04.12.2023
These Terms of Service ( “Terms”) govern the relationship between you and Mindwood Limited, a company registered in the Republic of Cyprus with registration number HE441540 and registered seat at Kyriakou Matsi, 16, Eagle House, 8th Floor, 1082, Nicosia, Cyprus (together with its parents, subsidiaries, representatives, affiliates, officers, and directors, “Mindwood” or “we” or “us”) regarding your access to and use of Mindwood’s mobile apps, websites and games and any related services (collectively the “Services”).
When you use or access our Services you represent that you are at least the minimum age to consent under the laws of your country of residence (e.g., 18 years old in the Republic of Cyprus, 13 years old in the United States, and 16 in some EU territories), and that you are not prohibited from accessing the Services under the laws of your jurisdiction. Notwithstanding the foregoing, we may provide some Services that are available specifically to younger players as permitted under applicable law. Regardless, if you are under the age of 18, you hereby agree that you have gotten permission from a parent or guardian to use our Services, and your parent or guardian must agree to these Terms and accept them on your behalf. Parents and legal guardians are responsible for the acts of their children when they use our Services. If you access our Services through a third-party platform or site, you may be required to comply with their policies in addition to these Terms.
It is your responsibility to make sure that you abide by any laws in your country of residence relating to the access and/or use of the Services and/or the minimum age requirements relating to them.
By using the Services, you agree to be bound by these Terms, our Privacy Policy and our Cookie Policy.
We may amend these Terms by posting the amended versions on our website or in the supplemental terms of the applicable Services. By continuing to access or use our Services after we post amended versions, you confirm your agreement to the Terms, as amended. If you do not agree with any of the changes, you must immediately stop accessing our Services, and your license to use our Services will immediately terminate. If there is a material change in the Terms, we may also provide additional notice within the Services.
If there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent of the difference and to the extent permitted by applicable law).
Subject to your agreement and compliance with these Terms and other Mindwood policies, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license subject to the limitations below to access and use our Services for your own personal entertainment purposes.
You agree:
Any use of the Services in violation of the license restrictions contained in this section is prohibited. If we determine one’s conduct violates these Terms, we may take any action we deem appropriate in accordance with these Terms, including but not limited to removing objectionable content and/or suspending or terminating access to the Services or any portion thereof.
Restrictions
You specifically agree to the following license restrictions in relation to the Services:
You will not:
Access or Use of the Services
To be able to access parts of our Services you may be required to register through a third-party provider of services (“Third Party Providers”) such as Facebook or Google.
We note that Third Party Providers use their own terms and conditions as well as privacy policies without any interaction from our part. Therefore, we cannot accept any liability through any damage arising from the use of Third-Party Providers when creating or logging into your Account.
Our Privacy Policy describes how you can keep your personal data up to date.
Any information you submit concerning personal data is subject to our Privacy Policy. Except from personal data, you provide Mindwood with a non-exclusive license to reproduce in any way it sees fit and with any alterations it deems appropriate, any information you have submitted.
You understand that our Service is a developing and evolving one. Mindwood may require that you accept updates to our Services. While Mindwood will make all reasonable efforts to inform you of any such updates, you acknowledge and agree that Mindwood may update our Services, with or without informing or otherwise notifying you. You may need to update third-party software from time to time in order to receive our Services and/or play our games.
You are solely responsible for your interactions with other users of our Services and any other parties with whom you interact through the Services. We may become involved with any disputes related to those interactions. You agree to fully cooperate with us to investigate any suspected improper activity. If you have a dispute with any other user(s), you agree to release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or related to such disputes to the fullest extent permitted under applicable law.
We are not obligated to provide you with any updates, supplements, or subsequent versions of the Services. We retain the right to alter or discontinue any part of the Services at Our discretion, with or without prior notice. We may introduce or remove features or functions from Our Services. If We release a new version of the Services or introduce new features, We may ask you to update on your device. These updates may occur automatically or with prior notice. In the case of significant updates, supplements, or new versions of the Services, We may also request that you review and agree to Our new Terms (applicable at that time) before you can install and begin using the updated or new version of the Services. If you do not agree with the terms and conditions of the new Terms, you may not install or use the updated or new version of the Services. You should cease using the Services and uninstall and remove any aspect of the Services from your device. Any obligations We may have to support previous versions of the Services will cease once material updates, supplements, or subsequent versions of the Services become available.
The Services may include specific rules, controls, and guidelines, which can be found within the Services themselves and are related to the use of the Services. These rules, controls, and guidelines are considered part of these Terms, and You agree to comply with them.
