PONCLE – VAMPIRE SURVIVORS

END USER LICENCE AGREEMENT

Last updated: January 2025

We are Poncle Ltd, a company incorporated and registered in England and Wales with registered address at 71 Queen Victoria Street, London, EC4V 4BE, and company number 13843258 (“Poncle”, “we” or “us”). We created the game Vampire Survivors.  

This end user licence agreement (“EULA”) applies to and governs all use of the games for which we make this EULA available, including Vampire Survivors on platforms including without limitation iOS and Android, including any additional features or digital content available to purchase which form part of such games (the “Virtual Items” and together with the aforementioned games, the “Games”). This EULA also governs use of our Website https://poncle.games/ where this EULA is made available on such site (the “Website” and together with the Game, the “Services”).

Please read the following carefully before using, downloading, purchasing or installing the Games or using the Website. By doing any of the foregoing, you are agreeing to be bound by, and become a party to, this EULA, which can be found on our Website. If you do not agree with the terms of this EULA, you may not use the Services.  

We may update the terms of this EULA from time to time for any reason by posting the updated version to our Website, but changes to the EULA take effect only where they are permitted by law and made available to you for your agreement. Every time you use the Services, you are deemed to have accepted the latest version of this EULA in place at that time. Please check our Website for any updates to the EULA each time you use the Services.

If you have any queries concerning this EULA, you may contact us at privacy@poncle.co.uk.

