PLAY VALLEY END-USER LICENSE AGREEMENT

1. ABOUT THESE TERMS

The terms of this End-User License Agreement ("EULA" or "Agreement") govern the relationship between You and Play Valley Limited – having its registered and business address at Christaki Kranou 20, 1st Floor, 4041 Limassol, Cyprus (which, together with its subsidiaries and affiliates, is hereon in referred to as "Play Valley" or "Us") regarding Your use of the application distributed by Play Valley that You installed, as well as any and all related updates and upgrades that replace or supplement the application in any respect (the "Application" or "App"), unless any such update or upgrade is accompanied by a separate license in which case the separate license shall govern.

The collection, use, and disclosure of Your information (including personal information) is governed by Play Valley's Privacy Policy, which is located online at https://playvalley.io/privacy-policy-games/en (''Privacy Policy'').

BY INSTALLING, USING, OR OTHERWISE ACCESSING THE APPLICATION YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA (INCLUDING ANY OF ITS SUBSEQUENT UPDATES), OR DO NOT WISH TO BE BOUND BY THEM, PLEASE DO NOT INSTALL, USE, OR OTHERWISE ACCESS THE APPLICATION. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THIS EULA AND ANY SPECIAL TERMS, THE TERMS OF THIS EULA SHALL ALWAYS PREVAIL.

IMPORTANT NOTICE FOR RESIDENTS OF THE USA: These terms are subject to binding individual arbitration and a waiver of class action, any other representative-type and mass arbitration rights as described in further detail, including how to opt-out of the waiver, in Section 15.1 below.

IMPORTANT NOTICE FOR RESIDENTS OF THE EEA: Read Section 6.1 (Waiver to the Right of Withdrawal) carefully to understand in which cases you may enact the right of withdrawal and in which cases the right of withdrawal is waived.

The main characteristics of each Application can be found in the app stores' descriptions and/or in the "How to Play" section within the Application as the case may be.

If You download the Application from any online market for software applications that operate on devices powered by the operating system (e.g. Apple App Store, Google Play) or if You play the Application online (when this is available), You acknowledge that You have reviewed and accepted the terms of service applicable to such online market, platform, or operating system ("Special Terms").

2. LICENSE

2.1. LIMITED LICENSE GRANT

Through the purchase or use of the Application, You are acquiring and Play Valley grants You a personal, revocable, limited, non-exclusive, non-sublicensable, non-transferable license to install and use the Application for Your own non-commercial use, subject to the limitations defined in this EULA. The Application is being licensed to You and You hereby acknowledge that no title or ownership of the Application is being transferred or assigned to You and this EULA is not to be construed as a sale of any rights of the Application. Your rights granted herein are subject to Your compliance with this EULA and You agree not to use the Application for any other purpose. Any commercial use is prohibited.

2.2. License Limitations

Any use of the Application in violation of these License Limitations is strictly prohibited and can result in the immediate revocation of Your Limited License and may trigger Your liability for violations of law.

Unless You have received prior written authorization from Play Valley, You agree not to:

