Last Updated: 11.12.2025

These Terms & Conditions (“Terms”) constitute a legally binding agreement between you (“you” or “your”), and Cleverside Ltd, a company incorporated under the laws of the Republic of Cyprus, with its registered office at 228, Makariou Avenue, Block A, office 113A, 3030, Limassol, Cyprus, and duly authorised company Cogvance Inc with its registered office at 700 North Fairfax, Suite 614, Alexandria, VA 22314, USA, (“Company”, “we”, “us” or “our”), governing your access to and use of our proprietary software-as-a-service platform located at https://brainaiapp.com (the “Platform”) and mobile application titled “Brain AI: mind training games” (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy, which is available via the link https://brainaiapp.com/terms.html. If you do not agree to these Terms, you must not use the Services. Your continued use of the Services following any changes constitutes your acceptance of such changes.

You acknowledge that these Terms are a contract between you and us. You agree to comply with all applicable policies of any relevant app store (e.g., Apple App Store). In the event of a conflict between these Terms and the policies of a relevant app store, the app store’s policies shall take precedence solely with respect to the matters governed by such policies.

If you are under 16 or the age of majority where they live (“Child”) you should review these Terms together with your parent or guardian. If you are the parent or legal guardian of a Child, you also agree to be bound by these Terms on the Child’s behalf. In the event that you permit your Child to use the Services, you hereby agree to these Terms on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Services by your Child whether or not any particular use was authorized by you. Parents/guardians are jointly and severally liable for all acts and omissions of their Child for all uses of the Services. We may require adequate proof of your identity and age and consent from a parent or guardian at any time.

1. LICENSE AND USAGE RESTRICTIONS

1. License Grant. Upon your acceptance of these Terms, we grant you a personal, non-commercial, non-sublicensable, non-transferable, non-perpetual, non-exclusive license to use the Services (in whole or in part) on compatible devices you own or control (the “License”) until you or we terminate these Terms. Except as expressly set in these Terms, we do not grant any express or implied rights to you. In no event shall you use the Services or this License for commercial purposes or allow others to do so without obtaining permission from us. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Services on certain hardware. THESE SERVICES ARE NOT FOR SALE, BUT ARE LICENSED TO YOU FOR YOUR NON-COMMERCIAL USE.
2. You acknowledge and agree that the installation or deployment of the Services, in whole or in part, is your sole responsibility. We disclaim any obligation to install, configure, customize, manage, synchronize, or otherwise assist with the installation, deployment, or integration of the Services, nor are we required to provide any related instructions or guidance. We shall bear no liability, nor shall any non-conformity be deemed to exist, in connection with any deficiencies arising from the integration or deployment performed by you or on your behalf unless otherwise specified by applicable law.
3. We do not guarantee that Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations. To keep using the Services on certain hardware, you might need to install updates, upgrades, patches, or modifications. These updates are necessary to ensure the Services continue to function correctly and remain compatible with your hardware.
4. Prohibited Use. Among other things, you agree not to do any of the following (directly or indirectly):

