TERMS OF USE FOR HARMONYBIT MOBILE APPLICATIONS

Effective as of April 16, 2021

1. ABOUT US
   1. Harmonybit’s Platforms (“Platforms” means websites https://harmonybit.com/, ______________  (the “Site”); mobile applications (means applications and games (each an “App”, collectively “Apps”) and any related documentation, services; any images, logos, music, photographs and video content that are incorporated into and form part of our Apps (“App Content”) are owned, operated and managed by HARMONYBIT LTD (we / us / our), a private company limited by shares, incorporated and registered in the Republic of Cyprus with company number HE 3920773 whose registered office is at Spyrou Kyprianou, 79, PROTOPAPAS BUILDING, 2nd floor, Flat/Office 201, 3076, Limassol, Cyprus.
   2. We can be contacted by writing to HARMONYBIT LTD, Spyrou Kyprianou, 79, PROTOPAPAS BUILDING, 2nd floor, Flat/Office 201, 3076, Limassol, Cyprus, by e-mail at [email protected]
2. INTRODUCTION
   1. These terms of use (“Terms”) constitute an
      agreement between you and us regarding your use of our Platforms.
   2. Please read these Terms and our privacy policy, available here
      (“Privacy Policy”) very carefully. By using our Platforms, you agree to be bound by these Terms and by our Privacy Policy. If you don’t agree to these Terms and our Privacy Policy, do not use the Platforms.
   3. We recommend that you save or print a copy of these Terms for future reference. Click here to generate a PDF version of these Terms that can be saved or emailed
      to you for printing.
   4. Any terms you have with your respective mobile network provider (“Mobile
      Provider”)
      continue to apply and you may be charged by the Mobile Provider for
      access to network connection services for the duration of the connection
      while accessing our Platforms and any third party charges as may arise from
      time to time. You will be solely responsible for any costs and other
      charges or expenses charged by your Mobile Provider, internet service
      provider, network operator and/or any other third party provider in
      relation to your internet service, your mobile service and any use of
      our Platforms. In the
      event that you are not the bill payer for the device being used to
      access our Platforms, you will be assumed to have obtained permission from
      the relevant bill payer for using our Platforms.
   5. If you use our Platforms onto any device not owned by you, you
      must have the owner’s permission to do so. You will be responsible for
      complying with these Terms, whether or not you own the device.
   6. Any words following the terms ‘including’, ‘include’, ‘in
      particular’, ‘for ‘example’ or any similar expression shall be construed
      as illustrative and shall not limit the sense of the words,
      description, definition, phrase or term preceding those terms.
   7. While all of these Terms are important, you should pay particular attention
      to:
      1. (a) the conditions of use of our Platforms as set out in paragraph 6;
      2. (b) the acceptable use of our Platforms as set out in paragraph 8;
      3. (c) our liability to each other as set out in paragraph 13;
         and
      4. (d) when we may bring these Terms to an end as set out in paragraph
         21;
3. REGISTRATION
   1. In order to make full use of our Platforms, you may be required to register for an Account.
   2. You acknowledge and agree that the information provided by you is
      true, accurate and correct. You agree to promptly notify us in writing
      in the event of any changes to any of your information.
   3. Your login details are for your own personal use only and you must
      keep your login details confidential and secure. Sharing your login
      details with any other person is strictly prohibited.
   4. You must notify us immediately if you suspect or become aware of any
      unauthorised use of your login details or any breach of our security by
      emailing [email protected] and giving details of the unauthorised use or
      breach.
   5. Without prejudice to our rights and remedies, we reserve the right
      to promptly disable your login details and suspend your access to any of
      our Platforms, if in our reasonable opinion, we believe that you have
      breached any of the provisions of these Terms.
4. OUR PLATFORMS
   1. Our Platforms include our Site, such our Apps as the “Pixel Cat”, “Video Puzzles – Magic Puzzle” games and the “My Water”, “Facetory: Face Yoga & Exercise” and “Astrospot: horoscope matches, daily predictions” apps.
5. AVAILABILITY
   1. We will use reasonable endeavours to ensure that our Platforms are available for download and use at all times. However, ours Platforms are provided over the internet and mobile networks and so their operation and availability may be affected by factors outside of our control at any time for any reason. We do not guarantee that use of or access to our Platforms will always be available and/or uninterrupted.
6. CONDITIONS OF USE
   1. In return for your agreeing to comply with these Terms you may:
      1. (a) download our Apps onto a device and view, use and display our Apps on the device
         for your personal purposes only;
      2. (b) use any related documentation to support use of our Apps as permitted by these
         Terms; and
      3. (c) receive updates to the software code of our Apps via our Apps
         store that you downloaded our Apps from – these may incorporate patches
         and corrections of errors as we may provide to you.
   2. Your right to use our Apps is personal to you, you may not
      otherwise transfer our Apps to anyone else for any reason. If you sell
      or give away any device on which our Apps is installed, you must remove
      our Apps from it first.
   3. The ways in which you can use our Apps may also be governed the
      terms of the app store that you downloaded our Apps from. In the event
      of a conflict between these Terms and the terms of the app store that
      you downloaded our Apps from, the terms of our Apps store from which you
      downloaded our Apps shall take priority.
7. RESTRICTIONS
   1. Unless you have requested and received our prior written consent or
      unless expressly permitted in these Terms, you must not:
      1. (a) copy our Apps except as part of the normal use of our Apps or
         where it is necessary for the purpose of creating a back-up or
         operational security;
      2. (b) modify or translate our Apps in whole or in part, or combine or merge our Apps
         with any other object code or program;
      3. (c) reverse engineer, decompile, disassemble, reduce the object code
         of our Apps to source code form or create (or attempt to create)
         derivative works based on the whole or any part of our Apps, except to
         the extent permitted by applicable law, and provided that the
         information obtained by you during such activities:
         1. (i) is not disclosed or communicated without our prior written
            consent to any third party to whom it is not necessary to disclose or
            communicate it to in accordance with applicable law; and
         2. (ii) is not used to create any software that is substantially similar in its
            expression to our Apps
         3. (iii) is kept secure; and
         4. (iv) is used only in accordance with applicable law;
      4. (d) distribute, sub-license, assign, share, timeshare, sell, rent,
         lease, grant a security interest in, use for service bureau purposes, or
         otherwise transfer our Apps or your right to use our Apps;
      5. (e) remove, modify, block, disable, obscure or impair any copyright,
         trademark, or other proprietary notices, material or advertising
         belonging to us, our licensors or other third parties contained within
         our Apps;
      6. (f) incorporate our Apps into another service or website or make it available via
         framing or mirrors;
      7. (g) extract any data or metadata from our Apps nor create any index or database
         incorporating any part of it;
      8. (h) circumvent, disable or otherwise interfere with security-related features of our
         Apps or features that:
         1. (i) prevent or restrict use or copying of any part of our Apps; or
         2. (ii) enforce limitations on use of our Apps,
         3. in each case other than to exercise your rights under paragraphs 9.1(a) or
            9.1(c);
      9. (i) do anything that may cause damage to our Apps;
      10. (j) carry out any harmful or illegal activities using our Apps; or
      11. (k) use our Apps in any manner not expressly authorised by these Terms.
      12. (l) use any robot, spider or other automated device or process to access the Site for any purpose or copy any material;
      13. (m) publish, post, upload or distribute user content or content that is illegal or that you don’t have permission to freely distribute;
      14. (n) use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software program or applications, exploits, cheats, or any other hacking, altering or cheating software or tool;
      15. (o) modify any file or any other part of the Platforms that we do not specifically authorize you to modify.
8. ACCEPTABLE USE
   1. You must:
      1. (a) not use our Platforms in any unlawful manner, for any unlawful
         purpose, or in any manner inconsistent with these Terms, or act
         fraudulently or maliciously (for example, by hacking into or inserting
         malicious code, such as viruses, or harmful data, into our Apps or into
         any operating system);
      2. (b) not infringe any rights (including intellectual property rights)
         belonging to us or any third party in relation to your use of our Platforms;
      3. (c) not transmit any material that is defamatory, offensive or otherwise
         objectionable in relation to your use of our Platforms;
      4. (d) not use our Platforms in a way that could damage, disable,
         overburden, impair or compromise our systems or security or interfere
         with other users;
      5. (e) comply with any applicable third party terms and conditions in respect of your
         use of our Platforms; and
      6. (f) not collect or harvest any information or data from any service
         or our systems or attempt to decipher any transmissions to or from our
         servers.