  • use cheats, automation software, bots, hacks or any other unauthorized software designed to modify or interfere with the Application and/or any files that are part of the Application;
  • commercially exploit the Play Valley Application, its gameplay, characters, design, 2D or 3D models, artwork or any other part of the Application;
  • create derivative works of the Application;
  • access or use the Application with any technology or means other than those provided in the Application, or through other explicitly authorized means that Play Valley may designate;
  • make a copy of the Application available on a network where it could be used by multiple users;
  • register domain names, social media accounts or related addresses that include Play Valley's trademarks;
  • use the Application or related assets and/or Play Valley's trademarks on or in connection with content that (i) promotes cheats, hacks, violence, discrimination, inappropriate themes, illegal activities, or sexually explicit content; (ii) makes untrue, dishonest, disparaging, or libelous statements about Play Valley and/or its products, employees, and agents; and/or (iii) contains other objectionable content;
  • resell, copy, transfer, distribute, display, translate, or modify the Application or make derivative works of the Application or any part thereof;
  • re-use, copy, or distribute text, pictures, music, barcodes, video, data, hyperlinks, displays or any other content provided by the Application;
  • redistribute, sublicense, rent, publish, perform, sell, assign, lease, market, transfer, or otherwise make the Application available to third parties;
  • seek to disable, reverse engineer, decompile or otherwise attempt to extract the source code of the Application or any part thereof, unless this is expressly permitted or required by applicable law or by the licensing terms governing the use of any open-sourced components included within the Application;
  • delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Application;
  • use the Application when operating vehicles;
  • remove or alter Play Valley's trademarks or logos or legal notices included in the Application or related assets;
  • use the service to try to gain unauthorized access to any service, data, account or network by any means;
  • post any information that contains nudity, violence, or offensive subject matter or that contains a link to such content;
  • make an attempt to or harass, abuse, threaten, defame or otherwise infringe or violate the rights of any other party;
  • use the Application in any way that is unlawful, fraudulent, or deceptive;
  • use technology or any other means to access Play Valley's proprietary information not authorized by Play Valley;
  • use or launch any automated system to access Play Valley's website or computer systems;
  • attempt to introduce viruses or any other malicious computer code that interrupts, destroys, or limits the functionality of any computer software, hardware, or telecommunications equipment;
  • attempt to gain unauthorized access to Play Valley's computer network or user accounts;
  • encourage conduct that would constitute a criminal offense, or would give rise to civil liability; or
  • use the Application in any manner not expressly allowed in this EULA.

Play Valley reserves the right to determine in its sole discretion what kind of conduct is considered to be in violation of the terms of this EULA. Furthermore, Play Valley reserves the right to take appropriate action as a result of Your violation of the terms of this EULA, including but not limited to prohibiting You from using the Play Valley Application in whole or in part.

2.3. ALLOWABLE USES OF THE APPLICATION

USE OF THE APPLICATION AND ANY OF YOUR INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION IS LIMITED TO THE FUNCTIONALITY OF THE APPLICATION AND TO THE LIMITED LICENSE GRANT AS OUTLINED ABOVE. YOU MAY NOT OTHERWISE USE THE APPLICATION OR ANY COMPONENT OF IT, EXCEPT AS EXPRESSLY AUTHORIZED BY PLAY VALLEY IN WRITING IN ADVANCE.

3. ACCESSING AND DOWNLOADING THE APPLICATION

3.1. Accessing and downloading the Application from the Apple App Store

The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):

  • You acknowledge and agree that (i) this EULA is concluded between You and Play Valley only, and not Apple; and (ii) Play Valley, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Apple App Store Terms of Service.
  • You will use the App Store Sourced Application only (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service.
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  • In the event of any failure of any App Store Sourced Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to You and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Play Valley and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Play Valley.
  • You and Play Valley acknowledge that, as between Play Valley and Apple, Apple is not responsible for addressing any claims You have or any claims of any third party relating to the App Store Sourced Application in Your possession and use of the App Store Sourced Application, including but not limited to (i) product liability claims; (ii) any claim that an App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You and Play Valley acknowledge that, in the event of any third party claim that an App Store Sourced Application or Your possession and use of that App Store Source Application infringes that third party's intellectual property rights, as between Play Valley and Apple, Play Valley, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this EULA.
  • You and Play Valley acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this EULA and that upon Your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA.
  • By using the App Store Sourced Application You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
  • Without limiting any other terms of this EULA, You must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

4. USER CONTENT

Notwithstanding anything to the contrary stated in this EULA, You are allowed to create and use "User Content" (as defined below) in a non-modified form (exactly as produced by the Application) subject to the License Limitations (as described in Section 2.2) and Specific Rules for User Content defined herein.

Any modification of User Content created by the Application or incorporation of such User Content into other works requires explicit written approval from Play Valley. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Application or rights to use the Application. This EULA does not entitle You to receive, and does not obligate Play Valley to provide, hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application.

4.1. Limitation of Liability for User Content

Play Valley takes no responsibility and assumes no liability for any User Content that You or any other user or third party creates with the Application or shares through the Application. You shall be solely responsible for Your own User Content and the consequences of sharing or publishing it. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that You send, upload, download, stream, post, transmit, display, share or otherwise make available or access through Your use of the Application is solely Your responsibility. In connection with Your User Content and in addition to any other representations and warranties contained in this EULA, You affirm, represent, and warrant the following:

  1. You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Application and this EULA, and each such person has released You from any liability that may arise in relation to such use.
  2. Your User Content and Play Valley's use thereof as contemplated by this EULA and the Application will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights, and rights of publicity.
  3. Play Valley may exercise the rights to Your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
  4. Play Valley is not responsible for any public display or misuse of Your User Content. You understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and You agree that Play Valley shall not be liable for any damages you allege to incur as a result of such User Content.

5. ACCESS

You must provide, at Your own expense, the equipment, Internet connections, or mobile devices and/or service plans to access and use the Application. Play Valley does not guarantee that the Application is available in all geographic locations. You acknowledge that when You use the Application, Your wireless carrier may charge You fees for data, messaging, and/or other wireless access. Check with Your carrier to see if there are any such fees that apply to You. You are solely responsible for any costs You incur to access the Application from Your mobile device and/or PC device. Your right to use the Application is also predicated on Your compliance with any applicable terms of agreements You have with third parties when using the Application.

6. IN-APP PURCHASES

Although some of our Applications are free to download, all of our Applications may offer in-app purchases, including subscriptions ("In-App Purchases"). Even though our free-to-download Applications offer In-App Purchases, You can play and access all levels of said Applications and all of the features necessary to progress within said Applications without making any In-App Purchases using real money.

In-App Purchases may be made only upon entering Your app store password and You are responsible for maintaining the security of such password. Your authentication and security maintaining are subject to the specific terms of the app store and the operating system ("OS") of Your mobile device. You should be aware of the iOS' 15-minute and Android's 30-minute window after downloading an Application, during which time In-App Purchases may be made without the insertion of an app store password. You should also take into account that OS 2.1 or older versions of Android mobile phones do not require the entering of an app store account password to carry out In-App Purchases.

By completing an In-App Purchase You obtain a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual currency, virtual items, and other virtual content ("Virtual Items") within our Application. Virtual Items are not redeemable or subject to refund and cannot be traded outside of the Application for money or other items of value. Play Valley may manage, regulate, control, modify or eliminate Virtual Items and the price for Virtual Items at any time, with or without notice. Play Valley shall have no liability to You or any third party in the event that Play Valley exercises any such rights.

By signing up for a subscription, You agree that Your subscription will be automatically renewed and, unless You cancel Your subscription, You authorize us to charge Your account for the renewal term. The period of auto-renewal and the price of subscription will be the same as Your initial subscription period and price, unless otherwise disclosed to You at the time of sale. You can manage Your subscriptions in Your app store account settings. You should be aware that deleting the Application from Your device does not always result in the cancellation of Your subscription. Play Valley reserves the right to, at any time and with a prior notice to then-current subscribers, discontinue offering a certain subscription. For more detailed information on how to manage In-App Purchases, please see our Frequently Asked Question available at https://talkingtomandfriends.com/support.

All rates are in EUR currency and are subject to change and localization to the local currency, which shall be done by the app store from which You downloaded the App, meaning that the prices may vary plus/minus 15%. You should always check the prices in the Application to get the real values of the Virtual Items You want to buy in Your territory.

In-App Purchases are subject to the payment terms and conditions of the mobile platform (e.g. iOS Platform, Android Platform, etc.) from which You make Your purchase. Play Valley does not control or manage the payment process. Please review the relevant terms and conditions of the applicable platform provider before making any In-App Purchases.

