We understand that nobody wants to read and decipher legal writings, so we prepared an “easy-to-understand”, plain, and intelligible version on the right. Please keep in mind that only the text on the left has legal force, and the plain version on the right is intended purely as a friendly guidance for your better understanding (and is not legal advice).
HEXAGAMES USER AGREEMENT
Last modified: 07 September 2023
This user agreement governs the relationship between you and Hexagames Ltd. (“Hexagames”, “we”, “our” or “us”) regarding your access to and use of Hexagames’ mobile and social games, related services, modifications and updates thereto, and other subject matter (collectively, the “Services”) where this agreement appears, posted online, referenced to, or otherwise incorporated. We may from time to time introduce certain policies, rules, or guidelines in relation to the Services, and if we do so, these policies, rules, or guidelines become incorporated into this agreement by reference.
If you are a resident of Australia, European Economic Area, South Korea, United Kingdom, or United States of America, some specific provisions apply to you, see through section 19 for details.
IMPORTANT NOTICE FOR USERS FROM THE UNITED STATES OF AMERICA: THIS AGREEMENT CONTAINS A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISIONS, SEE SECTION 19.5 FOR DETAILS.
To enter into this agreement, you must be a person of full legal capacity over eighteen (18) years of age or the age of majority in your country of residence, whichever is older. If you are under eighteen (18) years of age (or the age of majority in your country of residence), you must seek your parent or guardian to read and accept this agreement before any use of the Services, even if certain Services are rated as suitable for minors.
If you do not understand this section, ask you parent or guardian to read and accept this agreement for you.
If you allow your child or legal ward to use the Services, you agree to this agreement on behalf of them and yourself and remain responsible for their actions, including all purchases made by them.
By accessing or downloading any part of the Services, clicking “I Agree” or any similar button, creating a user account, or otherwise accepting this agreement, you are agreeing to be bound by these terms. If you do not or cannot agree to the terms of this agreement, then you must not access to, download, or use our games, or any portion thereof.
1.1. You may need a user account to access and use certain Services and features. To create an account, either use your unique login credentials, or log into the Services with an existing external platform credentials, if available. If you are accessing or using the Services with an existing external platform account, you must comply with the terms and conditions imposed by that external platform. You acknowledge and agree that we have neither power nor control over the terms and conditions of any external platforms, products, or services.
1.2. You acknowledge and agree that you have no ownership or other property right or interest in or to your user account, including but not limited to any purchases or Additional Content linked to the user account.
1.3. Your user account is personal to you. You agree to keep your user account information confidential and maintain necessary security measures of your hardware and software when using the Services. For clarity, you agree not to sell, transfer, share, or otherwise allow anyone else to have access to, or make use of, your user account or login credentials.
1.4. You are responsible for any activity on your user account, including all purchases made thereon. Any usage of your user account is deemed to have been used by you, even if you did not authorize anyone else to have access to or use your user account. We assume no liability for any loss or damage arising from any unauthorized use of your user account or any data, including personal data, stored on or linked to your user account.
1.5. We reserve the right to limit, suspend, or terminate your user account if you breach or threaten to breach this agreement.
2.1. Subject to your acceptance and continuing compliance with the terms of this agreement, we on our behalf or through our licensees grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to download and install (for downloadable games only), access (for non-downloadable games only), and use the Services for your individual, non-commercial, and entertainment purposes. Except as expressly allowed in this user agreement, we do not grant any express or implied rights to use the Services.
2.2. You agree that any commercial use of the Services, in whole or in part, by you is strictly prohibited, and that your access to or use of the Services will be for purposes which are always outside your trade, business, craft, or profession. This means you cannot use the Services for any other purpose than expressly allowed by this agreement. Please remember that your license is limited, and any use of the Services in violation of these terms will result in an immediate termination of this agreement.
2.3. We reserve the right to revoke the license and terminate this agreement if you breach or threaten to breach this agreement, without liability of any kind based on the above.
2.4. You agree that you are solely responsible for installation or deployment of any part of the Services or Modifications, and that we assume no responsibility to set up, personalize, control, synchronize, or provide you with any sort of instructions on installation or deployment, or otherwise integrate the Services or Modifications. We shall not be held liable, and there will not be a lack of conformity, due to shortcomings in the integration or deployment carried out by you or on your behalf.
