Effective date: October 20, 2023

Please read these Terms of Service (the “Terms”) and our Privacy Policy carefully before using any website (“Site”) and mobile games/applications and services (collectively the “Services”) of QURIOUSBIT (“Company”, “our”, “we” or “us”). These Terms and our Privacy Policy govern the relationship between you and QURIOUSBIT (“Company”, “our”, “we” or “us”) and apply to your use of our Services. The term “Services’ ‘ includes, without limitation, our website www.quriousbit.com (the “Site”), mobile applications (each a “Game” and collectively “Games”), and any related services and content.

Our Privacy Policy describes how we collect, store, use, share, and otherwise process your personal information when providing our Services to you, as well as your rights and choices concerning your information. Please read our Privacy Policy carefully.

If you do not agree to the Terms set forth below, or if you do not want us to collect, store, use, or share your information in the ways described in our Privacy Policy, you must not use our Services.

Please note that, to use our Services, you need compatible hardware, software (latest version recommended and sometimes required), and internet access (fees may apply), among other technological features. Our Services’ performance may be affected by these or related factors, each of which we do not control.

1. Agreement to Terms
By using our Services, you agree to be bound by these Terms. As set forth above, if you don’t agree to these Terms or our Privacy Policy, you must not use the Services.

SECTION 18 OF THESE TERMS OF SERVICE CONTAINS AN INFORMAL DISPUTE RESOLUTION PROCESS, A BINDING AGREEMENT TO ARBITRATE, AND A CONSOLIDATED, CLASS ACTION, AND REPRESENTATIVE ACTION WAIVER, WHICH WAIVE YOUR RIGHT TO A COURT HEARING OR A TRIAL BEFORE A JUDGE OR JURY.

2. Changes to Terms or Services
We may modify the Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications via the Services. It’s important that you review the Terms carefully whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or via the Services, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you must not continue to use the Site or the Services.

Because our Services are evolving over time, we may update, change, or discontinue all or any part of the Services at any time and without notice, at our sole discretion. From time to time, we may make you update your software or hardware to continue to use our Services. We may also perform these updates remotely without notifying you.

We reserve the right to stop offering and/or supporting the Services or a particular Game or part of the Services at any time either permanently or temporarily, at which point your right to use the Services or any part of them will be automatically terminated or suspended. If that happens, unless applicable law requires otherwise, we are not required to provide refunds, benefits, or other compensation to you in connection with discontinued elements of the Services or for Virtual Items (as defined below) previously earned or purchased.

WE MAY, IN OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR ANY PORTION OF THEM; PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES, AND TOOLS; OR DELAY OR REMOVE HOSTED CONTENT, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS.

3. Limited License; Who May Use the Services
3.1 Limited License Grant
Subject to your agreement and continuing compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Services for your own personal, non-commercial, and entertainment purposes. You agree not to use the Services for any other purpose and further agree that we will have no liability to you for any damage or loss arising from unauthorized uses.

3.2 Eligibility
You may use the Services only if you are 16 years or older and are not barred from using the Services under applicable law. If you are under the age of 18, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these Terms.

You may not use our Services if you are not allowed to receive products, including services or software, from India, for example if you are in a country embargoed by India or if you are in the Indian government’s list of Specially Designated Nationals.

3.3 Registration and Your Information – It’s important that you provide us with accurate,
complete, and up-to-date information for your account and you agree to update such
information, as needed, to keep it accurate, complete, and up to date. If you don’t, we might
have to suspend or terminate your account at your sole discretion, and without notice to you.
You agree that you won’t disclose your account password to anyone, and you’ll notify us
immediately of any unauthorized use of your account. You’re responsible for all activities that
occur under your account, whether you know about them or not.

4. Intellectual Property Rights

Except for the limited license granted above, we and our licensors retain all right, 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, trade dress, other worldwide intellectual property rights, and other applicable laws, rules, and regulations. These Terms do not grant you or any other party any right, title, or interest in the Services or any content in the Services.

In addition, you agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from the Services.

If you violate these Terms, or any of our other terms that apply to you, we may take action against you, including, among other things, terminating your account at our sole discretion, and without notice to you. In addition, you may be breaking the law, including by violating our intellectual property rights. We and our licensors may also affirmatively protect our intellectual property rights in the event you violate these Terms, including by seeking injunctive relief against you. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY GAME, VIOLATES THIS AGREEMENT AND MAY BE A BREACH OF CRIMINAL OR CIVIL LAWS.