1. to use or transmit within the Services any element or content that infringes or violates any applicable law, intellectual property, privacy, or publicity rights of the Company or any third party, or to or encourage others to violate;
2. to sell, rent out, lease, license, distribute, market, exploit the Services or any of their parts commercially;
3. to reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works of Services, in whole or in part;
4. to indicate your or someone else's personal data related to race, nationality, religious and philosophical views, health status and personal life;
5. to perform actions aimed at gaining access to elements and functions of Services for which you do not have permission from us;
6. to modify, alter, translate, adapt, reproduce, index, copy and/or extract in any way any information or other element or part of the Services without the prior consent of the Company;
7. to modify, distort, block, overburden, interrupt, slow down and/or interfere with the normal functioning of the Services, or access to it by other users, or the functioning of partner networks of the Services, or attempt to take any of the above actions;
8. to use or transmit within the Services any element or content that we may consider unlawful, aggressive, threatening, malicious, defamatory, misleading, pornographic, pedophile, calling for suicide or describing ways of committing suicide, related to the methods and methods of developing, manufacturing and using narcotic drugs and other psychotropic substances, pointing to the places of manufacture and purchase of such drugs and other psychotropic substances, as well as related information, obscene, vulgar, racist, xenophobic, inciting hatred, showing images of a sexual or violent nature, contrary to moral norms, unacceptable for another reason; you are prohibited from impeding or disturbing other players' ability to enjoy the Services;
9. to introduce or distribute any virus programs, Trojans, worms, bombs, corrupted files and/or other similar malicious means or corrupted data through the Services, and/or organize, participate in any capacity in attacks on Company’s servers and/or Services and/or Company’s providers and partners;
10. to create, use and/or distribute automated or macro-command computer programs, robots, bots or other copying programs and software applications and/or use of Services mirror sites;
11. to create or distribute devices that provide third parties with an alternative opportunity to use Services, such as server emulators;
12. to use false information, use another user's account, assign someone else's identity, or provide false information about other individuals and legal entities within or during the use of the Services;
13. without our permission, to use any means to collect and intercept data exchanged by users during the use of the Services, or their names/screen names and/or access passwords of any of the other users;
14. attempt to obtain an access password, account information or other personal information from any user, and/or sell, rent, share, provide for use and/or otherwise transfer to third parties the right to use your account and/or the ability to access it and/or otherwise provide third parties with the opportunity get benefits using your account;
15. to seek access, use, download from the Services or otherwise obtain or supply to third parties (free of charge or for a fee) any lists of users of the Services or any other information about users and their use of the Services;
16. not to comply with the requirements of Company’s representatives and/or impersonate an employee or representative of Company or affiliated companies, partners and/or agents of Company;
17. to remove, alter, disable or circumvent any copyright and trademark notice or other author and manufacturer information, notices or labels contained on or within the Services;
18. to export or re-export the Services or copies of adaptations in violation of any applicable laws or regulations;
19. to falsely claim affiliation with the Services or Company and support for Company;
20. misuse in-app support or complaint features by submitting false reports to our support;
21. to violate the terms and conditions of any third-party platform you use to access our Services, including payment terms;
22. to use any means to change or falsify the position of the device.

1. If you fail to comply with these Terms, it may result in the suspension of your access to the Services (or any part thereof). In addition, such non-compliance may result in the termination of your access to the Services (or any part thereof). You may be subject to any sanctions set forth in these Terms or authorized by applicable law. Furthermore, repeated violations or severe breaches of these Terms may lead to more stringent actions, including but not limited to, permanent bans from the Services, legal action, and reporting to relevant authorities. We reserve the right to investigate any suspected violations and take appropriate measures to ensure the integrity and safety of our Services and community.
2. Content. If applicable you retain all ownership rights in and to any content, data, information, or materials that you submit, post, transmit, or otherwise make available through the Services (“User Content”). However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with the operation, promotion, and improvement of the Services. Your User Content shall comply with the Terms including clause 1.4. We reserve the right, but are not obligated, to monitor, review, filter, modify, or remove any User Content or user activity that violates these Terms or is otherwise objectionable.

2. OWNERSHIP RIGHTS

1. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND ALL INTELLECTUAL PROPERTY RIGHTS, TITLE, AND INTEREST THEREIN ARE OWNED BY US; YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND WILL ALWAYS BE VESTED IN COMPANY IN FURTHERANCE OF ITS INTERESTS. Except for the rights expressly licensed to you hereunder, all title, ownership rights and intellectual property rights in and to the Services (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Services, individually or in combination) and any and all copies thereof are owned by us.
2. You may not give, purchase, sell, trade, exchange, market, offer for sale, license, assign or otherwise transfer your rights, responsibilities or obligations under these Terms, whether in whole or in part, without the prior written consent of Company, modify, create derivative works, commercialize, or otherwise exploit the Services unless subject to separate, express written terms provided by Company permitting such conduct. Any attempt to do so shall be null and void.
3. These Services may contain certain licensed materials and, in that event, we have the right to enforce their rights in the event of any violation of these Terms. Any reproduction or representation of these licensed materials in any manner and for any reason is prohibited without our prior permission and, if applicable, our licensors and representatives. Except as expressly set forth in these Terms, all rights not granted hereunder to you are expressly reserved by Company.
4. All trademarks, service marks, and trade names used in connection with the Services are owned, registered, and/or licensed by us. You acquire no license or ownership rights to any such trademarks, service marks, or trade names through your use of the Services. Any unauthorized use of these marks is strictly prohibited.

