Tod.life
Terms of Use12th of October,
2022The terms of this agreement (“Terms of use”), including by reference
Privacy Policy, Cookie Policy and other
policies, as the case may be, govern the
relationships between you and ITSOUL TECHNOLOGIES LIMITED
(hereinafter also referred
to as “Company”, “we”, “us”) regarding your use of our website, applications and
related
services (the “Service”) including all information, text, graphics, software, and
services, available for your use. By
reaching or using the Service, which may include,
but is not limited to, browsing or using the website,
downloading and/or using the
applications you accept the following Terms of use. If you do NOT agree to all
these
Terms of use, please do NOT use our Service.
We are authorized to amend the Terms of use
at any time, with the amended Terms of Use effective as soon as
they are posted on this
website and/or in the application. Please check the most current Terms of use to
ensure
that you are aware of all the terms and conditions regulating your use of our
Service.
We reserve the right to make changes to or update the content of the website and
our applications or the format
thereof at any time and without any notice. We reserve the
right to terminate or restrict access to the website for
any reason whatsoever at our
sole discretion.
BY CONTINUING TO USE OUR SERVICE YOU REPRESENT AND WARRANT THAT YOU ARE
AT LEAST OF
18 YEARS OF AGE AND MAY LEGALLY AGREE TO THIS AGREEMENT. THE COMPANY ASSUMES
NO
RESPONSIBILITY OR LIABILITY FOR ANY MISREPRESENTATION OF YOUR AGE.
WARRANTIES AND
DISCLAIMERS
ALL INFORMATION, SOFTWARE AND/OR SERVICES CONTAINED OR PROVIDED VIA WEBSITE
OR
APPLICATION ARE PROVIDED “AS IS”. WE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY
KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE MAKE NO
WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE,
ACCURACY, TIMELINESS,
OR COMPLETENESS OF OUR INFORMATION, SOFTWARE AND/OR SERVICES.
WE MAKE NO WARRANTY,
REPRESENTATION, OR GUARANTY THAT ANY INFORMATION, SOFTWARE
AND/OR SERVICES BE
UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED
OR THAT SERVICE IS FREE
OF VIRUS OR OTHER HARMFUL COMPONENTS.
WE ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS
OF ANY KIND IN INFORMATION,
SOFTWARE AND/OR SERVICES.
WE MAKE NO REPRESENTATION OR
WARRANTY, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF
YOUR USE OF THE SERVICE, NOR SHALL
ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH
US HAVE AUTHORITY TO MAKE ANY SUCH
REPRESENTATION OR WARRANTY. THE SERVICE IS VOID
WHERE PROHIBITED OR RESTRICTED BY
APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO CASE SHALL ITSOUL TECHNOLOGIES LIMITED
BE HELD LIABLE FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, PUNITIVE, SPECIAL, OR
INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
THOSE RESULTING FROM A LOSS OF
BUSINESS, DATA, OR REVENUE; RELIANCE ON THE MATERIALS
PRESENTED; DELAYS; OR BUSINESS
INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF ANY ITS
INFORMATION, SOFTWARE AND/OR SERVICES REGARDLESS OF
WHETHER ITSOUL TECHNOLOGIES LIMITED
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
REACHING OR USING ANY OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
ARE SOLELY RESPONSIBLE FOR
ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER
HARM THAT RESULTS FROM SUCH
ACTIVITIES.
WE DO NOT INTEND TO OFFER THE SERVICE IN PROHIBITED JURISDICTIONS. IF YOU ARE
LOCATED
IN A PROHIBITED JURISDICTION, YOU MAY NOT USE THE SERVICE, EVEN IF IT IS
ACCESSIBLE ON
YOUR DEVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LEGAL CONSEQUENCES OF
USING THE
SERVICE IN A PROHIBITED JURISDICTION.
SERVICE
This Terms of Use
(including, but not limited to, Privacy Policy and Cookie Policy) is a binding
agreement
between Us and You regarding the use of Service:
1) Website, which means
https://tods.life,
2) Application, which means Tods.life application available through
mobile web or mobile app stores (such
as App Store, Google Play).
Tod.life is a
remotely controlled, not programmed amusement skill-based game, commonly known as a claw
or
crane game, which allows users to pick up a prize in the machine physically located in
any location defined by us.
