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MISTPLAY TERMS OF USE
English
LAST UPDATED: JULY 15th, 2026
Welcome to MISTPLAY. These terms of use (“Agreement” or these “Terms”) govern your access and use of products and services offered by Mistplay Inc. (“Mistplay,” “we,” “us” or “our”) doing business as Mistplay or 481 Studios including: websites, mobile applications, progressive web applications, content, features, digital events, referral programs, promotions or products we create or operate (the “Services”), iincluding, but not limited to, the MISTPLAY for iPhone, Mistplay for Android, and Bonuzz for Android reward applications offered directly to consumers, LoyaltyPlay services, and any other branded application or service operated by Mistplay (collectively, the "Rewarded Applications"). If you are a resident of Canada, the European Union, United Kingdom, or the Republic of Korea, additional terms may apply to you as set forth in the applicable Local Addendum to these Terms. If you are a user of the LoyaltyPlay Service, please refer to the additional Service-Specific Terms found in Section 16 of these Terms. Unless stated otherwise in a Service-Specific Terms or a Local Addendum, all terms found herein apply to all Services. Where Service-Specific Terms or a Local Addendum apply to you, the terms of the Addendum shall also apply to you and shall control to the extent there is a conflict with these General Terms of Use.
SUMMARY OF KEY TERMS
You may not use or access the Services or submit personal information to Mistplay if: 1) you do not agree with all of these terms, or 2) if you are a user under 18 years of age.
MINORS UNDER 18 YEARS OF AGE ARE NOT ALLOWED TO USE THE SERVICES.
If you are domiciled in and/or acquired and use the Services in the U.S., these Terms include an arbitration agreement and class action waiver that apply to all claims brought against Mistplay. If relevant to you under local laws, this agreement requires the parties to arbitrate disputes on an individual basis, and you waive your right to bring any action on a class basis. These limitations may limit your right to bring claims in court, before a jury, or as part of a class action. Arbitration will be held in New York, New York, USA, under the laws of New York State and the United States. To the extent that this is not a convenient forum, the parties may agree to a convenient location or arrange for remote arbitration.
Mistplay promotes the games of third party developers (“Game Partners”) to you in the Services. To operate the Services including our ability to generate revenues and fund your rewards, to reward your engagement, present you with personalized content and promotions, personalized game recommendation, improve the Services, and secure our platform, we need to collect data from your device and related software or applications when you play, test, or otherwise engage in games discovered through a Mistplay Service,and related interactions with the Mistplay Service (“Gameplay Data” as further detailed in Mistplay User Privacy Notice). This includes collection and process of data related to your game selections, your game progression, active play time in a game, game time played, in-game purchase and in-game advertising data, and your completion of tasks, surveys, and engagement in programs or promotions that Mistplay makes available to you through the Services. Mistplay may also receive certain Gameplay Data from Game Partners, including information regarding your in-game purchases and your view of in-game advertisements.
When you use the Services and engage with games, tasks, programs, sweepstakes, surveys, or other promotions made available to you, you are directing us to collect this Gameplay Data and directing Game Partners to share Gameplay Data with us so that we can reward you for your engagement and operate our loyalty rewards program. You may be able to limit data collected and used by Mistplay through device settings or otherwise, but this may result in Mistplay’s inability to track your Gameplay Data. As a result, Mistplay would not able to calculate your reward units, and you will not be able to earn units to be redeemed for rewards.
Sweepstakes and promotions are governed by their own terms and conditions to be accepted upon participation. In case of conflict, specific sweepstakes and promotional terms and conditions will prevail over those herein.
Our Services include a rewards program that is defined, managed, and operated by Mistplay (the “Rewards Program”). Your participation in the Rewards Program may enable you to earn Mistplay loyalty points (“Units”) that can be redeemed for rewards (such as gift cards).The Units available to you will depend on various factors such as your preferences, the games you play, your activity in those games, your in-game purchases, your engagement with in-game advertisements, and any special offers related to particular games or to events offered by Mistplay. The amount of Units earned for certain activities and interactions in games and in-app varies per user, and is subject to change in accordance with these Terms. You can find more information on how you earn Mistplay Units in Mistplay’s Economy Disclosure HERE
We want your use of our Services to be fair for all players and fraud-free. You only earn rewards for activities relating to your playing of games you discover in our Services and for other interactions with our Services. As part of our anti-fraud program, we monitor for and ban the use of automated bots, emulators, scripts, autoclickers, and any simulated, augmented, or synthetic use or gameplay (“Prohibited Tools”). We may also require additional verification (including phone validation, facial scans, and/or precise geolocation) for you to register for Mistplay Services, redeem gift cards, or claim prizes. If we reasonably believe that any registration, in-app activity, gameplay, or Units earned are related to any User’s fraud or illegality, we can immediately withhold, suspend, or block that User’s access to the Services, Units, gift cards, and the account. We may use automated decision making to make such determination in real time and suspend account access. You may object to such a suspension and we will consider in good faith any information from the User to show that the account has been used without fraud, illegality, or Prohibited Tools.
You may redeem an aggregate maximum amount of $550 USD (or local currency equivalent) in gift cards or other rewards per calendar year.
Units can expire. Your Units may expire and we may delete your account balance of Units if you do not earn any units within a 180 day period (subject to applicable laws and giving you 30 days' prior).
Table of Contents
Eligibility
Availability of Service
CHANGES TO THE AGREEMENT
Use of the Services
REWARDS
PROMOTIONS and sweepstakes
Personal Data and Cookies
RULES OF CONDUCT
SUSPENSION And TERMINATION
INTELLECTUAL PROPERTY
WARRANTY DISCLAIMER, LIMITATION OF LIABILITY, INDEMNITY
DISPUTE RESOLUTIONS BY BINDING ARBITRATION
GOVERNING LAW
GENERAL TERMS
LOCAL LAW ADDENDUMS
Service-Specific Terms
1. ELIGIBILITY
1.1. This Agreement will remain in full force and effect while you use the Services and/or have a Mistplay account (the “Term”), unless terminated as described below.
1.2. To access the Services, you have to sign up and create an account. To create an account with Mistplay, you must provide a valid email address, mobile phone number, or login details you make available through a third party (e.g., Google, Facebook, LINE), and you must agree to these Terms and acknowledge the Privacy Notice.
Eligibility for an account and to use our Services is subject to the following representations and warranties that you make: i) all information you submit to Mistplay is truthful and will remain accurate and complete, ii) you have the legal capacity to agree to these Terms, iii) you are at least 18 years old, iv) you are a human (as oppose to bots and/or AI) and not accessing the Services to engage in fraudulent activity; and v) the Services are available (to the best of your knowledge) in your country or your use of them does not violate any applicable law or regulation.
1.3. These Terms will remain available in Mistplay’s website and applications. Upon accepting the Terms, you will be able to download or print a copy of them.
2. AVAILABILITY OF SERVICES
2.1. Mistplay offers Units that can be redeemed for rewards when users discover, test, play, and engage with games Mistplay recommends in its Services. We are constantly changing and improving our Services and may at any time add or remove functionalities or features of the Service. New features added to the Services will become subject to these Terms.
2.2. We do not guarantee that all Services will be available at all times, in all locations, to all users, due to technical, regulatory and other restrictions. Content and features within the Service may vary by User and location.
2.3. You may not use any technology or technique, such as a VPN service, to obscure or disguise your location. We may use technologies to secure our platform, prevent fraudulent activity, verify your geographic location, restrict access to the Services from other locations, and otherwise enforce these Terms and our Community Guidelines.
2.4. You may not use Mistplay’s Services if you: i) are located in a country that is subject to embargo by the U.S. or other similar authority (“Sanctioned Country”), or ii) are subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury or the Consolidated Canadian Autonomous Sanctions List), the European Union or its Member States or other applicable government authority. Any violation of this section may result in loss of features, up to and including termination of User’s account and forfeiture of all accumulated Units. User will indemnify Mistplay for any costs, fines or damages incurred by Mistplay due to User's failure to comply with this paragraph.
2.5. Mistplay is not liable for any delay or failure to perform under this Agreement resulting from causes genuinely beyond Mistplay’s reasonable control, such as acts of God, war, government mandates, pandemics, failure of transportation, or communication.
2.6. To the extent allowed by applicable law, Mistplay reserves the right to withdraw, update, or amend the Services in Mistplay’s sole discretion without notice. Mistplay will not be liable in the event that, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, Mistplay may restrict or terminate access to all or any part of the Services to you or any other Users. Content on the Services may be out of date at any given time, and Mistplay is under no obligation to update any such content.
3. CHANGES TO THE AGREEMENT
3.1. We reserve the right to update and change this Agreement at any time. You can always review the last updated version of the Agreement at https://www.mistplay.com/terms-of-use. Where required by applicable laws, if we materially change this Agreement, we will provide you with reasonable advance notice and the opportunity to review the changes, except: i) when we launch a new product or feature, or ii) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. All changes are effective immediately when Mistplay posts them and apply to all access to and usage of the Services thereafter. While your continued use of our Services means that you agree with such changes, we may from time to time ask you to affirmatively accept updates to this Agreement. If you do not agree to new terms, please stop using the Services, close your account, and delete the Mistplay mobile app from your device.
4. USE OF THE SERVICES
4.1. Unless you have express authorization from Mistplay, you may not: i) copy, modify or distribute any part of the Services, ii) reverse engineer or attempt to reconstruct or discover any source code or other data, except your own personal account information, from the Services, iii) use unauthorized modified versions of the Services, including without limitation, for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Services, or iv) remove any product identification, copyright or other notices from the Services.
4.2. In providing Services, Mistplay may promote and advertise games developed by Game Partners (“Games”). We do not control or take responsibility for the Games, their operation, or the content and features provided through them.
4.3. The privacy practices and terms of use that govern your use of and access to the Games are solely between you and the applicable publisher of such game, the Game Partners. It is your responsibility to read and comply with all terms and policies set by the Game Partners.
4.4. Our links to and promotions of Games do not indicate any approval or endorsement by Mistplay of any content or material contained within the Games. We disclaim all liability for your use and play of the Games, and for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages arising from any use of the Games. These limitations shall apply even if Mistplay has been advised of the possibility of such damages.
4.5. All modifications, extensions, scripts and other derivative works of the Services provided or developed by Mistplay are owned exclusively by Mistplay or its licensors. If you provide us with any suggestions, creative ideas, improvements, comments and ideas or other feedback related to the Services or the Games promoted within the Services (collectively, “Feedback”), we will be entitled to use that Feedback without restriction. You acknowledge that the incentives, rewards, or Units that Mistplay provides for your Feedback is valuable consideration; and in exchange, you grant Mistplay a royalty-free, non-exclusive, worldwide, license to the Feedback for as long as permitted by applicable legislation, including the right to use, integrate, reproduce, analyze, combine, aggregate, report, distribute, sell, monetize, transform, create derivatives of, and publicly display such Feedback and its derivatives without obligation of further compensation or attribution to you. You agree that we are under no obligation of confidentiality or to credit you with respect to Feedback you provide, even if you state such restrictions in your submission. You have no obligation to provide Feedback.
4.6. The Services include community features, such as refer-to-a-friend or leaderboards, which may change from time to time. In your use of the Services, you declare and warrant to comply with Community Guidelines with respect to any content, username, or information you provide into the Services. Mistplay reserves the right to remove and disable any content or username that we deem to be illegal, profane, obscene, offensive, or in violation of the Community Guidelines.
5. REWARDS
5.1. Rewarded Application Users earn Units and Gems in exchange for certain activities such as playing games opened through a Rewarded Application, reaching gameplay progression milestones, completing tasks (e.g., surveys, tutorials or inviting a friend), making in-game purchases, and participating in virtual events. A certain number of Units may be made available to you to collect when you access the Services for the first time and later through certain features, events, or promotions inside the Services. In the Shop page within the Services, Gems can be exchanged for Units, and Units can be redeemed for Rewards. Your ability to accumulate Units or Gems may be dependent on Mistplay’s ability to receive Gameplay Data from Game Partners and track your gameplay time through permissions in your device settings.
5.2. You may be able to earn Gems for making in-game purchases in certain eligible Games (“Loyalty Games”). You may find a list of then-currently eligible Loyalty Games within the Rewarded Application mobile app. Technical and other limits may apply, which will be notified to you when there is an opportunity to earn Gems. If the Game Partner stops providing Gameplay Data to Mistplay for a particular Loyalty Game, Mistplay will not be able to credit you with Gems for your in-game purchase in such game. For each Loyalty Game there may be a set maximum number of Gems that each user may earn. Also, there is a technical delay between the time you make in-game purchases and the time Game Partner sends Gameplay Data to Mistplay. This delay means it may take several days for Gems to remain in a “pending” status and then show up in your Mistplay account. If Gems do not appear in your account after 14 days, please contact us at https://support.mistplay.com.
