• TERMS AND CONDITIONS

General
1.1 These Terms and Conditions (“Terms”) govern your access to and use of our Clash of Pets mobile game (“Game”). The Game is offered to you by Coinary. The “Company”, “we”, “us”, “our” refer to the creators and administrators of the Game.

1.2 By accessing, downloading, or using our Game, you agree to be bound by these Terms. If you do not agree with these Terms, do not access, download, or use the Game.

1.3 We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Game after any changes constitutes your acceptance of the new Terms.

Eligibility
2.1 The Game is intended for users who are at least 13 years old. If you are under the age of 13, you are not permitted to use the Game. However, to earn and withdraw cryptocurrencies from the Game, users must be at least 18 years old.

Access and Use of the Game
3.1 The Game is intended for personal, non-commercial use. You may not use the Game for any commercial purposes.

3.2 You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password.

Payments and Rewards
4.1 The Company may provide users with opportunities to earn cryptocurrency and Non-Fungible Tokens (NFTs) through gameplay (“Rewards”). The mechanism for determining the amount and type of these Rewards is at the sole discretion of the Company and may be changed without prior notice.

4.2 The Game does not store cryptocurrencies. All in-game balances are representations of potential cryptocurrency earnings. Earnings are not guaranteed and are subject to policies and operating regions of our payout provider, Binance.com, through its Binance Pay service.

4.3 Binance is not a partner or endorser of the Game, and we are just a user of their services. We only will send cryptocurrency to users in the countries where Binance operates, subject to compliance with Binance’s policies.

4.4 We also provide NFTs via Myria services on the L2 chain. These NFTs are rewards for gameplay and we do not represent or warrant that they hold any monetary or real-world value.

4.5 The Company does not utilize Binance Email or Binance Pay ID information for marketing purposes or any other purpose, nor does it sell such information. The privacy and confidentiality of user data are of utmost importance to us. We are committed to maintaining the security and protection of user information in accordance with applicable data protection laws and regulations.

4.6 The Company cannot guarantee that the cryptocurrencies earned through gameplay will retain any monetary value. The value of cryptocurrencies can be volatile and subject to market fluctuations. The Company does not make any representations or warranties regarding the future value of the earned cryptocurrencies.

4.7 In the event that Binance delists any cryptocurrency that the Company rewards to players, the Company will not be able to provide an exchange of the delisted cryptocurrency amounts for any other cryptocurrency. The Company’s ability to provide cryptocurrency rewards is dependent on the availability and support of the respective cryptocurrency by Binance. Changes in Binance’s listing decisions are beyond the Company’s control, and therefore, the Company cannot facilitate exchanges or conversions of delisted cryptocurrencies.

4.8 In the event that a user loses access to their account for any reason, the Company cannot facilitate the transfer of funds between accounts or recover any lost balances. It is the user’s responsibility to maintain the security and accessibility of their account credentials. The Company cannot be held liable for any loss of funds resulting from the user’s inability to access their account.

4.9 If a player provides a fake or incorrect Binance Pay ID or Binance email for the withdrawal of cryptocurrency, the Company cannot guarantee that the customer success team will be able to restore the balance in the player’s account. It is the player’s responsibility to ensure the accuracy and authenticity of the provided withdrawal information.

In the event of an issue with the withdrawal process, players are advised to open a ticket with the customer support team. Please note that the time required to restore the balance, if feasible, may take approximately 4 business weeks. The Company will make reasonable efforts to resolve the issue within this timeframe, but it is subject to various factors and limitations.

4.10 Once a withdrawal has been successfully processed, the Company assumes no liability or responsibility regarding the destination or use of the withdrawn amount. It is the sole responsibility of the user to comply with Binance’s terms and conditions and to ensure that the recipient’s Binance account is active and in good standing.

If the payee’s Binance account is closed or limited by Binance for any reason, the Company cannot intervene or provide assistance in such cases. Users are responsible for understanding and adhering to Binance’s terms and conditions, and any issues arising from the recipient’s Binance account status or actions are beyond the control and responsibility of the Company.

