Terms of Service
Last Updated: September 5, 2022
Language: English
This Terms of Service (hereinafter referred to as "this Agreement") is a binding legal agreement between you and Perfeggs (“we”, “us”, or “our”), the provider of our games and services for the website, mobile or any other applicable platforms and/or devices (collectively, “the Services”). This Agreement sets forth the terms and conditions by which you may access and use the Services. We hereby remind you to read this Agreement carefully and fully understand the terms and conditions contained herein.
By registering for an account with us (“Account”), accessing or using the Services in any way, you are authorized and able to accept this Agreement, and acknowledge that you have read, understood and agreed to be bound by this Agreement.
If you do not agree with this Agreement, please do not use the Services.
If you have any questions or comments regarding this Agreement, please contact us at:
Support@perfeggsgame.com
We will be happy to answer your questions.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS-ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. ELIGIBILITY AND PROTECTION OF MINORS
You represent that you are an adult in your country of residence (or at other age in your jurisdiction where you are classified as a majority) when using the Services. If you are under the legal age of majority ("Minor"), you represent that you have reviewed this Agreement with your parent or legal guardian and that you and your parent or guardian understand and consent to this Agreement. If you are a parent or guardian permitting a Minor to use the Services, you agree to: (i) supervise the Minor’s use of the Services; (ii) assume all risks associated with the Minor’s use of the Services, including the transmission of content to and from third parties via the Internet; (iii) assume any liability resulting from the Minor’s use of the Services; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and (v) assume responsibility and are bound by this Agreement for the Minor’s access to and use of the Services.
2. CHANGES TO THIS AGREEMENT
In order to improve your user experience or enhance product safety performance, we may modify the Services from time to time. We reserve the right to change this Agreement as necessary in accordance with applicable laws and regulations. If we make changes to it, we will notify you by notifications, in-game announcements or other means to provide you the opportunity to review the changes. If you object to any changes, please stop using the Services or close your account (Please refer to 3. Your Account for details regarding account closures). Your continued access to or use of the Services will be deemed as you have read and agreed to be bound by the updated Agreement.
3. YOUR ACCOUNT
3.1 The Account. You may be required to create an account or login through third parties to access or use the Services and provide us with accurate and up-to-date information. Your account is limited to your access to and use of the Services only, you shall not share your account with or transfer your account to anyone else. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
3.2 Account Security. It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately. We will offer you assistance regarding your account security but we do not guarantee to successfully retrieve your account. In such case, we may suspend or terminate such account or take measures that we consider appropriate to assist you.
3.3 Account Closure.
By Us: We reserve the right to suspend and/or terminate your user account at any time without notice and without liability for any reason, including but not limited to, a suspected violation of this Agreement, of the terms of other application stores or platforms (such as Facebook, Google, Apple), illegal or improper use of your Account, or illegal or improper use of the Services.
By You: If you wish to close your account, you can do so under the instructions in the Services or via contacting us for help. Please understand that for security reasons, your account cannot be closed unless you follow our instructions.
We hereby kindly remind you that, if you wish to close your account, such closure may prevent you from accessing or using the Services, and such closure is irreversible. Once you close your account, we will delete or de-identification your relevant information. If you sign into the account through a third-party account (e.g., via Facebook, Google ID), you may need to apply for account closure from such third party.
4. LICENSE
Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-sublicensable, personal, revocable, limited license to access and use the Services. You may install, use, display, and run the Services on your legally owned device for non-commercial purposes. We reserve all rights not expressly authorized to you regarding the Services in this Agreement. If you wish to obtain other rights with regard to the use of the Services, you shall separately obtain a formal written permission from us.
5. RULES OF CONDUCT AND USAGE
Your access to and use of the Services is subject to this Agreement, Privacy Policy, other in-game notices and announcements, other applicable rules and all applicable laws and regulations.
You agree that you will not:
ž Rent, lease, loan, trade, sell/re-sell or otherwise monetize applications, the Services or related data or access to the same, without our consent.
ž Upload, transmit, distribute, store or otherwise make available in any way:
a) any material which is defamatory of any person, obscene, profane, offensive, pornographic, hateful or inflammatory;
b) any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
c) any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
d) any material that contains a threat of any kind, including threats of physical violence;
e) any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality.
ž Post anything that contains software viruses, worms, or any other harmful code.
ž Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source.
ž Violate the intellectual property rights, including copyrights, patents, trademarks, trade secrets or other proprietary rights.
ž Otherwise violate laws and regulations, this Agreement, Privacy Policy, other in-game notices and announcements or any additional terms concerning a specific service that are provided when you sign up for or start using such service.
ž Export or re-export the Services and/or other information or materials provided by us hereunder, unless permitted by applicable law and with our prior written authorization.
