EFFECTIVE DATE: 19 March 2025
These Terms and Conditions (the “Terms” or this “Agreement”) tell you the terms on which you may make use of:
and the contents and services available through them, as updated or added to from time to time.
In these Terms, we refer to our Site, the Wallet, and the Game collectively as the “Platform”. The Platform is owned and operated by Spell Labs LLC, a limited liability company registered in the State of Florida with its registered office at 11850, N Baypoint Circle, Parkland, FL, 33076 (the “Company”, “we”, “us” or “our”).
The Terms form a binding agreement between the Company and you, as an individual user (“you”, “your” or “User”) for your individual usage of the Platform. By registering for and downloading the App, you confirm your acceptance of this Agreement and our associated Privacy Policy. If you do not agree to these Terms, you must immediately uninstall the App and cease using the App.
Securities Disclaimer: No material or any other information that may be made available in the App or Site shall constitute or be construed as a recommendation, endorsement, offer, invitation or solicitation to enter into any transaction with or purchase any product, or otherwise deal with securities, crypto assets or other products. You further understand that none of the information providers, including any Third-Party Providers (as defined below) are advising you personally concerning the nature, potential, value or suitability of any particular security or crypto asset, portfolio of securities or crypto assets, transaction, investment strategy or other matter, and any information provided is not tailored to the investment needs of any specific person. You understand that an investment in any security or crypto asset is subject to a number of risks and that discussions of any security or crypto asset published in the App may not contain a list or description of relevant risk factors. Please note that markets change continuously, so any information, content, Third-Party Content (as defined below) or other material provided on or through the App or Site may not be complete or current, or may be superseded by more current information. You rely on such information at your own risk.
No Professional or Investment Advice: The information provided within the App or Site, including any content related to mana, quests, NFTs, or other functionalities, is for informational purposes only. Our App or Site is not intended to provide tax, legal, insurance, or investment advice, and nothing in the App or Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security or crypto asset by the Company. You alone are solely responsible for determining whether any investment, security, strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
License Disclaimer: Company is not regulated by any financial or governmental authority. As a decentralized platform, it does not fall under the purview of traditional banking or financial regulations. Users should know that the protections and safeguards typically associated with regulated financial institutions do not apply to the Company.
Unless otherwise defined or the context otherwise requires, all capitalized terms shall have the meaning given to them in these Terms:
1) “Account” means the account established by a User who has downloaded the
App or accessed the Site and registered with the Company to use the Platform.
2) “App” means the mobile application provided by the Company to access the
services provided through the App or Site.
3) “Authorized Individual” means any person that is authorized to access
and use the Platform on behalf of a User.
4) “Biometric Authentication” means the identity authentication function
using biometric credentials including fingerprint, facial recognition, or any other
biometric data, as we may permit from time to time.
5) “Digital Assets” means Solana, Bitcoin, Ether, or other crypto or
digital assets or currencies.
6) “Digital Platforms” refers to third-party distribution platforms where
mobile applications or other software programs can be accessed or downloaded, including, but
not limited to, the Apple App Store and Google Play.
7) “Governmental Authority” means any nation or government or any province
or state or any other political subdivision thereof, or any entity, authority or body
exercising executive, legislative, judicial, regulatory or administrative functions of or
pertaining to government, including any government authority, agency, department, board,
commission or instrumentality or any political subdivision thereof, any court, tribunal or
arbitrator, and any self-regulatory organization.
8) “Material” means any offering material, term sheet, market data,
research report, product or service documentation or any other information provided through
the Platform.
9) “Personal Information” refers to information supplied by a User from
which the identity of such User may be directly or indirectly ascertained.
10) “Privacy Policy” means the additional terms and conditions governing
the collection, use and disclosure of each User’s Personal Information,
as set out here. Each User must read and agree
to the Privacy Policy in order to use the App or the Site
11) “Service Notifications” are one-way notifications from the Company
(which may include security-related notifications) via text message or emails and, where
applicable, push notifications through the Site. These notifications are sent to the User in
respect of certain information or events relating to an Account.