5.3. The amount of Units and Gems earned for actions with the Services and in games discovered through a Rewarded Application varies and is not the same for all Rewarded Application Users. Different Users might receive different amounts of Units or Gems as detailed in the Economy Disclosure, even for identical actions or interactions. We may use artificial intelligence and machine learning tools to analyze behavior, tailor the game recommendations and Rewards Program for Users, detect fraudulent or unusual activity, and set rates or multipliers at which Units accumulate based on factors such as loyalty tier status (which offers enhanced earning opportunities and rewards based on Users meeting criteria for certain tiers). Game availability and recommendations may vary for each User based on account sign-up information and preferences, games and game categories selected for play or interactions with the Services, in-game purchase activity, games you have already installed on your device, and other criteria as described in the Privacy Notice.
5.4. Users can redeem Units for different rewards Mistplay makes available in the Shop page within the Services for each User. The Shop and the rewards therein may vary depending on Users’ region and other criteria. The rewards may include gift cards, gift certificates, prepaid cash cards, content codes, game currency, coupons, or other special offers (collectively “Rewards”). The representative value of Units will be applied against the pre-tax purchase amount (i.e., excluding taxes, fees, and shipping and handling charges) for each Reward. You are responsible for all federal, state, and local taxes and any other costs of accepting and using the Reward.
5.5. The specific requirements to earn Units and Gems may be viewed within the Services or where we present an opportunity for you to earn them. Restrictions apply to earning Units and Gems including: i) your ability to participate the Rewards Program itself, ii) the allowable frequency of tasks or activities within a certain time frame in relation to a promotional event (e.g., once per user, once per month, etc.), iii) the number of Units or Gems you can earn for a given activity, iv) the activities, tasks, or promotional offers available to you, v) the number of Units required for redemption of particular Rewards or vi) the number of Units or Gems you can earn for game play or in-app purchases during a given time frame, which is subject to Mistplay’s receipt of Gameplay Data from Game Partners(e.g. in-game purchases made by you). Information on earning Units, Gems, and related parameters will be available in the Economy Disclosure, in the FAQs or official rules to new features or promotional events (i.e., leaderboard tournaments, sweepstakes rules, etc.), and communicated in the promotional campaigns.
5.6. Units cannot be redeemed for cash or in any way resold, exchanged or returned for a cash refund, unless such redemption rights are required by law. Units are promotional and have no cash, monetary or other value. While we may use terms like "buy", "purchase", "earn", "cashback" or "currency" to reference Units, we do so only for convenience and such terms in no way indicate that Mistplay is offering real-world fiat currency. We may limit the amount of Units you can receive to comply with our legal or business obligations, and Units may be time-limited or can expire. To the extent permissible by applicable laws, if you do not earn any units within a 180 day period, your Units will expire and will not be available to redeem for Rewards. We provide up to thirty days notice of Units expiration in an account that is not terminated, if notice is required under laws that apply to you.
5.7. To redeem your Units for Rewards, you will have to visit the Shop page within the Services to see your available Units and select from the catalog of those Rewards available to you. While you may earn loyalty rewards from Mistplay for your gameplay and in-game purchases, Mistplay is not a party to any legal transactions or financial transactions carried out between you and a Game Partner or any other Third Parties.
5.8. We are not responsible for any improper fulfillment of an obligation by the Game Partner or any Third Parties, including gift card merchants. If you encounter problems with the games, including game content, in-game advertisements, in-game purchases, or your communications and transactions within the game, you should contact the Game Partner directly to resolve those concerns. You understand that we are not liable for the activity of the Game Partners or the merchants of gift cards. Mistplay is not affiliated with or endorsed by any Third Party provider of Rewards, such as merchants and brands displayed on the gift cards. Mistplay is not responsible for any lost, stolen or malfunctioning Rewards except to the extent caused by gross negligence or willful misconduct of Mistplay. For instance, you may be required to use the gift cards within a particular time period, and there may be limitations to their use or redemption. You should carefully read any terms and policies that may apply to the Rewards (including gift cards), as they are separate from this Agreement and also separate from your relationship with Mistplay.
5.9. Units earned through the Services are not valid for any other program and may not be used in combination with any other program offered by Third Parties. Also, Units earned within one Rewarded Application cannot be combined with, used in, or transferred to another Rewarded Application. For example, Units earned in the Mistplay for Android application may not be used in, transferred to, or combined with Points earned in the Mistplay for iPhone application.
5.10. We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program or the Services at any time. Mistplay also reserves the right, as part of our efforts to improve the products and services offered, to run tests or experiments to evaluate the effectiveness of different reward structures, incentives, and other features available through our Services. This testing and experimentation may include varying the type, frequency, and value of Units, Gems, other incentives, promotions, and Rewards offered. Mistplay may post additional rules that apply to your participation in the Rewards Program, how to earn Units and Gems, and how to redeem Units for Rewards when using our Services.
5.11. As of June 30th, 2026, new Users in the U.S. of the Mistplay for Android Application will be enrolled in an events-first rewards experience, where they will be rewarded for events, which could include in-game purchases, achievement of in-game milestones, or other events as defined in the game details. Units are redeemed for Rewards offered in the Shop and to participate in in-app experiences. Gems are earned for in-app purchases at the rates specified in the game details. Gems are not exchanged for Units and Gems are not redeemed for Rewards in the Shop or in-app experiences. By earning Gems, you progress to different tiers, as defined in the application. By moving to a higher tier, you unlock earning opportunities, reward opportunities, and additional. If there is a conflict between this section 5.11 and any other provision in these Terms, this section 5.11 applies.
6. PROMOTIONS AND SWEEPSTAKES
6.1. We may, in our sole discretion, run certain sweepstakes, referral programs, and other promotional activities (together “Promotions”) for Users from time to time. Such Promotions may offer bonus Units or incentives for certain User actions, such as but not limited to daily tasks, sweepstakes, and limited time offers related to in-game spend, discovery of new games, or reaching certain milestones in playing games, leaderboard tournaments, sweepstakes, and referrals program.
6.2. Certain Promotions (e.g. leaderboard tournaments or sweepstakes) are available only in jurisdictions where applicable laws permit them. Units earned through Promotions will be applied to your account after meeting specific requirements set out in the terms and conditions that apply to each Promotion (“Promotion Terms”) which will apply in addition to these Terms. The specific number of Units or other digital items available from a Promotion will be provided in applicable Promotion Terms. When you participate in a Promotion, it is your responsibility to read and comply with the Promotion Terms. For example, Promotion Terms for (i) leaderboard tournaments will display relevant information related to the conditions and awarding of prizes, and (ii) sweepstakes offering will explain such offering is subject to acceptance of the Official Rules posted for the applicable sweepstakes.
6.3. Referral programs are another type of Promotion that may be offered by Mistplay in varying locations. Users who opt in to the referrals program may receive a unique referral link that can be shared with invitees to sign up to Mistplay. The user is responsible for obtaining the necessary legal authorisation to share the referral link with invitees. Once an invitee successfully creates an account with Mistplay and reaches a certain required gameplay progress, the referring User be rewarded with bonus Units in accordance with the program description. Mistplay may feature the referred Users’ usernames and gameplay or earnings-related progression information within a referring User’s referrals leaderboard. If you signed to Mistplay through a referrals link and do not wish for your username or progression information to be displayed on the referring User’s leaderboard as part of the Mistplay referrals program, you may be given the opportunity to opt out or otherwise contact Mistplay at https://support.mistplay.com to do so. By opting out of the referrals leaderboard program, you may lose or be deducted the bonus Units that you received from your sign up through the referrals link.
7. PROCESSING OF PERSONAL DATA AND USE OF COOKIES
7.1. User acknowledges that Mistplay collects, stores and uses personal information and data in the context of the Services as a data controller. Please refer to our Privacy Notice for more information. Further, User hereby authorizes the access by Mistplay to other Apps on the User’s mobile device, in order to prevent fraud, launch certain games from the Services, and to provide better game recommendations.
7.2. User acknowledges that Mistplay uses cookies and similar technologies. Please refer to our Cookie Notice for more information.
7.3. To prevent fraudulent account registration and Rewards redemption, we may require Users to share exact geolocation with us and/or provide access to a video-selfie or mobile device phone number for verification. Users who do not provide information required for verification may be unable to register for Mistplay’s Services and/or redeem Rewards.
8. RULES OF CONDUCT
8.1. You are required to comply with applicable laws at all times when using the Services. In particular, the following restrictions apply to your use of the Services. You are not allowed to:
Create multiple accounts, unless Mistplay makes an exception for certain parts of the Services.
Transfer or sell a User account to third parties.
Allow your account to be used on behalf of any third party, including someone not eligible to use the Services as defined above.
Allow any other person to access your account.
Access your account for any purpose other than personal use and not for any business or commercial purpose.
Use a virtual private network (“VPN”), proxy or any other means to obscure the true source of traffic or your location when using the Services.
Make use of any means to circumvent the proper functioning of the Services, including but not limited to the following: i) any electronic means such as an internet bot or web robot (“Bot”) to generate automated views, clicks or conversions, ii) software, that allows a user to falsify data relating to their phone’s input, or that allows the user to appear to be using their phone when in reality they have left it idle (e.g., autoclicker and autoscrolling programs), iii) an emulator of any kind to access the Services, regardless of the platform on which the emulator is being used, iv) software that can be used to modify games, or software that can unlock in-game content for free that would otherwise need to be purchased, v) any means to distribute harmful or malicious computer code (e.g. viruses) via or into the Services; vi) an account with a rooted device or any device for which the user has been granted root access or privileged control (rooted devices are not supported devices and may at any time be blocked from us).
Use disposable email addresses that automatically forward messages to an alternate address, or that can automatically visit and open verification links that are sent to them.
Access the Services through software and services developed and offered by Mistplay, whether in the Google Play Store, App Store, on the web, or software Mistplay develops for applications provided by third parties.
Use any element of the Services in a Sanctioned Country.
Select a username, persona or bio that is used by, or impersonates, someone else or that Mistplay reasonably determines is vulgar or offensive or violates someone else’s rights.
Engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Services.
Engage in fraudulent or synthetic gameplay or intentionally make ingenuine in-game purchases.
Use the Services in any way that violates Community Guidelines or that is contrary to applicable local, state/provincial, federal and foreign laws, including without limitation those relating to privacy, electronic communications and anti-spam legislation.
Use the Services if you are not at least 18 years old.
8.2. Any account, device or User that appears to operate in violation of Section 8 (Rules of Conduct) is in material breach of this Agreement and may be suspected of, and reported to the authorities for, fraudulent activity. If we reasonably believe that any User activities, game play, or Units gained are the result of fraud, illegality or violation of these Terms, including the Rules of Conduct in this Section, we will investigate and take action, including but not limited to removing any Units, suspending access to Units, Rewards, or an account, or permanently blocking an account or device, with notice where required by law. We will consider in good faith any information from the User to show that the account has been used without fraud and in accordance with these Terms. If you have questions about Mistplay’s assessment of your account’s compliance with the Rules of Conduct, contact us at https://support.mistplay.com.
9. SUSPENSION AND TERMINATION
9.1. You may stop using the Services at any time, for any reason, by uninstalling the applicable Rewarded Application or discontinuing your use of any web-based Mistplay products or the Services.
9.2. Mistplay reserves the right to temporarily suspend or permanently terminate this Agreement and your account if: i) we are required to do so to comply with a legal requirement (e.g. U.S. sanctions laws) or a court order, ii) we believe with reason that there has been conduct that creates (or could create) liability or harm to Mistplay or its affiliates, any User or third party, iii) you materially or repeatedly breach terms of this Agreement (e.g. breach of Section 8); or iv) we wind down or cease making the Services available. If we cease providing the Services, we will notify you by email, and if practicable, we will provide you at least thirty (30) days notice to make a redemption request (subject to any minimum redemption amount for a gift card). If you do not make a redemption request within such thirty (30) day period, your entire Units and Gems balance will expire. If you cancel or inactivate your account, any then currently existing Units and Gems will automatically expire upon cancellation or inactivation. It is your responsibility to make a redemption request (subject to any minimum redemption amount of points balance requirement described above) before cancellation or inactivation.
9.3. In addition, we reserve the right to, with or without notice, terminate any account which has been inactive for a consecutive period of eighteen (18) months. An account is deemed inactive when: i) no Units have been earned or redeemed and ii) there has been no access or attempt to access the Services (together “Inactive Accounts”). If the Inactive Account contains any Units or Rewards, they will be considered void subject to notice, only if required by local law.
