TERMS OF SERVICE

The terms of this agreement (“Terms of Service”) govern the relationship between you and Kivicom Oy, a Finnish company (Business ID: 3322979-2) (hereinafter “Kivicom” or “we” or “us”) regarding your use of Kivicom’s games and related services (collectively “Service”).

Use of the Service is also governed by Kivicom’s Privacy Policy, which is herein incorporated by reference.

By installing, accessing, or using the Service, you represent that you understand and agree to these Terms of Service.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. THE SERVICE IS LICENSED, NOT SOLD. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE.

USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Kivicom reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Service, its Privacy Policy, and other relevant Kivicom policies at any time. Kivicom will notify you of any amendments, and your continued use of the Service will constitute your acceptance of those amendments.

1. License

1.1 Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Kivicom’s policies, Kivicom grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited right and license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose. The Services are being licensed to you and you hereby acknowledge that no title or ownership in the Services is being transferred or assigned to you.

1.2 License Term

All terms of this Terms of Service shall commence on the date that you accept this Terms of Service, install, or otherwise use any of Kivicom’s Services and ends on the earlier date of either your disposal of the Services and/or the termination of this Terms of Service by Kivicom.

1.3 User Responsibility

You accept full responsibility for any unauthorized use of the Service by minors using your device.

1.4 Limitations on License

Any use of the Service in violation of these License Limitations is strictly prohibited and can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree to comply with the following requirements when you use any of Kivicom’s Services:

You will not engage in any act that Kivicom deems to be in conflict with the spirit or intent of the Service or make improper use of Kivicom’s support services.

You will not use cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Service or any Kivicom’s game.

You will not exploit, distribute, or publicly inform other users of any Kivicom’s Service error, miscue, or bug which provides for an unintended advantage.

You will not disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service.

You will not institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.

You will not attempt to gain unauthorized access to the Service or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Kivicom.

You will not attempt to obtain personal information from other users or collect or post anyone’s private information.

You will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Kivicom’s game.

You will not copy, modify, or distribute content from Kivicom’s Services except as specifically authorized by us.

Kivicom reserves the right to determine which conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Kivicom reserves the right to take action as a result, which may include terminating your access and prohibiting you from using the Service.

1.5 Suspension and Termination of Access

WITHOUT LIMITING ANY OTHER REMEDIES, KIVICOM MAY LIMIT, SUSPEND, OR TERMINATE ACCESS TO KIVICOM’S SERVICE OR PORTIONS THEREOF IF YOU ARE, OR KIVICOM SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU.

KIVICOM RESERVES THE RIGHT TO STOP OFFERING AND/OR SUPPORTING THE SERVICE OR A PARTICULAR GAME OR PART OF THE SERVICE AT ANY TIME, AT WHICH POINT YOUR LICENSE TO USE THE SERVICE OR A PART THEREOF WILL BE AUTOMATICALLY TERMINATED. IN SUCH EVENT, KIVICOM SHALL NOT BE REQUIRED TO PROVIDE REFUNDS, BENEFITS, OR OTHER COMPENSATION TO USERS IN CONNECTION WITH SUCH DISCONTINUED SERVICES.

YOU MAY TERMINATE YOUR ACCESS TO THE SERVICE AT ANY TIME AND FOR ANY REASON by uninstalling the game or by contacting our support at support@KivicomGAMES.com informing that you wish to terminate your license.

2. Ownership

2.1 Ownership in Games and Service

All rights, title, and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, and the Kivicom’s game clients and server software) are owned by Kivicom and/or licensed to Kivicom by 3rd parties.

Kivicom reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

3. Terms Regarding Purchase Fees

3.1 Purchase Fee and Licensing

The Service is provided for a single, one-time purchase fee to grant you the license to use the game.

The provision of the game commences immediately upon acceptance of your purchase by the mobile platform (Apple iOS, Google Android OS). The purchase is subject to the payment terms and conditions of the platform from which you make your purchase.

3.2 Refunds

ALL PURCHASES MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE by Kivicom.

You acknowledge that neither Kivicom nor any mobile platform provider is required to provide a refund, except as required by applicable law or the platform provider's own refund policy. If you wish to request a refund, you must contact the mobile platform provider (e.g., Apple App Store or Google Play Store) directly, subject to their respective refund policies.

4. Service Updates

You understand that the Service is an evolving one. Kivicom may require that you accept updates to the Service and to Kivicom’s games you have installed on your device or computer. You acknowledge and agree that Kivicom may update the Service and Kivicom’s games, with or without notifying you. You may need to update third-party software from time to time in order to receive the Service and play Kivicom’s games.

5. Disclaimer of Warranties

WITHOUT LIMITING KIVICOM’S LIABILITY UNDER SECTION 6 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. KIVICOM DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdiction does not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

6. Limitation of Liability, Sole and Exclusive Remedy and Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIVICOM SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF.

TO THE EXTENT NOT PROHIBITED BY LAW, KIVICOM SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO KIVICOM IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO KIVICOM DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND KIVICOM’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH KIVICOM IS TO STOP USING THE SERVICE.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF KIVICOM OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF KIVICOM.

You agree to indemnify, defend, and hold Kivicom (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service.

7. Governing Law and Disputes

Your contractual relationship with Kivicom under these Terms of Service, shall be governed by and construed and interpreted in accordance with the laws of Finland without regard to its principles and rules on conflict of laws.

You agree to submit to the exclusive jurisdiction of the courts located within the city of Helsinki, Finland to resolve any and all legal matters arising from this Agreement.

If a dispute arises between you and Kivicom, we strongly encourage you to first seek a resolution by contacting us via our customer support: support@KivicomGAMES.com.

8. Miscellaneous

8.1 Assignment

Kivicom may assign or delegate these Terms of Service and/or the Kivicom Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Kivicom’s prior written consent.

8.2 Entire Agreement

These Terms of Service, any supplemental policies, and any documents expressly incorporated by reference herein (including the Kivicom Privacy Policy), contain the entire understanding of you and Kivicom, and supersede all prior understandings of the parties.

8.3 No Waiver

The failure of Kivicom to require or enforce strict performance by you of any provision of these Terms of Service shall not be construed as a waiver or relinquishment of Kivicom’s right to assert or rely upon any such provision or right in that or any other instance.

8.4 Force Majeure

Kivicom shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Kivicom, including without limitation acts of God, war, terrorism, riots, embargoes, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.