12) “Third Party Account” means a separate services account that a User
establishes with a Third-Party Services Provider.
13) “Third-Party Services” means any service, asset, product or feature
accessible through the App, wich is not provided, issued, operated, or maintained by the
Company, such as Digital Assets, information services and/or any other service identified as
a third-party service in these Terms.
14) “Third-Party Services Provider” means any person (not beeing the
Company or its’ affiliate) providing, issuing, operating or maintaining Third-Party
Services.
15) “User” means any person that has registered with the Company to use the
Platform and any Authorized Individual acting on their behalf.
16) “User Credentials” means the set of user identification, password,
personal identification number, token, and any other information or device provided to a
User to access the Platform.
We reserve the right at any time to:
1) modify, update or change the terms and conditions of this Agreement or our Privacy
Policy;
2) modify, update, or change the Site and App, including eliminating or discontinuing any
content or feature of the Site or App; or
3) impose fees, charges or other conditions for use of the Platform or parts thereof (with
reasonable notice) (all of the foregoing referred to as “Changes”).
We may make such Changes at any time without prior notice (except as noted in subsection (c) above). Any Changes to this Agreement may be posted on our website or notified to you through push notifications through the Site or an email to the email address in your Account. For this reason, you should check our website regularly, allow the Site to receive such push notifications, and keep your email address and other contact information up to date in the Account. You accept any Changes if you continue to use the Site and App after such Changes are effected.
The App may be available for download from one or more Digital Platforms. Your download, installation, access to or use of the App is also bound by the terms and conditions and privacy policies of the applicable Digital Platform (the “Digital Platform Terms”). If there is any conflict between these Terms and the Digital Platform Terms, then these Terms will prevail.
The App is independent of and is not associated, affiliated, sponsored, endorsed or in any way linked to any Digital Platform. You and we acknowledge that this Agreement is entered into between you and us only, and not with any Digital Platform, and we, not the Digital Platform, are solely responsible for the App and the content thereof to the extent specified in this Agreement.
You and we acknowledge and agree that the relevant Digital Platform, and that Digital Platform’s subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, that Digital Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
You may use the Platform if you are of the age of majority in your jurisdiction of residence (if this is higher) and are not prohibited from using the Platform under applicable law. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms, and to abide by and comply with these Terms. You must register with the Company to use the Platform; you agree to provide complete and accurate information when registering to use the Platform and to keep that information updated.
We have the sole discretion to accept or reject your registration with the Platform. Only Users whose registrations are approved by us will be our customers.
We and/or our licensors retain all rights, title, and interest in and to all intellectual property associated with the Company, including but not limited to trademarks, logos, software, and any associated content. This intellectual property is protected by applicable laws, including copyright, trademark, and patent laws.
The Platform may provide you access to content, information, quote, videos, photos or other materials (the “Third-Party Content”) supplied by certain third parties (the “Third-Party Content Providers”). The Company does not endorse or recommend, and is not responsible for verifying the accuracy, validity or completeness of any Third-Party Content provided through the Platform. Your use or reliance on such Third-Party Content is at your sole risk. All title, ownership rights, and intellectual property rights in or relating to the Third-Party Content will remain with the applicable Third-Party Content Provider. Nothing on the Site or App will be construed as conferring on any User any license, save as expressly set out herein, of any Third-Party Content Provider’s title, ownership rights and/or intellectual property rights, whether by estoppel, implication, or otherwise.
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for personal, non-commercial purposes. This license does not permit you to:
In order to use the Platform, you must create an Account. You are responsible for all uses of your Account whether by you or a third party. You should ensure that you use your personal email for verification of your account and a strong password (if applicable) for your Account and that the details of your password are kept confidential and secure at all times.
You must not select as your username a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You must not transfer your Account to anyone else without our prior written permission.
