includes terminating access to any Services and Member Services within such Space). Also, any active Subscriptions for said Space may be terminated. Banned Members are not granted refunds unless the Space Owners deem it appropriate, at their own discretion.

4.4

A Member that is banned from a Space is not able to join the Space again. If Challengermode discovers that a Member has been banned from multiple Spaces because of misconduct or for breaching the applicable policies, rules and regulations, Challengermode may, but is not obligated to, ban the User's User Account from the Platform as a whole.

4.5

Space Owners are free to host a Space around any kind of subject matter, game, community, or theme they wish as long as it complies with this Space Policy, Challengermode's other terms and policies which may apply, and applicable laws and regulations. However, the following types of behavior, content or offers shall always be viewed as a breach of this Space Policy which may result in a ban from the Platform:

  • Services and Member Services that are meant to mislead or scam Members.
  • Spaces that are predominantly used for or filled with Spam.
  • Gambling, lotteries or sweepstakes.
  • Pornography or sexually explicit content.
  • Services and Member Services for personal or sexual relationships.
  • Content that endangers child safety.
  • Harassment or cyberbullying and defamation.
  • Other harmful or dangerous content.

5.

Monetization of Spaces

5.1

The Space Owner decides if the access to the Space shall be free of charge or if the Member is obligated to pay for the membership. Furthermore, within a Space, a Space Owner can decide to offer both free and paid Services to its Members. It is up to each Space Owner to decide the specific amount and what Services that shall be included in a paid membership.

5.2

The monetization alternatives available for a Space Owner are:

  • "Subscriptions": charge a monthly recurring subscription for membership in a Space. Space Owners can choose to provide additional perks and benefits to the Members that subscribe, but do not have to.
  • "One-Time Fees": charge a one-time fee for the membership and/or for Services provided in a Space. Space Owners can choose to provide additional perks and benefits for these members, but do not have to.
  • "Competition Entry Fees": competitions organized in a Space can be subject to an entry fee that Members must pay in order to participate.

6.

Monetization requirements

6.1

In order to enable monetization and start earning money in a Space the Space Owner needs to meet and accept the following requirements:

  • If You are a natural person, be at least eighteen (18) years of age.
  • Provide Your full residential address, including legal name and country.
  • Provide a verified phone number.
  • Provide a VAT number or corporate identification number if You are a representative of a business entity, along with the address if different from their personal address.
  • Provide valid payment details, such as Your PayPal account, or other alternative payment methods that are offered through the Platform at that time.
  • That Challengermode will, on your behalf, issue invoices to Challengermode on the Space Services (as defined below) you sell, so called self-billing.
6.2

Challengermode may revoke Space monetization privileges at any time should the Space Owner seize to meet the requirements listed above, or otherwise be in material breach of this Space Policy. Any accrued earnings at that point may be withdrawn by the Space Owner as long as such earnings have not been made unlawfully or in breach of this Space Policy.

7.

Fees and earnings

7.1

In consideration for providing the Platform under this Space Policy, Challengermode shall have a right to a thirty percent (30%) platform fee on all the revenues (VAT excluded) of paid Subscriptions, One-Time Fees, or Competition Entry Fees deriving from Your Space. This platform fee will be deducted automatically upon purchase of Members in the Space.

7.2

A Space Owner's earnings from its Space are visible under the settings page of a Space. Space Owners can get a monthly invoice summary of all transactions done during the past month, or otherwise upon request (which shall not be excessive or unreasonable), for their own income, taxation, and other reporting purposes.

7.3

It is the sole responsibility of the Space Owner to declare any VAT, VAT equivalent, or income taxes as required by their respective national, provincial, state, and local laws and regulations.

8.

Taxes and VAT

8.1

All prices on the Platform are displayed including VAT. VAT will be deducted from the price of the Subscriptions, One-time fees, Entry to competitions, Services, Member Services or other services ("Space Services").

8.2

Space Services are considered electronic services by EU VAT rules.

8.3

Hence, Challengermode is obliged to account for output VAT on the sale of Space Services to end users. The applicable VAT rate is based on where the end user is located.

8.4

Space Services are from a VAT perspective sold via Challengermode to the end user, i.e. once a transaction occurs Challengermode buys the applicable service from the Space Owner or Member and immediately sells it to the end user.