3.1. You agree that you will not do and will not attempt to do, or authorize, permit, cause, or allow anyone else to do, directly or indirectly, any of the following:
3.1.1. Exploit the Services, in whole or in part, commercially or in ways not intended or enabled by us;
3.1.2. Use the Services for any purpose other than your personal, non-commercial, and entertainment use;
3.1.3. Use, reproduce, copy, distribute, transmit, display any part of the Services unless expressly authorized by this agreement;
3.1.4. Download, copy, reproduce, transmit, upload, or store any part of the Services on any hard drive, website, cloud, device, or server unless the Services themselves do any of the above as part of their usual and uninterrupted functioning;
3.1.5. Sell, rent, lease, lend, distribute, redistribute, or otherwise transfer, trade, exchange, gift, or provide access to the Services, in whole or in part;
3.1.6. Interfere with the integrity of, or derive source code from, or decompile, reverse engineer, change, modify, assemble, disassemble any part of the Services (including but not limited to algorithms, underlying ideas, or any files contained therein), or of any tools, middleware, application programming interface, software development kit, or other software included by us or our partners as part of the Services;
3.1.7. Design, create, develop, distribute any derivative works or unauthorized products (including but not limited to cheats, bots, hacks, trainers, etc.) based on any part of the Services, which may help gain competitive or non-competitive advantage, or cause disadvantage to other users, or otherwise bypass the rules, logic, methods, schemes, order, periodicity, or amounts of achieving anything contained in any part of the Services (including but not limited to in-game items, in-game currency, boost packs, etc.), or circumvent any security measures in and to the Services;
3.1.8. Obscure, circumvent, remove, or modify any proprietary notices, labels, or logotypes, trademarks, copyright, or any other notices contained within any part of the Services.
4.1. We may from time to time introduce updates, upgrades, patches, fixes, changes, or otherwise modify the Services (“Modifications”) to maintain the Services in conformity or for other reasons, like fixing software bugs, or enhancing the functionality of the Services, or introducing new digital content, or digital services, or other seasonal content, at our sole discretion. However, we do not assume any responsibility to provide ongoing support or maintenance to the Services.
4.2. You agree that the Modifications may be beyond what is necessary to maintain the Services in conformity. We may further develop, update, upgrade, patch, change, amend, limit, or otherwise modify the Services, including but not limited to the gameplay, mechanics, balance, settings, genre, single player features, multiplayer features, additional content, graphics, or any other portion thereof, alone or combined.
4.3. We may deploy or otherwise apply Modifications remotely without notifying you.
4.4. You agree that we may limit functionality or availability of the Services, change any parameters in and to the Services, including but not limited to the value and usage of any digital content or digital services, or the amount of fee to purchase any digital content or digital service, or any other parameters. Unless otherwise required by law, we assume no liability whatsoever for any Modifications in or to the Services.
4.5. You agree that the Services, Modifications, or any portion thereof may be provided to you not in the most recent version available due to various reasons, e.g. when we need additional time to carry out necessary quality assurance, or bring the most recent version of the Services, or Modifications, or any portion thereof to conformity or in accordance to the requirements imposed by law, or any platform or marketplace.
4.6. Unless otherwise provided by law, you acknowledge and agree that in case you fail to install any Modifications provided by us or on our behalf, the Services, or any part thereof, may not be in conformity, and we assume no liability resulting from that.
5.1. Services and other subject matter available in or through the Services (other than User Generated Content), including the code, images, logos, icons, graphics, user interface, sounds, audio, score, themes, texts, scripts, plot, characters, catchphrases, in-game currency, in-game items, Hexagames logo, Hexagames trademarks, and other materials covered by copyrights, trademarks, or any other proprietary rights, are the property of Hexagames or its licensors and protected by intellectual property laws and treaties. Unless otherwise expressly allowed by us, you must not use or exploit any of it, alone or combined, without our prior, written, and direct permission.
5.2. You acknowledge and agree that the Services and all rights therein are licensed to you, not sold. Your license confers no title or ownership in and to the Services and should not be construed as a sale, rent, or lease.
6.1. General. We may provide you the ability to earn or purchase certain digital content and digital services (or “Additional Content” as defined below) which can be used within the Services. If you choose to purchase the Additional Content for a fee (e.g., when you select certain items with the indication of price nearby), you make a binding offer to Hexagames to conclude a contract for the supply of the Additional Content. If we accept your offer, we will credit the ordered amount of Additional Content to you, and we will charge you via selected payment method.
6.2. Game Currency. We may provide you the ability to (i) earn a limited license to use in-game currency by performing certain tasks when using the Services, and/or (ii) purchase a limited license to use the in-game currency for a fee (collectively, the “Game Currency”). Game Currency is depleted as it is consumed (used) and can be earned or purchased again.
6.3. Virtual Items. We may provide you the ability to (i) earn a limited license to use certain in-game digital content by performing certain tasks when using the Services, and/or (ii) earn a limited license to use the in-game items with the Game Currency, and/or (iii) purchase a limited license to use the in-game items for a fee (collectively, the “Virtual Items”). Virtual Items are earned or purchased once and, as a rule, cannot be consumed. However, certain Virtual Items may be seasonal, thus, after a certain period such seasonal Virtual Items may be revoked by us.