3. MODIFICATIONS AND UPDATES

1. Updates to the Terms.

1. We reserve the right, in its sole discretion, to revise, update, modify, add to, supplement, or delete certain terms of these Terms to comply with the terms of the applicable legislation or to reflect certain changes in or to the Services. We will notify you by updating the “Last updated” date above. The current version will be made available to you with the indication of the date of the most recent change.
2. You can see the latest version of these Terms by clicking on the “Terms & Conditions” link located at https://brainaiapp.com/terms.html. You should periodically check for changes to these Terms. If any future changes to these Terms are unacceptable to you or make it impossible for you to comply with these Terms, you may terminate these Terms in accordance with Section 11. By continuing to use the Services after any revision of these Terms, you confirm your full irrevocable acceptance of all and every change.

1. Changes to the Services.

1. From time to time we may introduce updates, upgrades, patches, fixes, changes, or otherwise modify the Services 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.
2. You will be required to install such updates, upgrades, patches, fixes, changes to continue to use the Services unless they may be provided automatically when you sign in to the Services. You agree that the Services may install or download the modifications automatically. 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.
3. We can also stop offering or supporting the Services, either permanently or temporarily, which will automatically end or suspend your right to use them. If this happens, we will not provide refunds, benefits, or compensation for discontinued aspects of the Services or for Virtual Goods previously earned or purchased, unless required by law or agreed by us.

4. ACCOUNT REGISTRATION AND SECURITY

1. Account registration. You may need to register and create an account (or sign-in through a third-party platform) to access the Services or some portion of them. You are permitted to create and maintain only one account. Duplicate or multiple accounts by the same individual are strictly prohibited.
2. Account security. You must provide us (and any related third-party platform) with accurate, complete, and up-to-date account information. In addition, you may not authorize others to use your account, and you may not assign or otherwise transfer your account or these Terms to any other person or entity. You also understand that you must keep your account information secure and that you should not disclose your account credentials to anyone. You alone remain solely responsible for all activities that occur under your account, regardless of whether you know about them or not.

5. VIRTUAL GOODS AND REFUND POLICY

1. Virtual Goods. Within our Services, we may offer you the opportunity to “earn” or purchase, using real-world currency, a limited, personal, non-transferable, non-sublicensable, and revocable license to use “Virtual Goods,” including but not limited to “virtual currency”, “virtual in-game items”, “premium subscriptions”, other goods or services. Please note you can be charged by Cleverside Ltd or Cogvance Inc or any other third-party app store (if applicable). All current prices for Virtual Goods and other paid content are available on our official website at https://brainaiapp.com/terms.html or directly within the relevant application.
2. Rules. If you choose to purchase or earn Virtual Goods, your use of them is subject to the following license and the specific terms applicable to the Services:

1. Virtual Goods cannot be redeemed or refunded for real-world money. Once you have purchased or earned Virtual Goods, you will not receive any monetary refund as they hold no intrinsic monetary value. Any virtual currency balance displayed in your account does not represent a real-world balance or hold any stored value, but rather signifies the extent of your limited license to use Virtual Goods within the Services.
2. Virtual Goods are personal to you and non-transferable. Only you are permitted to use Virtual Goods, and you cannot grant anyone else the right to use them, either through your account or any other means. You are prohibited from trading Virtual Goods for real money with other users, exchanging them for other items, or engaging in any other form of transaction or disposal, except for any in-app Virtual Goods auction function that we may offer.
3. From time to time, we may offer Virtual Goods subject to specific terms. These terms may include discounted offers to purchase Virtual Goods, limited-time purchase or earning opportunities, or specified or unspecified conditions for obtaining such Virtual Goods. We may also sell access to restricted gameplay and challenges, including Virtual Goods that allow you to bypass these restrictions temporarily or permanently. Therefore, certain Virtual Goods may only be available for a limited time or under specific conditions, and you must comply with and adhere to these conditions accordingly.
4. You are solely responsible for your use of Virtual Goods within the Services, and we bear no responsibility or liability for how you utilize them. It is important to note that any winnings resulting from wagering with Virtual Goods cannot be exchanged for real money or its equivalent value.

