Cosmik Battle is the next-generation Trading Card Game pitting players against one another in exhilarating space battles. Reduce your enemies’ ships to dust and climb the ranks to become the galaxy’s top pilot.
Cosmik Battle and any services available within the application and its website (the App) is operated by Cometh Studio (“Company” “we”, “our” or “us”). It is available for download on https://cosmikbattle.com (“Site”), Epic Games Store, Ultra.io and Hyperplay. By creating an Account and/or using the App you: warrant to us that you have reviewed these Terms of Use, including our Privacy Policy (available on the Site) (Terms), with your parent or legal guardian (if you are under 18 years old), and you understand them; warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the App and they have agreed to the Terms on your behalf; and agree to use the App in accordance with the Terms. Please read the Terms carefully and immediately cease using the App if you do not agree to them.
You are required to create an account in order to use the App (Account). You must ensure that any personal information you give to us when creating an Account is accurate and up-to-date.
Digital Collectible
Although the majority of the App's components depend on off-chain features, you acknowledge that certain aspects of the App incorporate blockchain technology and accept the possibility of encountering blockchain elements while using the App. An understanding of the blockchain technology isn’t required to access and use the App. Blockchain is utilized as a technology to enhance digital ownership through Non-Fungible Tokens, also known as Digital Collectibles. Digital Collectibles comprise Premium Cards and cosmetic items. It is noteworthy that the latter may also manifest as conventional off-chain items.Once they are earned, collected or purchased, Digital Collectibles become the exclusive property of the players. The Company disclaims any rights to the Digital Collectible and solely undertakes to offer ways for you to utilize or administer them within the App. In addition to Digital Collectibles, even though the App currently does not utilize other on-chain tokens, you acknowledge that the Company retains the right to introduce various types of tokens into the App at any given time.
Muster Network
The App makes use of the Company's exclusive blockchain known as "Muster," which operates as a Layer 3 network built on Arbitrum and Ethereum.Thanks to Cometh’s proprietary technology, you will will never be expected to pay gas fees or to sign transactions when interacting with the blockchain within the experience.
Off-chain features
Besides Digital Collectibles, the App leverages off-chain in-game assets including:
Upon utilizing the App, regardless of whether you currently possess off-chain in-game assets, you consent to the Company's ability to introduce Digital Collectibles within the app or convert existing assets into Digital Collectibles at any given time.
Cometh Connect
For you to interact with the blockchain, the App leverages the Company’s proprietary technology Cometh Connect to deploy a digital wallet (“Wallet”). The Wallet is used to store your Digital Collectibles and becomes exclusively yours upon deployment. By agreeing, you acknowledge that the Company is solely accountable for deploying the Wallet and facilitating its management post-deployment. Consequently, the Company bears no responsibility for any misuse of the Wallet or for the management of its contents, both of which are solely your responsibility. During Account Creation, Cometh Connect initiates pre-registration of a Wallet address, accessible within the App settings. Although the Wallet is fully deployed only upon your first proactive on-chain interaction, all earned, collected, or purchased Digital Collectibles are already stored at the address and can be freely managed within the App. Additional functionalities for Wallet management will be implemented over the app's lifespan, with corresponding updates to the Terms.
Cometh Connect is in its early stages of development. Therefore, you acknowledge and accept that the solution may encounter technical issues, for which the Company cannot be held responsible.The Wallet provided by Cometh Connect is a digital wallet created by the third-party provider, Safe. Please consult Article X, Third Parties, to understand the Company's responsibility concerning third-party services. For more information please visit : https://docs.cometh.io/connect/quickstart/what-is-connect
External wallet
While having an external wallet is not mandatory for accessing and utilizing the App, you have the option to link any of your existing wallets to your account for Account management purposes.
Security
The Wallet associated with your account employs a private key stored directly on the device to authenticate you as the owner and allow access. It's your sole responsibility to safeguard your login credentials and any device used to access your Account. You acknowledge that anyone gaining access to your login credentials and device may access your Account, with or without your consent, and may transfer any Digital Collectibles you possess. The Company lacks control over or access to your Wallet and will not offer refunds in the event of unauthorized purchases or asset transfers.
