Version 4, stored October 23, 2026.
LURKING EXPLOIT - END USER LICENSE AGREEMENT
Version 4 - Effective October 8, 2026
This End User License Agreement (the "Agreement") is between you and Fentus Games ("we", "us", "our"), the developer and operator of Lurking Exploit (the "Game"). The Game includes the game client, its updates, our game servers and online services, and the website and accounts used to play it (together, the "Service").
By selecting "I Agree", creating an account, or using the Service, you agree to this Agreement and to the Rules described below. If you do not agree, do not create an account or use the Service.
IMPORTANT: SECTION 21 REQUIRES MOST DISPUTES BETWEEN YOU AND US TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS ACTION, UNLESS YOU OPT OUT AS DESCRIBED THERE. SECTIONS 16 AND 17 LIMIT OUR LIABILITY TO YOU.
You must be at least 13 years old to create an account or use the Service. If you are under 18, or under the age of majority where you live, a parent or legal guardian must read and agree to this Agreement on your behalf and is responsible for your use of the Service.
We do not knowingly collect personal information from children under 13. If we learn that an account belongs to a child under 13, we will close it and delete its personal information.
You are responsible for keeping your login details secret and for everything that happens on your account. If you believe someone else has access to your account, contact us right away at fentusgames@gmail.com.
Your account is personal to you. You may not sell, buy, rent, share, give away or otherwise transfer an account, or use someone else's account.
You may hold more than one account and play them at the same time, unless the Rules say otherwise. Every account must be operated by you in person; automation is not allowed (see section 6).
Subject to this Agreement, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to download, install and use the Game client, and to access the Service, for your own personal, non-commercial entertainment.
The Game is licensed to you, not sold. We and our licensors own all rights in the Game and the Service, including its code, art, music, sounds, ships, characters, names, text and all other content. Everything not expressly granted to you in this Agreement is reserved by us.
Except where the law expressly allows it, you may not: copy, modify, translate or create derivative works of the Game; decompile, disassemble or reverse engineer the Game client, its network protocol or our servers; rent, sell, lease, sublicense or commercially exploit the Game or the Service; remove or change any proprietary notices; or run your own server that emulates the Service.
You may stream the Game and publish videos and screenshots of it, including on channels that earn money, as long as you do not claim the Game as your own, do not imply that we endorse you, and stop if we ask you to.
The Game contains in-game currency, including HCSS (Highly Compressed Sealed Sulfur), and other virtual content such as ships, modules, ammunition, materials, blueprints, stations and standings (together, "Virtual Items").
Virtual Items have no monetary value and are not your property. They cannot be exchanged, redeemed or cashed out for real money, goods, services or anything else of value outside the Game, whether from us or from anyone else. We do not sell HCSS or any other in-game currency for real money. You receive only a limited license to use Virtual Items inside the Game while your account is in good standing.
We may change, rebalance, limit, reset or remove Virtual Items at any time, including as part of an economy change or a wipe of game progress, without notice and without compensation to you.
You may not buy, sell or trade accounts, HCSS or any other Virtual Item for real money or for anything of value outside the Game, or advertise, arrange or take part in such a trade, including through third-party websites or services. We may remove Virtual Items obtained this way and suspend or close the accounts involved.
The Game may include games of chance, such as card games, played with in-game currency. They are for entertainment only. They do not offer any chance to win real money or prizes, and nothing won or lost in them has any value outside the Game.
You may not collude with other players, share hidden information such as your cards, or deliberately lose to another player in order to transfer currency to them.
Conflict between players is part of the Game. Combat, piracy, competition and deception carried out with the Game's own mechanics are allowed unless the Rules say otherwise. Using the Game to take real money from other players, or to obtain their account details, is not.
Trash talk is part of the Game too. Taunts and threats aimed at a player's ship, character, cargo, stations, fleet or standing in the Game are allowed, for example "I'm going to destroy your ship", "I'll hunt you down" or "I'm going to kill you" said about the fight. What is not allowed is taking it out of the Game:
Context matters. We judge conduct by what was said, to whom, how often and in what situation, and we decide at our discretion whether it crosses the line.
You may not:
We may publish additional rules, policies or guidelines for the Game (the "Rules"). The Rules are part of this Agreement.
