Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the mobile applications, games, websites and related services (collectively, the "Services") provided by YALP GAMES LLC ("YALP GAMES", "we", "us" or "our").

By downloading, installing, accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not access or use the Services.

We may update these Terms from time to time. If we make material changes, we will notify you by revising the date at the top of these Terms and, where appropriate, by providing additional notice within the Services. Your continued use of the Services after the changes become effective constitutes your acceptance of the revised Terms.

2. Eligibility

Use of the Services is limited to users aged 13 years and above, except in the European Economic Area, where the Services are limited to users aged 16 years and above. By accepting these Terms and using the Services, you warrant that you meet the applicable minimum age requirement.

If you use the Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on their behalf.

3. License to Use the Services

Subject to your compliance with these Terms, YALP GAMES grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use the Services on a compatible device that you own or control, solely for your personal, non-commercial entertainment purposes.

You agree that you will not, and will not permit any third party to:

• copy, modify, adapt, translate or create derivative works of the Services;
• reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Services;
• rent, lease, sell, sublicense, distribute or otherwise transfer the Services to any third party;
• remove, obscure or alter any proprietary notices contained in the Services;
• use the Services for any commercial purpose without our prior written consent;
• use cheats, exploits, automation software, bots, hacks or any unauthorized third-party software designed to modify or interfere with the Services;
• interfere with or disrupt the Services, servers or networks connected to the Services;
• use the Services in any manner that violates applicable law or these Terms.

4. Virtual Items and In-App Purchases

The Services are free to play but may include optional in-app purchases of virtual currency, virtual goods or other virtual items ("Virtual Items"). Virtual Items are licensed to you, not sold. You receive a limited, non-transferable, revocable license to use Virtual Items solely within the Services.

Virtual Items have no monetary value, cannot be exchanged for real money, goods or services outside of the Services, and are non-refundable except as required by applicable law or by the policies of the platform through which you made the purchase (such as the Apple App Store or Google Play).

All purchases are processed by the applicable platform provider, and the platform's payment terms apply. We may change, manage, regulate or remove Virtual Items at any time, with or without notice, and we shall have no liability to you for doing so.

5. Intellectual Property

All rights, title and interest in and to the Services, including without limitation all games, titles, computer code, themes, objects, characters, character names, stories, dialogue, artwork, animations, concepts, sounds, music, audio-visual effects, documentation and associated intellectual property, are owned by or licensed to YALP GAMES and are protected by copyright, trademark and other intellectual property laws.

Nothing in these Terms grants you any right, title or interest in the Services except for the limited license expressly set out in Section 3.

6. Third-Party Services

The Services may include features provided by third parties (such as sign-in via Facebook, Apple Game Center or Google Sign-In, advertisements, analytics and social sharing features) or contain links to third-party websites or resources. Your use of such third-party features is governed by the terms and policies of the respective third party.

YALP GAMES is not responsible for the content, products or services available from third parties, and you acknowledge sole responsibility for and assume all risk arising from your use of any third-party services.

7. Advertisements

The Services may display advertisements provided by YALP GAMES or third-party advertising partners. The manner, mode and extent of advertising within the Services are subject to change without specific notice to you. Information about how advertising partners may process your data is available in our Privacy Policy.

8. Updates and Availability

We may from time to time provide updates, patches or new versions of the Services, and may require that you install them to continue using the Services. We do not guarantee that the Services will be available at all times, in all locations or on all devices, and we may suspend, withdraw or restrict the availability of all or any part of the Services for business or operational reasons.

9. Termination

You may stop using the Services at any time by uninstalling the App from your device.

We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe that you have violated these Terms, or where necessary to protect the Services, other users or YALP GAMES. Upon termination, the license granted to you under these Terms will immediately cease, and you will lose access to any Virtual Items without refund or compensation, except as required by applicable law.

Sections of these Terms that by their nature should survive termination (including Sections 5, 10, 11, 12 and 13) shall survive.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YALP GAMES DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YALP GAMES, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF YALP GAMES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO YALP GAMES WITHIN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR, IF YOU HAVE NOT MADE ANY PAYMENTS, ONE HUNDRED US DOLLARS (USD 100)).

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Indemnification

You agree to indemnify, defend and hold harmless YALP GAMES, its affiliates and their respective directors, officers, employees, agents and licensors from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) arising from:

• your use or misuse of the Services;
• your violation of these Terms;
• your violation of any rights of a third party or of any applicable law.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Ukraine, without regard to its conflict of law provisions, except where the mandatory consumer protection laws of your country of residence provide otherwise.

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at contact@yalp42.games. We will attempt to resolve the dispute informally by contacting you through email. Any dispute that cannot be resolved informally shall be submitted to the competent courts, unless applicable law requires otherwise.

14. General Provisions

These Terms, together with our Privacy Policy and any additional terms you agree to when using specific features of the Services, constitute the entire agreement between you and YALP GAMES regarding the Services.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

You may not assign or transfer these Terms or any rights granted hereunder without our prior written consent. We may assign these Terms without restriction. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and YALP GAMES.

15. Contact

If you have any questions about these Terms, please contact us: