Eighth Era Studios Inc.
Version: 2026-09-14 — revised draft, adults only
Effective date: September 15, 2026
1. What this agreement covers
This agreement is between you and Eighth Era Studios Inc., a Delaware corporation with its principal mailing address at 2415 W. Broadway Rd., #40058, Mesa, AZ 85202, United States ("we," "us," or the "Studio"). It covers your invited participation in pre-release testing of Flux Strike (the "Game"), including alpha and closed beta builds expressly offered under this agreement, related test materials, official tester channels, and surveys (together, the "Test"). A paid early-access program or commercial release requires separate terms.
You accept this agreement by selecting the unchecked agreement box and choosing "Agree and join the Test" after having an opportunity to read and save it. If you do not agree, do not join. You must meet the adult eligibility requirements in Section 2. Access to the Test and the commitments in this agreement are what we exchange with you for your agreement.
Our Test Privacy Notice, available at https://eightherastudios.com/privacy-policy, explains our handling of personal data. Accepting this agreement does not itself give consent to optional tracking, marketing, recordings, or any other processing that requires separate consent.
Your legal rights remain protected. Nothing in this agreement takes away rights or remedies that applicable law does not allow us to exclude or limit. This applies throughout the agreement, including confidentiality, Feedback, virtual items, termination, and liability.
2. Who can participate
You must be at least 18 years old and have reached the legal age of majority where you live, have legal capacity to accept this agreement, meet the applicable platform's age and eligibility requirements, and live in a country or region where we have made this Test available. If the legal age of majority where you live is higher than 18, that higher age applies.
Minors may not participate, even with permission from a parent or guardian. By accepting this agreement, you confirm that you meet these eligibility requirements.
We may use proportionate eligibility checks explained in the Test Privacy Notice. Do not give false age or eligibility information. If we discover an ineligible account, we will suspend access and handle its data under applicable law and the Test Privacy Notice.
Access is available only where we may lawfully provide it, including under applicable export-control and sanctions laws. You must also comply with applicable terms of the platform distributing the build, such as Apple TestFlight or Google Play. Those terms govern your relationship with that platform and do not remove our responsibilities to you.
3. How the alpha works
- Participation is free. We do not charge for this Test or offer real-money purchases in it. Any simulated purchases use test transactions only. You remain responsible for your own device, internet connection, and ordinary data charges.
- No in-game voice or chat. This Test build does not provide voice or chat features and does not include third-party advertising. We use our own analytics as described in Section 8. References to official tester channels in this agreement mean any separate feedback or support channels we designate.
- Your email identifies your account. Keep your email accurate and under your control. We use it to administer access and communicate about the Test as described in the Test Privacy Notice.
- Progress is saved between sessions. You can resume gameplay from your saved progress. Saved progress remains subject to the testing resets described below. A progress reset does not automatically delete account information, diagnostic logs, or Feedback; Section 8 explains how those records are handled.
- Resets and changes are part of testing. We may reset or remove progress, characters, items, currency, or other test content to fix problems, change the design, or operate or end the Test. We will give notice when reasonably practical. These resets do not override our personal-data obligations.
- Nothing automatically carries over. Test progress, items, and access do not transfer to a later version unless we expressly promise otherwise in writing.
- Release is uncertain. Features, availability, and schedules may change. We do not promise a commercial release, continued access, or any particular feature.
4. Your license to use the build
While you remain eligible and this agreement is in effect, we give you a limited, personal, non-exclusive, non-transferable license to install and play the build on devices you own or are authorized to use, for your personal participation in the Test. This license ends as described in Section 12. The Studio and its licensors retain their rights in the Game and test materials, subject to your rights in your own Feedback under Section 6.
You may not:
- Share builds, installation links, invitations, test codes, or account access with unauthorized people.
- Copy, modify, decompile, reverse engineer, data-mine, or extract Game assets, except for installation, ordinary authorized use, expressly permitted bug reporting, or activities that applicable law allows despite this restriction.
- Use cheats, bots, or automation, deliberately abuse exploits, interfere with other testers, or access systems or data without authorization. Ordinary testing that discovers a bug is not itself a violation; report it privately and do not exploit it to cause harm.
- Use the Test for commercial activities, or sell, trade, or transfer test accounts, items, or access.
- Remove ownership notices or misrepresent your affiliation with the Studio.