ALL PURCHASES ARE FINAL. YOU HEREBY ACKNOWLEDGE THAT PLAY VALLEY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS/SUBSCRIPTIONS WHEN AN APP STORE ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

6.1. Waiver to the Right of Withdrawal

For residents of the EEA:

You hereby acknowledge that once you make an In-App Purchase, Play Valley provides You with immediate license to access and perform the Virtual Items, without having to wait for the 14-day withdrawal period. This means that an In-App Purchase is completed in real time once our servers validate the purchase and You immediately receive the Virtual Items in the Application. Purchased content will therefore be delivered to You before the withdrawal period ends and you thereby lose and you waive your right of withdrawal from In-App Purchases for which we cannot reinstate the progress in the Application as it was before the In-App Purchase (eg. consumable items). For clarification, you can still enact your right of withdrawal in 14 days from the In-App Purchase for Virtual Items which (i) were not consumed and (ii) we can reinstate the progress in the Application as it was before the In-App Purchase, if app stores rules allow us to reimburse you. Note that the right of withdrawal does not apply to renewals of existing subscriptions. Note that Play Valley may not be able to fulfill your request to withdraw from an In-App Purchase in cases where Play Valley is not a merchant of record.

You can withdraw from the purchase of a license to a Virtual Item or from a subscription by contacting the merchant or record (ie. a third-party retailer through whom you made a purchase) or to us via email at [email protected] or through in-app support.

NOTE that all In-App Purchases are made through a third-party retailer (eg. Google Play Store, Apple App Store) and not directly by us. We****recommend contacting app stores directly on your options to withdraw from the purchase.

7. TERM AND TERMINATION

The term of this EULA shall commence on the date You install or otherwise use the Application and shall end on the earlier of the date of Your disposal of the Application or Play Valley's termination of this EULA. You may terminate this EULA by uninstalling the Application.

Uninstalling the Application does not result in a refund of the amount paid for the Application or any In-app Purchases. Play Valley reserves the right, using its sole discretion, to terminate this EULA, or request that You remove the Application from Your device for any reason, including but not limited to Play Valley's reasonable conclusion that You have violated this EULA. Promptly upon termination, You must cease all use of the Application and destroy all copies of the Application in Your possession or control.

Termination will not limit any of Play Valley's other rights or remedies at law or in equity. If any of the platforms disable the ability to use the Application on Your device pursuant to Your agreement with such platform, any associated license rights with Play Valley will terminate as well.

8. RESERVATION OF RIGHTS

You have obtained a license to the Application and Your rights are subject to this EULA. Except as expressly licensed to You herein, Play Valley reserves all rights, titles, and interests in the Application. This license is limited to the intellectual property rights of Play Valley and does not include any rights to other patents or intellectual property.

Play Valley retains all rights, titles, and interests in and to the Play Valley Intellectual Property Rights, as defined below, whether registered or not, and all Applications thereof, except of the copyright of the third-party technology. The Play Valley software is protected by applicable laws and treaties throughout the world.

For the purposes of this EULA, "Intellectual Property Rights" means all patent rights, trade names, proprietary rights, copyright rights, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

9. THIRD-PARTY CONTENT

9.1. Third-party Technology

One or all Applications use third-party technologies, whereas such third-party technologies may be subject to commercial licenses ("Commercial Third-Party Technology") or to open-source software licenses ("Open-Source Components").

The following list includes only those Commercial Third-Party Technologies that require such disclosure in accordance with their license:

• NGUI: Some of our Applications use the NGUI library licensed under the NGUI Site License: https://www.tasharen.com/?page_id=140.

• Unity: For some Applications we use Unity Software to develop such Applications and by using such Applications You agree to be bound by the Unity Terms of Service available at https://unity3d.com/legal/terms-of-service.

The list of Open-Source Components is available at https://playvalley.io/credits/ . Please see the licensing terms governing the use of the Open Source Components here: https://playvalley.io/credits/.

To the extent there is conflict between the license terms covering the Open-Source Components and this EULA, the terms of such licenses will apply in lieu of the terms of this EULA. To the extent that the terms of the licenses, applicable to Open-Source Components, prohibit any of the restrictions in this EULA with respect to such Open-Source Component, such restrictions will not apply to such Open-Source Component. To the extent that the terms of the licenses applicable to Open-Source Components require to make available the source or object form of the Open-Source Component or any modifications to it, You may obtain it here:https://playvalley.io/credits/. You can also obtain it by contacting us at: [email protected].

