Please read these Terms of Use (the “Terms”) carefully. These Terms apply to your download, access and/or use of Sweetigo games, whether on your computer, on a mobile device, on our website www.Sweetigo.com (the “Website”) or any other website, device or platform (each a “Game” and together the “Games”). These Terms also apply to any other services that we may provide in relation to the Games or the Website, such as customer support, social media, community channels and other websites that we may operate from time to time. These Terms are a legal agreement and contain important information about your rights and obligations in relation to our Services.

1.1 If you do not agree to these Terms or any future updated version of them then you must not access and/or use, and must cease all access and/or use of, any of our Services. If we require that any future update to these Terms requires any action from you in order to accept the updated Terms, then you may not be able to continue to use the Services until you have taken such action.

1.2 These Terms represent a legal agreement between you and Sweetigo.com.

1.3 By Joining or clicking “Accept” on the Game's pop-up screen, or registration page, Sweetigo's webpage or downloading, installing, accessing or using the Services, you confirm that:

1.3.1 you have read and understood these Terms and any other documents referred to herein, including without limitation our Privacy Policy, and that you agree to be bound by these Terms; and

1.3.2 you are at least 13 years old, or else you must not use our Services. If you are the parent or guardian of a minor aged 13 or older (depending on the applicable laws of your country), you are agreeing to these Terms on your behalf and on behalf of your minor(s) who you have authorised to use the Service pursuant to these Terms.

1.4 FOR RESIDENTS IN THE USA: IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW IN PARAGRAPH 21.

1.5 In these Terms references to “Sweetigo”, “we”, “us” and “our” are references to Sweetigo.com as well as Sweetigo.com Affiliates where appropriate.

1.6 These Terms are made available via the app store or platform that you download our Games from (such as the Apple App Store, Google Play Store, or Amazon App Store or the Microsoft Store), on any website or platform where you can play our Games such as www.facebook.com. You agree that by accessing and/or using our Services, you are agreeing to these Terms and our Privacy Policy (see paragraph 13 below).

1.7 YOU MUST BE AND HEREBY AFFIRM THAT YOU ARE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OR STATE OF RESIDENCE. If you are under the legal age of majority and over the age of 13, your parent or legal guardian must consent to these Terms as set out in paragraph 1.3.

1.8 You can access the latest version of these Terms at any time at https://sweetigo.com/terms-and-conditions. We can make changes to these Terms at any time in accordance with paragraph 17 below and, except in relation to any amendment to paragraph 21 (Binding Arbitration and Class Action waiver) below, your continued use of our Services after the Terms have been updated shall confirm your acceptance of the updated Terms.

2 About accessing and using our Services

2.1 The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these Terms and you agree that you will comply with them in respect of each individual Game which you choose to access and/or play.

2.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.

2.3 There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. See paragraph 8 below for more information.

3 Accounts

3.1 When using our Services you may choose to, and in some instances you will be required to, create an account with us (“Sweetigo Account”). If you do create a Sweetigo Account with us, you agree that you will take all steps necessary to protect your log in details and keep them secret. If you do not create a Sweetigo Account, your game play and any Virtual Content purchased or earned will not be accessible from any other device, and will not be restored to a different device if you lose, damage or change your device.

3.2 You agree that you will not give your login details to anyone else or allow anyone else to use your login details or Sweetigo Account.

3.3 In these Terms, references to “login details” or “Sweetigo Account” include your login details and account for any social network or platform that you may allow our Services to interact with.

3.4 We will be entitled to assume that anyone logging into your Sweetigo Account using your login details is you and not anybody else. If you fail to keep your login details secret, or if you share your login details or Sweetigo Account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorised purchases) and agree to fully compensate us for any losses or harm that may result.

3.5 We will not be responsible to you for any loss that you suffer as a result of any other person accessing your Sweetigo Account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.

3.6 We reserve the right to delete your Sweetigo Account if no activity is conducted by you in relation to the Sweetigo Account for 180 or more days. In such an event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that Sweetigo Account and no refund will be offered to you in relation to the same.

3.7 You understand that if you delete your Sweetigo Account, or if we delete your Sweetigo Account in accordance with these Terms, you may lose access to any data previously associated with your Sweetigo Account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your Sweetigo Account). We have no obligation to reinstate your Sweetigo Account or be liable for any loss of data if you delete your Sweetigo Account, or if we delete your Sweetigo Account in accordance with these Terms.

