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TERMS OF SERVICE

Effective Date : July 1, 2020

Last Amended : October 7, 2024

1. WELCOME TO PLAYSIMPLE GAMES

Thank you for using our products and services. These services are provided by PlaySimple Games, located at 30, Cecil Street, #19-08, Prudential Towers, Singapore, 049712.

By using our Services, you are agreeing to the terms listed below. Please read them carefully.

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING AND NAVIGATING THROUGH OUR PLATFORM THROUGH OUR WEBSITE AND/OR APP, YOU AGREE THAT :

YOU HAVE READ AND UNDERSTOOD THE AGREEMENT \
REPRESENT THAT YOU ARE AT LEAST 13 YEARS OLD \
YOU CAN FORM A BINDING CONTRACT \
YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS OUR PRIVACY POLICY REFERENCED HEREIN. \
YOU HEREBY CONSENT ON BEHALF OF YOUR MINOR CHILD WHO MAY ACCESS THE PLATFORM VIA YOUR REGISTRATION OR ACCOUNT TO THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, THE WAIVER OF THE RIGHT TO A TRIAL BY JURY AND/OR TRIAL BY COURT**

Arbitration Consent and Authority to Bind:

By agreeing to these Terms, you consent to resolve any claims through arbitration as outlined in the Arbitration Clause. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind that entity and its affiliates to these Terms. In such cases, the terms "you" or "your" will refer to the entity and its affiliates. If you do not have the necessary authority, or if you do not agree to these Terms, you must not accept this agreement and are not permitted to use our website, app, or platform. Here's a refined version of the text for your Terms of Service:

PlaySimple Terms of Service

At PlaySimple, our mission is to create engaging and accessible word games that appeal to players of all ages, across the globe.

This document outlines our Terms of Service. You can also review our Privacy Policy here.

By using PlaySimple's services, you agree to comply with these terms. If you do not agree, please refrain from using our services.

Our Privacy Policy explains the types of information we may collect to enhance your experience on our mobile platforms and what this means for you as a player.

By continuing to use our services, you acknowledge that you have read and accepted our Privacy Policy.

In these Terms of Service, “PlaySimple,” “we,” “our,” or “us” refers to PlaySimple Games.

For the purposes of these Terms:

“Account” means the account you create when you access our Services.

“Feature Terms” means the rules that apply to specific services on mobile devices, forums, contests, subscriptions or loyalty programs that we may publish.

“Offers” means special programs, including offers and bonus gifts

“Services” means our games, products, services, content, and websites operated by us.

“Terms of Service” or “Terms” means these terms of service.

“User Content” means all the data that you share and create on or through our Services. This includes things like your profile picture, your in-game chat, and other content generated by you.

“Virtual Items” means in-game currency like coins, cash, tokens, or points and (b) virtual in-game items

2. CHANGES TO PLAYSIMPLE TERMS OF SERVICES

We reserve the right to modify, update, or remove parts of these Terms or any Feature Terms at any time without prior notice. Any changes will be made by posting the revised Terms on our games or website. Unless specified otherwise, the changes take effect upon publication. By continuing to use our Services after any updates, you agree to be bound by the new terms.

In the event of a dispute, the version of the Terms and Feature Terms in effect at the time PlaySimple receives formal notice of the dispute will govern.

3. USING OUR SERVICES

Eligibility:
While we are proud of our global player community, there are certain conditions that must be met to use our Services. You are not permitted to use our Services if:

You are unable to enter into a binding contract with us.
You are under the age of 13. In this case, you must not create an account, use our Services, or submit any personal information.
You are a convicted sex offender.
You have been previously banned from any of our Services.

If you are under the age of 13, you confirm that your legal guardian has reviewed and accepted these Terms on your behalf.

Additional Terms:
If you access our Services via a third-party platform, such as a social network (e.g., Facebook) or app store (e.g., Apple or Google), you must also comply with the terms of service/use of that platform in addition to these Terms.

Accessing Our Services:
To use some of our Services, you may need an account with a third-party platform, such as a social network (e.g., Facebook) or app store provider (e.g., Apple iTunes). These platforms may require you to periodically update their software to continue accessing our Services.

Service Changes and Limitations:
As we enhance our Services, you may be required to update the game to continue using them. We may implement these updates remotely without prior notice, and make modifications to the game software on your device.

PlaySimple reserves the right to discontinue any game or part of a Service, either temporarily or permanently, at any time. If this occurs, your right to use the affected Service or any part of it will be automatically suspended or terminated. Unless otherwise required by law, PlaySimple is not obligated to issue refunds, provide benefits, or offer compensation for discontinued elements of the Service or for any virtual items you have earned or purchased.

