User agreement

VIZOR GAMES USER AGREEMENT

SIMPLY PUT

Last modified: 01 June 2023

This user agreement governs the relationship between you and Vizor Apps Ltd. (“Vizor”, “we”, “our” or “us”) regarding your access to and use of Vizor’s mobile and social games, related services, modifications and updates thereto, and other subject matter (collectively, the “Services”) where this agreement appears, posted online, referenced to, or otherwise incorporated. We may from time to time introduce certain policies, rules, or guidelines in relation to the Services, and if we do so, these policies, rules, or guidelines become incorporated into this agreement by reference.

Hello there!

This agreement explains how you can use our games and related services. Unlike some in-game cutscenes, your acceptance of these terms cannot be skipped, for legal reasons.

If you are a resident of Australia, European Economic Area, South Korea, United Kingdom, or United States of America, some specific provisions apply to you, see through section 19 for details.

This agreement contains country-specific terms. Certain provisions of this agreement may not work for you, or they may work in a different way, if you live in one of these countries. For more information, consider checking section 19.5 for details.

IMPORTANT NOTICE FOR USERS FROM THE UNITED STATES OF AMERICA: THIS AGREEMENT CONTAINS A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISIONS, SEE SECTION 19.5 FOR DETAILS.

Please read this agreement and our Privacy Policy carefully because we want you to fully understand your use rights as well as how we handle your personal data.

Consider reading Privacy Policy and notifications which may be communicated to you from time to time, and periodically check this page for updates.

To enter into this agreement, you must be a person of full legal capacity over eighteen (18) years of age or the age of majority in your country of residence, whichever is older. If you are under eighteen (18) years of age (or the age of majority in your country of residence), you must seek your parent or guardian to read and accept this agreement before any use of the Services, even if certain Services are rated as suitable for minors.

If you do not understand this section, ask you parent or guardian to read and accept this agreement for you.

Certain games may be rated as suitable for minors by rating bodies depending on the territory (for example, ESRB Everyone for the United States or Canada, or PEGI 3 for the European Union and other certain countries). These ratings do not allow you to accept this agreement on your own if you are under 18 years of age (or the age or majority in your country).

If you are not an adult, or don’t understand what’s written here, you must ask your parent or guardian to read and accept this agreement before you start playing our games.

If you allow your child or legal ward to use the Services, you agree to this agreement on behalf of them and yourself and remain responsible for their actions, including all purchases made by them.

By accessing or downloading any part of the Services, clicking “I Agree” or any similar button, creating a user account, or otherwise accepting this agreement, you are agreeing to be bound by these terms. If you do not or cannot agree to the terms of this agreement, then you must not access to, download, or use our games, or any portion thereof.

You accept this agreement when you create a user account, download our games from any app store, or play our social (web) games on browser. Make sure you’ve read and understood all the terms and conditions of this agreement beforehand.

1.          USER ACCOUNT

1.1.      You may need a user account to access and use certain Services and features. To create an account, either use your unique login credentials, or log into the Services with an existing external platform credentials, if available. If you are accessing or using the Services with an existing external platform account, you must comply with the terms and conditions imposed by that external platform. You acknowledge and agree that we have neither power nor control over the terms and conditions of any external platforms, products, or services.

You may need to create or use an existing user account.

Some games, products, or services may allow you to use them without having to create or log into an existing user account, however, your game session and purchases may be irrevocably and permanently lost.

1.2.      You acknowledge and agree that you have no ownership or other property right or interest in or to your user account, including but not limited to any purchases or Additional Content linked to the user account.

Please keep in mind that a user account is not your property.

1.3.      Your user account is personal to you. You agree to keep your user account information confidential and maintain necessary security measures of your hardware and software when using the Services. For clarity, you agree not to sell, transfer, share, or otherwise allow anyone else to have access to, or make use of, your user account or login credentials.

Please make sure that you are the only person who has access to your user account and do not share it with anyone else.

If anything happens with your account through no our fault (for example, if you share your login credentials with anyone else and lose your in-game currency), we will not be responsible to restore the account, or liable to you or any other person.

1.4.      You are responsible for any activity on your user account, including all purchases made thereon. Any usage of your user account is deemed to have been used by you, even if you did not authorize anyone else to have access to or use your user account. We assume no liability for any loss or damage arising from any unauthorized use of your user account or any data, including personal data, stored on or linked to your user account.

1.5.      We reserve the right to limit, suspend, or terminate your user account if you breach or threaten to breach this agreement.

For more details, please see the Termination clause below.

2.          USE OF THE SERVICES

2.1.      Subject to your acceptance and continuing compliance with the terms of this agreement, we on our behalf or through our licensees grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to download and install (for downloadable games only), access (for non-downloadable games only), and use the Services for your individual, non-commercial, and entertainment purposes. Except as expressly allowed in this user agreement, we do not grant any express or implied rights to use the Services.

We grant you a personal permission to play our games. This means you can only use our games for your own entertainment purposes.

In other words, when you do not do anything which is highly likely might be considered illegal, forbidden, or unacceptable, there’s nothing to worry about!

2.2.      You agree that any commercial use of the Services, in whole or in part, by you is strictly prohibited, and that your access to or use of the Services will be for purposes which are always outside your trade, business, craft, or profession. This means you cannot use the Services for any other purpose than expressly allowed by this agreement. Please remember that your license is limited, and any use of the Services in violation of these terms will result in an immediate termination of this agreement.

2.3.      We reserve the right to revoke the license and terminate this agreement if you breach or threaten to breach this agreement, without liability of any kind based on the above.

2.4.      You agree that you are solely responsible for installation or deployment of any part of the Services or Modifications, and that we assume no responsibility to set up, personalize, control, synchronize, or provide you with any sort of instructions on installation or deployment, or otherwise integrate the Services or Modifications. We shall not be held liable, and there will not be a lack of conformity, due to shortcomings in the integration or deployment carried out by you or on your behalf.

We are not responsible for any integration or deployment of any product or service we offer onto your device. C’mon, it’s not rocket science.

3.          LIMITATIONS ON USE

3.1.      You agree that you will not do and will not attempt to do, or authorize, permit, cause, or allow anyone else to do, directly or indirectly, any of the following:

We welcome your genuine desire to explore the worlds we create, but we have to ask you not to explore the underlying software or other materials.

3.1.1.   Exploit the Services, in whole or in part, commercially or in ways not intended or enabled by us;

In short, we ask you to play our games the way they were offered to you, and we also ask you to not use them commercially (for example, by creating derivative works based on games or their characters and selling these works anywhere).

3.1.2.   Use the Services for any purpose other than your personal, non-commercial, and entertainment use;

Almost the same as the above, but in addition we ask you to only use our games and services for your personal enjoyment.

3.1.3.   Use, reproduce, copy, distribute, transmit, display any part of the Services unless expressly authorized by this agreement;

These two say you only can use our games as you normally would use any other game, without copying, storing, uploading, or transmitting any part of it unless the game does any of the above itself as part of normal functioning.

