TERMS OF USE AGREEMENT FOR CUZE WEBSITE

Date: 05.07.2023

The Cuze website (collectively, “Service”) is a website owned and operated by Move To Play Holdings LTD having its registered office at Intershore Chambers, Road Town, Tortola, British Virgin Islands (hereinafter “we”, “us”, “Move To Play Holdings LTD” etc.). This Terms of Use Agreement (this “Agreement”) describes the terms according to which you may legally use the Service, and the content contained there.

By your use of this site, you agree to be bound by the terms and conditions of this Agreement, including any policies and procedures incorporated by reference, including this Terms of Use Agreement and our Privacy Policy .

You also represent and warrant that you have the legal authority to accept the Agreement. If you do not agree to all of the terms in this Agreement, you are not authorized to use or access the Service.

In order to understand the rules of the Agreement clearly you shall familiarize yourself with the meaning of terms used in the Agreement. In this Agreement the following terms, when capitalized, shall have the following meanings:

  1. “Account” – means a personal account of a user of the Services.
  2. “Company”, “We” – means Move To Play Holdings LTD, registered at the address: Intershore Chambers, Road Town, Tortola, British Virgin Islands.
  3. “Content” – means all kinds of content, including, among other, data, texts, images, videos, sounds, links, software and other pieces of information in any form, which are made available to You through the Website.
  4. “Device” – means a smartphone, a tablet or another similar mobile device as well as a computer that You either own or otherwise legally control for Your personal non-commercial use.
  5. “Intellectual Property Rights” – means, collectively, rights under any patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights.
  6. “Website”– means https://cuze.io.
  7. “User-generated Content” – means any form of Content, including, among other, data, texts, images, videos, sounds, links, that have been posted by users to online platforms, for example, social networks (e.g. Instagram, Facebook).
  8. “You” – means an individual using the Website.

1. CHANGES AND MODIFICATIONS

We may change or amend this Agreement from time to time. If we make material changes, we will endeavor to notify you that our terms have changed, either through the user interface, in an email message, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute your consent to the changed terms.

If you do not agree to the change(s), you must immediately stop using the Service; otherwise, the new terms will apply to you.

As long as you comply with this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be accessed and used, and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.

2. LEGAL CAPACITY AND AGE

The Service is intended for adults only. You must be 16 years of age or older to use the Service. If You install and/or use the Service, You confirm that You are at least 16 years old and have full legal capacity to enter into the Agreement.

In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (“COPPA”), we will never knowingly solicit, nor will we accept, personally identifiable information from users of the Service known to be under 13 years of age. Please see our privacy policy for additional information, including information regarding how to notify us of any concerns you may have in this regard.

If You are between 16 and 18 years old, Your parent, guardian or other representative of legal age has to check and agree to this Agreement on Your behalf. If You install and/or use the Service, You confirm that Your parent, guardian or other representative of legal age has agreed to the terms of this Agreement and permits You to use the Service.

3. DEVICE

If You intend to run the Service on any Device not owned by You, You must have the owner’s permission to do so. You will be responsible for complying with this Agreement whether or not You own the Device.

If You do not own the Device, You are allowed to use the Website only through Your Account.

If You use the Device together with other people, please, make sure that nobody except You can use the Service from Your Account. All actions taken in Your Account are considered Your actions in disregard of who actually takes such actions. You are fully responsible for all actions taken in Your Account.

4. ACCOUNT

In order to access some features of Our Services‚ you may be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register‚ you agree to provide Us with accurate and complete registration information‚ and to inform Us immediately of any updates or other changes to such information.

You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. Each time you use a password or identification, you will be deemed to be authorized to access and use Our Services in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF OUR SERVICES BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF OUR SERVICES IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

5. INTELLECTUAL PROPERTY

All text, metadata, user interfaces and visual interfaces (including graphics, photographs, sounds, music, and artwork), trademarks, logos, computer code, and any and all compilations thereof (collectively, “Our Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of Our Content, is owned, controlled, or licensed by or to Us, and is protected by trade dress, copyright, and trademark laws, and is subject to various other intellectual property rights.

