MUUULA TERMS OF USE​

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[Last modified: September 12th, 2023]

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Muuula Games Ltd. (“Company”, “we”, “us” or “our”) is the develop per and operator of various mobile gaming apps (“App”). These Terms of Use (“Terms”), are a legally binding and an enforceable agreement between you ("user", "you" or "your") and us, and govern your use of the App, website (“website”) and the services provided through the Apps as detailed below (collectively, the "Service").

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Please read these Terms and our Privacy Policy carefully, and make sure you understand and agree with them. By installing the Apps, accessing our Services or subscribing use our paid Services, you hereby represent and warrant you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, or any part thereof, you should cease all access or use of the Apps and Services, and uninstall the App. 

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THE APPS AND SERVICE DOES NOT OFFER ANY CONSIDERATION OF REAL MONEY OR AN OPPORTUNITY TO WIN REAL MONEY OR PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON BY USING THE APP, AND NO ACTUAL MONEY IS REQUIRED TO INSTALL OR START USING THE APP, CERTAIN FEATURES ARE SUBJECT TO PAYMENT. THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. 

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1. CLASS ACTION WAIVER NOTICE​​

THESE TERMS CONTAIN PROVISIONS THAT, DEPENDING ON YOUR JURISDICTION, WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING AND RIGHT TO PARTICIPATE IN A CLASS ACTION ARBITRATION. YOU AGREE THAT, EXCEPT FOR CERTAIN EXEMPTIONS, DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT AS DETAILED IN THE ARBITRATION SECTION BELOW. 

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2. ELIGIBILITY

You hereby represent and warrant that you are at least 16 years old and eligible to enter into these Terms. You further represent and warrant that you are not prohibited by any authorized authority, judicial order, or law to enter into any agreement. We reserve the right to request proof of age at any stage. We may request a parental consent if you are under the applicable age, and if it required by laws and applicable guidelines. You also may not use the Apps if you previously have been blocked or otherwise have been prohibited by us from using the Apps.

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3. CHANGES TO THE TERMS

We reserve the right, at our discretion, to revise or modify these Terms at any time. Such amendments shall be effective 30 days from the publication of the amended Terms or from the date you received notice. The date of the last revision will be reflected in the “Last Modified” heading located at the top of the Terms. The continued use of the Services thereafter constitutes your acceptance to such changes and you agree to be bound by them. We will provide you with written notification by applicable communication means, in the event of any material changes to these Terms or to the Services.

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4. DOWNLOAD AND USE OF THE APPS AND SERVICES

1. To access or use our Apps you will need to confirm you meet the eligibility requirements, and choose your nickname and avatar.

2. You hereby represent and warrant that you will provide accurate and complete information. In the event of untrue or inaccurate information, such as your age, we may suspend or terminate your use of the Apps. Unauthorized access or use of the Apps or Services must be immediately reported to us at: info@muuula.com.

3. Subject to our sole discretion, we may refuse to offer access to or use of the Services to any user and change its eligibility criteria at any time, without liability to the users or any third party. The Company may terminate your access immediately and without prior notice if you do not comply with these Terms or if we believe your use of the Services does not comply with any applicable laws.​​

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5. THE SERVICES AND VIRTUAL ITEMS

1. We offer various Apps which are available for download on Google Play by Android. The Apps include memory games, skill or chance mini-game features which provide the ability to “earn” virtual currency, tokens or virtual prizes as further described below. 

2. While using the Apps you may purchase or earn virtual currency, virtual play money coins, cash, tokens, or points, or virtual in-game items (“Virtual Items”), by winning certain in-app mini-games (“Mini Games”) or viewing ads or interstitials. you will be able to use the Virtual Items will be credited to your account which can be used in different features of the App. Note that any Virtual Items are virtual and have no monetary value whatsoever. You do not in fact “own” such Virtual Items, and you may not redeem it for cash, property or anything with a value, Besides the benefit within the applicable App. Moreover, note that Virtual Items are nonrefundable, and you shall not be entitled exchange them with anything else including upon termination and suspension.

3. THE APP IS OFFERED FREE OF CHARGE; HOWEVER, YOU HAVE THE ABILITY TO PURCHASE VIRTUAL ITEMS. PURCHASE OF VIRTUAL ITEMS IS ENTIRELY AT YOUR OWN RISK AND IS NON-REFUNDABLE AND NON-EXCHANGEABLE AND ARE SUBJECT TO THE IN-APP PURCHASE TERMS.

4. You hereby acknowledge and agree that you may be charged for Internet connection, mobile fees and data usage charges made through use of the App in accordance with the applicable rates charged by your respective third-party internet and data usage service provider. 