3.1.4.   Download, copy, reproduce, transmit, upload, or store any part of the Services on any hard drive, website, cloud, device, or server unless the Services themselves do any of the above as part of their usual and uninterrupted functioning;

3.1.5.   Sell, rent, lease, lend, distribute, redistribute, or otherwise transfer, trade, exchange, gift, or provide access to the Services, in whole or in part;

Unless some games allow you to transfer, gift, or exchange in-game items or in-game currency with other players, you are not allowed to do any of this.

3.1.6.   Interfere with the integrity of, or derive source code from, or decompile, reverse engineer, change, modify, assemble, disassemble any part of the Services (including but not limited to algorithms, underlying ideas, or any files contained therein), or of any tools, middleware, application programming interface, software development kit, or other software included by us or our partners as part of the Services;

We ask you not to derive or explore the source code of our games, or change it, or make your own versions of our games, or create cheats, bots, or other malicious software. In legal terms, these actions are forbidden, and if you somehow violate or breach them on purpose, we will have to take some appropriate measures.

3.1.7.   Design, create, develop, distribute any derivative works or unauthorized products (including but not limited to cheats, bots, hacks, trainers, etc.) based on any part of the Services, which may help gain competitive or non-competitive advantage, or cause disadvantage to other users, or otherwise bypass the rules, logic, methods, schemes, order, periodicity, or amounts of achieving anything contained in any part of the Services (including but not limited to in-game items, in-game currency, boost packs, etc.), or circumvent any security measures in and to the Services;

3.1.8.   Obscure, circumvent, remove, or modify any proprietary notices, labels, or logotypes, trademarks, copyright, or any other notices contained within any part of the Services.

Please do not try to remove any legal notices, or logotypes, or credits, even if you really want to. Instead, if something really pisses you off, you can always reach out to us via email (see below) or by using in-game support button.

4.          CHANGES TO THE SERVICES

4.1.      We may from time to time introduce updates, upgrades, patches, fixes, changes, or otherwise modify the Services (“Modifications”) 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.

We may change certain aspects of games, gameplay, or other features if we find it necessary.

For example, we may deploy some updates or patches in order to enhance products and services we offer, or, vice versa, we may need to remove certain content, for example seasonal content (you will not argue that the winter update will not be relevant in the spring, will you?).

4.2.      You agree that the Modifications may be beyond what is necessary to maintain the Services in conformity. We may further develop, update, upgrade, patch, change, amend, limit, or otherwise modify the Services, including but not limited to the gameplay, mechanics, balance, settings, genre, single player features, multiplayer features, additional content, graphics, or any other portion thereof, alone or combined.

4.3.      We may deploy or otherwise apply Modifications remotely without notifying you.

4.4.      You agree that we may limit functionality or availability of the Services, change any parameters in and to the Services, including but not limited to the value and usage of any digital content or digital services, or the amount of fee to purchase any digital content or digital service, or any other parameters. Unless otherwise required by law, we assume no liability whatsoever for any Modifications in or to the Services.

4.5.      You agree that the Services, Modifications, or any portion thereof may be provided to you not in the most recent version available due to various reasons, e.g. when we need additional time to carry out necessary quality assurance, or bring the most recent version of the Services, or Modifications, or any portion thereof to conformity or in accordance to the requirements imposed by law, or any platform or marketplace.

Some content or services may not be in the most recent version compared to those we offer on different markets. It is okay and may sometimes happen due to certain requirements imposed by quality assurance, or applicable platforms, or by law. Either way, we’ll do our best in order to deliver you the most recent version as soon as possible.

4.6.      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.

If you fail to install any patches, fixes, or other updates, our games may not function well. For example, there may be bugs, crushes, or other errors, yet rare.

4.7.      The terms of use above also apply to any Modifications in and to the Services, which might be created and provided to you from time to time.

When we provide you with any updates or upgrades, they are covered by the same terms of use as any products or services we offer.

5.          OWNERSHIP

5.1.      Services and other subject matter available in or through the Services (other than User Generated Content), including the code, images, logos, icons, graphics, user interface, sounds, audio, score, themes, texts, scripts, plot, characters, catchphrases, in-game currency, in-game items, Vizor logo, Vizor trademarks, and other materials covered by copyrights, trademarks, or any other proprietary rights, are the property of Vizor or its licensors and protected by intellectual property laws and treaties. Unless otherwise expressly allowed by us, you must not use or exploit any of it, alone or combined, without our prior, written, and direct permission.

When we grant you a permission to play our games, you are considered an ultimate user (or “end-user”) thereof, which means you do not obtain any property rights. To put it simply, you are not allowed to sell, rent, or lease our games, or any derivative works (user-generated content) based on our games, or the content contained therein.

5.2.      You acknowledge and agree that the Services and all rights therein are licensed to you, not sold. Your license confers no title or ownership in and to the Services and should not be construed as a sale, rent, or lease.

6.          IN-GAME CURRENCY, ITEMS & PREMIUM UPGRADES

6.1.      General. We may provide you the ability to earn or purchase certain digital content and digital services (or “Additional Content” as defined below) which can be used within the Services. If you choose to purchase the Additional Content for a fee (e.g., when you select certain items with the indication of price nearby), you make a binding offer to Vizor to conclude a contract for the supply of the Additional Content. If we accept your offer, we will credit the ordered amount of Additional Content to you, and we will charge you via selected payment method.

We may offer you in-game purchases, but that does not mean that you have to make them. However, to get access to certain supplementary features (e.g., premium access, in-game items, in-game virtual currency, etc.), we may request payment.

6.2.      Game Currency. We may provide you the ability to (i) earn a limited license to use in-game currency by performing certain tasks when using the Services, and/or (ii) purchase a limited license to use the in-game currency for a fee (collectively, the “Game Currency”). Game Currency is depleted as it is consumed (used) and can be earned or purchased again.

Game Currency may be in the form of experience points, reward points, energy, gems, emeralds, diamonds, coins, or other fictional representations of consumable virtual valuables. Basically, anything that may be consumed. You may earn Game Currency by performing certain tasks or quests without a payment, or you can purchase Game Currency for a fee. It’s up to you to decide.

6.3.      Virtual Items. We may provide you the ability to (i) earn a limited license to use certain in-game digital content by performing certain tasks when using the Services, and/or (ii) earn a limited license to use the in-game items with the Game Currency, and/or (iii) purchase a limited license to use the in-game items for a fee (collectively, the “Virtual Items”). Virtual Items are earned or purchased once and, as a rule, cannot be consumed. However, certain Virtual Items may be seasonal, thus, after a certain period such seasonal Virtual Items may be revoked by us.

Virtual Items may be in the form of non-consumable in-game items, playable characters, expansions, environmental or cosmetic enhancements, customizations, etc. Just like the Game Currency, you may earn Virtual Items by performing certain tasks or quests without a payment, or you can purchase Virtual Items for a fee. Again, it’s up to you to decide.