9.4. After your account is terminated, you will not be able to access the Services and may not participate in any of the Services again without Mistplay’s express permission. Any Gameplay Data, virtual items, accumulated Units or balances may no longer be available to you. Termination of this Agreement by Mistplay will not limit nor restrict Mistplay from pursuing any other remedies available to it, including seeking damages or injunctive relief. You acknowledge that you will not receive money or any other form of compensation for unused Units when your account is closed.
10. INTELLECTUAL PROPERTY
10.1. The Services contain copyrighted material, trademarks, materials protected by authors rights and other proprietary information. All of the elements comprising the Services (inter alia, texts, images, domain name, trademarks, logos, audio and video files, software, photos, technology, graphic design, etc.) are protected by intellectual and industrial property law. The entire contents of the Services are protected as a collective work and database under copyright and database laws.
10.2. Mistplay owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part.
10.3. Except if expressly permitted by applicable law, no copying, reproduction, modification, public communication, assignment, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Mistplay and the copyright owner (if different from Mistplay). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark notice or copyright notice shall be made.
11. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY, INDEMNITY
11.1. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND DEFECTS, WHETHER KNOWN OR UNKNOWN, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MISTPLAY (ON ITS OWN BEHALF AND ON BEHALF OF EACH OF ITS AFFILIATES) EXPRESSLY DISCLAIMS (AND YOU HEREBY WAIVE) ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT, (B) REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE ACCURACY, COMPLETENESS, AVAILABILITY, TIMELINESS, USEFULNESS, OR RELIABILITY OF THE SERVICE (INCLUDING ANY CONTENT THEREON), AND (C) REPRESENTATIONS AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING ANY OF THE FOREGOING, MISTPLAY MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, ACHIEVE ANY RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEM, OR SERVICE, OR ARE UNINTERRUPTED, ACCURATE, FREE OF CONTENT ERRORS, VIRUSES, UNAUTHORIZED ACCESS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, SOFTWARE, DATA OR NETWORKS. MISTPLAY WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY VIRUS, HARMFUL CODE, UNAUTHORIZED ACCESS, OR THIRD-PARTY MATERIAL (INCLUDING GAMES). You are responsible for implementing sufficient procedures and controls to satisfy your particular security requirements.
11.2. EXCEPT AS REQUIRED BY LAW, IN NO EVENT WILL MISTPLAY, ANY OF ITS AFFILIATES, OR ANY OF THE RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING BE RESPONSIBLE OR LIABLE FOR ANY KIND OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ACCESS REWARDS, OR ANY THIRD PARTY SERVICES. DAMAGES UNDER THIS LIMITATION OF LIABILITY INCLUDE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY (INCLUDING DEATH OR EPILEPTIC SEIZURE TRIGGERED BY AN ADVERTISEMENT OF OUR SERVICES), PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR AN ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. USER FURTHER AGREES THAT MISTPLAY, ANY OF ITS AFFILIATES, OR ANY OF THE RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING SHALL NOT BE LIABLE TO USER NOR TO ANY THIRD PARTY FOR ANY TERMINATION OF USER ACCESS TO THE SERVICES OR DELETION OF USER DATA. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING CONSUMER PROTECTION LAW). UNDER NO CIRCUMSTANCE SHALL MISTPLAY’S MAXIMUM LIABILITY IN CONNECTION WITH THESE TERMS IN THE AGGREGATE EXCEED THE GREATER OF: (A) THE AMOUNT ACTUALLY PAID BY YOU SPECIFICALLY FOR THE SERVICES; AND (B) $100.00. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY AND, SOLELY TO THE EXTENT NOT SO ALLOWED, SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. You acknowledge and agree that the above exclusions and limitations of liability are reasonable in accordance with each of your and Mistplay’s obligations and level of risk under these Terms. The limitation of liability does not apply to liability resulting from our gross negligence or willful misconduct.
11.3. You access the Services on your own initiative and are responsible for compliance with all local laws that apply to you. If you violate or breach any term within this Agreement or if you face a claim that your actions or content violated the rights of a third party, you agree to defend, indemnify, and hold harmless Mistplay, its affiliates, and the respective licensors, service providers, suppliers, officers, directors, employees, contractors, agents, successors, and assigns of each of the foregoing, as permitted by law, from and against any and all claims, liabilities, judgments, awards, losses, costs and damages, including reasonable attorney fees arising out of or relating to: (a) your access to or use of the Services; (b) your breach of these Terms; or (c) any unauthorized access to or use of your account on the Services.
11.4. This Section 11 limitations of liability on Mistplay’s part apply also to Mistplay’s affiliates, officers, directors, employees and agents. The terms in this Section 11 shall apply to the fullest extent permissible under local laws.
12. GOVERNING LAW AND LANGUAGE
12.1. These Terms shall be governed by and construed in accordance with the laws applicable in New York, New York, USA, without regard to its conflict of laws principles. For disputes not subject to Section 13 (Dispute Resolution by Binding Arbitration), any actions or claims brought under this Agreement shall be brought before the competent state or federal courts located in New York, New York, USA.
12.2. If you are a resident of any European Union country or the United Kingdom, Canada, or the Republic of Korea, please refer to the relevant Addendum. If you are a resident of Japan, any actions or claims brought under this Agreement can be brought before the competent courts located in Tokyo, Japan. For users in Japan, this Agreement shall be governed by and construed in accordance with the laws of Japan, and any dispute arising from this Agreement shall be submitted to the competent court in Tokyo, Japan.
12.3. Unless required otherwise under applicable law, the English-language version of this Agreement controls when interpreting this Agreement.
13. DISPUTE RESOLUTION BY BINDING ARBITRATION
These provisions under Section 13 apply to you if you are domiciled in and/or acquired and use the Services in the U.S.A.
13.1. BY ACCEPTING THE TERMS YOU AND MISTPLAY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE ANY AND ALL CONTROVERSIES, CLAIMS, AND DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR THE INTERPRETATION, PERFORMANCE, OR BREACH HEREOF, INCLUDING ALLEGED VIOLATIONS OF ANY STATE OR FEDERAL STATUTORY OR COMMON LAW RIGHT OR DUTY AND THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
13.2. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM YOUR USE OF THE SITE AND THESE TERMS OF USE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
13.3. The arbitration will be by a single arbitrator administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at adr.org) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
13.4. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will have discretion to include the payment of your or our arbitration costs and legal fees in any award.
13.5. You may elect to pursue your claim in small claims court rather than arbitration if you provide us with written notice (via first class mail to the address set forth below) of your intention to do so within sixty (60) days after your registration for our Service. The arbitration or small claims court proceeding will be limited solely to your individual dispute or controversy.
13.6. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR MISTPLAY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
13.7. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS AND SHALL BE DEEMED PERMANENTLY BARRED.
13.8. Notwithstanding anything to the contrary, in addition to any and all remedies available at law, Mistplay shall be entitled to seek an injunction or other equitable remedies in all legal proceedings in the event of any threatened or actual violation by you of any of these Terms.
13.9 These binding arbitration provisions shall not apply to the extent prohibited by applicable law, and if any provision of this Section is found unenforceable in any final, non-appealable decision by a court of competent jurisdiction, the unenforceable provisions will be severed and the remaining arbitration terms will be enforced, and any portion of any claims or actions which may be resolved by arbitration shall be so resolved, subject to all enforceable provisions of this Section.
14. GENERAL TERMS
14.1. When you access or use the Services, provide your e-mail address to one of our representatives, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
14.2 If one or more of the provisions of this Agreement is held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality, and enforceability of the remaining provisions of this Agreement shall be unaffected.
14.3. Any failure to require or enforce your performance of any specific term of this Agreement or the non-exercise of any right under this Agreement shall not be considered a waiver of the right to rely on that provision of the Agreement in any other instance.
14.4. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written, electronic, or oral communications, representations, agreements, or understandings between the parties with respect thereto. The headings in this Agreement have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof.
14.5. You may contact Mistplay here or support@mistplay.com in case you identify any data entry error or would like to withdraw your consent to these Terms. In such case, Mistplay may request information to confirm your account status before closing and deleting your account.
14.6. In the event this Agreement is terminated, all terms that that by their nature are intended to survive termination of this Agreement shall survive, including but not limited to terms related to intellectual property, warranty disclaimer, limitation of liability, and indemnity, governing law and jurisdiction, and dispute resolution by binding arbitration.
15. LOCAL LAW ADDENDUMS
If you are a resident of Europe or United Kingdom, Canada, or the Republic of Korea, terms in the Local Law Addendum of the location where you reside shall also apply. In the case the applicable Local Law Addendum conflicts with the general Terms, the terms of the Local Law Addendum shall control.
EU AND UK ADDENDUM
1. CHANGES TO THE AGREEMENT
1.1. Mistplay may make changes to this Agreement from time to time, taking into account your interests. If Mistplay makes any changes to this Agreement that are material, to the extent required by applicable law, Mistplay will provide you with advance notice of such changes, such as by sending an email or providing a notice through our Services at least 30 days before the date they become effective. By continuing to access and use the Services on or after the effective date of the revised Terms, you agree to be bound by the revised Agreement. Mistplay will draw your special attention to this consequence in its notice. Should you not agree to the revised Agreement, you must stop accessing and using Mistplay’s Services before the changes become effective.
1.2. Mistplay may change, suspend, or cancel all or a portion of the Rewards Program and run tests or experiments to evaluate the effectiveness of different reward structures, incentives and other features available through our Services. This testing may include varying the type, frequency, and value of Units, promotions, and Rewards offered. If Mistplay changes, suspends, or cancel all or a portion of a Rewards Program, Mistplay may provide you with sufficient advance notice as required by applicable laws, such as by sending an email or providing a notice through our Services before the date they become effective so that you may redeem your reward(s); or otherwise, Mistplay may prompt you to redeem your reward(s) upon such change, suspension, or cancellation, subject to any minimum redemption value as set forth by Mistplay.
1.3. Mistplay may post additional rules that apply to your participation in the Rewards Program and concurrently with promotional offerings. Please access the Mistplay application and Economy Disclosure regularly to see the latest updates.
2. SUSPENSIONS AND TERMINATIONS
2.1. You expressly agree that Mistplay Services commence with the execution of the Agreement automatically, as a digital service, and that as a consequence you are aware and consent that you lose the right of withdrawal at the beginning of the execution of the Agreement. You have the right to receive a copy or confirmation of the Agreement that states, where applicable, that prior to execution of the Agreement you have expressly agreed that Mistplay Services begin automatically with the execution of the same and the right of withdrawal is not applicable.
2.2. You may stop using the Services at any time, for any reason, by uninstalling the applicable Rewarded Application or discontinuing your use of any web-based Mistplay products or the Services. Mistplay may terminate the Agreement with you at any time upon reasonable notice to you.
2.3. Either Party may terminate these Terms at any time upon thirty (30) days prior notice, for convenience or if the other party materially fails to comply with any of its terms and conditions, and such failure is not cured by the end of such thirty (30) day period. If you wish to terminate this Agreement, you must contact Mistplay customer support at Support@Mistplay.com to process your termination and close your Mistplay account. Mistplay reserves the right to suspend your access to the Services upon providing you with notice of noncompliance. A warning and remedial period is not required if if you refuse to comply with your obligations, where Mistplay has overriding interests to secure the Services or prevent harm and offense to others, to maintain safety and prevent fraudulent activity, or where such breach cannot be remediated.
2.4. After your account is terminated, you will no longer be able to access and use the Services. Any Gameplay Data, virtual items, accumulated Units or balances will no longer be available to you, unless applicable laws require otherwise. You acknowledge that you will not receive money or any other form of compensation for unused Units when your account is terminated.
2.5. Mistplay may immediately suspend your account while Mistplay investigates if i) Mistplay is required to do so to comply with a legal requirement or a court order, ii) we believe with good reason that there has been inappropriate conduct that creates (or could create) liability or harm to Mistplay or its affiliates, any User or third party, or iii) you materially or repeatedly breach terms of this Agreement (e.g. retention of Prohibited Tools or breach of Section 8 RULES OF CONDUCT of this Agreement).
2.6. You will be informed of the reason for the termination or temporary suspension of your account and given an opportunity to submit an appeal or complaint through to support@mistplay.com to have Mistplay reconsider its decision.
You have the opportunity to clarify the facts and circumstances underlying such a measure electronically and free of charge by Mistplay customer support. The possibility to lodge a complaint exists for a period of six months following Mistplay’s decision to terminate or suspend the account. Mistplay will inform complainant without undue delay of its reasoned decision in respect of the information to which the complaint and will deal with the complaint as soon as possible, in a non-discriminatory, diligent and non-arbitrary manner.
If you are a resident in an EU country, you may task a body, organization or association that operates on a not-for-profit basis, is properly constituted in accordance with the law of an EU Member State and has a legitimate interest in ensuring compliance with EU Regulation (EU) 2022/2065 according to its statutory objectives, to submit complaints on your behalf.
