These terms of service (hereinafter the “Terms of Service”) govern the relationship between You (as the user of certain services) (hereinafter “You” in all forms) and the company “Apex Point LLC” (hereinafter the “Company” and/ or “we” in all forms) in relation to:

1. our online browser game (hereinafter the “Game”) available through:

2. our website: haw.apexpoint.com (hereinafter the “Site”);

3. our mobile application of the Game (hereinafter the “Mobile Application”);

4. any other services we may provide to You in relation to the Game in accordance with these Terms of Service, including but not limited to support service and premium service (hereinafter collectively the “Services”).

BY REGISTERING FOR THE GAME THROUGH THE SITE OR THE MOBILE APPLICATION, YOU REPRESENT THAT YOU ACKNOWLEDGE AND ACCEPT THESE TERMS OF SERVICE AND PRIVACY POLICY (BOTH LATTER AVAILABLE THROUGH THE SITE AND MOBILE APPLICATION).

ALSO BY ACCEPTING THESE TERMS OF SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE REACHED THE AGE TO ENTER INTO BINDING AGREEMENT WITH US IN THE COUNTRY IN WHICH YOU ARE LOCATED OR RESIDE OR THAT YOU HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION, IF REQUIRED BY APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU ARE LEGALLY ALLOWED TO ENTER INTO THIS AGREEMENT AND THAT YOU BY ENTERING INTO IT DOES NOT VIOLATE ANY APPLICABLE LAWS. IN ANY CASE, YOU CONFIRM THAT YOU ARE AT LEAST 13 YEARS OLD. IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE GAME AND SERVICES.

Please kindly note that from time to time we may need to amend these Terms of Service, Privacy Policy and Refund Policy

The latest versions of these Terms of Service, Privacy Policy and Refund Policy are always available on the Site and the Mobile Application. You must check for updates of this Terms of Service every week, but We strongly advise You to check for updates independently each time You use the Game or the Services either through the Site or the Mobile Application.

1. WARRANTIES

We warrant that we have the right to enter into these Terms of Service and grant You the license to use the Game and the Services through the Site and the Mobile Application according to these Terms of Service and Privacy Policy.

2. DISCLAIMER

Please, be aware that the use of the Game and the Services shall be at Your own sole risk. The Game and the Services are provided on the “as is” and “as available” basis. We assume no liability and provide no warranties of any nature thereof, including but not limited to the implied warranties of merchantability and fitness for any particular purpose. Please note, that by accepting these Terms of Service you are automatically accepting the Privacy Policy and Refund Policy of the company, which are the integral part of these Terms of Service and which contain additional information on the relative subjects that should be read and acknowledged by the User.

The Company shall not be liable for any delay or failure of the Game and/ or the Services resulting from the causes outside the reasonable control of the Company, including without limitation any delay or failure of the Game and/ or the Services due to unforeseen circumstances or causes beyond the control of the Company, among others, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes or shortages of transportation facilities, fuel, energy, any other resources or materials or labor. Additionally, we do not guarantee that:

1. the Game and/ or the Services will meet Your expectations and/ or requirements;

2. the quality of any products, services, information or other materials purchased or obtained by You through or in any relation to the Game or the Services will meet Your expectations and/ or requirements;

3. the Game and the Services will be uninterrupted, timely, virus-free, error-free or such defects will ever be corrected;

4. the use of the Game and/ or the Services will be absolutely secure;

To the fullest extent permitted by applicable law, in no event shall the Company be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Game and/ or the Services, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Game or the Services by any third party, (vi) any loss of your data or content (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages, and/or (viii) the disclosure of information pursuant to these terms of use or Privacy Policy

We are constantly working on further development of the Game and the Services. This means that from time to time we introduce upgrades and improvements in the gameplay, features, graphics, technical infrastructure etc. We don’t guarantee that such upgrades and improvements won’t change Your experience of using the Game and/ or the Services.

PLEASE NOTE THAT DOWNLOADING OR ANY OTHER OBTAINMENT OF ANY MATERIALS WHILE USING THE GAME AND/ OR THE SERVICES SHALL BE DONE ON YOUR OWN SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES, INSTALLED SOFTWARE AND/ OR OPERATION SYSTEMS AND/ OR ANY LOSS OF DATA THAT MAY RESULT FROM OBTAINING ANY SUCH MATERIALS.

