End-user license agreement

Introduction

By way of using, downloading and/or installing the Software provided by 1D3 DIGITECH OÜ, a company with its register code 16515982 and registered office at Harju county, Tallinn, Kesklinna district, Tornimäe tn 7-26, 10145 (hereinafter "1D3", "us" or "we") set out in this 1D3 End-User License Agreement (hereinafter the "Agreement"), you (hereinafter "User", or "You") agree to be bound by the provisions set out herein, which constitute a legally binding agreement between You and 1D3.

You also agree acknowledge that You have been made aware of the following documents. Please find links below for Your convenience:

We encourage You to read this Agreement and the above documents carefully, and to save a copy of this Agreement for Your reference.

Please be advised that:

The downloading, installing, copying or otherwise using the Software shall mean Your acceptance of this Agreement.
Your parents or legal guardians must review this Agreement in case You are below 18 (eighteen) years of age (or other age of majority that is applicable in Your location).
We may make changes to this Agreement and any of the above documents from time to time, therefore it is Your responsibility to check them regularly to be aware of the up-to-date version which is effective from the moment the updated version has been published on our website. If You disagree with any changes, You have the right to terminate this Agreement. However, if You purchase, install, copy or use any Software after such changes, this will mean that You have accepted the updated version of the Agreement.
We may terminate Your licence, if You breach this Agreement, including, by way of example and not limitation, the restrictions set out in clause 3.

1. Definitions

1.1. ‘Software’ means the software, applications, games, text, various posts, widgets, audio or visual material, user produced content or other digital material which 1D3 is authorised to offer to Users in accordance with the agreement entered into between 1D3 and the relevant Developer.

1.2. ‘Developer’ means the Software developer or publisher with which 1D3 has entered into an agreement.

1.3. ‘Intellectual Property Rights’ means, in relation to the Software, any patent, patent application, right in a design, copyright, trade mark, utility model, design right, service mark, database right, program code, trade secret, functional parts of the Software, any trademarks, names and proprietary information of 1D3 and the Developers, of any nature whatsoever, whether registered or unregistered, and any other intellectual property right whether or not capable of registration as may exist anywhere in the world, now or in the future.

2. Licence and software use

2.1. 1D3 hereby grants to You, and You accept, a limited, non-transferable, non-exclusive, non-sublicensable licence to use the Software for Your personal use as long as You comply with the Agreement. You may use the Software only for non-commercial use. The licence does not grant You any ownership title to the Software or the Intellectual Property Rights. Any such rights shall be retained by 1D3 or the Developers. Any reference to purchases shall be a reference to purchasing the licence, and not the ownership title of the Software.

2.2. You may receive access to the Software either online or via downloading the Software.

2.3. You are not authorised to copy or otherwise reproduce, or distribute, publish, translate, reverse engineer, derive source code from, disassemble, decompile, modify, create derivative works based on, or remove any labels or notices from the Software in any part without the prior written consent of 1D3, except to the extent permitted under this Agreement or the applicable law.

2.4. The use of the Software shall be governed by the agreement entered into between You and the Developer, including, by way of example and not limitation, the plot of a game, items inside a game, bugs, etc. You agree to follow the terms set out in such agreement.

2.5. You acknowledge that:

2.5.1. The Software will not be available at all times and locations. Neither may the Software be accessed by all devices and via all internet providers.

2.5.2. Updates of the Software from 1D3 or Developers may automatically download and install, and they may affect the games or other content, e.g., cause resets, disable functions, remove accrued assets.

3. Your account

3.1. Only You are authorised to use Your own account. Therefore, You may not in any way transfer Your account or login credentials to any other person or use another person’s account or login credentials. It is Your responsibility to maintain the confidentiality of Your account and the login credentials. You are solely responsible for any activities being done under Your account.

3.2. You warrant that:

3.2.1. You will provide us only with true and accurate information, and that You will keep the information provided up-to-date.

3.2.2. You will comply with any and all laws applicable to You, including local and national laws and regulations regulating Your activity in relation to the present Agreement.

3.3. You acknowledge that the following activities are prohibited:

3.3.1. The use of false identities or use of credentials of other users, including login credentials, concealing any identifying information, misrepresentation of any information, including by impersonating other persons, use of IP proxying and similar methods to disguise Your location or residence.

3.3.2. The transmission of any harmful, abusive, defamatory, illegal information, unsolicited advertisements, software code, programs, viruses, trojans, worms, bombs, information breaching any agreements or third-party rights, information breaching intellectual property rights, any information, material, data or items similar to the aforementioned information, directing any such information to other users.

3.3.3. The interference with the systems, databases and network of 1D3, its affiliates and partners.

3.3.4. The processing of personal data of other users, including by way of disclosure of personal data or gathering data, without valid legal grounds for such processing.

4. Payments

4.1. The price for Your purchases shall consist of the Software price, including the applicable subscription rate where You purchase a subscription, any taxes that are applicable depending on Your jurisdiction, country information provided by You, and the payment method. The Software prices may be changed by 1D3 at any time at our sole discretion. You agree to pay the taxes applicable, even if 1D3 fails to invoice You for these taxes. You agree to pay all charges to Your account, including any unpaid charges You have incurred prior to cancelling Your account.

4.2. In order for You to be able to purchase the Software, 1D3 utilises the services of third-party payment service providers. It is Your responsibility to read carefully the relevant terms and privacy notices of any third-party service providers, including payment service providers.

4.3. You warrant that You will use only such payment instruments, including payment cards, that You are authorised to use, and that any information submitted to 1D3 and payment service providers by You is true and accurate.

4.4. You acknowledge that 1D3 and the payment service providers may decline any payment at their sole discretion, and impose minimum and maximum payment limits.

4.5. You agree to pay any currency conversion costs than may occur, if the currency conversion takes place. You also agree to bear any fees that may be applied by payment service providers.

4.6. By authorising a payment, You may allow 1D3 and its payment service providers to store Your payment instrument data, e.g. card data, for the initiation of further transactions. This means that 1D3 will be able to initiate transactions on Your behalf by using Your payment instrument credentials (to charge You for Your subscriptions with a periodical fee at the then current price on You billing cycle date) or allow You to initiate transactions without requesting You to provide Your payment instrument credentials after they have been provided by You before. The storage of Your payment card credentials and the use of the stored payment card credentials shall be regulated by the Agreement on the Storage of the Cardholder’s Credentials.

4.7. You have the right to cancel Your subscription at any time by sending a cancellation to 1D3 User Support at customer@1d3.com. If You cancel Your subscription 1 (one) day before the upcoming billing, You will not be charged with the following payment. However, if You cancel Your subscription later, You will be charged with the following payment. Please be advised that all payments are non-refundable, partially used subscriptions do not grant You the right to receive partial refunds or credits, and any such subscriptions must be paid in the full amount without regard to the extent they have been used.

5. Refunds

5.1. You agree that all charges for purchasing the Software shall be paid in advance and shall not be refunded, except as set out in clause 5.2. of this Agreement.

5.2. Before You start downloading the Software, You have the right to cancel the Software licence transaction free of charge if the applicable law specifically grants You such rights at this regard. Once the Software download has begun, You have no right to cancel the transaction or receive a refund.

5.3. 1D3 is not tolerant of fraudsters, therefore please be aware that 1D3 in its sole discretion may refuse to accept any payment from You if 1D3 suspects fraud related activity or any kind of inappropriate behaviour in the game.

6. User requirements

By entering into this Agreement, You confirm, inter alia, that:

You are 18 (eighteen) years old (or other age of majority that is applicable in Your location) or Your parent/guardian have revised this Agreement with You and accepted this Agreement on Your behalf in case You are below 18 (eighteen) years of age (or other age of majority that is applicable in Your location);
You have carefully read this Agreement and other documents specified in the Agreement that apply to You and/or they are understandable to You, and You agree to them;
You wish to access or use the Software based on Your sole decision, and You are fully aware of all risks that may arise from it;
You agree to use Your own username to access or use the Software and not to hide Your identity from 1D3;
You will in no way and for no reason hide or change Your real location in order to use or get access to the Software;
You understand that the internet services and telecommunications networks necessary to download and/or use the Software are not under 1D3 control, thus 1D3 is not responsible for any defects that may affect Your access and/or use of the Software;
You will not use the Software, in whole or in part, for any purpose not expressly authorised by 1D3 or the Developer;
You are not located in, under the control of or a national or resident of any terrorist-supporting countries.
You shall provide correct information on the 1D3 checkout page, including but not limited to payment details, email and your location data;
You acknowledge that there is a risk of loss of digital goods in the Software for various reasons beyond 1D3's control.

To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of Your use of Your account. 1D3 is not liable for damages of any kind arising from Your submission of any information that is deemed to be untrue or is inaccurate.

7. Age ratings

7.1. 1D3 will provide You with all information on all applicable age ratings in the relevant territory obtained by the Developer from the relevant government or rating institutions and/or as determined by the Developer itself or as provided by the Developer in accordance with applicable law. However, 1D3 shall not be responsible for the publication of incorrect ratings if such incorrect ratings have been provided by the Developer, nor for the non-implementation of ratings, if such ratings have not been provided by the Developer.

7.2. Please be aware that if You attempt to download or use any of the Software outside the relevant Software sale and accessibility territory, the Software may not function at all or in a proper form.

8. Third-party services

Third-party services may be available to You through the Software, and/or the Software may include links to third-party services. Such third-party services are subject to particular third-party terms and policies. It is in Your best interest to read these third-party terms and conditions warily as they form an agreement between You and the relevant third-party service provider.

1D3 is not in any kind responsible for third-party services and third-party agreement, which you may enter into with third-party service provider. Your safety is your responsibility when using third-party services.

9. Warranty

You understand that the software is provided "as is" and on an "as available" basis, without warranty or condition of any kind, whether expressed or implied, to the fullest extent permissible pursuant to applicable law 1D3 disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, warranties that arise out of course of dealing, performance, use or trade practice. Without limitation to the foregoing, 1D3 provides absolutely no warranty, representation or guarantee of any kind as to content, sequence, accuracy, timeliness, safety, reliability, operation, performance, completeness of the software, compatibility with any other software, systems, services, applications. 1D3 makes no representation of any kind that the software will meet your expectations, achievement of any expected results.

10. Indemnity and liability

10.1. You agree to indemnify, defend and hold harmless 1D3, its owners, subsidiaries, affiliates and their respective directors, officers, employees, shareholders, licensors, partners, contractors or agents against and in respect of all loss or damages, cost, liability and expense (including all fines and legal costs and all other reasonable professional costs and expenses) arising out of or in connection with Your use or misuse of the Software or Your breach of this Agreement, or arising out of a claim by any other User, Developer or any other third party related to any action or omission by You.

10.2. In no event shall 1D3, its owners, subsidiaries, affiliates and their respective directors, officers, employees, shareholders, licensors, partners, contractors or agents be liable to You or to any third party for any loss, special, incidental, indirect, punitive or consequential damages, however arising or in any way connected to 1D3, personal injury, lost profits, lost data, tort, breach of the Agreement or 1D3’s warranty, misrepresentation or fraud with respect to any Software.

10.3. The Developer is solely responsible for providing support and maintenance for the Software, and You acknowledge that the Developer is responsible for handling any claims You may have regarding the Software, including, but not limited to:
any claims regarding the Software's non-compliance with any applicable legal or regulatory requirements;
claims arising under consumer protection or similar legislation;
claims related to the Intellectual Property Rights of third parties;
product liability.

These limitations and above exclusions regarding damages apply even if any remedy fails to provide adequate recompense.

11. Termination

11.1. This Agreement shall be effective until terminated.

11.2. You may terminate this Agreement at any time upon notice to 1D3 and/or by deleting Your account.

11.3. 1D3 reserves the right, in its sole discretion, to terminate this Agreement with immediate effect, as set forth herein, in respect of Your breach of this Agreement.

11.4. Upon termination of this Agreement for any reason, we will assess whether and to what extent You are entitled to a refund.

11.5. Upon termination of the Agreement for any reason all provisions regarding indemnification, warranty, liability and limits thereof, miscellaneous, and any provisions, which expressly or by their nature are required to survive such termination in order to achieve their purpose, shall remain effective.

11.6. Termination of this Agreement shall be without prejudice to any rights or liabilities accrued at the date of the termination.

11.7. Upon the termination of this Agreement, all Your rights and licences to use the Software under this Agreement shall terminate, You shall cease the use the Software, destroy all copies of the Software and all Software related documentation.

12. Miscellaneous

12.1. You are welcome to use our 1D3 support email - customer@1d3.com in case You have any claims or concerns regarding 1D3 services and products.

12.2. You shall not take legal action against 1D3 and initiate legal proceedings without prior notification to 1D3. The said notice should contain in detail the nature and grounds of Your claim, the desired solution of Your concern, and should be sent via electronic mail to complaints@1d3.com or by certified mail to the legal address of 1D3.

12.3. 1D3 will contact You via Your account, email or mail based on the information contained in our records.

12.4. Communications are deemed received, if by post, at 9.00 am on the working day after the day of post; or, if by email or other electronic means, at 9.00 am on the working day after the electronic transmission, immediately after sent to You via Your account. References in this clause to time of day are to the time of day at the location of the recipient.

12.5. Any claim that You may have arising out of or in any way connected to this Agreement must be commenced within one (1) year after the cause of action accrues, otherwise such claim will be permanently rejected.

12.6. This Agreement constitutes and contains the entire agreement between You and 1D3 with respect to the subject matter hereof and supersedes any prior oral or written agreements. In case any provision of the Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

12.7. The Agreement and any non-contractual obligations arising from or in connection with it shall be governed by and construed in accordance with the laws of Estonia.

12.8. The courts of Estonia shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with the Agreement.