Prohibited Conduct
5.1 You agree not to engage in any illegal or unethical activities while using the Game, including but not limited to:
a) Cheating or hacking to gain an unfair advantage in gameplay.
b) Creating multiple accounts to exploit the Rewards system or engage in fraudulent activities.
c) Engaging in disruptive behavior or harassment towards other users, both within the Game and in community communication platforms such as Discords, Telegram, Twitter, and other communication software or platforms.
d) Spreading false information or engaging in malicious activities that may harm the reputation or operation of the Game or the Company.
e) Attempting to gain unauthorized access to other users’ accounts or engaging in phishing attempts.
f) Violating intellectual property rights, including but not limited to unauthorized use or distribution of copyrighted materials or trademarks.

Termination of Use

6.1 The Company reserves the right to terminate your access to the Game at any time for any reason, including, but not limited to, your violation of these Terms. Such termination may occur without prior notice. The Company reserves the right to take appropriate legal action against individuals who engage in prohibited conduct or violate these Terms.

Expanding on the termination of access clause, please note that the Company may terminate your access to the Game without providing prior notice. This is done to ensure the overall integrity, security, and fair experience for all users of the Game. Termination of access may be a consequence of violating the prohibited conduct mentioned above or any other breach of these Terms or applicable laws and regulations.

Additionally, it is important to highlight that bad communication with our customer success/support team or engaging in negative or harmful behavior in community communication platforms may also be considered as a violation of these Terms and may lead to termination of access to the Game.

Dispute Resolution
7.1 Any disputes arising out of or relating to the Game or these Terms will be resolved in accordance with the laws of the jurisdiction of the Company.

Limitation of Liability
8.1 The Company, its affiliates, and their respective officers, directors, employees, agents, suppliers, or licensors will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the Game; (b) the conduct or content of other users or third parties on or through the Game; or (c) unauthorized access, use, or alteration of your content.

Disclaimer
9.1 The Game is provided “as is” without warranty of any kind. The Company disclaims all warranties, express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2 The Company does not guarantee that the Game will always be available, accessible, uninterrupted, timely, secure, accurate, complete, or entirely free from errors.

9.3 The Company does not warrant or make any representations regarding the reliability, accuracy, completeness, or usefulness of any information or content provided through the Game.

9.4 The Company does not guarantee that the Game will be error-free, secure, bugs, or other harmful components. While the Company strives to provide the best possible experience, it is important to understand that the use of the Game is at your own risk. The Company shall not be held responsible for any damages, losses, or consequences arising from the use of the Game, including but not limited to technical issues, interruptions, or any issues beyond the Company’s control.

The Company endeavors to maintain the Game in a reliable and secure manner, implementing appropriate measures to safeguard user data and ensure a smooth gameplay experience. However, it is impossible to eliminate all risks and potential issues that may arise. The Company cannot guarantee the continuous availability, functionality, or uninterrupted operation of the Game.

9.5 The Company shall not be responsible for any third-party content, products, or services linked to or accessed through the Game, and any dealings or interactions with such third parties are solely between you and the relevant third party.

Data and Privacy
10.1 Your use of the Game is subject to our Privacy Policy, which describes how we collect, use, and disclose your personal information. By using the Game, you agree to the terms of our Privacy Policy.

Intellectual Property
11.1 All rights, title and interest in and to the Game, including all copyrights, trademarks, and other intellectual property rights therein, are owned by the Company. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Game.

Third-Party Links
12.1 The Game may contain links to third-party websites or resources. The Company is not responsible or liable for the content, products, or services on or available from those websites or resources.

Indemnification
13.1 You agree to indemnify and hold harmless the Company, its directors, officers, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Game or your violation of these Terms.

Entire Agreement
14.1 These Terms constitute the entire agreement between you and the Company with respect to the Game, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the Game.

By accessing or using the Game, you signify your agreement to be bound by these Terms and Conditions. If you do not agree to these terms, you should not use the Game.

• PRIVACY POLICY

This Privacy Policy describes how Clash of Pets (“Game”) collects, uses, discloses, and protects your personal information in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. By using the Game, you consent to the practices described in this Privacy Policy. Please read this Privacy Policy carefully.