The capture permissions and restrictions in Section 5 also apply. This agreement does not grant permission to conduct intrusive security testing of our systems; obtain separate written authorization for that activity.
When your access ends, stop using and uninstall the build and delete confidential test materials under your control, subject to the limited retention exceptions in Section 5. You may keep this agreement, the Privacy Notice, and records reasonably needed to exercise your legal rights.
5. Confidentiality and permitted disclosures
What is confidential
"Confidential Information" means nonpublic Game builds and materials we share for the Test that are marked confidential or that a reasonable tester would understand to be confidential in context. Examples include unreleased assets, source code, story details, features, roadmaps, commercial plans, private technical discussions, and nonpublic test schedules.
It does not include information that you can reasonably show:
- Is or becomes lawfully public without a breach of a confidentiality obligation.
- You already knew lawfully without a duty of confidentiality.
- You independently developed without using our Confidential Information.
- You lawfully received from someone entitled to disclose it without restriction.
How to protect it
Use Confidential Information only to participate in the Test. Take reasonable care to keep it secure. Do not post, stream, distribute, or disclose confidential builds, assets, recordings, or other Confidential Information publicly or to unauthorized people.
Captures for private bug reports are permitted. You may take screenshots or short recordings reasonably needed to report a bug to us through designated private channels, provided you avoid capturing other people's personal information or private conversations without permission. Otherwise, do not capture confidential Test content unless an authorized Studio representative gives written permission. Public posting or streaming requires separate written permission for the specific content, subject to the protected activities below. An identified authorized representative's post in an official tester channel can give that permission.
You may discuss Confidential Information with testers authorized for the same Test through its designated private channels. You may also disclose what is reasonably necessary to your professional legal adviser, provided the recipient is bound by an appropriate duty of confidentiality. Tell us promptly if you discover unauthorized access or disclosure, unless doing so would interfere with a protected activity below. Someone else's unauthorized leak does not by itself give you permission to share our materials.
Your protected activities
This section does not prohibit honest opinions or consumer reviews protected by law, complaints about the Studio, reporting suspected unlawful conduct to authorities, cooperating with investigations, or obtaining legal advice. We will not penalize you or end your access for exercising those rights. Lawfully protectable trade secrets and confidential information remain protected only to the extent the law permits; calling something confidential does not remove statutory review or reporting rights.
You may make disclosures required by law or a valid court order. Where lawful and reasonably practical, give us notice so we can seek appropriate protection, and limit the disclosure to what is required. No notice or permission is required for protected reports to authorities or other legally protected disclosures.
Under 18 U.S.C. § 1833(b), an individual has immunity under federal and state trade-secret law for a confidential disclosure to a government official or attorney solely to report or investigate a suspected legal violation, or for a disclosure in a court filing made under seal. In a retaliation lawsuit covered by that law, the individual may disclose the information to their attorney and use it in the proceeding if filings containing it are sealed and further disclosure occurs only by court order. This paragraph does not limit other protections available under law.
Duration and permitted retention
These contractual duties last during your participation and for three years after it ends, ending earlier for information covered by an exception above. Information qualifying as a trade secret remains protected for as long as it qualifies under applicable law. Separate legal duties concerning other people's personal information continue as required by law.
You may retain a secure copy only where legally required or reasonably necessary to establish, exercise, or defend legal claims. Confidentiality continues for retained material for the applicable period. Routine backups that cannot reasonably be isolated may remain until overwritten in the ordinary course; do not restore or use them to continue participating or distribute the material.
6. Feedback, suggestions, and ideas
"Feedback" means bug reports, suggestions, balance notes, and other material you deliberately submit to us about the Test through a designated feedback channel. It does not mean every personal conversation, support request, or unrelated item you post in a community channel.
You keep ownership of your contributions. To the extent you have rights to grant, you give the Studio a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, distribute, display, perform, and incorporate Feedback into the Game and our other products and related materials. We may sublicense those rights to providers and partners working on those uses and transfer the license with the relevant product or business. The license lasts for the duration of the relevant intellectual property rights and cannot be withdrawn except where applicable law provides otherwise.
We do not promise payment, credit, use of a suggestion, or another reward for optional Feedback unless separately agreed in writing. Your participation does not itself give you an ownership share in the Studio or Game. Our original work remains ours; incorporating your contribution does not transfer ownership of your pre-existing work to us.
Similar ideas may come from our own development or other people. Similarity alone does not establish infringement. You do not waive a valid legal claim by submitting Feedback.
