Please read these before playing our Games!
Effective Date: November 10, 2022
The terms of this agreement ("Terms of Service") govern the relationship between you and "Audify Tech Pvt. Ltd." having its registered office at Prestige Technostar, Building 3, Level 8, Whitefield, Bengaluru 560048 (from now on "Audify Tech" or "Us" or "We" or “Our”) regarding your use of our games, websites and related services. Audify Tech’s Privacy Policy and other relevant policies govern the use of our service, which are comprised herein by reference.
Before accessing or using our service, including browsing Audify Tech’s website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the service. Registering for an account or using the service conveys that you are 13 or older. If you are between 13 and 18, you represent that your legal guardian has reviewed and agreed to these Terms. If you access our service from a Social Networking Site ("SNS"), such as Facebook or Google+, you shall concede with its terms of service/use and our Terms of Service.
By installing, utilizing, or otherwise accessing the service, you agree to these terms of service. If you do not agree to these terms of service, please do not install, use, or otherwise access the service. Use of the service is void where restricted.
Audify Tech reserves the right, at its discretion, to change, alter, add or dismiss portions of these Terms of Service, its Privacy Policy, and other relevant Audify Tech’s policies at any time by posting the amended terms on the Audify Tech service. You would have to accept such changes by resuming the service. If at any point you do not consent to any portion of the then-current version of our Terms of Service, the Audify Tech Privacy Policy, or any other Audify Tech’s policy, rules, or codes of conduct linking to your use of the service, your license to use the service shall instantly end, and you must directly stop using the service.
1.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Audify Tech’s policies, Audify Tech grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the service for your non-commercial entertainment purposes. You agree not to use our service for any other purpose.
The following restrictions apply to the use of our service:
You shall not create an account or access the service if you are under the age of 13; You shall restrict use by minors and deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the services by minors. You are responsible for using your debit/credit card or other payment instruments (e.g., PayPal) by children.
You shall not (or attempt to) purchase, sell, rent or give away your account, create an account using a false identity or information, or on behalf of someone other than yourself. You shall not use our service if we previously have banned or removed you from playing any of our games.
You shall use your account only for non-commercial purposes. You shall not use our service to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail, or repetitive or misleading messages to anyone.
Login information and Your Account
You may be required to select a password for your account or use other credentials to access the account ("Login Information"). You shall not share the account or login information, nor let anyone else access your account or do anything else that might jeopardize the security of your account. In case you become aware of or reasonably suspect any security breach, including any loss, theft, or unauthorized disclosure of the Login information. In that case, you must immediately notify Audify Tech and modify your login information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your account.
Audify Tech reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.
Our service supports only one account per game on a supported device.
License Limitations
Any use of the service in violation of these License Limitations is strictly prohibited, can immediately revoke your limited license, and may subject you to liability for law violations.
You agree that you will not, under any circumstances:
2.1. Games and Service
All rights, titles, and interest in and to the service (including without limitation any games, titles, computer code, themes, assets, characters, animations, concepts, artwork, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using our game client, and our game clients and server software are owned by us. Audify Tech reserves all rights, including, without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the service.
2.2. Accounts
Notwithstanding anything to the contrary, you acknowledge and agree that you shall have no ownership or other property interest in the account. You further acknowledge and agree that all rights in and to your account shall forever be owned by and inure to the benefit of Audify Tech.
2.3. Virtual Items
Audify Tech owns licensed rights to use all of the content that appears in the service or our games. You also agree that you have no right in or to any content in the service, including the virtual goods or currency appearing or originating in our games, whether earned, purchased from us or any other associated attributes with an account.
You should also read our Privacy Policy. The Privacy Policy explains how we use your personal data. If you wish to buy any virtual currency or items in our Services, you should read our Audify Virtual Items Terms and Conditions. If you wish to buy any recurring subscriptions in our Services ("Subscriptions"), you should read our Subscription Terms and Conditions. If you wish to link Audify Games to your website, you should read our Audify Webmaster Terms.
