Terms of Service

Effective date：14/12/2022

Welcome to Bakkhos Games.

The following Terms of Use (the "Terms'') constitutes the entire agreement between you and BAKKHOS TECHNOLOGY PTE. LTD. (thereafter "【BAKKHOS】","we","us") and governs your use of the Bakkhos games applications, website, products, services and other content which are stated to be offered (collectively “Services''), superseding any prior agreements.

Please take the time to read the Terms carefully. By accessing or using the Services, including your purchase process, you represent that you are competent to enter a binding contract and you have read the Terms, understand them and agree to be bound by these Terms. If you do not agree to the Terms, please do not access, or otherwise use any of the Services.

WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY.

1. Who May Use the Services

You must be at least the age to consent to processing of your personal data in your country of residence ( the “Minimum Age” , e.g., You must be at least 13 years old in the US, the minimum age for applicable jurisdictions set forth in our Privacy Notice) and comply with all eligibility conditions as set forth by us on the platform.

By using the Services, you confirm that you are over the relevant age specified herein. If you are above the Minimum Age but below the age of majority under the law applicable to you, you must have your parent or legal guardian's permission to use the Services. Please have him or her read these Terms with you.

Without limiting the generality of the age limit set forth above, you must be at least 18 years old (or the legal age of majority in your jurisdiction) to use certain features of the Services (e.g., make purchases). In such cases, we may require you to provide the necessary information or document to prove your age before accessing or using such features.pa

2. Your Account

You need to create an account with us in order to access and use the Service. Any account that you register with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. You are responsible for: (a) safeguarding your account details, and (b) all use of Services under your account, including any comments, or issues arising under your account. We will regard all use of your account on the Services as being by you, except where we have received a valid and–properly received notification to us regarding your account.

Your account name, user ID, and other identifiers you adopt within the Services remain our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.

You may access some features of the Service (e.g., post comments) by using your account with a third party (e.g., your Google account) (“Third-Party Account”). If you have any questions or encounter any problems with your Third-Party Account, you should contact the relevant third party and resolve the issue directly with a such third party. We are not responsible for your Third-Party Account, including without limitation loss or stealing of your password or misuse or retrieval of your Third-Party Account.

You are solely responsible for the activity that occurs on your account. You must notify us immediately of any breach of security or unauthorized use of your account.

You may close your account at any time, provided that you have paid any and all remaining amounts owed to us, if any. If your account is canceled, terminated, or suspended, you will lose the ability to access and use such an account and any user content that you have stored in that account.

We will terminate a user's access to the Service if, under appropriate circumstances, the user violates these Terms of Service. We may at any time, without prior notice and in its sole discretion, remove inappropriate content and/or terminate a user's account for submitting such material in violation of these Terms of Service. We will not be liable to you or any third party in connection with such deletion of your user content or your loss of access and use of such an account.

3. Your Use of the Services

The Services are owned and operated by us. Your access to and use of the Services is subject to the Terms and all applicable laws and regulations. The Services are for everyone, regardless of race, gender identity, sexual orientation, ethnicity, nationality, color, immigration status, social and economic class, educational level, size, family status, political belief, religion, and mental and physical ability or any other attribute that people use to label others or divide communities. It is important for all our users to respect the rights of others and refrain from misusing the Services. When you access or use any Service, you shall not :

access or use the Services if you are under the Minimum Age, or if you are otherwise not competent to agree to the Terms;
resell or charge others for use of the Services;
use the Services, without our explicit written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation, or spamming;
use any automated system, software, robot, spider, crawler, or interface, whether operated by a third party or otherwise, to extract any data or other user’s information from the Services;
attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
duplicate, disassemble, decompile, transfer, exchange or translate the Services, create derivative works of the Services of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the Services;
engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of a Service;
interfere with or disrupt any Service or any server or network used to support or provide a Service;
promote, encourage or take part in any prohibited activity described above.

We reserve the right, at any time and without prior notice, to permanently or temporarily remove or suspend access to the Services if at our sole discretion that your use of the Services violates or potentially violates the Terms, applicable laws, or regulations.

4. Payment

We offer most of the features of the Services to you for free. We also offer you premium service and you shall pay fees before you can use them. Fees and rates for such premium services are solely determined by us and will be displayed on the Services at the point of purchase. We may add or change fees, rates, and charges and/or the features and functions available with the premium services from time to time by posting such changes on the Services. As such, please make sure you read any notification of price changes carefully. Your continued use of the premium service after the effective date of any such change means that you accept and agree to such changes.

