Terms of service.
Contrast Games LLP (“Contrast Games”)
October 11, 2023
Prior to using our video games, applications, websites, and other online services (collectively "Services"), kindly review these Terms of Service (“Terms”).
This is not just casual text or an announcement you can skim through.
It's a legal agreement between Contrast Games and you regarding:
  • the grant of rights to use our Services
  • the grant of rights to use user content
  • establishing rules of use of our Services
By using our Services, you agree to the legal terms outlined herein, establishing a binding agreement between you and Contrast Games.

This agreement takes effect upon your acceptance and remains valid for the entire duration of your use of our Services.
By using our Services and clicking a certain acceptance button, you confirm:
  • that these Terms are effective and are binding on you (where applicable)
  • your acceptance hereof adhering to these Terms
  • your eligibility and compliance with applicable laws
  • that you have parental/guardian permission if required by law
Aside from the aforesaid termination rules, any license granted to you hereunder ends when your account is removed.

Please refrain from using our Services if you or your official representative:
  • disagree with these Terms
  • are not legally entitled to use our Services
  • are out of the legal age to use our Services or to enter into such an agreement
  • are subject to the US export controls, embargoes, or sanctions (including being listed in OFAC designated persons list or similar lists)
  • are in or from a country under comprehensive sanctions
  • have unlawful intentions of any kind in using our Services
The review and compliance with the below documents are required for accessing to use our Services:
  • these Terms
  • our Privacy Policy
  • our Cookies Policy
  • our certain Services’ individual rules, providing detailed legal guidelines for them
  • relevant laws in your use of our Services and user content

When accessing our Services through a social network or any other third-party resource, like a digital distribution platform, you hereby confirm that:
  • you adhere to their respective terms and policies
  • terms and conditions of any digital distribution platforms or social networks
  • the personal accounts are yours and you’re solely responsible for their management
  • no third party may access your personal accounts
  • where applicable, the mandatory identification check underwent

Contrast Games has the sole ownership of all rights to intellectual property (“IP”) linked to our Services. This includes, but is not limited to:
  • trademarks/trade dresses, trade and industrial designs
  • patents, utility models, know-how
  • copyright, including any relevant content, encompassing:
  • visual/audiovisual, choreographic, architectural, graphic, pictorial, thematic, artistic, dramatic, sound, broadcasting and musical works and aspects, product elements, software (source and object code), databases, and any other types of IP recognized under the law applicable to the Contrast Games and its IP
Access to the Services is granted as a non-exclusive revocable license for personal, non-commercial use, without transferring any IP rights.
You grant us a non-exclusive worldwide free license to use your posted content for us to promote our Services and make your experience better. This license persists even if these Terms are terminated until revoked.
Where applicable, compliance with our content guidelines is crucial for creating content related to our Services.

If available, Contrast Games grants a non-transferable, revocable license for personal, non-commercial use of virtual items (e.g. intra-game values) solely in the virtual environment of our Services that:
  • may only be exchanged for other virtual items within our Services' virtual environment
  • are non-redeemable for real monetary value
  • do not substitute real currency
  • may be acquired via real currency only when it is allowed by applicable laws and a digital platform terms you use
We are not obligated to exchange virtual items for anything of value. We reserve the right to impact the attributes or perceived value of virtual items, except as restricted by law.
Contrast Games may also set limits on the purchase, earning, or redemption of virtual items at its discretion.

The purchase of our Services (including virtual items) is non-refundable, except as required by law or applicable platform policies, but with possible exceptions, especially for EU residents with withdrawal rights.
Refunds may be considered within 48 hours, provided values are unused and the purchase doesn't impact others. EU withdrawal rights are waived upon initial access to our Services, acknowledging immediate download and loss of withdrawal rights after purchase completion.

Each game may have an age rating (like PEGI, ESRB, or Apple age rating) displayed during the purchase or use of our Services.
If under 18, ask your parent or guardian to review and approve this Agreement. They should supervise your use of our Services.

Your use of our Services allows communication with other users, governed by these Terms. Communication occurs through our Services if they support such functionality.
Registration for a user account within our Services (“Account”) may also be necessary.