3. ACCOUNT

In order to use the Game and the Services You have to create an account (hereinafter the “Account”). By using Your Account You may access the Game and Your progress in the Game through the Site and the Mobile Application.

During Account registration process You will be also required to provide additional information, which You must provide truthfully and accurately. Details about the information You are requested to provide, how we process, use and store it are set in the Privacy Policy.

The Game may be accessed through the Mobile Application without creation of the Account. However, even though it is not a demo mode, in order to later access Your progress in the Game through other devices, You have to create the Account. Without creating the Account it is impossible to follow the progress of the Game created on another device.

You are not permitted to share Your Account with anyone. You are not permitted to sell or transfer Your Account to anyone. In case You grant access to Your Account to third parties You will still be solely responsible for all actions carried out by these third parties.

You are responsible for keeping Your Account secure from third parties. Under no circumstances should You disclose password from Your Account to third parties. Note that our representatives, including the support team, will never ask You for Your Account password.

Please notify us immediately if any of the following occurs:

1. any unauthorized use of Your Account;

2. any hacking tools have been used or might be used in relation to either the Game, the Account or the Services.

We have the right to suspend your Account following the receipt or a reasonable suspicion of any legal notice addressed to you or us in connection to your Account and/or your activities; or in case of any legal proceedings commenced by you against us.

4. INTELLECTUAL PROPERTY RIGHTS

The Site, the Mobile Application and the Game contain a lot of different materials and assets, including but not limited to technology, software, interfaces, design, texts, images, videos, sounds and music (hereinafter collectively the “Content”). The Content and all intellectual property rights connected thereto (hereinafter the “IP Rights”) are owned by us (or by our affiliates and partners as applicable).

As long as these Terms of Service are in force between You and us, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicenseable, revocable license so that You can access, view and use the Game and/ or Services.

You must not download (except as part of the proper use or operation of the Game or the Services), copy, publish, post, distribute, print, reproduce, modify, adapt, transfer, disseminate, copyright, trademark or make any commercial use of any content (fully or partially) available in the Game, on the Site, in the Mobile Application or the Services, unless we expressly authorize You to do so in writing.

5. CODE OF CONDUCT

When You access and use the Game and the Services You agree to comply with the Rules of the Conduct included in the Community Rules and with the following requirements:

1. You will not attempt to obtain login information or access another user’s account or collect or harvest personal information from other users;

2. You will not exploit, distribute or publicly inform other users of any error, miscue or bug of the Game which provides for an unintended advantage or allows impersonation of another person, including by use of automated collection mechanisms such as clear graphics interchange formats ("gifs"), cookies, or similar technology;

3. You will not harass, threaten or bully any other users, nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, pornographic or illegal content, or content that infringes or violates the rights of someone else, or impersonate any other person;

4. You will not use the Game or the Services for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation (such as chain letters, junk e-mail, “spam,” or other repetitive messages).

5. You will not create an Account using a false identity or information, or on behalf of someone other than yourself;

6. You will not sell, buy, trade, or exploit for any commercial purposes (or attempt any of these actions), any part of the Services, including, but not limited to, Accounts, Virtual Currency, and Virtual Goods, other than in a manner stipulated in the Game;

7. You will not attempt to gain unauthorized access to the Game, to accounts registered to others, including by circumventing or bypassing robot exclusion headers or security mechanisms for the Game.

8. You will not use any software, technology, or device to send content or messages, scrape, spider, or crawl the Game, or harvest or manipulate data from the Game.

9. You will not advocate, promote, encourage, or otherwise facilitate any illegal behavior, including but not limited to the use of illegal drugs, unlawful gambling or theft.

10. You will not engage in any other prohibited conduct;

Any use of the Service in violation of these limitations is strictly prohibited, can result in the immediate revocation of your license, and may subject you to liability for violations of law. Company reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Use or the Service itself. In the event of a breach of any of the above, Company will decide at its sole discretion what actions, if any, it will take, including terminating your Account, prohibiting you from using the Service, and/or informing the appropriate authorities.