3.8 YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY Sweetigo ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY Sweetigo ACCOUNT AT ANY TIME FOR ANY REASON (SUCH AS CEASING A GAME FOR ECONOMIC REASONS DUE TO A LIMITED NUMBER OF USERS CONTINUING TO MAKE USE OF THE GAME OVERTIME) OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.

3.9 Your Sweetigo Account is personal to you and you are not entitled to transfer your Sweetigo Account to any other person.

4 Virtual Content

4.1 Our Games may include virtual currencies such as boosters and gems (“Virtual Items”), items or services for use within our Games (“Virtual Goods”) or paid subscriptions for Virtual Money, Virtual Goods or other in-game features (“Subscriptions”). Virtual Goods, Virtual Money and Subscriptions shall together be referred to in these Terms as “Virtual Content”. To benefit from or use some Virtual Content in our Games, you may first have to reach a certain level or progress to a certain point. To the fullest extent permitted under applicable law, you agree that (once purchased) Virtual Content has no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Content is not transferable to anyone else and you will not transfer or attempt to transfer any Virtual Content to anyone else. For the purposes of this paragraph 4, a “purchase” is complete at the time our servers validate your purchase and the applicable Virtual Content is successfully credited to your account on our servers.

4.2 You do not own Virtual Content but instead you purchase a limited personal revocable licence to use them. To the fullest extent permitted under applicable law, any inclusion or balance of Virtual Content does not reflect any stored value.

4.3 Prices for all Virtual Content exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the fullest extent required by law, you agree to pay any such applicable taxes and telecommunication charges in line with applicable law.

Virtual Goods
4.4 You agree that all sales by us to you of Virtual Items and/or Virtual Goods are final, that we will not refund any transaction once it has been made.

Connecting your game play
4.5 If you do not connect your Game on a device to a Sweetigo account, we will not be able to restore any Virtual Content, or other data associated with your Game to a different device if you lose, damage or change that device. Accordingly, on a device which is not connected to your Sweetigo Account: any risk of loss of Virtual Content which you purchase from us is transferred to you upon completion of the purchase as described in paragraph 4.1 above; any risk of loss of Virtual Content that you receive from us without maSweetigo a purchase is transferred to you at the time the Virtual Content is successfully credited to your account on our servers; and any risk of loss of other data associated with your Game play (including, without limitation, your progress through the Game, or the level or score you have reached in our Games) is transferred to you immediately at the time such Game play data is generated.

4.6 The data associated with Virtual Content (whether purchased by you using real money or otherwise credited or awarded to you) is synced between different devices only if you have connected your Game to a Sweetigo Account. Accordingly, any risk of loss of this data is transferred to you (i) in the case of Virtual Content which you purchase from us, upon completion of the purchase as described in paragraph 4.1 above; and/or (ii) in other cases at the time the Virtual Content is credited or awarded to you.

4.7 If you live in the European Economic Area and the United Kingdom, we will provide you with a VAT invoice where we are required to do so by law or where expressly requested by you. You agree that these invoices may be electronic in format.

4.8 We reserve the right to control, regulate, change or remove any Virtual Content without any liability to you at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate.

4.9 We may revise the pricing for Virtual Goods at any time. We may also revise the pricing for Subscriptions offered through the Services with reasonable notice to you and in accordance with applicable law, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period. When we give you notice, we will remind you that your continued use after the end of your then-current Subscription period means that you accept the new Subscription prices. To the maximum extent permitted by applicable law, if you don't cancel before the price changes come into force, you will be deemed to have accepted those modifications. If you are resident in Germany, nothing in this paragraph 4.9 is intended to affect your statutory rights, and we will enact any price revisions in accordance with applicable law.

4.10 We may limit the total amount of Virtual Content that may be purchased at any one time, and/or limit the total amount of Virtual Content that may be held in your account in the aggregate. You are only allowed to obtain Virtual Content from us or our authorised partners through the Services, and not in any other way.

4.11 Depending on your platform, any Virtual Content purchased may be subject to your platform provider'ls terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform or our customer support team before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the Game.