  1. LIMITED USE LICENSE
  1. Poncle hereby grants a limited, non-exclusive right and license to you for you to download, install (if applicable) and use the Games (for premium / paid-for games, being only for the platform you purchased the Games for) for your personal, non-commercial use only on compatible devices that are owned by you, subject to the terms of this EULA. The foregoing license includes Virtual Items, where applicable (and only where purchased). Further, Poncle grants you a limited, non-exclusive right and license to use the Website for your personal, non-commercial use. This EULA and your use of the Services does not give you any rights of ownership in any property whether tangible or intangible (including without limitation in any Virtual Item). Where a Service allows you to do so, this licence includes the right to communicate with other users solely via the means provided.
  2. The Services are comprised of copyright works of Poncle and/or its licensors. The Services are licensed, not sold. The licence granted to you by Clause 1.1 confers no title or ownership in the Services. The Services are solely for personal, non-commercial use by end users according to the terms of this EULA. Any use, reproduction or redistribution of the Services not in accordance with the terms of this EULA is expressly prohibited.
  1. REGISTRATION AND USER ACCOUNT MANAGEMENT
  1. You may choose to register an account with us in order to better transfer Game save progress across platforms. Upon registering your Poncle account (the “Poncle User Account”), you may link the account with accounts held on other gaming platforms (“External Platform Account”), and must provide certain information (including the name, ID or email address used to log in to your External Platform Account), which must be a true representation of your credentials. If Poncle determines (or reasonably believes) that you are registering with incorrect information, it reserves the right to suspend or close your Poncle User Account.
  2. By registering your Poncle User Account, you agree:
  1. to provide accurate, current and complete information about you when prompted by Poncle, and keep this information (and any other information provided to Poncle) updated;
  2. to maintain the security of any usernames or passwords used to access the Services;
  3. that you are solely responsible for all obligations and assuming compliance with this EULA, and entitled to all benefits accruing thereto. You may not allow any other person to access your Poncle User Account, access the Services, accept any winnings, or participate in any competition using your Poncle User Account information. Your User Account is not transferable to any other person;
  4. that you are responsible for all use of your Poncle User Account and for any actions that take place using your Poncle User Account, and all activities undertaken using your Poncle User Account will be deemed to have been undertaken by you; and
  5. that Poncle may display your username, gameplay data and statistics, and any other information regarding your activity on the Services.
  1. END USER OBLIGATIONS.
  1. You must not do any of the following with the Services except to the extent expressly permitted by this EULA:
  1. sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-license, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Services or any part or interest in it to other parties in any way (except where a Service expressly permits you to do so through sharing content in that Service / on gaming platforms);
  2. engage in any act that Poncle deems to be in conflict with the spirit or intent of the Services including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Services;
  3. attempt to gain unauthorised access to the Services or to the computers, devices, servers, or networks connected to them by any means other than the user interfaces provided by Poncle; or
  4. use the Services for any illegal or immoral purposes.  
  1. OWNERSHIP.
  1. All right, title, interest and ownership rights and any and all copyrights, design rights, database rights, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications or extensions therefor and all other intellectual property rights of any similar or equivalent type in any territory of the world (“Intellectual Property Rights”), in or connected with the Services and each part thereof (including by way of example only any titles, code, themes, objects, concepts, artworks, animations, audio-visual effects and methods of operation) and any copies, translations, modifications, adaptations and any other derivative based on the Services are owned by, belong to and vest in Poncle and/or its licensors.
  2. The Services may contain certain licensed materials licensed by third parties to Poncle. All trade marks and other rights are the property of their respective owners.
  3. The Services may include intellectual property, or references, relating to third parties such as (without limitation) real-world events, people, organisations, places, stadia, venues, companies and competitions or other real-world references. Except where we may have licensed rights from the relevant party, we do not represent that we have a connection with or any arrangement with such rights owners. We may in some instances make limited use of unlicensed third party intellectual property for the limited purposes of providing information about and/or to identify real-world facts in an honest and fair way and as permitted by applicable law.
  1. TERMINATION
  1. This EULA and the licences granted by it are effective until terminated.
  2. We may temporarily discontinue the Services, or any aspect of the Services, at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.
  3. You may terminate this EULA at any time and for any reason by deleting and removing the Services from your device.  
  4. Poncle may terminate this EULA if you fail to abide by any of the terms and conditions of this EULA at any time and for any reason or we reasonably suspect that you have failed to abide by any of the terms and conditions of this EULA. Poncle may take any action it deems reasonable in its sole discretion against users who do not comply with the terms of this EULA, which may include banning users from any Service. Poncle reserves the right to determine what conduct it considers to be in violation of, or otherwise outside the intent or spirit of, this EULA and/or Services. However, if what you have done can be put right we will give you a reasonable opportunity to do so.
  5. Without prejudice to the other provisions in this EULA, we may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you and the following would apply:
  1. if your use of the relevant Service was provided to you free of charge, you will not be entitled to any compensation or any refund; and
  2. if you paid for a Service therein, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for (by way of example only, where you have had access to enjoy the in-game, paid-for Virtual Items for over six (6) months). Where you have not had a reasonable period of opportunity to enjoy the paid-for Services, we may offer you a partial or full refund.
  1. Following termination of this EULA in the case of a Game for any cause, you will no longer be permitted to use the Game (nor use the Virtual Items in connection therewith) and you will be required to delete the Game from your device. Please be aware that, where applicable, any rankings, scores, saved games, message history, progression history or other information or data relating to your Poncle User Account (where applicable for each Game) may thereafter be deleted and/or become inaccessible.
  1. WARRANTY AND LIMITATION OF LIABILITY.
  1. PONCLE WARRANTS THAT IT HAS USED AND WILL USE REASONABLE EFFORTS TO ENSURE THAT:
  1. IT IS ENTITLED TO GRANT THE RIGHTS AND LICENCES GRANTED HEREUNDER; AND
  2. THE GAMES (INCLUDING WITHOUT LIMITATION ANY VIRTUAL ITEMS THEREIN) WILL BE OF SATISFACTORY QUALITY.
  1. EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
  1. THE GAMES (INCLUDING WITHOUT LIMITATION VIRTUAL ITEMS THEREIN), AND WEBSITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR GUARANTEE OF ANY KIND (EXPRESS OR IMPLIED) OTHER THAN THOSE SET OUT IN THIS EULA;
  2. PONCLE ONLY ACCEPTS LIABILITY FOR DIRECT LOSS AS A RESULT OF ITS BREACH OF ITS WARRANTIES IN CLAUSE 6.1 ABOVE UNLESS OTHERWISE SET OUT IN THIS EULA;
  3. SUBJECT TO CLAUSE 6.3, PONCLE AND ITS LICENSORS’ MAXIMUM LIABILITY WILL BE LIMITED TO £20;
  4. PONCLE AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE WEBSITE OR GAMES AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL, IN WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE); AND
  5. PONCLE DOES NOT GUARANTEE THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN OR WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT INFORMATION (INCLUDING GAME SAVE DATA) ASSOCIATED WITH YOUR ACCOUNT WILL BE ACCESSIBLE AT ALL TIMES.
  1. THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER (OR UNDER DATA PROTECTION LEGISLATION) THAT MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR DEATH OR PERSONAL INJURY CAUSED BY PONCLE’S NEGLIGENCE.
  1. AGE RESTRICTIONS

Poncle does not target the Services to users under 13 years of age. To use the Services you must be both: (a) of an age which meets the minimum age certification requirement of the Games in the territory you are in (where applicable); and (b) in any event, you must be over the age of 13 years. By using the Services you therefore confirm that you are over 13 years of age and, where you are under 18, you confirm that you have your parent’s or guardian’s consent to use the Services and that your parent or guardian has read and agreed to these terms.

