Last updated on: April 30, 2023

THE LEGAL AGREEMENT (“AGREEMENT”) SET OUT BELOW GOVERNS YOUR USE OF THE Daylight Studios GAMES AND SERVICE. IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. YOU AGREE THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE. IF YOU ARE UNDER THE AGE OF MAJORITY, YOU SHOULD REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND IT.

I. TERMS OF USE

These Terms of Use ("Terms") are a legal agreement between Daylight Studios Pte. Ltd. ("Daylight Studios" or "we") and you ("you") for the use of Daylight Studios Games and Service. Daylight Studios is the provider of games, and related services (the “Service”), which permits you to engage in game-related activities, including but not limited to participation in leader boards, multi-player games, and tracking achievements. Use of the Service requires compatible devices, Internet access, and certain software (fees may apply); may require the creation of a Service user account (“Account”); may require periodic updates; and may be affected by the performance of these factors. The Service may not be available in all areas.

1. Accepting the Terms

By using or accessing the Service, you agree that you have read, understood, and accept to be bound by the Terms. Daylight Studios Privacy Policy is incorporated herein by reference. By accessing or using the Service, you agree Daylight Studios reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the Terms, your only solution is to discontinue your use of the Service and cancel any Accounts you have made using the Service. These Terms remain effective from the date of acceptance until terminated by you or Daylight Studios by this Agreement.

If you violate the Terms, Daylight Studios reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that Daylight Studios need not provide you notice before terminating or suspending your account(s), but it may do so. Daylight Studios reserves the right to refuse any user access to the Services without notice for any reason, including, but not limited to, a violation of the Terms. You agree that Daylight Studios may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability. You cannot accept these Terms if: (a) you are not lawfully entitled to use the Services under any applicable laws in the country in which you are located or resident; or (b) if you are not of legal age to form a binding agreement with Daylight Studios. By accepting these terms, you acknowledge and agree that you have reached the age to enter into such a binding agreement in the country where you are located or resident or that you have your parent or legal guardian's permission if applicable law requires. It is your responsibility to ensure that you are legally allowed to enter this Agreement and do not violate any applicable laws. In some countries, legal and other restrictions exist on using the Services and downloading, installing and using products, portions of products, and software which are or might be available through the Services. It is your responsibility to ensure that you comply with all applicable legal restrictions in your jurisdiction.

2. Intellectual Property/Ownership

All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) are protected by law from unauthorised use. The entire contents of the Service are copyrighted under the Singapore copyright laws and similar laws of other jurisdictions. All intellectual property therein (whether registered or unregistered and anywhere in the world) is protected by intellectual property laws and other laws of Singapore, other countries and international treaties. Furthermore, nothing in the Agreement gives you a right to use any of Daylight Studios’ trade names, trademarks, service marks, logos or domain names unless you have our express written permission. You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without Daylight Studios’ express prior written permission, except that the preceding does not apply to your User Content (as defined below) that you legally post. All other uses of copyrighted material, including any derivative use, require express prior written permission from Daylight Studios. Any reproduction or redistribution of materials not by these Terms is prohibited and may result in severe civil and criminal penalties. Daylight Studios and its licensors remain the owners of rights, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by Daylight Studios. You acknowledge that you do not acquire ownership rights by using the Service or accessing any materials posted on the Service by Daylight Studios or any derivative works thereof. Daylight Studios grants you a personal, non-exclusive, non-transferable, revocable, non-assignable, limited scope license to use the Service solely to view and use the applicable Services and for no other purpose. These Terms limit your license to use the Services.

3. User Content

You agree that you are willingly publishing the content on the Service using technology and tools provided by Daylight Studios. You understand and agree that you may not distribute, sell, transfer or license this content and application in any manner, in any country, or on any social network or another medium without the explicit written permission of Daylight Studios. You grant Daylight Studios the right to act as an agent on your behalf as operator of the application. Any data, text, graphics, photographs, and their selection and arrangement (from now on “User Content”) uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and promotional use by Daylight Studios. Text, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and Daylight Studios is not responsible for any files users upload, post, or otherwise make available. In particular, you are responsible for ensuring that you do not submit User Content that is (i) offensive, unlawful, obscene, defamatory, libellous, threatening, abusive, inappropriate, pornographic, harassing, hateful, or otherwise unlawful or violates any law; (ii) fraudulent or misrepresentation; (iii) protected by any applicable copyright laws, trade secret or that otherwise infringe the privacy rights, property rights, or any other rights of any person; (iv) an advertisement or solicitation of business, funds, goods or services; or (v) impersonating another person or invading the privacy of any third party. We reserve the right (but shall have no obligation) to decide whether any content you use complies with these Terms. In our sole discretion, we may remove such content, suspend and terminate this Agreement if you use any content that is in breach of these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Daylight Studios may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the Daylight Studios application. By using the Services, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Daylight Studios will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content. Daylight Studios reserves the right to remove and permanently delete any User Content from the Service with or without notice.