4.12 Without limiting paragraphs 3.7, 3.8, 4.5, or 7.1, if we suspend or terminate your account in accordance with these Terms you may lose any Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you. If you have an active Subscription at the date of termination it will not auto-renew at the end of the then-current Subscription period.

4.13 The charge for any Virtual Content that you can purchase via our Services will be as stated in our Services at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before maSweetigo a purchase. We accept payment via our payment processing partners by credit card, debit card, carrier billing and any other payment method we expressly authorise during the payment process. Our payment processing partners may have their own terms and conditions and you should ensure you agree with these prior to maSweetigo any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible - we will endeavour to fulfil your order immediately at the point of purchase.

Subscriptions
4.14 Payment for a Subscription will be charged to your account at the point of purchase and, for renewals, will be taken within the 24 hours prior to the expiry of the then-current Subscription period. Your Subscription will automatically renew on the basis communicated to you in writing unless you turn off auto-renew via your platform settings at least 24 hours before the end of the then-current Subscription period. Your Subscription is linked to your platform account and cannot be transferred between platform accounts. You agree that sales of Subscriptions are final and that cancellation is not permitted mid-way during an active Subscription period (subject to paragraph 4.15 below if you are resident in the European Economic Area).

4.15 For residents of the European Economic Area, if you have purchased a new Subscription, you have the right to withdraw from the purchase and the applicable purchase terms within fourteen (14) calendar days for any reason, subject to the below. This right of withdrawal does not apply to renewals of your existing Subscription. Your right of withdrawal starts from the day after your purchase of the Subscription. Instructions on how to exercise this right are set out at the end of these Terms in Appendix 1 (Section A: 'Information concerning the exercise of the right of withdrawal). For residents of the United Kingdom and countries outside of the European Economic Area, when you purchase a Subscription from us and receive immediate access to it, you will be asked to acknowledge that this means you will lose your statutory right to withdraw from the purchase.

5 User conduct and content

5.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions and, if applicable, stop accessing and/or using our Services.

5.2 You promise that all the information you provide to us on accessing and/or using our Services is and will remain true, accurate and complete at all times.

5.3 Information, data, software, sound, photographs, graphics, video, messages, tags, usernames, guild names or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.

6 Playing our Games with other users

6.1 Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to:

6.1.1 choose to play against another user or to play socially with another user whom Sweetigo selects for you, or

6.1.2 play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with. Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.

6.2 Where Sweetigo selects another user or opponent for you, or groups you with other users for a game mode, we may either select at random or use such criteria as we see fit in order to make these selections (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity).

6.3 By accessing and/or playing our Games you agree that your display name, scores, avatar, country location, online/offline status and other related details may be used and displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our Games or within our marketing. You also understand that other users may find you by searching for you with your email address, only if another user already knows your email address to search for you. Please note that we will only show your display name publicly, and not your email address. For more information, please read our Privacy Policy.

Chat

6.4 Some of our Games may include functionality that may allow you to participate in text with other users. You may be able to participate in text chat with other players, send messages to Sweetigo customer services or publicly on our forums.

7 Your breach of these Terms

7.1 Without limiting any other remedies or any other paragraph of these Terms, if we reasonably believe that you are in material breach of these Terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: delete, suspend and/or modify your Sweetigo Account, parts of your account and/or access to our Games; otherwise suspend and/or terminate your access to our Services; correct, modify and/or remove any Virtual Content (including but not limited to Virtual Goods) or game features that may be associated with your account; correct, reset and/or modify any game progression, game features or benefits and privileges associated with your account, such as any level or score you have reached in our Games. We may terminate the licence granted to you under these Terms and/or suspend, modify, or delete your account at any time without giving you any prior notice if you materially breach our Terms. Without limitation, any breaches of paragraphs 4.1, 4.10, 5.4 or 5.5 are likely to be considered material breaches.

7.2 You agree to compensate us, according to applicable law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.

7.3 We will notify you if we decide to terminate or suspend any licence we have granted to you under these Terms, unless: we are reasonably unable to notify you due to technical limitations; we are terminating or suspending it to comply with a legal obligation which does not include a prior notice obligation; notification is not possible due to a legal obligation to take immediate action; or if we reasonably believe that providing notice is likely to materially harm a third party.

