PLEASE CAREFULLY READ THE FOLLOWING EULA AND TERMS OF SERVICE (HEREINAFTER – THE "AGREEMENT")
ATTENTION!BY DOWNLOADING ANY PART OF THE GAMES, AND/OR USING THEM IN ANY OTHER PERMITTED WAY YOU ACCEPT THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS, WITHOUT ANY LIMITATIONS OR EXCEPTIONS.
TERMS OF SERVICE / END USER LICENSE AGREEMENT (EULA)
Last updated: 10 April 2023
This Terms of Service and End User License Agreement (EULA) (hereinafter - the “Agreement”) governs the relationship between Only One Percent Inc.
, (hereinafter – “We”, the “Company”), and You, the User
of the Game (hereinafter – “You” or the “User”), with respect to the Games, as defined herein.1. Terms used in this AgreementGames
shall mean interactive mobile online games produced by the Company, each of them being a program for mobile devices (smartphones) and tablet personal computers (hereinafter – “tablet PC”), which is a set of data, commands and audiovisual displays generated by it (hereinafter – the “data and commands”), activated sequentially to obtain a certain result by the User, which is provided by the game scenario, for free (activated data and commands) or, for some data and commands, available for Remuneration (non-activated data and commands).Game Resources (Resources)
shall mean all servers, any software and/or databases related to the Games, including those located at https://www.only1p.com/
shall mean Only One Percent Inc., which grants the right to use the Games under a limited simple non-exclusive non-transferable non-sublicensable revocable license.
shall mean an individual who has the necessary legal capacity to enter into this Agreement and who, in accordance with this Agreement, is granted the right to use the Game within the limits provided for hereunder.Rights to non-activated data and commands
shall mean the rights acquired by the User for a Remuneration, allowing the Games to increase the number of in-game items. In-game items shall mean in-game values, including the in-game currency (hereinafter – “Virtual Money” and “Virtual Goods”).Remuneration
shall mean payment to the Company for providing the User with the rights to use data and commands within the limits established by this Agreement. The amount of remuneration is determined by the Company at its sole discretion.Mobile Platform
— Google Play, App Store or other mobile application platforms available on the Internet.2. Conditions of accession to this Agreement
3. Subject matter of the Agreement
- Before using the Games, You are obliged to read this Agreement, as well as all other documents applicable to the Games, including legal documents of Mobile platforms.
- For use of the Games, You agree that You are at least 16 years old, and that if You are between 16 and 18 years old, Your legal representative has reviewed and agrees to these terms and that You access and/or use our Games.
- You understand, accept and agree that the Games may include various sound and/or video effects that, under certain circumstances, may cause persons prone to epileptic or other disorders of a nervous nature, to have aggravation of these conditions, and You warrant that You do not suffer from these disorders, or undertake not to use the Games.
- You accept and agree that regular long-term (continuous) use of mobile devices (smartphones) and/or tablet PC can cause various complications of physical condition, including visual impairment, scoliosis, various forms of neuroses and other negative effects on the body. You warrant that You will use the Games only for a reasonable period of time, with breaks for rest or other measures to prevent physical condition, if such are recommended or prescribed to You.
- Through downloading, installing and use of this product You do not acquire any ownership rights to the Games. The Games are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights to use the Games as set out in this Agreement are licensed, not sold, to You by the Company.
- As between You and the Company, the Company is the owner of all right, title and interest in and to the Games and Game Resources (including all copyrights, trademarks and patents). You shall not, at any time during or after the use of any of the Games, dispute or contest, directly or indirectly, the Company’s exclusive right and title to the Games and Game Resources, or the validity thereof.
- You agree and fully acknowledge that all exclusive rights to the localized (translated into the appropriate language) Games, including game characters, game items and accessories, game coins, in-game valuables, graphics, photos, animations, video images, video clips, sound recordings, sound effects, music, text content of the Games and other components of the Games, belong to the Company.
- You fully understand that this Agreement does not provide for the assignment of any exclusive rights or the issuance of an exclusive license for any components of the Games and/or Game Resources from the Company to You.
Subject to this Agreement and subject to the User's compliance with its respective terms, the Company shall provide the User, under a limited simple non-exclusive non-transferable non-sublicensable revocable license, with the right to use the Games as a software, including the right to use non-activated data and game commands, to the extent specified in this Agreement.4. Limits of use of the Games
4.1. You may use the Games only for personal non-commercial purposes and only in the following ways:
4.1.1. to play any of the Games by installing it in a mobile device (smartphone) and/or tablet PC in order to participate in the Game(s);
4.1.2. to use activated data and commands to achieve a scenario-specific Game result;
4.1.3. to activate non-activated data and commands after payment of the Remuneration to the Company and use them, in order to obtain the opportunity to achieve a certain result of the Game scenario faster than using the right specified in paragraph 4.1.2;
4.1.4. to make changes to the personal settings of the Games provided by the Company.