9. MEDICAL DISCLAIMER
   WE ARE NOT A LICENSED MEDICAL CARE PROVIDER AND THE APP “FACETORY: FACE YOGA & EXERCISE” IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION. You are solely responsible for your own health. The App “Facetory: Face Yoga & Exercise” is offered for informational purposes only, and in no way intends to diagnose, cure, or treat any medical or other condition.NOTHING WITHIN THE SERVICES PROVIDED BY THE APP “FACETORY: FACE YOGA & EXERCISE” IS ASSOCIATED WITH, SHOULD BE TAKEN AS, OR UNDERSTOOD AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE INTERPRETED IN SUBSTITUTION FOR ANY MEDICAL ADVICE OR ASSISTANCE, OR USED OR REFERRED TO INSTEAD OF SEEKING APPROPRIATE MEDICAL ADVICE OR ASSISTANCE FROM HEALTH CARE PROVIDERS.

   PLEASE NOTE THAT YOU MUST ALWAYS CONSULT WITH A DOCTOR, YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH BEFORE COMMITTING TO ANY KIND OF FITNESS TRAINING PROGRAM OR ANY DIETARY CHANGES, ESPECIALLY IF YOU ARE PREGNANT OR NURSING OR HAVE ANY HEALTH ISSUES SUCH AS DIABETES, THYROID DYSFUNCTION, ETC.

   WE DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS, AS WELL AS VIOLATION OF ANY ETHICAL OR MORAL STANDARDS APPLICABLE IN YOUR COMMUNITY TO FITNESS EDUCATION AND RELATED MATERIALS.

10. FEES
    1. Once you have installed our Apps, you can select the subscription
       that you would like in order to use each App. Subscriptions are
       available on a weekly, monthly, annual and lifetime basis and further
       details of each type of subscription and its cost are detailed on the
       App.
    2. App Content may be made available via in-app purchasing.
    3. All transactions between you and us are handled via the app store that you downloaded the
       App from.
11. APP CONTENT
    1. The App Content may include trademarks or copyright material owned
       by us or third parties. The App Content includes the images, logos,
       music, photographs and video content that are incorporated into and form
       part of our Apps. The term App Content also includes any part of any of
       the App Content, or any assemblage, deviation, manipulation,
       modification, screen print or copy of, or derivative work based on or
       including any of the App Content.
    2. The App Content may only be used as part of our Apps and may not be used independently.
12. INTELLECTUAL PROPERTY RIGHTS
    1. All intellectual property rights in our Platforms throughout the world belong to us and our
       licensors and the rights in our Platforms are licensed (not sold) to you. You
       have no intellectual property rights in, or to, our Platforms other than the right to use them in accordance with these
       Terms.
13. LIABILITY
    1. If we fail to comply with these Terms we are responsible for loss or
       damage you suffer that is a foreseeable result of our breaking these
       Terms or our failing to use reasonable care and skill, but subject to
       paragraph 13, we are not responsible for any loss or damage that is
       not foreseeable. Loss or damage is foreseeable if either it is obvious
       that it will happen or if, at the time you accepted these Terms, both we
       and you knew it might happen (“Foreseeable Losses”); and
    2. Subject to paragraph 13, we limit our aggregate liability for
       Foreseeable Losses, arising out of or in connection with these Terms, to
       you in respect of all events occurring in any calendar year, whether in
       contract, tort (including negligence), for breach of statutory duty, or
       otherwise, to the greater of:
       1. (a) 100% of the fees paid and payable by you to us in respect of the Platforms in such
          calendar year; and
       2. (b) £50.