6.4.      Premium Upgrades. We may offer you the ability to purchase time-limited premium upgrades that provide additional digital content or digital services and intended to tailor your user experience (“Premium Upgrades”). Premium Upgrades may be purchased only for a fee on a recurring basis until you decide to cancel. You may cancel your Premium Upgrade any time. If you cancel your Premium Upgrade, you will be able to continue to use it until the end of the current paid Premium Upgrade period. After the current period ends, you will not be able to access certain digital content or digital services of your Premium Upgrade plan. You can always manage your Premium Upgrades settings, including the automatic renewal rule, by adjusting your account, device, or the applicable platform’s settings.

Premium Upgrades are available only for a fee. They allow you to get extra Game Currency and/or Virtual Items within the Services for a limited time period. For example, certain Premium Upgrade plans allow you to boost your experience reward points, multiply your in-game currency, or increase your energy bar.

6.5.      You agree that it is in our sole and absolute discretion to determine the Game Currency, Virtual Items, or Premium Upgrades (collectively, the “Additional Content”) purchasing price, offers, or sales.

6.6.      You acknowledge and agree that you do not own the Additional Content and that you only acquire a personal, limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable license to use such Additional Content for your individual, non-commercial, and entertainment purposes within the Service that offered you the ability to earn or purchase such Additional Content. The license to use the Additional Content will terminate upon termination of this agreement.

It’s important to acknowledge that you do not own the Additional Content. When you acquire or purchase Game Currency or Virtual Items, we provide you with a license to use it. You are only entitled to use it on the terms of this agreement. It means you cannot, for example, sell or transfer your in-game items to anyone else, unless we explicitly allow this in the game.

6.7.      Additional Content is Service specific and cannot be used outside of the Services. It has no real value and cannot be exchanged, consumed, or redeemed for non-game (“real”) currency, products, goods, services, or property in any form, neither by us nor by third parties.

You can’t use any portion of the additional content outside of our Services. We can change the purchasing price, or replace certain additional content, however rare yet possible. If we somehow affect your inventory, we might provide you with a replacement depending on actual circumstances.

6.8.      You cannot sell, rent, lease, lend, distribute, redistribute, trade, exchange, gift, or otherwise transfer or provide access to the Additional Content except as expressly permitted by the functionality provided within the Services.

6.9.      Without prejudice to other terms of this user agreement, we retain the right to, inter alia, delete, withhold, alter, remove, change, amend, replace, re-price, modify, delist, cancel, or impose certain thresholds on the amount of the Additional Content that may be earned, purchased, redeemed, held, stored, consumed, or used, in whole or in part, at our sole and exclusive discretion with or without further notice to you. Neither Vizor nor any other person or entity shall bear liability of any kind whatsoever based upon the above.

6.10.  You agree that any Additional Content (whether earned by performing certain tasks within the Services, or with Game Currency, or purchased for a fee) as well as any other digital content, services, or user progress may be irrevocably lost unless made under a user account. For clarity, if prior to playing a game, or making a purchase, you are not logged into your user account, any such purchases or user progress may be irrevocably lost. You hereby expressly acknowledge and agree that (i) any digital content or digital service earned or purchased without logging into your user account may be irrevocably lost, (ii) any such digital content or digital services may not be restored, (iii) neither Vizor nor any other person or entity shall bear liability of any kind whatsoever based upon such, and (iv) your sole remedy resulting from such is to stop using the Services.

Don’t forget to log into your user account so that any progress and purchases are recorded and saved. If you make a purchase without logging into your user account, it may be irrevocably lost at the end of the game session. If so, you may try contacting our help and support team, and we will see if there is anything we can help you with.

7.          PAYMENTS AND DELIVERY

7.1.      We do not handle and are not responsible for handling payment transactions. All payments, transactions, and monetary operations are made by third-party payment service providers or payment processors. By making any purchases, you agree to be bound by their terms and conditions.

We do not handle and are not responsible for payment transactions.

7.2.      Unless otherwise provided for in a respective Premium Upgrade plan, you will be charged automatically at the fee recurring interval applicable to the Premium Upgrade until it is cancelled or terminated. Recurring payments will be charged from the payment method according to your initial Premium Upgrade purchase.

If you purchase a subscription, you will be charged every month until you cancel it. The payment method you used to purchase the initial subscription term will be used for the purchase of further subscription periods.

7.3.      When making purchases, you must provide true, accurate, complete, and up-to-date information about yourself and provide non-fraudulent means of payment. If our payment service provider, payment processor, or any platform brings to our attention that the information you provided, personal and/or financial, is untrue, inaccurate, or incomplete, or that there are reasonable grounds to believe that the information you provide is untrue, inaccurate, or incomplete, we are therefore entitled to annul related financial transactions and revoke all associated licenses acquired via such transactions.

You are responsible for providing true and accurate information when making purchases.

7.4.      You agree that we will start the performance of the purchasing contract for the Additional Content (or for any other digital content or digital service we offer to purchase) immediately after acceptance of your request. Our duty to deliver is considered duly performed after the digital content (or any means suitable for accessing or downloading the digital content) is made available or accessible, or the digital service is made accessible, to you.

In-game purchases are usually delivered immediately after the payment. If you are having a hard time with a purchase, please contact the respective platform’s help and support service, or, when buying directly from us, please do not hesitate to contact us via e-mail or in-game help and support feature.

7.5.      You agree that in case the Service or the Additional Content have not been delivered to you immediately after you request, we therefore shall be entitled to a cure period of three (3) business days to deliver. We assume no liability based on the above except for the cases where the Service or the Additional Content have not been delivered after the cure period has expired, or otherwise required by applicable law.

8.          REFUNDS

8.1.      All purchases are final and non-refundable unless otherwise provided in this agreement, or as expressly provided by external platforms’ terms and conditions, or as required by applicable law.

Some jurisdictions require to provide refunds or execute a right of withdrawal, so this term may not apply to you, therefore consider checking country specific terms clause below.

8.2.      When you make purchases on external platforms (e.g., App Store, Google Play), any such purchases made from the external platforms are subject to their terms and conditions, and you shall address you refund inquiry directly to the external platforms. Vizor does not assume liability of any nature whatsoever in connection with the charging or billing on the external platforms, or in connection with any other actions of the external platforms.

We recommend that you check the external platforms’ refund rules. We’ve gathered some helpful links below.

8.3.      If you make a purchase on our platforms (e.g., https://klondike-online.com/ or http://knightsbrides.com/) and provided that you are entitled to withdraw from the purchase subject to the provisions of the applicable law, then you shall address your refund inquiry directly to us.

If you make purchases directly from us, please consider contacting us via email or through the in-game help and support feature.

8.4.      Refunds are exclusive of the tax previously charged for purchases. In case of refund, the respective payment processor’s standard terms and conditions will apply. If your refund or cancellation of payment request is accepted, the corresponding amount of Additional Content will be deducted from your user account.

We do not control or process refunds.