2.7. Mistplay cooperates with mediators and out-of-court dispute settlement bodies within the scope of its legal obligations in order to settle any disputes (including those under rules above). Whenever mediation or out-of-court dispute settlement is available in a case, Mistplay will inform you about this possibility for the selection of a certified out-of-court settlement body as well as about the respective competent bodies. When mediation or out-of-court dispute settlement proceedings are initiated, Mistplay and you will engage in good faith discussions with the selected body with a view to resolving the dispute. Mistplay may refuse to engage with such out-of-court dispute settlement body if a dispute has already been resolved concerning the same information and the same grounds of alleged illegality or incompatibility of content. The decisions and proposals of the selected body shall not be binding for either party.
2.8. After a prior warning, Mistplay may also suspend for a period of up to 90 days the processing of notices and complaints submitted through the notice and action mechanisms under clause 6 below and internal complaints-handling systems by individuals that frequently submit notices or complaints that are manifestly unfounded (e.g., but not limited, filing 3 unfounded notices within the month regarding the same Game or Game Partner).
3. Limitations of Liability
3.1. Mistplay shall only be liable to the following extent: i) Mistplay shall be liable in accordance with the statutory provisions of local laws applicable to you,; and ii) in the event of intent or gross negligence, fraud, or fraudulent misrepresentation.
3.2. To the extent required by local laws applicable to you, Mistplay may also be liable for ordinary negligence only for breach of a material obligation arising under this Agreement. “Material” obligations in this sense are obligations which are necessary for the performance of the contract, the breach of which would jeopardize the purpose of the contract and the performance of which you may rely on. In these cases, liability is limited to typical and foreseeable damages; in other cases, there is no liability for ordinary negligence.
3.3. To the extent the liability of Mistplay is excluded or limited, such exclusion or limitation of liability also applies to the employees, legal representatives, and vicarious agents of Mistplay.
3.4 Nothing in this Agreement is intended to restrict the European mandatory provisions on consumer contracts that have as their object the provision of digital content or digital services (digital products) by Mistplay against payment of a price and your legal rights regarding applicable legal guarantees. Other than as set forth herein, the Terms of Section 11 (WARRANTY DISCLAIMER, LIMITATION OF LIABILITY, INDEMNITY) shall apply to the extent permissible under the local laws applicable to you.
4. ORDER AND PRIORITIZATION OF CONTENT WITHIN THE SERVICES
4.1. Personalised Game Partners’ content displayed and provided to you through the Services are sorted according to Mistplay’s ranking algorithm. The factors that influence a higher or lower visibility of recommended Games or their ranking are mainly Account Data, Gameplay Data, and Usage Data (as defined in the Privacy Notice).
5. POINT OF CONTACT FOR THE PURPOSES OF THE DIGITAL SERVICES ACT
As relevant for the EU only, Mistplay designates as contact point for the competent authorities of the Member States and recipients of the Services, so that they can communicate quickly and directly with Mistplay, the following: Data Privacy Officer, at Privacy@Mistplay.com. The language in which Users and authorities may address Mistplay for these purposes is English.
6. CONTENT MODERATION, COMPLAINTS AND REPORTING
6.1. Any User may communicate the existence (in their opinion) of illegal content by contacting here or support@mistplay.com or through available in-app reporting features. When sending a notice informing that, in the opinion of the notifier, a content is illegal, the notifier should:
Include a sufficiently reasoned explanation of why it considers the information in question to be illegal content.
Indicate the exact location of the information and related screenshots.
Include the name and an email address of the person or entity submitting the notice. This allows us to better manage the notice.
By submitting a notice, the notifier shall state that it has a good faith belief that the information and allegations contained in the notice are accurate and complete.
6.2. Trusted flaggers appointed in accordance with the applicable regulation may submit their notices with priority through support@mistplay.com with verification of their trusted flagger status.
6.3. This mechanism (both the generic and the trusted flagger one) should be used in relation to illegal content, and not in relation to disputes between Users and Game Partners.
6.4. Once Mistplay receives the notice, it will initiate proceedings to conduct an analysis of the possible removal of the information or content in question, as well as action against the individual or entity who has uploaded such content. The foregoing includes the right to refer the claim to the party that provided the allegedly illegal content.
6.5 Mistplay has the right, but not the obligation, to also carry out voluntary checks on its own initiative to identify content in violation of any applicable laws, rights of other parties, this Agreement or other applicable contractual agreements and to take appropriate measures as set out below. Mistplay uses a variety of procedures and tools to review and moderate content. This includes human review, automated review and a combination thereof. We use artificial intelligence and machine learning tools to analyze behavior, tailor the game recommendations and Rewards Program for Users, detect fraudulent or unusual activity, and set rates or multipliers at which Units accumulate based on factors such as loyalty tier status, account sign-up information and preferences, specific games selected for play or interactions with the Services.
6.6. Mistplay may take the following actions if it detects, or is notified of, content violating any applicable laws, rights of other parties or the applicable contractual agreements:
Issue a warning.
Remove the content or restrict its visibility.
Suspending or terminate the uploading User’s account or access to our website or monetization features.
Before taking any other actions, Mistplay will generally issue a warning to the uploading user concerned. When deciding on a suspension of its services, Mistplay also considers the frequency, severity, and impact of a violation, as well as any measures previously imposed. Examples of misuse that may be sanctioned with a suspension include:
Frequent uploads of illegal content.
Defrauding us when uploading content.
If you disagree with Mistplay’s content moderation actions taken in relation to your content and/or your account, or with Mistplay’s decision on your report, you can submit an appeal to support@mistplay.com within six months from receiving Mistplay’s decision. Mistplay will handle appeals in a timely, non-discriminatory, diligent, and objective manner and will reverse its decision if the appeal sufficiently demonstrates that Mistplay’s decision was unjustified, inappropriate or disproportionate.
Mistplay may suspend your access to its reporting and appeal systems if you misuse it, e.g. by submitting multiple unfounded reporting notices or appeals.
You can also contact out-of-court dispute settlement bodies that have been certified in accordance with Art. 21 (3) of the EU Digital Services Act. This includes cases in which appeals have not been resolved by our internal appeal system.
6.7. As relevant for the UK only, Users have the right to bring a claim in breach of contract if:
(a) Content that Users generate, upload or share (with the exception of comments and reviews on provider content) is taken down, or access to it is restricted, in breach of the Terms; or
(b) Users are suspended or banned from using Mistplay in breach of the Terms.
7. GOVERNING LAWS AND ODR
If a claim or dispute arises out of or in connection with your use of the Mistplay Services, you and Mistplay agree that you may bring your respective claim or dispute that you have against Mistplay, and Mistplay may bring our claim or dispute that Mistplay has against you, in any court located in the country of your principal place of residence, and that the laws of that country will apply.
You acknowledge the existence of the EU Online Dispute Resolution (ODR) to which you can access through this website: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
8. MISTPLAY CORPORATE INFORMATION
Mistplay, Inc., with address at 1001 Boulevard Robert Bourassa, #200, Montréal QC H3B 4L4, registered in Canada, and contact email: support@mistplay.com.
CANADA ADDENDUM
1. Scope
This Addendum only applies to you if you are a resident of Canada. It forms an integral part of the Terms and its provisions take precedence over any other conflicting provision of the Terms.
2. Rewards
Applies only to residents of the Province of Quebec and Ontario only. Units will expire if your account is an Inactive Account for 1 year or more. In such a case, we will notify you that the inactivity will result in the expiry of the Units on a date specified in the notice. The notice will be issued at least 30 days, but not more than 60 days before the date on which the Units are set to expire. For Canadian residents outside of the Province of Quebec, Units will expire after your Account is an Inactive Account for a period of 180 days or more.
3. CHANGES TO THE AGREEMENT
In addition to what is prescribed in the body of the Terms, if you are a resident of the Province of Québec and we wish to amend material provisions of the Terms without your consent, we will send you a written notice detailing the changes to be made to the Rewards Program. This notice will be sent by email or be provided by notification within the Services no more than 90 days after and at least sixty (60) days before the amendment's effective date. Where required, it will itemize the material change(s). If you object to any amendments to the Terms, you may exchange your existing Units balance for Rewards and close your account. If you continue to receive and engage with the Services after sixty (60) days from your receipt of notice regarding the changes, you are deemed to have accepted the changes to the Terms.
4. PROCESSING OF PERSONAL DATA AND USE OF COOKIE
By accessing the Services and agreeing to these Terms, you acknowledge that Mistplay will collect, track, and process your personal information in accordance with its Privacy Notice and Cookie Notice, which may be updated from time to time.
5. Notices
We may provide you the notices referred to in this Addendum through any means of communication for which we have your information, including by email, in-app pop up, or push notifications.
6. GOVERNING LAW AND JURISDICTION
6.1. To the fullest extent permitted by applicable law, these Terms and any dispute or claim you have against Mistplay shall be exclusively governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. In such a case, you agree to submit to the jurisdiction of the courts located in Toronto, Ontario for the resolution of and all claims or disputes you may have against Mistplay.
6.2. Notwithstanding the foregoing, if you are a resident of the Province of Quebec, any disputes or claims you have against Mistplay shall be exclusively governed by the laws of the Province of Quebec and the applicable federal laws of Canada. In such a case, the courts of the Province of Quebec shall have jurisdiction over the resolution of any claims or disputes you may have against Mistplay.
7. LANGUAGE / LANGUE
Applicable only if you reside in the Province of Quebec: You acknowledge having been offered the choice to enter into these Terms in English and in French and having expressly requested to enter into these Terms in English only, after being provided with the French version. Therefore, the parties hereby consent to these Terms being drawn up exclusively in English and to have all related documents be drawn up in English only. Vous reconnaissez vous être fait offrir le choix de conclure ce contrat en anglais et en français et avoir expressément demandé de le conclure uniquement en anglais, après avoir reçu la version française. Par conséquent, les parties conviennent que ce contrat soit rédigé exclusivement en anglais et que tous les documents qui s’y rattachent soient uniquement en anglais.
South Korean ADDENDUM
1. CHANGES TO THE TERMS
1.1. Mistplay may change these Terms from time to time. If Mistplay makes changes to these Terms, we shall notify you by posting the effective date as well as notify of the changes within the Services. Where such change is disadvantageous to you or material, Mistplay shall make reasonable efforts to notify you of such change at least 30 days prior to the effective date via email, in-app, or by other similar means. If you do not express your intent to refuse to accept the amended Terms, you will be deemed to have given consent. If you do not agree to the changed Terms, either Mistplay or you may terminate this Agreement and close your Mistplay account.
2. SUSPENSION AND TERMINATION
2.1. Where there are material reasons for which Mistplay is not able to maintain this Agreement, such as where you engage in any acts prohibited by this Agreement or our operation policies, we may suspend the use of the Services or terminate this Agreement. You will be notified of these measures and you may appeal the suspension be contacting customer service at Support@Mistplay.com.
2.2. If you do not use Mistplay’s services for 18 consecutive months from the date of your most recent use of the Services, Mistplay may terminate this Agreement. In such case, we shall notify you of the termination no later than 30 days prior to such measures.
3. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY
3.1. Notwithstanding anything to the contrary in the Terms, Mistplay may be liable to Users in the Republic of South Korea for damages arising out of Mistplay’s intentional or wrongful misconduct in the provision of the Services.
3.2. Notwithstanding Section 3.1 above, Mistplay is not obligated to intervene in any transaction or dispute you have with any other user or person or entity arising out of or in connection with the Services. Mistplay shall not be liable for any damages arising out of any such transaction or dispute.
3.3. Mistplay will not be liable for any damage you suffer in connection with your use of the Services provided free of charge. However, this shall not apply if Mistplay is responsible for any willful misconduct or gross negligence.
3.4. Mistplay is not responsible for the failure to obtain or loss of the expected benefit of your use of the Services.
4. GOVERNING LAW AND JURISDICTION
4.1. For users in South Korea, this Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea. Any litigation arising out of a dispute between Mistplay and a user shall be submitted to the competent court in accordance with the procedures set forth in the applicable laws and regulations.
16. Service-Specific Terms
If you use a service listed here, these Service-Specific Terms also apply. If the applicable Service Specific Terms conflict with any portion of these General Terms, the Service-Specific Terms shall apply to resolve such conflict.
1. LoyaltyPlay Terms of Use
Mistplay’s LoyaltyPlay Service is offered and operated by Mistplay by means of a partnership with a mobile application (hereinafter referred to as the “Partner App”). LoyaltyPlay Users are able to earn PartnerApp reward points for engagement with games discovered in LoyaltyPlay. The LoyaltyPlay Partner App is a distribution mechanism for the LoyaltyPlay Service but is also responsible for offering the LoyaltyPlay user opportunities to earn Partner App reward points. Redemption of those Partner App reward points occurs in the Partner App and is subject to the terms and conditions of the Partner App. Mistplay is not the contractual partner of users with regards to their use of the Partner App.
