END-USER LICENSE AGREEMENT
This document was last updated on 02/07/2018.
You can find our Privacy Statement here.
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY DOWNLOADING, InSTALLING AND/OR USING the app and making IN-APP purchases YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS STOP USING THE APP AND UNINSTALL IT, AS WELL AS DO NOT proceed to MAKE IN-APP PURCHASES.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We Veraxen Ltd., a private company limited by shares incorporated under the laws of the Republic of Cyprus (Company, we or us), duly registered in the relevant Companies Register kept at the Department of Registrar of Companies and Official Receiver of the Republic of Cyprus with registration number HE 361858, whose registered office is located at Archiepiskopou Kyprianou, 2, and Zakinthou, Office 101, 6016, Larnaca, Cyprus, license you to use:
The App, i.e mobile application software (excluding the object code and source code), the data supplied with this software, and any updates or supplements to it. The term “App” means one of the Company’s apps which is downloaded and/or installed by you and which you intent to use. A complete list of the Company’s apps and operation system requirements for them can be found in the Exhibit A.
The related online or electronic documentation (“the Documentation”).
as permitted in these terms.
We take our responsibilities as a provider of app-based games seriously. This means that, in particular, we will:
give you clear and accurate information on costs, the game and add-ons;
make it clear where there is an in-game promotion of paid-for content or promotion of any other product or service;
make sure that paid-for and non-paid-for options are presented clearly and given equal prominence;
not exploit or pressurise any game-players who are children to make a purchase or persuade others to make purchases for them and,
only take payments from you with your knowledge and express authorisation.
We only use any personal data we collect through your use of the App in the ways set out in our Privacy Statement.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
ADDITIONAL TERMS FOR SPECIFIC SERVICES
Our App may be installed and/or downloaded on mobile phones, tablets and other portable or handheld devices (“the Devices”). When you download, install or use our App on any such device, as well as when you purchase any content available therein (“in-App content”), you agree to be bound by and adhere to the present End – User License Agreement specifically governing and regulating the use of the App, as well as our Privacy Statement. These documents constitute the entire agreement between our Company and you.
Apps developed by us may be available for downloading and installation on a number of online platforms, or online application stores (“App Stores”) including, without limitation, AppStore and Google Play, in respect of which independent sets of terms and conditions of use apply regarding use of their respective services.
When you download, install or use our App via such App Stores, the ways in which you use the aforesaid App and Documentation shall also be governed and regulated by the respective App Store’s Terms and Conditions of Use which shall apply in addition to our Privacy Statement and our End–User License Agreement. In the event that there is any discrepancy between the respective App Store’s Terms and Conditions of Use and the present End–User License Agreement and our Privacy Statement, the respective App Store’s Terms and Conditions of Use shall apply.
Built-in User Support Service addressing user requests provided by ZENDESK (Zendesk, Inc.)
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or have any problems using it please contact us through the web-form located here.
Contacting us (including with complaints). If you think the App is faulty or misdescribed or wish to contact Us for any other reason please email our customer service team.
How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us.
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
download a copy of the App onto an unlimited number of Devices and view, use and display the App on such devices for your personal purposes only. In addition you may share the App and the Service in accordance with the rules set out in Apple AppStore Rules on Family Sharing.
use any Documentation to support your permitted use of the App and the Service.
provided you comply with the LICENCE RESTRICTIONS, make copies of the App and of the Documentation for back-up purposes; and
receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App as set out above (HOW YOU MAY USE THE APP). Whilst you may have sharing rights as set out above, you may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
USE OF USER COMMENTS OR REVIEWS
For the purposes of promoting the App, we may also wish to use any comments or reviews that you may make on the App’s official page on the App Stores or on various social networking sites (“the Social Networks”) or sent to our customer service team via email. We will always ask for your express, unambiguous consent before using any of your comments or material uploaded, posted or otherwise shared by you on the App’s official page on the App Stores or on such Social Networks or sent to our customer service team via email. In the event that you authorize us to do so, we may use your comments or reviews in full or in part and we may also use your name, user or profile name on the Social Network in question. You may revoke your consent authorizing us to use your personal information in this manner at any time by contacting us. In the event that you elect to exercise your right to revoke your consent regarding use of your personal information in this way, we undertake to erase and/or delete any such personal information from our records.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will notify you of a change when you next start the App.
If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you.
UPDATE TO THE APP
From time to time we may provide an update of the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download the App onto any phone or other Device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other Device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products, as stipulated in our Privacy Statement.
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
We may also use GPS technology and/or other relevant technologies to determine an approximation or estimation of your current location. We do not collect information from your device or from any third party in the course of calculating your estimated location, but some of our location-enabled services require your personal data (such as your IP address) for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. By consenting to the use of this feature you authorize us and our affiliates, subcontractors and licensees for transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You can withdraw your consent at any time by turning off the location services settings on your Device.
MARKETING AND THIRD-PARTY CONTENT
Our App is made available free of charge. The App may host third-party content or material such as advertisements of generic nature not specifically tailored to match your individual preferences. Such third-party content is hosted by default and we do not share your personal information with such third parties. However, provided that we receive your express, prior consent, we may share your information with carefully selected third parties whose products or services we believe may be of interest to you, in which case the advertisements appearing on the App may be related to your particular preferences. If, after having provided such express authorization for the sharing of your personal information by us in this way, you have changed your mind, you can always revoke such authorization to prevent us from disclosing your information in this manner by changing the advertising preferences on your Device, as well as turn off the Advertising Tracking feature on it.
Alternatively, if you wish to use the App without having to view such third-party content at all, you may block it via making an in-app purchase.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App may contain links to other independent websites or applications which are not provided by us. Such independent websites or applications are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
except in the course of permitted sharing (see HOW YOU MAY USE THE APP) not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
not copy the App, Documentation, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation nor permit the App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (hereinafter ‘the Permitted Objective’), and provided that the information obtained by you during such activities:
is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
is not used to create any software that is substantially similar in its expression to the App;
is kept secure; and
is used only for the Permitted Objective;
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
ACCEPTABLE USE RESTRICTIONS
not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App, including by the submission of any material (to the extent that such use is not licensed by these terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from the App, any Service or our systems or attempt to decipher any transmissions to or from the servers running the App or any Service.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation other than the right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App. The App is provided for entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.
Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the App Store site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our support for the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
WE MAY END YOUR RIGHTS TO USE THE APP IF YOU BREAK THESE TERMS
We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App:
You must stop all activities authorised by these terms, including your use of the App.
You must uninstall, delete or remove the App from all Devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
We may remotely access your Devices and remove the App from them.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. In order to safeguard your rights emanating from this Agreement, we have entered into Non-Disclosure Agreements (NDAs) and/or Data Protection Agreements (DPAs) with all our subcontractors in order to ensure that your personal information remains confidential and obtains an adequate level of protection.
We may also share your personal information with third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in our Privacy Statement.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS AGREEMENT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
APPLICABLE LAW AND JURISDICTION
The validity, construction and performance of the present agreement shall be governed by the laws of the Republic of Cyprus and applicable EU laws and regulations. Any dispute arising or relating to this agreement shall be subject to the non-exclusive jurisdiction of the courts of the Republic of Cyprus. If you are contracting as a consumer, nothing in this agreement shall affect your statutory rights as such.
ALTERNATIVE DISPUTE RESOLUTION
Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
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