8.5

It is the sole responsibility of the Space Owner and Member to declare any VAT, VAT equivalent, or income taxes as required by their respective national, provincial, state, and local laws and regulations.

8.6

Challengermode is registered for VAT Mini One Stop Shop ("MOSS") in Sweden for the European Union countries and continuously reviews the need for VAT registration in further countries and states.

8.7

Challengermode AB's VAT number is SE556989749801.

9.

Space Membership

9.1

A User can either join a Space and become a Member or join a competition organized by a Space from anywhere on the Platform and automatically become a Member of the organizing Space.

9.2

Members of a Space can interact with each other in various ways and depending on how the Space Owner has configured the Space, Members within a Space can create and participate in various Services for and with each other. For clarity, Challengermode's Terms of Use and other applicable policies apply to the Members use of the Platform, including their use of a Space.

9.3

A Member can leave a Space at any time. Leaving a Space is done through the interface of the Space. Paying Members, e.g. Members which have a Subscription to a Space, can also view and change all their ongoing Subscriptions from their own account settings.

10.

Space Subscription Benefits

10.1

Space Owners may, at their own expense, offer paying Members access to specific benefits that are only available for such paying Members, giving them some tangible or intangible advantage, bonus or value ("Benefits").

10.2

Space Owners that offer Benefits to their Members are obligated to provide such Benefits to its eligible Members in a timely and reliable manner. Benefits are determined by the Space Owner and Challengermode does not have any means of enforcing that such Benefits are delivered to Members as stated.

10.3

Benefits may include, but are not limited to, special tournaments, competitions, live-streams, prizes, AMAs (Ask-me-anything), certain content like pictures or videos, special badges, emojis, skins, or other digital items.

10.4

The relationship is between Space Owners and Challengermode. Challengermode is not the host or provider of the Services or Member Services, activities, or competitions available in any of the Spaces on the Platform unless explicitly stated otherwise. Challengermode is rather an intermediary for the Service Provider. As such, Members that benefit from any Services or Member Services or participate in other activities in a Space are entering into arrangements created or organized by these Space Owners or Service Providers.

10.5

When Members pay for Services or Member Services, they are transacting with the individuals or businesses that offer these services (unless stated otherwise), not with Challengermode.

11.

Malfunctions, Fraud, Unauthorized Access and suspension or termination of Spaces

11.1

The Platform is cloud based and provided via the Internet, and actual availability is hence dependent on factors partly outside of Challengermode's control. You agree, without limitation, that Challengermode is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from the competitions, matches or other services provided via the Platform, or any incorrect or inaccurate results that may be posted on or in relation to such competition, match or other service. You also agree that Challengermode is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Platform or Space.

11.2

You may not:

i. use, copy or otherwise transfer the Platform, or parts thereof, except as expressly permitted by this Space Policy. The Space Owner may under no circumstances itself, or by giving permission to any third party, alter, develop or make additions to the Platform;

ii. sub-license, rent, lend or otherwise permit any third party to, directly or indirectly, with or without remuneration, dispose of or otherwise use the Platform, unless explicitly set out herein;

iii. decompile, disassemble or reverse engineer the Platform or by any other means attempt to recreate the source code of the Platform or make copies for archival or disaster recovery purposes, other than as expressly permitted by mandatory law;

iv. remove or alter proprietary rights notices on the Platform, or the media by which it is made available, regarding patents, copyright, trademarks or other intellectual property;

v. access or use the Platform in a way intended to avoid incurring any applicable fees or exceeding any usage limits;

vi. access or use the Platform for any purpose other than as set out in this Space Policy; or

vii. access or use the Platform for fraudulent or illegal activities or activities that violate Challengermode's policies or are otherwise harmful to us or any third parties.

11.3

Challengermode, in its sole discretion, reserves the right to suspend or terminate any Space and Space Owner which is guilty of breaching any of the provisions set out in Section 11.2 above, or who otherwise violates this Space Policy.

12.

Obligations for Space Owners and Organizers

12.1

Insofar a Space has a defined purpose or set of activities, Benefits or Services offered to its Members, the Space Owner is obligated to uphold those promises and to provide the activities and Services in a reliable and timely manner. Challengermode will not actively enforce a failure to do so but may - at our discretion - revoke the Space Owner's control of a Space that is not upholding the rules and stipulations set out by either the Space or by us at Challengermode in general.