The currency applicable to your payment may depend on various factors (e.g., the jurisdiction where you make the purchase and the Google Play/ Apple Store through which you make the purchase).

Payments made under these Terms will be made without deduction or set-off for any withholding taxes, levies, imports, duties, charges, and fees imposed by any governmental taxing authority except as required by law.

You can pay for the Fees via your valid Google ID/ Apple Store account. All payments will be processed in accordance with the applicable terms and conditions of Google Play/ Apple Store Policy. If there is any failure of payment via your chosen payment method (e.g., such payment is rejected, denied, or not received by us), we may not be able to provide you with the premium services or may terminate to provide your access and use of with the premium services until payment is properly processed, and you are liable for any fees, costs, expenses or other amounts arising from such failure of payment.

If you make a purchase, then you will be asked to provide customary billing information, such as your Google/Apple store account, billing address, either to us or the third party payment processor. When you provide billing information to us or the third party payment processor, you (a) represent and warrant that you are the authorized user of the account associated with such billing information, (b) authorize us or the third party payment processor to process your payment for any purchase or other fees incurred by you. If you are directed to the third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s privacy policy. You will review such third parties’ terms and conditions and privacy policy before using such services.

All sales are final and no refunds will be allowed except as required by law.

5. Advertising Rights

We reserve the right to sell, license, and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with the platform, and we and our licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these terms obligates, or may be deemed to obligate us to sell, license or offer to sell or license any advertising, promotion, or distribution rights.

6. Third Party Services

By accessing or using the Services, you may access or use content, materials, products, or services (“Third Party Content/Services”) provided by third parties. In case you access or use any Third Party Content/Services through the Services, you acknowledge and agree that (a) you are solely responsible for your access to or use of such Third Party Content/Services; (b) you shall be solely responsible for your reliance and other activities arising from or in connection with your access to or reliance on such Third Party Content/Services; (c) we have no control over the Third Party Content/Services, and we do not warrant, approve or endorse any Third Party Content/Services in any manner; (d) we are not responsible for the accuracy of Third Party Content/Services; (e) we do not guarantee the quality, reliability or suitability of any Third Party Content/Services; and (f) we have no liability to you for any damages or losses suffered as a result of or in connection with your access to or use of Third Party Content/Services.

You acknowledge that the games available on our Services and any and all content and elements embodied therein are Third Party Content/Services provided by the respective third party game distributors or developers or other third party providers, not by us.

We may display or otherwise make available advertising, promotional or commercial content or activities on our Services. You understand that such advertising content is Third Party Content/Services and is provided for your information only.

You acknowledge that we may, at our sole discretion, disable, suspend or remove the Third Party Content/Services from the Services in full or in part at any time without any liability to you.

7. Protection of Intellectual Property Rights

We respect the intellectual property rights of others and follow applicable laws on the protection of intellectual property. As a condition of your use of our services, you agree not to Infringe the intellectual property rights of us and any other third party.

As between you and us, all audios, videos, images, text, graphics, software, music, trademarks, marks, designs, and other content, information, and materials on our Services and the selection and arrangement thereof and all intellectual property rights in connection therewith (the “Content”) are either owned by or licensed to us. We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Content solely for your personal and non-commercial use in accordance with the terms and conditions of these Terms.

Except for the limited license granted above, we and our licensors retain all rights, title, and interest in and to the Services, including the technology and software used to provide the Services. The Services are protected by copyright, trademark, and other laws. If you violate these Terms, you may be breaking the law, including by violating our intellectual property rights. We and our licensors may actively protect our intellectual property rights in the event you violate these Terms.

8. Limited Warranty and Safety

Nothing in these Terms shall affect any statutory rights that you cannot contractually agree to alter or waive and are legally always entitled to as a consumer. We are also attaching great importance to your safety while using our Services. Please do not use our Services in a way that would distract you from obeying traffic or safety laws.

No conditions or warranties apply to the Services except to the extent that they are expressly set out in the Terms. We may change, suspend, withdraw or restrict the availability of all or any part of Services for business or operational reasons at any time without notice.