8.5.      You acknowledge and agree that should you violate any of these terms or the external platforms’ terms and conditions, like providing your account or payment details to anyone else, or providing untrue on inaccurate payment details, or have been suspected or found in fraudulent behavior, or refund abuse, your refund request may therefore be declined.

If you are entitled to a refund (please see country specific terms below), but you somehow violate external platforms’ terms and conditions, or if you abuse refund system, your refund request may be refused.

9.          PRINCIPLES OF CONDUCT

9.1.      While using the Services, you must comply with the terms of this agreement and any applicable laws, rules, and regulations in the jurisdiction in which you reside.

The terms below are not exhaustive. You also must comply with the applicable laws of the jurisdiction of your residence and other rules and regulations.

9.2.      We reserve the right to take appropriate measures to protect us, our users, subsidiaries, parental companies, affiliates, directors, officers, employees, our software, services, and other subject matter, the reputation and goodwill thereof, at our sole discretion, against inappropriate behavior, regardless of whether such behavior is listed herein. We may provide warnings before we take appropriate measures and, when we take such measures, we shall notify the details of the measures and the reason for taking the measures. A legitimate user restriction by Vizor shall be exempt from any liability for damages.

We believe that you are a trustworthy person and will not behave inappropriately.

However, we must note that to make your and other users’ experience enjoyable, we reserve the right to take appropriate measures.

9.3.      You agree that the following comprises inappropriate and unacceptable behavior and that you will not do, or allow, or cause, or encourage anybody else to do any of the following:

9.3.1.      Spamming, trolling, threatening, flaming chat;

9.3.2.      Behaving offensively, harassing, or threatening users;

9.3.3.      Transmitting, communicating, or posting any content which we reasonably believe to be, or is deemed to be, unlawful, harmful, hateful, offensive, abusive, forbidden, defamatory, vulgar, obscene, pornographic, harassing, lewd, threatening, fraudulent;

9.3.4.      Using language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethically, or otherwise objectionable;

9.3.5.      Transmitting, communicating, or posting any language or content using a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;

9.3.6.      Transmitting, communicating, posting, or using cheats, bots (and any other computer program intended for performance of forbidden actions or getting additional advantages), as well as any other computer program or technical means that interfere with normal Services functioning or is aimed at getting additional advantages which are not provided for by the rules, logics or technical capabilities of the Services;

9.3.7.      Transmitting, communicating, or posting any information, whether personal or not, related to the users of the Services without their express written consent to do so;

9.3.8.      Excessively using or otherwise abusing help and support service, including but not limited to excessively submitting false or deemed to be false, untrue, or groundless reports, or harassing, threatening, spamming, trolling, or otherwise flaming our support team;

9.3.9.      Excessively using or otherwise abusing refund system;

9.3.10.  Selling, renting, leasing, or otherwise exploiting the Services in a way not expressly allowed by us in writing;

9.3.11.  Circumventing, altering, deleting, interfering, or otherwise modifying any notices, including trademark, copyright, attribution, or other notices;

9.3.12.  Circumventing, altering, deleting, interfering, or otherwise modifying any security measures in and to the Services;

9.3.13.  Promoting or causing gambling, speculation, lewdness, or violence acts in the Services;

9.3.14.  Promoting or causing any acts of infringing upon the rights of other persons or violating the laws and regulations of the country where you are located in and outside the Services.

9.4.      You agree that your user account and/or access to and use of the Services may be suspended, in whole or in part, in order to investigate your behavior, for as long as it may be needed to conduct the investigation.

We may carry out certain actions to investigate whether you violate any of the terms on the left, for example if we receive reports from other users. To do this, we may need to temporarily suspend your access to your user account, which means you will not be able to play our games.

10.      FEEDBACK

10.1.  We do not endorse, encourage, or support any creative ideas, materials, content, suggestions, concepts, including software and code, and all other types of creative works (“Feedback”) you submit to us, whether directly or indirectly, and regardless of the form of such submissions (via sending us an email or otherwise communicating your Feedback). We appreciate your eagerness to contribute, however, we have to ask you to refrain from contributing any Feedback.

We at Vizor really love reading your feedback, however, we do not encourage (and we ask you to refrain from) submitting any ideas of yours. We do this to avoid any misunderstandings or disputes about the similarity between our games, products, or services and your feedback, or whether our games, products or services feature or incorporate your feedback. Anyway, if you still want to send us something, any such submissions will be interpreted as unsolicited ideas.

10.2.  If you still submit your Feedback to us, you therefore grant Vizor a non-exclusive, freely sublicensable, irrevocable, transferable, assignable, fully paid, and royalty-free right and license to use, reproduce, copy, host, store, incorporate, adapt, modify, change, amend, prepare derivative works based on, communicate to the public, publicly display, publicly perform, broadcast, transmit, make available, sell, rent, lease, offer, or otherwise exploit the Feedback for any and all current and future purposes and methods of exploitation, commercially or otherwise, in whole or in part, in any media known or developed in the future, without further notice or compensation of any kind, alone or accompanied by other material, including any text, image or other creative elements that may be used at our sole discretion, on the territory of any country and for the entire duration of the intellectual property or other proprietary rights.

We know it might sound silly, but it’s not. If you decide to submit any sort of feedback, despite we ask you not to do so, you therefore give us permission to use your feedback. We will not be obligated to credit you or to compensate you for your feedback.

10.3.  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. You acknowledge and agree that we are not required or obliged to credit, attribute, or compensate you. 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.

11.      USER GENERATED CONTENT

11.1.  Certain Services may allow you to design, develop, create, contribute, use, modify, upload, transmit, publish, or make available User Generated Content.

By playing our games or otherwise using the services we offer, you may create or upload your own content, whether intentionally or unintentionally. For example, if you upload your own and unique user profile picture, it is considered as content generated by you, i.e., User Generated Content.

11.2.  “User Generated Content” means, without limitation, nicknames, usernames, avatars, profile pictures, profile bio, profile description, chat posts, forum posts, comments, in-game constructions, in-game creations, choices or decisions made by you or by other users, screenshots, pictures, artwork, sounds, music, recordings, videos, or other material you create, contribute, upload, modify, use, publish, transmit, or make available in or through the Services.

11.3.  You own and control intellectual property rights or other proprietary rights you may have in your own, creative, and original materials or content that forms part of User Generated Content, except for the Services or any part thereof.

What’s yours is yours, what’s ours is ours. We don’t claim any rights in content generated by you, however, we and our partners reserve the rights in and to the games you play.

11.4.  At the moment when you create, upload, transmit, publish, or make available User Generated Content in or through the Services, you grant Vizor a non-exclusive, worldwide, perpetual, irrevocable, permanent, freely sublicensable, transferable, and assignable, fully paid and royalty-free right and license to use, reproduce, copy, host, store, incorporate, adapt, modify, change, amend, prepare derivative works based on, communicate to the public, publicly display, publicly perform, broadcast, transmit, make available, in whole or in part, within the Services, Vizor websites, Vizor social media accounts, and on any external platform, for the purposes of operating, maintaining, supporting, or marketing the Services. You acknowledge and agree that your User Generated Content may be available or accessible to other users.