Additionally, PlaySimple may limit, suspend, terminate, modify, or delete accounts or restrict access to parts of our Services. This may include restricting or prohibiting access to certain games or content, or removing hosted content, with no obligation to compensate you for any resulting losses.

Deleting Your Account:
You may stop using our Services at any time, and you can request the deletion of your account by following the steps outlined in our Privacy Policy.

Unless otherwise required by applicable law, we are not obligated to provide refunds, benefits, or other compensation if you choose to delete your account. Here’s a rephrased version of your text for the Terms of Service (TOS):

4. OWNERSHIP; LIMITED LICENSE

Games and Services:
The Services, including all games, are the property of PlaySimple Games or its licensors and are protected by copyright, trademark, trade dress, patent, and other global intellectual property laws and regulations. All rights are reserved. These Terms do not grant you any ownership, rights, title, or interest in the Services or any content within the Services.

Provided that you comply with these Terms and other applicable rules, you may use the Services for your own personal, non-commercial entertainment purposes. Any other use of the Services is strictly prohibited, and PlaySimple will not be responsible for any damage or loss resulting from unauthorized use.

If you breach these Terms or any other applicable policies, PlaySimple may take action, which could include terminating your account. You may also be violating the law, including infringing PlaySimple's intellectual property rights. ANY ATTEMPT TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING MANIPULATING THE LEGITIMATE OPERATION OF ANY PLAYSIMPLE GAME, IS A BREACH OF OUR POLICIES AND MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

Your Account and Virtual Items:
Any account you create on our Services, including in our games, does not belong to you, and neither do the Virtual Items you may acquire through the Services, whether you earned or purchased them. Your account and related Virtual Items are owned by PlaySimple, which grants you a limited, revocable license to use them as long as we offer the Services.

To optimize our Services and avoid retaining unnecessary data, we may delete or terminate accounts that have been inactive for 180 days. However, this policy does not apply to all users and may be subject to changes.

You may not transfer Virtual Items outside of the Services (e.g., in the real world), whether by selling, gifting, or trading them. Any such transfer is void and prohibited, and we may terminate your account as a result. You are also not allowed to sublicense, sell, or exchange Virtual Items for real money or any other form of value outside of the game.

User Content:
When you post, publish, or upload content (referred to as "User Content") to the Services, you agree that:

It is accurate.
It is not confidential.
It complies with all applicable laws.
It does not infringe upon the rights of others or violate contractual obligations, and you have the necessary permissions.
It is free of harmful code such as viruses or spyware.
Your User Content is subject to PlaySimple’s Privacy Policy.

You are solely responsible for securing and backing up your User Content.

By posting or uploading User Content, you grant PlaySimple a worldwide, royalty-free, perpetual, non-exclusive license to use, distribute, modify, and display your content in connection with the Services, including for marketing purposes. You retain ownership of your content, but to the extent allowed by law, you waive any moral rights (such as the right to be credited or object to certain uses).

We reserve the right to remove any User Content that violates these Terms or Feature Terms, and we may disclose your identity to any third party who claims that your content violates their intellectual property or privacy rights. Additionally, we may disclose your User Content to government bodies or other third parties when legally required.

PlaySimple’s license to your User Content ends when you request the deletion of your account, except for the following situations:

User Content submitted as part of promotions, which will remain subject to promotion-specific terms.
User Content already shared with others or used publicly under these Terms.

Upon your request to delete your User Content, we will take reasonable steps to remove it from active use.

When you post comments, observations, or other contributions in forums, blogs, or chat features, please note that we cannot guarantee that other players will not use or share that information. If you wish to keep information private or protected, do not post it. PlaySimple is not responsible for the use of information you share in public forums.

5. MONITORING USE OF SERVICES AND USER CONTENT

We are not obligated to monitor the Services for inappropriate or unlawful User Content or conduct by other players, and we are not responsible for such content or behavior. This includes any materials, products, or services provided by other players (e.g., profile information), and we do not endorse or guarantee the accuracy or truthfulness of any User Content.

However, if you encounter misconduct or a violation of these Terms, please report it through our Help Center.

While we are not required to monitor the Services, we reserve the right to monitor, record, or store your interactions with the Services and communications with PlaySimple or other players. For more information, see our Privacy Policy. We may, at our discretion, edit, refuse to post, or remove any User Content we deem objectionable. If your communications or content violate these Terms or Feature Terms, we may restrict your ability to post or communicate with others or terminate your access to the Services altogether.