6. INTELLECTUAL PROPERTY; OWNERSHIP
We reserve the intellectual property rights in the service materials (including but not limited to, any games, applications, software, titles, computer code, characters, UI interface design, pictures, fonts, audio, etc.) (collectively, “Service Materials”) and all rights not expressly granted to you. The above intellectual property rights, including but not limited to copyright, trademark and patent rights, are protected by applicable laws, regulations and relevant international treaties. You hereby acknowledge that you don’t acquire any ownership rights by using the Services or by accessing any of the Service Materials, or rights to any derivative works thereof. For matters not expressly authorized in this Agreement, such as commercial sales, reproduction, and permission for any third party to access and use the Services you should separately obtain formal written permission from us.
By using and/or uploading any content through the Services to publicly accessible areas of our applications or other related platforms, you grant us and our sub-licensees the free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such content (in whole or in part), and/or incorporate such content into existing or future forms of work, media or technology.
7. SOFTWARE AND SERVICES PROVIDED BY THIRD PARTIES
In order to facilitate your use of the Services, we may use third-party software or services, and the results of such use and access are provided by the third party (including but not limited to the services and contents provided by the third party that you get access to via this Services, or by said third party through other related platforms). In addition to the terms of this Agreement, you shall comply with the user agreements of third parties when using software or services provided by such third parties. We cannot guarantee the security, accuracy and validity of the services and contents provided by third parties, and to the fullest extent permitted by applicable law, you shall solely bear relevant risks and responsibilities arising therefrom.
Whether the third-party software or services are pre-installed in related-games or activated or subscribed by yourself, you understand and agree that we disclaim all express or implied warranties with respect to the security, accuracy and validity of the services and contents provided by third parties and other uncertain risks.
Any dispute between you and the above third-party software and services providers shall be settled by you and such third parties with you taking relevant responsibilities, if any.
8. FEES AND ADVERTISEMENTS
You understand and agree that the applications offered to you would be free or paid to download. Whether the application is free or not, you may need to pay us the fees determined according to the payment plan or the purchase amount that you have selected in consideration for the access to and use of some features or functions of the Services. You are fully responsible and liable for all charges, deposits and withdrawals made under your account, including any unauthorized charges, deposits and withdrawals. All amounts paid are non-refundable unless we are required to do otherwise in accordance with the relevant laws and regulations.
We reserve the right to change our prices at any point and we will provide notice to you through in-game announcements or messages, at our option. Your continued use of the Service after the price change constitutes your agreement to pay the changed amount. However, no price change will affect your past purchases.
We also reserve the right to display advertisements in the Services to you.
Your use of the Services will consume your device, bandwidth, traffic and other resources. Fees for the above resources such as Internet access fees, SMS fees, and payment for the Software's value-added services shall be borne by yourself.
9. VIRTUAL ITEMS
We may offer you virtual currency that you can use to purchase in-game virtual items on a promotional basis or for purchase. Such virtual currency and other virtual items have no monetary value (i.e., is not cash or equivalent), and do not constitute currency or property of any type, cannot be sold to third parties, including other users, cannot be used outside the Services, and cannot be exchanged for cash or for any other goods or services, unless we provide the aforementioned service to the extend permitted by applicable law. You have no property, proprietary, intellectual property, ownership, or monetary interest in promotional or purchased virtual currencies or other virtual items.
10. PRIVACY POLICY
When you are accessing or using the Services, we may need to collect your personal data to provide you with the Services. We pay great attention to the protection of your personal data and has made Privacy Policy which forms an integral part of this Agreement. The Privacy Policy states the detailed information of the way we collect, use, store, transfer, and disclose your personal data, so please read it carefully. By accessing and using the Services, you agree to be bound by the terms of this Agreement and Privacy Policy, and we will protect your privacy in accordance with such Privacy Policy.
11. TERMINATION AND BREACH OF CONTRACT
We may, in our sole discretion, limit, suspend, and/or terminate your access to and use of the Services, in whole or in part, at any time and for any reason. We have the right to decide whether your behavior complies with the terms of this Agreement. If you are deemed to have violated relevant laws and regulations or fail to comply with any terms and conditions of this Agreement or related rules (including but not limited to Privacy Policy, other in-game notices and announcements, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations, based on the severity of your violation, we may delete the content in violation, to limit, to suspend or to terminate your accounts or use of the Services without prior notice, and to take other measures that we consider appropriate. You acknowledge that we are not liable for any damage that may result from the foregoing and we are under no obligation to compensate you for any such losses or results.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY GAME WE PROVIDE IS A VIOLATION OF OUR POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS APPLICABLE IN YOUR JURISDICTION.
If you wish to terminate this Agreement, at any time you can do so by closing your account and no longer accessing or using our Services. Please refer to 3. Your Account for details regarding account closure.
Once it is terminated, you may lose your username, password and all related information and files associated with your Account. We may continue to retain or delete the information generated during your use of the Services according to requirements of applicable laws and regulations. You agree that, to the fullest extent permitted by applicable law, we shall not be liable to you for such deletion.