While We employ various tools to help protect your personal information against unauthorized access, misuse, or disclosure, the security of Our Services and the transmission of information over wireless and wired networks may not be inherently secure. We cannot guarantee that your personal information or private communications will always remain private when using Our Services. You assume all responsibility for such security risks and any resulting damage. Additionally, it is your sole responsibility to implement all reasonable and recommended measures (such as using complex passwords, etc.) to secure your device from unauthorized access.
Suspension and termination of the Services
Without limiting any other remedies we may suspend, terminate, delete, limit, or modify access to the Services or any portions thereof, hold, delay, or remove hosted content, take legal and technical steps to prevent access to the Services, or take other action consistent with these Terms, with or without notice to you, at our sole discretion where we suspect any violation of these Terms.
We may at any time stop offering and/or supporting our Services or any portion thereof, for any reason, consistent with applicable law. Unless required by applicable law or app store policy, we are not required to notify you in advance of these actions, or to provide you any refunds, compensation, or any material or non-material benefit for discontinued or terminated Services or losses resulting therefrom.
In relation to users in the EU, our Website and Applications as well as In-App-Purchases have to be in conformity with the contract and in particular they must meet the requirements as specified in Directive 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services for the period of two years from the date of providing the Service or Services. Such requirements include our obligation to supply our Services without undue delay, as well as requirement of subjective and objective conformity with the contract.
Remedy for failure to supply
In case we fail to supply a Service or the Services as soon as these are Purchased, you may require us to supply them by giving us a timeframe of 10 days. In case we fail, then you will have the right to terminate the Services. If we fail to supply them without undue delay, you shall be entitled to terminate the Service or the Services accordingly.
Remedy for lack of conformity
In case of lack of conformity, you have the right to have the Service or Services brought into conformity with these Terms and other advertised material unless this would be impossible or would impose costs on us which are disproportionate.
In case we have not brought the Service or Services into conformity or in case this is disproportionate or in case the lack of conformity appears, despite our attempts to bring it into conformity then you may request a reduction in the price of the Service or Services.
In case the lack of conformity is not minor or in case the conformity is of a serious nature or in case we declare that we will not bring the Service or Services into conformity within a reasonable time or without significant inconvenience, then you may request the termination of the Service or Services.
Our obligations in the event of termination
In case you lawfully terminate a Service or Services, we will reimburse you all sums paid under the specific Service or Services accordingly.
Termination of the Services without the right to Refund
In case you choose to erase the data, we collect from you and/or delete your Account, we will terminate the Services provided to you and you will lose any In-App-Purchases made and in such case we will not refund you or compensate you for any loss suffered.
The Services include any copyrights, intellectual property rights over material and content, website structure, web pages, sounds, files (in any form), trademarks, logos, software code, interfaces, images, games, titles, themes, objects, characters, character’s names, stories, dialogue, artwork, and texts belong to Mindwood unless stated otherwise. Mindwood owns or has rights to all of the content and all third-party rights to the Services.
Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services or (ii) to use or reference Mindwood or its licensors’ company name(s), logos, product and service names, or marks.
We may permit you to submit, upload, publish, transmit, or otherwise make available to us materials, data, information, communications, pictures the Services (“User Content”). Your User Content remains your property. However, once you make User Content available on the Services, you thereby grant to Mindwood an irrevocable, perpetual, transferable, sublicensable, fully paid-up, royalty-free, worldwide right and license to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with the Services, including marketing and promotion of the Services, without notice to or consent from you, and without compensation to you or any other person or entity. You further hereby grant to Mindwood the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material submitted or transmitted to Mindwood in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether User Content is altered or changed in any manner.
As a user, you are personally and solely responsible for all information you post and/or send, transmit, or provide to others in connection with our Services, including but not limited to User Content you post in forums, blogs, and player chat features.
You represent, warrant, and affirm that:
We do not assume any liability or responsibility for any user behavior or for monitoring User Content or conduct in connection with the Services. We may, but are not obligated to review, monitor, reject, deny, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.
User Content may be processed by us in accordance with our Privacy Policy. Please contact us if you have questions by emailing us at [email protected].
You may if you wish, provide us with suggestions, with respect to the Services (“Feedback”). We will treat any Feedback you provide as non-confidential and non-proprietary. To the extent allowed by applicable laws, you agree to waive any moral rights you may have in Feedback.
Through the Services you will have the right to complete micro-transactions which enhance your playing experience (“In-App Purchases”).
In case you use In-App Purchases you agree to the following:
You understand that use of the Services may result in charges to you, and you agree to pay all fees and applicable taxes incurred by you. We may revise the pricing for the goods and services offered through our Services at any time. We may also from time to time provide certain users with offers and discounts that may result in different amounts charged for the same or similar Services. You acknowledge and agree that, except where otherwise provided under applicable law, we are under no obligation to provide you with a refund for any items related to our services, for any reason, including but not limited to termination of services, whether such actions are voluntary or involuntary.