Information We Collect

1.1 Personal Information: When you use the Game, we may collect personal information that you provide voluntarily, such as your name, email address, age, and other information necessary for creating and managing your account. We rely on your consent as the lawful basis for processing this information.

1.2 Usage and Technical Information: We may collect certain information about your use of the Game, including your device information, IP address, gameplay data, and other technical information. This information is collected based on our legitimate interests in improving the Game, analyzing user trends, and providing a better user experience.

Use of Information

2.1 Personalization: We may use your personal information to personalize your gaming experience, provide tailored recommendations, and deliver relevant content. This processing is based on our legitimate interests in providing an engaging user experience.

2.2 Communication: We may use your contact information to communicate with you regarding important updates, announcements, and promotions related to the Game. We will obtain your prior consent before sending any direct marketing communications.

2.3 Research and Analytics: We may use collected information for research and analytics purposes to understand user preferences, trends, and patterns, which helps us enhance and optimize the Game. This processing is based on our legitimate interests in improving our services.

2.4 Legal Compliance: We may use your information to comply with applicable laws, regulations, or legal processes, or to respond to lawful requests and protect our rights and interests.

Sharing of Information

3.1 Service Providers: We may engage trusted third-party service providers to perform various functions necessary for the operation of the Game. These service providers have access to your information to the extent necessary to perform their services and are contractually obligated to maintain its confidentiality and comply with applicable data protection laws.

3.2 Legal Obligations and Protection: We may share your information to comply with applicable laws, regulations, legal processes, or enforceable governmental requests. We may also disclose your information to protect our rights, privacy, safety, or property, as well as that of our users and the public.

Data Transfers

4.1 International Transfers: As part of our business operations, we may transfer your personal information to recipients located in countries outside the European Economic Area (EEA) or other jurisdictions with data protection laws that may differ from those in your jurisdiction. In such cases, we will ensure appropriate safeguards are in place, such as using standard contractual clauses or relying on the recipient’s Privacy Shield certification, where applicable.

Data Retention

5.1 We will retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, including any legal, accounting, or reporting requirements. We will securely delete or anonymize your personal information when it is no longer needed.

Data Subject Rights

6.1 Under the GDPR, you have certain rights regarding your personal information. These rights include the right to access, rectify, restrict, and delete your personal data. You also have the right to object to the processing of your personal data, as well as the right to data portability. To exercise these rights, please contact us using the information provided in Section 8.

Data Security

7.1 We take appropriate technical and organizational measures to protect your personal information from unauthorized access, loss, misuse, or alteration. While we implement industry-standard security measures to safeguard your data, it is important to note that no method of data transmission or storage can guarantee absolute security.

7.2 We employ measures such as encryption, access controls, and regular security assessments to mitigate risks and protect your personal information. However, please understand that no system or technology can be entirely immune to potential security breaches, and we cannot guarantee the absolute security of your data.

7.3 We continually review and update our security practices to stay abreast of the latest developments in data protection. We strive to maintain a high level of security and follow best practices to safeguard your personal information.

7.4 It is important for you to also take precautions to protect your personal information. We recommend using strong, unique passwords, enabling two-factor authentication, and regularly updating your security settings. Additionally, please be cautious when sharing your personal information and be aware of potential phishing attempts or other malicious activities.

7.5 In the event of a data breach or security incident, we have procedures in place to promptly assess the situation, mitigate the impact, and notify the relevant authorities and affected individuals as required by applicable laws and regulations.

Contact Us

8.1 If you have any questions or concerns about this Privacy Policy or our privacy practices, or if you wish to exercise your data subject rights, please contact our Data Protection Officer at [email protected].

Changes to the Privacy Policy

9.1 We may update this Privacy Policy from time to time to reflect changes in our data processing activities or legal requirements. We will provide notice of any material changes and seek your consent if required by applicable laws.

Legal Basis

10.1 The legal basis for processing your personal information as described in this Privacy Policy depends on the specific context in which we collect it. We will process your personal information only where we have obtained your consent, where the processing is necessary for the performance of a contract with you, or where we have a legitimate interest to do so.