We hereby grant You a non-exclusive, personal, limited, revocable and non-transferable license to access, download and run the Service only on Your Device, provided that You agree to comply with all the terms and conditions of this Agreement. Please, take into consideration that the Service is licensed, not sold, to You.

The Company or the licensor of the Company is the only holder of Intellectual Property Rights with regard to the Service. The Company retains all rights, title and interest in and to the Service and reserves all rights not expressly granted to You in this Agreement.

You may not sell, resell, distribute, redistribute, rent, lease, sublicense, assign, copy, or in any other way transfer or grant any rights to the Service to any third party.

You may not distribute or make the Service available over any network where it could be downloaded or used by multiple users at the same time, except when it is expressly authorized by Us.

You may not use any automatic or manual device or process to interfere with the proper working of the Service. However, You may use any kind of device or process to delete the Service from Your Device.

You may not decompile, disassemble, reverse engineer or create derivative works of the Service or any parts thereof. All modifications or enhancements to the Service remain the sole property of the Company.

You may not use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Service.

6. USES OF THE SERVICE

You agree not to, and will not assist, encourage, or enable others to:

7. PAYMENT AND FEES

The Website reserves the right to employ and use third-party payment gateways.

Any third-party payment services used are not controlled by Cuze. You agree to use the third-party payment services at your own risk. You agree to indemnify Cuze from all liability in relation to any third-party payment services. We accept no liability owed to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via any third-party payment gateways.

8. RELATED SERVICES AND ADVICE

Please, take into account that any kind of data provided to You through the Website is provided for information purposes only. It is up to You whether to use this information as the basis for Your activities and decisions. Under no circumstances shall We be responsible for any consequences of using such information as the basis for Your activities and decisions.

Cuze's features can change in the future, including adding and removing features, restricting the list of features available in the free/paid plan, open source some parts or all of the Website source code. In such cases, you will not receive a refund of your purchase (unless your purchase is still within the 14-day refund period).

9. LINKS TO EXTERNAL SITES AND SERVICES

The Website may contain links to external sites and services (for example, applications for mobile devices). If You decide to visit and/or use such external sites and services, You do this at Your own risk. Under no circumstances shall We be responsible for the content of such sites and services. We cannot guarantee that these sites and services will be available for You or that Your use of such sites and services will be safe.

This Agreement does not regulate Your relations with owners and/or administrators of such external sites and services. Please, check in terms of service, privacy policy or any other related document that regulates usage of external sites and services.

10. UPDATES

We may, though not obliged, update the Website from time to time, making such updates, supplements or new versions of the Website available to You. If We release an update (including a new version of the Website) We may request You to update the Website. The update may be downloaded and installed automatically or on the basis of Your consent depending on the updates settings of Your Device.

The materials appearing on Move To Play Holdings LTD's Services could include technical, typographical, or photographic errors. Move To Play Holdings LTD does not warrant that any of the materials on its Services are accurate, complete, or current. Move To Play Holdings LTD may make changes to the materials contained on its Services at any time without notice. Move To Play Holdings LTD does not, however, make any commitment to update the materials

The content of any update, supplement or new version of the Website is determined exclusively by the Company. Under no circumstances do We accept any orders, requires or requests for further development of the Website. We reserve the right to modify or discontinue any part, or function, or feature of the Website at Our own discretion with or without a prior notice.

If We introduce certain features or functions of the Website, We may need to set certain rules for using such features or functions. In this case We will introduce changes to the ToS that will take effect on the day when such features or functions are released.

We are committed to making Service usable and accessible to the widest possible audience, regardless of technology or ability. While We strive to ensure the accessibility of Service, you may find some limitations. Please report any problems to the support team at Service ([email protected]).

12. VIOLATION OF THIS AGREEMENT – TERMINATION

We may end Your rights to use the Service at any time by contacting You if You have broken the rules of these Agreement in a serious way. If what You have done can be put right We will give You a reasonable opportunity to do so.