    3. Subject to paragraph 13, circumstances giving rise to a loss or
       damage which is not foreseeable includes but shall not be limited to:
       1. (a) any use of our Platforms in a manner that we do not authorise;
       2. (b) ending, suspending or restricting use of our Platforms in accordance with these
          Terms;
       3. (c) any loss or damage caused by us in circumstances where there is
          no breach of contractual obligation or legal duty owed to you by us;
       4. (d) any loss or damage (including to any device or content belonging
          to you) caused by us to the extent that such loss or damage results
          from your negligence, your failure to follow our reasonable instructions
          or any other breach of these Terms (or any other contract you have in
          place with us), unless we were in breach of a legal obligation or duty
          of care owed to you by us and that breach is the substantial cause of
          the loss or damage;
       5. (e) any loss or damage caused by any error, bugs or viruses arising
          in your use of our Platforms that are not directly caused by or attributable
          to our Platforms, or any incompatibility of our Platforms with any other software,
          hardware or material on your device; and
       6. (f) any breach of paragraphs 6 or 10 by you.
    4. Nothing in these Terms excludes or limits our liability for death
       or personal injury arising from our negligence, or our fraud or
       fraudulent misrepresentation, or any other liability that cannot be
       excluded or limited under English law.
    5. If defective digital content that we have supplied damages a device
       or digital content belonging to you, we will either repair the damage
       or pay you compensation. However, we will not be liable for damage that
       you could have avoided by following our advice to apply an update
       offered to you free of charge or for damage that was caused by you
       failing to correctly follow installation instructions or to have in
       place the technical requirements advised by us.
    6. Our Apps are for domestic and private use only. If you use our Apps
       for any commercial, business or resale purpose we will have no
       liability to you for any loss of profit, loss of business, business
       interruption, or loss of business opportunity.
    7. Please note that in some jurisdictions consumer protection laws may
       not allow certain disclaimers or exclusions or limitations of liability
       and consequently some of the disclaimers, exclusions and limitations of
       liability in these Terms may not apply.
    8. We recommend that you back up any content and data used in
       connection with our Apps, to protect yourself in case of problems with
       our Apps.
    9. Our Apps have not been developed to meet your individual
       requirements. Please check that the facilities and functions of our Apps
       (as described on the app stores where ours Apps are available and in
       the related documentation) meet your requirements.
    10. If our provision of support for our Platforms is delayed by an event
        outside our control then we will contact you as soon as possible to let
        you know and we will take steps to minimise the effect of the delay.
        Provided we do this we will not be liable for delays caused by the event
        but you may terminate these Terms by ceasing to use our Platforms and
        deleting or removing our Apps from your device.
    11. Our Apps, which are available on various app stores, are controlled
        and offered by us from our facilities in United Kingdom. The
        distribution of our Apps via app stores is governed by their rules with
        which we must comply. There are some locations where Apps with paid for
        in-app purchasing products are not permitted and therefore in those
        locations our Apps will not be visible to app store users registered in
        those locations.
    12. You agree that you will compensate us for any losses (including
        reasonable legal fees) that we incur as a result of any breach of
        paragraph 6 or 10 by you.
14. YOUR PRIVACY
    1. We only use any personal data we collect through your use of our
       Platforms in the ways set out in our Privacy Policy which can be found here.
    2. Please be aware that internet transmissions are never completely
       private or secure and that any message or information you send using our
       Platforms may be read or intercepted by others, even if there is a special
       notice that a particular transmission is encrypted.
    3. By using our Apps, you agree to us collecting and using technical
       information about the devices you use our Platforms on and related software,
       hardware and peripherals to improve our products.
15. THIRD PARTY WEBSITES
    1. You acknowledge that our Platforms may contain links to third party
       websites (whether by way of advertisements or otherwise) that are not
       owned or controlled by us. Such links are provided for your reference
       only. We do not control such websites and are not responsible for the
       contents or your use of them, and as a result we do not accept
       responsibility for the availability, suitability, reliability or content
       of such third party websites.
    2. Our inclusion of such hyperlinks in our Platforms does not imply any endorsement of the material
       or the views expressed within them.
16. SUPPORT
    1. If you think our Platforms are faulty or misdescribed please contact us using the details provided
       in paragraph 1.2.