We grant you a non-exclusive, non-transferable (except with our written permission), non-sublicensable (except as otherwise permitted under these Terms), personal and revocable licence to access and use the services available on the App. Digital Collectibles transactions within the App are validated through the Muster Blockchain. When engaging in such transactions, you comprehend that your Wallet address will become publicly visible.
You agree not to, or to authorise any third party on your behalf to, interact in the App in a manner that is contrary to any rules or guidelines we may impose from time to time, or in a way that we determine, in our absolute discretion, to be cheating, farming, or otherwise acting in a manner that may negatively impact the enjoyment of others in connection with the App. This includes, without limitation, using third party software (by injecting the software into the App or otherwise) to give you or another use an unfair advantage, or to automate aspects of gameplay, creating and using multiple Accounts, sharing your Account, participating in win trading with other users and otherwise acting contrary to the spirit of the App. For clarity, acting contrary to this clause will be considered a material breach of these Terms and may result in suspension and/or termination as set out below.
Whether through utilizing the friend referral functionality within the App or engaging in any other referral program we may establish ("Referral Schemes"), you agree not to act in any way which allows you to fraudulently, inappropriately or unfairly receive the benefits of a Referral Scheme. This includes, without limitation, sending referral links to yourself and/or creating multiple Accounts. For clarity, acting contrary to this clause will be considered a material breach of these Terms and may result in suspension and/or termination as set out below. Additionally, if you breach this clause, we may withhold any referral payments relating to a Referral Scheme.
Purchasing Items
In the Cosmik Store (“Store”) you may purchase items from us, including but not limited to, packs of cards called Premium Boosters and other cosmetic items (“Items”), as set out on the App. Any purchase from us through the App is an offer by you to purchase the relevant Item for the price notified (including any charges and taxes) at the time you purchase the Item. Items can take the form of Digital Collectibles or regular in-game asset.
Each Premium Booster comprises a collection of 5 randomly generated Premium Cards with probabilistic distribution. Although the Booster itself is not considered a Digital Collectible, the Premium Cards it grants access to are. The probabilities of receiving a particular rarity and version are public and accessible in our FAQ. The Premium Booster creation process is developed and managed by the Company and we make best effort to meet the probabilistic odds set in our FAQ. Each purchase results in a separate binding agreement between you and us for the supply of the Item in accordance with the Terms. It is your responsibility to check the purchase details, including selected Items and pricing, before you place a transaction through the Site. When you purchase an Item and your transaction has completed, we will provide you with transaction details, which may include an order number,an order ID, and a description of what was ordered.
The transaction for the purchase of an Item makes use of the Cometh platform for the transfer of funds.
Price and payment
You must pay us the purchase price of each Item you select as set out on the App or Site (plus any applicable taxes and charges (including any Transaction Fees)) (the Price) in accordance with this clause. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. Any financial transaction you engage in through the App or the Site related to Digital Collectible will be conducted solely through the Muster network. Items can only be purchased using a Credit Card. The Store leverages Lydia as Payment Service Provider.
Refund
All Item purchases are considered final, and Cometh does not offer refunds.
The App provides a peer-to-peer marketplace for you to buy and sell Digital Collectibles from other players (the Marketplace). If you wish to sell a Digital Collectible, you must create an offer with an accurate and complete description of the Digital Collectible offered for sale (including the price you are selling the Item for). If you wish to buy a Digital Collectible, you must follow the instructions provided on the App or Site to purchase the Items, and pay the purchase price indicated by the seller. You understand that the App provides an introductory platform only, and that our responsibilities are limited to facilitating the user functionality and availability of the App. We are not a reseller of Digital Collectibles. We are not a party to any agreement entered into between a buyer and a seller. We have no control over the conduct of buyers, sellers and any other users of the App. We accept no liability for any aspect of the buyer and seller interaction, including but not limited to the description of Items offered for sale and the delivery of the Digital Collectible.
For each transaction carried out on the Marketplace, the Company retains a 5% transaction fee.
The App may facilitate a Discord communication server, in-game communication and other forums on which you are able to communicate with other App participants. We ask you to limit your discussions to topics which are relevant to the App. You acknowledge and agree that you are not permitted to send any communication which contains foul language, illegal material, defamatory comments, business advertisements, spam, religious debates, comments which incite fear, and/or any form of abuse, insults or personal attacks. We reserve the right to remove any communication which we, in our sole discretion, deem to be inappropriate, and prevent you from further participating in the communication methods outlined above.
We may from time to time issue promotional discount codes for certain Items. To claim the discount, you must enter the promotional discount code at the time of purchasing the Item through the App or Site. The conditions of use relating to promotional discount codes will be specified on the App or Site at the time they are issued.
You must not access or use the App except as permitted by these Terms and you must not and must not permit any other person to: use the App in any way which is in breach of any applicable Laws or which infringes any person's rights, including Intellectual Property rights; use the App to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; use the App in any way that damages, interferes with or interrupts the supply of the App; introduce malicious programs into our hardware and software, including viruses, worms, trojan horses and e-mail bombs; use the App to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes); use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the App; or to send any form of harassment via email, or any other form of messaging (such as the messaging features within the App), whether through language, frequency, or size of messages or use the App in breach of any person’s privacy (such as by way of identity theft or “phishing”). In-game assets are only to be earned, purchased or sold for the purpose of genuinely interacting with the App. You must not obtain or sell in-game assets for investment purposes. We may, at our sole and absolute discretion, implement controls to restrict access to the App, in any jurisdiction where users would be restricted from accessing the Services in accordance with applicable laws and regulations (Restricted Jurisdiction).
You acknowledge and agree that: the provision of the App may be contingent on, or impacted by, third parties, other customers’ use of our services, suppliers, other subcontractors (Third Party Inputs); and despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible, and will have no Liability, for any default or breach of these Terms or law, if such default or breach was caused or contributed to by any Third Party Inputs. For clarity, Third Party Inputs may include Safe, Ethereum, Arbitrum and any other of our service and technology providers. This clause will survive the termination or expiry of these Terms. Intellectual Property Rights Our Intellectual Property All Intellectual Property in the App and that Intellectual Property developed, adapted, modified or created by us or our Personnel (including in connection with these Terms) is and will remain owned exclusively by us or our third party service providers. You must not, without our prior written consent: copy or use, in whole or in part, any of our Intellectual Property; reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our Intellectual Property to any third party; reverse assemble, reverse engineer, reverse compile or enhance the App; breach any Intellectual Property Rights connected with the App, including altering or modifying any of our Intellectual Property; cause any of any of our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of our Intellectual Property; resell, assign, transfer, distribute or make available the App to third parties; “frame”, “mirror” or serve any of the App on any web server or other computer server over the Internet or any other network; alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the App or Site; Notwithstanding anything to the contrary in these Terms or elsewhere, we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the App or Site, in an aggregated and anonymized format (Analytics). You agree that we may make such Analytics publicly available, provided that it: does not contain identifying information; is not compiled using a sample size small enough to make the underlying data identifiable. We and/or our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content provided in connection with the Analytics, including all Intellectual Property rights in the foregoing.
As between you and us, (i) all Data is and remains your property, and (ii) you retain any and all rights, title and interest in and to the Data, including all copies, modifications, extensions and derivative works thereof. Licence: You grant us a limited licence to copy, transmit, store and back-up or otherwise access the Data during the Term solely to: supply the App; diagnose problems with the App; enhance and otherwise modify the App; develop other services, provided we de-identify the Data; and as reasonably required to perform our obligations under these Terms. General: You must, at all times, ensure the integrity of the Data and that your use of the Data is compliant with all Laws. You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to provide all your Data to us and to grant the rights granted to us in these Terms; and (ii) the Data and its transfer to and use by us, as authorised by you under these Terms do not violate any Laws (including those relating to export control and electronic communications) or rights of any third party, including any Intellectual Property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorised in these Terms is not inconsistent with the terms of any applicable privacy policies. We assume no responsibility or Liability for the Data. You are solely responsible for the Data and the consequences of using, disclosing, storing or transmitting it. This clause will survive termination or expiry of these Terms.
