Terms & Conditions

Shardfall is operated by HIT CORP Ltd ("HIT CORP", "we", "us" or "our"), a company registered in England and Wales.

HIT CORP Ltd has acquired certain software, technology, intellectual property and related assets associated with Shardfall from Quell Tech Ltd. HIT CORP Ltd now operates and makes Shardfall available to users.

These Terms and Conditions ("Terms") govern your access to and use of Shardfall, any related website, software, applications, services, content and functionality that we make available in connection with Shardfall (collectively, the "Service").

Please read these Terms carefully before accessing or using the Service.

By downloading, accessing, installing, purchasing or using Shardfall or any part of the Service, you agree to be bound by these Terms and any additional policies referred to in them, including our Privacy Policy.

If you do not agree to these Terms, you must not access or use the Service.

We may update these Terms from time to time. The most current version will be made available through our website, application, store listing or another appropriate location. Where required by law, we will provide reasonable notice of material changes.

Your continued use of the Service following the effective date of updated Terms constitutes acceptance of those updated Terms, to the extent permitted by applicable law.

By using the Service, you confirm that you are legally capable of entering into these Terms.

If you are under the age at which you may independently enter into a legally binding agreement in your country of residence, you may only use the Service with the involvement and consent of a parent or legal guardian.

You must not use the Service:

• for any unlawful or unauthorised purpose;
• in violation of applicable laws or regulations;
• to infringe the rights of another person;
• to interfere with the operation or security of the Service; or
• in any manner inconsistent with these Terms.

You must not introduce viruses, malware, malicious code or other technology intended to disrupt, damage or obtain unauthorised access to the Service or another user's systems.

A serious or repeated breach of these Terms may result in suspension or termination of your access to the Service.

Shardfall is an interactive fitness and gaming experience.

Use of virtual reality equipment and physically active gaming may involve physical movement and exertion.

Before using Shardfall, you are responsible for:

• ensuring that your playing area is clear of obstacles and hazards;
• following all safety instructions provided by your VR headset or platform manufacturer;
• using appropriate equipment;
• ensuring you have sufficient physical space to use the Service safely; and
• stopping immediately if you experience dizziness, nausea, discomfort, pain, loss of balance or other symptoms.

You should not use Shardfall where physical activity would be unsafe for you.

Shardfall is not a medical device and is not intended to diagnose, treat, cure or prevent any medical condition.

Any information concerning calories, exercise, physical activity, performance or similar metrics is provided for informational and entertainment purposes only and may be an estimate.

You should seek appropriate professional medical advice before beginning any new exercise programme where necessary.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Shardfall may be distributed or made available through third-party platforms, including virtual reality application stores and hardware ecosystems such as the Meta Quest platform.

Your use of those third-party platforms may also be subject to separate terms, policies and requirements imposed by the relevant platform provider.

These third-party terms are separate from these Terms.

Where you purchase, download or access Shardfall through a third-party platform, payment processing, refunds, account administration and certain other services may be handled directly by that platform provider.

We are not responsible for the operation of third-party platforms except to the extent required by applicable law.

We reserve the right to refuse, suspend or discontinue access to the Service where reasonably necessary, including where:

• you breach these Terms;
• we reasonably suspect fraudulent or unlawful activity;
• continued access creates a security risk;
• required by law or a platform provider; or
• the Service or relevant functionality is discontinued.

You agree not to reproduce, duplicate, copy, sell, resell, sublicense, distribute or commercially exploit any part of the Service except where expressly permitted by us or by applicable law.

Nothing in these Terms grants you ownership of Shardfall or any intellectual property associated with it.

Headings are provided for convenience only and do not affect the interpretation of these Terms.

We aim to ensure that information we provide about Shardfall is accurate and up to date.

However, except where required by law, we do not guarantee that all descriptions, information, gameplay details, compatibility information, availability information or other materials will always be complete, current or error-free.

The Service may change over time as we update, improve or modify Shardfall.

Historical information may be made available for reference and may no longer reflect the current Service.

We may update, modify, improve, suspend or discontinue all or part of the Service.

Changes may include:

• gameplay changes;
• balancing;
• bug fixes;
• performance improvements;
• compatibility updates;
• security changes;
• removal or addition of functionality; and
• modifications required by platform providers.

Where reasonably possible and appropriate, we may provide notice of significant changes.

We are not liable merely because we modify, update or discontinue a feature, except where liability arises under applicable law.

Certain parts of the Service may require payment.

Prices may change from time to time.

Where Shardfall or related content is purchased through a third-party application store or platform, including Meta Quest, pricing, taxes, payment processing, refunds and cancellation rights may be administered by the relevant platform provider.

Your purchase may therefore also be subject to that provider's terms and refund policies.

Nothing in these Terms affects any statutory rights you may have as a consumer.

If we sell a product or service directly to you, additional purchasing, cancellation or refund terms may apply and will be made available before or at the time of purchase.

Some features may require an account with us or with a third-party platform.

You are responsible for keeping your account credentials secure and for activities carried out through your account, except where such activity results from our breach of duty or another circumstance for which you are not responsible under applicable law.

You must provide accurate information where account information is required.

If you suspect unauthorised use of an account associated with Shardfall, you should contact the relevant platform provider and, where appropriate, contact us at contact@hitai.pro.

The Service may contain or interact with third-party services, software, content, websites, SDKs, APIs or other technologies.

These third parties may have their own terms and privacy policies.

We are not responsible for third-party services that we do not operate or control.

You should review the relevant terms and policies before using third-party services.

Nothing in these Terms constitutes an endorsement of a third-party service unless we expressly state otherwise.

You may choose to provide feedback, suggestions, ideas, bug reports or other communications relating to Shardfall.

You retain ownership of any intellectual property rights you hold in material you submit.

However, by voluntarily submitting feedback, ideas or suggestions relating to the Service, you grant HIT CORP Ltd a worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to use, reproduce, modify and incorporate that feedback into our products and services without compensation to you.

This licence does not permit us to use your personal data contrary to our Privacy Policy or applicable data protection law.

You must not submit content that:

• is unlawful;
• infringes intellectual property or privacy rights;
• contains malicious software;
• is deliberately misleading;
• is abusive or threatening; or
• otherwise violates these Terms.

We may remove or disregard submissions that violate these Terms.

Our collection and use of personal data in connection with Shardfall is governed by our Privacy Policy.

The Privacy Policy explains what personal information we collect, why we process it, who it may be shared with, how long it is retained and the rights available to users.

For privacy enquiries, contact:

contact@hitai.pro

Shardfall, including its software, source code, object code, gameplay, graphics, designs, characters, artwork, audio, animations, documentation, interfaces, trademarks and other content, is owned by or licensed to HIT CORP Ltd and is protected by intellectual property laws.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and use Shardfall for your personal, non-commercial use on compatible devices.

You may not, except where expressly permitted by law:

• copy or reproduce Shardfall;
• distribute, sell, rent, lease or sublicense it;
• modify or create derivative works from it;
• reverse engineer, decompile or disassemble it;
• circumvent technological protection measures;
• extract or reuse substantial portions of game assets or content;
• use Shardfall or its assets to develop or train a competing product; or
• remove copyright, trademark or proprietary notices.

Nothing in these Terms transfers ownership of any intellectual property rights to you.

Shardfall is software and may occasionally contain errors, bugs, interruptions, compatibility issues or other technical problems.

We may correct errors, release patches, update information or change functionality without prior notice.

We do not undertake to correct every issue or maintain compatibility with every device, operating-system version or third-party service indefinitely.

You must not use the Service:

1. for an unlawful purpose;
2. to encourage or participate in unlawful activity;
3. to violate applicable laws, regulations or platform rules;
4. to infringe our intellectual property rights or those of another person;
5. to harass, abuse, threaten or unlawfully discriminate against another person;
6. to submit deliberately false or misleading information;
7. to transmit malware, viruses or destructive code;
8. to obtain or attempt to obtain unauthorised access to the Service, systems or accounts;
9. to improperly collect or track personal information;
10. to spam, phish, scrape or otherwise abuse the Service;
11. to interfere with security features or technological protections;
12. to cheat, exploit vulnerabilities or manipulate the Service in a way not intended by us;
13. to use unauthorised automated systems or bots in connection with the Service; or
14. for commercial exploitation except with our prior written permission.

We may suspend or terminate access for violations of these restrictions.

Nothing in these Terms affects rights or warranties that cannot legally be excluded under applicable consumer law.

Subject to those rights, the Service is provided on an "as is" and "as available" basis.

We do not guarantee that:

• the Service will always be available;
• access will be uninterrupted;
• the Service will be completely free from bugs or errors;
• every feature will remain available permanently;
• the Service will operate on every device or software configuration; or
• gameplay, fitness estimates or other results will meet your individual expectations.

We do not guarantee that estimated exercise, calorie, performance or activity information is medically accurate.

You are responsible for deciding whether Shardfall is appropriate for you and for using the Service safely.

Nothing in these Terms excludes or limits liability for:

• death or personal injury caused by negligence where such liability cannot lawfully be excluded;
• fraud or fraudulent misrepresentation; or
• any other liability that cannot lawfully be excluded or limited.

Subject to the above and to applicable consumer law, HIT CORP Ltd will not be liable for losses that:

• were not reasonably foreseeable when you agreed to these Terms;
• result from circumstances outside our reasonable control;
• arise from unauthorised or improper use of the Service; or
• relate to business or commercial use where the Service was supplied for personal consumer use.

To the maximum extent permitted by law, we are not liable for indirect or consequential losses, loss of profits, loss of revenue, loss of business opportunity or loss of anticipated savings arising from use of the Service.

These limitations apply only to the extent permitted by applicable law.

Where you use the Service for business or commercial purposes, you agree to indemnify HIT CORP Ltd, its officers, employees, contractors, suppliers and licensors against reasonable losses, liabilities, claims and expenses resulting from:

• your material breach of these Terms;
• your unlawful use of the Service; or
• your infringement of another person's rights.

This section does not apply to consumers to the extent that such an indemnity would be unenforceable under applicable consumer law.

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified to the minimum extent necessary to make it enforceable.

If modification is not possible, that provision will be treated as severed.

The remaining provisions will continue in full force and effect.

These Terms remain effective while you use the Service.

You may stop using Shardfall at any time.

We may suspend or terminate your access where reasonably necessary, including where you materially breach these Terms, misuse the Service, create a security risk or where continued provision of the Service is no longer commercially or technically feasible.

Termination does not affect rights or obligations that arose before termination.

Provisions that by their nature should continue after termination, including intellectual property provisions and applicable limitations of liability, will survive termination.

These Terms, together with our Privacy Policy and any additional terms expressly applicable to a particular feature or purchase, constitute the agreement between you and HIT CORP Ltd regarding your use of the Service.

They replace prior terms governing your use of Shardfall from the effective date of these Terms, except where applicable law requires otherwise.

A failure by us to exercise a right under these Terms does not constitute a waiver of that right.

We may transfer our rights and obligations under these Terms as part of a merger, acquisition, restructuring, financing, asset transfer or similar corporate transaction.

Where required by applicable law, we will notify you of such a transfer.

You may not transfer your rights or obligations under these Terms to another person without our written consent, except where applicable law provides otherwise.

These Terms are governed by the laws of England and Wales.

If you are a consumer resident in another country, you may also benefit from mandatory rights and protections under the laws of your country of residence that cannot legally be excluded by these Terms.

If you are a consumer, you may bring legal proceedings in the courts available to you under applicable consumer-protection law.

For non-consumer disputes, the courts of England and Wales will have exclusive jurisdiction unless otherwise agreed in writing.

We may update these Terms from time to time to reflect:

• changes to Shardfall;
• new functionality;
• technical or operational changes;
• changes to applicable law;
• changes to third-party platform requirements; or
• changes to our business.

The updated version will state the date on which it was last revised.

Where required by law, we will provide reasonable notice before material changes take effect.

Questions regarding these Terms should be sent to: