Vicariously Thru You (VTY) — Terms of Service

Effective date: August 10, 2025
Company: VTM ES (to be incorporated)
Contact: contact@vtm.lat

These Terms of Service (the “Terms”) form a legally binding agreement between you and VTM ES (to be incorporated) governing your access to and use of the VTY web app, website(s), games, marketplaces, chats, and related services (collectively, the “Service”). By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1) Who may use the Service

You must be at least 13 years old (or older where your local law requires; e.g., 16 in certain EU countries). If you are under the age of majority, you represent you have parent/guardian consent.
You must create an account with accurate information and keep it updated.
We may refuse, suspend, or terminate access where we believe these Terms or laws are violated.

2) Accounts & security

You are responsible for all activity on your account. Keep your credentials confidential.
Notify us immediately if you suspect unauthorized access. We may require additional verification for security or fraud prevention.
We may reclaim inactive usernames and delete dormant accounts after [X months] of inactivity following notice.

3) License and ownership

Your license. Subject to these Terms, we grant you a personal, revocable, non‑exclusive, non‑transferable, limited license to access and use the Service for entertainment purposes only.
Our content. The Service (including items, images, names, lore, code, and design) is owned by VTM ES (to be incorporated) and its licensors and is protected by IP laws. All rights not expressly granted are reserved.
User content. You may post text, images, or other materials in chats or profiles (collectively, “User Content”). You grant VTM ES (to be incorporated) a worldwide, royalty‑free license to host, store, reproduce, display, and otherwise use your User Content to operate and improve the Service. You represent you have the rights to post it and that it does not infringe others’ rights.
AI‑generated content. Certain content may be algorithmically generated or translated. It may contain errors or artifacts. You agree the Service may create, modify, or remove such content for quality, safety, or legal reasons.

4) Virtual currency and items (Aura & Collectibles)

No cash value. The Service features virtual currency (“Aura”) and virtual items (“Items”) with no monetary value outside the Service. Aura and Items are not real money, not bank accounts, and cannot be redeemed for legal tender or any monetary equivalent.
Limited license. When you obtain Aura or Items, you receive a limited right to use them within the Service, subject to these Terms. You do not own them as property. VTM ES (to be incorporated) may manage, regulate, control, modify, or eliminate them, and has no liability to you for exercising these rights.
Acquisition and transfers. You may acquire Aura or Items via gameplay, drops, purchase, or the in‑app marketplace. Off‑platform real‑money trading (RMT) is prohibited. Transfers are permitted only via features we enable (e.g., marketplace) and may be subject to fees.
Balance corrections and anti‑abuse. We may adjust balances to correct errors, reverse fraud, or resolve disputes (e.g., duplicated rewards, exploits, or chargebacks). We may freeze or confiscate Aura/Items obtained in violation of these Terms.
Expiration. Aura and Items [do / do not] expire while your account remains active. We may remove unspent balances after prolonged inactivity and reasonable notice, where permitted by law.

5) Marketplace and pricing

Listings and purchases. You may list and purchase Items within the Service. We may charge a marketplace fee of [X%] or other transaction fees disclosed at checkout.
Auctions. Some Items may be sold via sealed‑bid or timed auctions. Bids are commitments. We may require deposits or verification to participate.
Display errors. We reserve the right to cancel or reverse transactions impacted by obvious pricing or technical errors.

6) Payments, subscriptions, and refunds

Payments. When you buy Aura, Items, or subscriptions, you authorize [Payment Processor] to charge your selected payment method for the displayed price and applicable taxes. Prices may vary by region and currency.
Subscriptions. If offered, subscriptions automatically renew at the then‑current rate until cancelled. You can cancel at any time effective at the end of the current billing period via your account settings [or via: app store / payment portal].
All sales final. Except where required by law, purchases of digital content are non‑refundable once available to you. For EU/UK consumers: by purchasing, you request immediate delivery of digital content and acknowledge you lose your 14‑day right of withdrawal once delivery begins.
Chargebacks. If you initiate a chargeback, we may suspend your account and remove associated Aura/Items. We may send the matter to collections and/or law enforcement for suspected fraud.
Taxes. You are responsible for any taxes arising from your use of the Service. We may collect and remit taxes where required.

7) Fair play, anti‑cheat, and prohibited conduct

You agree not to:

Use exploits, bots, macros, unauthorized automation, or tamper with game clients, seeds, cooldowns, or outcomes.
Trade or advertise Aura/Items for real‑world value or outside the Service.
Harass, threaten, defame, spam, or post illegal, hateful, or pornographic content.
Impersonate others, infringe IP rights, or dox/collect personal data without consent.
Interfere with security features or reverse engineer the Service except as allowed by law.