If you provide us with any suggestions for enhancement or feedback regarding the Services, or if you choose to participate in any company surveys, user research projects, or related activities, you agree that we will have a perpetual, transferable, sublicensable, royalty-free, irrevocable, worldwide license to use your suggestions and feedback or the results of company surveys, user research projects, or related activities, including by incorporating your suggestions, feedback, or any results into the Services, without any obligation to compensate you. To the extent permitted by applicable law, you waive any moral rights you may have in connection with your suggestions and feedback and/or the results of company surveys, user research projects, or related activities.

5. Privacy Policy

Please refer to our Privacy Policy available at quriousbit.com/privacy for information on how we collect, store, use, share, and otherwise process information from you, your computer, and/or your mobile device. When you use our Services, you acknowledge that the Privacy Policy applies. If you do not want us to collect, store, use, or share your information in the ways described in our Privacy Policy, you must not use our Services.

6. User Content and Monitoring Use of Services

We may permit you or other users to submit, upload, publish, transmit, or otherwise make available to us materials, data, information, communications, pictures, and sounds using the Services (“User Content”). Any User Content that you post, publish, or transmit will be considered non-proprietary and non-confidential. You retain all of your ownership rights in your User Content, but you give us a perpetual, irrevocable, transferable, sublicensable, fully paid-up, royalty-free, non-exclusive, worldwide right and license to use, copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content, as well as any modified and derivative works thereof, in connection with the Services, including marketing and promotion of the Services, without notice to or consent from you, and without compensation to you or any other person or entity. You further grant to Company the unconditional, irrevocable right to use and exploit your name, likeness, and any other information or material submitted or transmitted to Company in connection with any User Content, without any obligation by us or compensation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content.

If you post, publish, transmit, or upload User Content to our Services, you represent, warrant, and affirm that it will be:

Accurate;
Not confidential or proprietary;
Not in violation of law;
Not in violation of contractual restrictions or other parties’ rights, and that you have permission to use the User Content from any other party whose personal or other information or intellectual property may be contained within the User Content;
Not tortious, defamatory, libellous, obscene, threatening, harassing, abusive, violent, hateful, racist, or otherwise objectionable or inappropriate; and
Free of viruses, adware, spyware, worms, or other malicious code.
As a user, you are personally and solely responsible for all information posted and/or sent, transmitted, or provided to others by you in connection with our Services, including, but not limited to, User Content posted in forums, blogs, and player chat features.

We have no obligation to monitor the Services for inappropriate or illegal user Content or the conduct of other players, and we take no responsibility for such conduct. We also are not responsible for information or materials provided by other players, and we do not approve User Content. By using our Services, you understand that you may be exposed to conduct that you might find offensive or otherwise objectionable. We do not endorse any User Content posted on the Services, nor do we guarantee its truthfulness or accuracy. However, if someone is violating these Terms (including the Code of Conduct set forth below) or misusing the Services, please let us know by using any links provided in the Services or by contacting Customer Support.

While we have no obligation to monitor the Services, we have the right, in our sole discretion, to monitor, record, or store your interactions with the Services or your communications with us or other players when you are using the Services. For more information, see our Privacy Policy.

We may also, at our sole discretion, choose to edit, refuse to post, or remove any User Content or any other materials that we deem in our sole discretion to be offensive or otherwise objectionable. If we determine that your communications or User Content violate these Terms, we have the right, in our sole discretion and without notice, to disable your ability to post User Content or to communicate with other players, or we may terminate your access to the Services entirely, among other remedies available to us.

7. Code of Conduct and Our Enforcement Rights

7.1 Code of Conduct

When you access or use any Service, you agree:

Not to use the Services, intentionally or unintentionally, in violation or breach of any applicable law or regulation, or in a way that may put us in violation or breach of any applicable law or regulation, or in a way that promotes the violation or breach of any applicable law or regulation.
Not to Engage in any act that we deem in our sole discretion to conflict with the spirit or intent of the Services, including without limitation circumventing or manipulating these Terms, game rules, game mechanics, or any other rules or policies.
To abide by all terms and conditions of any third-party platform provider through which you access and/or use the Services, including, without limitation, all terms that apply to any payment you make through any Platform.
Not to interfere with or disrupt another player’s use of a Service. This includes disrupting the normal game play or game mechanics, chat, or dialogue within a Service by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding, or hitting the return key repeatedly.
Not to harass, threaten, bully, embarrass, spam, or do anything else that may be offensive or objectionable to another player or to our employees (including Customer Support), such as repeatedly sending unwanted messages, using profanity, making threats, or making discriminatory statements about race, sexual orientation, religion, heritage, etc. Hate speech of any form will not be tolerated, nor will threats to other players or to our employees (including Customer Support).
Not to contribute User Content or organise or participate in any activity or group that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another’s privacy, or could be considered otherwise objectionable.
Not to publish, post, upload, or distribute User Content or content that is illegal or that you don’t have permission to distribute.
Not to publish, post, upload, or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that can be considered inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent, or unlawful.
Not to post a message or other User Content for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes, and other types of solicitation or commercial activities.
Not to impersonate another person or falsely imply that you are a Company employee or representative.
Not to improperly use in-game support or complaint buttons or make false reports to Company staff.
Not to attempt to obtain, or phish for, a password, account information, or other private information from anyone else on the Services or from our employees.
Not to use any payment methods to access or purchase Services for fraudulent purposes, without permission of the authorised owner, or otherwise in connection with a criminal offence or other unlawful activity.
Not to use any robot, spider, malware, or other automated device or process to access this website for any purpose or copy any material on this website.
Not to use or distribute unauthorised software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software program, or similar applications, exploits, cheats, or any other game hacking, altering, or cheating software or tool.
Not to modify any file or any other part of the Services that Company does not specifically authorise you to modify.
Not to use exploits, cheats, undocumented features, design errors, or problems in a Service.
Not to use or distribute counterfeit software or content, including virtual goods or Virtual Items (as defined below).
Not to attempt to use a Service on or through any service that is not controlled or authorised by Company.
Not to sell, buy, trade, or otherwise transfer or offer to transfer your Company account, any personal access to the Services, including Virtual Items (as defined below) and other entitlements, either within a Service or on a third party website, or in connection with any out-of-game transaction, unless expressly authorised by Company.
Not to use a Service in a country in which we are prohibited from offering such services under applicable export control laws or any similar laws or regulations.
Not to use your full name as your username or persona on any game, not to use a username or persona used by someone else, and not to use a username or persona that could be considered vulgar, offensive or otherwise objectionable, or in violation of someone else’s rights (including rights to privacy).
Not to engage in any other activity that disturbs the peaceful, fair, and respectful gaming environment of a Service.
Not to use information about users publicly available in any Service (e.g., on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world.
Not to interfere with or disrupt any Service or any server or network used to support or provide a Service, including any hacking or cracking into a Service.
Not to use any software or program that damages, interferes with, or disrupts a Service or another’s computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
Not to promote, encourage, participate in, or facilitate any of the prohibited activity described above.
7.2 Noncompliance — Failure to comply with this Code of Conduct may result in the suspension of your account and access to the Services, and/or subject you to any of the penalties identified in these Terms or available under applicable law.

8. Your Interactions with Other Users

You are solely responsible for your interactions with other players. If you have a problem with another player, we are not required to get involved, but we can if we desire. If requested by us, you will cooperate fully with any investigation, including, without limitation, by granting us access to any portion of your account that may be relevant to the investigation.

Unless otherwise provided under applicable law, if you have a dispute with another player, you release us (and our employees, officers, directors, agents, corporate parents, affiliates, and joint ventures) from responsibility, claims, demands, and/or damages (indirect, actual, or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data.

If you are located in California, you waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favour at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you live outside of California, you waive any other statute, law, or rule of similar effect in your jurisdiction.

9. DMCA/Copyright Policy

We respect the intellectual property rights of others and ask that you do the same. We respond to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. For more information, please contact us at support@quriousbit.com. We reserve the right, in our sole discretion and without notice, to terminate any player’s access to the Services if we determine that the player may be a “repeat infringer.”

10. Payment Terms

10.1 In-Game purchases and Virtual Items.
We provide a service in the form of access to games, virtual in-game items or currency, including virtual coins, cash, tokens, or points (collectively “Virtual Items”), and our other Services. In the Services, you may use “real world” money to obtain a limited, personal, non-transferable, and revocable licence and right to use Virtual Items and/or other goods or services solely for personal, non-commercial, and entertainment purposes. As described below, you do not own Virtual Items that you obtained through our Services, regardless of whether you “earned” those Virtual Items or “purchased them.” Your account and any related Virtual Items are owned by us and Virtual Items do not have “real world” value.

When you purchase Virtual Items in our Games on third-party platforms such as Facebook, Apple, or Google, we are not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please review the platform’s terms of service carefully for additional information.