8 Availability of the Services

8.1 For residents in the United States: We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a Game or other Service for economic reasons due to a limited number of users continuing to make use of that Game or other Service over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.

8.2 For residents outside the United States and the European Economic Area: We do not guarantee that any of our Services will be available or error-free at all times or at any given time but we will provide our Services in accordance with any legally required standards. In particular, in relation only to any Virtual Content or any other part of our Services which have been paid-for with real money, we warrant that they will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality (in addition any related services provided through them will be provided with reasonable care and skill). We may change and update our Services in whole or in part without notice to you (provided that any such changes do not result in material degradation in the functionality of any part of the Services which has been paid-for with real money). We make no warranty or representation regarding the availability of the Services which are provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. If such circumstances result in material and significant degradation in the functionality of the Services then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. Notwithstanding the foregoing, we are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control. You also acknowledge and agree that we are not liable for any errors relating to Services which are provided wholly by a third party (for example, a community channel hosted and operated by a third party).We are entitled to modify or discontinue the Services or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.

8.3 For residents in the European Economic Area: Notwithstanding the fact that we do not guarantee that any of our Services will be available, uninterrupted, or error-free at all times or at any given time, and you agree that we are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control, your local laws may provide you with a legal guarantee that the Services will be in legal conformity at the time of supply and during the life of these Terms with you. Under this legal guarantee, we will be liable for lack of conformity of the Games and/or Virtual Content and you may have a right under your local laws to: (a) have the Games and/or Virtual Content brought back into conformity; or (b) a proportionate refund and/or termination of these Terms (or the applicable purchase terms if you've purchased the Games and/or Virtual Content from a third party). Other than this legal guarantee and to the fullest extent permitted by applicable law, no other warranties of any kind, express or implied, are included as part of these Terms. If you are resident in France, the Terms in Appendix 1 (Section C) apply to your statutory guarantee. To the fullest extent permissible under applicable law, you also acknowledge and agree that we are not liable for any errors relating to any Services which are provided wholly by a third party (for example, a community channel hosted and operated by a third party). We may change and update our Services in whole and in part, in order to, for example (without limitation): ensure compliance with applicable laws and/or reflect change in relevant laws and regulatory requirements; perform temporary maintenance, fix bugs, implement technical adjustments, and make improvements; update or upgrade our Services including updating the structure, design, or layout of our Services; release new Services, end support for older Services, or close down certain Services if we have good reason to do so; balance, maintain, improve, update, or renew a Service; ensure the security of our Services; and to combat illegal and/or harmful activities, including the use of unauthorised programs or other activities which breach these Terms. Unless otherwise required by applicable laws and provided that any such updates do not result in material derogation in the functionality of the Services, you grant us consent to deploy and apply such patches, updates, and modifications and we may update the Services remotely without notifying you. If any updates to our Services result in a negative impact to your access or use of the Services in a more than minor way, we will give you notice of such changes. If you don't agree to the changes, you will be able to terminate these Terms within 30 days from the date of any notice we provide, or 30 days from when the change comes into effect, whichever is later. If you are resident in Germany, we will give you at least six (6) weeks' notice of such changes, and you will have 30 days from our notice of the change or from when the change comes into effect (whichever is later) to reject the changes and terminate these Terms. For residents in the European Economic Area, you may also be able to receive a proportionate refund for aspects of the Services, such as Subscriptions, paid for but not received. If you do not object to the changes or terminate these Terms within the stated time limit, we will take that as your acceptance of the changes. For avoidance of doubt, nothing in these Terms will preclude us from discontinuing the Services or any part of them, provided that we provide sufficient notice to you as required by applicable laws.

9 For residents in the United States - Limitation of Liability and Indemnity

9.1 Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, OUR SERVICES ARE “AS IS” AND WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ALL OF THE CONTENT OF THE SERVICES WILL BE ACCURATE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. ADDITIONALLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Sweetigo NOR ITS AFFILIATES WILL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE SERVICES (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE FULLEST EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN NO EVENT AND UNDER ANY THEORY OF LIABILITY SHALL OUR LIABILITY EXCEED THE LESSER OF (A) THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENCE TO USE VIRTUAL GOODS OR VIRTUAL MONEY OR ANY OTHER PART OF OUR SERVICES OR; (B) THE AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

9.2 Indemnification: YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD Sweetigo, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS or demand, including attorneys' fees, arising out of your breach or alleged breach of these Terms, YOUR VIOLATION OF RULES FOR OUR GAMES, COMPETITIONS, OR TOURNAMENTS, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms. YOU FURTHER AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM Sweetigo, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNER, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR DENY ACCESS TO ANY SERVICE, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF Sweetigo's CONCLUSION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS.

