PEAK "Roots" Update: Difference between revisions

Latest revision as of 00:12, 30 November 2025

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Background

Peak is a cooperative climbing video game developed and published by Aggro Crab and Landfall for Windows on 16 June 2025.

[Incident]

"Roots" Update

On 5 November 2025, an update was rolled out on Steam that required users who wanted to continue playing the game to agree to an extensive EULA. The EULA contains many clauses that are detrimental to users and may not be legal in certain jurisdictions (such as the UK and EU). Specific clauses of concern include:

Unilateral Right to Disable or Terminate Access Without Notice or Refund

Section 3: "The Publishers reserve the right to disable or block accounts without notice."
Section 6: "THE PUBLISHERS RESERVE THE RIGHT TO ADD, MODIFY, OR DELETE/CANCEL THE GAME, INCLUDING YOUR ACCESS TO THE GAME AT ANY TIME."
Section 13: "THE PUBLISHERS MAY CEASE TO PROVIDE THE GAME... AT ANY TIME FOR ANY REASON WITHOUT PRIOR NOTICE OR LIABILITY... YOU WILL NOT RECEIVE A REFUND OF PAID FEES."

Under UK law (CRA, s.9, s.19), digital content must remain accessible and functional as described at purchase. Revoking access without cause or compensation could breach statutory rights to satisfactory quality and fitness for purpose.

No Refunds for Fees Paid in Advance

Section 8: "ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART."

This clause could deter consumers from seeking legitimate remedies under UK or EU law, such as a refund for loss of access due to an unacceptable EULA change.

Mandatory Updates and Loss of Access for Non-Compliance

Section 10: "THE PUBLISHERS MAY FROM TIME TO TIME UPDATE OR OTHERWISE MODIFY THE GAME... IF YOU DO NOT INSTALL SUCH UPDATES YOU MAY NOT BE ALLOWED TO PROCEED TO PLAY THE GAME... YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION."

Requiring mandatory updates that may alter "terms, conditions, features, items, mechanics, or any other element" and denying access (and refunds) for non-compliance is potentially unfair.

Broad Disclaimer of Warranties and Liability

Section 14: "THE GAME IS PROVIDED... ON AN 'AS IS' AND 'AS AVAILABLE' BASIS... THE PUBLISHERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING... MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT." Section 15: "THE PUBLISHERS SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE GAME... YOU EXPRESSLY ACKNOWLEDGE... THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU."

These clauses attempt to exclude liability for the game's performance, quality, or functionality, which directly contradicts CRA (s.9, s.34) requirements that digital content be of satisfactory quality, fit for purpose, and as described. UK and EU law prohibits excluding or limiting statutory consumer rights in digital content contracts.

Unilateral Modification of the EULA

Section 32: "The Publishers reserve the right, at its discretion, to update or revise this EULA at any time... Your continued playing of the Game constitutes Your binding acceptance of this EULA, including any changes or modifications."

Allowing the publishers to unilaterally modify the EULA and deem continued play as acceptance is problematic under UK and EU law. For example, CRA (s.62) and Unfair Terms Regulations consider such terms unfair if they bind consumers to unknown future changes without genuine consent or the ability to exit without penalty.

Arbitration and Class Action Waiver

- Section 26: Mandatory arbitration for claims under $10,000 for US users. - Section 28: "YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION... MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING."

While these Sections only apply to US users, and are not enforceable in the EU or UK, these Sections could mislead UK and EU consumers into believing they have fewer rights, deterring them from pursuing statutory remedies like refunds or damages.

One-Year Limitation on Claims

Section 29: "ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS END USER LICENSE AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED UNLESS OTHERWISE REQUIRED BY A MANDATORY LAW OF ANY JURISDICTION."

Again, whilst this section is not enforceable in the EU or UK, it could mislead UK and EU consumers into believing they only have one year to pursue any remedies for e.g. loss of access, deterring them from pursuing statutory remedies like refunds or damages. UK consumers, for example, can rely on the 6-year limitation period under UK law.

Broad Indemnification Requirements

Section 12: "Your access to and/or playing of the Game constitutes Your agreement to defend, indemnify, and hold harmless the Publishers... from and against any actions, claims, demands, liability and expenses... arising out of Your use or misuse of the Game including related services by a third party with the use of Your account."

Requiring consumers to indemnify the publishers for third-party claims arising from account use (e.g., if someone else uses your account) is overly burdensome.

