These Terms of Use (these "Terms") constitute a legally binding agreement between the developer and publisher of the mobile application and related services ("we", "us", or "our") and the end user ("you" or "User"). These Terms govern your access to and use of our mobile application(s) (collectively, the "App") and any related content, features, referral programs, promotions, products, and services we may create or operate from time to time (collectively, the "Services"). By downloading, installing, accessing, or using the App or Services, you agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, you must immediately stop using the Services and uninstall the App.
1. Incorporation of Additional Terms and Policies
You agree that you will comply with any additional terms, policies, and/or guidelines that we may publish from time to time in our discretion. Any such additional terms, policies, and/or guidelines are incorporated into these Terms by reference. Any breach of any such additional terms, policies, and/or guidelines will constitute a breach of these Terms and vice versa.
2. Changes to These Terms
We reserve the right to update and change these Terms at any time in our sole discretion to reflect changes in legal requirements, business practices, or service offerings. You can always review the most recent version of these Terms and are expected to check them from time to time to ensure you are familiar with the latest version.
Where required by applicable law, if we materially change these Terms, we will provide you with reasonable advance notice and an opportunity to review the changes, except: (i) when we launch new products or features, or (ii) in urgent situations, such as preventing ongoing abuse or responding to legal requirements.
Your continued use of the App or Services after updated Terms are posted (and/or after any notice period required by law) constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App and Services immediately and uninstall the App.
3. Eligibility and Age Restrictions
The App is intended for individuals who are at least 16 years old. If you are between 16 and 18 years of age, you may only use the App under the supervision of a parent or legal guardian who agrees to these Terms on your behalf.
You represent and warrant that you meet the eligibility requirements and have the legal capacity to enter into these Terms. We may request proof of your age and legal capacity. If we discover that you are under the required age or have misrepresented your eligibility, we may immediately terminate or suspend your access to the App and Services and take steps to delete any associated data, as required or permitted by applicable law.
4. Services; Availability; Changes to Services
We reserve the right to withdraw, update, amend, or otherwise modify the App or Services in our sole discretion, with or without notice. Any new terms applicable to new services, features, content, promotions, referral programs, or products are automatically covered by these Terms. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period.
From time to time, we may restrict access to or terminate access to all or any part of the Services to you or any other Users. Content on the Services may be out of date at any given time, and we are under no obligation to update any such content.
5. License; Permitted Use
We grant you a personal, non-exclusive, non-transferable, and revocable license to access and use the App and Services solely for your own personal, non-commercial use. This license does not grant you any ownership rights.
The license permits you to install and use the App on a mobile device that you own or control, but it is restricted to only one device unless expressly authorized by us.
You may not sublicense, rent, lease, loan, sell, or otherwise transfer the App for profit. You are prohibited from modifying, reverse engineering, decompiling, or disassembling the App, except as explicitly permitted by applicable law. Any unauthorized use may result in termination of your license and legal action.
6. User Obligations; Prohibited Conduct
You agree to use the App and Services only for lawful purposes and in accordance with these Terms.
Without limitation, you may not:
(a) copy, modify, or create derivative works based on the App or Services;
(b) distribute, transfer, sublicense, lease, lend, or rent the App or Services to any third party;
(c) reverse engineer, decompile, or disassemble the App or Services, except as permitted by applicable law;
(d) use the App or Services in a manner that might be (or might cause us to be) in breach of any applicable laws or regulations, including data protection and privacy laws, anti-money laundering laws, securities laws, banking laws, laws related to internet and communications, consumer protection laws, direct marketing laws, or otherwise;
(e) use the App or Services in any way not specifically permitted by these Terms or that is dishonest or otherwise objectionable to us or other users, in our sole discretion;
(f) probe, scan, or test the vulnerability of any system or network; breach or circumvent any security or authentication measures; or attempt to gain unauthorized access to any systems, servers, networks, or data;
(g) access, search, or attempt to use, exploit, access, or search the Services by any means (automated or otherwise), including through bots, spiders, scrapers, or similar programs, without our explicit written permission;
(h) interfere with or disrupt (or attempt to do so) the Services or any user’s access to the Services or the App;
(i) send any unsolicited or unauthorized advertising, promotional materials, email, WhatsApp messages, SMS, junk mail, spam, chain letters, or other form of solicitation; or
(j) use the Services or App (or any portion thereof) for any commercial purpose or for the benefit of any third party.