    2. If we have to contact you we will do so by email, using the contact details you have
       provided to us.
17. ADVERTISING AND MONETISATION
    1. You acknowledge that our Apps and the App Content may be supported
       by advertising revenues and we may place advertising, promotions or
       sponsored content on our Apps or on, about, or in conjunction with the
       App Content. You acknowledge that we may not always identify
       advertising, promotions and sponsored content and the manner, mode and
       extent of such advertising, promotions and sponsored content is subject
       to change without notice to you. We may at our sole discretion provide
       the ability to pay to remove advertisements via the settings menu within
       our Apps.
18. CHANGES TO OUR PLATFORMS
    1. From time to time we may automatically update our Platforms to improve
       performance, enhance functionality, reflect changes to the operating
       system or address security issues.
    2. In respect of Apps if you choose not to install such updates or if you opt out of automatic updates you may not
       be able to continue using our Apps.
    3. Changes to our Apps will not prevent our Apps working with the
       versions of the operating system shown on the app store that you
       downloaded the App from.
19. CHANGES TO THESE TERMS
    1. These Terms may only be modified with our prior written consent. We
       may alter or amend these Terms, including introducing new terms, that
       are:
       1. (a) the result of a change in applicable law or our business;
       2. (b) necessary for the provision of our Platforms; or
       3. (c) the result of any improvements to our Platforms.
    2. Subject to paragraph 20.3, if we make any changes (including any
       changes to our policies), we will give thirty (30) days’ prior written
       notice to you by email. If you notify us in writing within the thirty
       (30) days that you do not accept the change, these Terms will terminate
       immediately. However, if you continue to use our Platforms after providing
       such notice or after the thirty (30) day period, you are accepting these
       Terms as updated.
    3. We are under no obligation to notify you of any changes to these
       Terms that result in minor adjustments or corrections to these Terms.
20. TRANSFER OF RIGHTS
    1. We may transfer our rights and obligations under these Terms to
       another organisation. We will always tell you in writing if this happens
       and we will ensure that the transfer will not affect your rights under
       the these Terms.
    2. You may only transfer your rights or your obligations under these Terms to another person if
       we agree in writing.
21. TERMINATION
    1. These Terms apply from when you start to use our Platforms (the
       “Effective Date”) and will remain in full force and effect while you use
       our Platforms until terminated in accordance with this paragraph 21.
    2. We may terminate these Terms and your use of our Platforms, or suspend your use of our Platforms,
       immediately by written notice to you if:
       1. (a) we consider that you have used our Platforms in violation of these Terms;
       2. (b) we believe there has been unauthorised access to our Platforms;
       3. (c) we, at our sole discretion, decide to withdraw our Platforms (whether in whole or in
          part);
       4. (d) we have a legal or regulatory obligation imposed on us, which impacts our
          ability to provide our Platforms; or
       5. (e) for any other reason provided that we have given you thirty (30)
          days’ written notice by email, SMS or via an electronic communication
          within our Platforms.
    3. We may discontinue licensing any of the App Content at any time at
       our sole discretion. In this instance you will be able to continue to
       use our Apps with the App Content, but it will no longer be available on
       app stores and will no longer be supported by us.
    4. You can terminate these Terms by ceasing to use our Platforms, deleting or uninstalling and deleting or uninstalling our Apps
       from your device. If you purchase Subscription as specified in paragraph 22, you should also cancel your Subscription directly.
    5. Upon termination for any reason:
       1. (a) all rights granted to you under these Terms cease (however, any
          liabilities incurred by you under these Terms prior shall survive any
          such termination);
       2. (b) you must cease all activities authorised by these Terms; and
       3. (c) you must delete or remove our Apps from your device.
22. USAGE RESTRICTIONS
    1. Use of Platforms is limited to users aged 13 years and above, except in European Economic Area (“EEA”), where the services are limited to users aged 16 years and above. To make a purchase via Platforms (described in the paragraph titled “Subscriptions” below), you must be 18 years or older and capable of forming a binding contract.