The Service puts you among other players whose actions we do not control. You are responsible for your own interactions with them. We are not responsible for what other players say or do, in the Game or outside it. Losses another player causes you in the Game, such as a destroyed ship, a lost fight, stolen cargo or a deal that went badly, are part of the Game and are not grounds for a refund or any other compensation.
To the fullest extent the law allows, you release us from any claims, demands and damages arising out of disputes between you and other players.
Use the Game's block tools, and report behavior that breaks this Agreement or the Rules to fentusgames@gmail.com.
You are responsible for anything you write or create in the Service, such as chat messages and the names of ships, characters and bookmarks ("Your Content"). You grant us a worldwide, royalty-free license to host, store, copy, display and use Your Content to operate, moderate and promote the Service.
We may monitor, record, moderate and remove Your Content, including chat, but we are not required to do so, and we are not responsible for content other players post.
If you send us ideas, suggestions or other feedback about the Service, we may use them for any purpose, without paying you, crediting you or owing you anything. Sending feedback does not give you any rights in the Service or in anything we make with it.
If you believe something in the Service infringes your copyright, send a notice to fentusgames@gmail.com that includes:
We close the accounts of repeat infringers in appropriate circumstances.
If you buy the Game, a subscription or any other paid service from us, the price, billing period and refund terms are shown at the point of purchase. Purchases made through a third-party store, such as Steam, are also governed by that store's terms and refund policy. Except where that store's policy or the law requires otherwise, payments are non-refundable.
The Game is in early access and under active development. Features may change or be removed, game progress may be reset, and you may run into bugs and errors.
The Service may be unavailable, including for extended periods, for maintenance, development, outages or any other reason. Access to the Game is not guaranteed while the Service is unavailable. Downtime does not entitle you to a refund, an extension of a subscription period, or any other compensation, unless the law requires it.
We may stop offering the Service, permanently, at any time after the end of any subscription period you have already paid for. We are not required to accept new subscriptions, renewals or resubscriptions, and may stop accepting them at any time, including when we plan to shut the Service down permanently. When the Service shuts down, your license and all Virtual Items end.
The Game may download and install updates automatically, and you may need the latest version to play.
To run the Service, protect accounts and prevent cheating, we collect and store information such as your username, email address, IP address, identifiers of your device's hardware, game activity, chat, purchase records, and records of when you read and accepted each version of this Agreement. Contact us at fentusgames@gmail.com with any questions about your data.
To detect cheating and automation, our servers record how you play: the timing of your commands and of your reactions to events in the Game, how repetitive your play is, and when and for how long you play. We turn these records into scores, and automated tools, including machine-learning models, may help us choose which accounts to review. A person on our team reviews the evidence before an account is suspended or closed for automation under section 15. We keep these records for as long as we need them for this purpose.
Some people can have seizures or blackouts triggered by flashing lights or patterns, including those in video games, even if they have never had a seizure before. If you or anyone in your family has had seizures or epilepsy, ask a doctor before playing. Stop playing right away and see a doctor if you notice dizziness, changes in your vision, eye or muscle twitching, disorientation, loss of awareness, involuntary movements or convulsions.
Take regular breaks, and stop if your eyes, hands, wrists or arms become tired or sore. You are responsible for deciding how long and how often you play.
We may suspend or close your account, remove Virtual Items, or limit your access to the Service, with or without notice, if we reasonably believe you have broken this Agreement or the Rules, or if we need to in order to protect the Service, other players or us.
You may stop using the Service at any time and may ask us to delete your account by emailing fentusgames@gmail.com.
When your account is closed or the Service ends, your license and all Virtual Items end. Unless the law requires otherwise, no refund or compensation is given for an account closed because of a breach of this Agreement or the Rules.
THE GAME AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS, OR THAT ANY GAME PROGRESS OR VIRTUAL ITEMS WILL BE PRESERVED. WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES YOU USE WITH THE GAME, SUCH AS STORES, PAYMENT PROCESSORS AND CHAT SERVICES, OR FOR CONTENT CREATED BY OTHER PLAYERS.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR OWNERS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, GAME PROGRESS, VIRTUAL ITEMS, PROFITS OR GOODWILL, ARISING OUT OF OR RELATED TO THE GAME OR THE SERVICE, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, AND EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS TOGETHER WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These limits are an essential part of the bargain between you and us, and they apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain warranties to be excluded or liability to be limited, so some of the limits above may not apply to you.