Below You can obtain the following Open-Source Components:

9.2. Third-party Content and Functions

Some content and functions available via the Application may include materials from third parties. Play Valley may integrate third-party content and provide links to third-party websites as a convenience to You. You agree that Play Valley is not responsible for examining or evaluating the content or accuracy of such and Play Valley does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that You will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Play Valley is not in any way responsible for any such use by You.

One or all Play Valley Applications use the following third-party content, whereas the following list includes only such third-party content that requires such disclosure in accordance with their license:

9.3. Third-party Ad-serving Technology

Each Application may incorporate third-party dynamic in-game advertisement-serving technology, which enables advertising to be temporarily uploaded into the Application on Your mobile device and/or Your PC and replaced while You are online. When You use the Application, we or third parties operating the advertisement-serving technology may collect and use the information as specified in the Privacy Policy. Play Valley has partnered with third-party advertising providers (as specified in the Privacy Policy) and each Application might use one or more of them simultaneously.

10. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU "AS IS", WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. PLAY VALLEY AND PLAY VALLEY'S LICENSORS (COLLECTIVELY "PLAY VALLEY" FOR PURPOSES OF THIS SECTION AND SECTION 11) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

PLAY VALLEY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES.

NO ORAL OR WRITTEN ADVICE PROVIDED BY PLAY VALLEY OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL PLAY VALLEY, ITS SUBSIDIARIES OR ITS AFFILIATES AND ITS LICENSORS BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT PLAY VALLEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER OR NOT REPAIR, REPLACEMENT, OR A REFUND (IF AWARDED AT OUR SOLE DISCRETION) FOR THE APPLICATION DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES.

SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall Play Valley's total liability to You for all damages (except as required by applicable law) exceed the amount actually paid by You for the Application. THIS LIMITATION APPLIES, BUT IT IS NOT LIMITED TO ANYTHING RELATED TO THE APPLICATION, SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE APPLICATION. You agree that the provisions in this EULA that limit liability are essential terms of this EULA.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Play Valley and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from Your use or misuse of the Application, violation of the EULA, or violation of any rights of a third party. Play Valley reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defenses.

13. INJUNCTIVE RELIEF

You agree that a breach of this EULA will cause irreparable injury to Play Valley for which monetary damages would not be an adequate remedy and Play Valley shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

14. GOVERNING LAW

This Agreement and all disputes or controversies arising out of or relating to this Agreement shall be governed by, and construed in accordance with, the laws of England and Wales, if You use the Application in the EU, excluding its conflict of laws rules, or in accordance with the laws of the State of California, excluding its conflict of laws rules, if You use the Application anywhere else in the world.

15. DISPUTE RESOLUTION, CLASS ACTION WAIVER, ARBITRATION

READ THIS SECTION CAREFULLY. IT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY. YOU MAY OPT OUT OF THESE CLASS ACTION AND MASS ARBITRATION WAIVER PROVISIONS BY FOLLOWING THE STEPS BELOW. IF YOU DO NOT OPT OUT, THESE TERMS WILL APPLY TO ALL CLAIMS YOU MAY POSSESS.

15.1. Informal dispute resolution

Your experience with our apps is very important to us, and we will take every reasonable effort to resolve any concerns that you have with Play Valley. In order to do so, contact us at [email protected] and we will try to find a solution in good faith and in no later than in 60 days from the day the contact was initiated as part of the informal dispute resolution ("IDR"). If the efforts for IDR fail, You agree that any claim, dispute, or controversy You may have against Play Valley arising out of, relating to, or connected in any way with this Agreement and/or the Application, shall be resolved exclusively by final and binding individual arbitration, as defined in this Section 15.

The IDR process is not applicable to any dispute or disagreement involving a claim that asserts infringement of patent, copyright, trademark, or trade secret rights.