3.1. Submission of User Content
"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through our game client or the service or that other user upload or share, including without limitation any text chat/voice. By sending or submitting any User Content while using our service, you affirm, represent, and warrant that such transmission or submission is:
4.1. Purchases
In our service, you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use:
You understand that our service is an evolving one. Audify Tech may require that you accept updates to the service and the games you have installed on your device or computer. You acknowledge and agree that Audify Tech may update the service and our games, with or without notifying you. You may need to update third-party software from time to time to receive the service and play our games.
Without limiting Audify Tech's Liability under section 7 below, the service is provided on "as is" and "as available" basis for your use, without warranties of any kind, explicit or implied. Audify Tech do not warrant that you can access or use the service at the times or locations of your choosing. Also, the service will be uninterrupted or error-free; that defects will be corrected, or the game or service will be free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
To the maximum extent permitted by law, Audify Tech shall not be liable to you for any indirect, incidental, consequential, special, punitive, or other similar damages, including but not limited to loss of revenues, lost profits, lost data, or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these terms of service or the service itself, whether based on contract, tort or any other legal theory, and whether or not Audify Tech has been advised of the possibility of such damages. You acknowledge and agree that if you have not paid anything to Audify Tech, your sole remedy (and Audify Tech's exclusive liability) for any dispute with Audify Tech is to stop using the service and cancel your account. Nothing in these terms of service shall affect the statutory rights of any consumer or exclude or restrict any liability resulting from gross negligence or willful misconduct of Audify Tech or for death or personal injury arising from any negligence or fraud by Audify Tech. You agree to indemnify, defend and hold Audify Tech (and our employees, directors, partners, subsidiaries, or joint ventures) harmless from any claim, demand, damages, or other losses, including reasonable attorneys' fees, asserted by any third party resulting from or arising out of your use of the service, or any breach by you of these Terms of Service, however the previous does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
If a dispute arises between you and Audify Tech, we strongly encourage you to contact us directly to seek a resolution by going to our customer support site at www.audifytech.com/contact. You agree that any claim or dispute against Audify Tech must be resolved exclusively by the laws of India and it shall govern all disputes between you and Audify Tech without regard to conflict of law provisions. You agree that any claim or dispute against Audify Tech must be resolved exclusively by a court in Bengaluru, India
You and Audify Tech agree that if any portion of these Terms of Service or the Audify Tech’s Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
10.1. Assignment
Audify Tech may assign or delegate these Terms of Service and the Audify Tech Privacy Policy, in whole or part, to any person or entity at any time, with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Audify Tech's prior written consent, and any unauthorized assignment and delegation by you are ineffective.
10.2. Supplemental Policies
Audify Tech may publish additional policies related to specific services such as forums, contests, or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
10.3. Entire Agreement
These Terms of Service, any supplemental policies, and any documents expressly incorporated by reference herein (including the Audify Tech’s Privacy Policy) contain the entire understanding of you and Audify Tech and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us concerning the service.
10.4. No Waiver
The failure of Audify Tech to require or enforce strict performance by you of any provision of these Terms of Service or the Audify Tech’s Privacy Policy or failure to exercise any right under them shall not be taken as a waiver or relinquishment of Audify Tech's right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Audify Tech of any provision, condition, or requirement of these Terms of Service or the Audify Tech’s Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
Except explicitly outlined in the Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Audify Tech shall be deemed a modification of these Terms of Service. It will not be legally binding unless documented in physical writing, hand signed by you and a duly appointed employee of Audify Tech.
10.5. Notices
We may notify you via postings on www.audifytech.com and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Audify Tech’s Privacy Policy shall be in writing and addressed to Audify Tech Pvt. Ltd. - Prestige Technostar, Building 3, Level 8, Whitefield, Bengaluru 560048. Any notices you provide without compliance with this Section on Notices shall have no legal effect.
10.6. Equitable Remedies
You acknowledge that the rights granted, and obligations made under these Terms of Service to Audify Tech are of a unique and irreplaceable nature, the loss of which shall irreparably harm Audify Tech and which cannot be replaced by monetary damages alone so that Audify Tech shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the service or any Audify Tech game, exploitation of any advertising or other materials issued in connection in addition to that, or exploitation of our service or any content or other material used or displayed through our service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
10.7. Force Majeure
Audify Tech shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Audify Tech, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Audify Tech' control like acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.