10 For residents outside the United States - Limitation of Liability

10.1 We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.

10.2 We are not responsible for: losses or harm not caused by our breach of these Terms or negligence; losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these Terms including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss; any damage that may be caused to any device on which you access or use any of our Services that is caused in any way by our Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Services; any loss or damage, or any increase in loss or damage resulting from breach by you of any of these Terms; any use by you of the Services which isn't authorised by us under these Terms; any lack of functionality or failure to provide any part of the Services that is due to: malfunctions or faults in your chosen equipment, devices, operating system, or internet connection (including malware, viruses or bugs originating from third parties or any of your devices); or your failure to download or install any update or the most recent published version of any Service in order to benefit from updated functionality or to meet compatibility requirements, where we have informed you of the update, explained the consequences of failing to install the update, and provided installation instructions; any lack of functionality or incompatibility where your chosen equipment, devices, operating system or internet connection does not meet the specific requirements provided by us; or technical failures or the lack of availability of any of our Services where these are not within our reasonable control.

10.3 For any losses or harm (other than those mentioned in paragraph 10.1 and subject to paragraph 10.2) in any period of twelve months, to the fullest extent permitted under applicable law, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these Terms up to the value of the amount that you have paid to us in the 100 day period ending on the date of your claim. Losses and harm are foreseeable only where they could be contemplated by you and us at the time of you agreeing to these Terms. 10.4 Subject to applicable law and unless otherwise specified in these Terms, we do not give any warranty, express or implied, in relation to our Services and you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services. Any additional legal rights, such as any applicable statutory rights of legal conformity (for example, see paragraph 8.3 above) which you may have as a consumer, remain unaffected by these Terms.

11 Intellectual Property

11.1 You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.

11.2 Whilst you are in compliance with these Terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use our Services (but not any related object or source code) for your own personal private use, in each case provided that such use is in accordance with these Terms. You agree not to use our Services for anything else. These Terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch will be deemed part of the Services for the purposes of these Terms.

11.3 YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN THE LICENCE GRANTED TO YOU BY THESE TERMS, YOU WILL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY Sweetigo ACCOUNTS OR ANY VIRTUAL CONTENT. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.

11.4 In particular, and without limiting the application of paragraph 11.3, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Content, whether on a free of charge basis or otherwise.

11.5 By submitting Content (as defined in paragraph 5.3) via our Services you:

• are representing that you are fully entitled to do so; represent and warrant that
• you are fully able to grant the licences set out in this paragraph 11.5;
• represent and warrant that the Content does not infringe upon the copyright, trademark, patent, trade secret or other rights of any third party;
• grant us a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, royalty free, right and licence to exploit the Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised;
• grant us the unlimited right to edit, adapt, translate, reformat, manufacture, rearrange and transpose, distribute, sell, sub-licence, transmit, provide access to, publish and use the Content you submitted, any derivative works we may create from it and any elements contained therein, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
• acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. To the maximum extent permitted by applicable law, you agree to waive any such moral rights you may have in the Content or, if a waiver is not possible under applicable law, not to assert such moral rights; and
• agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.

11.6 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights in the Content have been infringed by another user of our Services, and the infringed Content is hosted on our Services that are under our direct control, you may contact us by emailing the following information to [email protected] with: a description of the intellectual property rights and an explanation as to how they have been infringed; a description of where the infringing material is located; your address, phone number and email address; a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorised, and (ii) the information that you are providing is accurate, correct, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and a physical or electronic signature of the person authorised to act on behalf of the owner of the exclusive right that has allegedly been infringed.

11.7 For avoidance of doubt and without prejudice to the remainder of this paragraph 11, in the event you upload or otherwise transmit to us any Content that contains concepts, ideas, or feedback relating to any Game and/or our Services (“Feedback”), you will not be entitled to any compensation for any such Feedback, and we may freely use any such Feedback in any manner we deem appropriate. In addition, any Feedback by you will not create any contractual relationship between us. Except to the extent that any such waiver is prohibited by applicable law, you hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” or any similar law in any country of the world or, in the event that a waiver is not possible under applicable law, you agree not to assert such moral rights.

12 For residents in the United States - U.S. GOVERNMENT RESTRICTED RIGHTS:

12.1 Our Services have been developed entirely at private expense and are provided as “Commercial Computer Software” or “restricted computer software.” Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (b)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (b)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable.

13 Privacy

13.1 The data controller for all personally identifiable information or personal data that we collect about you through or in relation to our Games or other Services is Sweetigo.com.

13.2 Sweetigo.com collect, process, use and share your personal information in accordance with our Privacy Policy and as set out in these Terms. If you do not agree to our Privacy Policy you should not download or access our Games or otherwise access and/or use our Services.

14 Links

14.1 We may link to third party websites or services from our Services. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.

15 Transferring these Terms

15.1 To the fullest extent permissible under applicable law, we may wish to transfer all or a part of our rights or responsibilities under these Terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these Terms unless we first agree to this in writing.

16 Entire agreement

16.1 These Terms, all terms incorporated into these Terms (such as Sweetigo's Privacy Policy), and any other terms as agreed between you and Sweetigo (for example, any rules we create that govern in-game competitions or tournaments) together set out the entire agreement between you and us concerning our Services (as defined in paragraph 1) and they supersede, replace and extinguish all earlier agreements and understandings between you and us. You acknowledge that Sweetigo and its Affiliates have not made any actual or implied promise, representation, or warranty whatsoever, and acknowledge that you have not agreed to these Terms, played Sweetigo's games, played in Sweetigo's competitions or tournaments, obtained Virtual Content, or accepted Sweetigo's Services in reliance upon any such promise, representation or warranty, that is not expressly contained herein.

17 Changes to these Terms

17.1 You can find these Terms at any time by visiting https://sweetigo.com/terms-and-conditions.

17.2 Without affecting paragraph 17.3 below, we reserve the right to update these Terms from time to time by posting the updated version at that address (and where these updates affect you, with reasonable notice to you, as required under applicable law). We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. Your continued use of our Services will mean that you accept the amended Terms. You agree that if you do not accept any amendment to our Terms then you must immediately stop accessing and/or using our Services.

17.3 If you are resident in Germany, we may from time to time modify or change these Terms, if there is good reason for the change (such as compliance with legal requirements, minor clarifications to existing Terms, to provide further information on issues that were unforeseeable at the time you entered into these Terms, or to improve how we deliver the Services to you) and the changes reasonably take into account the interests of both parties, but we will not change our main obligations to you. Where any changes affect you, we will notify you of any changes by providing you with a notice. To the maximum extent permitted by local law, if you do not object to the amended Terms within six (6) weeks following the notice, your continued use of our Services will mean that you accept the amended Terms.

18 Severability

18.1 If any part of these Terms is held to be invalid or unenforceable under any applicable laws or by an applicable court, that part will be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these Terms will remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these Terms in a manner consistent with applicable law, then that part will be deemed deleted from these Terms without affecting the remaining provisions of these Terms.

19 Waivers of our rights

19.1 Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such rights. Any waiver of such rights will only be effective if it is in writing and signed by us.

20 Complaints and dispute resolution

20.1 Most concerns can be solved quickly by contacting us at [email protected]

20.2 If you are a resident of the European Union, if you are not satisfied with the resolution of your request by our customer service, the European Commission provides an online dispute resolution Platform which is accessible at http://ec.europa.eu/consumers/odr.

20.3 If you are a resident of the United Kingdom and you are not satisfied with the resolution of your request by our customer service, the United Kingdom Government provides information regarding consumer rights at https://www.gov.uk/consumer-protection-rights.

20.4 If you are resident in the United States, please see paragraph 21 below.

20.5 In the unlikely event that we cannot solve your concern and you wish to bring legal action against us, the provisions of paragraph 22 below will apply.

21  The provisions of those terms govern, control, and supersede, any inconsistent provisions of these Terms, any previous versions of these Terms, or any terms or conditions of any agreement that incorporates these Terms or is incorporated by these Terms .