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6. LICENSE AND INTELLECTUAL PROPERTY

1. Subject to the terms herein, the Company grants you a revocable, limited, non-exclusive, non-transferable, non-assignable, and non-sublicensable license for non-commercial purposes, to install the Apps and use the Services solely for the purposes set forth herein. Except as expressly stated under these Terms, we or our licensor retain all rights, title ownership, and interest in and to the Services, copyrights and trademarks, images, logos product names, and trade names, to the fullest extent possible under applicable law. We or our licensor reserve all rights in and to the Services which are not expressly granted herein. 

2. The Services are contingent upon availability and continuity of internet connection. Lack of connectivity or disruptions to connectivity may prevent the use of the Services.

3. The Company, at its sole discretion, and subject to these Terms, is entitled to determine the features, settings, Virtual Items availability, pricing, or other tools which are available as a part of the Services or modify, correct, amend, update, upgrade, enhance, improve, remove, replace or make any other changes to, or discontinue, or cease, temporarily or permanently, any features or functionalities of the Services, with or without notice, without incurring any liability to you. 

4. You grant the Company a non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and use the User Content in connection with the Services. “User Content” shall include any images, data, text, photo, video, and other material that you may submit to the Service. You shall remain the owner of the User Content, and the Company does not claim any ownership of the copyright or other proprietary rights in such User Content. Notwithstanding the foregoing, you agree that the we may post, re-publish, on any media, any reviews and feedback you have provided on our Apps.

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7. RESTRICTIONS ON USE OF THE SERVICES

1. The Services are provided for your personal, non-commercial use and you hereby agree that you will not, directly or indirectly: (a) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, circumvent or hack the Services or attempt to derive the source code or gain unauthorized access to the Services or its related systems, circumvent, disable, damage or otherwise interfere with security-related features or operations of the Services; (b) reproduce the Services, prepare derivative works, distribute, perform publicly or display publicly the Services' content without our prior written approval (and except as permitted under applicable law or these Terms); (c) commercially exploit the Services or any portion thereof; (d) use the Services in any fraudulent or unlawful manner; (e) use the Services in any way that violates any provision of these Terms; (f) assert any proprietary rights in or to the Services' content, materials or any element, derivation, adaptation, variation or name thereof, nor remove, obscure or alter any notices of proprietary rights or disclaimers; (g) rend, lease, sell, trade, gift or otherwise transfer your account to anyone, without our written permission; (h) frame or mirror any part of the App without our prior written approval; or (i) use our name, logo or trademarks without our prior written consent. 

2. We will investigate any breach or alleged breach of these Terms and report to law enforcement authorities when necessary. We are entitled to prevent access from any user that we believe has breached or is likely to breach these Terms. We may also limit or prevent the use of our Services for any reason or no reason, at our sole discretion.

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8. PROMOTIONS

1. Certain features within the App, may include links to third party websites, advertisements, limited time promotions, contests, sweepstakes and special offers (collectively, “Third-Party Promotions”). Please note that we make no warranties or representations concerning such Third-Party Promotions, and if you accept a Third-Party Promotions, you also assume all liability associated with it. It is clarified that we are not responsible to review, approve or monitor any of the content of said advertisements and the products delivered or services rendered thereby by third parties or for any damage which may be caused to you in connection with any Third-Party Promotions, and you irrevocably and unconditionally agree that we shall not be held responsible or liable in connection thereof. Third-Party Promotions may have separate terms of use and policies and you shall be liable or responsible to review any of those Third-Party Promotions terms of use or policies. 

2. The Company, ad networks, advertisers or third-parties related thereto may be entitled to certain shares of the fees from such advertisements. You hereby acknowledge and agree that you will not be entitled to any compensation of any kind whatsoever with respect to such advertising fees.

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9. REPRESENTATIONS AND WARRANTIES

1. You represent and warrant that: (i) all required information you submit is truthful and accurate; (ii) you will not use the Service for any illegal or unauthorized purpose and your use of the Services does not violate any applicable law or regulation or these Terms; (iii) you will not access the Service through automated or non-human means, whether through a bot, script or otherwise; and (iv) the User Content will not include any content that infringes third party intellectual property rights, or includes harmful illegal content such as: gambling, illegal drugs, alcohol and medicine, sexual content, violent content, hate speech, etc. we reserve the right to remove any User Content that is not in compliance with these Terms upon becoming aware of such.  

2. You acknowledge and agree that the availability of the Apps is dependent on the third party from which you have download or install such apps App Store, Google Play, and/or other app stores (each “App Store” and collectively, “App Stores”). You also agree to comply with, and your license to use the Apps is conditioned upon your compliance with, all applicable agreements, terms of use or terms of service, and other policies of the applicable App Stores. 