Please review your Account regularly. If you identify any erroneous transaction or unexpected activity on your Account, or you believe that the security of your Account has been compromised, you must let us know as soon as possible.
The Account is not a bank account and the Digital Assets held in the Account are not deposits or other financial products. Except as otherwise permitted by the Platform, no interest will be paid on any funds or Digital Assets under your Account, and all Digital Assets that are directly held by us for your benefit are not insured by any Governmental Authority.
In certain services, including swaps, you may view, have access to, and may use the informational content, products, or services of one or more third parties (“Third-Party Content”). In each such case, you agree that you view, access or use such content and services at your own election. Your reliance on any Third-Party Content and use of Third-Party Services in connection with the Platform is governed on one hand by this Agreement but, on the other hand, will also generally be subject to separate terms and conditions set forth by the applicable third-party content and/or service provider. Those terms and conditions may involve separate fees and charges or may include disclaimers or risk warnings about reliance on or the accuracy of any information. Such terms may also apply a privacy policy different than that which the Company maintains and incorporates into this Agreement. It is your responsibility to understand the terms and conditions of Third-Party Services, including how those service providers use any of your information under their privacy policies.
Third-Party Content and Third-Party Services are provided for your convenience only. We do not verify, curate, or control Third-Party Content. We do not control Third-Party Services. As a result, we do not guarantee, endorse, or recommend such content or services to any or all users of the Platform, or the use of such content or services for any particular purpose. You access, rely upon or use any Third-Party Content or Third-Party Service at your own risk. The Company disclaims all responsibility and liability for any losses on Account of your reliance upon or use of such content or services. We have no responsibility for Third-Party Content that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable to you or under the law in your jurisdiction. The choice to rely on Third-Party Content or to use a Third-Party Service is your own, and you are solely responsible for ensuring that your reliance or use is in compliance with all applicable laws. Dealing or correspondence with any third party that provides such content or services is solely between you and that third party. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on the use of any Third-Party Service at any time without notice.
You may be offered the ability to register and establish a Third-Party Account with a Third-Party Services Provider. Such Third-Party Account shall be subject to terms and conditions and policies established by Third-Party Services Provider for such Third-Party Account (“Third-Party Services Provider Terms”).
You should read the Third-Party Services Provider Terms carefully before opening a Third-Party Account with such Third-Party Services Provider. If you do not agree to the Third-Party Services Provider Terms, you should not register and open the Third-Party Account with it. All trades and other transactions conducted through the Third-Party Account will be subject to the Third-Party Services Provider Terms. In addition, you understand and agree that:
1) The Company will act solely as the platform administrator and service provider for the
Third-Party Service Provider in terms of the Third-Party Accounts. As such, the Company may
collect your Personal Information and other information on behalf of the Third-Party
Services Provider in the process of opening the Third-Party Account and providing the
Platform for transactions conducted through the Third-Party Account. Such Personal
Information will be processed by the Company in accordance with its Privacy Policy and will
be shared with the Third-Party Services Provider, which will process such Personal
Information in accordance with its own privacy policy.
2) The Company is not offering such Third-Party Account to you and has no responsibility or
liability for such Third-Party Account or any transactions conducted through the Third-Party
Account, or for any acts or omissions of the Third-Party Services Provider with respect to
the Third-Party Accounts, Third-Party Services Provider Terms, or their processing of your
Personal Information. The Company shall not be responsible for the transactions conducted by
you or your Authorized Individuals with respect to your Third-Party Account. All inquiries
and questions regarding the trading activities or other services with respect to the
Third-Party Accounts that you submit to us will be directed by the Company to Third-Party
Services Provider.
There is no charge to download the App or Game and register as a User, but we may charge for certain in-app purchases and other features as we may specify from time to time.
You may be charged transactions and other fees in connection with your Third-Party Account. Any such fees are specified in the Third-Party Services Provider Terms. We have no responsibility or liability for any fees or other costs or charges you may incur in connection with such Third-Party Account.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments (“Taxes”), that may arise as a result of your use of the Platform.