If you use LoyaltyPlay, both the relevant terms above (except for Section 5) and the LoyaltyPlay Terms within this addendum apply to you.
1.1 Eligibility and Account
1.1.1. You may use LoyaltyPlay if you are over 16 years of age and have an active account on the Partner App. LoyaltyPlay is not directed at children under 17 years old, and Mistplay does not knowingly collect or maintain personal information from individuals under 17 years of age.
1.1.2. Partner App users must only set up one LoyaltyPlay account per user.
1.1.3. Mistplay is not responsible for any Partner App restrictions, which may include age, country of residence, or any other rules or restrictions imposed by the Partner App.
1.2. Use of LoyaltyPlay
1.2.1. The Partner App operates independently of Mistplay, and as such, has its own privacy practices and terms of use. It is your responsibility to ensure that you have read, understood, and agreed to the Partner App Terms and Privacy Policy before using the Partner App. Mistplay is not responsible for the Partner App's privacy practices or terms of use, and any information you share with the Partner App is solely between you and the Partner App.
1.3. Rewards
1.3.1. LoyaltyPlay users earn Partner App reward points in exchange for completing achievements (”Achievements”) in games featured in LoyaltyPlay (“Promoted Games”) and opened by the user via LoyaltyPlay. Mistplay will calculate and display the quantity of reward points you earn after you engage with the Promoted Games.
1.3.2. Achievements offered and the points earned per Achievement may vary depending on the Partner App and Promoted Game. Achievements will be further defined in the LoyaltyPlay Service. Achievements may include, but are not limited to, the following: (a) completing certain milestones; (b) reaching various checkpoints; (c) completing a tutorial; and/or (d) reaching certain levels within a Promoted Game. Mistplay and the Partner App may change Achievements for a Promoted Game from time to time. Please refer to the LoyaltyPlay game details page to see what Achievements are required to earn reward points from the Partner App.
1.3.3. Partner Apps are solely responsible for reward points redemption, fulfillment, or distribution in connection with reward points earned in LoyaltyPlay. Should you have any questions about redemption of reward points, please contact the Partner App through which you accessed LoyaltyPlay.
1.3.4. Mistplay is not responsible for any reward that a user cannot redeem due to their age, country of residence, or due to Partner App restrictions. Users cannot complete Achievements or earn reward points through any means that violate Section 8 (Rules of Conduct) in the Terms.
1.4. Processing of Data
1.4.1. By using the LoyaltyPlay service you acknowledge and agree to certain data sharing as between Promoted Games, Mistplay and the Partner App and acknowledge that such sharing is needed in order to track your reward points earnings and communicate those to the Partner App. You are directing the Partner App and Promoted Games to share data with Mistplay needed to establish your LoyaltyPlay account, track your reward point earnings. You are further directing Mistplay to share data relating to your in-game activity, achievements, and reward point earnings with Partner Apps and/or Promoted Games in order that you can redeem those reward points in the PartnerApp subject to the PartnerApp terms of use. For more information regarding how Mistplay receives, uses, and shares your data to operate LoyaltyPlay, along with the tracking technologies we use, please visit our Mistplay User Privacy Notice. For more information on how Promoted Games and Partner Apps process your personal information you should review their respective privacy policies.
1.5. Term
1.5.1. These Terms, including these Service-Specific Terms, shall become binding on users once they accept Mistplay’s Terms of Use and Privacy Notice while entering LoyaltyPlay for the first time. This Addendum shall remain in effect until the earlier of: (a) termination of the LoyaltyPlay Service by Mistplay or the Partner App; or (b) termination by the user by submitting a request to delete their LoyaltyPlay account here. User further agrees that Mistplay shall not be liable to the user nor to any third party for any termination of user access to the LoyaltyPlay Service or deletion of the LoyaltyPlay user data, including due to any action taken by the Partner App, Promoted Game, or other third party.
Additional limits and exceptions may apply to your use of LoyaltyPlay. For more information about LoyaltyPlay, please refer to our Frequently Asked Questions Page for LoyaltyPlay, our Mistplay User Privacy Notice, and within the LoyaltyPlay application.
17. Legal Notice
Information pursuant to § 5 DDG (German Digital Services Act)
Mistplay Inc.1001 Robert-Bourassa, Suite 200, Montréal, QC, H3B 0A7, Canada
Represented by: Patricia Han, CEO
Email: legal@mistplay.com
B.C. Registration Number: 1337080
EU Online Dispute Resolution: https://ec.europa.eu/consumers/odr
LAST UPDATED: September 25, 2023
SUMMARY OF KEY TERMS
Welcome to Mistplay. These terms of use (“Agreement” or these “Terms”) govern your access and use of products and services offered by Mistplay Inc. (“Mistplay,” “we,” “us” or “our”), including websites, mobile applications, progressive web applications, content, features, digital events or products we create or operate (the “Services”). You may not use or access the Services or submit personal information to Mistplay if: 1) you do not agree with all of these terms, or 2) if you are a new user under 18 years.
The terms “personal data” and “personal information” generally mean any information that directly or indirectly identifies you. These Terms include the Global Mistplay User Privacy Notice (the “Policy) and the Community Guidelines by and between Mistplay and any individual user (the “User” or “you”) that uses or accesses the Services. Mistplay rewards you for playing games and more! To understand how you play, we need to collect data about your gameplay and related interactions with Mistplay (“Gameplay Data”), including, but not limited to, in-app purchase data. When you discover games or applications that third party developers (“Game Partners”) make available for recommendation to you within our Services, you are directing us to collect this Gameplay Data and directing Game Partners to share Gameplay Data with us so that we can operate our rewards program. You may be able to limit data collected and used by Mistplay through device settings or otherwise, but this may result in Mistplay’s inability to track your GamePlay Data. When this occurs, Mistplay is not able to calculate reward units and you will not be able to earn units to be redeemed for rewards.
These terms include an arbitration agreement and class action waiver that apply to all claims brought against Mistplay. If relevant to you under local laws, this agreement requires the parties to arbitrate disputes on an individual basis, and you waive your right to bring any action on a class basis. These limitations may limit your right to bring claims in court, before a jury, or as part of a class action. Arbitration will be held in New York, New York, USA, under the laws of New York State and the United States.
We want your use of our Services to be fair for all players and fraud-free. You only earn rewards for activities relating to your playing of games you discover in our Services and for other interactions with our Services. As part of our anti-fraud program, we monitor for and ban the use of automated bots, emulators, scripts, and any simulated, augmented, or synthetic use or gameplay. We may also require additional verification for you to redeem gift cards or claim prizes for sweepstakes and contests. If we reasonably believe that game play or Units earned are the result of any fraud or illegality, we can suspend or block the User’s access to Units and the account. You may object to such a suspension and we will consider in good faith any information from the User to show that the account has been used without fraud.
Our rewards program is defined by Mistplay. The way in which you earn Mistplay points (“Units”) that can be redeemed for Mistplay rewards (such as gift cards) will depend on various factors such as your preferences, the games you play, your activity in those games and any special offers related to particular games or to events offered by Mistplay. The amount of Units earned for certain activities and interactions in games and in-app varies per user, and is subject to change. You can find more information on how you earn Mistplay Units HERE
You may redeem an aggregate amount of $550 USD of gift cards or other rewards per calendar year.
Units can expire. Under laws that apply to you, your units may expire and we may delete your account if you do not earn any units within a 180 day period.
TABLE OF CONTENT
ELIGIBILITY
AVAILABILITY OF SERVICE
CHANGES TO THE AGREEMENT
LICENSE
REWARDS
CONTESTS AND PROMOTIONS
OUR USE OF PERSONAL DATA
RULES OF CONDUCT
SUSPENSION & TERMINATION
INTELLECTUAL PROPERTY
WARRANTY DISCLAIMER, LIMITATION OF LIABILITY, INDEMNITY
DISPUTE RESOLUTIONS BY BINDING ARBITRATION
GOVERNING LAW
GENERAL TERMS
LOCAL LAW ADDENDUMS
ELIGIBILITY
1.1. This Agreement will remain in full force and effect while you use the Services and/or have a Mistplay account (the “Term”), unless a User is terminated as described below.
1.2. To access some of the Services, you may have to sign up and create an account. You must have a valid email address or login details you make available through a third party to create an account. Eligibility for an account and to use our Services is subject to the following representations and warranties that you make: i) all information you submit to Mistplay is truthful and will remain accurate and complete, ii) you have the legal capacity to agree to these Terms, iii) you are at least 18 years old, and iv) the Services are available in your country or your use of them does not violate any applicable law or regulation.
AVAILABILITY OF SERVICES
2.1. Mistplay offers Units that can be redeemed for rewards when users discover, play and engage with games Mistplay recommends in its Services. We are constantly changing and improving our Services and may at any time add or remove functionalities or features of the Service. New features or tools added to the Services will become subject to these Terms.
2.2. We do not guarantee that all Services will be available at all times, in all locations, due to technical, regulatory and other restrictions. You may not use any technology or technique, such as a VPN service, to obscure or disguise your location. We may use technologies to verify your geographic location and restrict access to the Services from other locations.
2.3. You may not use Mistplay’s Services if you: i) are located in a country that is subject to embargo by the U.S. or other similar authority (“Sanctioned Country”), or ii) are subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury or the Consolidated Canadian Autonomous Sanctions List), the European Union or its Member States or other applicable government authority. Any violation of this section may result in loss of features, up to and including termination of User’s account. User will indemnify Mistplay for any costs, fines or damages incurred by Mistplay due to User's failure to comply with this paragraph.
2.4. Mistplay is not liable for any delay or failure to perform under this Agreement resulting from causes beyond Mistplay’s reasonable control, such as acts of God, war, government mandates, pandemics, failure of transportation, communication or suppliers of goods or services. This limitation does not apply to Mistplay’s performance of its payment obligations under this Agreement.
CHANGES TO THE AGREEMENT
3.1. We reserve the right to update and change this Agreement at any time. You can always review the last updated version of the Agreement at https://www.mistplay.com/terms-of-use. If we materially change this Agreement, we will provide you with reasonable advance notice and the opportunity to review the changes, except: i) when we launch a new product or feature, or ii) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. While your continued use of our Services means that you agree with such changes, we may from time to time ask you to affirmatively accept updates to this Agreement. If you do not agree to new terms, please stop using the Services and delete the mobile app.This paragraph does not apply to Section 11 (Dispute Resolution by Binding Arbitration).
3.2. If your residence is in the European Union, the foregoing provisions under Paragraph 3.1 do not apply. In that case only the provisions in the below EU ADDENDUM under “CHANGES TO THE AGREEMENT” apply to you.
LICENSE
4.1. During the Term, Mistplay’s Services are licensed to you, not sold. Under these Terms, Mistplay grants you a limited and revocable license that is non-exclusive, non-transferable and non-sublicensable. You agree that Mistplay has all rights, title and interest in and to all the intellectual property rights in the Services.
4.2. Unless you have express authorization from Mistplay, you may not: i) copy, modify or distribute any part of the Services, ii) reverse engineer or attempt to reconstruct or discover any source code or other data, except your own personal account information, from the Services, iii) use unauthorized modified versions of the Services, including without limitation, for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Services, or iv) remove any product identification, copyright or other notices from the Services.
4.3. In providing Services, Mistplay may recommend, provide you with access to, or enable third party software, applications, products, services, or website links or web tools (collectively, “Third Party Components”), including games developed by Game Partners. We do not control these Third Party Components and games or the features provided through them.
4.4. The privacy practices and terms of use that govern your use of and access to Third Party Components are solely between you and the applicable third-party provider (“Third Parties”) which includes Game Partners. It is your responsibility to read and comply with all terms and policies set by Third Parties.
4.5. Our link to and offer of such Third Party Components does not indicate any approval or endorsement by us of any linked website content or any material within Third Party Components. We disclaim all liability for such use of Third Party Components and for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages. These limitations shall apply even if Mistplay has been advised of the possibility of such damages. You acknowledge that Mistplay is not a processor to any Third Parties, and Mistplay is a separate controller with respect to the Services and data processed in connection with the Services.
4.6. All modifications, extensions, scripts and other derivative works of the Services provided or developed by Mistplay are owned exclusively by Mistplay or its licensors. If you provide us with any suggestions, creative ideas, or other feedback related to the Services offered now or in the future (collectively, “Feedback”), we will be entitled to use that Feedback without restriction. You agree that we are under no obligation of confidentiality or to credit you with respect to Feedback you provide, even if you state such restrictions in your submission.