To the extent permitted by law, you agree to defend, indemnify and hold harmless us and our owners, members, officers, employees, contractors and licensors from any claims, losses, liabilities and costs, including reasonable legal fees, arising from your breach of this Agreement or the Rules, Your Content, your violation of any law or anyone else's rights, or your misuse of the Service. We may take over the defense of any such claim, and you will cooperate with us.
We may update this Agreement and the Rules from time to time. When we update this Agreement, the Game will show you the new version, and you must read and accept it before you can continue to use the Service. Access to the Game requires accepting the current version of this Agreement and the Rules. If you do not accept a new version, we may deny you access to the Service.
This Agreement is governed by the Federal Arbitration Act and the laws of the State of Oregon, USA, without regard to conflict of laws rules. Any Dispute (defined in section 21) that is not resolved by arbitration will be brought only in the state or federal courts located in Oregon, and you and we consent to the jurisdiction of those courts.
Nothing in this Agreement limits any rights you have under consumer protection laws that cannot be waived by contract.
Please read this section carefully. It affects how disputes between you and us are resolved.
Informal resolution first. Before starting a claim, you and we each agree to try to resolve the dispute informally. Send a written notice describing the dispute and what you want to fentusgames@gmail.com; we will send ours to the email address on your account. If the dispute is not resolved within 60 days of the notice, either side may start arbitration or a small claims case.
Binding individual arbitration. Except as described below, any dispute, claim or controversy between you and us arising out of or relating to this Agreement or the Service (a "Dispute") will be resolved by binding arbitration on an individual basis before a single arbitrator, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator decides all questions, including the scope and enforceability of this section, except that a court decides whether the class action waiver below is enforceable. Fees are paid as the AAA Consumer Arbitration Rules provide.
Place of arbitration. The arbitration takes place in the State of Oregon, USA, and the state or federal courts located in Oregon have exclusive jurisdiction to confirm, modify or vacate an award. Hearings are held by video conference or telephone, or the arbitrator decides on written submissions, unless the arbitrator decides that an in-person hearing is necessary; any in-person hearing will be held in Oregon.
Exceptions. Either side may bring an individual claim in small claims court if the claim qualifies. Either side may ask a court to stop infringement or misuse of its intellectual property, or unauthorized access to the Service.
Class action and jury trial waiver. YOU AND WE EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY. If this waiver is found unenforceable for a claim, that claim alone will be decided by the courts named in section 20, and the rest of this section still applies.
Mass filings. If 25 or more similar arbitration demands are filed against us by, or with the help of, the same law firm or organization within 180 days, they will be administered in batches of up to 50 demands, with one arbitrator for each batch, and the remaining demands will wait until each batch is decided. Time limits for the waiting demands are paused while they wait.
Time limit. To the extent the law allows, any Dispute must be started within one year after it arose, or it is permanently barred.
Opting out. You may opt out of arbitration by emailing fentusgames@gmail.com within 30 days after you first accept this Agreement, with the subject "Arbitration Opt-Out" and your username and account email address. Opting out does not affect the rest of this Agreement.
Changes to this section do not apply to Disputes that arose before the change. If you live in a country whose law does not allow an agreement like this one, this section does not apply to you. This section survives the end of this Agreement and of your account.
This Agreement, together with the Rules and any terms shown at the point of purchase, is the entire agreement between you and us about the Service. If any part of this Agreement is found to be unenforceable, it will be enforced to the greatest extent allowed and the rest remains in effect. Our failure to enforce any part of this Agreement is not a waiver of it. You may not transfer this Agreement or your rights under it; we may transfer it, for example if the Game is sold.
We are not responsible for any delay or failure caused by events beyond our reasonable control, such as outages of our hosting or network providers, power failures, natural disasters, war, strikes or government action.
You agree that we may send you notices about the Service and this Agreement electronically, by email or in the Game, and that electronic notices and your electronic acceptance of this Agreement are as valid as written ones.
You may not use or export the Game in violation of United States export or sanctions laws. You confirm that you are not located in a country subject to a United States embargo and are not on any United States list of prohibited or restricted parties.
Sections that by their nature should continue after this Agreement ends, including sections 3, 4, 7, 9, 16, 17, 18, 20, 21 and this section, survive. Nothing in this Agreement creates a partnership, employment or agency relationship, or gives any rights to anyone other than you and us. Section headings are for convenience only.
Fentus Games
fentusgames@gmail.com