6.4. Premium Upgrades. We may offer you the ability to purchase time-limited premium upgrades that provide additional digital content or digital services and intended to tailor your user experience (“Premium Upgrades”). Premium Upgrades may be purchased only for a fee on a recurring basis until you decide to cancel. You may cancel your Premium Upgrade any time. If you cancel your Premium Upgrade, you will be able to continue to use it until the end of the current paid Premium Upgrade period. After the current period ends, you will not be able to access certain digital content or digital services of your Premium Upgrade plan. You can always manage your Premium Upgrades settings, including the automatic renewal rule, by adjusting your account, device, or the applicable platform’s settings.
6.5. You agree that it is in our sole and absolute discretion to determine the Game Currency, Virtual Items, or Premium Upgrades (collectively, the “Additional Content”) purchasing price, offers, or sales.
6.6. You acknowledge and agree that you do not own the Additional Content and that you only acquire a personal, limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable license to use such Additional Content for your individual, non-commercial, and entertainment purposes within the Service that offered you the ability to earn or purchase such Additional Content. The license to use the Additional Content will terminate upon termination of this agreement.
6.7. Additional Content is Service specific and cannot be used outside of the Services. It has no real value and cannot be exchanged, consumed, or redeemed for non-game (“real”) currency, products, goods, services, or property in any form, neither by us nor by third parties.
6.8. You cannot sell, rent, lease, lend, distribute, redistribute, trade, exchange, gift, or otherwise transfer or provide access to the Additional Content except as expressly permitted by the functionality provided within the Services.
6.9. Without prejudice to other terms of this user agreement, we retain the right to, inter alia, delete, withhold, alter, remove, change, amend, replace, re-price, modify, delist, cancel, or impose certain thresholds on the amount of the Additional Content that may be earned, purchased, redeemed, held, stored, consumed, or used, in whole or in part, at our sole and exclusive discretion with or without further notice to you. Neither Hexagames nor any other person or entity shall bear liability of any kind whatsoever based upon the above.
6.10. You agree that any Additional Content (whether earned by performing certain tasks within the Services, or with Game Currency, or purchased for a fee) as well as any other digital content, services, or user progress may be irrevocably lost unless made under a user account. For clarity, if prior to playing a game, or making a purchase, you are not logged into your user account, any such purchases or user progress may be irrevocably lost. You hereby expressly acknowledge and agree that (i) any digital content or digital service earned or purchased without logging into your user account may be irrevocably lost, (ii) any such digital content or digital services may not be restored, (iii) neither Hexagames nor any other person or entity shall bear liability of any kind whatsoever based upon such, and (iv) your sole remedy resulting from such is to stop using the Services.
7.1. 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 any purchases, you agree to be bound by their terms and conditions.
7.2. Unless otherwise provided for in a respective Premium Upgrade plan, you will be charged automatically at the fee recurring interval applicable to the Premium Upgrade until it is cancelled or terminated. Recurring payments will be charged from the payment method according to your initial Premium Upgrade purchase.
7.3. When making purchases, you must provide true, accurate, complete, and up-to-date information about yourself and provide non-fraudulent means of payment. If our payment service provider, payment processor, or any platform brings to our attention that the information you provided, personal and/or financial, is untrue, inaccurate, or incomplete, or that there are reasonable grounds to believe that the information you provide is untrue, inaccurate, or incomplete, we are therefore entitled to annul related financial transactions and revoke all associated licenses acquired via such transactions.
7.4. You agree that we will start the performance of the purchasing contract for the Additional Content (or for any other digital content or digital service we offer to purchase) immediately after acceptance of your request. Our duty to deliver is considered duly performed after the digital content (or any means suitable for accessing or downloading the digital content) is made available or accessible, or the digital service is made accessible, to you.
7.5. You agree that in case the Service or the Additional Content have not been delivered to you immediately after you request, we therefore shall be entitled to a cure period of three (3) business days to deliver. We assume no liability based on the above except for the cases where the Service or the Additional Content have not been delivered after the cure period has expired, or otherwise required by applicable law.
8.1. All purchases are final and non-refundable unless otherwise provided in this agreement, or as expressly provided by external platforms’ terms and conditions, or as required by applicable law.
8.2. When you make purchases on external platforms (e.g., App Store, Google Play), any such purchases made from the external platforms are subject to their terms and conditions, and you shall address you refund inquiry directly to the external platforms. Hexagames does not assume liability of any nature whatsoever in connection with the charging or billing on the external platforms, or in connection with any other actions of the external platforms.
8.3. Refunds are exclusive of the tax previously charged for purchases. In case of refund, the respective payment processor’s standard terms and conditions will apply. If your refund or cancellation of payment request is accepted, the corresponding amount of Additional Content will be deducted from your user account.
8.4. You acknowledge and agree that should you violate any of these terms or the external platforms’ terms and conditions, like providing your account or payment details to anyone else, or providing untrue or inaccurate payment details, or have been suspected or found in fraudulent behaviour, or refund abuse, your refund request may therefore be declined.
9.1. While using the Services, you must comply with the terms of this agreement and any applicable laws, rules, and regulations in the jurisdiction in which you reside.
