TERMS OF USE

1. Acceptance of Terms

Welcome to the online gaming services ("Services") provided by Pagsmile Limited - Unipessoal Lda (referred to as “Pagsmile Limited”, “we,” “us,” or “our”) and its affiliated entities. These Terms of Use (“Terms”) govern your access to and use of our website, mobile games, and all related software, content, and services. By accessing our website, downloading, installing, or using any of our games, or otherwise engaging with our Services, you ("you" or "user") agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to use our Services, and you must refrain from any further access or use. Your acceptance of these Terms constitutes a binding agreement between you and Pagsmile Limited.

2. Amendments to Terms

Pagsmile Limited reserves the exclusive right, at its sole discretion, to modify or amend these Terms at any time. Any changes to the Terms will become effective immediately upon posting on our website. It is your responsibility to regularly review these Terms to ensure your continued compliance. Your continued use of the Services following any modifications constitutes your acceptance of the revised Terms.

3. Service Modifications and Termination

Pagsmile Limited retains the right to modify, suspend, or discontinue any aspect of our Services, including website content, game features, or accessibility, at any time without prior notice. We also reserve the right to restrict or terminate your access to our Services for any reason, at our sole and absolute discretion. You agree that we will not be liable to you or any third party for any modification, suspension, or termination of the Services.

4. License Grant

Subject to your compliance with these Terms, Pagsmile Limited grants you a non-exclusive, non-transferable, limited, and revocable license to access and use our software and Services for personal, non-commercial purposes only. This license does not convey any ownership rights in the software or Services and may be revoked by Pagsmile Limited at any time for any reason.

5. Intellectual Property Rights

All content made available through our Services, including but not limited to software, games, graphics, text, logos, audio-visual materials, and in-game assets ("Content"), is the exclusive property of Pagsmile Limited or its licensors and is protected by international copyright laws, trademarks, and other proprietary rights. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit our Content, except as explicitly authorized by Pagsmile Limited in writing. You acknowledge and agree that Pagsmile Limited retains all intellectual property rights to our Services. All rights not expressly granted in these Terms are reserved.

6. User-Generated Content

Where our Services permit the creation or posting of user-generated content (“UGC”), you grant Pagsmile Limited a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, modify, reproduce, adapt, distribute, and publicly display your UGC for any purpose, including commercial purposes. You further waive all moral rights you may have in your UGC. You represent and warrant that you own or otherwise control all rights to the content you upload and that your UGC does not infringe upon the intellectual property or privacy rights of any third party.

7. Virtual Currency and Items

Our Games may include virtual in-game currency (“Virtual Currency”) and virtual in-game items (“Virtual Items”) that can be purchased with real money. Your acquisition of Virtual Currency or Virtual Items constitutes a limited, revocable, non-transferable license to use them within the Games, and you acknowledge that you do not own them. Pagsmile Limited reserves the right to manage, modify, or eliminate Virtual Currency or Virtual Items at its sole discretion, and you will not be entitled to any compensation or refunds for losses incurred. Transactions for Virtual Currency are processed by third-party payment providers, and you are bound by their terms of use. Virtual Currency and Virtual Items have no real-world monetary value and cannot be exchanged for real money or other items of value outside the Games. Any transfers of Virtual Currency or Virtual Items outside the games are strictly prohibited. All prices and sales of Virtual Currency and Virtual Items are final.

8. User Conduct

You agree to use our Services responsibly and in compliance with all applicable laws and regulations. You must not engage in any of the following activities:

• Violate the intellectual property rights of Pagsmile Limited or third parties.
• Transmit or post any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically, or otherwise objectionable.
• Share or reveal any user’s personal information without their explicit consent.
• Engage in cheating, exploit glitches, or use unauthorized third-party software.
• Purchase, sell, or rent user accounts or any other in-game assets for real money.
• Impersonate other users or Pagsmile Limited personnel.
• Any form of speech, action, or expression that disparages or shows disrespect towards the religious beliefs or practices of any individual or group.
• Interfere with the security or functionality of our Services.
• Disrupt or impede other users' enjoyment of the game.
• Use the game for commercial purposes without explicit authorization.
• Attempt to bypass any security measures implemented by the Company.

Pagsmile Limited reserves the right to monitor user content and activity and to take disciplinary actions, including termination of accounts, in response to violations of these Terms.

9. Account Registration and Security

To access certain features of the Services, you may be required to create an account (“Account”). You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must not share your account details with any third party or use another user's account. If you become aware of any unauthorized use of your account, you must notify Pagsmile Limited immediately. Pagsmile Limited is not liable for any losses or damages arising from your failure to protect your account information.

10. Minors

You must be of the minimum age required by applicable law to use our Services independently, or, if younger, with the consent of a parent or legal guardian.

11. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. PAGSMILE LIMITED HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAGSMILE LIMITED AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE PRECEDING TWELVE (12) MONTHS FOR THE USE OF OUR SERVICES.

13. Indemnification

You agree to defend, indemnify, and hold Pagsmile Limited and its affiliates, officers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of our Services, your breach of these Terms, or your violation of any applicable law or the rights of any third party.

14. Applicable Law and Dispute Resolution

These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of Portugal, without regard to conflict of laws principles. Any disputes arising out of these Terms shall be resolved through binding arbitration in accordance with the rules of the Portuguese Arbitration Association (Associação Portuguesa de Arbitragem) and in accordance with its Arbitration Rules.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that comes as close as possible to the intentions of the original provision.

16. Entire Agreement

These Terms constitute the entire agreement between you and Pagsmile Limited with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.

17. Contact Information

If you have any questions about these Terms or our Services, please contact us at: [email protected]

18. Supplemental Policies

Pagsmile Limited may implement additional policies related to specific services (including but not limited to forums, contests, or loyalty programs). Your right to use such services is subject to the pertinent policies and these Terms of Use.

19. Your Consent

YOU AGREE THAT YOUR USE OF THE INFORMATION, CONTENT, OR SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
BY ACCESSING AND/OR USING THE SERVICES, YOU CONSENT TO OUR USE OF ANY INFORMATION THAT YOU PROVIDE TO US OR THAT WE COLLECT FROM YOU IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, DO NOT ACCESS AND/OR USE THE SERVICES.

YOU CONFIRM THAT YOUR CONSENT IS VALID, FREELY GIVEN, SPECIFIC, INFORMED AND ACTIVE.
THIS CONSENT YOU GIVE US BY A CLEAR AFFIRMATIVE ACTION.