1. Recurring payments. We may offer subscriptions with recurring payments for our Services and/or Virtual Goods. By purchasing a subscription (or starting a trial subscription (if applicable) that turns into a full paid subscription if not cancelled), you agree to start the subscription immediately and enter into a periodic contract with us. Your subscription will renew automatically (without our notice) after each cycle unless you cancel or we terminate it. On the renewal date (or when your trial subscription (if applicable) becomes a full paid subscription), we will charge your payment method, plus taxes, until you cancel. If we change the subscription rate, we will notify you in advance and give you the option to cancel.

Subscriptions bought through third-party platforms will be charged according to their terms.

If you want to cancel your subscription you need to cancel this before it renews each billing period (or your trial subscription before it ends), or the subscription fees for the next period will be charged automatically to your payment method. You are responsible for paying all fees on time and ensuring your payment information is accurate. If your payment fails, your subscription may be canceled automatically. For subscriptions bought on our web site https://brainaiapp.com/terms.html, you can cancel anytime by contacting our customer support at [email protected].

For subscriptions bought through third parties’ platforms you can cancel directly through such a platform.

2. Refunds. All sales are final. When you buy the Virtual Goods through our website you expressly agree that commencement of the performance of the sales agreement for the Virtual Goods will be before the expiration of any statutory withdrawal period as defined by applicable laws. You give explicit prior consent that the content you have purchased will be delivered to you before the withdrawal period ends and you thereby waive the statutory right of withdrawal and all payments are generally non-refundable, except in the specific circumstances as specified below. The following refund rules apply:

1. Trial Period Refund: a full refund of the trial fee is available within 30 days of purchase for first-time users who have not previously received a trial refund and have not violated these Terms.
2. Service Unavailability: a refund may be issued if the Services experience documented, unscheduled downtime exceeding 24 consecutive hours, not caused by scheduled maintenance or any circumstances beyond our reasonable control.
3. Technical Issues: a refund may be considered if a verified bug prevents access to core features, and the issue is reported within 30 days of the charge.
4. Billing Errors: a refund will be issued for duplicate charges, incorrect amounts charged, or unauthorized transactions.
5. Legal Requirements: refunds may be issued as required by applicable consumer protection laws in your jurisdiction.
6. To request a refund, you must submit a request through our Help Center at https://help.brainaiapp.com/ or by emailing [email protected]. Your request shall include your account email, transaction details, reason for the refund, and any supporting documentation. Refunds, if approved, will be processed within 3 business days and issued only to the original payment method used for the purchase.  Payments may be processed in your local currency (USD, EUR, GBP, CAD, AUD) or in USD for other regions. Any currency conversion fees charged by your bank or card issuer are not controlled by us and are non-refundable.
7. Virtual Goods purchased on other applications stores or platforms will be subject to those platforms’ payment terms and conditions as well as refund policy. We do not control the payment processes on third-party platforms and disclaim any responsibility or liability for the handling of such payments. You are advised to review the terms and conditions of those third-party platforms for further information. Any refund request to third-party payment providers must be received within the time period specified in the relevant third-party payment provider’s terms.
8. If you receive a refund for a Virtual Goods purchase, we may revoke your access to that Virtual Goods. We may (i) deny a refund request, (ii) suspend or cancel a refund payment we agreed to, and (iii) revoke your access to the related Virtual Goods if we detect fraud, abuse, or other manipulative behavior. These actions are at our sole discretion and are intended to maintain the integrity and fairness of our Services.
9. No refund for partial/unused subscription time after cancellation unless otherwise specified by applicable law.

1. Price changes. We define, amend pricing for Virtual Goods as well as manage, modify, suspend, modify or eliminate Virtual Goods for any reason at our own discretion with or without notice to you. Please note the pricing can vary depending on location, time and any other factors.
2. Failed Payments. In the event of a failed payment, we will make multiple retry attempts over a 30-day period. If payment is not successfully processed within 30 days, your account may be suspended.
3. Taxes and charges. When purchasing Virtual Goods, you are informed that all fees and charges for your purchase, including applicable taxes incurred by you or anyone using an account registered to you are excluded from the amounts you pay for Virtual Goods and you should pay for them additionally.