9.2. We reserve the right to take appropriate measures to protect us, our users, 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. We may provide warnings before we take appropriate measures and, when we take such measures, we shall notify the details of the measures and the reason for taking the measures. A legitimate user restriction by Hexagames shall be exempt from any liability for damages.
9.3. You agree that the following comprises inappropriate and unacceptable behavior and that you will not do, or allow, or cause, or encourage anybody else to do any of the following:
9.3.1. Spamming, trolling, threatening, flaming chat;
9.3.2. Behaving offensively, harassing, or threatening users;
9.3.3. Transmitting, communicating, or posting any content which we reasonably believe to be, or is deemed to be, unlawful, harmful, hateful, offensive, abusive, forbidden, defamatory, vulgar, obscene, pornographic, harassing, lewd, threatening, fraudulent;
9.3.4. Using language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethically, or otherwise objectionable;
9.3.5. Transmitting, communicating, or posting any language or content using a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
9.3.6. Transmitting, communicating, posting, or using 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 is aimed at getting additional advantages which are not provided for by the rules, logics or technical capabilities of the Services;
9.3.7. Transmitting, communicating, or posting any information, whether personal or not, related to the users of the Services without their express written consent to do so;
9.3.8. Excessively using or otherwise abusing help and support service, including but not limited to excessively submitting false or deemed to be false, untrue, or groundless reports, or harassing, threatening, spamming, trolling, or otherwise flaming our support team;
9.3.9. Excessively using or otherwise abusing refund system;
9.3.10. Selling, renting, leasing, or otherwise exploiting the Services in a way not expressly allowed by us in writing;
9.3.11. Circumventing, altering, deleting, interfering, or otherwise modifying any notices, including trademark, copyright, attribution, or other notices;
9.3.12. Circumventing, altering, deleting, interfering, or otherwise modifying any security measures in and to the Services;
9.3.13. Promoting or causing gambling, speculation, lewdness, or violence acts in the Services;
9.3.14. Promoting or causing any acts of infringing upon the rights of other persons or violating the laws and regulations of the country where you are located in and outside the Services.
9.4. You agree that your user account and/or access to and use of the Services may be suspended, in whole or in part, in order to investigate your behaviour, for as long as it may be needed to conduct the investigation.
10.1. We do not endorse, encourage, or support any creative ideas, materials, content, suggestions, concepts, including software and code, and all other types of creative works (“Feedback”) you submit to us, whether directly or indirectly, and regardless of the form of such submissions (via sending us an email or otherwise communicating your Feedback). We appreciate your eagerness to contribute, however, we have to ask you to refrain from contributing any Feedback.
10.2. If you still submit your Feedback to us, you therefore grant Hexagames a non-exclusive, freely sublicensable, irrevocable, transferable, assignable, fully paid, and royalty-free right and license to use, reproduce, copy, host, store, incorporate, adapt, modify, change, amend, prepare derivative works based on, communicate to the public, publicly display, publicly perform, broadcast, transmit, make available, sell, rent, lease, offer, or otherwise exploit the Feedback for any and all current and future purposes and methods of exploitation, commercially or otherwise, in whole or in part, in any media known or developed in the future, without further notice or compensation of any kind, alone or accompanied by other material, including any text, image or other creative elements that may be used at our sole discretion, on the territory of any country and for the entire duration of the intellectual property or other proprietary rights.
10.3. To the maximum extent permitted by applicable law, you waive and agree not to assert any moral rights or personal rights, or any similar rights you may have according to any jurisdiction in any country in and to your Feedback. You acknowledge and agree that we are not required or obliged to credit, attribute, or compensate you. If the applicable law does not allow you to waive or not to assert your moral rights or personal rights, you therefore grant us the right to use your Feedback without indicating your name or pseudonym (anonymously), and the right to make edits in and to your Feedback, without prior consent or further notice to you.
11.1. Certain Services may allow you to design, develop, create, contribute, use, modify, upload, transmit, publish, or make available User Generated Content.
11.2. “User Generated Content” means, without limitation, nicknames, usernames, avatars, profile pictures, profile bio, profile description, chat posts, forum posts, comments, in-game constructions, in-game creations, choices or decisions made by you or by other users, screenshots, pictures, artwork, sounds, music, recordings, videos, or other material you create, contribute, upload, modify, use, publish, transmit, or make available in or through the Services.
11.3. You own and control intellectual property rights or other proprietary rights you may have in your own, creative, and original materials or content that forms part of User Generated Content, except for the Services or any part thereof.
11.4. At the moment when you create, upload, transmit, publish, or make available User Generated Content in or through the Services, you grant Hexagames a non-exclusive, worldwide, perpetual, irrevocable, permanent, freely sublicensable, transferable, and assignable, fully paid and royalty-free right and license to use, reproduce, copy, host, store, incorporate, adapt, modify, change, amend, prepare derivative works based on, communicate to the public, publicly display, publicly perform, broadcast, transmit, make available, in whole or in part, within the Services, Hexagames websites, Hexagames social media accounts, and on any external platform, for the purposes of operating, maintaining, supporting, or marketing the Services. You acknowledge and agree that your User Generated Content may be available or accessible to other users.