9. Limitation of Liability

To the maximum extent permitted by applicable laws, under no circumstance shall we, be liable to you or any third person for personal injury, or any special, incidental, indirect, punitive, or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of the Services, or following a failure, suspension or withdrawal of all or part of the Services at any time, software or functions used in connection with the Services even if we have been advised of the possibility of such damages.

10. Disclaimer

WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SOFTWARE, OR OTHER MATERIALS. WE PROVIDE THE PLATFORM ON AN “AS IS, AS AVAILABLE” BASIS. YOU USE IT AT YOUR OWN RISK, AND WE ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM THEIR USE. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY WARRANTY WHICH IS NOT SET FORTH IN THESE TERMS WILL BE INVALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAWS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAWS.

11. Indemnity

You will indemnify us against any claim or demand, including reasonable attorneys’ fees, related to: (a) your illegal use of our services; (b) any breach by you of your obligations under these Terms; (c) your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (d) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; and (e) your negligence or willful misconduct.

12. Suspension and termination of the Service

We reserve the right to suspend or terminate your access to the Service at any time in our sole discretion if a) you are in breach of these Terms; or b) your use of the Services could cause a risk of harm or loss to us or our other users; When reasonable and as permitted by law, we will provide you reasonable advance notice of this change as well as an opportunity to correct any actions that led to your’s decision. We will not be able to provide this advance notice if you are in material breach of these Terms, or if such notice would lead to civil or criminal liability for us, or if providing notice would compromise our ability to provide the Services to our other users. For the avoidance of doubt, we may still make a determination that it does not want to continue offering you access to the Service at any time for any or no reason.

13. Governing Law and Disputes

These Terms shall in all respects be governed by and construed and enforced in accordance with the laws of Singapore. You irrevocably consent to the exclusive jurisdiction of competent courts in Singapore for all disputes arising out of or relating to these Terms.

For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally.

14. Change to these Terms

We may from time to time change the Terms or change, modify, or withdraw access to the Services at any time with or without notice or liability. Any changes to these Terms will become effective when we post the revised Terms on the Platform. We will update the “Effective Date” at the top of these Terms, which reflects the effective date of such Terms.

By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing or using the Services.

15. APPLE APP STORE SPECIFIC TERMS

Your use of the Services made available as an application via the Apple App Store (“iOS Apps”) is subject to any policies promulgated by Apple Inc. or its affiliates or subsidiaries (collectively, “Apple”) that apply to the use of such Services, including the Apple Media Services Terms and Conditions.

If there is any inconsistency between the provision of this Section and the remaining provisions of these Terms, the provision of this Section shall prevail.

You acknowledge that:

to the extent any third party content is made available or accessible via the iOS Apps, the third party providing such content shall be solely responsible for such content;
we may from time to time adjust your visibility, status or rank on iOS Apps in accordance with these Terms;
we, not Apple, license or make available the iOS Apps to you in accordance with these Terms and these Terms are between we and you, not Apple;
the license granted to you in the iOS Apps is limited to a non-transferable license to use the iOS Apps on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such iOS Apps may be accessed and used by other accounts associated with the purchaser via iOS Family Sharing or volume purchasing;
you and we acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Apps;
you shall be solely responsible for ensuring your use of any account that you use to log into the Services is in accordance with the policies applicable to such account;
Apple Inc. and its affiliates are not responsible or liable to you for content made available through the Services, and as between you and Apple, you, not Apple, are solely responsible for your use of the Services and the content thereof;
in the event of any failure of the iOS Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS App(s) to you; and, to the maximum extent permitted by applicable laws, Apple will have no other warranty obligation whatsoever with respect to the iOS Apps, and as between Apple and us, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility;
as between Apple and us, (a) we, not Apple, are responsible for addressing any of your claims or claims of any third party relating to the iOS App or your possession and/or use of that iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, (b) in the event of any third party claim that the iOS App or your possession and use of that iOS App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
we do not grant you the right to use any intellectual property rights, including trademarks, of Apple Inc. or its affiliates. Your use of such intellectual property rights is granted (if applicable) in accordance with the Apple Media Services Terms and Conditions and any other policies made available by Apple Inc. or its affiliates from time to time in relation to the use of the platform;
we may be required to change the Services, or these Terms, in order to comply with the instructions of Apple. You agree that we are permitted to make such changes immediately and without notice and shall have no liability to you or others with respect to such changes; and

Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

16. Contact Us

If you have any questions or want to learn more about the Services, please contact us at contact@bakkhosgames.com