REWARDS
5.1. Mistplay Users earn Units and digital items in exchange for certain activities such as playing games, reaching gameplay milestones, completing tasks (e.g surveys, tutorials or inviting a friend) and participating in virtual events. The amount of Units and digital items earned for actions with the Services and in games discovered through Mistplay varies and is not the same for all Mistplay Users. Different Users might receive different amounts of Units, even for identical actions or interactions. We may use artificial intelligence and machine learning tools to analyze behavior, tailor the Rewards Program for Users and set rates or multipliers at which Units accumulate based on factors such as account sign-up information and preferences, specific game selected for play or interactions with the Services. Users do not earn Units for time spent in game, but rather for real gameplay, achievements, and participation. A certain number of Units may be made available to you to collect when you access the Services for the first time and later through certain features inside the Services.
5.2. Operation of the Service (including our ability to generate revenues and fund your rewards) requires that Mistplay detects and records your game-related information. Mistplay collects certain Gameplay Data from your device and related software or applications when you play games opened through Mistplay, and in some cases, may also receive certain supplemental gameplay data from the third party Game Partner.
5.3. Users can redeem Units for different rewards Mistplay makes available in the catalog for each User. The rewards may include gift cards, gift certificates, prepaid cash cards, content codes or sweepstakes entries (collectively “Rewards”). The representative value of Units will be applied against the pre-tax purchase amount (i.e., excluding taxes, fees, and shipping and handling charges) for each Reward. You are responsible for all federal, state, and local taxes and any other costs of accepting and using the Reward.
5.4. The specific requirements to earn Units may be viewed within the Services or where we present an opportunity for you to earn Units. Restrictions apply to earning Units, digital items and ultimately Rewards, including: i) your ability to participate the Rewards Program itself, ii) the allowable frequency of activities, iii) the number of Units you can earn for a given activity, iv) the activities or Rewards available, v) the number of Units required for particular Rewards or vi) the number of Units or Rewards you can earn during a given time frame, which is also subject to the limits Game Partners place on providing information about certain Gameplay Data (e.g. in-app purchases). In-game purchase history in eligible games counts for Users to earn Units or Rewards only where Mistplay receives Gameplay Data from Game Partners.
5.5. Units cannot be redeemed for cash or in any way resold, exchanged or returned for a cash refund, unless required by law. Units are promotional and have no cash, monetary or other value. While we may use terms like "buy", "purchase", "earn" or "currency" to reference Units, we do so only for convenience and such terms in no way indicate that Mistplay is offering real-world fiat currency. You may redeem an aggregate amount of up to $550 USD of gift cards or other rewards per calendar year. We may limit the amount of Units you can receive, and Units may be time-limited or can expire. If you do not earn any units within a 180 day period, your Units will expire and will not be available to redeem for Rewards. We provide up to thirty days notice of Units expiration in an account that is not terminated, if notice is required under laws that apply to you.
5.6. To redeem your Units for Rewards, you will have to visit the dashboard within the Services to see your available Units and select from the catalog, those Rewards available to you. Mistplay is not a party to any legal transactions or financial transactions carried out between the User and a Gaming Partner or any other Third Parties, even though Gameplay Data includes in-app purchase history for games.
5.7. We are not responsible for any improper fulfillment of an obligation by the Gaming Partner or any Third Parties which you should contact directly for customer support for problems with games or any Third Party Components (e.g. when Game Partner does not send information to Mistplay to assure usage is tracked for earning Units). You understand that we are not liable for the activity of the companies or Third Parties that offer gift cards or other items. Mistplay is not responsible for any lost, stolen or malfunctioning Rewards except to the extent caused by gross negligence or willful misconduct of Mistplay. For instance, you may be required to use the gift cards within a particular time period, and there may be limitations to their use or redemption. You should carefully read any terms and policies that may apply, as they are separate from this Agreement, and also separate from your relationship with Mistplay.
5.8. Units earned through the Services are not valid for any other program and may not be used in combination with any other program offered by Third Parties. Also, Units earned within the Android application cannot be combined with those a User earns through Mistplay’s progressive web application available to Users not accessing the Services through the Google Play Store. Units are non-transferable between accounts (except to Mistplay as provided in the “Donations” section below). An opportunity to redeem a number of Units for a donation to be made by Mistplay to a charitable and/or other not-for-profit cause or organization may be made available from time to time to User via the Platform (each a “Donation”). User agrees that if User chooses to redeem Units for such a Donation, all applicable terms presented on the Platform for such Donation shall apply in addition to these Terms and that User’s Units will be reduced as per the applicable terms of such Donation. Each and every Donation will be made by Mistplay Inc. Users who redeem Units for Donation through Mistplay are not eligible for a tax receipt. Mistplay is unable to refund Units once you have accepted to redeem Units for a Donation.
5.9. We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program and to run tests or experiments to evaluate the effectiveness of different reward structures, incentives and other features available through our Services. This testing may include varying the type, frequency, and value of Units and Rewards offered. Mistplay may post additional rules that apply to your participation in the Rewards Program and how to earn points and rewards, when using our Services.
CONTESTS AND PROMOTIONS
6.1. We may, in our sole discretion, run certain contests and promotional activities (together “Promotions”) for Users from time to time. Such contests may offer event participation, promotional Units or incentives for certain User actions, such as reaching certain milestones in playing games or completing tasks in connection with the Rewards Program.
6.2. Certain Promotions (e.g. contests or sweepstakes) are available only in jurisdictions where applicable laws permit them. Units earned through Promotions will be applied to your account after meeting specific requirements set out in the terms and conditions that apply to each Promotion (“Promotion Terms”) and will apply in addition to these Terms. The specific number of Units or other digital items available from a Promotion will be provided in applicable Promotion Terms.
6.3. Unless specified in the Promotion Terms: i) Promotions expire at 11:59 EST on dates specified by Mistplay, ii) Units from Contests cannot be earned on prior actions you take and may not be combined with other Contests, iii) if you qualify for multiple Promotions, Units will be calculated only from the Promotion where you earn the highest number of Units. Other requirements, conditions and exclusions may apply. When you participate in a Promotion, it is your responsibility to check the Promotion Terms.
PROCESSING OF PERSONAL DATA
7.1. Mistplay collects information about your device, connectivity and use of the Services to allow us to validate eligibility for an account, run Promotions, determine your level of Rewards and identify bugs and crashes that may affect your Use of the Services. With respect to the Services and data processed under this Agreement. Mistplay is a separate business/controller, within the meaning of applicable laws.
7.2. When you access a game in our Services, use features allowing the accumulation of Units, or participate in the Rewards Program, you direct us to collect, receive and process such Gameplay Data during your use of the game and for the Game Partner to transfer to us any Gameplay Data related data, until you close Mistplay or end your session. You acknowledge that the collection, transfer to Misplay, and processing of certain Gameplay Data may be a condition of your participation in our Rewards program and use of certain features of the Services. Certain features and programs may be unavailable to you, if you do not agree to the collection and processing of Gameplay Data, or enable functions that permit collection of Gameplay Data.
7.3. To prevent fraud at redemption, we may require Users to share exact geolocation with us and/or provide access to a video-selfie. You can continue to use all other features of the Services without performing the required human/identity verification. However, you may be unable to redeem Rewards in the catalog.
7.4. For full details about how Mistplay collects, stores and uses personal and other information, please see our Privacy Policy at https://www.mistplay.com/legal/privacy.
RULES OF CONDUCT
8.1. You are required to comply with the applicable laws at all times when using the Services. In particular, the following restrictions apply to your use of the Services. You are not allowed to:
Create multiple accounts, unless Mistplay makes an exception for certain parts of the Services.
Transfer or sell a User account to third parties.
Use your account on behalf of any third party or any individual, including someone not eligible for use of the Services as defined above.
Allow any other person to access your account.
Access your account for any purpose other than personal use and not for any business or commercial purpose.
Use a virtual private network (“VPN”), proxy or any other means to obscure the true source of traffic or your location when using the Services.
Make use of any means to circumvent the proper functioning of the Services, including but not limited to the following: i) any electronic means such as an internet bot or web robot (“Bot”) to generate automated views, clicks or conversions, ii) software, that allows a user to falsify data relating to their phone's input, or that allows the user to appear to be using their phone when in reality they have left it idle (e.g. autoclicker and autoscrolling programs), iii) an emulator of any kind to access the Services, regardless of the platform on which the emulator is being used, iv) software that can be used to modify games, or software that can unlock in-game content for free that would otherwise need to be purchased, v) any means to distribute harmful or malicious computer code (e.g. viruses) via or into the Services; vi) an account with a rooted device or any device for which the user has been granted root access or privileged control (rooted devices are not supported devices and may at any time be blocked from us).
Use disposable email addresses that automatically forward messages to an alternate address, or that can automatically visit and open verification links that are sent to them.
Access the Services through: a means other than Google Play Store from an Android mobile phone or tablet, the progressive web application on other devices or through software Mistplay develops for applications provided through third parties.
Use any element of the Services in a Sanctioned Country.
Select a username, persona or bio that is used by, or impersonates, someone else or that Mistplay determines is vulgar or offensive or violates someone else's rights.
Engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Services.
Use the Services in any way that violates Community Guidelines or that is contrary to applicable local, state/provincial, federal and foreign laws, including without limitation those relating to privacy, electronic communications and anti-spam legislation.
8.2. Any account, device or User that appears to operate in violation of Section 8 (Rules of Conduct) is in material breach of this Agreement and may be suspected of, and reported to the authorities for, fraudulent activity. If we reasonably believe that usage, in-game play or Units gained are the result of any fraud, illegality or violation of these Terms, including the RULES OF CONDUCT, we will investigate and take action, including but not limited to removing any Units, suspending access to an account or permanently blocking an account or device, with notice, if required by law. We will consider in good faith any information from the User to show that the account has been used without fraud. If you have questions about Mistplay’s assessment of your account’s compliance with Section 8 (Rules of Conduct) contact us at https://support.mistplay.com.
SUSPENSION AND TERMINATION
9.1. You may stop using the Services at any time, for any reason, by uninstalling the Mistplay mobile application or discontinue use of any web-based products or the Services.
9.2. Mistplay reserves the right to temporarily suspend or permanently terminate this Agreement and your account if: i) we are required to do so to comply with a legal requirement (e.g. U.S. sanctions laws) or a court order, ii) we believe with reason that there has been conduct that creates (or could create) liability or harm to Mistplay or its affiliates, any User or third party, or iii) you materially or repeatedly breach terms of this Agreement (e.g. breach of Section 8).
9.3. In addition, we reserve the right to, without notice, terminate any account which has been inactive for a consecutive period of eighteen (18) months. An account is deemed inactive when: i) no Units have been earned or redeemed and ii) there has been no access or attempt to access the Services (together “Inactive Accounts”). If the Inactive Account contains any Units or Rewards, they will be considered void subject to notice, only if required by local law.
9.4. After your account is terminated, you will not be able to access the Services and may not participate in any of the Services again without Mistplay’s express permission. Any Gameplay Data, virtual items, accumulated Units or balances may no longer be available to you. Termination of this Agreement by Mistplay will not limit User's obligation to pay any outstanding fees, if applicable, nor restrict Mistplay from pursuing any other remedies available to it, including injunctive relief. You acknowledge that you will not receive money or any other form of compensation for unused Units when your account is closed.
9.5. If your residence is the European Union, Paragraphs 9.1-9.4 do not apply. In that case, only the provisions in the EU ADDENDUM under "SUSPENSIONS AND TERMINATIONS" apply to you concerning suspensions and terminations.
INTELLECTUAL PROPERTY
10.1. The Services contain copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Services are protected as a collective work and database under copyright and database laws.
10.2. Mistplay owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part.
10.3. Except if expressly permitted by applicable law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Mistplay and the copyright owner (if different from Mistplay). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark notice or copyright notice shall be made.
WARRANTY DISCLAIMER, LIMITATION OF LIABILITY, INDEMNITY
11.1. Mistplay works to keep the Services bug-free and safe; however, User agrees to use the Services at User’s own risk. To the fullest extent permitted by applicable law, the Services are provided “as is” and Mistplay does not make any specific warranties about the Services. For example, we do not warrant that the Serves are uninterrupted, accurate, free of content errors, viruses or other technologically harmful material that may infect your devices, software, data or networks. You are responsible for implementing sufficient procedures and controls to satisfy your particular security requirements.
11.2. Except as required by law, Mistplay expressly disclaims all warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
11.3. Except as required by law, Mistplay will not be responsible or liable for any kind of damages arising out of or in connection with your use, or inability to use the Services, access Rewards or any Third Party Services. Damages under this limitation of liability include direct, indirect, incidental, consequential, or punitive damages, including but not limited to personal injury (including death or epileptic seizure triggered by an advertisement of our Services), pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or an anticipated savings, loss of use, loss of goodwill, loss of data and whether caused by tort (including negligence) breach of contract, or otherwise, even if foreseeable. User further agrees that Mistplay shall not be liable to User nor to any third party for any termination of User access to the Services or deletion of User data. The limitation of liability does not apply to liability resulting from our gross negligence or willful misconduct.