Accounts inactive or disabled by you, through Contrast Games' tools, or by Contrast Games' account service team may be permanently deleted at least fourteen days after termination.
The applicable maintenance fee is considered the monetary purchase of a limited license for virtual items as per these Terms.

By using our Services, you acknowledge that:
  • we are not liable for any loss or damage resulting from your or any other user content
  • our Services are provided “as is” without any warranties unless stated herein
  • you are prohibited from posting content that violates legal rights, promotes hatred, or breaches laws
To the fullest extent permitted by law, we disclaim liability for any damages that occurred from third-party conduct, and you agree not to hold us liable.
The maximum liability is limited to the amount you paid using our Services (if any).
Some jurisdictions may not allow the afore-said limitations, and when it is so, all the statutory rights shall be unaffected.
Nothing contained herein affects consumer rights or limits liability for any kind of detrimental event due to negligence or fraud.
Any failure to enforce these Terms does not constitute a waiver of any of our rights hereunder.

By accepting these terms, if you're a US resident, you and Contrast Games agree that any claims must be pursued individually in court.
You expressly waive the right to file or participate in class actions.
The court may only handle individual claims and may not consolidate them or preside over any class proceedings unless a proper opt-out notice is submitted.
If any part of the Class Action Waiver is deemed unenforceable, it won't affect the overall enforceability of the agreement as per these Terms, and all claims will be governed by the applicable law and jurisdiction provisions.
Opting out of the Class Action Waiver doesn't imply consent to participate in a class action.
Opt-Out Procedure
You may choose not to be bound by the Class Action Waiver by sending a written Opt Out Notice that strictly follows the specified requirements in the paragraphs below.
Send your Opt-Out Notice to Contrast Games at the address specified in the footer hereof, via first-class mail with a certified return receipt or through overnight courier service.
The notice must be postmarked or deposited within thirty days of your initial access to your account unless a longer period is mandated by law.
You shall include in your notice a certain title of our Services, your full name, address, phone number, email address, virtual username (if applicable), and a statement expressing disagreement with the Class Action Waiver.
Failure to meet the foregoing requirements binds you to the Class Action Waiver.

Worldwide residence (excluding US and Kazakhstan):
These Terms are governed by the laws of Cyprus, and any disputes will be exclusively resolved in the competent courts of Cyprus.
US residence
These Terms are governed by the laws of California, USA (and, if applicable, US Federal law), and any disputes will be exclusively resolved in the competent state or federal courts located in Los Angeles, California.
Kazakhstan residence
These Terms are governed by the laws of Kazakhstan, and any disputes will be exclusively resolved in the competent court of Kazakhstan.
Other provisions
In any legal dispute, the prevailing party is entitled to recover its legal fees and expenses.
Some countries have legal restrictions on using our Services, including downloading and installing our products. You must comply with your jurisdiction's laws.
The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply hereto.

English prevails
Although translations are available, the English version prevails in case of any discrepancies.
Should any Terms’ provision be deemed illegal, invalid, or unenforceable by a court or administrative body of competent jurisdiction, that specific provision will be removed without affecting the validity of the remaining provisions of these Terms.
Contrast Games' failure to promptly exercise a legal right or remedy does not constitute a waiver of that right or remedy.
You may not novate, assign, sell, or transfer in any other way, rights or obligations as per these Terms.
Force majeure
In case the force majeure prevents us from providing the Services, we will not be considered in breach of our obligations under these Terms.
These Terms are exclusively enforceable by Contrast Games and do not grant third-party rights.

We reserve the right to update these Terms at any time, and such changes will be effective and legally binding on you within thirty days following its online posting.
Feel free to reach out to us within the foregoing timeframe for any specific inquiries regarding the amendments.
Your continued use of the Services after the publication date signifies your acceptance of the updated Terms.
If you disagree with the changes, you have the option to terminate these Terms accordingly by stopping using our Services.

District Medeuskiy, Mikrorayon Samal-2, Building 77, 050000 Almaty, Kazakhstan

Many thanks for being with us,
Contrast Games Team