6. THIRD PARTY SUPPLIERS AND ADS

1. Third-Party Suppliers. Our Services may include links, advertisements, promotions, or integrations that redirect you to websites, services, applications, or products provided by third-party suppliers (“Third-Party Suppliers”). These Third-Party Suppliers are not affiliated with, endorsed by, or controlled by us. We do not assume any responsibility for the availability, accuracy, legality, quality, safety, or content of such third-party offerings. Your interactions with Third-Party Suppliers are solely between you and the respective supplier, and any terms, conditions, warranties, or representations associated with those interactions are governed solely by the agreements between you and the Third-Party Supplier.
2. Advertisements. Our Services may display advertisements from third-party advertisers. These advertisements may be targeted based on your usage of the Services, demographic information, geographic location, or other criteria. We do not endorse, guarantee, or assume responsibility for the accuracy, relevance, legality, or quality of the advertised products or services. Your interactions with advertisers, including any purchases or transactions, are solely between you and the respective advertiser. We shall not be liable for any loss or damage arising from such interactions.
3. Third-Party Content and Integrations. Our Services may also include content, features, or functionality provided by third parties, such as analytics tools, social media plugins, payment processors, or content delivery networks (“Third-Party Content”). We do not control, endorse, or assume responsibility for such Third-Party Content. Your access to and use of Third-Party Content is at your own risk. You are solely responsible for evaluating the accuracy, completeness, and usefulness of any Third-Party Content.
4. Disclaimer of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH:

1. your use of or reliance on any Third-Party Supplier, advertiser, or Third-Party Content;
2. any transactions, interactions, or agreements between you and any Third-Party Supplier or advertiser;
3. the availability, performance, security, or content of any Third-Party Supplier, advertiser, or Third-Party Content;
4. any violation of your rights, including any intellectual property rights or privacy rights, by any Third-Party Supplier, advertiser, or Third-Party Content.

1. Third-Party Policies. When you interact with Third-Party Suppliers, advertisers, or access Third-Party Content, you should review and comply with their respective terms of service, privacy policies, acceptable use policies, and other applicable agreements (“Third-Party Policies”). We are not responsible for the practices, Third-Party Policies, or actions of any Third-Party Supplier, advertiser, or content provider.
2. Changes and Discontinuation. We reserve the right, at our sole discretion, to modify, suspend, or discontinue any aspect of our relationships with Third-Party Suppliers, advertisers, or content providers, including the availability of their services, advertisements, or integrations, at any time without prior notice. We shall have no liability to you or any third party for any such changes, modifications, or discontinuations.
3. Your Responsibility. You acknowledge and agree that your interactions with Third-Party Suppliers, advertisers, or content providers, including any transactions, communications, or data sharing, are undertaken at your own risk. You are solely responsible for exercising due diligence, verifying the legitimacy of third parties, and protecting your personal and financial information when engaging with them through or in connection with our Services.

7. IQ TESTING AND TRAINING DISCLAIMERS

1. Information Nature. You acknowledge and agree that the Services, including the IQ test and brain training programs, are provided strictly for informational and entertainment purposes. The Services are not professional psychological, medical, or clinical assessment tools. The results generated by the Services (including IQ scores) are not equivalent to clinical IQ assessments and should not be used for academic placement, employment decisions, clinical diagnosis, or any other purpose requiring professional evaluation. No guarantees are made regarding the accuracy, reliability, or validity of any test results or training outcomes.
2. Influencing Factors. You understand that test outcomes may be affected by a variety of factors, including but not limited to:

1. environmental conditions during testing;
2. your physical and mental state at the time of testing;
3. time of day the test is taken;
4. characteristics of the testing environment;
5. device performance and internet connectivity;
6. familiarity with the testing format or structure.

Accordingly, test scores should not be relied upon for any important personal, educational, or professional decisions.

3. Training Program Disclosure.

1. The brain training exercises offered via our Services are based on general cognitive stimulation principles. They are not designed or intended to diagnose, treat, or prevent any medical or psychological condition.
2. No clinical trials or formal scientific studies have been conducted on our specific training programs. Their effectiveness has not been verified by any independent third party or regulatory authority in the U.S., EU, or UK.
3. We make no express or implied guarantees regarding improvements in cognitive ability. User performance within games or exercises may not translate to measurable improvements outside the Services, including in educational, professional, or daily-life contexts.
4. Due to the variability of human cognition and external factors, user experiences and outcomes will differ.

1. Professional Advice Notice.

1. The Services are not intended to replace consultation with qualified professionals. We do not offer medical, psychological, educational, or career-related advice or services.
2. Nothing provided through the Services should be interpreted as medical or psychological advice, diagnosis, prognosis, or treatment.
3. You should always consult with appropriately licensed or certified professionals in your jurisdiction for: clinical intelligence or psychological testing; assessment of cognitive health or neurological conditions; educational planning or career counseling; diagnosis or treatment of mental health or medical conditions. Use of the Services should not delay or replace such consultation.

1. User Responsibility. By using the Services, you expressly agree to the following:

1. Use of the Services is at your sole discretion and risk. The Services are provided “as is” and without warranties of any kind, unless otherwise required under applicable consumer protection laws.
2. We do not guarantee any specific outcome or improvement in cognitive performance, educational attainment, or psychological well-being.
3. To the fullest extent permitted by applicable law, we shall not be held liable for any damages, losses, or consequences resulting from: reliance on test scores or training outcomes, decisions made based on information from the Services, educational, professional, or personal actions taken; emotional or psychological responses to results; any misinterpretation or over-reliance on the content.

8. DISCLAIMER OF WARRANTY. LIMITATION OF LIABILITY

1. THESE TERMS DO 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.
2. IF YOU LIVE IN THE EUROPEAN ECONOMIC AREA (EEA), UNITED KINGDOM OR SWITZERLAND, THE SERVICES WILL BE PROVIDED WITH REASONABLE CARE AND SKILL AND NO OTHER PROMISES OR WARRANTIES ABOUT THE SERVICES ARE MADE. MOREOVER, IF YOU RESIDE IN EUROPEAN ECONOMIC AREA, WE WARRANT THAT OUR DIGITAL GOODS AND DIGITAL SERVICES COME WITH A LEGAL GUARANTEE OF CONFORMITY. IF YOU LIVE OUTSIDE THE EEA, UNITED KINGDOM AND SWITZERLAND, SERVICES ARE LICENSED AND PROVIDED “AS IS”. YOU USE THEM AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, WE GIVES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES, OR THAT SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE.
3. If you live in the EEA, United Kingdom or Switzerland, we and our employees, licensors and business partners will not be liable to you for any losses or damages arising from your actions or breach of these Terms, or which arise as a result of a third party's (or any other) acts or omissions beyond our control. If you live outside the EEA, United Kingdom and Switzerland, to the full extent permitted by applicable law, we and our employees, licensors and business partners shall not be liable to you for any losses that were not caused by our breach of these Terms, or indirect, incidental, consequential, punitive or special damages. The types of excluded damages include, for example, financial loss (such as loss income or profits), cost of substitute goods or services, business interruption or stoppage, loss of data, loss of goodwill, and computer failure or malfunction. This limitation applies to any claim arising out of or related to this License or Services, whether based in contract, tort, statute, strict liability or otherwise. It also applies even if we knew or should have known about the possibility of such damage. You may recover only direct damages in any amount no greater than what you actually paid for the Services. We do not limit our liability for fraud, gross negligence, wilful misconduct, or for death or personal injury. Some jurisdictions do not allow the above exclusions and limitations, so some or all of them may not apply to you.
4. Exclusions and jurisdictional limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, the above disclaimers and limitations may not apply to you to the extent prohibited by applicable law. In such cases, our liability will be limited to the fullest extent permitted by law.

9. FEEDBACK

1. By sending your feedback and suggestions to us (hereinafter referred to as the “Feedback”), you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit any Feedback provided to us without restriction or compensation to you. You understand and agree that we are not obligated to implement any Feedback provided by you. You agree that if we use your Feedback, we are not obligated to include you in the list of thanks or pay any compensation for your contribution to the work. You represent and warrant that you have sufficient rights to any material included in the Feedback you send to grant us and other interested parties the rights described above. This includes, but is not limited to, intellectual property rights and other proprietary or personal rights.
2. 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. 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.

10. INDEMNIFICATION

1. You agree to indemnify, defend, and hold us harmless, as well as our officers, directors, employees, agents, affiliates, and licensors, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

1. your use of the Services;
2. your violation of these Terms or any applicable laws, regulations, or third-party rights;
3. any content you submit, post, transmit, or otherwise make available through the Services;
4. your interaction with any other users of the Services; or
5. any unauthorized access to or use of the Services by you.