When you upload, transmit or publish your content (like your unique user profile picture), or create content within the game (like building a unique and creative in-game farm), we have to ask your permission to license your content, because otherwise it would be impossible to make certain in-game features available.

11.5.  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 User Generated Content. You acknowledge and agree that we are not required or obliged to credit, attribute, or compensate you. 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 User Generated Content without indicating your name or pseudonym (anonymously) and the right to make edits in and to your User Generated Content without prior consent or further notice to you.

11.6.  You represent, warrant, and agree on an ongoing basis that none of your User Generated Content violate or will violate the terms and conditions of this agreement (Principles of Conduct clause in particular), are subject to or will be subject to any obligation, or violate or will violate intellectual property rights or any other proprietary rights of any person or entity. We assume no responsibility or liability for your User Generated Content.

Your content must not violate third parties’ rights (like violating someone’s copyright) and the terms and conditions of this agreement (like transmitting or posting something unacceptable).

11.7.  We do not endorse, approve, or support any User Generated Content, and you agree, on an ongoing basis, that you will not assert, declare, suggest, assume, or claim that any User Generated Content has been endorsed, approved, or supported by Vizor.

If you decide to upload, transmit, publish, or create User Generated Content, you do it because you, not Vizor, decided to do so.

11.8.  We assume no responsibility to examine, check, approve, review, or pre-screen any User Generated Content. However, we reserve the right to suspend or remove any User Generated Content if there are reasonable grounds to believe that it violates the terms and conditions of this agreement, or any intellectual property rights or any other proprietary rights of any person or entity, without prior or further notice or liability to you.

We believe you are a trustworthy person and will not upload or create anything that may be considered unacceptable or illegal, that’s why we rely on you and don’t pre-approve your or other players’ content. However, if your content violates someone’s rights or this agreement, we may delete it.

12.      WARRANTIES AND LIABILITY

12.1.  THIS AGREEMENT DOES 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.

As a consumer, you may have certain statutory rights which cannot be disclaimed, limited, or excluded, depending on where you reside.

12.2.  IF YOU RESIDE IN AUSTRALIA, EUROPEAN ECONOMIC AREA, UNITED KINGDOM, OR SWITZERLAND, WE WARRANT THAT THE SERVICES WILL BE PROVIDED WITH DUE CARE AND SKILL. MOREOVER, IF YOU RESIDE IN EUROPEAN ECONOMIC AREA, WE WARRANT THAT OUR DIGITAL GOODS AND DIGITAL SERVICES COME WITH A LEGAL GUARANTEE OF CONFORMITY PURSUANT TO THE PROVISIONS OF DIRECTIVE (EU) 2019/770 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. NO OTHER PROMISES, REPRESENTATIONS OR WARRANTIES ARE MADE.

If you live in Australia, EEA, United Kingdom, or Switzerland, there is a warranty that the Services will be provided with due care and skill. “Due care and skill” means the care and necessary skills usually used under the same or similar circumstances. In all other cases, we provide our games and updates on an “as is” and “as available” basis. “As is” means that there still may be some bugs, errors, or omissions. “As available” means that we will deliver you our games and updates when we think we are ready. We cannot warrant that our games or updates will be errorless or of high quality because video games are complex products.

We are striving to deliver our games and new content to you as soon as possible, however, sometimes it may not be consistent with your expectations, or we may need more time for polishing or fixing bugs.

Because of that, our liability should be limited, except where otherwise required by law.

12.3.  IF YOU RESIDE OUTSIDE AUSTRALIA, EUROPEAN ECONOMIC AREA, UNITED KINGDOM, OR SWITZERLAND, THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ANY ACCESS TO OR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGE IT MAY CAUSE. WE MAKE NO WARRANTIES THAT THE SERVICES ARE OF A PARTICULAR STANDARD, QUALITY, VALUE OR GRADE; THAT THE SERVICES WILL BE AVAILABLE; THAT THE SERVICES WILL BE ACCURATE, TIMELY, COMPLETE, OR ERRORLESS. IN PARTICULAR, WE MAKE NO WARRANTY THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES; THAT THE SERVICES WILL MEET YOUR NEEDS; THAT YOU WILL ENJOY THE SERVICES; THAT ALL THE ABOVE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT ANY DEFECTS OR OMISSIONS WILL BE FIXED OR CORRECTED.

12.4.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VIZOR, NOR ITS LICENSORS, SERVICE PROVIDERS, OR CONTRACTORS, NOR THEIR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR SUBSIDIARIES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF REVENUE, DAMAGE CAUSED TO YOUR PROPERTY, LOST DATA OR OTHER INTANGIBLE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, IN ANY OTHER WAY ARISING OUT OF USE OR INABILITY TO USE THE SERVICES. THUS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF VIZOR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES SHALL BE ALWAYS LIMITED AND, IN ANY WAY, WILL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO VIZOR SIX (6) MONTH PRECEDING THE DATE YOU FIRST ASSERT YOUR CLAIM. YOU HEREBY AGREE THAT IF YOU HAVE NOT PAID ANY AMOUNTS DURING SUCH PERIOD, YOUR SOLE REMEDY (AND OUR SOLE LIABILITY) FOR ANY CLAIMS AND DISPUTES IS TO CEASE USING THE SERVICES. WE, HOWEVER, DO NOT LIMIT OR EXCLUDE OUR LIABILITY RESULTING FROM FRAUD, GROSS NEGLIGENCE, WILFULL MISCONDUCT, OR IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM AN ACT OR OMISSION BY US.

12.5.  YOU ACKNOWLEDGE AND AGREE THAT THE DISLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY ABOVE IS AN ESSENTIAL TERM OF THE BARGAIN BETWEEN YOU AND VIZOR.

The terms of this agreement are drafted in the way that they are subject to a disclaimer of any warranties and limitation of liability on our part.

13.      CHANGES TO THIS AGREEMENT

13.1.  This agreement may be periodically updated, changed, amended, altered, or otherwise modified for various reasons, e.g., to comply with the terms of the applicable legislation or to reflect certain changes in or to the Services, at our sole discretion and at any time. Any changes, amendments, translations, deletions, or any other alterations of these terms, whatsoever, by you are not allowed and expressly rejected by us.

We may need to introduce changes to this agreement for various legal reasons.

13.2.  If we modify this agreement, we will notify you by sending an email, or posting a notice within the Services, or updating the “Last modified” date above. The current version will be made available to you with the indication of the date of the most recent change.

13.3.  Any changes will become effective and legally binding 30 days after we post it on this website.

If we somehow change or modify this agreement, these changes will become effective 30 days after we post it on this website. If you do not or cannot agree to the introduced changes, you may either stop accessing and using our games or contact us.

13.4.  Your continued use of the Services, in whole or in part, constitutes your acceptance of changed terms. If you do not agree to the changes, you must cease accessing and using the Services.