BECOMING A USER
Becoming a user of our Service is free
and does not require any registration. However, if you decide not to
register, you will
be restricted from access to the particular products, resources and/or features of our
Service.
For registration you should follow the instructions provided via our
registration form.
When you register for an Tod.life account, you undertake to provide
truthful, accurate and complete information
about you and maintain such information
updated. You may have only one account for the Service. If you have
more than one account
and/or you have provided untrue, inaccurate or incomplete information about you, all
of
your accounts may be suspended or terminated without any notice and any prize being
processed for any of your
accounts may be cancelled consequently.
It is your
responsibility to maintain your registration data (e.g., login and password) confidential
and we cannot be
held liable for any damages caused by any third party using your
registration data regardless of whether we knew
or should have known of such use. If you
believe that your registration data was compromised, you should
immediately change your
password. You are not allowed to assign or transfer your account to any third party.
We
reserve the right to terminate your account if we find out that you infringe this Terms of
use or any of our
legitimate rights and interest or those of third parties. If your
account is terminated you may lose any data, in-
game currency and virtual goods
associated with your account. We reserve the right to refuse to maintain
account for or
provide any Service to anyone at our sole discretion.
You understand and consent to the
fact that we may publicly display your username, profile picture (if any), game
records
and prizes, and to use this information for promotional purposes without any notice at any
time at our
sole discretion.
MINORS
Our Service is not intended to be used by
children under 18 years of age. If we believe that you are under 18
years of age, we
reserve the right to terminate your account and/or restrict your access to our Service. We
do not
carry out any children-oriented activities or incentives and do not appeal to
children with any of our marketing or
promotional activities. We rely on parents or legal
guardians to control their children and make our best efforts to
prevent children from
using our Services.
CREDIT CARDS AND PAYMENTS
You may be required to specify valid
credit card information for use of certain content or features of Service. You
shall
maintain the credit card information updated. Any charges associated with use of Service
will be billed to
that credit card. You undertake to pay any such charge that may arise
in connection with your use of the Service.
For the processing of payments, we may use
third-parties’ solutions, therefore, you may be required to accept the
corresponding
third party’s terms of use and privacy policy which will govern your use of the respective
service.
In-game currency
To use the service, you may need an in-game currency,
hereinafter referred to as “coins” and “super-coins”.
Coins cannot be bought. The only
way to get coins is to earn. You can earn coins in different ways:
- for the active use
of the application (it is charged to users for various activities);
- for the performance
of tasks - rewarded and offers offers, the execution of which is estimated at a specific
cost.
After receiving the coins, they are credited to the game balance.Coins cannot be
exchanged for real money,
exchanged or sold, they must be used only for using the
service.Used coins are non-refundable regardless of the
termination of the use of the
service. Super-coins are a currency that can be bought by the user with money.
After
buying super - coins are credited to your balance. Super Coins cannot be exchanged for real
money,
traded or sold, and must only be used to use the Service. Used super-coins are
non-refundable regardless of the
termination of the use of the Service.
You hereby
acknowledge and agree that once the Coins and Super Coins have been spent, the transaction
is
final and you may not make any complaints or claims in relation to it. We reserve the
right to manage, control,
change or cancel coins and super coins or the way they are used
at any time in our sole discretion without any
notice. The Service, including but not
limited to prizes, may be discontinued or changed by us at our sole
discretion without
any notice. Coins and super - coins can only be held by residents of those countries or
states
where the use of the Service is allowed.
You acknowledge and agree that your
coins and super coins, information or data, including prizes, are subject to
permanent
deletion if any of the following events occur:
● Your account has expired, deleted or
terminated;
● The app or any of its data is removed from your device.
In the case
of a Claim, any purchases (including the purchase of Super Coins) made accidentally and/or
not
authorized must be processed through the App Store provider (e.g. Apple, Google,
etc.) and any return or
cancellation request must be handled through the resolution
center of the respective app store provider in
accordance with their terms and
conditions.
In the case of the web version, any purchases made by accident and/or not
authorized will be processed through
corp@tod.lifeIf you have unused super coins on your
balance, you can submit a written request for their withdrawal within
fourteen days from
the date of their purchase by e-mail corp@tod.life. The request can only be sent in relation
to
those super coins that were purchased and not received in any other way (for example,
as a prize or promotion).