11.5. To the maximum extent permitted by applicable law, you waive and agree not to assert any moral rights or personal rights, or any similar rights you may have according to any jurisdiction in any country in and to your User Generated Content. You acknowledge and agree that we are not required or obliged to credit, attribute, or compensate you. If the applicable law does not allow you to waive or not to assert your moral rights or personal rights, you therefore grant us the right to use your User Generated Content without indicating your name or pseudonym (anonymously) and the right to make edits in and to your User Generated Content without prior consent or further notice to you.
11.6. You represent, warrant, and agree on an ongoing basis that none of your User Generated Content violate or will violate the terms and conditions of this agreement (Principles of Conduct clause in particular), are subject to or will be subject to any obligation, or violate or will violate intellectual property rights or any other proprietary rights of any person or entity. We assume no responsibility or liability for your User Generated Content.
11.7. We do not endorse, approve, or support any User Generated Content, and you agree, on an ongoing basis, that you will not assert, declare, suggest, assume, or claim that any User Generated Content has been endorsed, approved, or supported by Hexagames.
11.8. We assume no responsibility to examine, check, approve, review, or pre-screen any User Generated Content. However, we reserve the right to suspend or remove any User Generated Content if there are reasonable grounds to believe that it violates the terms and conditions of this agreement, or any intellectual property rights or any other proprietary rights of any person or entity, without prior or further notice or liability to you.
12.1. THIS AGREEMENT DOES NOT LIMIT OR EXCLUDE STATUTORY RIGHTS YOU MAY HAVE AS A CONSUMER ACCORDING TO CONSUMER PROTECTION LAWS IN YOUR JURISDICTION, THUS, SOME OF THE BELOW TERMS MAY NOT APPLY TO YOU.
12.2. IF YOU RESIDE IN AUSTRALIA, EUROPEAN ECONOMIC AREA, UNITED KINGDOM, OR SWITZERLAND, WE WARRANT THAT THE SERVICES WILL BE PROVIDED WITH DUE CARE AND SKILL. MOREOVER, IF YOU RESIDE IN EUROPEAN ECONOMIC AREA, WE WARRANT THAT OUR DIGITAL GOODS AND DIGITAL SERVICES COME WITH A LEGAL GUARANTEE OF CONFORMITY PURSUANT TO THE PROVISIONS OF DIRECTIVE (EU) 2019/770 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. NO OTHER PROMISES, REPRESENTATIONS OR WARRANTIES ARE MADE.
12.3. IF YOU RESIDE OUTSIDE AUSTRALIA, EUROPEAN ECONOMIC AREA, UNITED KINGDOM, OR SWITZERLAND, THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ANY ACCESS TO OR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGE IT MAY CAUSE. WE MAKE NO WARRANTIES THAT THE SERVICES ARE OF A PARTICULAR STANDARD, QUALITY, VALUE OR GRADE; THAT THE SERVICES WILL BE AVAILABLE; THAT THE SERVICES WILL BE ACCURATE, TIMELY, COMPLETE, OR ERRORLESS. IN PARTICULAR, WE MAKE NO WARRANTY THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES; THAT THE SERVICES WILL MEET YOUR NEEDS; THAT YOU WILL ENJOY THE SERVICES; THAT ALL THE ABOVE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT ANY DEFECTS OR OMISSIONS WILL BE FIXED OR CORRECTED.
12.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Hexagames, NOR ITS LICENSORS, SERVICE PROVIDERS, OR CONTRACTORS, NOR THEIR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR SUBSIDIARIES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF REVENUE, DAMAGE CAUSED TO YOUR PROPERTY, LOST DATA OR OTHER INTANGIBLE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, IN ANY OTHER WAY ARISING OUT OF USE OR INABILITY TO USE THE SERVICES. THUS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF Hexagames ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES SHALL BE ALWAYS LIMITED AND, IN ANY WAY, WILL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO Hexagames SIX (6) MONTH PRECEDING THE DATE YOU FIRST ASSERT YOUR CLAIM. YOU HEREBY AGREE THAT IF YOU HAVE NOT PAID ANY AMOUNTS DURING SUCH PERIOD, YOUR SOLE REMEDY (AND OUR SOLE LIABILITY) FOR ANY CLAIMS AND DISPUTES IS TO CEASE USING THE SERVICES. WE, HOWEVER, DO NOT LIMIT OR EXCLUDE OUR LIABILITY RESULTING FROM FRAUD, GROSS NEGLIGENCE, WILFULL MISCONDUCT, OR IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM AN ACT OR OMISSION BY US.
12.5. YOU ACKNOWLEDGE AND AGREE THAT THE DISLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY ABOVE IS AN ESSENTIAL TERM OF THE BARGAIN BETWEEN YOU AND Hexagames.