4.2. You undertake:
4.2.1. to follow the Company's instructions, in particular, given by the Company to You or a group of Users in the course of using the Games, in the user support center. If You fail to comply with such instructions, the Company shall have the right to suspend, restrict or terminate Your rights to use the Games;
4.2.2. at the time of registration on the Company's resources, to indicate reliable information;
4.2.3. at the Company’s request in connection with the conclusion and execution of this Agreement, to confirm Your data, including name, surname, patronymic and other data.
4.3. You shall not:
4.3.1. distribute the Games or their copies, both by distributing material media with it, and by placing it on the Internet for download by certain persons or an unlimited number of persons;
4.3.2. translate the Games into other languages;
4.2.3. distribute audiovisual displays present in the Games, out of the Games, for commercial purposes;
4.3.4. distribute or transfer to third parties the right to use non-activated data and commands provided to You for a Remuneration (unless otherwise provided by the Company), game characters, game account and other object not expressly permitted by the terms of this Agreement;
4.3.5. transfer the rights granted to You under this Agreement to other Users or third parties by means of a sublicense agreement or otherwise (unless otherwise provided by the Company);
4.3.6. use or encourage the use of any form of cheat code, modifications, exploits or other unauthorized means to interfere with or take advantage of the Games;
4.3.7. attempt to disrupt or burden normal operation of Game Resources;
4.3.8. attempt to gain unauthorized access to Game Resources;
4.3.9. use any third-party software to automate the use of the Game Resources;
4.3.10. impersonate any other person using the Game Resources;
4.3.11. place personal information or data of another person in the Game Resources without the consent of that person;
4.3.12. use the Game Resources to distribute any information, content or materials that violate applicable laws and internal regulations (rules) of the Company;
4.3.13. attempt to decompile, reverse engineer, disassemble or hack the Game or the Game Resources, or attempt to circumvent any encryption technology or security measures used by the Company;
4.3.14. use the Game Resources to harass, abuse, threaten or harm third parties;
4.3.15. copy, distribute, make available to the public or create derivative works from the Game Resources or any part thereof, unless otherwise agreed by the Company in writing;
4.3.16. use the Game Resources to collect, accumulate or otherwise combine information or data, including, without limitation, data or information about the Company or other users; or use the Game Resources to commit illegal actions;
4.3.17. attempt to develop any software that contains the “look and feel” of any of the Games or Game Resources, or is otherwise derivative thereof;
4.3.18. remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels of the Games. This Agreement does not authorize you to use for commercial purposes the Games’ or the Company's names or any of their respective trademarks;
4.3.19. use the Games in other ways not provided for in this Agreement and beyond the normal gameplay.
4.4. The Company shall not be obliged to provide You with any evidence, documents or other evidence of Your violation of the terms of the Agreement, as a result of which this Agreement was suspended or terminated.
4.5. Without limiting any other remedies or any other paragraph of this Agreement, You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of this Agreement by You.5. The Company's obligations
The Company shall undertake the following obligations:
5.1. subject to the terms and conditions set forth in this Agreement, to enable the User to use the rights to any of the Games and non-activated data and commands of the Games;
5.2. to post updated versions of this Agreement in the Game description on Mobile Platforms;
5.3. The Company shall not be responsible if any of the Games are not available for download through the fault of Mobile Platforms or other third parties.6. The Company's Rights
The Company shall have the following rights:
6.1. at any time, unilaterally, to limit, to expand, to change the content of the Games without prior notice to the User;
6.2. at any time, to change, to delete any information posted by the User on the Game Resources, including statements or announcements of the User;
6.3. at any time, to suspend, to limit and/or to terminate this Agreement unilaterally for any or all Users, including in case of failure by the User to comply with the terms of this Agreement;
6.4. to send to the Users the information or messages of a technical nature associated with the Games;
6.5. to take any steps not prohibited by law to protect own intellectual property rights in the Games and Game Resources.7. Personal Account
7.1. When using our Games You in some instances You will be required to, create an account with us. If You do create an account with us, You agree that You shall take all steps necessary to protect Your log in details and keep them secret.
7.2. You agree that You shall not give Your log in details to anyone else or allow anyone else to use Your log in details or account.
7.3. In these terms, references to “log in details” or “account” include Your log in details and account for any social network or platform that You may allow our Games to interact with (hereinafter – the “Account”).
