These Terms of Service ("Terms") are an agreement between you and Off Court Creations LLC, the publisher and operator of pngwin. In these Terms, "OCC," "we," "us," and "our" mean Off Court Creations LLC. They govern your access to and use of pngwin, Sweaty Shooter, and all associated services, features, content, and applications (collectively, the "Service"). The Service is developed by Kairuku Studios LLC under license from OCC.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service.
You must be at least 13 years of age to create a Kairuku account or use the Service. If you are between 13 and 18 years of age, or the age of majority in your jurisdiction, you may only use the Service with the consent of a parent or legal guardian who agrees to be bound by these Terms.
We do not knowingly collect personal information from children under 13. If you believe a child under 13 has provided us with personal information, please contact us at info@offcourtcreations.com.
To access certain features of the Service, you may create a Kairuku account using your email address and a password. The Kairuku account name is consumer-facing branding for an account service hosted and administered by Off Court Creations LLC; it does not make Kairuku Studios LLC the contracting party, service operator, or data controller. You agree to provide accurate information, keep your account credentials secure, and accept responsibility for all activity under your account.
A Kairuku account is designed to let you use the same sign-in across supported games developed by Kairuku Studios LLC. Access to another game may be governed by additional terms and privacy notices presented for that game. Creating a Kairuku account under these Terms does not by itself grant access to every present or future game.
Your username must be unique, must not impersonate another person or entity, must not contain offensive or inappropriate content, and must not violate applicable law or third-party rights. We may reclaim, modify, or remove usernames at our discretion.
You may access certain features as a guest without creating a Kairuku account. Guest users are assigned a temporary display name, cannot earn persistent rewards, and have no persistent data saved between sessions.
Your account may only be logged in on one device at a time. Logging in on a new device will terminate your session on any other device.
pngwin is a web-based multiplayer game currently focused on Sweaty Shooter, with a planned broader massively multiplayer world featuring an overworld hub, island minigames, social systems, progression, virtual currency, shops, skins, and related game services.
Off Court Creations LLC publishes and operates the Service. Kairuku Studios LLC develops the Service under license from Off Court Creations LLC. Kairuku Studios LLC is not the seller of digital content and does not receive player payments.
We strive to maintain continuous availability of the Service, but we do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, outages, network issues, or events beyond our control.
We may update, modify, suspend, or discontinue any aspect of the Service at any time, including features, content, games, and functionality. Continued use of the Service after changes constitutes acceptance of those changes.
The Service may include virtual currencies, including Gold, Gems, Chow, or other currencies we add later. Virtual currencies have no real-world monetary value, cannot be exchanged for real money or goods outside the Service, are non-transferable, and may be modified, reset, or removed at our discretion.
You may purchase virtual currencies, Penguin Passes, and other digital content that we make available through the Service. Off Court Creations LLC is the seller and merchant of record for those purchases: it receives your payment, is responsible for the transaction, and handles purchase support, refunds, disputes, and applicable transaction obligations. Stripe processes payment information on its behalf. Kairuku Studios LLC is not a party to your purchase. Purchased content is licensed, not sold, for personal, non-commercial use.
Penguin Passes and similar benefits are valid only for the season, period, or scope specified at purchase. They are not transferable to future seasons or other accounts unless we explicitly state otherwise.
All prices may change before purchase. The price and any applicable taxes or fees shown when you authorize checkout control that transaction. Payments are processed by Stripe, and your use of Stripe-hosted checkout may also be subject to Stripe's applicable terms and privacy disclosures.
Except where applicable law requires otherwise, completed purchases are non-refundable. Nothing in these Terms limits any mandatory refund, withdrawal, cancellation, or consumer-protection right you have under applicable law.
If you initiate a chargeback or payment dispute that we determine to be fraudulent or in bad faith, we may suspend or terminate your account, reverse related virtual items or currencies, and pursue available remedies.
You agree not to use cheats, exploits, automation, bots, hacks, unauthorized third-party software, or multiple accounts to gain unfair advantages.
You agree not to harass, threaten, stalk, intimidate, impersonate, or abuse other users, and not to transmit hate speech, obscene content, offensive content, malware, viruses, or harmful code.
You agree not to access accounts, systems, or data without authorization; interfere with the Service or servers; reverse engineer the Service; probe or test vulnerabilities; or bypass security or authentication systems.
You agree not to sell, trade, or transfer your account or virtual items for real money, use the Service for unauthorized commercial purposes, advertise or solicit within the Service, violate law, or infringe third-party rights.
If you witness violations of these Terms, please report them to info@offcourtcreations.com. We may monitor, record, and review user activity to enforce these Terms, maintain security, and improve the Service.
You may terminate your account at any time by contacting us at info@offcourtcreations.com. Upon termination, your access to the Service will end, your virtual currencies, items, and progression will not be refunded, and your data may be retained as required by law or legitimate business purposes.
We may suspend, restrict, or terminate your account at any time, with or without cause and with or without notice. Reasons may include violation of these Terms, suspected fraud or illegal activity, conduct harmful to other users or the Service, extended inactivity, requests from law enforcement, or discontinuation of the Service.
Upon termination, your license to use the Service is revoked, you lose access to your account and related virtual currencies, items, and progression, and no refunds will be provided for unused virtual currencies or Purchases except as required by law.
If you believe your account was terminated in error, you may submit an appeal to info@offcourtcreations.com. Appeals will be reviewed at our discretion, and our decision is final.
Off Court Creations LLC owns, or lawfully controls from its licensors, the pngwin and Sweaty Shooter names, worlds, characters, content, features, and other intellectual property embodied in the Service. Kairuku Studios LLC develops the Service under a license from Off Court Creations LLC. Development credit does not transfer ownership of Off Court Creations LLC's intellectual property to Kairuku Studios LLC or to any player. Certain software, assets, and other materials may remain owned by their respective licensors and are used under license.
Subject to these Terms, Off Court Creations LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for personal, non-commercial entertainment purposes.
You may not modify, copy, create derivative works, sell, license, commercially exploit, data mine, scrape, download, or copy any part of the Service except as expressly allowed by us.
By submitting content to the Service, including usernames, chat messages, or other user-generated content, you grant Off Court Creations LLC a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, transmit, publish, and display that content as reasonably necessary to operate, secure, moderate, improve, and promote the Service. This license permits Off Court Creations LLC to allow Kairuku Studios LLC and other service providers to perform those activities on its behalf. The license lasts while the content is used for those purposes, subject to applicable law and our Privacy Policy.
Any feedback, suggestions, or ideas you provide about the Service may be used by us without compensation or attribution to you.
Kairuku Studios LLC develops and supports the Service under license from Off Court Creations LLC. The Service also uses third-party services, including Appwrite for authentication and data storage, Stripe for payment processing, Mailgun for transactional email where enabled, and self-hosted infrastructure for game servers, web serving, storage, and operational systems.
Your use of third-party services may be subject to their respective terms and privacy policies. We are not responsible for the practices, outages, errors, delays, or policies of third-party providers.
The Service may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of those third parties.
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
We may collect account information, gameplay data, session information, usage data, and other information needed to provide, secure, and improve the Service.
We retain your data as long as your account is active or as needed to provide the Service, comply with law, resolve disputes, and enforce agreements. Guest data is not retained after sessions end.
You may request deletion of your personal data by contacting info@offcourtcreations.com. We will process requests in accordance with applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED BY Off Court Creations LLC AND Kairuku Studios LLC "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
We do not warrant that the Service will be uninterrupted, secure, error-free, accurate, reliable, free of harmful components, or that defects will be corrected.
Any beta, experimental, or early-access features are provided without warranty and may be modified or removed without notice.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Off Court Creations LLC, Kairuku Studios LLC, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR SUBSTITUTE SERVICES, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THEIR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO Off Court Creations LLC IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS OR LIABILITY LIMITATIONS. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING ANY NON-WAIVABLE CONSUMER RIGHTS. IN THOSE JURISDICTIONS, THE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Off Court Creations LLC, Kairuku Studios LLC, and their respective officers, directors, members, employees, agents, contractors, and licensors from and against third-party claims, liabilities, damages, losses, costs, and reasonable attorneys' fees arising from your unlawful use of the Service, your material violation of these Terms, your violation of third-party rights, or content you submit. This obligation does not apply to the extent a claim results from the indemnified party's own negligence, willful misconduct, or violation of law.
Before filing any legal claim, you agree to attempt to resolve disputes informally by contacting us at info@offcourtcreations.com. We will attempt to resolve disputes within 60 days.
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.
Either party may seek injunctive or other equitable relief in any court of competent jurisdiction.
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Service.
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
You may not assign or transfer these Terms or your rights without our prior written consent. We may assign our rights and obligations without restriction.
We are not liable for failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, government actions, internet or telecommunications failures, or pandemics.
Section headings are for convenience only and do not affect interpretation. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us. Kairuku Studios LLC is an intended third-party beneficiary only of Sections 6, 9, 10, and 11 and may enforce those provisions; otherwise, these Terms create no third-party beneficiary rights.
We may modify these Terms at any time. We will notify you of material changes by posting updated Terms on the Service, updating the Last Updated date, or sending notification through the Service or via email.
Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service.
If you have questions about these Terms, please contact us at info@offcourtcreations.com.
Publisher, operator, contracting party, and merchant of record:
Off Court Creations LLC
254 Chapman Rd, 208
Newark, DE 19702
United States
If you are a resident of the EU or EEA, you may have additional rights under GDPR or similar laws, including rights to access, rectify, erase, restrict, port, object to processing, or withdraw consent. To exercise these rights, contact info@offcourtcreations.com.
If you are a California resident, you may have additional rights under CCPA or CPRA, including rights to know what personal information we collect, delete personal information, opt out of sale of personal information where applicable, and avoid discrimination for exercising your rights. We do not sell personal information. To exercise these rights, contact info@offcourtcreations.com.
If you reside in a jurisdiction with consumer protection laws that provide rights beyond those stated in these Terms, those rights apply to the extent required by applicable law.
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
Publisher and operator: Off Court Creations LLC
Data controller: Off Court Creations LLC
Licensed developer and data processor: Kairuku Studios LLC
254 Chapman Rd, 208, Newark, DE 19702, United States
Contact: info@offcourtcreations.com