13.1. This agreement may be periodically updated, changed, amended, altered, or otherwise modified for various reasons, e.g., to comply with the terms of the applicable legislation or to reflect certain changes in or to the Services, at our sole discretion and at any time. Any changes, amendments, translations, deletions, or any other alterations of these terms, whatsoever, by you are not allowed and expressly rejected by us.
13.2. If we modify this agreement, we will notify you by sending an email, or posting a notice within the Services, or updating the “Last modified” date above. The current version will be made available to you with the indication of the date of the most recent change.
13.3. Any changes will become effective and legally binding 30 days after we post it on this website.
13.4. Your continued use of the Services, in whole or in part, constitutes your acceptance of changed terms. If you do not agree to the changes, you must cease accessing and using the Services.
14.1. You may use the Services for as long as you are in compliance with the terms of this agreement. However, you can terminate this agreement at any time simply by requesting us to delete your user account. If you do not have a user account, simply delete the Services from your device (for mobile games) or stop accessing and using the Services (for browser games). Please be aware that your user history, in-game progress, in-game currency, in-game items, in-game purchases, and other items are directly linked to your user account (the “Account Details”). You may lose the Account Details as a result of termination of this user agreement.
14.2. We may limit, suspend, or terminate this agreement if you breach or threaten to breach this agreement, or if there are reasonable grounds to believe that this agreement, or any policy incorporated herein, will be breached. Namely, we may suspend or terminate your user account or your access to and use of certain features, in-game currency, in-game items, in whole or in part, at any time, on any platform. If you have more than one user account, we may terminate all of your user accounts, depending on the depth of breach. We will take reasonable efforts to notify you of the limitation, suspension, or termination in advance, provided, however, there are no serious grounds for not doing so.
14.3. Notwithstanding the above, we reserve the right to terminate this agreement without any breach by you if we decide to stop providing the Services, in whole or in part. We will take reasonable efforts to notify you 30 days in advance by communicating to you directly or posting a notice on our website.
14.4. We also reserve the right to delete user accounts that have been inactive for a long time (180 days and more).
14.5. Upon termination of this agreement, your license to use the Services shall cease immediately, and you will no longer have access to the Services, your user account, including but not limited to any purchases or other content linked to the account from the moment of termination. Unless otherwise provided in this agreement or under applicable law, you will not be entitled to any refunds after termination of this agreement.
15.1. Nothing in this agreement limits of affects your statutory rights you may have according to applicable law.
15.2. This agreement and all disputes arising out of or in connection with this agreement shall be governed by and construed in accordance with the laws of the Republic of Cyprus.
15.3. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the Services and this agreement.
15.4. Unless otherwise provided by applicable mandatory rules of consumer protection law in your jurisdiction, you agree to the exclusive jurisdiction of the courts of Cyprus.
16.1. This user agreement does not intend to limit or exclude any statutory right you may have under applicable law.
16.2. If any part of this agreement is found to be invalid or unenforceable, it will not affect the rest of the agreement.
16.3. This agreement is for the benefit of its parties (i.e., you and us) and does not create any rights for any third parties.
16.4. The English version of this agreement shall be the original governing instrument between you and us, and in the event of any conflict between this English version and any other language version of the same, the English version shall at all times prevail, govern, and control. If you read this agreement in any other language, either provided by us or translated by you, these other language versions are for your convenience only, and the English version always remains the controlling version.
16.5. You agree to fully comply with all export/import laws and regulations. You may not, neither you may allow or authorize anyone else to, use the Services or any portion thereof on the territory of any terrorist supporting country or the country in relation to which the appropriate restrictive measure or sanctions have been imposed. You represent and warrant that you are not located, domiciled, or resident in any of such countries.
16.6. We may assign or transfer this agreement, in whole or in part, to anyone at our sole discretion if we find it necessary, with or without notifying you. You may assign or transfer this agreement, provided, however, you will notify us in advance of any such assignment in writing. You agree that if you assign or transfer this agreement without notifying us in advance, any such assignment or transfer will be ineffective.
16.7. No failure or delay to exercise any right or remedy under this agreement by us or you constitute a waiver of that right or remedy, at a present or in the future.
The Services may contain links to third parties’ websites and other resources. These links are provided for your reference only, and Hexagames may not be held liable for any reason whatsoever as from your use of these links. You hereby expressly agree and acknowledge that Hexagames has neither power nor control over the contents of these third parties’ websites. By accessing or using these links, you therefore make your own informed decision based upon your sole judgment.
If you have any questions or complaints concerning the Services, or if you simply would like to reach out to us, you can find our contact details below:
Name: Hexagames LTD
Registration number: HE450284
Address: Spyrou Kyprianou, 78 MAGNUM BUSINESS CENTER, 3rd floor 3076, Limassol, Cyprus
If you are a consumer habitually residing in the Commonwealth of Australia, the below terms apply to you.
