PEAK "Roots" Update: Difference between revisions

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|Company=Aggro Crab, Landfall Games AB

|StartDate=2025-11-05

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==="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:

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'''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.

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'''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.

'''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 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~~.

'''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.

'''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.

'''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.

'''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.

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 ==="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:
@@ Line 22: / Line 24: @@
-'''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.
@@ Line 28: / Line 32: @@
-'''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.
+'''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 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.
+'''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.
-'''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.
+'''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.
 '''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.