12.2

A Space Owner is required to provide ongoing support and administration of competitions for its Members. Challengermode does not administrate, operate, or support competitions organized in Spaces unless stated otherwise.

12.3

If a Space Owner gravely mismanages or abandons a Space that is reasonably viewed to be of high importance for the community of the Platform, Challengermode may seize control of a Space for the benefit of said community and the Platform as a whole.

13.

Space content

13.1

The Space Owner grants Challengermode and its affiliates, partners and distributors, a non-exclusive, worldwide, royalty-free, perpetual, fully sub-licensable license, to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate and create derivative works of the content in the Space (the "Space Content"), whether submitted by the Space Owner or the Member, in any form, media, or technology, for the purpose of providing, developing and marketing the Platform. You hereby waive, and warrant that each Member waive, to the fullest extent possible under applicable law, any moral rights You or the Member may have to the Space Content.

13.2

You represent and warrant that You have all rights necessary to grant Challengermode and its affiliates the license in Section 13.1 above and that the Space Content is not defamatory nor violate any rights of third parties, including but not limited to, any intellectual property rights or applicable laws.

14.

Intellectual Property Rights

14.1

Ownership and all intellectual property rights in and to (i) the Platform, including but not limited to thereto related patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, and (ii) any content included in the Platform and other services (save for Space Content) including but not limited to all Platform design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that forms part of the Platform and other services (the "Content") is owned by and vested in us, or our licensors as applicable, and nothing in this Space Policy shall be interpreted as a transfer of any such rights from us to You. You are solely entitled to the limited license to the Platform and other services specifically granted under this Space Policy.

14.2

You agree to not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit the Content. Challengermode neither warrants nor represents that Your use of the Content will not infringe rights of third parties.

15.

Privacy Policy

15.1

Challengermode's Privacy Policy describes the practices concerning personal data that You provide or that Challengermode may collect about You through the Platform.

15.2

The Privacy Policy can be found here: Privacy Policy.

16.

Complaints

16.1

Any complaints on the Platform, the Services or Member Services shall be directed to Challengermode by (i) on-Platform chat support, or (ii) e-mail at support@challengermode.com.

16.2

In order for Challengermode to deal with Your complaint quickly, the complaint must contain clear information about Your identity as well as all relevant details giving rise to the complaint. Challengermode will use its best efforts to promptly resolve a reported matter.

17.

Anti Money Laundering Reporting

17.1

Challengermode needs to comply with the Money Laundering and Terrorist Financing Prevention Act (Sw. Lag (2009:62) om åtgärder mot penningtvätt och finansiering av terrorism) and any other associated regulations. Challengermode shall check all transactions and report any suspicious transaction to the relevant competent authorities in Sweden.

17.2

If You become aware of any suspicious activity relating to the Platform, You must report this to Challengermode immediately.

17.3

Challengermode may suspend, block or close any Space and withhold funds, in accordance with the abovementioned act.

18.

Local Laws

18.1

You are subject to all laws of the province, state, and/or country in which You reside and from which You access the Platform and is solely responsible for obeying the laws of such jurisdiction. You agree that Challengermode and its affiliates cannot be held liable if applicable law restricts or prohibits Your participation or use of the Platform. Challengermode and its affiliates make no representations or warranties, implicit or explicit, as to Your legal right to use the Platform, other services or participate in any Match or Competition offered through the Platform nor shall any person affiliated, or claiming affiliation, with Challengermode and its affiliates have authority to make any such representations or warranties. Challengermode and its affiliates reserve the right to monitor the location from which You access the Platform and to block access from any jurisdiction in which participation is illegal or restricted.

19.

No Waiver

19.1

The failure of Challengermode to enforce at any time any of the provisions of this Space Policy, or the failure to require at any time performance by You of any of the provisions of this Space Policy, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of Challengermode to enforce each and every such provision thereafter. The express waiver by Challengermode of any provision, condition or requirement of this Space Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

20.