15.2. Dispute resolution for residents of the United States of America

15.2.1. Class Action, Representative-type Action and Mass Arbitration Waiver

You and we both agree that any arbitration or court proceeding shall be conducted in each of our individual capacities only (as described in Section 15.2.2 below), and not as a class action, any other representative action or mass (class-wide) arbitration, and both parties expressly waive their right to file a class action or seek relief on a class basis. This means You cannot bring a claim against Play Valley as a plaintiff or class member in a class action, any other collective or representative action in a trial before the judge or jury, or mass arbitration. The sole exception to this waiver shall be as described below in Section 15.2.3 (Opting out of waiver). The arbitration provider or arbitrator may not consolidate any claims with any other person's claims unless Play Valley agrees that the claims may be consolidated.

If any court or arbitrator determines that the waiver set forth in the first paragraph of this section is void or unenforceable for any reason as to a claim, or that an arbitration can proceed on a class or representative basis as to a claim, then the first paragraph of Section 15.2.1 (Class Action, Representative-type Action and Mass Arbitration Waiver) shall be deemed null and void in its entirety as to that claim, notwithstanding any non-severability clause to the contrary.

15.2.2. Binding individual arbitration

To the fullest extent permitted by law, You and we agree to submit any disagreements or disputes to an individual, binding arbitration. We both agree that: (a) any such arbitration shall be administered by the American Arbitration Association (the "AAA") and conducted before a single arbitrator pursuant to the applicable rules and procedures established by the AAA (the "AAA Rules and Procedures"); (b) the arbitration shall be held at a location determined by the AAA pursuant to the AAA Rules and Procedures (provided that such location is reasonably convenient for You), or at such other location as may be mutually agreed upon by You and Play Valley; (c) the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (d) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Your and/or Play Valley's individual claims, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated, except as otherwise set forth in Section 15.2 of this Agreement; (e) in the event that You are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Play Valley will pay as much of Your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; (f) all arbitration submissions, communications, and proceedings shall be made or conducted in English; and (g) with the exception of clause (d) above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the AAA Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

15.2.3. Opting out of waiver

If You are a new player of our Apps, You may opt out of class action, any other representative action in a trial before the judge or jury and mass arbitration waiver by sending us a personally signed notice to [email protected], which must include Your name, address, user ID ("UID"), date on which You first entered our apps and a clear statement You opt out of the class action, any other representative action in a trial before the judge or jury and mass arbitration waiver within 30 days of You first accessing.

If You do not know where to find Your UID, contact us at [email protected] and let us know which of the apps You are playing, and we will send You the instructions.

15.2.4. Mass arbitration

This section only applies if the first paragraph of Section 15.2.1 (Class Action, Representative-type Action and Mass Arbitration Waiver) of this EULA is found to be null and void, or the conditions set out in the below paragraph are met.

If 50 or more demands for arbitration by players who have unsuccessfully tried the IDR, and opted-out of class action, any other representative action in a trial before the judge or jury and mass arbitration waiver as set out in Section 15.2.3 (Opting out of waiver) are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, You and Play Valley agree that this constitutes a "Mass Arbitration".

If Mass Arbitration is commenced, You and Play Valley agree that: (a) it will be administered by Federal Arbitration, Inc. ("FedArb") by one arbitrator under the rules as agreed to by the parties involved in the procedure in good faith; if we fail to agree on the arbitrator, selection of an arbitrator will proceed as per the selected rules; (b) the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law, (c) a hearing may be done via videoconference unless the arbitrator finds good cause to hold it in person, and any in-person hearing will take place in a country and city as chosen by the parties in good faith, otherwise the arbitrator shall appoint a place of in-person hearing, (d) the arbitrator rules on all arbitrability issues, including scope, validity and enforceability of Section 15.2 (Dispute resolution for residents of the United States of America), except that a court has exclusive authority: (i) to decide whether the parties have complied with the pre-arbitration requirements (including trying to solve the dispute prior to initializing the arbitration proceeding, opting out of class action, representative-type action in a trial before the judge or jury and mass arbitration waiver); (ii) to enforce the prohibition on class, representative, private attorney-general, or combined actions or proceedings, or on public injunctive relief in arbitration; and (iii) to enjoin an arbitration from proceeding if it does not comply with this Section 15.2 (Dispute resolution for residents of the United States of America), (e) the arbitrator may award declaratory or injunctive relief only to You individually to satisfy your individual claim, but not relief that would affect non-parties. If a mass arbitration procedure is started, You will be required to pay the initial filing fee. Any other fee or expense charged by FedArb will be paid by Play Valley unless decided otherwise by the arbitrator. Further, if FedArb determines You are unable to pay any part of the filing fee, Play Valley will cover the cost. You and Play Valley are otherwise responsible each for their own costs and attorney's fees. If the arbitrator finds that either the substance of the claim or the relief sought is frivolous or brought for an improper purpose, the parties agree that the arbitrator may order the losing party to reimburse the prevailing party for all arbitration fees, including reasonable attorneys' fees and costs. Further, in cases where a statute authorizes the award of attorneys' fees or costs to the prevailing party, the arbitrator may award attorneys' fees or costs pursuant to that statute.

