Terms of Use

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Last updated on April 15, 2023

This end user license agreement (this “EULA”) is a legally binding agreement between you and Ongamingo and our Affiliates (as defined below) (“we”, “our” or “us”). By installing, using or otherwise accessing our services, you agree to the terms and conditions of this EULA. If you do not agree to any term of this EULA, please do not install, use or otherwise access our services. Your right to use our services is subject to your compliance with all of the terms and conditions set forth herein.

This EULA was written in English. To the extent any translated version conflicts with the English version, the English version controls.

This EULA applies specifically to:

-The registration and use of Your Account (as defined below);

-Your downloading, installing and/or using our games (including but not limited to PC games, web games, HTML5 games, mobile games, television/tablet games and any other form of games), including but not limited to any connected software, networks or services and any Updates (as defined below) we may make available to you (together, the “Software”);

-Your access to services that are made available by us in relation to the Software (the “Services”);

-Any Virtual Goods and Virtual Currency (each as defined below); and

-Any other text, images, graphics, photos, sounds, music, videos, audiovisual combinations, interactive content and any other media, content or information that may be made available to you through the Services (together, the “Content”, and together with the Software, Services, Virtual Goods, Virtual Currency, the “Licensed Items”).

You must only use the Licensed Items:

-you are a “natural person” (corporations, limited liability companies, partnerships and other legal or business entities may not use the Licensed Items), and you are

not an individual specifically prohibited by us from using the Licensed Items;

-if you agree to this EULA;

-if you can lawfully enter into this EULA with us in accordance with applicable laws and regulations; and

-if applicable laws and regulations permit you to use the Licensed Items where you are when you use them.

You must comply with this EULA in your use of the Licensed Items and only use the Licensed Items as permitted by applicable laws and regulations, wherever you are when you use them. Please review this EULA and our policies and instructions to understand how you can and cannot use the Licensed Items.

If you are under the age of 13, you must not open an account and must not use any Licensed Items. If you are not an “adult” (as defined in the applicable in your jurisdiction), your parent or guardian must agree to this EULA (both for themselves and on your behalf) before you can use Your Account or any Licensed Items. If you are a parent or guardian, you accept responsibility for the user of Your Account and the Licensed Items, including but not limited to any payments, fees and charges relating to the Licensed Items, and you shall be responsible for monitoring and controlling the minors’ access to our Services if our Services are not suitable for minors pursuant to the applicable game rating systems.

YOUR PRIVACY

Our PRIVACY POLICY, which is a part of this EULA, sets out how we collect, store and use your personal information which you provide while you use Your Account, the Licensed Items and our Services.

CHANGES TO THE LICENSED ITEMS, THIS EULA AND THE PRIVACY POLICY

We may make changes to this EULA over time, so please come back and review them.

In addition, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from the Licensed Items (regardless of whether or not any particular Licensed Item is free of charge or not), or suspend or terminate use of the Licensed Item altogether.

By continuing to use the Licensed Items after we make any changes to this EULA, with or without notice from us, you are agreeing to be bound by the revised EULA.

LICENSE TO USE THE LICENSED ITEMS

The Licensed Items are property belonging to us and our licensors. They are protected by copyright laws and other intellectual property rights laws worldwide as set out in the “Our Intellectual Property Rights” section below.

Software License

Subject to the terms of this EULA, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable (except as provided below) and revocable license, under which you may:

-use the Software in object code format only on your own devices for your own personal and non-commercial use in accordance with any instructions, user guides, FAQs or other requirements specified by us from time to time (the “Instructions”) and this EULA; and

-use the Services, subject to the “Services License” section below.

Services License

Where Services are made available as part of your use of Software under this EULA, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable and revocable License to use the Services in accordance with the Instructions and this EULA.

You may be able to create certain content within the Services, such as gameplay videos or additional game characters. Such content is subject to the “Your Content” section below.

Virtual Goods and Virtual Currency License

Where Software enables you to purchase or acquire Virtual Goods and/or Virtual Currency, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable and revocable License to use the Virtual Goods and Virtual Currency in accordance with the Instructions and this EULA, in particular the terms set out in the “Virtual Goods and Virtual Currency” section below.

Content License

Under the terms of this EULA we grant you a limited, personal, non-exclusive, non-sublicensable, revocable right to access and use the Content through the means provided in the Software or the relevant Service for your use.

Your Content

When you submit, upload, transmit or display any data, information (other than your personal information, which we will collect, use and store pursuant to terms of the Privacy Policy), media or other content in connection with your use of our Services (“Your Content”), you understand and agree that:

(1)you will continue to own and be responsible for Your Content;