We aim to process withdrawals within five business days of
receiving your request, however this may be
extended due to workload. Refunds will be
made through the same payment method you used to make the
purchase.
LICENSE AND
RESTRICTIONS OF USE
Subject to your compliance with these Terms of use we grant you a
personal, non-exclusive, non-transferable,
non-sublicensable, revocable and limited
license to use the Application. Your use of Application shall be solely for
your own
private, non-commercial purpose. If for any reason the effect of these Terms of use (as may
be
amended) is expired or terminated the license contained herein shall be deemed
terminated as well. If the
Service or any part of it under the laws of the country or
state you reside becomes illegal, you shall not be
granted with the license contained
herein and you must refrain from the use of Service immediately.
All objects placed in
our Service, including design elements, text, graphic images, illustrations, videos,
scripts,
software, music, sounds and other objects and their collections (together
“Content”) that constitute intellectual
property of ITSOUL TECHNOLOGIES LIMITED or
its suppliers, licensors or partners and protected by
copyright law. When using Service,
you do not obtain any title in Service or Content in whole or in part.
You hereby
expressly agree that you will not do any of the following prohibited acts:
● copy
(reproduce), process, distribute, display in the frame, publish, download, transfer, sell
or
otherwise use in full or in part the Content except as permitted by these Terms of
use;
● attempt, permit, assist or act to decompile, reverse-engineer, disassemble or
otherwise reduce
the Service in whole or in part;
● use or deploy any program, method,
system, mean or device that place unreasonable
load on or modify the Service;
● obtain
or attempt to obtain any users’ data;
● interrupt, harass, disturb, upload or place
viruses, worms or Trojan horse or any other
malicious software within the Service;
●
cheat, use any automated means for obtaining prizes from the Service;
● email, post or
upload or otherwise transmit any material that is unlawful, harmful,
abusive,
threatening, tortuous, defamatory, obscene, vulgar, libellous, invasive of
another's privacy, hateful, or racially,
ethnically or otherwise
objectionable;
● upload, post, transmit or otherwise email any unsolicited or
unauthorized promotional materials
or advertisements;
● use, promote, facilitate or
instruct others to use the Service for any illegal or immoral
purpose.
USER
GENERATED CONTENT
You grant ITSOUL TECHNOLOGIES LIMITED a non-exclusive right to use
on a free of charge basis any
content you may upload or publish through the Service and
which lawfully belongs to you for the period of
placement of such content through the
territory of the whole world. We reserve the right to transfer these rights
described in
this clause to the third parties.
You are solely responsible for your content. We may,
but have no obligation to, monitor, edit, block or remove
your content at any time for
any reason at our sole discretion.
THIRD-PARTIES SERVICES AND LINKS
The Service
contains (or may contain) links to other web-sites, services or products (Third- Parties’
Services) as
well as articles, photos, illustrations, graphic images, music, sound,
video, information, applications, software and
other content belonging to or originating
from third parties (Third-Parties’ Content), which is the result of
intellectual activity
and is protected by the respective copyright laws. We do not check such
Third-Parties’
Services and/or Third-Parties’ Content and do not bear any liability with
respect thereto. If you leave the Service
for any Third- Parties’ Services, you
acknowledge that you do it at your sole discretion and risk you expressly
disclaim all
liability of the Company with respect thereto.
We do not endorse nor are responsible for
the accuracy or reliability of any opinion, advice or statement made
throughout the
Service unless it is made by the Company’s official representative.
PRIZES
By
using the Application, you can claim a prize using your skills, however we make no
guarantees with respect
to any prize other than arranging delivery as described below.
Prizes are third party products and are not under
our control or responsibility. We are
not responsible for prizes, including quality, defects, color, image
variations,
including any claim under product liability laws.
We will ship the prizes
to the address you provide, subject to payment of all applicable shipping and
handling
fees. As such, you acknowledge and warrant that you will pay any applicable
shipping and handling fees, which
may vary based on your location and will be quoted in
accordance with applicable third party courier services
after you have requested
delivery; this may include the purchase of supercoins to pay associated fees. We
reserve
the right, in our sole discretion, to provide you with free shipping as part of our
promotional campaigns,
as the case may be. We aim to deliver your prizes within ten weeks
and make every reasonable effort to ship
your prizes on time, however shipping services
are provided by third parties so we cannot guarantee exact
delivery times. In the event
of a large or unusual number of shipments, the delivery of your prize may be
delayed.