15.3. For residents of any country other than the United States of America

You and we agree that: (a) any such arbitration shall be administered by the International Chamber of Commerce (the "ICC") and conducted before a single arbitrator pursuant to the Rules of Arbitration of the ICC (the "ICC Rules of Arbitration"); (b) the arbitration shall be held in London, England, or at such other location as may be mutually agreed upon by You and Play Valley; (c) the arbitrator shall apply California law consistent with the ICC Rules of Arbitration and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (d) all arbitration submissions, communications, and proceedings shall be made or conducted in English; and (e) if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the ICC Rules of Arbitration, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

16. FINAL PROVISIONS

16.1. Eligibility

Any person who uses the Application represents to Play Valley that they are at least the age of majority under applicable law, or if under the age of majority that they are either an emancipated minor, or possess the legal consent of a parent or legal guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

16.2. Severability and Survival

If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term, and all other provisions of this EULA shall continue in full force and effect.

16.3. Entire Agreement

This Agreement constitutes the entire agreement between You and Play Valley with respect to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless made in writing and signed by Play Valley. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this EULA, any applicable purchase, or other terms, the terms of this EULA shall govern.

16.4. Language

The original version of this EULA is written in English. Any translation of this EULA into any other language is done for local requirements and in the event of a dispute, inconsistency, or discrepancy between the English and any non-English version, the English version of this EULA shall govern, to the extent not prohibited by local law in Your jurisdiction.

16.5. Third-party terms and conditions

Our Applications may contain links to third-party websites, products, or services. Please note that while using such third-party offerings, you are using sites, products, and services developed and administered by people or companies not affiliated with or controlled by us. We cannot control the actions of those people or companies, the content of their sites, products or services, the use of information you provide to them, or any products or services they may offer. Our link to such third parties does not constitute our sponsorship of, or affiliation with, those people or companies. Nor is such linking an endorsement of such third-party's privacy or information security policies and practices, or their compliance with laws. Information collected by third parties, which may include such things as location information or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of third parties with which you interact.

16.6. Export

You agree to abide by Cyprus, U.S., EU and other applicable export control laws and agree not to transfer the Application to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that You are not a person with whom Play Valley is prohibited from transacting business under applicable law.

16.7. Changes

We will occasionally update this EULA as necessary to protect our users, furnish current information, and respond to legal and technical changes. The most current version of the EULA will govern Your use of our Application and will be available at https://playvalley.io/eula/en . Please check this webpage regularly for any changes. We reserve the right to change this EULA at any time by posting the amended version of EULA at the above-mentioned address and notifying users in the app. Your usage of the Application after the changes are integrated will constitute Your acceptance of the changes.

16.8. Contact Information

Should You wish to contact Play Valley with any questions, complaints, or claims with respect to the Application, You should contact us at [email protected].

16.9. Transfer of Title for the Sale of an Application

To the extent that applicable legislation allows the parties to a transaction to agree on where title passes for sales of property, You agree that title for the sale of the Application (software sold by electronic download) passes where Play Valley is domiciled.

PLAY VALLEY LIMITED, LAST UPDATED 13/08/2025