6. USER CONTENT

The Game and certain Services permit You to create and/ or upload materials, which You have created, such as, including but not limited to, posts, chat messages and profile content associated with Your Account (hereinafter the “User Content”).

We do not pre-screen, approve, endorse or own Your USER CONTENT (as well as USER CONTENT of other users of the Game), which You have uploaded or made available to other users via the Game or the Services. Still by uploading or making available Your USER CONTENT via the Game or the Services You grant us a non-exclusive, transferable, sublicenseable, irrevocable license to store, publish, print, distribute, reproduce, adapt, modify, transfer and use for commercial purposes (including but not limited to the use in for advertisement purposes) Your USER CONTENT.

If You upload or make available Your USER CONTENT to other users via the Game or the Services, You among other agree to the following:

1. any part of the USER CONTENT, which comprises, incorporates or otherwise relates to any of our IP Rights becomes and remains our property;

2. You must not upload or make available to other users any materials that belong to the third parties unless You have been expressly authorized by such third parties to do so;

3. You must not upload any USER CONTENT which infringes the intellectual property rights, privacy or any other rights of the third parties or which is illegal or breaches these Terms of Service;

4. Your USER CONTENT must comply with applicable law and must not contain any materials which may be considered illegal, offensive or defamatory towards the third parties or us, and/ or which could cause any reputational loss or embarrassment to us;

5. You are solely responsible for Your USER CONTENT;

6. You must not in any way claim or suggest that any USER CONTENT is endorsed, supported by, or affiliated with us;

7. We may not bear any liability or responsibly for Your USER CONTENT, nor do we provide any support for the USER CONTENT;

8. we reserve the right to edit, move, block, disable, remove (temporary or permanently) or take any other actions we consider appropriate in respect to Your USER CONTENT which we believe is against/ does not fulfill any of the conditions above.

7. VIRTUAL GOODS, PURCHASES, BILLING

The access to the Game and basic gameplay features is free of charge. However, the Game may permit You to purchase premium content, including but not limited to rights to use virtual items, access to additional features and additional in-game services (hereinafter collectively the “Virtual Goods”). Please note that You purchase only the rights to use the Virtual Goods, whilst the Virtual Goods, at all times remain in the property of the Company. In order to purchase the Virtual Goods, when using the Game through the Site, You need the Account.

While using the Game via the Mobile Application, the Virtual Goods may be purchased without the Account, however, please note that in this way (without the Account) purchased Virtual Goods cannot be used or transferred to the other devices. When accessing the Game via Mobile Application (without the Account) the Virtual Goods can be purchased inside the Game, but they can be only used within the current platform and in the current progress of the Game. To avoid doubt, the purchased Virtual Goods cannot be transferred from one Game to another, cannot be switched between the users and are only accessible in the same game progress where they were purchased.

Before purchasing the Virtual Goods from us You among other must ensure that:

1. You either are at least 18 (eighteen) years old or older if required by the applicable law or, if You are under age of 18 (eighteen), that Your parent or legal guardian has agreed to the respective purchase and these Terms of Service on Your behalf;

2. You or the person conducting the respective purchase on Your behalf is the authorized Account holder for the Account from which You or the other person is conducting a purchase or You or the other person is authorized to use the particular payment details (i.e., credit card);

3. all information You submit is true and accurate;

4. You agree to pay all the fees, commissions and charges associated with Your purchase.

PLEASE NOTE THAT WE DO NOT STORE ANY OF YOUR PAYMENT DETAILS ON OUR SERVERS. THE COMPANY ITSELF DOES NOT PERFORM ANY PROCESSING OF THE PAYMENTS. PROVISION OF PAYMENT PROCESSING IS PERFORMED SOLELY BY THE THIRD PARTY PLATFORMS.

Before You confirm Your purchase by clicking on any button concluding the purchase process or by fulfilling another action (e.g. sending a message), You must carefully review Your purchase details, including but not limited to the selected payment method and total price including all applicable taxes and charges. If You find any errors, You should correct them or cancel the purchase.