It is your responsibility to provide any necessary information to the relevant tax authorities in your jurisdiction in relation to these Taxes.
As a condition to using the App or Site, you agree not to use the App or Site in ways that:
By using the Platform, you further represent, warrant and covenant that:
You may not use, export, import, or transfer the Site or App except as authorized by U.S. law, the laws of the jurisdiction in which you use, export, import, or transfer the Site or App, and any other applicable laws. In particular, but without limitation, the Platform may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Platform, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Platform for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by the Company are subject to the export control laws and regulations of the United States. You will comply with these laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer Our products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations
We may use authentication or verification technologies, services or measures as we deem desirable or appropriate. Such measures may include multi-factor authentication or use of Biometric Information to access the App. There can be no assurance that such authentication technologies, services or measures will be completely secure, adequate or successful to prevent unauthorized access to or use of the Account.
We may offer access to the App using a mobile device by using Biometric Authentication. The User acknowledges that by enabling Biometric Authentication for the App, unauthorized third parties can gain access to the App without entering User Credential and query banking information. The User acknowledges and accepts the risks and obligations associated with using the App in conjunction with Biometric Authentication, and, in particular, also the risk of third parties querying their Account information. By choosing to use Biometric Authentication on the User’s mobile device, the User consents to the collection and use of such Biometric Information in order to provide access to App in accordance with these Terms and the Privacy Policy. The User further is relying on the functionality provided by the hardware and the operating system on the mobile device. We shall not be liable for any malfunction, error, inaccuracy or unauthorized access to a User’s Biometric Information.
While we employ reasonable security measures to protect the security and confidentiality of the Platform and your Personal Information in accordance with applicable law, we cannot guarantee the security of all transmissions or any network or system on which your Personal Information or account or transaction information is stored or processed. To the extent required by law, we will notify you of an unauthorized access, use or disclosure of your Personal Information of which we become aware. In the event you receive such notice, you are responsible for following the instructions set forth in the notice, including immediately changing your User Credentials and other steps to prevent unauthorized access to your account or Personal Information.
Upon registration, the User shall provide a valid email address. The Company will send a one-time password (“OTP”) to the provided email for verification. Once verified, the User will be prompted to set a password to access their Account. These User Credentials are unique to each User and must not be shared. The User shall promptly acknowledge receipt of the OTP and ensure the security of their User Credentials.
Each User acknowledges that each set of User Credentials is non-transferable and shall only be used by the User to whom it is issued. Such User Credentials shall not be disclosed to or transfer to any third person without written permission of the Company. We will never ask you, for any reason, whether by email, regular mail or telephone, to disclose your User Credentials. Password inquiries will only be conducted online and only after you have signed onto the Platform. We will never send you embedded links in an email requesting that you sign onto the Platform by clicking such a link. If you receive an embedded link by email, claiming to be from us you shall not open or click on the link. The email is not from us and is likely fraudulent.
Each User shall:
You shall be responsible and liable for all actions through such access by an Authorized Individual authorized to access the Platform on your behalf. The Company shall not be obliged in any manner to investigate or take any other step to verify the identity of any User or Authorized Individual. The Company shall not be liable for any loss that you may incur as a result of someone else using your User Credentials or Account, either with or without your knowledge.
The Wallet is a non-custodial wallet that allows you to receive and store Digital Assets. You can use the Wallet to hold the specific Digital Assets that are supported by us from time to time (“Supported Digital Assets”). We may also add functionality on the Wallet to add other Supported Digital Assets. We will always let you know, within the App, what types of Digital Assets are supported.
