BIFROST CLOUD PTE. LED. including the associated software, materials and services (“Bifrost”) is a cloud-based service that enables users to use a virtual PC for gaming on a membership basis from an internet-connected device.
These terms are a legal agreement between you and BIFROST CLOUD PTE. LED. ("Bifrost") for the use of Bifrost Cloud Gaming Services. By registering for or using Bifrost, you are affirming that you have read and agree to these terms.
These terms can be accepted only by an adult of legal age of majority in the country in which Bifrost is used. If you are under the legal age of majority, you must ask your parent or legal guardian to consent to these terms. If you are not old enough to enter into these terms or if you don’t accept all the terms and conditions below, do not use Bifrost.
1.1. Grant. Subject to these terms, Bifrost grants you a non-commercial, personal, non-exclusive, non-transferable license to access and use Bifrost during the term of services through a supported device, one session at a time, for your entertainment with video games. The list of Bifrost supported devices is available on Bifrost websites.
1.2 Performance. A number of factors may affect your use of Bifrost, or may impede or interfere with your ability to start or continue using Bifrost or certain content or may result in the loss of data such as game saves, and you understand that Bifrost is not responsible for these: (a) any factors or circumstances outside of Bifrost’s reasonable control, including issues with your device, telecommunications, firewall, your service providers, or the public internet; (b) the type of device you have, your location, the available bandwidth, or the speed of your internet connection, and in some cases Bifrost may decrease the resolution and bitrate of the content streamed to you in an effort to provide a better user experience; or (c) other reasonable technical reasons, errors, or bandwidth constraints.
2.1 Content. Bifrost is renting you a virtual PC for gaming, and it is your responsibility to have sufficient rights to use the content (i.e. third-party video games or DLC (downloadable content)). Certain content may only work on certain types of devices. Not all the content you have may be used when streaming from Bifrost. Content purchased from a digital store on Bifrost may not be available to stream from Bifrost. The availability of content on Bifrost may vary over time, as examples: terms from service providers or game publishers may change, content may not be available from Bifrost or in certain geographies or languages, and content that was previously available on Bifrost (including your saved games) may become unavailable later on Bifrost. When you obtain content, whether through Bifrost or separately, the content provider may require you to accept their terms, open a user account and/or may charge you for the content.
From time to time, you may find content from a content provider that is available from Bifrost at no charge to select users, based on territory, device, membership plan, or other promotional criteria. Promotional offerings may last for a limited time and may change or end without notice. Activities and transactions between you and a content provider (as examples, content settings, use, purchases and related advertising), even if taking place through Bifrost, are solely between you and the content provider. BIFROST CLOUD PTE. LED. does not endorse or assume any responsibility for any content, or for information, materials, products or services that users receive from other parties or load for use with Bifrost.
2.2 Content for Different Ages. You acknowledge that on Bifrost you will have access to content rated for different ages, and it is up to you to set the filters for your permitted users to use age-appropriate content. You must follow the age rating rules of your country and laws.
2.3 Content Management. You acknowledge and agree that Bifrost may, but is not obligated to, block, monitor, scan or review communications or content transmitted through Bifrost and that Bifrost reserves the right to stop communications or remove content as described in section 10. Bifrost accepts no responsibility or liability for content from other parties (yours or of content providers) regardless of whether such content is transmitted to or by you in breach of these terms.
3.1 You may not use Bifrost, or load content to Bifrost, for any purpose other than as described in section 1 above and as permitted under the laws, regulations and guidelines of your place of use.
3.2 You may not copy, sell, rent, sublicense, transfer or distribute any portion of Bifrost, and you may not use Bifrost commercially or for crypto currency mining.
3.3 You may not reverse engineer, decompile, disassemble, modify, create derivative works, or remove copyright or other proprietary notices from any portion of Bifrost.
3.4 You may not misuse, disrupt or exploit Bifrost Cloud Gaming, Inc servers for any unauthorized use, or try to access areas or download software or materials not intended for users (including using Bifrost in any way to access any unauthorized third-party sites), or load to Bifrost servers any malware (such as viruses, drop dead device, worm, trojan horse, trap, back door or other software routine of such nature), or disturb the use and enjoyment of Bifrost by other users.
Bifrost features or versions may be identified as alpha, beta, preview or otherwise in pre-release, may not be fully functional, may contain errors or design flaws, and may have reduced or different security, privacy, accessibility, availability, and reliability standards. Use of a pre-release version may result in unexpected results, such as loss of use or loss of content. You may use a pre-release version at your risk and stop at your convenience.
