Poly Tool Design

End-User License Agreement ("Agreement")

Last updated: 19 Mar, 2024

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.

Application means the software program provided by the Company downloaded by You to a Device. The software can be named, but not limited to Poly Ego, TITIROBIL.

Company (referred to as either "Poly Tool Design", "We", "Us" or "Our" in this Agreement) refers to SC Poly Tool Design SRL, Blvd. Ferdinand 95, 900717, CT, RO.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Country refers to: Romania

Device means any device that can access the Application such as a computer, a cellphone or a digital tablet, a PC or non-PC VR headset.

Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.

You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

Acknowledgment

By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or do not use the Application.

This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.

The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

License

Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.

The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

Subject to your compliance with this Agreement, Poly Tool Design grants you a non-sublicensable and non-exclusive license to use the Game as follows:

• You may install the Game on one or more computers or headsets under your legitimate control; and

• You may access the Game for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.

We may revoke your license to use the Game if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:

• Transfer your rights and obligations to access the Game;

• Copy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Game;

• Create, use, offer, advertise, make available and/or distribute the following or assist therein:

– Cheats: i.e. methods, not expressly authorized by Poly Tool Design, influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;

– Bots: i.e. any code and/or software, not expressly authorized by Poly Tool Design, that allows the automated control of the Game and/or any component or feature thereof, e.g. the automated control of a character in the Game;

– Hacks: i.e. accessing or modifying the software of the Game in a manner, not expressly authorized by Poly Tool Design; and/or

– Any code and/or software, not expressly authorized by Poly Tool Design, that can be used in connection with the Game and/or any component or feature thereof which changes and/or facilitates the gameplay.

• Exploit, in their entirety or individual components, the Game for any purpose not expressly authorized by Poly Tool Design, including, without limitation (i) playing the Game(s) at commercial establishments; (ii) gathering in-game currency, items, or resources for sale outside of the Game; (iii) performing in-Game services, like power-levelling, in exchange for payment; or (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Game;

• Use third-party software that intercepts, collects, reads, or “mines” information generated or stored by the Game; provided, however, that Poly Tool Design may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

• Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Game;

• Host, provide, or develop matchmaking services for the Game, or intercept, emulate, or redirect the communication protocols used by Poly Tool Design in any way, for any purpose, including without limitation, unauthorized play over the Internet, network play (except as expressly authorized by Poly Tool Design ), or as part of content aggregation networks;

• Facilitate, create, or maintain any unauthorized connection to the Game including without limitation: (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Game; and (ii) any connection using third party programs or tools not expressly authorized by Poly Tool Design ;

• Attempt to sell, sublicense, rent, lease, grant a security interest in, or otherwise transfer any copy of the Game or your rights to the Game to any other party in any way not expressly authorized herein;

• Disrupt or assist in the disruption of: (i) any computer used to support any Game environment; or (ii) any other player’s Game experience; and/or

• Use the Game to violate any Applicable Laws.

Also prohibited are all of the following uses of the Game:

• For the purpose of exploiting, harming, or attempting to exploit or harm any person in any way, including minors by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;

• To impersonate or attempt to impersonate Poly Tool Design, a Poly Tool Design employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing);

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Game, or which, as determined by us, may harm Poly Tool Design or others accessing the Game, or expose them to liability;

• To use the Game in any manner that could disable, overburden, damage, or impair a Platform or interfere with any other party’s ability to access the Game, including their ability to engage in real-time activities within the Game;

• To use any robot, spider, or other automatic device, process, or means to access the Game for any purpose, including monitoring or copying any of the material on the Game;

• To use any manual process to monitor or copy any of the material on the Game or for any other unauthorized purpose without Poly Tool Design ’s prior written consent;

• To use any device, software, or routine that interferes with the proper working of the Game;

• To introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful, or otherwise attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Game;

• To purchase, sell, gift, or trade, or offer to purchase, sell, gift, or trade, your Account, in order to transfer progress made within the Game;

• To attack the Game within a Platform via a denial-of-service attack or a distributed denial-of-service attack; and/or

• To otherwise attempt to interfere with the proper working of the Game.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.

Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.

Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 100 USD if You haven't purchased anything through the Application.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

Severability and Waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Product Claims

The Company does not make any warranties concerning the Application.

Intellectual Property

You hereby unconditionally agree that all right, title and interest in the copyrights and other intellectual property rights in the Licensed Product reside with the Licensors. The trademarks, logos, designs, and service marks appearing on the Licensed Product are registered and unregistered marks of Licensor. Accordingly, nothing in this EULA or the Licensed Product grants you any right to use any form of intellectual property contained in the Licensed Product.

Therefore, all rights, titles, interests, and copyrights in and/or to the Software, including but not limited to all images, graphics, animations, audio, video, music, text, data, code, algorithm, and information, are owned by the Licensor. Accordingly, the Software is protected by all applicable copyright laws and international treaties, and the Licensee is expected to use the Software concerning all intellectual property contained therein, except as otherwise provided for in this EULA.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.

Contact Us

All feedback, requests for technical support and other communications relating to the Game (collectively, “Comments”) should be directed to: office@PolyToolDesign.com. If you provide Poly Tool Design with any Comments, you hereby grant Poly Tool Design a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit those Comments for any purposes, for all current and future methods and forms of exploitation in any country. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights, as permitted by the applicable jurisdiction. You understand and agree that Poly Tool Design is not required to make any use of any Comments that you provide. You agree that if Poly Tool Design makes use of your Comments, Poly Tool Design is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Comments that you provide to Poly Tool Design to grant Poly Tool Design and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.