14.      TERMINATION

14.1.  You may use the Services for as long as you are in compliance with the terms of this agreement. However, you can terminate this agreement at any time simply by requesting us to delete your user account. If you do not have a user account, simply delete the Services from your device (for mobile games) or stop accessing and using the Services (for browser games). Please be aware that your user history, in-game progress, in-game currency, in-game items, in-game purchases, and other items are directly linked to your user account (the “Account Details”). You may lose the Account Details as a result of termination of this user agreement.

You may play our games as long as you want unless you breach the terms of this agreement. You are free to choose whether to continue to play or terminate this agreement. If you want to terminate this agreement, simply contact us via email (please see the contact info below) or use the in-game help and support feature.

14.2.  We may limit, suspend, or terminate this agreement if you breach or threaten to breach this agreement, or if there are reasonable grounds to believe that this agreement, or any policy incorporated herein, will be breached. Namely, we may suspend or terminate your user account or your access to and use of certain features, in-game currency, in-game items, in whole or in part, at any time, on any platform. If you have more than one user account, we may terminate all of your user accounts, depending on the depth of breach. We will take reasonable efforts to notify you of the limitation, suspension, or termination in advance, provided, however, there are no serious grounds for not doing so.

If you do something that is not allowed in this agreement, like harassing people or exploiting our property commercially, we will terminate this agreement.

14.3.  Notwithstanding the above, we reserve the right to terminate this agreement without any breach by you if we decide to stop providing the Services, in whole or in part. We will take reasonable efforts to notify you 30 days in advance by communicating to you directly or posting a notice on our website.

Not likely, but still possible. We may stop providing games and services for some reason, even without any breach of this agreement by you.

14.4.  We also reserve the right to delete user accounts that have been inactive for a long time (180 days and more).

We may delete inactive accounts to comply with applicable laws (mainly privacy ones), however, we won’t do that until we certainly have to.

14.5.  Upon termination of this agreement, your license to use the Services shall cease immediately, and you will no longer have access to the Services, your user account, including but not limited to any purchases or other content linked to the account from the moment of termination. Unless otherwise provided in this agreement or under applicable law, you will not be entitled to any refunds after termination of this agreement.

If your account is suspended or terminated (mainly, due to your fault to comply with the terms of this agreement), any data contained or otherwise associated with the account (for example, your in-game progress or in-game currency) will be irrevocably and permanently lost.

15.      GOVERNING LAW AND JURISDICTION

15.1.  Nothing in this agreement limits of affects your statutory rights you may have according to applicable law.

That’s what we mean when we say “to the maximum extent permitted by law”.

15.2.  This agreement and all disputes arising out of or in connection with this agreement shall be governed by and construed in accordance with the laws of the Republic of Cyprus.

This agreement is governed by the Cyprus laws, unless otherwise stated for your country of residence below.

If any conflict or dispute arises between us, it shall be resolved by the courts of Cyprus, again, “to the maximum extent permitted by law”.

15.3.  You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the Services and this agreement.

15.4.  Unless otherwise provided by applicable mandatory rules of consumer protection law in your jurisdiction, you agree to the exclusive jurisdiction of the courts of Cyprus.

16.      GENERAL

16.1.  This user agreement does not intend to limit or exclude any statutory right you may have under applicable law.

You may have certain statutory rights under the relevant provisions of applicable law. The provisions of this user agreement are not intended to somehow exclude or limit them. If something in this agreement doesn’t work because it contradicts with applicable consumer or contract law, it will not affect the enforceability of any other part of this user agreement.

16.2.  If any part of this agreement is found to be invalid or unenforceable, it will not affect the rest of the agreement.

16.3.  This agreement is for the benefit of its parties (i.e., you and us) and does not create any rights for any third parties.

This agreement is between you and us, and any other party (like your friend or colleague) does not and will not have any rights arising out of or in connection with this agreement.

16.4.  The English version of this agreement shall be the original governing instrument between you and us, and in the event of any conflict between this English version and any other language version of the same, the English version shall at all times prevail, govern, and control. If you read this agreement in any other language, either provided by us or translated by you, these other language versions are for your convenience only, and the English version always remains the controlling version.

We may translate this agreement into other languages for the benefit of our players. There may be minor discrepancies between different language versions, and to avoid such discrepancies in interpretation, we decided that the English version of this agreement shall be the main one.

16.5.  You agree to fully comply with all export/import laws and regulations. You may not, neither you may allow or authorize anyone else to, use the Services or any portion thereof on the territory of any terrorist supporting country or the country in relation to which the appropriate restrictive measure or sanctions have been imposed. You represent and warrant that you are not located, domiciled, or resident in any of such countries.

It is prohibited to use or allow anyone else to use our games and services in the countries in relation to which certain restrictions or sanctions have been imposed.

16.6.  We may assign or transfer this agreement, in whole or in part, to anyone at our sole discretion if we find it necessary, with or without notifying you. You may assign or transfer this agreement, provided, however, you will notify us in advance of any such assignment in writing. You agree that if you assign or transfer this agreement without notifying us in advance, any such assignment or transfer will be ineffective.

Though unlikely, we may assign or transfer this agreement to another person. It doesn’t itself interfere with your access to or use of our games or services. You may assign this agreement as well, but you must notify us in advance. If you don’t notify us in advance, any assignment by you will be ineffective.

16.7.  No failure or delay to exercise any right or remedy under this agreement by us or you constitute a waiver of that right or remedy, at a present or in the future.

If you, or us, do not use some right or remedy, this right or remedy will still be available in the future. Definitely not a seasonal offer.

17.      LINKS TO THIRD PARTIES’ WEBSITES AND RESOURCES

The Services may contain links to third parties’ websites and other resources. These links are provided for your reference only, and Vizor may not be held liable for any reason whatsoever as from your use of these links. You hereby expressly agree and acknowledge that Vizor has neither power nor control over the contents of these third parties’ websites. By accessing or using these links, you therefore make your own informed decision based upon your sole judgment.

You may find certain links to third parties’ websites and social networks. Usually, these are links to our social media websites, such as Facebook fan page, however, you should know that we don’t control these websites, and any usage thereof is subject to separate terms and conditions set out by these websites.

18.      CONTACT US

If you have any questions or complaints concerning the Services, or if you simply would like to reach out to us, you can find our contact details below:

Name: VIZOR APPS LTD

Registration number: HE354652

Address: Archiepiskopou Makariou III, 169, CEDAR OASIS TOWER, Flat/Office 701, Lemesos, 3027, Limassol, Cyprus

Email: support@vizor-apps.com

Helpshift: https://vizor.helpshift.com/

You may contact us either via email, or phone, or the consumer-first platform Helpshift.

If you want to contact us quickly and communicate efficiently, we recommend contacting us via Helpshift.

19.      COUNTRY SPECIFIC TERMS

19.1.  AUSTRALIA

If you are a consumer habitually residing in the Commonwealth of Australia, the below terms apply to you.