19.1.1. The Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled: (i) to cancel your service contract with us; and (ii) to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
19.1.2. To the maximum extent permitted by law and except for the consumer guarantees that cannot be excluded under the Australian Consumer Law, we exclude any (i) warranty, representation, condition, guarantee, term, or undertaking implied herein by applicable law (Schedule 2 of the Competition and Consumer Act 2010), common law, trade, or equity in their entirety, and (ii) liability for losses, damages, charges, or expenses arising out of or relating in any way to this agreement or the Services, whether direct or indirect, whether based on contract, tort, or any other legal theory, even if we have been advised of possibility of thereof or should have foreseen the possibility of the above, in any way arising out of use, or inability to use, the Services, other than for personal injury or intentional damages directly caused by us. To the extent that the liability may not be excluded, you acknowledge and agree that it is fair to limit our liability to the supplying of the Services again.
19.2. EUROPEAN ECONOMIC AREA
If you are a consumer habitually residing in a member state of the European Economic Area and accessing or using the Services on our platforms, the below terms and conditions apply to you.
19.2.1. You have the right to withdraw from a purchase within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the purchase. To exercise the right of withdrawal, you must inform us (contact details are provided below) of your decision to withdraw from the purchase by an unequivocal statement (e.g., a letter sent by post or email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
19.2.2. You may use the attached model withdrawal form, but it is not obligatory:
To Hexagames LTD:
I hereby give notice that I withdraw from my purchase for the provision of the following service [specify the service], ordered on [specify details], received on [specify details], your full name and address, your signature (only if this form is notified on paper), and date.
19.2.3. If you withdraw from the purchase, we shall reimburse you all payments received from you, including the costs of delivery (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the purchase. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
19.2.4. By making any purchase, you provide us with your prior express request and consent to begin the performance of a purchasing contract during the statutory right of withdrawal period (namely, within 14 days, both for digital content and digital services). We will deliver, or begin the performance of, Additional Content immediately after we or any platform accept your request and in any case before the expiration of the withdrawal period. You hereby expressly acknowledge and agree that, once the purchasing contract has been fully performed by us, you will no longer have the right of withdrawal, to change your mind, cancel the purchase and get a refund.
19.2.5. Notwithstanding the above, you can cancel your subscription and request a refund within 14 days from the transaction date. You can cancel your subscription even after you started using it. The withdrawal period will commence on the day we accepted your order, even if the subscription includes a free trial period. If you order a subscription for 30 days and the subscription period allows you to use it for free within first 7 days, after which you will be charged according to your selected payment method, you will have 7 days after the purchase to cancel your subscription and get a refund. Please note that if you order a short-term subscription (e.g., 7 or 14 days), you will lose your right to cancel and get a refund as soon as the subscription term ends, provided that the service has been rendered in an appropriate manner.
19.2.6. If you withdraw from a paid subscription, you shall pay us an amount proportional to what has been provided until the time you have informed us of the exercise of the right of withdrawal, in comparison with the full coverage of the contract.
19.2.7. You acknowledge and agree that we will not make available to you any User Generated Content created, uploaded, transmitted, published, or made available in or through the Services that (a) has no utility outside the Services; (b) only relates to the your activity when using the Services; (c) has been aggregated with other data and cannot be disaggregated or only with disproportionate efforts; or (d) has been generated jointly by you and others, and other consumers are able to continue to make use of the content.
19.3. SOUTH KOREA
If you are a consumer habitually residing in the Republic of Korea and accessing or using the Services on our platforms, the below terms apply to you.
19.3.1. You may cancel a purchase and obtain a refund within 7 days after the date of delivery of Additional Content (“right of withdrawal”). You will immediately lose your right of withdrawal when you have accessed, downloaded, or otherwise used the Additional Content. Notwithstanding the above, you will not lose you right of withdrawal if the Additional Content is faulty or defective due to no your fault, in which case you have an extended period to claim a refund within 30 days after you become aware of the defect.
19.3.2. If you are not eligible to enter into this agreement either by yourself or with parental or guardian consent, or if you have not obtained such consent (if necessary), or if you otherwise do not have legal capacity necessary for exercising rights and performing duties under this agreement, then you may cancel a purchase and obtain a refund pursuant to the Korean Civil Act. However, we may refuse to cancel a purchase and provide a refund if you had convincingly pretended to be an adult or to have obtained parental or guardian’s consent.
19.4. UNITED KINGDOM
If you are a consumer habitually residing in the United Kingdom, the below terms apply to you.
19.4.1. If the Additional Content you have purchased is faulty, you are entitled to a repair or a replacement.
19.4.2. If the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can request a refund.
19.5. UNITED STATES
If you are a resident of the United States of America, the below terms apply to you.