11.4. You access the Services on your own initiative and are responsible for compliance with all local laws that apply to you. If you violate or breach any term within this Agreement or if you face a claim that your actions or content violated the rights of a third party, you agree to indemnify Mistplay, as permitted by law, for any losses, costs and damages, including reasonable attorney fees incurred by Mistplay due to such breach.
11.5. Section 11 (Warranty Disclaimer, Limitation of Liability, Indemnity) limitations of liability on Mistplay’s part apply also to Mistplay’s affiliates, officers, directors, employees and agents. The local laws that apply may include certain warranties as to conformity or exclusion or limitation of incidental or consequential damage or indemnification.
11.6. If your residence is in the European Union, the foregoing "WARRANTY DISCLAIMER, LIMITATION OF LIABILITY; INDEMNITY," Paragraphs 11.1-11.5 do not apply. In that case only the provisions in the EU ADDENDUM under "AVAILABILITY OF MISTPLAY SERVICES, LIMITATIONS OF LIABILITY" apply to you.
GOVERNING LAW AND LANGUAGE
12.1. These Terms shall be governed by and construed in accordance with the laws applicable in New York, New York, USA, to the exception of conflict of laws provisions. For disputes not subject to Section 13 (Dispute Resolution by Binding Arbitration, any actions or claims brought under this Agreement shall be brought before the competent state or federal courts located in New York, New York, USA.
12.2. The relevant governing law varies if you: i) are not a U.S. citizen, ii) do not reside in the U.S, iii) are not accessing the Services from the U.S, and iv) are a citizen of one of the countries covered in an Addendum that applies to you. In such cases, you hereby agree that any dispute or claim arising from this Agreement shall be governed by your country’s laws, without regard to any conflict of laws provisions. If you are a resident of any European Union country or the United Kingdom the governing law and forum shall be the laws and courts of your place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. Unless required otherwise under applicable law, the English-language version of this Agreement controls when interpreting this Agreement.
DISPUTE RESOLUTION BY BINDING ARBITRATION
These provisions under Section 13 apply to you if you are domiciled in and/or acquired and use the Services in the U.S.
13.1. BY ACCEPTING THE TERMS YOU AND MISTPLAY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
13.2. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM YOUR USE OF THE SITE AND THESE TERMS OF USE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
13.3. The arbitration will be by a single arbitrator administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
13.4. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will have discretion to include the payment of your or our arbitration costs and legal fees in any award.
13.5. You may elect to pursue your claim in small claims court rather than arbitration if you provide us with written notice (via first class mail to the address set forth below) of your intention to do so within sixty (60) days after your registration for our Service. The arbitration or small claims court proceeding will be limited solely to your individual dispute or controversy.
13.6. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR MISTPLAY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
13.7. These binding arbitration provisions shall not apply to the extent prohibited by applicable law, and if any provision of this Section is found unenforceable in any final, non-appealable decision by a court of competent jurisdiction, the unenforceable provisions will be severed and the remaining arbitration terms will be enforced, and any portion of any claims or actions which may be resolved by arbitration shall be so resolved, subject to all enforceable provisions of this Section.
GENERAL TERMS
14.1. If one or more of the provisions of this Agreement is held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality, and enforceability of the remaining provisions of this Agreement shall be unaffected.
14.2. Mistplay’s failure to require or enforce your performance of any specific term of this Agreement or our non-exercise of any right we have under this Agreement shall not be considered a waiver of our right to rely on that provision of the Agreement in any other instance.
14.3. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written, electronic, or oral communications, representations, agreements, or understandings between the parties with respect thereto. The headings in this Agreement have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof.
LOCAL LAW ADDENDUMS
EU ADDENDUM
1. CHANGES TO THE AGREEMENT
Mistplay may make changes to this Agreement from time to time. If Mistplay makes any changes to this Agreement that in Mistplay’s reasonable discretion are material, Mistplay will provide you with advance notice of such changes, such as by sending an email or providing a notice through our Services at least 30 days before the date they become effective. By continuing to access and use the Mistplay Services on or after the effective date of the revised Terms, you agree to be bound by the revised Agreement. Should you not agree to the revised Agreement, you must stop accessing and using Mistplay’s Services before the changes become effective.
2. SUSPENSIONS AND TERMINATIONS
2.1. Mistplay may terminate the Agreement with you at any time upon reasonable notice to you.
2.2. Mistplay and User’s right to terminate for cause remains unaffected. Cause for termination exists in particular if either party materially or repeatedly breaches these Terms, or violates laws or rights of third parties, and the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period, taking into account all circumstances of the individual case and after weighing the interests of both parties. Termination for cause is only possible within a reasonable time frame after the terminating party has become aware of the circumstances of the cause for termination.
If cause results from a breach of an obligation under this Agreement, termination is only permissible after a continued or repeated violation after a warning, in combination with the expiry of a reasonable period granted to remedy an ongoing violation. A warning and remedial period are not required if the other party seriously and finally refuses to fulfill its obligations or if, after weighing the interests of both parties, special circumstances justify immediate termination.
2.3. After your Account is terminated, you will no longer be able to access and use the Services. Any Gameplay Data, virtual items, accumulated Units or balances will no longer be available to you. You acknowledge that you will not receive money or any other form of compensation for unused Units when your account is terminated.
2.4. Mistplay may also suspend your account for a period of up to ninety (90) days while Mistplay investigates if i) Mistplay is required to do so to comply with a legal requirement (e.g. U.S. sanctions laws) or a court order, ii) we believe with reason that there has been conduct that creates (or could create) liability or harm to Mistplay or its affiliates, any User or third party, or iii) you materially or repeatedly breach terms of this Agreement (e.g. breach of Section 8 RULES OF CONDUCT of this Agreement).
2.5. You will be informed of the reason for the termination or temporary suspension of your account and given an opportunity to submit a complaint. You have the opportunity to clarify the facts and circumstances underlying such a measure electronically and free of charge through Misptlay`s internal complaint-handling system. You may task a body, organization or association that operates on a not-for-profit basis, is properly constituted in accordance with the law of a EU Member State and has a legitimate interest in ensuring compliance with EU Regulation (EU) 2022/2065 according to its statutory objectives, to submit complaints on your behalf. The possibility to lodge a complaint exists for a period of six months following the termination or suspension declaration. Mistplay cooperates with mediators and out-of-court dispute settlement bodies within the scope of its legal obligations in order to settle any disputes. Whenever mediation or out-of-court dispute settlement is available in a case, Mistplay will inform you about this possibility as well as about the respective competent bodies. When mediation or out-of-court dispute settlement proceedings are initiated, Mistplay and you will engage in good faith discussions with the selected body with a view to resolving the dispute. The decisions and proposals of the selected body shall not be binding for either party.
3. LIMITATIONS OF LIABILITY
3.1. Mistplay shall only be liable to the following extent: i) Mistplay shall be liable, without limitations, in accordance with the statutory provisions, 2) for damage arising from injury to life, body or health; in the event of intent or gross negligence; and in accordance with the Product Liability Act.
3.2. Without limiting any of the foregoing, Mistplay will be liable for ordinary negligence only for breach of a material obligation arising under this EU ADDENDUM. "Material" obligations in this sense are obligations which are necessary for the performance of the contract, the breach of which would jeopardize the purpose of the contract and the performance of which you may rely on. In these cases, liability is limited to typical and foreseeable damages; in other cases, there is no liability for ordinary negligence.
4. GOVERNING LAWS
If a claim or dispute arises out of or in connection with your use of the Mistplay Services as a consumer, you and Mistplay agree that you may bring your respective claim or dispute that you have against Mistplay, and Mistplay may bring our claim or dispute that Mistplay has against you, in any court located in the country of your principal place of residence that has jurisdiction over the claim or dispute, and that the laws of that country will apply.
LAST UPDATED and effective: August 25, 2021, v. 10
ACCEPTANCE OF TERMS
Please read these terms and conditions (this “Agreement” or these “Terms”) carefully. This Agreement is effective when the User clicks on the “AGREE & CONTINUE” button during the Mistplay account creation process (the “Effective Date”) and by doing so, User agrees to be bound by the terms of this Agreement.
These Terms constitute an agreement, which includes the privacy policy (“Privacy Policy”) and the community guidelines (“Community Guidelines”) by and between Mistplay inc., (“Mistplay” or “we”) and any individual user (the “User” or “you”) that uses or accesses the Services (defined hereinafter).
Mistplay reserves the right to update and change these Terms and the Services at any time and any new services, features or tools which are added to the current Services shall also be subject to the Terms of Use. You are advised to review these Terms from time to time for updates and changes that may impact you. Any use of the Services after such updates and changes will mean that you accept them. You can always review the last updated version of the Terms at https://www.mistplay.com/terms-of-use. Please also review from time to time our Privacy Policy at https://www.mistplay.com/privacy and our Community Guidelines http://www.mistplay.com/community-guidelines.
SERVICES
The Services offered by Mistplay under the Terms consist of the Mistplay website and mobile applications (the “App”) offering rewards to Users in exchange to download and review and/or use any game suggested in the App (the “Services”).
ACCOUNT & ELIGIBILITY
Some of the Services require that you sign up for a User account. Only one (1) User account may be set up per User. Only users 18 years or older are permitted to register for a User account. Transferring or selling a User account to third parties for their own purposes is not permitted. By using the Services, you represent and warrant that (a) all information you submit to Mistplay are truthful and accurate; (b) you will maintain the accuracy of all such information; (c) you will uphold and respect these Terms at all times; (d) your use of the Services does not violate any applicable law or regulation; (e) you will safeguard your account information and will supervise and be completely responsible for any use of your Account by you and anyone other than you. Your account may be deleted without warning at Mistplay’s sole discretion if we believe that you violate any of these Terms.
Some of the Services that we provide require that you enable the "Display of Other Apps" option. Enabling this option will allow us to better understand the types of games you prefer to play so that we can suggest to you other similar games. You will receive a notification if you need to enable this option.
Some of our Services that we provide allow for a “Guest” or “Continue as Guest” option allowing restricted access to the Service. We reserve the right to modify restrictions applied to certain features when accessing the Service through a Guest option. You will not have full, unrestricted access to all features of the Service without completing a sign up for a User account.
RULES OF USER CONDUCT
Our App contains a social feature allowing the User to interact with other User(s). All Users are subject to our Community Guidelines detailing the rules of user conduct with respect to interacting with other Users on our App. Mistplay reserves the right to restrict User access to the social feature or indefinitely ban a User account for violation of our Community Guidelines.
The User may only set up one account in the App. It is prohibited to create multiple accounts or transfer or sell a User account to third parties. You are not allowed to use a virtual private network (“VPN”), proxy or any other means to obscure the true source of traffic when using the Services. You are not allowed to use any other electronic means such as an internet bot or web robot (“Bot”) to generate automated views, clicks or conversions or employing any misleading practices such as repeated manual clicks to artificially inflate user activity and/or revenues when using the Services. Any User activity that uses a VPN, proxy or Bot will be considered as fraudulent activity and will be blocked by our fraud prevention system. The use of a VPN, proxy or Bot can cause your device to be permanently blacklisted and your User account to be either suspended or terminated.
Mistplay reserves the right to indefinitely ban any user found to be using an autoclicker program or any similar software that allows a user to falsify data relating to their phone's input, or that allows them to appear to be using their phone when in reality they have left it idle.
Mistplay reserves the right to indefinitely ban any user found to be accessing the application through an emulator of any kind, regardless of the platform on which the emulator is being used.
Mistplay reserves the right to ban any account associated with software that can be used to modify games, or software that can unlock in-game content for free that would otherwise need to be purchased.
Mistplay reserves the right to ban any account associated with disposable email addresses that automatically forward messages to an alternate address, or that can automatically visit and open verification links that are sent to them.
Mistplay reserves the right to nullify all units earned on any account that has been banned, and to disable the redemption of rewards on all banned accounts, regardless of the reason for which the account was banned.
Mistplay reserves the right to indefinitely ban any user found to be using a rooted device or any device for which the user has been granted root access or privileged control. Rooted devices are not supported devices and may at any time be blocked from us.
Mistplay reserves the right to reject any gift card purchase request issued from an account associated with a rooted device, or from any account banned for fraudulent activity.
Mistplay reserves the right to permanently ban any user account created by an individual under the age of 18.