3. Each user of the Services is solely responsible for any and all his or her User Content. Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such user. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Services user, we are under no obligation to become involved. We have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion. 

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10. DISCLAIMER AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THE APPS, THE SERVICES, THE THIRD-PARTY PROMOTIONS, AND ANY OF THEIR CONTENT AND FEATURES, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, ARE USED ONLY AT YOUR OWN RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WE MAKE NO GUARANTEES THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION CONTAINED IN THE SERVICES ACCURATE, COMPREHENSIVE, RELIABLE, COMPLETE, CURRENT, OR APPLICABLE TO YOUR NEEDS IN ALL RESPECTS AT ALL TIMES, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR WILL PROVIDE ANY BENEFIT.

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We disclaim all warranties, express or implied, of any kind, regarding the Apps, the Third-Party Promotions, our website and the Services (including any content, information, software, links, advertisement, deep linking), including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, or lack of viruses. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to the fullest extent permitted by applicable law. 

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THE USE OF THE SERVICES IS AT USER’S SOLE DISCRETION AND RISK. IN NO EVENT SHALL WE (OR OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, OR THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT MAY BE CAUSED. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID THE COMPANY FOR THE SERVICES. 

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11. INDEMNIFICATION

1. You agree to defend, indemnify and hold harmless the Company and its affiliates, and respective officers, directors, employees and agents from any third-party claims, damages, liabilities, and expenses (including reasonable attorney’s fees) arising from (i) any use of the Services which does not comply with these Terms including negligence and wrongful act; (ii) abusing or infringing third party rights through the Services; and (iii) your breach of any applicable law, regulation and policies. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the Services.

2. You hereby hold us, our officers, employees, agents and successors free from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any users of the Services, or any Third-Party Promotions.

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12. TERM AND TERMINATION

1. You may terminate these Terms and your use of the Services at any time. If you wish to terminate your use of the Services, you may do so by: (i) simply stopping using the Services and deleting the App; (ii) sending us a request to delete your account; or (iii) if you subscribed to a plan, you may terminate such Subscription plan in accordance with the Subscription terms as detailed above. We may terminate these Terms, your access to all or any part of the Services at any time, with or without cause and with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your use of the Services. We may change, modify, suspend, or discontinue any aspect of the Service at any time without notice to you and without any liability to you whatsoever in connection therewith, unless otherwise required to do so under applicable law, in which case we will make a reasonable effort to inform you of any significant and substantial changes to the Services that will significantly affect you. 

2. Upon the expiration or termination of these Terms, all rights and licenses granted under these Terms shall immediately terminate, and you shall cease your use of the Services. All sections detailed herein, which by their nature are intended to survive termination shall survive termination or expiration for any reason.

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13. ARBITRATION, CLASS-ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR
RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY
HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL
ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY
JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR
THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND
NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS
OR REPRESENTATIVE PROCEEDING. YOU AND THE COMPANY, AND EACH OF ITS RESPECTIVE AGENTS, CORPORATE, PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND
ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL
CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED
FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS
AGREEMENT, THE SERVICE, OR THE PRIVACY POLICY, UNLESS YOU ARE LOCATED IN A
JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE
RESOLUTION. A PARTY WHICH INTENDS TO SEEK ARBITRATION MUST FIRST SEND TO THE OTHER A WRITTEN NOTICE OF INTENT TO ARBITRATE ("NOTICE"). THE NOTICE SHALL (I) DESCRIBE THE BASIS AND NATURE OF THE CLAIM OR DISPUTE; AND (II) SET THE SPECIFIC RELIEF SOUGHT ("DEMAND"). IF YOU AND THE COMPANY DO NOT REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN 30 DAYS AFTER THE NOTICE IS RECEIVED, THEN YOU OR WE MAY COMMENCE AN ARBITRATION PROCEEDING AS SET FORTH BELOW OR FILE AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL EXCLUSIVELY ADMINISTER
THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE
SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES ("RULES"), AS MODIFIED
BY THESE TERMS. THE ARBITRATION SHALL BE CONDUCTED EXCLUSIVELY IN ENGLISH.

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14. MISCELLANEOUS

These terms, constitute the entire understanding between the parties with respect to the use of the Services. If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable according to its terms. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein. We reserve the right to assign or transfer these Terms and to delegate any of our obligations hereunder at our sole discretion. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

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15. FURTHER QUESTIONS?

If you have any questions regarding these Terms and the Services, or you wish to report violators of these Terms, you may contact us:

Muuula Games Ltd.

Email Address: info@muuula.com