Only submit material you are entitled to license. Do not send third-party confidential information or substantial third-party code, art, or other protected work without identifying it and obtaining our written agreement first. Commissioned development work or substantial creative assignments require a separate agreement.
To the extent permitted by law, you consent to reasonable editing, adaptation, and use without attribution within the license above. This does not waive moral rights or other rights that cannot lawfully be waived or restricted.
No publicity release. The license does not authorize using your name, likeness, voice, personal details, or identifiable statements as a public endorsement without separate permission. We handle personal information under the Test Privacy Notice and applicable law; an intellectual-property license does not override data-deletion rights or authorize indefinite retention of identifiable data.
We may share Feedback with our development partners and authorized testers for the uses above. Do not submit information you require us to keep confidential unless we have separately agreed to do so. This does not reduce our obligations to protect personal data.
7. Virtual items, rewards, and physical collectibles
Test currency, characters, cosmetics, ranks, and other virtual items are limited permissions to use features within this Test. We do not offer redemption for cash, allow transfer or sale, or promise a market value. They may change or be removed as explained in Section 3. These terms do not extinguish rights that applicable law gives you.
Participation alone does not entitle you to physical collectibles, including E.C.H.O. Coins or F.O.I.L. Cards, or to launch-version items, rewards, discounts, or status. Any reward we offer will have separate clear written terms provided before you qualify. This agreement does not cancel an express reward promise we have made.
8. Personal data and privacy
The Test Privacy Notice must be available before we collect your personal data. It explains the actual information collected by us and our service providers, the purposes and applicable legal bases, recipients, retention, any international transfers, and your privacy choices and rights. It is available at https://eightherastudios.com/privacy-policy and through the Game.
We operate our own analytics for this Test. The Game does not include third-party advertising or voice or chat features. This does not mean that distribution, hosting, or any separate feedback platform collects no information; the notice explains the actual services used.
For this Test, the data described in that notice includes:
- Your email address and the eligibility and acceptance records needed to administer participation.
- Gameplay and technical information such as session activity, crash reports, performance metrics, device model and operating-system version, and in-game actions.
- Feedback and communications you submit to us or through official tester channels.
We use this data to administer, secure, evaluate, and improve the Test and Game and communicate with testers, as specifically explained in the notice. We do not sell your personal data. Service providers may process data for us subject to appropriate contractual and security protections. Distribution and community platforms may separately process information under their own privacy notices; the Test Privacy Notice explains their role and our disclosures to them.
Our own analytics remains subject to applicable privacy and device-access rules. Where consent is required for analytics or other processing, we will request it separately before that processing begins and provide a way to withdraw it. Joining the Test is not agreement to receive unrelated promotional email. Any later addition of advertising, recording, or other materially different collection requires prior notice and any legally required consent. Withdrawing optional consent does not by itself end your participation.
You can contact support@eightherastudios.com to request access, correction, or deletion of your data, or exercise other privacy rights available where you live. We may verify your identity proportionately and will respond within applicable legal deadlines, explaining any lawful exception or refusal and applicable appeal or complaint options. You may contact a competent privacy regulator without first contacting us.
We will not retaliate against you for exercising privacy rights. If you ask us to delete information genuinely necessary to maintain your account, we will explain the consequence and close the account as needed. Requests concerning other data do not automatically terminate access. Ending participation does not remove your privacy rights. Personal data is retained only for the purposes and periods described in the notice and permitted by law.
9. Tester conduct
In the Game and official tester channels:
- Do not harass, threaten, discriminate against, impersonate, or expose private information about others.
- Report bugs and vulnerabilities privately; do not deliberately exploit them to harm other people or systems.
- Do not upload unlawful material or infringe others' rights.
- Follow reasonable, clearly communicated channel rules consistent with this agreement.
Constructive criticism and negative feedback are welcome. Moderation rules do not prohibit protected reviews, complaints, or reports. Report conduct concerns or contest an account decision through support@eightherastudios.com. Suspension and termination are governed by Section 12.
10. Pre-release limitations and responsibility for loss
This is unfinished software. It may have bugs, crash, interrupt play, lose progress, consume battery or mobile data, or affect other device data. Back up important information before installing. These practical cautions do not waive claims for harm for which we are legally responsible.
We do not promise uninterrupted or error-free operation, compatibility with every device, or a particular result from testing. Except for our express commitments and warranties or standards imposed by applicable law, we make no additional warranty about the Test.