Mistplay reserves the right to ban any account that appears to be using, downloading or accessing the app fraudulently. This includes but is not limited to users who download the App through a means other than the Google Play store, users with privileged control over their devices, users with suspicious third-party firmware on their device, users manipulating their IP address, users unable to complete the face verification or phone verification processes for fraud verification purposes, users using software that makes them appear active when they are idle, users accessing the app from an emulator of any kind, or any user attempting to fraudulently earn units through any means other than playing games.
It is prohibited to access the Mistplay application on any device other than an Android mobile phone or tablet and doing so can result in an account ban or rejection of an order.
TERM
This Agreement will remain in full force and effect while you use the Services and/or have a Mistplay account (the “Term”). You may stop using the Services at any time, for any reason, by uninstalling the App from your mobile device. Mistplay may terminate or suspend your account at any time without notice if Mistplay reasonably believes that you have breached this Agreement. After your account is terminated, this Agreement will terminate, except for the provisions of the sections labelled “Payment & Fees”, “Intellectual Property”, “No Liability”, “No Warranty”, “Indemnity”, “Severability, Force Majeure, Entire Agreement & Headings”, “Representations and Warranties”, and “Governing Law and Language”.
Upon termination of this Agreement, User shall discontinue its use of the Services. However, termination of this Agreement by Mistplay shall not limit User's obligation to pay any outstanding fees, if applicable, nor restrict Mistplay from pursuing any other remedies available to it, including injunctive relief.
User agrees that following termination of User’s account and/or use of the Services, Mistplay may immediately deactivate User’s account and delete User data and accumulated rewards. User further agrees that Mistplay shall not be liable to User nor to any third party for any termination of User access to the Services or deletion of User data. The foregoing shall not apply if such termination or deletion is attributable to Mistplay’s gross negligence or willful misconduct.
PAYMENT & FEES
User agrees to pay to Mistplay any fees for each Service that User purchases, uses, or subscribes to in accordance with the pricing and payment terms presented by Mistplay for such Service. Where applicable, you will be billed using the billing method selected by the User at the moment of purchase. Mistplay refunds as prescribed in the applicable law, and for more details, please refer to the respective webpage for sales.
REWARDS
Mistplay offers loyalty points, used as virtual currency in the Mistplay apps and referred to as “Units”, to Users in exchange for testing, reviewing and/or using the mobile games listed in the App. Mistplay does not reward for time spent in App but rather for real gametime. Leaving the App open does not constitute gameplay. Users can redeem Units for different rewards offered by Mistplay, such as gift cards, gift certificates, prepaid cash cards or content codes (collectively “Rewards”). The Rewards cannot be redeemed for cash or in any way resold, exchanged or returned for a cash refund, unless required by law. Rewards may be redeemed in countries where applicable merchants and services are available. Mistplay is not responsible for any valid Reward which user is unable to redeem due to their age, situation, or country of residence. Mistplay is not responsible for any lost, stolen, or malfunctioning Rewards except when it is caused by gross negligence or willful misconduct of Mistplay.
For all users 18 years or older, when redeeming a reward through our Shop, we may verify your face via a ‘video selfie’ using a third party face verification technology. We use this information exclusively for the purpose of fraud prevention and to ensure that prizes are not earned through bots, automated processes or fraudulent use of software. We will use your ‘video selfie’ exclusively for fraud prevention. Upon redeeming a reward from our Shop, you will be prompted to provide a video selfie using your mobile device’s camera. This video selfie provides us with a face map (a mathematical representation of your face generated through our third party provider, Facetec). This video selfie is encrypted on your mobile device before being sent to our servers for processing, and is linked to your user account to ensure the uniqueness of your user registration within the mobile application. If you do not want to redeem rewards through the Shop, you can continue to use all other features of the mobile application without providing a video selfie. For more information, please refer to our Privacy Policy available at https://www.mistplay.com/legal/privacy.
Until October 31, 2021, existing users between the ages of 13 and 17 years old will be required to provide a phone number to verify their account upon redeeming a reward through our Shop. We use this information exclusively for the purpose of fraud prevention and to ensure that prizes are not earned through bots, automated processes or fraudulent use of software. Upon redeeming a reward from our Shop, you will be prompted to provide a phone number, which is linked to your user account to ensure the uniqueness of your user registration within the mobile application. If you do not want to redeem a reward from our Shop, you can use all other features of the mobile application without providing your phone number.
DONATIONS
An opportunity to redeem a number of Units for a donation to be made by Mistplay to a charitable and/or other not-for-profit cause or organization may be made available from time to time to User via the App (each a “Donation”). User agrees that if User chooses to redeem Units for such a Donation, that all applicable terms presented in the App for such Donation shall apply in addition to these Terms and that User’s Units will be reduced as per the applicable terms of such Donation. Each and every Donation will be made by Mistplay Inc. Users who redeem Units for Donation through Mistplay are not eligible for a tax receipt. Mistplay is unable to refund Units once you have accepted to redeem Units for a Donation.
CONTESTS
Mistplay may from time to time launch certain Contests (each one a “Contest”) available to certain users from App. Contests are only available only in jurisdictions where applicable laws permit them, so you may or may not be able to participate in any Contest depending on your jurisdiction. Each available Contest will be subject to such Contest’s own terms and conditions (“Contest Terms”) which will apply in addition to these Terms. For each applicable Contest, please read the Contest Terms fully and carefully before participating. Each Contest is sponsored by Mistplay and Mistplay reserves the right to cancel, suspend, withdraw, or amend such Contest or the Contest Terms of a Contest in any way, without prior notice. It is the Contest entrant (the “Entrant”) responsibility to check the Contest Terms periodically for changes. An Entrant’s continued use of or participation in a Contest following the posting of any changes to the Contest Terms constitutes acceptance of those changes.
INACTIVITY
Mistplay reserves the right to delete without notice any account which has been inactive for a consecutive period of one hundred eighty (180) days. An account is deemed inactive when: (i) no Units have been redeemed or credited; (ii) no new referral sign-ups have occurred using the account’s referral link; (iii) there has been no access or attempt to access the Services. If the account contains any Units or Rewards, they will be considered void without notice.
LICENSE
During the Term, Mistplay grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services on the terms set forth in this Agreement. User agrees that all rights, title, and interest in and to all the intellectual property rights in the Services, and all modifications, extensions, scripts and other derivative works of the Services provided or developed by Mistplay are owned exclusively by Mistplay or its licensors. All rights not granted to User in this Agreement are reserved by Mistplay.
LICENSE RESTRICTIONS
NOTICE: For privacy and fraud prevention purposes, as of November 1, 2021, the Mistplay mobile application will no longer support existing user accounts of individuals under the age of 18. Current users under the age of 18 will be able to continue using the mobile application until this date. As of August 25, 2021, individuals under the age of 18 are prohibited from creating a Mistplay user account.
User shall not (i) create an Account or access the Service if they are under the age of 18; (ii) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of or used by the Services, by any means whatsoever; (iii) distribute viruses or other harmful or malicious computer code via or into the Services; (iv) engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Services; (v) remove any product identification, copyright or other notices from the Services; (vi) sell, lease, lend, assign, sublicense, grant access or otherwise transfer or disclose the Services in whole or in part, to any third party; (vii) use the Services for time-sharing, service bureau or hosting purposes or otherwise use, resell, sublicense, distribute or transfer or allow others to use the Services to or for the benefit of third parties; (viii) modify or incorporate into or with other software or create a derivative work of any part of the Services; (ix) use the output or other information generated by the Services for any purpose other than as contemplated by this Agreement; (x) use the Services for any use other than User’s internal business use; (xi) use unauthorized modified versions of the Services, including without limitation, for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Services; or (xii) use the Services in any way that is contrary to applicable local, state/provincial, federal and foreign laws, including without limitation those relating to privacy, electronic communications and anti-spam legislation. Mistplay retains all title to, and, except as expressly licensed herein, all rights to the Services, all copies, derivatives, and improvements thereof and all related documentation and materials.
INTELLECTUAL PROPERTY
The Services contain copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Services are copyrighted as a collective work under copyright laws. Mistplay owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Mistplay and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
CONFIDENTIAL INFORMATION
Mistplay and User shall each retain in confidence all information received from the other party pursuant to or in connection with this Agreement that the disclosing party identifies as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential ("Confidential Information"), and will make no use of such Confidential Information except as necessary to fulfill their respective obligations under the terms and during the term of this Agreement. Mistplay may collect some Confidential Information from User which includes, without limitation, their name, email address, age, gender, profile picture, social media profiles and payment information. The restrictions set forth above will not apply to (i) information previously known to the receiving party without reference to the disclosing party's Confidential Information, (ii) information which is or becomes publicly known through no wrongful act of the receiving party, (iii) information that is independently developed by either of the parties, or (iv) information required to be disclosed pursuant to applicable law.
PRIVACY POLICY
Data protection is important at Mistplay. Mistplay collects and treats User information in accordance with its Privacy Policy available at https://www.mistplay.com/privacy.
THIRD PARTY SERVICES
Mistplay may recommend, provide you with access to, or enable third party software, applications, products, services, or website links (collectively, “Third Party Services”) for your consideration or use. Such Third-Party Services are made available only as a convenience, and download, purchase, access, or use of any such Third-Party Services is solely between you and the applicable third-party services provider (“Third Party Provider”). Any use by you of Third-Party Services offered through the Services or the App is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third-Party Services before using them. Under no circumstances shall Mistplay be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages whatsoever, that result from any Third-Party Services or your contractual relationship with any Third-Party Provider. These limitations shall apply even if Mistplay has been advised of the possibility of such damages.
NO WARRANTY
Mistplay works to keep the services bug-free and safe but the user agrees to use the services at user’s own risk. Mistplay is providing the services “as is” and “as available” without any representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, neither mistplay, its affiliates nor any of their respective employees, agents, mandataries, third party content providers or licensors make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free.
All games featured in the Discover Weekly section of the app are recommended based on similar games that a user has installed on their device. The featured games are not hand-picked or vetted by Mistplay, and downloading these games carries the same risk as downloading any other game directly from the Google Play Store. Mistplay accepts no responsibility for any unintended consequences of selecting a game from the discover weekly playlist.
NO LIABILITY
In no event shall Mistplay or its respective suppliers or affiliates be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, or any damages or loss arising from the services provided by third party providers, whether in an action of contract, negligence or other civil liability action, arising out of or in connection with the use of any software, program or platform provided as part of the services except in the case of intentional or gross fault.
To the extent your data is used for research purposes, the limitation of liability clause above and the indemnity clause below are waived with respect to any harms suffered or liabilities incurred as a result of such research activities.
INDEMNITY
User agrees to defend, indemnify, and hold harmless Mistplay, its affiliates and their respective directors, officers, employees, agents, and mandataries from and against all claims and expenses, including without limitation, attorneys' fees (collectively the “Costs”), to the extent that such Costs are attributable to any breach by User, of any representations, warranties, or other obligations set forth in this Agreement or arising out of the use of the Services by User.
GOVERNING LAW AND LANGUAGE
These Terms of Service shall be construed in accordance with the laws applicable in the province of Quebec, Canada, without regard to its conflict of laws rules. User hereby agrees, for any dispute or controversy arising under or in connection with this Agreement or resulting from the Services or Corporation’s website shall be settled exclusively by arbitration in Montreal (Canada), in accordance with the Code of civil procedure of the province of Quebec (CQLR c C-25.01).
The parties to this Agreement confirm that it is their wish that: (1) this Agreement and all other related documents be prepared in English; (2) any litigation or dispute resolution proceeding be held in English; and (3) any litigation or dispute resolution document or court filing be drafted in English only.
SEVERABILITY, FORCE MAJEURE, ENTIRE AGREEMENT AND HEADINGS
If one or more of the provisions of this Agreement is held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality, and enforceability of the remaining provisions of this Agreement shall be unaffected. Neither party shall be deemed in default or otherwise liable for any delay in or failure of its performance under this Agreement (other than payment obligations) by reason of any act of God, fire, natural disaster, accident, act of government, shortage of materials or supplies, failure of transportation or communication or of suppliers of goods or services, or any other cause to the extent it is beyond the reasonable control of such party. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written, electronic, or oral communications, representations, agreements, or understandings between the parties with respect thereto. The headings in this Agreement have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof.
REPRESENTATIONS AND WARRANTIES
User represents and warrants that currently and throughout the Term (i) it is fully authorized to enter into this Agreement and that User is fully authorized to use the Services; and (ii) User is and will remain in compliance with all applicable laws and regulations with respect to its activities related to this Agreement, including but not limited to privacy laws. User agrees to comply with all of Mistplay’s policies and all laws, rules and regulations relating to the use of the Services. Any violation of this section may result in loss of features, up to and including termination of User’s account. User will indemnify Mistplay for any costs, fines or damages incurred by Mistplay due to User's failure to comply with this section.