23. SUBSCRIPTIONS
    1. Free or paid trial.
       We may offer a free or paid (for a small payment) trial subscription for service. Unless you cancel at least 24 hours before the end of the trial, you will be automatically charged a price indicated on the payment screen or/and Apple’s/Google’s payment pop-up screen for a chosen subscription period. Please note that if a trial is offered, this will be explicitly stated on the price screen before the checkout. If this is not the case, you will purchase our subscription without a trial.
    2. Subscription.
       The Subscription renews automatically for the same period at the end of each Subscription period ( (each week, month, 6 months, year, or otherwise, depending on the option selected by you at the time of purchase) at the cost of the chosen package. Your Account will be charged for the renewed Subscription within 24 hours prior to the end of the current Subscription. If You cancel automatic renewal within the last 24 hours of the Subscription, such cancellation will take effect at the end of the new Subscription.
    3. Payment method.
       Payment will be charged to the payment method you submitted at the time of purchase at confirmation of purchase (after you confirm by single-touch identification, facial recognition, or entering your payment method details on the web, or otherwise accepting subscription terms provided on the payment screen or on the pop-up screen provided by Apple/Google or on our web page) or after the end of the trial period. You authorize us to charge the applicable subscription fees to the payment method that you use.
    4. Cancelation.
       Your subscription renews automatically at the end of each period until you cancel. You must cancel your Subscription before it renews to avoid the billing of the fees for the next Subscription period.
       • if You purchased the Subscription or enabled trial on the App Store, please, change subscription settings of Your Account. Learn more about managing subscriptions (and how to cancel them) on Apple support page.
       • if You purchased the Subscription or enabled trial on Google Play, please, change subscription settings of Your Account. Learn more about managing subscriptions (and how to cancel them) on Google’s support page.
       • if you purchased a subscription or enabled trial on our websites: please, contact us by email at [email protected].If You uninstall the App, Your Subscription will not stop automatically. You must cancel automatic renewal of Your Subscription in order not to be charged with the cost of the new Subscription.
    5. Refunds.
       If you purchased a subscription or enabled trial on App Store: If you are eligible for a refund, you’ll have to request it directly from Apple. To request a refund, follow these instructions from the Apple support page.
       If you purchased a subscription or enabled trial on Google Play: If you are eligible for a refund, you’ll have to request it directly from Google. To request a refund, follow these instructions from the Google’s support page.
       If you purchased a subscription or enabled trial on our websites: We provide refunds at our own discretion and subject to laws and our policies that may be published from time to time. Refund will be provided if we find the request acceptable.
       Please note that after your subscription period expires, we will not be able to refund you as the service will be deemed consumed in full, unless otherwise provided for by applicable law.
    6. Changes.
       To the maximum extent permitted by applicable laws, we may change subscription fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the app and/or by sending you an email notification, or in other prominent ways. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect.
       If you have any questions in relation to the subscription terms, please contact us via [email protected].
24. GENERAL
    1. This agreement does not give rise to any rights under the Contracts
       (Rights of Third Parties) Act 1999 to allow anyone other than you or us
       to enforce any term of these Terms or of the Privacy Policy.
    2. Even if we delay in enforcing this contract, we can still enforce it
       later. If we do not insist immediately that you do anything you are
       required to do under these Terms, or if we delay in taking steps against
       you in respect of your breaking this contract, that will not mean that
       you do not have to do those things and it will not prevent us taking
       steps against you at a later date.
    3. These Terms are governed by laws of the Republic of Cyprus (including non-contractual disputes or claims) and legal proceedings in respect of these Terms and our Platforms shall be dealt with exclusively by the courts of Cyprus.
    4. If any provision of these Terms and Conditions is deemed invalid by a
       court of competent jurisdiction, the relevant provision shall be deemed
       modified to the minimum extent necessary to make it valid, and the
       invalidity of such provision will not affect the validity of the
       remaining provisions of these Terms and Conditions which will remain in
       full force and effect.
    5. Without prejudice to any other rights or remedies that we may have,
       you acknowledge and agree that damages alone would not be an adequate
       remedy for any breach of these Terms by you. Accordingly, we shall be
       entitled to the remedies of injunction, specific performance or other
       equitable relief for any threatened or actual breach of these Terms.