12. INDEMNIFICATION
You will indemnify, release and hold harmless us, our licensors, agents, and all senior managements, directors, employees thereof from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, “Claims”) arising out of (i) any use of the Services or products appearing on the Services by you or by any person that is not in accordance with the terms of this Agreement; (ii) any breach of this Agreement by you or by any person that you allow to use the Services; or (iii) any violation of any laws, regulations or the rights (including intellectual property rights) of any third party by you or by any person that you allow to use the Services.
13. DISCLAIMERS
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THIS SOFTWARE AND SERVICE.
THIS SOFTWARE DOES NOT CONTAIN ANY MALICIOUS CODE DESIGNED TO DESTROY YOUR DEVICE DATA OR TO OBTAIN YOUR PRIVACY INFORMATION. WE WILL ALSO DO OUR UTMOST TO ENSURE THE SAFE, PROMPT, EFFECTIVE, ACCURATE, RELIABLE AND CONTINUOUS OPERATION OF THE SOFTWARE AND THE SERVICES, BUT WITH THE LIMITATION OF THE EXISTING TECHNOLOGY, THE SOFTEWARE AND RELATED SERVICE MAY BE AFFECTED BY VARIOUS UNSTABLE FACTORS, WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT SOFTWARE IS COMPATIBLE WITH ALL DEVICES, OR IS ERROR-FREE, CAN OPERATE WITHOUT INTERRUPTION OR THAT ANY ERRORS IN THE APP OR RELATED SERVICE CAN BE CORRECTED. IN CASE OF CIRCUMSTANCES SUCH AS INCOMPATIBILITY OR SOFTWARE MALFUNCTION, PLEASE CONTACT US FOR TECHNICAL SUPPORT. IF THE COMPATIBILITY PROBLEM CANNOT BE SOLVED, YOU CAN UNINSTALL THE APP. WITHIN THE MAXIMUM SCOPE PERMITTED BY APPLICABLE LAW, WE ARE EXEMPT FROM ANY OF YOUR LOSSES CAUSED HEREIN.
14. LIMITATION OF LIABILITIES
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL US, OUR AFFILIATES, SENIOR MANAGEMENT, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE DAMAGES OR LOSSES, ARISING OUT OF THE FOLLOWING REASONS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (1) YOUR USE OR INABILITY TO USE THE SERVICES;(2) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) THE DELETION OF, CORRUPTION OF, OR FAILURE TO USE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICES; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (5) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
AT THE SAME TIME, OUR MAXIMUM COMPENSATION FOR ALL YOUR LOSSES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR USING/PURCHASING THE APP OR SERVICES (IF PAID SERVICE IS INVOLVED) WITHIN 12 MONTHS BEFORE THE DATE OF INITIATING THE CLAIM. IF THE LAW OF YOUR REGION DOES NOT ALLOW THE LIMITATION OF LIABILITY THROUGH AN AGREEMENT. IN THIS CASE, THE APPLICABLE LAWS AND REGULATIONS SHALL APPLY.
15. GOVERNING LAWS AND DIS\PUTE RESOLUTION
15.1 Governing Laws. The execution, performance, interpretation, modification and disputes settlement of this Agreement shall be governed by the laws of Singapore, excluding its conflict-of-law provisions. You agree that this Agreement is signed in Singapore.
15.2 Arbitration. Any dispute or controversy between you and us based on this Agreement shall be first settled through friendly negotiation. If no settlement can be reached through friendly negotiation, you unconditionally consent and agree that any claim, dispute or controversy (whether in contract, tort or otherwise) you may have against any of our entities, the directors, agents, and employees of any of our entities shall be submitted to Singapore International Arbitration Centre (SIAC) for settlement in accordance with the rules of SIAC. The arbitration shall take place in Singapore, and the arbitration proceedings and all pleadings and written evidence shall be in English, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. You irrevocably and unconditionally agree to only pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding.
16. MISCELLANEOUS
16.1 Heading. The headings of all terms of this Agreement are for reference purpose only, have no actual meanings themselves, and shall not be used as a basis for interpreting the meanings of this Agreement.
16.2 Severability. If any term or provision of this Agreement is held to be invalid or unenforceable by any judicial or administrative authority for any reasons, such determination shall not affect the validity of enforceability of the remaining terms and provisions of this Agreement hereof, and the remaining provisions of this Agreement shall remain in full effect and shall be construed in accordance with its terms.
16.3 Languages. This Agreement is drafted in English. We may provide this Agreement in other languages in the future for your reference. In case of any discrepancy, the English version hereof shall prevail.
16.4 No Waiver. Our failure to enforce at any time any of the provisions of this Agreement, or our failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce such provision thereafter. Our express waiver of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
16.5 Entire Agreement. This Agreement constitutes the entire agreement between you and us governing your use of the Services and supersedes any prior agreements between you and us relating to the use of the Services. You may also be subject to additional terms and conditions that may apply when you use or purchase open-source software, third-party content, or other services.