If We end Your rights to use the Service:

13. DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, We and Our affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, express or implied, as to the accuracy, adequacy or completeness of any of the information contained in Our Service or created by the services.

The Content in Our Service is provided to You on an “as is” basis, without any warranties as to merchantability or fitness for a particular purpose or use. We do not guarantee that You will attain any anticipated result from the use of the Service. Further, Move To Play Holdings LTD does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Services or otherwise relating to such materials or on any sites linked to its Services.

We make no warranty that:

  1. the Service will meet your requirements;
  2. the Service will be uninterrupted, timely, secure, or error-free;
  3. content and material will be hosted and/or transmitted without interruption or cessation;
  4. any products, sites, information, or other material, whether in tangible or intangible form, downloaded or obtained by you through the service, will meet your expectations or any standard of quality; and
  5. any defects in the operation or functionality of the service or related software will be corrected.

Any service downloaded or otherwise accessed through the use of Our Service is at Your own discretion and risk and We shall have no responsibility or liability for any errors or omissions.

We are not responsible for any damages, whether direct or indirect, special or consequential, suffered by You or by any other person from the use of the Service, even if You have been advised of the possibility of such damages.

No advice or information, whether oral or written, obtained by You from Us or Our Service shall create any warranty not expressly stated in the Agreement. Under no circumstances shall Our liability or of any of Our affiliates pursuant to any cause of action, whether in contract, tort, or otherwise, exceed the fee paid by You for access to the Service. Furthermore, We shall have no responsibility or liability for delays or failures due to circumstances beyond Our control.

Limitation of Liability:

Exclusions and Limitations. Some jurisdictions do not permit the exclusion of certain warranties or conditions, or the limitation or exclusion of liability for certain damages. Accordingly, only the limitations that are lawful in your jurisdiction will apply to you and, in such instances, our liability and that of our affiliates will be limited to the maximum extent permitted by law. You agree that Move To Play Holdings LTD's liability is limited to the amount actually paid by you for your services or software, which amount calculated in reliance upon this clause. You hereby release Move To Play Holdings LTD from any and all obligations, liabilities and claims in excess of this limitation.

Indemnification. You agree to defend, indemnify, and hold Us and Our Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) we may incur in connection with any claim arising out of your breach of this Agreement or your use of the Service. We reserve the right, but have no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

14. TRANSFER OF RIGHTS

We may transfer Our rights and obligations under these ToS to any other organization or individual without Your consent. We will ensure that the transfer will not affect Your rights under the ToS.

You may only transfer Your rights or Your obligations under these ToS to another person if We agree in writing.

15. YOUR VIOLATION OF THE TERMS OF USE AGREEMENT

We may end Your rights to use the Website at any time by contacting You if You have broken the rules of these ToS in a serious way. If what You have done can be put right We will give You a reasonable opportunity to do so.

If We end Your rights to use the Website:

You must stop all activities authorized by these ToS, including Your use of the Website;

You must delete or remove the Website from all Devices and immediately destroy all copies of the Website which You have and confirm to Us that You have done this.

16. MISCELLANEOUS

Entire Agreement. These Terms of Use contain the entire agreement between you and Cuze regarding the use of the Service, and supersede any prior agreement between you and Cuze on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Use. You may also be subject to additional terms and conditions that may apply when you use or purchase other goods or services from us, our affiliates, or our parents or subsidiary entities.

Governing Law. These Terms of Use Agreement, and your use of the Website is governed by and constructed in accordance with the laws of the BVI, applicable to agreements made and to be entirely performed in the BVI, without regard to its conflicts of law principles.

Statute Of Limitations. You agree that, regardless of any statute or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.

Severability of Terms. Each of the paragraphs of these ToS operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining paragraphs will remain in full force and effect.

Notices. We may provide you with notices, including those regarding changes to the Agreement, by email, by regular mail, or by postings to Service If you have general questions or concerns regarding these Terms of Use, please contact us in writing at [email protected].