7.4. We will be entitled to assume that anyone logging into Your account using Your log in details is either You or someone logging in with your permission. If You fail to keep Your login details secret, or if You share your login details or account with someone else (whether intentionally or unintentionally), You accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
7.5. We will not be responsible to You for any loss that You suffer as a result of an unauthorised person accessing Your account and/or using our Games and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
7.6. We reserve the right to delete Your account if no activity is conducted by You in relation to the account for 180 or more days. In such an event, You may be able to restore and use non-activated data and commands associated with that account, provided that such data and commands are non-consumable.
7.7. You understand that if you delete Your account, or if we delete Your account in accordance with these terms, You may lose access to any data previously associated with your 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 account).
7.8. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR GAMES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
7.9. Your account is personal to You and You are not entitled to transfer Your account to any other person.8. Virtual Money and Virtual Goods
8.1. Our Games may include Virtual Money, Virtual Goods or paid subscriptions for Virtual Money and/or Virtual Goods (“Subscriptions”), which grant You the right to use non-activated data and commands. To benefit from or use the Virtual Money and/or Virtual Goods in our Games You may first have to reach a certain level or progress to a certain point. You agree that once purchased or received free of charge for achievement within the Games, Virtual Money, Virtual Goods and/or Subscriptions have 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 Money, Virtual Goods and/or Subscriptions are not refundable, unless otherwise determined by Mobile Platform rules, not transferrable to anyone else and You will not transfer or attempt to transfer any Virtual Money, Virtual Goods and/or Subscriptions to anyone else.
8.2. You do not own Virtual Goods, Virtual Money and/or Subscriptions, but instead You purchase a limited simple non-exclusive non-transferable non-sublicensable revocable license to use them.
8.3. You agree that all sales by us to You of Virtual Money and/or Virtual Goods are final, non-refundable, and a Subscription cannot be cancelled during the Subscription period, unless otherwise determined by Mobile Platform rules. Prices for all Virtual Money, Virtual Goods and Subscriptions exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent required by law, You agree to pay any such applicable taxes and telecommunication charges in line with applicable law. You also agree to bear all costs associated with the transfer of funds to the Company independently and at Your own expense, including various fees and commissions of Mobile Platforms, banks and payment system operators.
8.4. If You do not connect Your gameplay on a device to an Account, or if You use another device for accessing the Game, albeit connected to Your Account, we will not be able to restore any Virtual Money or other data associated with Your gameplay. Accordingly:
- any risk of loss of Virtual Money which You purchase from us is transferred to You upon completion of the purchase;
- any risk of loss of Virtual Money that You receive from us without making a purchase is transferred to You at the time the Virtual Money is successfully credited to Your Account on our servers.
8.5. We reserve the right to control, regulate, change or remove any Virtual Money, Virtual Goods and/or Subscriptions 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.
8.6. We may revise the pricing for Virtual Goods, Virtual Money and/or Subscriptions offered through the Services 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.
8.7. Without limiting the above, if we suspend or terminate Your Account in accordance with these terms You may lose any Virtual Money, and Virtual Goods and/or active Subscriptions and we will not compensate You for this loss or make any refund to You, unless otherwise determined by Mobile Platform rules.
8.8. The methods and conditions of remuneration for the right to use non-activated data and game commands are set by Mobile Platforms. Payment of Remuneration is carried out by You by transferring funds through supported payment systems to the Company's account in the currency of the relevant territory.
8.9. When paying for the rights to use non-activated data and commands of the Game, You undertake to follow the payment instructions in order and methods of payment, including the rules for entering the message and the number of short text messages (SMS), including the order of entering capital and lowercase letters, numbers and the input language. The right to use non-activated data and game commands is granted to You upon fulfilment of the attached instructions and payment terms. The Company is not responsible for correctness of Your payment terms. The Company does not provide You with any explanations on the issues related to the rules and procedure for the use of such payment systems, and does not provide You with any compensation for the funds paid for acquisition of rights to use non-activated data and commands of the Games through payment systems, if such payments were made in violation of the rules established by payment systems, as a result of which the funds were not received by the Company.
8.10. In the event that as a result of a technical error, or failure of the Games, or conscious actions of Yours, You received the rights to use the non-activated data and commands of the Games not in accordance with the procedure established by this Agreement and/or received an offer for such rights from a third person, You shall inform the Company about this fact and provide the Company with a Remuneration for the rights to use such non-activated data and commands of the Games, or eliminate all consequences of illegal use of non-activated data and commands of the Games.
8.11. The Company shall not be liable for any unlawful actions of Yours when making a payment for the rights to use non-activated data and game commands. The Company reserves the right to unilaterally revoke the license for the Games, including non-activated data and commands of the Game, if there is a suspicion of illegal actions by You.