6. YOUR DEALINGS WITH OTHER PLAYERS

If you have a dispute with another player, PlaySimple is not responsible for any claims, demands, and/or damages of any kind, whether known or unknown, resulting from or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data.

As part of the Services, we may offer you the opportunity to play with your friends or other matched opponents. To ensure that you always have available opponents at the right skill level, some of these matched opponents may be auto-generated players that look and play like real people.

We may allow you to use the Services to initiate SMS or MMS text messages to your contacts. You are not required to send such text messages to use our Services and standard text messaging and data rates may apply based on your plan with your mobile phone carrier. PlaySimple does not control the recipients, content, or timing of these text messages. If you choose to send text messages through the Services, you are confirming that the recipients of the text messages have appropriately consented to receive the text messages.

7. PAYMENT TERMS

We provide some services for real money to obtain a limited license and right to use Virtual Items and/or other goods or services.

How it Works:

You get a limited license and right to use Virtual Items by visiting the purchase page in one of our games or Services and providing billing authorization through the platform on which you are playing (e.g., Apple, Google,Xsolla).

When you make a purchase on any Service offered by PlaySimple, the payment page will let you know what payment methods you can use to pay when you make your purchase. The price of the product will be the price indicated on the order page when you place your order. Please check that the details in the confirmation message are correct as soon as possible and keep a copy of it for your records. PlaySimple keeps records of transactions in order to handle any future questions about that transaction.

When you purchase Virtual Items in our games on other platforms such as Facebook, Apple, or Google, PlaySimple is not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information. You can also contact our Billing Support team as described below for questions concerning refunds of purchases made through Facebook or Google.

For Virtual Items, your order will represent an offer to us to obtain a limited license and right to use the relevant Service(s) or Virtual Item(s) that will be accepted by us when we accept payment. At that point, the limited license begins.

For orders to obtain a limited license and right to use Virtual Items, by clicking the purchase/order button on the purchase window or page you agree that we will supply the Virtual Items to you as soon as we have accepted your order

You understand that while you may “earn,” “buy,” or “purchase” Virtual Items in our Services, you do not legally “own” the Virtual Items and the amounts of any Virtual Items do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.

ALL SALES ARE FINAL: PLAYSIMPLE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, EITHER VOLUNTARILY OR INVOLUNTARILY, OR NO MATTER WHICH PLATFORM YOU MADE YOUR PAYMENT THROUGH.

PURCHASES TO ACQUIRE A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.

Additional Payment Terms:

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. PlaySimple may revise the pricing for the goods and services it licenses to you through the Services at any time.

Billing Support:

For all billing support, please contact us through Customer Support/ Help Center

8. PROMOTIONS AND OFFERS

From time to time, we may offer limited-time promotions. Please review the official rules or Feature Terms (if any) associated with any promotion. They will apply in addition to these Terms.

PlaySimple is not required to give, and you are not required to accept any Offer. Offers are not transferable, redeemable, or exchangeable for other things of value, except at our sole discretion. If you accept an Offer, you may have to sign a declaration of eligibility and liability release or other paperwork to receive the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the offer. If you accept any Offer, you assume all liability associated with the Offer.

9. THIRD-PARTY ADVERTISING

Our Services may feature advertisements from us or other companies. Our Privacy Policy explains what information we share with advertisers. Sometimes we provide links in our games or on the Services to other third-party companies’ websites or to companies who invite you to participate in a promotional offer and offer you some features of the Services or upgrade (such as in-game currency) in exchange. Any charge or obligation you take on in dealing with these other companies is your responsibility.

We are not responsible for any third-party website that we link to in our Services, and such a link does not mean we endorse or approve that linked site or any information you obtain from it. We are not liable for any claim relating to any content, goods, and/or services of third parties.

Please also note that the linked third-party sites are not under our control and may collect data or ask you to provide them with personal or other information, or they may automatically collect information from you. When you use these third-party sites and services, the third-party company may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices, or privacy policies, or for how they collect, use, or share the information they get from you.

10. COPYRIGHT NOTICES/COMPLAINTS

We respect the intellectual property rights of others and ask that you do, as well. We respond to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. We reserve the right to terminate any player’s access to the Services if we determine that the player is a “repeat infringer.” We do not have to notify the player before we do this.