Governing Law and Jurisdiction

Section 30(a): "If You are located outside of the United States of America this Agreement shall be governed by and construed in accordance with the laws of Sweden... with the district court of Solna (Solna Tingsrätt) as first venue.

Requiring consumers to litigate in Swedish courts under Swedish law could be a practical barrier to enforcing rights, as it increases costs and complexity. While CRA (s.62) and EU-derived laws (e.g., Brussels Regulation) allow UK consumers to pursue claims in UK courts for consumer contracts, this clause could mislead or deter them.

Overall, these EULA terms are excessive when compared with other small indie games, which typically don't even have EULAs.

[Company]'s response

If applicable, add the proposed solution to the issues by the company.

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Lawsuit

If applicable, add any information regarding litigation around the incident here.

Claims

Main claims of the suit.

Rebuttal

The response of the company or counterclaims.

Outcome

The outcome of the suit, if any.

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Consumer response

Summary and key issues of prevailing sentiment from the consumers and commentators that can be documented via articles, emails to support, reviews and forum posts.

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References

Add a category with the same name as the product, service, website, software, product line or company that this article is about.

The "Incidents" category is not needed.

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@@ Line 1: / Line 1: @@
-{{IncidentCargo
+{{Irrelevant}}
+{{ToneWarning}}{{IncidentCargo
 |Company=Aggro Crab, Landfall Games AB
 |StartDate=2025-11-05
@@ Line 7: / Line 8: @@
 |Description=On 5 November 2025, an update was rolled out on Steam that required users who wanted to continue playing the game to agree to an extensive EULA.
 }}
-{{Ph-I-Int}}
 ==Background==
 Peak is a cooperative climbing video game developed and published by Aggro Crab and Landfall for Windows on 16 June 2025.
 ==[Incident]==
-=== "Roots" Update ===
+==="Roots" Update===
 On 5 November 2025, an update was rolled out on Steam that required users who wanted to continue playing the game to agree to an extensive [https://store.steampowered.com/eula/3527290_eula_0 EULA]. The EULA contains many clauses that are detrimental to users and may not be legal in certain jurisdictions (such as the UK and EU). Specific clauses of concern include:
 '''Unilateral Right to Disable or Terminate Access Without Notice or Refund'''<blockquote>Section 3: "The Publishers reserve the right to disable or block accounts without notice."
@@ Line 21: / Line 23: @@
 Section 13: "THE PUBLISHERS MAY CEASE TO PROVIDE THE GAME... AT ANY TIME FOR ANY REASON WITHOUT PRIOR NOTICE OR LIABILITY... YOU WILL NOT RECEIVE A REFUND OF PAID FEES."</blockquote>Under UK law (CRA, s.9, s.19), digital content must remain accessible and functional as described at purchase. Revoking access without cause or compensation could breach statutory rights to satisfactory quality and fitness for purpose.
-'''No Refunds for Fees Paid in Advance'''<blockquote>Section 8: "ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART."</blockquote>This clause could deter consumers from seeking legitimate remedies under UK law, such as a refund for loss of access due to an unacceptable EULA change.
+'''No Refunds for Fees Paid in Advance'''<blockquote>Section 8: "ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART."</blockquote>This clause could deter consumers from seeking legitimate remedies under UK or EU law, such as a refund for loss of access due to an unacceptable EULA change.
 '''Mandatory Updates and Loss of Access for Non-Compliance'''<blockquote>Section 10: "THE PUBLISHERS MAY FROM TIME TO TIME UPDATE OR OTHERWISE MODIFY THE GAME... IF YOU DO NOT INSTALL SUCH UPDATES YOU MAY NOT BE ALLOWED TO PROCEED TO PLAY THE GAME... YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION."</blockquote>Requiring mandatory updates that may alter "terms, conditions, features, items, mechanics, or any other element" and denying access (and refunds) for non-compliance is potentially unfair.
-'''Broad Disclaimer of Warranties and Liability'''<blockquote>Section 14: "THE GAME IS PROVIDED... ON AN 'AS IS' AND 'AS AVAILABLE' BASIS... THE PUBLISHERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING... MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT." Section 15: "THE PUBLISHERS SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE GAME... YOU EXPRESSLY ACKNOWLEDGE... THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU."</blockquote>These clauses attempt to exclude liability for the game's performance, quality, or functionality, which directly contradicts CRA (s.9, s.34) requirements that digital content be of satisfactory quality, fit for purpose, and as described. UK law prohibits excluding or limiting statutory consumer rights in digital content contracts.