Please be aware that in respect to the Virtual Goods we reserve the following rights:

1. to offer different sets and/or prices for the Virtual Goods available for purchase for different users of the Game;

2. at any time in our sole discretion to modify the sets and/ or prices of the Virtual Goods available for any user of the Game;

3. to decline Your request to acquire the Virtual Goods for any reason.

Additionally, also the following rules among others apply to the Virtual Goods:

1. the Virtual Goods may be redeemed for other Virtual Goods only where permitted in the Game;

2. the Virtual Goods are non-refundable and non-exchangeable (whether or not You use them), unless otherwise expressly stated in these Terms of Service or required by applicable law;

3. You cannot sell or transfer the Virtual Goods to anyone, unless otherwise permitted in the Game and such actions are carried out in a special in-game interface;

4. You may only acquire the Virtual Goods from us or other users of the Game via special interface inside the Game;

5. the Virtual Goods cannot be exchanged for cash or any other goods or services, except other Virtual Goods as permitted in the Game.

8. CONSUMER RIGHTS

If any of the provisions of these Terms of Service regarding the consumer rights contradict any of the provisions of the applicable consumer protection law, the respective provisions of these Terms of Service shall not be applied.

9. TERMINATION OF THE TERMS OF SERVICE

We reserve the right to suspend Your Account either temporarily or permanently for any reason. Permanent suspension will also mean that we close Your Account and terminate these Terms of Service between You and us.

If Your Account is suspended (or blocked) temporarily, You will not be able either to access Your Account or use the Game and the Services for the period of suspension.

If Your Account is suspended (or blocked) permanently, You will never be able either to access it or use the Game or any of the Services. We may also prohibit You from accessing or using the Game or any of the Services in the future.

Account suspension doesn’t grant You the right for any refunds and/ or compensations even if at the time of the suspension You have had any unused Virtual Goods.

If You believe that Your Account has been suspended in error, please contact our support at support@apexpoint.com.

You may close Your Account and terminate these Terms of Service at any time without a cause by contacting our support at support@apexpoint.com.

PLEASE NOTE THAT YOUR GAME PROGRESS AS WELL AS ALL PURCHASED VIRTUAL GOODS ARE DIRECTLY LINKED TO THE EXISTENCE OF YOUR ACCOUNT. IF YOU DECIDE TO CLOSE YOUR ACCOUNT AND TERMINATE THESE TERMS OF SERVICE, YOUR PROGRESS AND PURCHASED VIRTUAL GOODS WILL BE LOST FOREVER AND WE WON’T BE ABLE TO RESTORE THEM EVEN IF YOU CHANGE YOUR MIND AFTERWARDS.

In case You choose to close your account and terminate these Terms of Service, you won’t be entitled to any refunds or compensations even if at the time of such a closure you have had unused Virtual Goods.

Upon termination of these Terms of Service the Company will take all reasonable steps to destroy or de-identify Your personal information. You acknowledge that some information about You may be retained where required by applicable law or for data back-up purposes.

10. DISPUTE RESOLUTION

In the event of any controversy or claim arising out of or relating to these Terms of Service, including their existence, validity, termination or breach thereof, we and You shall consult and negotiate with each other and thus attempt to reach a satisfactory solution. If a satisfactory solution is not reached in mutual negotiations, the dispute shall exclusively be settled by the courts of general jurisdiction of Russian Federation in accordance with the laws of Russian Federation.

For disputes arising between us and You, or any other user of the Game, and not settled in mutual negotiations You and we agree that we can only bring a claim against each other on an individual basis. Neither You nor we can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action.

11. CONTACTS, E-MAILS AND NOTIFICATIONS

Please address all Your questions, complaints or comments regarding these Terms of Service to our Support at: support@apexpoint.com.

Please note that we are always looking forward to provide support to you in relation to technical problems / difficulties that you may encounter while using the Game. However, please be aware that the technical support is available solely during the working hours of the technical support team and might take extra time to revert back to your query, whereby the technical support might not meet your expectations.

Please note that we may occasionally send you the emails with offers, promotions, and/or information of interest. To opt out from receiving the emails from us, please follow the unsubscribe instructions contained in the relevant emails or contact us at support@apexpoint.com. Our applications may also send notifications to your phone.

Last Update: May 25, 2020