We are responsible for reasonably foreseeable loss or damage caused by our breach of this agreement or failure to exercise reasonable care and skill, and for other liability imposed by applicable law. A loss is reasonably foreseeable if it is an obvious consequence or was reasonably contemplated by both parties when the agreement was made.
Where applicable law permits this exclusion, we are not responsible for losses that were not reasonably foreseeable, or business losses from commercial use of this personal-use Test, such as lost business profits or opportunities. A planned reset described in Section 3 is not, by itself, a promise of replacement test items or compensation.
Nothing excludes or limits liability for fraud or fraudulent misrepresentation, deliberate misconduct, gross negligence, death or personal injury caused by negligence, or any liability, consumer remedy, or data-protection remedy that the law does not allow us to exclude or limit. This agreement imposes no fixed monetary cap on those rights or on other recoverable losses. It does not impose a duty on you to indemnify us or pay an automatic penalty.
11. Optional participation
You choose whether and how much to play and whether to submit Feedback. There are no required hours, quotas, or assigned development deliverables under this agreement. You may stop at any time.
Participation is intended as an opportunity to try the Game and share optional feedback. It does not by itself create an employment, agency, partnership, or contractor relationship. This description does not determine your status contrary to applicable law or waive compensation or other rights the law gives you. Any employment, paid testing, or commissioned work requires a separate arrangement.
12. Changes, suspension, and termination
Changes to the agreement
We may propose changes reasonably needed to reflect changes in the Test, our operations, or applicable law. We will provide the updated agreement, explain material changes, and give reasonable advance notice by email or in the Game. Changes do not apply retroactively to disputes or conduct predating their effective date.
Material changes require your affirmative acceptance before they apply to your continued participation. If you decline, you may stop participating; we may end future access if we cannot reasonably continue the Test under the old agreement. Your previously accrued rights remain intact. Urgent operational changes needed for security or legal compliance may take effect immediately, but do not silently amend this agreement. Changes in data processing require the notices, legal basis, and consent applicable to that processing.
Ending participation
You may stop playing at any time without penalty. To withdraw from the Test, uninstall the build and use any available account-closure option or contact support@eightherastudios.com. There is no obligation to keep playing while an account-closure request is processed.
We may end the Test or reduce its scope for reasonable development, resource, security, or legal reasons. We may suspend or end individual access for ineligibility, a material breach, a reasonable security or safety concern, or the end or reduction of a test group. We will act proportionately and give reasonable notice and an explanation when practical. Immediate action may be necessary to protect people or systems or comply with law. For a remediable breach that does not require immediate action, we will ordinarily give an opportunity to correct it. You may request review through the support address.
We will not suspend or terminate access in retaliation for exercising a protected right, and termination does not remove any statutory remedy or express reward entitlement.
What continues
After participation ends, Section 5 continues for its stated periods; licenses validly granted under Section 6 continue for their stated duration; and Sections 7, 8, 10, 11, and 13 continue to the extent needed to give effect to their terms, handle retained data, or resolve accrued rights and claims. The license to use the build ends. No survival clause requires indefinite retention of personal data.
13. General terms and contact
The law and courts applicable to a dispute are determined under the applicable jurisdiction and conflict-of-laws rules. You retain any mandatory consumer protections of your country of habitual residence and any right to bring proceedings in your local courts that applicable law gives you. This agreement does not require arbitration, waive collective remedies, shorten legal claim deadlines, or require you to use a court where applicable law does not require you to bring your claim. You may contact us to seek an informal resolution, but doing so is not a condition of exercising legal rights.
This agreement and any separately agreed written Test or reward terms govern participation. The Test Privacy Notice governs our stated data-handling practices, subject to applicable law; it does not expand the intellectual-property license or operate as a blanket consent. Mandatory platform terms continue to apply to use of those platforms. General channel rules cannot change this agreement or remove protected rights.
If a term is unenforceable, it will not apply to the extent prohibited. The remaining terms continue only insofar as the agreement can lawfully operate without that term. No provision asks a court to rewrite an unfair term to make it enforceable. A delay in enforcing a right does not itself waive it. None of these terms excludes statements or obligations that applicable law makes binding on us.
Contact: Eighth Era Studios Inc.
Email: support@eightherastudios.com
Postal address: 2415 W. Broadway Rd., #40058, Mesa, AZ 85202, United States