Without limiting Mindwood’s liability under Section 7 below, the Services are provided on an “as is” and “as available” basis for your use, with no warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Mindwood does not warrant that you will be able to access or use our Service at the times or locations of your choosing; that our Services will be of a certain quality or suitability or will be uninterrupted or error-free; that defects will be corrected; or that our Services are free of viruses or other harmful components.
Mindwood will not be liable to you for any indirect, incidental, consequential, special, exemplary, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms or our Services, whether based on contract, tort or any other legal theory, and whether or not Mindwood has been advised of the possibility of such damages. Mindwood will not be liable to you for more than the amount you have paid to Mindwood in accordance with these Terms. You acknowledge and agree that if you have not paid anything to Mindwood your sole remedy (and Mindwood’s exclusive liability) for any dispute with Mindwood is to stop using the Services.
To the extent that Mindwood may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Mindwood’s liability will be the minimum permitted under such applicable law. Nothing in these Terms will affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Mindwood. This provision shall have no effect on the choice of law provision set forth below.
You agree to indemnify, save, and hold Mindwood, its affiliated companies, officers, directors, contractors, employees, agents, third-party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, including legal fees and expenses, arising out of or relating to: (i) your use or misuse of our Services or goods or services obtained in connection therewith; (ii) your breach or violation of these Terms; (iii) our use of your User Content; or (iv) any breach of the representations, warranties, and covenants made by you herein. We may, at your expense, assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. We will use reasonable efforts to notify you of any such matter upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of our Services.
You can start your resolution process by reviewing our “Help” section for the applicable game or Services. Each “Help” section is specific to each game and addresses the most commonly asked questions or concerns players may have, so please start there.
If our Helps did not resolve the issue, please email us [email protected]
We will try to resolve any complaints you make or disputes with you quickly and efficiently. If you are still not satisfied, we will try and resolve a complaint or dispute using our internal complaint handling procedure. In case you are still not satisfied, you may submit disputes for online resolution to the European Commission Online Dispute Resolution platform. For more details, please visit https://ec.europa.eu/consumers/odr.
We accept to resolve disputes with consumers through the Cyprus Consumer Center for Alternative Dispute Resolution – a Licensed and Approved ADR Entity established in Cyprus. More details can be found at www.adr.com.cy
In the unlikely event that we cannot solve your concern within 30 (thirty) days, and you wish to bring legal action against us, then that dispute will be governed by Cyprus law subject to the jurisdiction of the courts of the Republic of Cyprus.
Severability
You and Mindwood agree that if any portion of these Terms is found unlawful or unenforceable, in whole or in part, that provision will be ineffective only to the extent of such finding in such jurisdiction, without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms.
Assignment
Mindwood may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your approval. You may not assign and/or delegate any of the rights or obligations you have under the Terms unless you obtain Mindwood’s prior written approval. Any such assignment and/or delegation without Mindwood’s prior written approval is ineffective and in violation of these Terms.
Force Majeure
We will not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, pandemic, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Entire Agreement
These Terms, including any additional policies and documents referenced in this agreement, are the entire agreement between you and Mindwood. They supersede all prior understandings between you and Mindwood, regardless of the medium (oral, written electronic) and practice (custom, policy, course of business, precedent) by which such understandings were communicated.
No Waiver
Any failure of Mindwood to enforce any right or provision in these Terms shall not constitute a waiver or relinquishment of such right or provision unless acknowledged and agreed to by us in writing. The express waiver by Mindwood of any provision, condition, or requirement of these Terms will not constitute a waiver of any future obligation to comply with such provision, condition, or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by Mindwood will be deemed a modification of these Terms or legally binding, unless documented in physical writing, hand signed by both you and a duly appointed officer of Mindwood.
Contact Information
For information or questions or for support, please contact us at [email protected].
Notices
We may give notice to you via: (i) postings on the Services or the websites of Mindwood; (ii) written communication sent by email. All notices given by you or required from you under these Terms must be in writing and addressed to: Mindwood Limited, a company registered in Cyprus with Reg. Number HE441540 and office in Kyriakou Matsi, 16, Eagle House, 8th Floor, 1082, Nicosia, Cyprus. Any notices that you provide without compliance with this subsection will have no legal effect.
Notice for Apple Device users
If you download, install, or access the Services through your Apple Device, you expressly acknowledge and agree to the following additional terms (in the event of any conflict between these additional terms in this section and other terms of these Terms, the terms of this section shall take precedence):
