TERMS OF USE

Effective date: April 01, 2023

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING ALL OR ANY PORTION OF THE SERVICES YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES. YOUR CONTINUED USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

These terms of use is a legally binding agreement (the “Agreement” or “Terms of Use”) between you and Tatsiana Grigoryeva, an individual entrepreneur residing at ul Stańczyka 11/40, 30-126, Krakow, Krakow, Poland (hereinafter referred to as “Licensor”, “we”, “our” or “us”). This Agreement governs your access to and use of Licensor's mobile games, any updates or upgrades thereto, as well as related services and other subject matter (collectively the “Services”).

To enter into this agreement, you must be at least sixteen (16) years old. You are legally and financially responsible for any and all actions when accessing or using the Services, including the actions performed in or through your account, whether by you or by anyone you allow access to the Services or the account.

LICENSE

If you fully comply with the terms of this agreement, we grant you a personal, non-exclusive, non-transferable, revocable, limited license to install and use the Services worldwide for your own individual, non-commercial, and entertainment purposes. Any commercial use of the Services is strictly prohibited. The Services are licensed to you, not sold. You acknowledge and agree that you do not acquire any ownership rights by using the Services.

We own and reserve all rights, title, and interest in and to the Services, the content and data contained, provided, generated, created, posted, shared, or otherwise made available in or through the Services (the “Content”). Unless otherwise expressly allowed by us, you must obtain our direct permission to create any work of authorship based on the Content.

PAID CONTENT

We may offer you the ability to purchase additional content for a fee (“Paid Content”). Paid Content is licensed to you, not sold. After the respective payment has been received, we will do our best to deliver you the Paid Content without undue delay. Our duty to deliver is considered performed after the respective amount of Paid Content has been delivered to your account.

It is in our sole and absolute discretion to determine the Paid Content and/or other acquirable content purchasing price and sales. You acknowledge and agree that you do not own the Paid Content and that you only acquire a personal, limited, non-exclusive, non-sublicensable, revocable, non-transferable, worldwide license to access and use it. Paid Content cannot be used outside of the Services.

PAYMENTS

We do not handle and are not responsible for handling payment transactions. All payments, transactions, and monetary operations are made by third-party payment service providers or payment processors. By making online purchases, you agree to be bound by their terms and conditions.

Some purchases from Google Play are eligible for a refund, depending on the refund policies. If it’s less than 48 hours since you bought an app or made an in-app purchase, you can request a refund through Google Play. To request a refund, go to https://support.google.com/ and follow the instructions.

USER RULES

While using the Services, you must comply with the terms hereof, its integral parts, and any applicable laws, rules, and regulations in the jurisdiction in which you reside.

We reserve the right to take appropriate measures (including disciplinary measures) to protect, inter alia, us, our subsidiaries, parental companies, affiliates, directors, officers, employees, our software, services, and other subject matter, the reputation and goodwill thereof, at our sole discretion, against inappropriate behavior, regardless of whether such behavior is listed herein. The appropriate measures list is not limited and might be extended at our sole discretion as well, and as for the very date hereof include temporary and permanent bans, account suspension and/or termination and deletion thereof combined. However, we also reserve the right to cancel the measures taken at our sole discretion as well.

The following comprises the list of inappropriate behavior. However, the present list is not exhaustive and for your reference only:

      1. Violation of these Terms of Use or any integral part hereof;

      2. Spamming, trolling, threatening, flaming chat;

      3. Offensive behavior, harassing, fraud, or other threatening;

      4. Transmitting or communicating any content which we reasonably believe to be offensive or forbidden, including language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethically, or otherwise objectionable;

      5. Transmitting or communicating any content using unlawful language, including the Account and/or password or other user identification means, as well as committing other actions which, in our sole and absolute discretion, are deemed to be offensive, including without limitation content, language, or actions that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, or may use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;

      6. Transmitting, using, or communicating cheats, bots (and any other computer program intended for performance of forbidden actions or getting additional advantages), as well as any other computer program or technical means that interfere with normal Services functioning, or aimed at getting additional advantages, which are not provided for by the rules, logics or technical capabilities of the Services;

      7. Boosting services or similar activities.

YOUR RIGHTS AND DUTIES

You must comply with the terms of these Terms of Use in good faith.