For Virtual Items, your order will represent an offer to us to obtain a limited licence and right to use the relevant Virtual Item(s) that will be accepted by us when we accept payment. At that point, the limited licence begins.

For orders to obtain a limited licence and right to use Virtual Items, by clicking the purchase/order button on the purchase window or page you:
– Agree that we will supply the Virtual Items to you as soon as we have accepted your order; and
– If you reside in the European Union (the “EU”), you acknowledge that you will therefore no longer have the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the Virtual Item.

You understand that while you may “earn,” “buy,” or “purchase” Virtual Items in our Services, you do not legally “own” the Virtual Items and the amounts of any Virtual Item do not refer to “real” money or any credit balance in actual real-world currency. The amounts of any Virtual Items or any “virtual currency” balance shown in your account have no value outside of the game (e.g., in the real world), and instead only constitute a measurement of the extent of your limited licence. We may modify or eliminate Virtual Items at any time and at our sole discretion, with or without notice.

You are not allowed to transfer Virtual Items outside of the Services (e.g., in the “real world”), for example by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. In addition, you may not sublicense, trade, sell, or attempt to sell Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and we may terminate your Account because of it, among exercising other remedies available to us under these Terms or applicable law.

*ALL SALES ARE FINAL:*
YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH OUR SITE OR SERVICES OR ANOTHER PLATFORM SUCH AS APPLE, GOOGLE, FACEBOOK, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.

*PURCHASES TO ACQUIRE A LIMITED LICENCE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.*

*Additional Payment Terms:*
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. We may revise the pricing for the Virtual Items it licences to you through the Services at any time.

10.2 Subscriptions
Some of our Games may offer subscription-based Services. If you purchase a subscription (or if you activate a trial subscription offered free of charge for a certain period of time that automatically converts to a paid subscription of if not cancelled prior to the expiration of the trial period), then by clicking the purchase button you are requesting that we begin supplying the subscription Services immediately and you are entering into a periodic subscription contract with us. You are also authorising a charge to you on a recurring basis of a periodic subscription fee at the rate quoted at the time of purchase. By purchasing a subscription, we will automatically charge on a recurring basis the payment method associated with your account. In addition, if you activate a trial subscription offered free of charge for a certain period of time and do not cancel the trial subscription prior to the expiration of that period, the trial subscription will automatically convert to a paid subscription and begin charging on a recurring basis the payment method associated with your account. For subscription Services purchased in a Company Game played on a platform such as Apple or Google, the applicable platform will charge you for the subscription fee and the platform’s payment terms will apply. Please review the appropriate platform’s payment terms carefully for additional information.

Subscription charges will be applied to the payment instrument or method you provide when you start your subscription (or to a different payment instrument or method if you change your account information). Please note that prices and charges, including the fees associated with any subscriptions or the prices for any Virtual Items, are subject to change at any time and in our sole discretion. If we make a change to the periodic subscription rate in U.S. Dollars, we will let you know in advance.

Your subscription will automatically renew each subscription period unless and until you terminate your subscription, or we terminate it. You must cancel your subscription before it renews each billing period (or your trial subscription before expiration of the trial period), otherwise payment of the subscription fees for the next period will be taken automatically via your chosen payment method. You are solely responsible for the timely payment of all fees and charges and in ensuring the accuracy of the payment information associated with your account. If your payment does not process for any reason, your subscription may be automatically cancelled.

For subscriptions purchased through a platform such as Apple or Google (or for trial subscriptions that automatically converts to a paid subscription of if not cancelled prior to the expiration of the trial period), you may cancel at any time directly through the platform, as follows: you can manage and cancel your subscription at any time in your “Account Settings” of your device. For iOS subscriptions, please see Apple’s support page available here. For Google Play subscriptions, please see Google Play’s support page available here.

Except where required by applicable law, subscription payments are non-refundable and there WILL BE no refunds or credits for partially used subscription periods.

*11. Links to Third Party Websites, Resources, or Advertising*
Our Services may feature advertisements from us or other companies. Our Privacy Policy explains what information we share with advertisers. Please read it carefully.

Sometimes we provide links in our games or on the Services to other third-party companies’ websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. We are not liable for any claim relating to any content, goods, and/or services of third parties, and you acknowledge sole responsibility for, and assume all risk arising from, your use of

any third-party websites or resources.

Please also note that we do not control linked third-party websites or resources and they may collect data or ask you to provide them with personal or other information, or they may automatically collect information from you. When you use these third-party sites and services, the third-party company may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices, or privacy policies, or for how they collect, use, or share the information they get from you.