More information about your statutory rights can be found on the Australian Competition & Consumer Commission website.

19.1.1.  The Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled: (i) to cancel your service contract with us; and (ii) to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

19.1.2.  To the maximum extent permitted by law and except for the consumer guarantees that cannot be excluded under the Australian Consumer Law, we exclude any (i) warranty, representation, condition, guarantee, term, or undertaking implied herein by applicable law (Schedule 2 of the Competition and Consumer Act 2010), common law, trade, or equity in their entirety, and (ii) liability for losses, damages, charges, or expenses arising out of or relating in any way to this agreement or the Services, whether direct or indirect, whether based on contract, tort, or any other legal theory, even if we have been advised of possibility of thereof or should have foreseen the possibility of the above, in any way arising out of use, or inability to use, the Services, other than for personal injury or intentional damages directly caused by us. To the extent that the liability may not be excluded, you acknowledge and agree that it is fair to limit our liability to the supplying of the Services again.

19.2.  EUROPEAN ECONOMIC AREA

If you are a consumer habitually residing in a member state of the European Economic Area and accessing or using the Services on our platforms, the below terms and conditions apply to you.

The terms set forth below shall apply if you are residing in a member state of the EEA and making purchases on our platforms (don’t confuse with the external platforms like App Store, Google Play, or Microsoft Store, they have their own refund rules which we don’t control).

19.2.1.  You have the right to withdraw from a purchase within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the purchase. To exercise the right of withdrawal, you must inform us (contact details are provided below) of your decision to withdraw from the purchase by an unequivocal statement (e.g., a letter sent by post or email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

This is your statutory right provided by law, however, pay attention to the details below.

19.2.2.  You may use the attached model withdrawal form, but it is not obligatory:

To VIZOR APPS LTD:

I hereby give notice that I withdraw from my purchase for the provision of the following service [specify the service], ordered on [specify details], received on [specify details], your full name and address, your signature (only if this form is notified on paper), and date.

This is a model withdrawal form, but it is not obligatory.

19.2.3.  If you withdraw from the purchase, we shall reimburse you all payments received from you, including the costs of delivery (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the purchase. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

14 days is a statutory term in the EU to return your money should you withdraw from a purchase.

19.2.4.  By making any purchase, you provide us with your prior express request and consent to begin the performance of a purchasing contract during the statutory right of withdrawal period (namely, within 14 days, both for digital content and digital services). We will deliver, or begin the performance of, Additional Content immediately after we or any platform accept your request and in any case before the expiration of the withdrawal period. You hereby expressly acknowledge and agree that, once the purchasing contract has been fully performed by us, you will no longer have the right of withdrawal, to change your mind, cancel the purchase and get a refund.

You will lose your right of withdrawal when the Additional Content has been made available to you (for example, when in-game consumables like energy, coins, or gold have been credited to your account, when you consume such consumable items, or when you download certain content to your device) or when the respective service has been fully performed (e.g., when your subscription term has ended).

19.2.5.  Notwithstanding the above, you can cancel your subscription and request a refund within 14 days from the transaction date. You can cancel your subscription even after you started using it. The withdrawal period will commence on the day we accepted your order, even if the subscription includes a free trial period. If you order a subscription for 30 days and the subscription period allows you to use it for free within first 7 days, after which you will be charged according to your selected payment method, you will have 7 days after the purchase to cancel your subscription and get a refund. Please note that if you order a short-term subscription (e.g., 7 or 14 days), you will lose your right to cancel and get a refund as soon as the subscription term ends, provided that the service has been rendered in an appropriate manner.

You can cancel your subscription any time within the first 14 days from the date we made the subscription available or accessible to you. Any free-of-charge trial periods will be included in the 14-day period. If you order a short-term subscription, you’ll lose your right to cancel and get a refund, provided that the service has been rendered properly.

19.2.6.  If you withdraw from a paid subscription, you shall pay us an amount proportional to what has been provided until the time you have informed us of the exercise of the right of withdrawal, in comparison with the full coverage of the contract.

If you have requested to withdraw from a service contract the performance of which has already started, you shall pay us an amount corresponding to the proportion of the services already provided until you have informed us of the withdrawal, compared to the initial price.

19.2.7.  You acknowledge and agree that we will not make available to you any User Generated Content created, uploaded, transmitted, published, or made available in or through the Services that (a) has no utility outside the Services; (b) only relates to the your activity when using the Services; (c) has been aggregated with other data and cannot be disaggregated or only with disproportionate efforts; or (d) has been generated jointly by you and others, and other consumers are able to continue to make use of the content.

You have the right to retrieve your User Generated Content, and we shall make it available to you, however, such User Generated Content does not fall in one of the categories on the left.

19.3.  SOUTH KOREA

If you are a consumer habitually residing in the Republic of Korea and accessing or using the Services on our platforms, the below terms apply to you.

19.3.1.  You may cancel a purchase and obtain a refund within 7 days after the date of delivery of Additional Content (“right of withdrawal”). You will immediately lose your right of withdrawal when you have accessed, downloaded, or otherwise used the Additional Content. Notwithstanding the above, you will not lose you right of withdrawal if the Additional Content is faulty or defective due to no your fault, in which case you have an extended period to claim a refund within 30 days after you become aware of the defect.

7 days is a statutory term in South Korea to withdraw from a purchase. However, if you download, access, or otherwise use the items you have paid for, you will no longer be able request a refund.

19.3.2.  If you are not eligible to enter into this agreement either by yourself or with parental or guardian consent, or if you have not obtained such consent (if necessary), or if you otherwise do not have legal capacity necessary for exercising rights and performing duties under this agreement, then you may cancel a purchase and obtain a refund pursuant to the Korean Civil Act. However, we may refuse to cancel a purchase and provide a refund if you had convincingly pretended to be an adult or to have obtained parental or guardian’s consent.

Under the Korean Civil Act, one has the right to request a refund provided that the purchase has been made by a person without necessary legal capacity, e.g., when a child makes a purchase without having obtained a parental or guardian consent.

19.4.  UNITED KINGDOM

If you are a consumer habitually residing in the United Kingdom, the below terms apply to you.

We recommend that you visit Citizens Advice website for more information about your statutory rights https://www.adviceguide.org.uk/

19.4.1.  If the Additional Content you have purchased is faulty, you are entitled to a repair or a replacement.

Once you paid a price for some Additional Content, then if you can show that that content is faulty (that is, does not meet the quality rights), we will be liable to provide you a remedy, e.g., to replace or repair the faulty item you have paid for.

19.4.2.  If the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can request a refund.

If we can’t address the issue, you can request a refund for the faulty Additional Content.

19.5.  UNITED STATES

If you are a resident of the United States of America, the below terms apply to you.

If you live in the United States of America, consider reading the provisions below carefully because it affects your rights to file a lawsuit in court.