11. FEEDBACK AND SUGGESTIONS

We may request your feedback and suggestions on certain features through an in-app feature or a survey on email or social media. You are not obliged to respond to our request. Any feedback you provide at our request is subject to the rules of the specific program. And any idea, information, or feedback you submit to us voluntarily shall be considered non-confidential and non-proprietary.

12. AVAILABILITY OF OUR SERVICES

PlaySimple makes no promise to make our Services and content always available, uninterrupted, or error-free. We may suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.

PLAYSIMPLE DISCLAIMS ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Services or the shortest period required by law.

13. LIMITATIONS; WAIVER OF LIABILITY

YOU ACKNOWLEDGE PLAYSIMPLE IS NOT LIABLE

(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES; OR

(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES.

THE RISK OF USING THE SERVICES AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES AND EXTERNAL SITES.

TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE).

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF PLAYSIMPLE IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID PLAYSIMPLE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

IF YOU HAVE NOT PAID PLAYSIMPLE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PLAYSIMPLE IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.

Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above, which means these limitations/exclusions may not apply to you if you reside in one of those states or countries.

These limitations/exclusions do not apply to users located in the EEA. For those users, if PlaySimple fails to comply with these Terms, PlaySimple is responsible for loss or damage you suffer that is a foreseeable result of PlaySimple’s breach of these Terms or is a result of PlaySimple’s negligence, but PlaySimple is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and PlaySimple at the time we entered into these Terms.

14. AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER

Before bringing a formal legal case, you must first contact our Customer Support team. In the event that you and PlaySimple can’t resolve the dispute through Customer Support, you and PlaySimple both agree to arbitrate as described below.

By voluntarily accepting these Terms (and in many of our Services by voluntarily clicking or tapping an in-game button to affirmatively indicate your agreement to these Terms), you and PlaySimple agree to the fullest extent permitted by law to resolve any claims arising out of, relating to, or in connection with the Terms, Feature Terms including but not limited to your use of the Services and information you provide via the Services, through final and binding arbitration. This applies to all claims under any legal theory unless the claim fits within the Exceptions to Agreement to Arbitrate identified below. This agreement to arbitrate also applies even after you stop using your account or delete it. (In this Section 14 and in Section 16, you and PlaySimple may be referred to individually as “a party” or collectively as “the parties.”)

An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so by voluntarily accepting these Terms, you, and PlaySimple agree to give up the right to a trial before a judge and jury. Arbitrations have different rules from lawsuits in court. They are less formal than lawsuits in courts and provide limited opportunities to force the other side to share information relevant to the dispute—a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if any party does not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

If any party disagrees about whether this Section 14 (or any portion of this Section 14 including without limitation the provisions relating to arbitration, class action waiver, and opting out) can be enforced or whether it applies to the dispute, the parties all agree that the arbitrator will decide that, too.

In addition, if you or PlaySimple brings a claim in court that should be arbitrated, or any party refuses to arbitrate a claim that should be arbitrated, any other party can ask a court to force the parties to go to arbitration to resolve the claim (i.e., compel arbitration). You or PlaySimple may also ask a court to halt a court proceeding (i.e., stay the court proceedings) while an arbitration proceeding is ongoing.

The Arbitration Process

The Singapore International Arbitration Centre(“SIAC”) will control any arbitration between you and PlaySimple and SIAC’s then-current rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, will be used. You can look at SIAC’s rules and procedures on their website at https://www.siac.org.sg/. If something in these Terms is different from SIAC’s rules and procedures, then the parties agree to follow these Terms instead.

To start an arbitration proceeding, use the form on SIAC’s website (www.siac.org.sg).

If you reside outside of the Singapore, arbitration may take place in the county where you reside at the time of filing. If you reside in the Singapore, the arbitration shall be initiated in Singapore. You and PlaySimple further agree to submit to the personal jurisdiction of any federal or state court in Singapore in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the SIAC Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the SIAC Rules.

Payment of all filing, administration, and arbitrator costs and expenses imposed by SIAC will be governed by the SIAC rules, provided that if you are initiating an arbitration against PlaySimple and the value of the relief sought is ten thousand dollars ($10,000) or less, then PlaySimple will advance all filing, administrative, and arbitration costs and expenses imposed by SIAC (subject to reimbursement as set forth below). If the circumstances in the preceding sentence apply, but the value of the relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be prohibitively more expensive than a court proceeding, then PlaySimple will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to reimbursement as set forth below). If the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse PlaySimple for all such costs and expenses that PlaySimple paid and that you would have been obligated to pay under the SIAC rules.