8.12. You agree, understand and accept the fact that the Games are not gambling, not a competition or betting. Acquisition of rights to use non-activated data and commands of the Games is the realization of the Your own will and desire and is not a necessary or mandatory condition for participation in the Games and the gameplay.9. Limitation of liability
9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAMES OR DEFECT IN OR CAUSED BY THE GAME, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR DEVICE, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2. In any case, the Company shall not be liable for any direct or indirect damage caused to the User or other third parties as a result of:
9.2.1. use or inability to use the Game Resources;
9.2.2. unauthorized access by any third parties to the User's personal information, including the User's Account;
9.2.3. statements or conduct of any third party on the Game Resources.
9.3. The Company shall not be responsible for the User's lack of access to the Internet, for the quality of Internet service providers with which the User has concluded agreements on the provision of Internet access services.
9.4. The Company shall not reimburse the User the costs associated with the User's payment of the Remuneration, including in the event of suspension or termination of this Agreement for any reason, unless otherwise expressly provided by the applicable law.
9.5. In any event, the Company's liability to the User shall be limited to USD 50.00 (fifty United States dollars), unless otherwise expressly provided by the applicable law.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GAMES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAMES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAMES, THAT THE FUNCTIONS CONTAINED IN THE GAMES WILL MEET YOUR REQUIREMENTS OR THAT YOU ACHIEVE SATISFACTORY RESULTS IN THE GAMES, THAT THE OPERATION OF THE GAMES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR A COMPANY’S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.11. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL LIABILITY, COSTS, LOSSES, DAMAGES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF ANY CLAIM, SUIT, OR CAUSE OF ACTION RELATING TO AND/OR ARISING FROM (A) YOUR BREACH OF ANY TERM OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY; OR (C) YOUR USE OR MISUSE OF THE GAMES AND RESOURCES. YOUR INDEMNIFICATION OBLIGATIONS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.12. Territory and term of the Agreement
12.1. The User shall have the right to use the Games in the ways described in this Agreement throughout the territories in which they are available as part of the normal gameplay, using standard computer tools and programs within the functional Resources of the Company.
12.2. This Agreement shall be effective from the date of acceptance of its terms by the User and be valid for 1 (one) calendar year.
12.3. Validity of this Agreement shall be automatically extended for each subsequent 1 (one) year, unless before the expiration of the specified term of the Agreement:
12.3.1. the Company decides to change the provisions of this Agreement concerning the need to enter into a new agreement with the Users, termination of the Games, termination of this Agreement with respect to the User;
12.3.2. the User decides to discontinue use of the Game.
12.4. The Company may at any time, without notice to the User and without giving any reason, terminate this Agreement unilaterally, out of court, with immediate termination of access to and use of the Games, and without refund of any payments received under the Agreement, costs or losses, unless otherwise determined by the Mobile Platform rules.
12.5. The User shall have the right, at any time without notice to the Company and without explanation, to terminate the present Agreement in unilateral extrajudicial order by discontinuing the use of the Account.13. Miscellaneous
13.1. This Agreement may be modified by the Company without any prior notice. Any changes to the Agreement, carried out by the Company unilaterally, shall enter into force on the day following the day of publication of such changes on the Game’s page on the Mobile Platforms. You undertake to verify the Agreement for changes on Your own. Failure by You of actions on acquaintance with the Agreement and/or changed version of the Agreement cannot serve as a basis for non-performance by You of Your obligations and non-compliance with respect to the restrictions imposed by the Agreement. You can access the latest version of this Agreement at any time at: https://only1p.com/terms-of-service
13.2. The invalidity of one or more provisions of the Agreement, recognized in accordance with the established procedure entered into force by a court decision, does not entail the invalidity of the agreement as a whole. In the event of recognizing one or several provisions of the Agreement invalid in the prescribed manner, You and the Company undertake to fulfil the obligations assumed hereunder in the manner to the maximum extent close to the manner implied by us when entering into and/or agreeing to change the Agreement.
13.3. This Agreement and the relationships between You and the Company in connection to this Agreement are governed by the laws of the State of Delaware, the USA.
13.4. All disputes under this agreement are subject to resolution by correspondence and negotiations using the mandatory pre-trial order. If it is impossible to reach the agreement through negotiations within 60 (sixty) calendar days from the moment the other party receives a written claim, the dispute resolution must be submitted by any interested party to the court of general jurisdiction at the Company’s location.
13.5. You and the Company agree to waive the right to jury in a court proceeding. You and the Company further agree that any proceeding shall be conducted in their individual capacities only and not as a class action or other representative action, and expressly waive their right to file a class action or seek relief on a class basis.
13.6. For questions related to the execution of the Agreement, please contact the company via the e-mail: firstname.lastname@example.org