You are entitled to perform actions covered by the technical capabilities and logics of the Services. Only use Services for your personal entertainment.

You are entitled to inquire us about defective functioning (technical failures, etc.) if such defective functioning is not caused by your actions, peculiarities of hardware and software used by you, quality of the Internet connection, as well as other circumstances that we are not responsible for.

YOU MUST NOT

Examine Services’ source code, modify or amend it, create new works on its basis.

Mislead us (in particular, over your personality, age, the scope of legal capacity, etc.).

Pass your username and password of the Account, as well as any other login information, to third parties.

Provide third parties (including, but not limited to family members) with a possibility to access the Services with your Account.

Use the Services in any way that interferes or may interfere with the normal functioning.

Make use of defects of the Services’ functioning whether such use results in additional advantages or not.

Violate any of the terms hereof.

WE ARE ENTITLED TO

Limit Services’ functionality or availability fully or partially at our sole discretion. We are not obliged to notify you of such and are not liable for any damage caused to you as the result of limitation of the Services.

Issue a warning regarding the violation of these Terms of Use or immediately terminate or suspend any or all Accounts that are used for accessing the Services in case of violation of the terms of these Terms of Use. We are not obliged to notify you before such termination or suspension.

Nullify your in-game progress and achievements of any kind at any moment for any reason whatsoever without the obligation to notify you.

Change at our sole discretion any and all Services’ parameters (as well as characteristics of Paid Content), including without limitations:

      1. value and usage of the Paid Content;

      2. the amount of fee to be paid for the use of the Paid Content;

      3. the way to determine experience points and other parameters;

      4. ways to interplay with Paid Content;

      5. logics and technical capabilities of the Services;

      6. ways to get access to the Services.

NO WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY ABOUT THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, ERRORLESS OPERATION, OR RELIABILITY OF THE CONTENT OF THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS; THAT ALL THE ABOVE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DOWNLOADING AND USING ANY PART OF THE SERVICES IS AT YOUR DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES OR SUBSIDIARIES WILL NOT BE LIABLE TO YOU FOR ANY PERSONAL INJURY OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DAMAGE CAUSED TO YOUR PROPERTY, LOST DATA OR OTHER INTANGIBLE, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY (AND OUR EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICES.

INDEMNITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR LIMITED AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS FROM AND AGAINST ANY CLAIMS, LAWSUITS, FINES, CHARGES, LIABILITIES, LOSSES, AND COSTS THAT ARISE AS A CONSEQUENCE OF YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE OR ANY INFRINGEMENT BY YOU OF ANY THIRD PARTY’S RIGHTS.

TERMINATION

These Terms of Use are effective until terminated by either party.

We reserve the right to terminate these Terms of Use without further notice, in whole or in part, unilaterally at any time, at our sole discretion.

When we decide to terminate these Terms of Use, your Account will be dissolved, and your right to use the Services, Paid Content, and Content will cease.

FINAL PROVISIONS

These Terms of Use and all its integral parts are regulated by the law of the Republic of Poland.

The invalidity of any provision of these Terms of Use invalidates neither these Terms of Use as a whole nor other provisions thereof.

All disputes arising out of or in connection with these Terms of Use (including but not limited to disputes over the invalidity of these Terms of Use, as well as disputes over interpretation and performance of these Terms of Use) shall be governed by and construed in accordance with the laws of the Republic of Poland. Sole and exclusive venue for any action or proceeding arising under or related to this agreement shall be courts of Poland.

You agree to first inform us of any dispute by sending us a claim at least thirty (30) calendar days prior to any action of yours.

If a dispute is submitted to a court, the winning party is entitled to all reasonable damages connected to the court proceedings (including legal costs).

Non-performance of any provision of these Terms of Use either by us or by you does not constitute a refusal to perform such provision at a present or in the future, neither does it deprive other parties of the right to demand performance of such provision.

If you have any questions, please contact us at keyrush.game@gmail.com