Shipping insurance is not provided.
For the avoidance of any doubt, if you receive more
than one prize in a single use of the Service, you will only be
eligible to receive one
prize. Any prize you receive through the Service must be claimed by you within
thirty
days. After this thirty day period, you are not eligible to claim the prize. We
may allow you to convert your prize
into coins or super coins. You will be responsible
for any customs duties or procedures that may apply in your
country. You will be
responsible for any use tax, sales tax, value added tax or other taxes that may apply.
If
a prize is returned to us as undeliverable, we may, but are not obligated to, contact you to
attempt to arrange
reshipment. If we contact you and you do not respond promptly, the
prize will be forfeited.
If the prize you received is broken or damaged, you must contact
us at Corp@tod.life within 7 calendar days to
resolve the issue. You may be required to
return a broken or damaged prize to us at your own expense. Upon
your timely notification
and delivery of the broken or damaged prize, we will send you a new prize. In the
event
that an identical prize replacement is not possible due to the prize being out of
stock or otherwise not possible,
we will offer you an alternative prize of equal value
and ship the prize of your choice to you at our expense.
GOOGLE-PLAY CAVEAT
If you
are reaching our Services via Google Play your use of the Services may differ from that
available to other
users. In particular, we do not offer any possibility to pick up
Prizes as described above in the section “Prizes”.
You will be offered with a set of
in-game virtual assets, such as in-game currency and images which may be used
within the
Application.
PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT
We will respond
appropriately to notices alleging copyright infringement. If You are a copyright owner and
believe
that your intellectual property rights have been infringed y or in our Service,
please, notify us hereabout in writing
providing, at least, following information:
·
title of your communication being “Notice of Copyright Infringement”;
· reference to and
description of an object which you deem infringing your rights;
· URL to the object which
you deem infringing your rights;
· Statement that explains why you consider an object
infringing your rights;
· Statement that says that information provided by you is correct
and that you are the copyright
owner or authorized to act on behalf of the copyright
owner which confirmation of your authorization;
· Your address, your telephone number and
your email where you can be contacted;
· Your signature.
Your notice may be sent to
corp@tod.life. We may choose not to respond to notifications that do not meet all of
the
above requirements and may choose to remove allegedly infringing material brought to its
attention by non-
compliant notices.
GOVERNING LAW AND DISPUTES
These Terms of
use shall be governed by the laws of the Republic of Cyprus without regard to principles
of
conflict of laws. Any dispute arising from the use of the Service and/or from these
Terms of use shall be firstly
delivered to us via corp@tod.life In case the dispute is
not resolved through the negotiations within a ninety-day
period, it shall be delivered
to the competent court of the Republic of Cyprus. You hereby agree that you will
not
participate in any class action in connection with the Service or these Terms of
use.
INDEMNIFICATION
To the extent permitted by law, you are responsible for
damages incurred by us resulting from your use of the
Service. You agree to defend,
indemnify and hold harmless the Company from and against any and all claims,
damages,
costs and expenses, including attorneys’ fees, arising from or related to (i) your use of
the Service, (ii)
any breach of these Terms of use, the Privacy Policy or any other
policies posted in the Service from time to time
and (iii) any claim
that your User
Generated Content caused damage to any third party.
COMMUNICATIONS
You agree that we
can communicate with you for the purpose of informing you of upcoming events or
offers,
notifying you of changes to the Service, or for other purposes we deem
appropriate.
Any questions relating to the Service or these Terms of use shall be
delivered by you via corp@tod.life or
physically to:
38B Ampelakion, Potamos Germasogias, 4046 Limassol, Cyprus.
GENERAL
If any of the terms or conditions of these Terms of use
shall be deemed invalid, void or for any reason
unenforceable, that provision shall be
deemed severable and shall not affect the validity and enforceability of any
remaining
portion of these Terms of use.
These Terms of use, the Privacy Policy and any other
policies posted in the Service from time to time, constitute
the complete agreement
between you and us with respect to the subject matter hereof and thereof and
supersede
all prior agreements or representations between you and us.
ITSOUL TECHNOLOGIES LIMITED,
38B Ampelakion, Potamos Germasogias, Limassol 4046, Cyprus