End-User License Agreement

EFFECTIVE AS OF SEPTEMBER 15, 2023

Introduction

This End User License Agreement ("EULA" or "Agreement") is a legally binding agreement between you and ACOUST ENTERTAINMENT SINGAPORE PTE. LTD (the "Company"), which governs your access and use of the Company's games and related services (collectively, the "Services").

Please read this Agreement carefully. By accessing or using any of the Company's Services, you agree to be bound by the terms and conditions herein. If you do not agree, you must not access or use the Services.

By using the Services, you confirm that you enter into a binding contract with the Company and accept this EULA. You also agree that anyone using the Services on your device will comply with this EULA.

If you are in a jurisdiction where the Services are illegal, unauthorized, or penalized, you must not access or use the Services.

THIS EULA FULLY INCORPORATES BY REFERENCE:

  1. THE PRIVACY POLICY; AND
  2. ALL OTHER POLICIES AND GUIDELINES OF THE COMPANY'S SERVICES.

Your Account

You may access the Services as a visitor or by registering an account ("Account"). By creating an Account directly or through a third party, you confirm that all registration information you provide is accurate, current, and complete. You agree to update your information if any changes occur.

You may be required to provide personally identifiable information ("Personal Data"). You are responsible for keeping your account and password secure and for all activities under your Account.

The Company may suspend or terminate your Account at its discretion for any conduct deemed illegal or inappropriate, including but not limited to sharing offensive or illegal content or using the Services in a harmful manner.

Using your Account for illegal, fraudulent, or abusive purposes may be reported to local authorities without notice.

By registering an Account, you agree to this EULA, understand how your personal information will be used, and consent to receiving marketing communications from the Company and its partners ("Sponsors"). Opting in is voluntary, and you may choose whether to receive such offers.

Agreement Review and Notices

The Company may revise this Agreement from time to time. Updates will be communicated via the Services or other means. Your continued use constitutes acceptance of changes. You may be asked to re-acknowledge the Agreement after material changes.

User Eligibility

The Services are intended for individuals aged eighteen (18) or above (or the age of majority in your jurisdiction).

By using the Services, you represent that you have the legal capacity to enter a contract. Users under the age of majority must have parental or guardian consent.

User Conduct and Content

You may access the Services only if you accept this EULA. Inappropriate content is prohibited, including but not limited to: sexual content, profanity, hate speech, violence, terrorism, bullying, harassment, dangerous products, and illegal substances. The Company may remove such content and suspend offending accounts.

Restrictions regarding your use of the Services

All content and works provided by the Company in the Services ("Materials") are owned or controlled by the Company, its affiliates, or third-party licensors.

Materials contain copyrighted or proprietary content and are subject to this EULA, policies, agreements, and applicable laws.

Third-party licensors retain all rights. You must adhere to the following restrictions:

  1. You may not copy, reproduce, share, or transmit Materials unless authorized;
  2. You may use Materials only for personal, non-commercial purposes;
  3. No commercial exploitation of Materials is permitted;
  4. You may not modify, adapt, or create derivative works of Materials;
  5. You may not infringe copyrights or other proprietary rights;
  6. You must comply with all applicable laws;
  7. Unauthorized reproduction or distribution is prohibited;
  8. Usage restrictions may be enforced via technological means;
  9. All rights not expressly granted are reserved to the Company and licensors;
  10. The Company may enforce these rules with or without notice.

Customer Support

For questions about the Services or this Agreement, contact us at [email protected].

Term and Termination of Agreement

This Agreement begins when you start using the Services and remains effective until terminated. The Company may terminate or suspend your Account for unauthorized use. The Company is not liable for any consequences of termination.

Exclusion of Warranties

YOU ACKNOWLEDGE THAT THE SERVICES, MATERIALS, AND COMPANY OFFERINGS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND YOU USE THEM AT YOUR OWN RISK.

WE DO NOT WARRANT THAT:

  1. YOUR USE WILL MEET YOUR REQUIREMENTS;
  2. YOUR USE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  3. INFORMATION OBTAINED WILL BE ACCURATE OR RELIABLE;
  4. DEFECTS IN SOFTWARE OR SERVICES WILL BE CORRECTED.

NO OTHER WARRANTIES APPLY EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES ARE NOT LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR MATERIALS.

Your sole remedy is to stop using the Services. The Company's total liability will not exceed any amounts paid by you for the Services.

Third-Party Content and Links

The Services may include links or third-party content. The Company is not responsible for external content, accuracy, or quality. You assume all risks associated with third-party content.

Prohibited Activities

You may not:

  1. Use the Services for unauthorized commercial purposes;
  2. Violate applicable laws or regulations;
  3. Remove proprietary notices;
  4. Create derivative works;
  5. Sell, assign, lease, or sublicense without permission;
  6. Reverse engineer or hack the Services;
  7. Access or modify source code;
  8. Monitor or collect user information without authorization;
  9. Attempt to bypass security measures;
  10. Interfere with Company security;
  11. Use Services to infringe rights or obstruct others.

End User Representations and Warranties

You represent and warrant that you have the legal right to use the Services lawfully and in compliance with this EULA and applicable policies.

Notification of Copyright Infringement

Report copyright concerns to [email protected]. The Company will investigate and take appropriate action.

Indemnity

You agree to indemnify and hold harmless the Company and its affiliates against any claims arising from your use of the Services or violation of this EULA.

Trademarks

All Company and third-party trademarks are protected. Do not use them without permission.

Governing Law

This Agreement is governed by the laws of Hong Kong. Arbitration shall be conducted under HKIAC rules in English.

Statute of Limitations

Any claims must be filed within one (1) year of the event giving rise to the claim.

Miscellaneous

All rights not granted are reserved. This EULA may be updated and your continued use constitutes acceptance. Conflicting terms elsewhere are overridden by this Agreement.

Supplemental Terms - App Stores

By downloading from any App Store, you acknowledge that App Store terms may apply and that the App Store owner is not responsible for compliance under this EULA.