11. TERM, TERMINATION AND SURVIVAL

1. Term. These Terms are valid from the earliest date of purchase, download or use of any Services by you, until its termination in accordance with its terms.
2. Termination by you. You may terminate these Terms at any time by ceasing all use of the Services and uninstalling the Game from your device or by notifying us.
3. Withdrawal right. If you are a resident of EEA, you may have statutory rights under applicable consumer laws, including the right to withdraw from a distance contract within 14 days without giving any reason. If you request immediate performance of digital services before the expiry of the withdrawal period and acknowledge the loss of your right of withdrawal, you will lose the right to withdraw once the service is fully performed.
4. Termination by us. We may terminate these Terms if you fail to comply with the Terms. We will notify you on the termination. If we determine in its sole discretion that you are violating any of the terms of these Terms, we may: (1) notify you, and (2) take appropriate legal actions. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
5. Notwithstanding the above, we reserve the right to terminate these Terms without any breach by you if we decide to stop providing the Services, in whole or in part. We will notify you 30 days in advance by communicating to you directly or posting a notice on our website.
6. Upon termination of these Terms, your License to use the Services and any other rights granted under these Terms shall cease immediately, and you will no longer have access to the Services, including but not limited to any purchases or other content linked to the account from the moment of termination. Unless otherwise provided in this Terms or under applicable law, you will not be entitled to any refunds after termination of these Terms.
7. Upon any termination or cancellation of the Services or your account(s), all provisions of these Terms which by their nature should survive will survive, including warranty disclaimers, limitations of liability, and dispute resolution provisions.

12. APPLICABLE LAW AND DISPUTE RESOLUTION

1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict of laws principles. This choice of law applies regardless of your location or the location from which you access the Services.
2. Dispute Resolution. In case of any disputes, claims, or issues arising from or relating to the use of the Services, you agree to attempt to resolve the matter through direct communication with us before initiating any formal legal proceedings. You should first contact via email at [email protected] to inform us of the issue or dispute.
3. You agree to engage in good faith negotiations to attempt to settle the dispute amicably. We will respond to your inquiry within a reasonable time frame and will do our best to resolve the issue collaboratively and fairly.
4. If the dispute cannot be resolved through direct communication within 30 days of the initial contact, you may proceed with alternative dispute resolution (ADR) methods or other legal avenues, including using the Online Dispute Resolution (ODR) platform for residents of the European Union. You can access the ODR platform by visiting the following link: https://ec.europa.eu/consumers/odr. Participation in the ODR process is voluntary and you are not obligated to use the ODR platform before seeking other legal avenues. You may also seek recourse in a competent court.
5. Each party irrevocably submits for all purposes in connection with the Terms (including any such dispute or claim) to the exclusive jurisdiction of the courts of the Republic of Cyprus, except that nothing in these Terms shall limit our right to bring any action against any party in any other court of competent jurisdiction, nor shall the bringing of such action in one or more jurisdictions preclude the bringing of any other such actions in any other jurisdiction (whether concurrently or not) to the extent permitted by the law of such jurisdictions.

13. FORCE MAJEURE

1. In no event will we be liable or responsible for any failure or delay when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades, a national or regional emergency, internet connection degradation, strikes, labor stoppages or slowdowns or other industrial disturbances, a passage of a law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications (including the deterioration of internet connection) or transportation.

14. MISCELLANEOUS

1. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable under any applicable law, such provision shall be modified by the court to the minimum extent necessary to achieve its intended economic and legal effect, and the remaining provisions of these Terms shall continue in full force and effect. If such modification is not possible, the provision shall be severed, and the validity and enforceability of the remaining provisions shall not be affected.
2. Waiver. The failure of either party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms must be in writing and signed by the party against whom the waiver is to be enforced. No single or partial exercise of any right or remedy under these Terms shall preclude any other or further exercise of that or any other right or remedy.
3. Entire Agreement. These Terms are the final, complete and exclusive agreement between you and us with respect to the subject matters hereof and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior Terms).
4. Interpretation. The headings and captions used in these Terms are for convenience only and shall not affect the interpretation of any provision. The words “include,” “includes,” and “including” shall be deemed to be followed by the phrase “without limitation.” References to any statute or statutory provision include a reference to such statute or provision as amended, re-enacted, or consolidated from time to time.
5. Assignment. These Terms and your rights and obligations herein may not be assigned by you without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may assign these Terms without your consent. The terms of these Terms shall be binding upon assignees.