Bifrost, including all intellectual property rights, is and will remain the sole and exclusive property of BIFROST CLOUD PTE. LED. or its licensors. Except as expressly granted in these terms, Bifrost reserves all rights, interests, and remedies in connection with Bifrost. You agree to cooperate with BIFROST CLOUD PTE. LED. and provide reasonably requested information to verify your compliance with these terms.
Bifrost may change, discontinue, or deprecate any part, or all, of Bifrost, or change or remove features, functionality or content (including games) available, and your continued use of Bifrost is deemed acceptance of such changes. In addition, you agree to receive automatic maintenance, updates and/or upgrades without notice and you permit Bifrost to download and install them for you. Bifrost may be temporarily unavailable, inaccessible or slow when Bifrost is performing maintenance or upgrades or at other times for reasons not within Bifrost’s reasonable control.
You are responsible for maintaining your log-in information secure for your use only, and for the activities under your account. You agree to notify Bifrost of any known unauthorized use of your Bifrost account.
Bifrost hopes you will find the use of Bifrost enjoyable. However, for some individuals under certain circumstances, using Bifrost (or content on Bifrost) might have harmful effects on your health or safety. As an example, a very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain light patterns or flashing lights. Also, discontinue using Bifrost (or content on Bifrost) if you experience health problems or symptoms including (but not limited to) light-headedness, dizziness, or other discomfort, pain or health concern and consult your physician when appropriate. You are responsible for managing your health risks and choosing whether or not to use Bifrost. You waive BIFROST CLOUD PTE. LED.’s liability for any liabilities, damages, losses, costs and expenses that result from these risks.
BIFROST CLOUD PTE. LED. may suspend or terminate your right to use Bifrost, or content on Bifrost, at its discretion, including (but not limited to) non-payment of applicable fees or if Bifrost reasonably suspects or determines that a use does not comply with these terms, the rights of others, or applicable laws and regulations.
Bifrost may investigate violations of these terms or misuse of Bifrost and may report activities to law enforcement, regulators or other parties.
All provisions of these terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
You hereby acknowledge that to use Bifrost and depending on your privacy preferences, Bifrost may access and collect data in order to: (a) properly configure and optimize the device in which Bifrost is installed for use with the device; (b) deliver content or service through Bifrost; (c) improve BIFROST CLOUD PTE. LED. products and services; and (d) provide automatic updates.
To improve the performance and quality at which Bifrost streams games to your machine and to run and update software and materials on your device, Bifrost will need to process system data such as software version numbers, geographical region, internet speed, games played, session data and system information such as CPU, GPU, device serial number, and system memory.
If you opt-in to share Technical Data from your device to help Bifrost find and fix bugs or improve the quality of services, you will be sharing device and accessory information, software (including settings, usage, and how well they run), feature usage, error logs, and geographical information. If you opt-in to Recommendations, Bifrost may inform you of games, apps, and rewards you may enjoy.
Any data will be collected, used and disclosed by Bifrost in accordance with BIFROST CLOUD PTE. LED.’s Privacy Policy.
Bifrost may contain links to websites and services. BIFROST CLOUD PTE. LED. does not endorse or assume any responsibility for any third-party websites, products, services or information. If you access a third-party website or service, you do so at your own risk, and you understand that these terms and Bifrost’s Privacy Policy do not apply. BIFROST CLOUD PTE. LED. encourages you to review the privacy statements on those websites and services that you choose to visit so that you can understand how they may collect, use and share your information.
BIFROST IS PROVIDED BY BIFROST CLOUD PTE. LED. “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.” BIFROST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT. NO WARRANTY IS MADE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. WITHOUT LIMITING THE FOREGOING, BIFROST CLOUD PTE. LED. DOES NOT WARRANT THAT ACCESS TO BIFROST WILL BE UNINTERRUPTED; THAT BIFROST WILL MEET YOUR REQUIREMENTS; THAT BIFROST WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT ANY CERTAIN CONTENT WILL BE AVAILABLE; OR THAT BIFROST IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIFROST CLOUD PTE. LED. AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR THE PERFORMANCE OF BIFROST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL BIFROST CLOUD PTE. LED. AND ITS AFFILIATES TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THESE TERMS EXCEED THE AMOUNTS PAID FOR BIFROST USE DURING THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE NATURE OF THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS LIMIT. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER BIFROST CLOUD GAMING INC. OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Governing Law. These terms and all disputes that may arise from it or out of use of Bifrost in interstate commerce shall be governed by the Federal Arbitration Act, in addition to the internal substantive laws of the United States, without regard to or application of its conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. You agree to these terms in the English language unless BIFROST CLOUD PTE. LED. provided you these terms in another language.
Arbitration. For any claim against or dispute with BIFROST CLOUD PTE. LED. relating to these terms or your use of Bifrost, please give BIFROST CLOUD PTE. LED. a chance to resolve it and contact BIFROST CLOUD PTE. LED. by mail at 141 MIDDLE ROAD #05-06 GSM BUILDING SINGAPORE (188976)
. For any disputes that are not resolved informally, you and BIFROST CLOUD PTE. LED. each agree to resolve any such dispute (excluding any BIFROST CLOUD PTE. LED. claims for injunctive or other equitable relief) by binding arbitration before an arbitrator from Judicial Mediation and Arbitration Services ("JAMS"). Nothing in these terms shall prevent a party from seeking injunctive or other equitable relief from the courts in any jurisdiction to prevent the actual or threatened violation of that party's data security, intellectual property rights, or other proprietary rights.
Class Action & Jury Trial Waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION UNLESS SUCH ARBITRATION IS NECESSARY TO EFFECTUATE THE ENFORCEMENT OF THE COURT CLASS ACTION WAIVER OR IN THE EVENT THAT CLASS ARBITRATION IS EXPRESSLY AGREED TO BY BIFROST CLOUD PTE. LED. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BIFROST CLOUD PTE. LED. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Right to Opt-Out. YOU MAY OPT-OUT OF THE FOREGOING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION OF THESE TERMS BY NOTIFYING BIFROST CLOUD PTE. LED. IN WRITING WITHIN 30 DAYS OF COMMENCEMENT OF USE OF BIFROST. SUCH WRITTEN NOTIFICATION SHALL BE SENT TO 141 MIDDLE ROAD #05-06 GSM BUILDING SINGAPORE (188976)
AND SHALL INCLUDE (1) YOUR NAME, (2) YOUR ADDRESS, (3) THE REFERENCE TO BIFROST AS THE SERVICE THE NOTICE RELATES TO, AND (4) A CLEAR STATEMENT INDICATING THAT YOU DO NOT WISH TO RESOLVE DISPUTES THROUGH ARBITRATION AND DEMONSTRATING COMPLIANCE WITH THE 30-DAY TIME LIMIT TO OPT-OUT.
You agree that you will not transfer or assign these terms or your rights and obligations by any means or operation of law without BIFROST CLOUD PTE. LED.’s permission. These terms do not create any third-party beneficiary rights.
If BIFROST CLOUD PTE. LED. needs to contact you about Bifrost or content, you consent to receive notices by email or through the software interface and agree that electronic notice will satisfy any legal communication requirements. Please direct your legal notices or other correspondence to 141 MIDDLE ROAD #05-06 GSM BUILDING SINGAPORE (188976)
You may, but don’t have to, provide to BIFROST CLOUD PTE. LED. any use information or suggestions, feature requests, or other feedback regarding Bifrost and its contents, including possible enhancements or modifications to Bifrost. For any feedback that you voluntarily provide, you hereby grant BIFROST CLOUD PTE. LED. and its affiliates a perpetual, non-exclusive, worldwide, irrevocable license to use, reproduce, modify, license, sublicense (through multiple tiers of sublicensees), and distribute (through multiple tiers of distributors) it without the payment of any royalties or fees to you. BIFROST CLOUD PTE. LED. will decide if and how to respond to feedback and if to incorporate feedback into Bifrost.
By accepting these terms, you confirm that you are not currently residing or ordinarily reside in any country or region currently embargoed by the U.S.A. and that you are not otherwise prohibited (e.g. SDN, DPL) from interacting with a U.S.A. company.
These terms constitute the entire agreement between you and BIFROST CLOUD PTE. LED. concerning Bifrost. If it turns out that any provision of these terms is not unenforceable, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law and the remaining provisions will remain in full force and effect. No waiver or failure to assert a right under these terms shall be deemed a further or continuing waiver of such right or any other right. Unless otherwise specified, remedies are cumulative.
Bifrost may make changes to these terms from time to time. The updated terms will be effective when published. Please review the terms of use on a regular basis. You understand and agree that your express acceptance of the updated terms or use of Bifrost after the date of publication shall constitute your agreement to the updated terms of use. If you do not agree with the updated terms, you must terminate your use of Bifrost.
(v. September 24, 2020)