  1. USER RULES
  1. You further agree that you will not in any way conduct yourself in a manner which is illegal or which gives rise to civil or criminal liability or which might call into disrepute Poncle or the Services.
  2. You will cooperate fully with Poncle to investigate any suspected illegal, fraudulent or improper activity.
  3. If you feel that the behaviour of another user breaches this EULA then please let Poncle know by sending an email to support@poncle.co.uk with details of the potential breach and/or the user responsible. Poncle will take reasonable steps to deal with any breach.
  1. VIRTUAL ITEMS
  1. As part of and to enhance your use and enjoyment of the Games you may be able to obtain Virtual Items that form part of the experience of the Games.
  2. Virtual Items are gameplay features of the Games, they have no cash or real world value, they are not redeemable or exchangeable for anything with a real world value and they can be used as part of the Games only, in accordance with this EULA.
  3. Purchases of Virtual Items are subject to this EULA and the terms of any third party app store through which your purchase is made. Purchases are made via permitted third party stores, such as Apple or Google, and not via Poncle. To the extent that this EULA conflicts with such agreement between you and the relevant third party in respect of any purchase of Virtual Items, the terms of your agreement with the third party app store shall prevail.
  4. To cancel a purchase of any Virtual Items you should contact the platform through which you made that purchase. If you cannot use Virtual Items due to an error or fault, you may still be charged. If this happens, please contact Poncle and we will endeavour to rectify the issue and if we are unable to do so you may be entitled to a refund via the platform through which you made that purchase.
  5. Virtual Items that may be purchased (e.g. through permitted stores such as Google or Apple) may be advertised in the Games.
  6. Without limiting Games and Virtual Item purchases from Poncle’s permitted stores, it is a condition and fundamental term of this EULA and your use of the Games that you must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with any Virtual Item outside of the Games (such as on unauthorised item trading sites) or in any way other than as expressly provided above. Virtual Items may only be exchanged for certain other designated Virtual Items in and as part of the Games only and where that functionality is made available by Poncle.  
  7. Subject to Clause 6, Poncle may manage, vary, regulate, control, modify or eliminate Virtual Items in its sole discretion, with or without notice (including not supplying Virtual Items if it is reasonable to do so). Subject to Clause 6, Poncle shall have no liability to you or any third party in the event that Poncle exercises such rights. Your statutory rights which cannot be limited or excluded are unaffected by this Clause 9.7.
  8. When you submit, or anyone using your device submits, a request to purchase Virtual Items you are offering to purchase them for the price stated and our acceptance (or that of the app store through which you are purchasing those Virtual Items) of that offer shall only occur once we make the Virtual Items available to you, prior to which your order may be declined for any reason.
  9. Please notify Poncle immediately if you dispute a transaction involving Virtual Items or believe that any transaction is unauthorised.
  1. CONSUMER RIGHTS AND ALTERNATIVE DISPUTE RESOLUTION

This EULA shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law.