Exceptions to Agreement to Arbitrate

The parties all agree that they will go to court to resolve disputes

Relating to PlaySimple’s intellectual property
Where the sole form of relief sought is injunctive relief; or
Within the jurisdiction of small claims courts.

No Class Actions

That means:

The parties agree that neither you nor PlaySimple can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action.

The parties agree that the arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class, or representative arbitration proceeding (unless the parties all agree to change this).

The parties agree that the arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other PlaySimple players, and cannot be used to decide other disputes with other players.

If this subsection on “No Class Actions” is found to not be enforceable or valid, then the entire Section 14 (Agreement to Arbitrate and Class Action Waiver) will be null and void (i.e., go away). But the rest of the Terms and Feature Terms will still apply.

Opting out of the Agreement to Arbitrate and Class Action Waiver

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions in Section 14 by sending us written notice of your decision to opt-out through Help Center. The notice must be sent within thirty (30) days of your first use of the Services or availability of this opt-out, whichever is later; otherwise, you shall be bound to arbitrate disputes as set out in this Section 14 . If you opt-out of these arbitration provisions, PlaySimple too will not be bound by them.

Changes to Section 14 Agreement to Arbitrate and Class Action Waiver

We will give you 60-days’ notice by email or through the Services if we change this Section 14 on our Agreement to Arbitrate and Class Action Waiver. If this subsection on “Changes to Section 14 on Agreement to Arbitrate and Class Action Waiver” is found to not be enforceable or valid, then this subsection shall be severed from Section 14 , and the court or arbitrator shall apply the first Agreement to Arbitrate and Class Action Waiver section in existence after you began using the Services.

Survival

This Section 14 shall survive termination of these Terms.

15. APPLICABLE LAW

If you are located in the United States, you agree that these Terms affect interstate commerce and that the Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of Section 14 (Agreement to Arbitrate and Class Action Waiver). Also, these Terms and our relationship will be governed by California law, except for its conflicts of laws principles.

If you are located anywhere other than the United States, these Terms and our relationship will be governed by SIAC Rules, except for its conflicts of laws principles.

16. VENUE FOR LEGAL DISPUTES NOT SUBJECT TO ARBITRATION

If you are located in the United States, judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 14 must be brought in state or federal court in San Francisco, California, unless the parties agree to some other location. You and PlaySimple consent to venue and personal jurisdiction in San Francisco, California.

If you are located anywhere other than the United States, judicial proceedings must be brought in the courts of Bangalore , India unless the parties all agree to some other location.

17. SEPARATION OF TERMS

Each of the paragraphs of these Terms operates separately. Except as described in Section 14 under the “No Class Actions” heading, if any part of these Terms and Feature Terms is not enforceable, the rest of these Terms and Feature Terms still apply and are binding, and any unenforceable term will be substituted with a term that comes as economically close to the unlawful or unenforceable term as possible.

18. ASSIGNMENT

We may give our rights, or our obligations, under these Terms or Feature Terms to any person or entity at any time with or without your consent. You may not give your rights or your obligations under these Terms or Feature Terms to anyone without first getting PlaySimple’s written consent, and any attempt to do so without our consent is void.

19. ENTIRE AGREEMENT

These Terms, and any other policies or rules we reference in these Terms, make up the entire agreement between you and us relating to the subject matter of these Terms and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us. This provision does not apply to users located in the EEA.

20. LANGUAGE OF THE TERMS

If we provide a translated version of these Terms, Feature Terms, Privacy Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different from the English version, then the English meaning will be the one that applies. This provision does not apply to users located in the EEA.

21. NO WAIVER

If we do not enforce our rights under these Terms or Feature Terms that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms or Feature Terms that does not mean it is waived for all time in the future. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.

22. NOTICES

If we have to give you notice of something according to the Terms or Feature Terms we may notify you by posting a message on our website or games, sending you an e-mail, or using other ways of communicating with you based on the contact information you provide to us.

If you are located in the United States and you have to give us notice of something according to the Terms or Feature Terms the notice must be in writing and addressed to 30, Cecil Street, #19-08, Prudential Towers, Singapore, 049712 unless we have provided a more specific way of notifying us.

If you are located anywhere other than the United States, and you have to give us notice of something according to the Terms or Feature Terms, the notice must be in writing and sent to us through Help Center or addressed to: 30, Cecil Street, #19-08, Prudential Towers, Singapore, 049712, unless we have provided a more specific method way of notifying us.

23. FORCE MAJEURE

We are not liable for any changes or problems out of our control, for example, changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, pandemic, labor, or materials This provision does not apply to users located in the EEA.