Any violation of these obligations or restrictions may result in suspension or termination as described below.
7. Privacy; Processing of Personal Data and Cookies
The terms "personal data" and "personal information" generally mean any information that directly or indirectly identifies you.
We take your privacy seriously. Our Privacy Policy (as may be updated from time to time) is incorporated by reference into these Terms and describes how we collect, use, store, and protect your personal data and the use of cookies or similar technologies. By entering into and accepting these Terms and by using the Services and/or App, you acknowledge and consent that your personal information will be collected, stored, and used in accordance with our Privacy Policy.
The App may collect information such as your name, contact details, device information, and usage statistics to improve our services and provide a personalized experience. We employ industry-standard security measures to safeguard your data; however, you acknowledge that no transmission over the internet is entirely secure.
8. Third-Party Services and Advertisements
Our App may contain links to third-party services, advertisements, or other content provided by external partners. These third-party services are governed by their own terms and privacy policies, which you should review before engaging with them.
We do not control, endorse, or assume responsibility for any third-party services, advertisements, or their content. Your interactions with such third parties are solely between you and the respective provider, and we are not liable for any loss, damage, or inconvenience arising from such interactions. Any agreements, purchases, or disputes you have with these third parties are your responsibility.
9. Intellectual Property
The App and Services contain copyrighted material, trademarks, materials protected by authors’ rights, and other proprietary information. All intellectual property rights in and to the App and Services, including all elements comprising them (including texts, images, domain names, trademarks, logos, audio and video files, software, photos, technology, and graphic design), are protected by intellectual and industrial property laws and are exclusively owned by us and/or our licensors.
All modifications, extensions, scripts, and other derivative works of the Services and/or the App provided or developed by us and/or by any other party are owned exclusively by us or our licensors.
We own a copyright in the selection, coordination, arrangement, and enhancement of content, as well as in content original to us. Users may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit any content, in whole or in part, except as expressly permitted by these Terms or applicable law.
Except as expressly permitted by applicable law, no copying, reproduction, modification, public communication, assignment, redistribution, retransmission, publication, or commercial exploitation of downloaded material is permitted without our express permission and the permission of the applicable copyright owner. If copying, redistribution, or publication is permitted by law, no changes in or deletion of author attribution, trademark notice, or copyright notice shall be made.
10. Feedback
If you submit any comments or feedback to us ("Feedback"), you represent and warrant that: (a) you have the right to submit such Feedback, (b) such Feedback does not violate the rights of any third party, and (c) such Feedback does not contain confidential or proprietary information of any third party.
You agree that we are under no obligation of confidentiality, express or implied, with respect to Feedback, and you grant us an irrevocable, unlimited, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, create derivative works, publish, distribute, and sublicense such Feedback. You hereby irrevocably waive any claims of any moral rights contained in such Feedback, to the fullest extent permitted by law.
11. Force Majeure
We are not liable for any delay or failure to perform under these Terms resulting from causes genuinely beyond our reasonable control, such as acts of God, war, government mandates, pandemics, failure of transportation, or communications.
12. Warranty disclaimer, limitation of liability, indemnity
We do not guarantee that all Services will be available at all times, in all locations, to all users, due to technical, regulatory and other restrictions. Content and features within the Services may vary by user (or group of users) and location.
We are not liable for any delay or failure to perform under these Terms resulting from causes genuinely beyond our reasonable control, such as acts of God, war, government mandates, pandemics, failure of transportation, or communication.
THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND DEFECTS, WHETHER KNOWN OR UNKNOWN, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR (ON ITS OWN BEHALF AND ON BEHALF OF EACH OF ITS AFFILIATES) EXPRESSLY DISCLAIMS (AND YOU HEREBY WAIVE) ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT, (B) REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE ACCURACY, COMPLETENESS, AVAILABILITY, TIMELINESS, USEFULNESS, OR RELIABILITY OF THE SERVICES AND/OR APP (INCLUDING ANY CONTENT THEREON), AND (C) REPRESENTATIONS AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND THAT THE SERVICE AND/OR THE APP WILL MEET ANY OF YOUR REQUIREMENTS, ACHIEVE ANY RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEM, OR SERVICE, OR ARE UNINTERRUPTED, ACCURATE, FREE OF CONTENT ERRORS, VIRUSES, UNAUTHORIZED ACCESS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, SOFTWARE, DATA OR NETWORKS. WE WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY VIRUS, HARMFUL CODE, UNAUTHORIZED ACCESS, OR THIRD-PARTY MATERIAL (INCLUDING ANY ACTIVITIES). You are responsible for implementing sufficient procedures and controls to satisfy your particular security requirements.
EXCEPT AS REQUIRED BY LAW, IN NO EVENT WILL WE, ANY OF OUR AFFILIATES, OR ANY OF THE RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING BE RESPONSIBLE OR LIABLE FOR ANY KIND OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES AND/OR THE APP, ACCESS ANY REWARDS, OR ANY THIRD PARTY SERVICES. DAMAGES UNDER THIS LIMITATION OF LIABILITY INCLUDE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY (INCLUDING DEATH OR EPILEPTIC SEIZURE TRIGGERED BY AN ADVERTISEMENT OF OUR SERVICES), PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR AN ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. USER FURTHER AGREES THAT WE, ANY OF ITS AFFILIATES, OR ANY OF THE RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING SHALL NOT BE LIABLE TO USER NOR TO ANY THIRD PARTY FOR ANY TERMINATION OF USER ACCESS TO THE SERVICES AND/OR THE APP OR DELETION OF USER DATA. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING CONSUMER PROTECTION LAW). UNDER NO CIRCUMSTANCE SHALL OUR MAXIMUM LIABILITY IN CONNECTION WITH THESE TERMS IN THE AGGREGATE EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY AND, SOLELY TO THE EXTENT NOT SO ALLOWED, SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. You acknowledge and agree that the above exclusions and limitations of liability are reasonable in accordance with each of your and our obligations and level of risk under these Terms. The limitation of liability does not apply to liability resulting from our gross negligence or wilful misconduct.
You will indemnify and hold harmless us and its affiliates, and their respective shareholders, officers, directors, employees, advisors, service providers, agents and other representatives (collectively, the “Our Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use (or your inability to use) of any of the Services and/or App including without limitations any abuse or wrongful use of the above, (ii) your infringement of any third party rights including without limitations any intellectual property rights, data protection and privacy rights or consumer rights, (iii) your communications with other users or any other engagements between you and any users including without limitations any promotions, games or other activities you have participated in and/or the outcome of such activities, or (iv) your violation of these Terms or any applicable laws and regulations.
13. Miscellaneous
If one or more of the provisions of these Terms is held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality, and enforceability of the remaining provisions of these Terms shall be unaffected.
Any failure to require or enforce your performance of any specific term of these Terms or the non-exercise of any right under these Terms shall not be considered a waiver of the right to rely on that provision of these Terms in any other instance.
These Terms constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written, electronic, or oral communications, representations, agreements, or understandings between the parties with respect thereto. The headings in these Terms have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof.
We may assign or delegate the agreement between us, as well as any of its rights and/or obligations hereunder, in whole or in part, to any person or entity at any time with or without your consent by notifying you of such assignment of delegation. You may not assign or delegate the agreement between us and/or any rights or obligations hereunder without our prior written consent, which we may withhold at its sole and absolute discretion and any unauthorized assignment and delegation by you is void and ineffective.
These Terms, your access to and use of the App, and any dispute arising out of or in connection with the App, Service, or these Terms are governed by and construed in accordance with the laws in force in the State of Israel applicable to agreements made and to be entirely performed within the State of Israel, without regard to conflict of law principles, in the courts located in Tel-Aviv, Israel
You may contact us at: games.galaxy.studio@gmail.com in case you identify any data entry error or would like to withdraw your consent to these Terms. In such case, we may request information to confirm your account status before closing and deleting your account.
In the event these Terms are terminated, all terms that that by their nature are intended to survive termination of these Terms shall survive, including but not limited to terms related to intellectual property, warranty disclaimer, limitation of liability, and indemnity, governing law and jurisdiction, and dispute resolution by binding arbitration.