NOTE YOU MUST ALWAYS ENSURE THE DIGITAL ASSETS YOU SEND TO YOUR WALLET ARE SUPPORTED BY THE APP. SENDING DIGITAL ASSETS WHICH ARE NOT SUPPORTED TO YOUR WALLET MAY RESULT IN TOTAL LOSS OF YOUR DIGITAL ASSETS. YOU ACKNOWLEDGE THIS RISK AND AGREE THAT WE WILL HAVE NO LIABILITY IF YOUR DIGITAL ASSETS ARE LOST. YOU FURTHER ACKNOWLEDGE THAT WE HAVE NO ABILITY TO RECOVER YOUR DIGITAL ASSETS IN THESE SITUATIONS.
Information relating to the Supported Digital Assets will be published on the App. We may add or remove a Supported Digital Assets in our absolute discretion. If we remove a Supported Digital Assets we will notify you and you must withdraw your balance of such Supported Digital Assets within 30 (thirty) days. After this period, the balance will be unavailable for withdrawal via the App.
Under no circumstances should you attempt to carry out a Wallet transaction in relation to a cryptocurrency other than a Supported Digital Assets. Before completing any Wallet transaction, you should therefore ensure that the cryptocurrencies are current in the list of Supported Digital Assets. In particular, you accept and agree that you will have no access, entitlement or claim:
You may receive Supported Digital Assets into your Wallet by providing the sender with a receive address of your Wallet. Your Wallet will only be credited with the Supported Digital Assets sent to a receive address of your Wallet and associated with that Supported Digital Assets.
You understand that the Wallet is a non-custodial wallet, and is a technology tool only to enable you to access your cryptocurrencies held at your wallet address. You may use other technology tools to access your cryptocurrencies held at your wallet address.
By accessing and using the Platform, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of Digital Assets. You further understand that the markets for these Digital Assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your Digital Assets, or any Digital Assets you acquire, including through a third-party exchange accessed via swaps may lose some or all of their value and you may suffer loss due to the fluctuation of prices of tokens and/or significant price slippage and cost. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks and that we cannot be held liable for any resulting losses that you experience while accessing or using the Platform.
As part of the Platform, Personal Information of the User may be collected, used, transferred, disclosed or otherwise processed by the Company in accordance with the Privacy Policy. You should read the Privacy Policy carefully before registering for and using the Platform. You consent to the collection, use and disclosure of your Personal Information in accordance with these Terms and the Privacy Policy, including without limitation, disclosure to the Third-Party Services Provider for purposes of providing services and conducting transactions in regards to the Account.
You agree to provide true, accurate, current and complete Personal Information. You further agree to maintain and promptly update the Personal Information to keep it true, accurate, current and complete at all times during the term of this Agreement.
You must promptly inform us of all changes, including, but not limited to, changes in the Personal Information in connection with the Platform. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate the Account and refuse any and all current or future use of the Platform by you, as well as subject you to civil liability or refer you to the appropriate law enforcement authorities for criminal prosecution. We shall not be liable to make any compensation, monetary or otherwise, following such suspension, termination or inability for you to use the Platform.
You shall comply with any reasonable requests by us for information, documents and agreements related to any transaction or your use of the Platform. You understand that we may report such information to such regulatory authorities as we deem necessary pursuant to the Privacy Policy.
Please note that we may collect information using tracking technologies regarding your device, such as IP address, network provider, mobile carrier, mobile browser type, timestamp, time zone, information about the speed, bearing, orientation, and altitude of a device, or other device-identifying information. The User consents to such use of tracking technologies and acknowledges that the information obtained, including Personal Information, may be matched to public or private information accessible to the Company or any Third-Party Services Provider. The User also consents to such information being shared with the Company’s and Third-Party Services Provider’s service providers for the purposes of providing and maintaining the tracking technologies and related services. We may also collect precise geolocation data from or about your device, which may be expressed by latitude-longitude coordinates obtained through GPS tools, WiFi data, cell tower triangulation or other techniques. Our use of such information is described in our Privacy Policy.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Indemnified Parties, from and against any and all claims (including third-party claims), actions, loss, liabilities, expenses, costs, or demands, including, without limitation, legal and accounting fees, directly or indirectly, resulting from or by reason of (i) your (or if you are under another person’s authority, including, without limitation, Governmental Authorities, such other person’s) use, misuse, or inability to use the Platform, any Account, or any of the content, including Third-Party Content contained therein or any content or information that you provided to the Platform; or (ii) your breach of this these Terms or the Third-Party Services Provider Terms, including those documents that are expressly incorporated into these Terms or the Third-Party Services Provider Terms by reference and form a part of these Terms or the Third-Party Services Provider Terms.