  1. APPLE DEVELOPER TERMS AND THIRD PARTY STORES
  1. You acknowledge that you have agreed to the relevant store's terms of use and service (e.g. the terms of Apple or Google) relating to your transaction with such store.
  2. The following terms of this Clause are the terms which Poncle is required by Apple to notify you of and obtain your agreement in respect of using the iOS and Apple versions of the Games (for example, on devices: Apple iPad, iPhone).
  3. You and Poncle acknowledge that this EULA is concluded between you and Poncle only, and not with Apple Inc., nor any subsidiary or affiliate company of Apple Inc., (“Apple”). You also acknowledge that Poncle is solely responsible for the Games and the content thereof.
  4. Subject to your compliance with all conditions of this EULA, (provided you have paid for the Games on iOS, if it is provided on a premium / paid-for basis) Poncle grants you a non-exclusive, personal, revocable, non-transferable license to use the Games on an iOS Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service (https://www.apple.com/uk/legal/sales-support).
  5. Poncle is solely responsible for providing support and maintenance for the Games. You and Poncle acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Games.
  6. You acknowledge that Poncle, and not Apple, is responsible for addressing any claims you may have relating to the Games or your possession and/or use of the Games, including but not limited to:  
  1. product liability claims;
  2. any claim that the Games fail to conform to any applicable legal or regulatory requirement; and
  3. claims arising under consumer protection or similar legislation.
  1. You acknowledge that in the event of a third party claim that the Games or your possession and use of the Games infringe that third party’s intellectual property rights, then Poncle shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
  2. You represent and warrant that:
  1. you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” region; and
  2. you are not listed on any US Government list of prohibited or restricted parties.
  1. You agree to comply with any applicable third party terms of agreement when using the Games, including the terms of any ISP or wireless data service agreement applicable to your internet connection.
  2. You and Poncle acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this EULA, and that when you accept the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
  1. ADVERTS
  1. We are responsible for the placing of advertisements in our Services (to the extent we undertake this activity, and as may vary between our Services), but we do not control or review the specific content of those advertisements. We do, however, have control over the general types of advertisements that are placed at a high-level to take all reasonable efforts so that the services do not contain any inappropriate advertisements.
  2. Please report any advert that you find offensive or inappropriate to support@poncle.co.uk.
  3. If you click on any advertisement please be aware that you will be dealing with external companies responsible for that advert and you may be redirected to their services or Website. Poncle does not control the actions of these companies or the content of their Website or services.
  1. INDEMNITY AND REMEDIES
  1. You hereby indemnify (agree to compensate), defend and hold harmless Poncle and Poncle’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the "Indemnified Parties") from and against any and all any liabilities, claims, costs and expenses (including without limitation legal expenses and lawyers’ fees) incurred by the Indemnified Parties arising out of any of the following: (A) any breach by you of this EULA or claims arising directly or indirectly from your use or misuse of the Services; (B) and any negligent or improper use of your device, password and username; and (C) any Service use by you otherwise than in accordance with the terms of this EULA and any community guidelines we may make available from time to time. You shall fully cooperate with Poncle in the defence of any such claim and Poncle reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
  2. You further agree that the subject matter of this EULA is of a unique character with special value and that Poncle would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that Poncle shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this EULA, in addition to such other remedies as Poncle may otherwise have available to it under applicable laws.
  3. Poncle's licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
  1. COOLING-OFF RIGHT

Where you purchase Virtual Items from a digital store (e.g. Apple or Google) and you require a refund, that third party store may allow you to get a refund in some circumstances. You should contact the third party through which you made a purchase, where applicable, in the event that you desire a refund.

  1. DEVICE AND INTERNET REQUIREMENTS

You are responsible for ensuring that you have an internet connection and that the device you use has sufficient system capabilities and memory in order to, as each are applicable, download, install, play and store the Games (and where applicable, Virtual Items). Further information about system requirements for each Games is available on the Games's relevant store / vendor page.

  1. DATA PROTECTION

Please be aware that any personal data you supply to us when using the Services will be used by us in accordance with our Privacy Policy. Please read our Privacy Policy carefully here: https://poncle.games/privacypolicy.html.

  1. CHANGES TO THIS EULA

We may update the terms of this EULA from time to time for any reason by posting the updated version to our Website (and/or in-Game, if we provide you with this EULA there) but changes to the EULA take effect only where they are permitted by law and made available to you for your agreement. Every time you launch the Games on your device, install or otherwise use the Games, Website or Virtual Items you are deemed to have accepted the latest version of this EULA in place at that time. Please check on our Website (and/or in-Game, if we provide you with this EULA there) for any updates to the EULA each time you launch the Services on your device.

  1. GENERAL
  1. This EULA constitutes the entire agreement between Poncle and you in respect of its subject matter.
  2. If this EULA is translated into a language other than English, in the event that there are any linguistic discrepancies between the English language version of this EULA and any non-English language translations of this EULA, the English language version of this EULA will prevail.
  3. Even if we delay in enforcing this EULA and/or our rights, we can still enforce this EULA and/or our rights later. If we do not insist immediately that you do anything you are required to do under this EULA, or if we delay in taking steps against you in respect of your breaking of any term of this EULA, 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.
  4. We may transfer our rights and obligations under this EULA to another organisation (such as, without limitation, in the event of a business restructure or acquisition). We will let you know if that happens and we will ensure that your rights under this EULA are unaffected. You may not transfer your rights or obligations under this EULA unless we expressly agree to the transfer in writing.
  5. Except where expressly stated to the contrary in this EULA, this EULA does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this EULA.
  6. In the event that any provision of this EULA (including, without limitation, any restriction) shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be interpreted in such a way as to ensure it is enforced to the maximum extent permissible in a manner reflecting the parties' intentions and the remaining portions of this EULA shall, in any event, remain in full force and effect.
  7. This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim. In addition you may have the legal right to bring proceedings in your local jurisdiction and, if this is the case, then you may bring proceedings there. For instance if you live in Scotland you can bring legal proceedings in respect of the relevant Game in either the Scottish or the English courts.