Disclaimer of Warranties and Force Majeure

20.1

Any Services or Member Services provided on the Platform are the sole and exclusive responsibility of the applicable Service Providers. Challengermode makes no representation or warranties in relation to the use, outcome or results of any Services or Member Services.

20.2

While Challengermode uses reasonable efforts to include accurate and up-to-date information, Challengermode specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the Platform. Challengermode disclaims any responsibility or liability for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Challengermode disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Platform.

20.3

Without limiting the foregoing, under no circumstances shall Challengermode be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, pandemics, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third-parties.

20.4

Your use of the Platform is at Your sole risk. The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. Challengermode expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Challengermode makes no warranty that:

i. the Platform will meet Your requirements,

ii. the Platform will be uninterrupted, timely, secure, or error-free,

iii. the results that may be obtained from the use of the Platform will be accurate or reliable,

iv. the quality of any products, other services or information purchased or obtained by You through the Platform will meet Your expectations,

v. Your messages, data or information, in whatever form or medium, will not be lost, and

vi. any errors will be corrected. Any material downloaded or otherwise obtained through the Platform is done at Your own discretion and risk, and You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by You from Challengermode, or through or from the Platform will create any warranty not expressly stated in this Space Policy.

20.5

You understand and agree that downloaded or otherwise obtained material or data through the use of the Platform is at Your own discretion and risk and You will be solely responsible for any damages to Your computer system or loss of data that results from the download of such material or data. Challengermode and its affiliates are not responsible or liable for any content posted on the Platform nor actions of any third party or for any damage to, or virus that may infect a computer equipment or other property.

21.

Limitation of Liability

21.1

Challengermode's total liability to You under these Terms for any damages or losses incurred by You shall, to the furthest extent permitted by applicable law, be limited to EUR one thousand (1000).

22.

Indemnification

22.1

To such an extent as permitted by applicable law, You agree to indemnify, defend, and hold harmless Challengermode, its subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all their successors and assigns in respect of all claims, costs (including reasonable legal fees and costs), damages, liabilities and expenses or obligations of any kind, arising out of or in connection with Your misuse of the Platform or any other violations by You of this Space Policy. Challengermode retains the right to assume the exclusive defense and control of any claim supporting indemnification, and in such cases, You agree to cooperate with Challengermode to defend any such claim. You will not settle any claim covered by this Section and the disclaimer of warranties without Challengermode's prior written approval.

23.

Changes

23.1

We reserve the right to change or amend this Space Policy with future effect, in particular when required by mandatory laws and regulations. We will announce material changes at least thirty (30) days in advance by notification on the Platform.

24.

Severability, Assignment and headings

24.1

If any portion of the Space Policy is deemed void or unenforceable, then that provision shall be deemed severable from the Space Policy and shall not affect the validity and enforceability of the remaining provisions.

24.2

You may not wholly or partly assign or pledge Your rights and obligations under this Space Policy to any third party except with the prior written consent of Challengermode.

24.3

Section headings are inserted for convenience of reference only and shall have no effect in interpreting this Space Policy.

25.

Notices

25.1

Unless otherwise agreed between the parties, any notice, request, consent and other communication to be given by a party under this Space Policy (henceforth "Notice") shall be in the English or Swedish language and deemed to be valid and effective if served on the other party by email to the address set out below:

If to Challengermode: support@challengermode.com

If to Space Owner: The e-mail set out in the Space Owner's User Account

25.2

Any Notice or other communication shall be deemed to have been served one (1) day after dispatch, provided that the dispatching party does not receive an automatically generated message stating that the email could not be delivered to the receiving party.

25.3

If a Notice is given or is deemed to have been given at a time or on a date which is not a business day, it shall be deemed to have been given on the next business day, with business day in this context meaning any such day as the commercial banks are open for business in Sweden.

26.

Governing Law and Disputes

26.1

This Space Policy will be governed by and construed in accordance with the national laws and provisions of the country of Sweden, save for its conflict of law provisions. Any dispute or claim arising out of or in connection with this Space Policy, or the breach, termination or invalidity thereof, shall be finally settled by Swedish courts, with the Stockholm District Court as the first instance, unless otherwise provided by mandatory law.

26.2

Challengermode makes no representation that the Platform is operated in accordance with the laws or regulations of, or governed by, other nations.