UNDER NO CIRCUMSTANCES AND UNDER NO THEORY OF LAW (TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF THE INDEMNITEES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES ARISING FROM THE USE OR MISUSE OF, OR INABILITY TO USE, THE PLATFORM, THE SITE, THIRD-PARTY CONTENT OR ANY ACCOUNT, REGARDLESS OF WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR TRADING LOSSES, LOSS OF INFORMATION, BUSINESS INTERRUPTION OR LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE PLATFORM, THIRD-PARTY CONTENT OR ANY ACCOUNT OR FOR ANY CLAIM OR DEMAND BY ANY THIRD PARTY, EVEN IF WE KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, CLAIM OR DEMAND IF THE FOREGOING DISCLAIMER AND WAIVER OF LIABILITY SHOULD BE DEEMED INVALID OR INEFFECTIVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
We will not be liable for our failure to perform any obligations under these Terms due to events beyond our control, and the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events. Events beyond our control include, without limitation, acts of God, war, riot, arson, embargoes, civil commotion, strikes, labor disputes, equipment failures, bank failures, virtual currency market collapse or fluctuations, credit or debit card transaction processing failures, strikes, fire, flood, earthquake, hurricanes, tropical storms or other natural disaster or casualty, shortages of labor or material, shortage of transportation, facilities, fuel, energy, government regulation or restriction, acts of civil or military authority or terrorism, fiber cuts, weather conditions, breaches or failures to perform by third parties, technical problems, including hardware and software crashes and other malfunctions, failure of the telecommunications or information services infrastructure, hacking, spam or failure of any computer, server or software disruptions on account of or caused by vandalism, theft, phone service outages, power outage, Internet disruptions, viruses, and mechanical, power or communications failures.
THE PLATFORM AND ANY INFORMATION DISPLAYED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM OR ANY INFORMATION DISPLAYED THEREIN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ALL RISK OF USE OF THE PLATFORM RESTS ENTIRELY WITH YOU.
FROM TIME TO TIME, WE MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES, WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT OUR SOLE DISCRETION.
WE ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON OR ACCESSED VIA THE PLATFORM, INCLUDING THE USE OF THIRD PARTY API PROVIDERS’S SOFTWARE AND OR SERVICES. THE RISK OF INJURY FROM USE OF SUCH THIRD PARTY SOFTWARE AND SERVICES RESTS ENTIRELY WITH YOU.
These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between you and the Company with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be changed, waived or modified except by the Company as provided herein. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. No waiver by any party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
These Terms and our agreement are governed by laws of the State of Florida. Any disputes arising from or relating to this Agreement shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in the State of Florida.
Users further agree not to participate in any purported collective, consolidated, or representative proceedings. This includes, but is not limited to, class actions, collective arbitrations, or other similar forms of litigation or arbitration. All claims and disputes must be litigated or arbitrated individually and not on a collective, consolidated, or representative basis. Only individual relief is available, and claims of more than one user cannot be collectively brought or resolved.
For any questions or concerns regarding this Agreement, please contact us at [email protected].
This paragraph applies where the App has been acquired from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, Inc. ("Apple") and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and (where applicable) Apple will refund the purchase price for the App to you; to the maximum extent permitted by applicable law. Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the Terms and any law applicable to the Company.
You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to the Company.
You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, the Comapny, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
You represent and warrant that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You and us acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms of Service as relates to your license of the App, and that, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service as relates to your license of the App against you as a third-party beneficiary thereof.