19.5.1.  Disputes. You and Vizor agree to resolve any Dispute according to the procedure set forth below. The dispute resolution procedure will apply to any Disputes between you and Vizor, whether those arose before or after we entered into this agreement, or even when this agreement is terminated for any reason or no reason. “Dispute” means any dispute, claim, or controversy between you and Vizor arising out of or relating to this agreement, Privacy Policy, the Services, your use or attempted use of the Services, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, whether based on contract, statute, regulation, ordinance, tort, fraud, negligence, unfair competition, injury, misrepresentation, rights of privacy, or any other legal or equitable theory.

This clause sets out the rules for dispute resolution between you and Vizor. Please read it carefully because it affects your right to file a lawsuit in court, as mentioned above.

19.5.2.  Informal Resolution. You and Vizor agree to make a good faith effort to resolve any Dispute informally at least thirty (30) days prior to starting an arbitration process as described below. This informal dispute resolution process starts as soon as we receive your written dispute notice through support@vizor-apps.com (“Notice”). The Notice must identify the complaining party and include at least the full name and contact details, describe the nature and basis of the Dispute, the title of the specific Service subject to the Dispute, and set forth the specific relief sought. Any Notice lacking any of the requirements set out above will be deemed void.

Arbitration is a form of alternative dispute resolution that resolves disputes outside the judiciary courts. In simple terms, arbitration is the out-of-court dispute resolution mechanism between two parties decided by a third party, an arbitrator. We believe arbitration is the most beneficial way to resolve disputes due to the key benefits such as speed, cost-effective approach, and privacy of the parties.

19.5.3.  Arbitration Agreement. If you or Vizor cannot resolve a Dispute informally as set out above, you and Vizor agree to resolve any Dispute exclusively through binding individual arbitration (not in a trial before judge or jury) pursuant to the U.S. Federal Arbitration Act. Any decision made by a neutral arbitrator (not a judge or jury) will be final. If you or Vizor brings a Dispute that can be resolved by arbitration pursuant to the terms of this agreement in court, then either party may ask the court to order the parties to resolve the Dispute by arbitration. We both agree that the neural arbitrator will have the exclusive authority to decide if any provision of this section 19.5 is valid or enforceable, or whether a Dispute is subject to arbitration. For clarity, threshold questions of enforcement are to be delegated to the arbitrator. The provisions of this section 19.5 shall survive termination of this agreement of any reason.

19.5.4.  Arbitration Procedure. The arbitration will be governed by the Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) available at www.adr.org. You and Vizor agree that the arbitration will be conducted in English. You and Vizor agree on the electronic submission of documents and allow participation by phone or by teleconference, or in person, at a mutually agreed location. Each side will pay their own attorneys’ fees and costs unless the claims allow for the prevailing party to recover attorneys’ fees and costs. If you or Vizor unsuccessfully challenges the validity of the arbitrator’s decision or award through a court case, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the challenge.

19.5.5.  Exceptions. You and Vizor agree that the informal resolution and arbitration agreement of this section 19.5 will not apply to the following Disputes: (a) individual actions in small claims courts; (b) Disputes or other claims regarding Vizor’s intellectual property, including but not limited to Disputes concerning protection or enforcement of Vizor’s trademarks, trade dress, trade secret, patents, copyrights, or other intellectual property rights; (c) Disputes or other claims related to piracy or interference with the integrity of the Services.

There are certain exceptions when arbitration procedure does not apply. That is, arbitration won’t apply in case of individual actions in small claims court, claims concerning violation of Vizor’s intellectual property, or piracy.

19.5.6.  Class-Action Waiver. You and Vizor agree that any Dispute or other claim is personal to you and Vizor, and that we may bring Disputes or other claims against each other only in individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You expressly waive any right to file or participate in a class action on a class or representative basis. Furthermore, unless both you and Vizor agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this section 19.5.6 is found to be unenforceable, then the entirety of section 19.5 shall be null and void.

Class-action waiver works in conjunction with the arbitration agreement set out above and means that you waive your right to file or participate in any class or representative proceedings.

19.5.7.  Your Right to Opt-Out. You have the right to opt-out of the arbitration agreement and the class-action waiver provisions set out above and not be bound by them by sending us a written notice to opt-out to support@vizor-apps.com. The notice must include (a) your full name and contact details; (b) your explicit statement that you would like to opt out of the arbitration agreement, or the class-action waiver agreement, or both; (c) the title of the specific Service to which your opt-out notice should apply; (d) your e-mail address. You must send us this notice within thirty (30) calendar days after you first accepted the terms of this agreement, or started using the Services, or the Services have been made available to you, whichever is earlier. If you do not send us the notice within that time, or if the notice does not contain all the requirements set out above, you will be bound to arbitrate Disputes according to the terms set out in this section 19.5. If you opt out, you and Vizor will not be bound by the arbitration provisions of this section 19.5.

We should mention that you have the right to refuse the arbitration and class-action waiver agreement. To exercise this right, you should follow the instructions on the left and notify us of your decision by a written statement. Please keep in mind that you must notify us of your decision to refuse (opt out) within 30 days after you access, download, or use any portion of the Services, or otherwise accept this user agreement. If you don’t exercise this right within the abovementioned term, you will lose your right to opt-out.

20.      PLATFORM SPECIFIC TERMS

20.1.  APPLE iOS

The below terms shall only apply to users who use the Services on iOS operated devices they own or control:

However, consider checking the Warranties and Liability clause. Please note that Vizor disclaimed or waived any warranties or representations to the maximum extent permitted by law.

20.1.1.  You acknowledge that this agreement is concluded between you and Vizor only, and not with Apple Inc. (“Apple”). Vizor, not Apple, is solely responsible for the Services and the content thereof.

20.1.2.  The license granted to you under this agreement is limited to a non-transferable license to use the Services on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Store Terms of Service.

20.1.3.  Vizor, not Apple, is solely responsible for providing any maintenance and support services with respect to the Services, as specified herein. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.

20.1.4.  Vizor, not Apple, is responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Vizor.

20.1.5.  You acknowledge that Vizor, not Apple, is responsible for addressing any claims relating to the Services and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

20.1.6.  You acknowledge that, in the event of any third-party claim that the Services use infringes any third party’s intellectual property rights, Vizor, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

20.1.7.  You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

20.1.8.  You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this agreement, and that upon your acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary thereof.

20.2.  GOOGLE PLAY

The below terms shall only apply to users who use the Services on Android operated devices they own or control:

However, consider checking Warranties and Liability clause. Please note that Vizor disclaimed or waived any warranties or representations to the maximum extent permitted by law.

20.2.1.  You acknowledge that this agreement is concluded between you and Vizor only, and not with Google LLC or any other Google entity (“Google”). Vizor, not Google, is solely responsible for the Services and the content thereof.

20.2.2.  The license granted to you under this agreement is limited to a non-transferable license to use the Services on Android devices that you own or control and as permitted by Google in its Terms of Service.

20.2.3.  Vizor, not Google, is solely responsible for providing any maintenance and support services with respect to the Services, as specified herein. You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.