19.5.2. Informal Resolution. You and Hexagames agree to make a good faith effort to resolve any Dispute informally at least thirty (30) days prior to starting an arbitration process as described below. This informal dispute resolution process starts as soon as we receive your written dispute notice through email@example.com (“Notice”). The Notice must identify the complaining party and include at least the full name and contact details, describe the nature and basis of the Dispute, the title of the specific Service subject to the Dispute, and set forth the specific relief sought. Any Notice lacking any of the requirements set out above will be deemed void.
19.5.3. Arbitration Agreement. If you or Hexagames cannot resolve a Dispute informally as set out above, you and Hexagames agree to resolve any Dispute exclusively through binding individual arbitration (not in a trial before judge or jury) pursuant to the U.S. Federal Arbitration Act. Any decision made by a neutral arbitrator (not a judge or jury) will be final. If you or Hexagames brings a Dispute that can be resolved by arbitration pursuant to the terms of this agreement in court, then either party may ask the court to order the parties to resolve the Dispute by arbitration. We both agree that the neural arbitrator will have the exclusive authority to decide if any provision of this section 19.5 is valid or enforceable, or whether a Dispute is subject to arbitration. For clarity, threshold questions of enforcement are to be delegated to the arbitrator. The provisions of this section 19.5 shall survive termination of this agreement of any reason.
19.5.4. Arbitration Procedure. The arbitration will be governed by the Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) available at www.adr.org. You and Hexagames agree that the arbitration will be conducted in English. You and Hexagames agree on the electronic submission of documents and allow participation by phone or by teleconference, or in person, at a mutually agreed location. Each side will pay their own attorneys’ fees and costs unless the claims allow for the prevailing party to recover attorneys’ fees and costs. If you or Hexagames unsuccessfully challenges the validity of the arbitrator’s decision or award through a court case, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the challenge.
19.5.5. Exceptions. You and Hexagames agree that the informal resolution and arbitration agreement of this section 19.5 will not apply to the following Disputes: (a) individual actions in small claims courts; (b) Disputes or other claims regarding Hexagames’s intellectual property, including but not limited to Disputes concerning protection or enforcement of Hexagames’s trademarks, trade dress, trade secret, patents, copyrights, or other intellectual property rights; (c) Disputes or other claims related to piracy or interference with the integrity of the Services.
19.5.6. Class-Action Waiver. You and Hexagames agree that any Dispute or other claim is personal to you and Hexagames, and that we may bring Disputes or other claims against each other only in individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You expressly waive any right to file or participate in a class action on a class or representative basis. Furthermore, unless both you and Hexagames agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this section 19.5.6 is found to be unenforceable, then the entirety of section 19.5 shall be null and void.
19.5.7. Your Right to Opt-Out. You have the right to opt-out of the arbitration agreement and the class-action waiver provisions set out above and not be bound by them by sending us a written notice to opt-out to firstname.lastname@example.org. The notice must include (a) your full name and contact details; (b) your explicit statement that you would like to opt out of the arbitration agreement, or the class-action waiver agreement, or both; (c) the title of the specific Service to which your opt-out notice should apply; (d) your e-mail address. You must send us this notice within thirty (30) calendar days after you first accepted the terms of this agreement, or started using the Services, or the Services have been made available to you, whichever is earlier. If you do not send us the notice within that time, or if the notice does not contain all the requirements set out above, you will be bound to arbitrate Disputes according to the terms set out in this section 19.5. If you opt out, you and Hexagames will not be bound by the arbitration provisions of this section 19.5.
20.1. APPLE iOS
The below terms shall only apply to users who use the Services on iOS operated devices they own or control:
20.1.1. You acknowledge that this agreement is concluded between you and Hexagames only, and not with Apple Inc. (“Apple”). Hexagames, not Apple, is solely responsible for the Services and the content thereof.
20.1.2. The license granted to you under this agreement is limited to a non-transferable license to use the Services on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Store Terms of Service.
20.1.3. Hexagames, not Apple, is solely responsible for providing any maintenance and support services with respect to the Services, as specified herein. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
20.1.4. Hexagames, not Apple, is responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Hexagames.
20.1.5. You acknowledge that Hexagames, not Apple, is responsible for addressing any claims relating to the Services and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
20.1.6. You acknowledge that, in the event of any third-party claim that the Services use infringes any third party’s intellectual property rights, Hexagames, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
20.1.7. 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.
20.1.8. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this agreement, and that upon your acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary thereof.
20.2. GOOGLE PLAY
The below terms shall only apply to users who use the Services on Android operated devices they own or control:
20.2.1. You acknowledge that this agreement is concluded between you and Hexagames only, and not with Google LLC or any other Google entity (“Google”). Hexagames, not Google, is solely responsible for the Services and the content thereof.
20.2.2. The license granted to you under this agreement is limited to a non-transferable license to use the Services on Android devices that you own or control and as permitted by Google in its Terms of Service.
20.2.3. Hexagames, not Google, is solely responsible for providing any maintenance and support services with respect to the Services, as specified herein. You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.