-'''Unilateral Modification of the EULA'''<blockquote>Section 32: "The Publishers reserve the right, at its discretion, to update or revise this EULA at any time... Your continued playing of the Game constitutes Your binding acceptance of this EULA, including any changes or modifications."</blockquote>Allowing the publishers to unilaterally modify the EULA and deem continued play as acceptance is problematic under UK law. CRA (s.62) and Unfair Terms Regulations consider such terms unfair if they bind consumers to unknown future changes without genuine consent or the ability to exit without penalty.
-'''Arbitration and Class Action Waiver'''<blockquote>- Section 26: Mandatory arbitration for claims under $10,000 for US users. - Section 28: "YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION... MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING."</blockquote>While these Sections only apply to US users, and are not enforceable in the EU or UK, these Sections could mislead EU and UK consumers into believing they have fewer rights, deterring them from pursuing statutory remedies like refunds or damages.
+'''Broad Disclaimer of Warranties and Liability'''<blockquote>Section 14: "THE GAME IS PROVIDED... ON AN 'AS IS' AND 'AS AVAILABLE' BASIS... THE PUBLISHERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING... MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT." Section 15: "THE PUBLISHERS SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE GAME... YOU EXPRESSLY ACKNOWLEDGE... THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU."</blockquote>These clauses attempt to exclude liability for the game's performance, quality, or functionality, which directly contradicts CRA (s.9, s.34) requirements that digital content be of satisfactory quality, fit for purpose, and as described. UK and EU law prohibits excluding or limiting statutory consumer rights in digital content contracts.
+'''Unilateral Modification of the EULA'''<blockquote>Section 32: "The Publishers reserve the right, at its discretion, to update or revise this EULA at any time... Your continued playing of the Game constitutes Your binding acceptance of this EULA, including any changes or modifications."</blockquote>Allowing the publishers to unilaterally modify the EULA and deem continued play as acceptance is problematic under UK and EU law. For example, CRA (s.62) and Unfair Terms Regulations consider such terms unfair if they bind consumers to unknown future changes without genuine consent or the ability to exit without penalty.
+'''Arbitration and Class Action Waiver'''<blockquote>- Section 26: Mandatory arbitration for claims under $10,000 for US users. - Section 28: "YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION... MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING."</blockquote>While these Sections only apply to US users, and are not enforceable in the EU or UK, these Sections could mislead UK and EU consumers into believing they have fewer rights, deterring them from pursuing statutory remedies like refunds or damages.
+'''One-Year Limitation on Claims'''<blockquote>Section 29: "ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS END USER LICENSE AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED UNLESS OTHERWISE REQUIRED BY A MANDATORY LAW OF ANY JURISDICTION."</blockquote>Again, whilst this section is not enforceable in the EU or UK, it could mislead UK and EU consumers into believing they only have one year to pursue any remedies for e.g. loss of access, deterring them from pursuing statutory remedies like refunds or damages. UK consumers, for example, can rely on the 6-year limitation period under UK law.
-'''One-Year Limitation on Claims'''<blockquote>Section 29: "ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS END USER LICENSE AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED UNLESS OTHERWISE REQUIRED BY A MANDATORY LAW OF ANY JURISDICTION."</blockquote>Again, whilst this section is not enforceable in the EU or UK, it Sections could mislead EU or UK consumers into believing they only have one year to pursue any remedies for e.g. loss of access, deterring them from pursuing statutory remedies like refunds or damages. UK consumers, for example, can rely on the 6-year limitation period under UK law.
 '''Broad Indemnification Requirements'''<blockquote>Section 12: "Your access to and/or playing of the Game constitutes Your agreement to defend, indemnify, and hold harmless the Publishers... from and against any actions, claims, demands, liability and expenses... arising out of Your use or misuse of the Game including related services by a third party with the use of Your account."</blockquote>Requiring consumers to indemnify the publishers for third-party claims arising from account use (e.g., if someone else uses your account) is overly burdensome.
 '''Governing Law and Jurisdiction'''<blockquote>Section 30(a): "If You are located outside of the United States of America this Agreement shall be governed by and construed in accordance with the laws of Sweden... with the district court of Solna (Solna Tingsrätt) as first venue.</blockquote>Requiring consumers to litigate in Swedish courts under Swedish law could be a practical barrier to enforcing rights, as it increases costs and complexity. While CRA (s.62) and EU-derived laws (e.g., Brussels Regulation) allow UK consumers to pursue claims in UK courts for consumer contracts, this clause could mislead or deter them.