Enforcement. We may warn, mute, restrict features, roll back transactions, suspend, or terminate accounts. Severe or repeat violations may result in permanent bans.

8) Chat, groups, and moderation

Direct messages and private groups are offered for convenience and community. Group owners may set rules.
We may moderate content using automated and human review. We may remove messages, block users, and report unlawful content to authorities.
Do not share personal, sensitive, or financial information in chats. You use chat features at your own risk.

9) Service changes and economy balancing

The Service evolves. We may add, remove, or modify features, Items, rewards, drop schedules, and economy parameters to maintain fairness and balance.
We may suspend or discontinue all or part of the Service (e.g., for maintenance, security, or legal reasons). Where feasible, we will provide advance notice.

10) Early access and disclaimers

The Service may operate as beta/early access. You understand features may change, and there may be bugs, interruptions, or data resets.
The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement.

11) Limitation of liability

To the maximum extent permitted by law: (a) VTM ES (to be incorporated) will not be liable for any indirect, incidental, special, consequential, or punitive damages; and (b) our total liability for any claim arising out of or relating to the Service will not exceed the greater of USD $100 or the amount you paid to us in the 6 months preceding the claim. Some jurisdictions do not allow certain limitations; those limits apply only to the extent permitted.

12) Indemnity

You agree to indemnify and hold harmless VTM ES (to be incorporated), its affiliates, and personnel from claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Service, your User Content, or your violation of these Terms or applicable laws.

13) Third‑party services

The Service may link to or integrate third‑party content and services (e.g., payment providers, hosting, analytics, or optional ads). Their terms and privacy policies govern your use of those services. We are not responsible for third‑party services.

14) Privacy

Your privacy is important to us. Please review our [Privacy Policy] to understand how we process personal data, including push‑notification preferences, localization, telemetry, and moderation logs. Where required, we seek consent for certain processing.

15) Intellectual property complaints

If you believe content infringes your rights, contact us at contact@vtm.lat with details (work claimed, location of allegedly infringing material, your contact info, and a good‑faith statement). Where applicable, we follow DMCA‑style procedures and may terminate repeat infringers.

16) Suspension, termination, and data retention

We may suspend or terminate your access for any breach or risk to the Service. You may delete your account via settings or by contacting support. We may retain minimal records for fraud prevention, legal compliance, and audit purposes as permitted by law.

17) Dispute resolution and governing law

Informal resolution. Contact support first; most issues resolve quickly.
Arbitration & waiver. Except where prohibited by law or where you act as a consumer in the EEA/UK, disputes arising out of or relating to the Service or these Terms will be resolved by binding arbitration on an individual basis administered by the Arbitration Court of the Estonian Chamber of Commerce and Industry under its rules. Seat/venue: Tallinn, Estonia. Language: English. Class actions are waived.
Forum & law. These Terms are governed by the laws of the Republic of Estonia, without regard to conflict‑of‑law rules. For users not entitled to mandatory consumer forum protections, the exclusive jurisdiction and venue for any court proceeding (including to compel arbitration or enforce an award) will be the courts located in Tallinn, Estonia.
Consumer rights preserved. EEA/UK consumers retain all mandatory statutory rights (including to bring claims in their local courts where required by law). EU consumers may also seek resolution via the EU Online Dispute Resolution (ODR) platform.

18) Changes to these Terms

We may update these Terms from time to time. Material changes will be notified via the Service or email and take effect on the stated date. If you continue using the Service after the effective date, you accept the changes. If you do not agree, you must stop using the Service and may request account deletion.

19) Miscellaneous

Entire agreement. These Terms (plus policies referenced here) are the entire agreement between you and VTM ES (to be incorporated).
Severability. If any provision is unenforceable, the remainder stays in effect.
Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or asset transfer.
No waiver. Failure to enforce is not a waiver.
Notices. We may send notices to your account email or in‑app.

20) Country‑specific terms (if applicable)

EU/EEA & UK: You acknowledge immediate delivery of digital content and loss of withdrawal right once delivery begins; statutory rights remain. Age of digital consent varies (13–16).
California (USA): If you are a California resident, you waive California Civil Code §1542 to the extent permitted by law.
Brazil: Nothing here limits your rights under the Consumer Defense Code.
[Add others as needed].

21) Support

Questions about these Terms? Contact contact@vtm.lat.

Appendices (optional)

A. Marketplace Rules (fees, listing standards, settlement, dispute process).
B. Community Guidelines (behavior rules, examples, enforcement ladder).
C. Refunds & Chargeback Policy (flows, evidence, account actions).
D. Creator/UGC Terms (if/when external minting opens).