Despite anything to the contrary, to the maximum extent permitted by law: our maximum aggregate Liability arising from or in connection with these Terms will be limited to, and must not exceed the portion of the Price paid by you to us for the Items the subject of the relevant claim; we will not be liable to you in respect of any transactions that take place on the Marketplace; and we will not be liable to you for any Consequential Loss, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you waive and release us from and against, all Liability (whether under statute, contract, negligence or other tort, indemnity, or otherwise) arising from or in connection with any: loss of, or damage to, any property or any injury to or loss to any person; failure or delay in providing the App; breach of these Terms or any Laws; or the Computing Environment, where caused or contributed to by any: (i) event outside our reasonable control; (ii) a fault, defect, error or omission in your Computing Environment or Data; or (iii) act or omission of you, your related parties, Authorised Users, Personnel or any third party (including customers, end users, suppliers, providers or subcontractors), and, in any event, any error, omission or lack of suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the App or Site. To the maximum extent permitted by law, you indemnify and continue to indemnify us against all Liability we suffer or incur arising from or as a consequence of a breach of Intellectual Property Rights and/or your use of the App contrary to these Terms. You acknowledge and agree that: you use the App and any associated programs and files at your own risk; the technical processing and transmission of the App, including your Data, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices; we may use third party service providers to host the App. If the providers of third party applications or services cease to make their services or programs available on reasonable terms, we may cease providing any affected features; the App may use third party products, facilities or services. We do not make any warranty or representation in respect of the third party products, facilities or services; we do not guarantee that any file or program available for download and/or execution from or via the App is free from viruses or other conditions which could damage or interfere with Data, hardware or software with which it might be used; we are not responsible for the integrity or existence of any Data on the Computing Environment, network or any device controlled by you; and we may pursue any available equitable or other remedy against you if you breach any provision of these Terms. This clause will survive termination or expiry of these Terms.
To ensure the long-term viability of the App, the Company retains the authority to modify, add, or remove features or content within the App. This includes, but is not restricted to, introducing new in-game assets (including those released before), altering card effects and mechanics, adjusting the drop probabilities of Boosters, overhauling the game economy, or adapting game modes and gameplay. This pertains to any feature or content, whether obtained through earning, collection, or purchase in the Store or Marketplace.
You expressly acknowledge that Cometh is under no obligation, and you are in no way relying on Cometh, to promote, support, or improve Cosmik Battle, and that Cometh reserves the right to cease support for Cosmik Battle and to terminate the availability of Cosmik Battle at any time. You expressly acknowledge that your receipt, purchase, or possession of any in-game assets does not give you any rights in or claims against Cometh, that Digital Collectibles are not a financial or investment instrument of any kind, that Digital Collectibles may not have any real-world monetary value whatsoever, and that Cometh is not responsible for any value attributable to, or fluctuations or loss in the value of Digital Collectibles.
You may terminate these Terms at any time by cancelling your Account and ceasing to use the App. If you violate these Terms, we reserve the right to impose appropriate sanctions, which may include, but are not limited to, suspending or terminating your account. These sanctions may also extend to any accounts under your ownership or those created subsequent to the imposition of sanctions. On termination of these Terms, you may no longer have access to the App and information that you have posted to the App or in relation to your Account (including any Items). This clause will survive termination or expiry of these Terms.
In these Terms, unless the context otherwise requires: the singular includes the plural and vice versa; headings are for convenience only and do not affect interpretation; a reference to these Terms or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time; if any act which must be done under these Terms is to be done on a day that is not a Business Day then the act must be done on or by the next Business Day; the word "month" means calendar month and the word "year" means 12 months; the words "in writing" include any communication sent by letter or email or any other form of communication capable of being read by the recipient; a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time; includes and similar words mean includes without limitation.
You may contact us at any time regarding these Terms at supportcb@cometh.io