4. Privacy and Protection of Personal Information

Information collected from you is subject to the pertinent social network policies. Using the Service, you may grant your social network permission to share your e-mail address and any other personally identifiable information with Daylight Studios. We are committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information, the traffic data and the content of your communication(s) through our Privacy Policy (as written below). Please read them carefully before starting to use the Service. You acknowledge and agree that the Privacy Policy is incorporated and made part of these Terms.

5. Purchase Terms

In the Service, you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or game-designated currency for use in the Service; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third-party virtual currency such as Play Store or App Store Credits.

ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL, AND NON-REFUNDABLE The provision of Virtual Items for use in the Service is a service provided by Daylight Studios that commences immediately upon acceptance by Daylight Studios of your purchase. Daylight Studios may manage, regulate, control, modify or eliminate Virtual Items and Merchandise at any time, with or without notice. Daylight Studios shall have no liability to you or any third party if Daylight Studios exercises any such rights.

6. Disclaimer of Warranty; Limitation of Liability

DAYLIGHT STUDIOS DOES NOT MAKE ANY WARRANTEES, CLAIMS OR REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT FROM TIME TO TIME, DAYLIGHT STUDIOS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OR CANCEL THE SERVICE AT ANY TIME WITHOUT NOTICE TO YOU. YOU AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SERVICE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL DAYLIGHT STUDIOS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DAYLIGHT STUDIOS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

7. Termination of this Agreement

You may terminate this Agreement and your relationship with Daylight Studios at any time by ceasing to use the Service. Without limiting other remedies, Daylight Studios may suspend or terminate this Agreement with you or may terminate or suspend your use of the Service at any time if: (A) YOU ARE IN DEFAULT OF THESE TERMS; (B) YOU ARE ENGAGED IN ILLEGAL ACTIONS, OR INFRINGE PROPRIETARY RIGHTS, RIGHTS OF PRIVACY, OR INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON, OR ANY THIRD PARTY RIGHTS, OR OTHERWISE CREATE RISK OR POSSIBLE LEGAL EXPOSURE FOR US; (C) REQUIRED BY APPLICABLE LAWS/REGULATIONS AND WITHIN THE TIME LIMITS AS REQUIRED BY SUCH LAWS/REGULATIONS; (D) WE DECIDE TO CEASE OFFERING THE SERVICE TO USERS GENERALLY. Upon termination of this Agreement; (a) all licenses and rights to use the Service shall immediately terminate; (b) you will immediately cease any use of the Service. Any suspension or termination of this Agreement will not affect your obligations to Daylight Studios under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, and confidentiality), which reasonably are intended to survive such suspension or termination. (c) YOU ACKNOWLEDGE THAT DAYLIGHT STUDIOS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

8. General

This Agreement constitutes the entire agreement between you and Daylight Studios and governs your use of the Service, superseding any prior agreements between you and Daylight Studios regarding the Service. You may also be subject to additional terms and conditions that apply when you use affiliate services, third-party content, or third-party software. Suppose any part of this Agreement is held invalid or unenforceable. In that case, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Daylight Studios’ failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Daylight Studios will not be responsible for failures to fulfil any obligations due to causes beyond its control. Daylight Studios operate the Service from its offices in Singapore. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations for your Service use. All transactions on the Service are governed by Singapore law without giving effect to its conflict of law provisions. Your use of the Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Daylight Studios or relating in any way to your use of the Service resides in the courts of Singapore. No Daylight Studios employee or agent has the authority to vary this Agreement.

Daylight Studios may send you notice concerning the Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address or by posting on the Service. Notices shall become effective immediately.

Daylight Studios reserves the right to take reasonably necessary or appropriate steps to enforce and verify compliance with any part of this Agreement. You agree that Daylight Studios has the right, without liability to you, to disclose any aggregated Account information to law enforcement authorities, government officials, and a third party as Daylight Studios believes is reasonably necessary or appropriate to enforce and verify compliance with any part of this Agreement (including but not limited to Daylight Studios’ right to cooperate with any legal process relating to your use of the Service and products, and a third-party claim that your use of the Service and products is unlawful and infringes such third party's rights).

II. PRIVACY POLICY

The security of your personal information is important to us. Please do not enter any personal information about yourself except the information needed to create and maintain your user account on social networks or App Store websites. We do not hold any liability for any personal data or any sensitive information you provided during the opening of the account, which is not expressly and specifically required for proper registration.

We follow generally accepted industry standards to protect the personal information submitted during transmission and after receiving it. However, no method of transmission over the Internet or electronic storage method is 100% secure. Therefore, while we aim to use commercially acceptable ways to protect your personal information, we cannot guarantee that it is secure. Please keep it in mind before submitting any information about yourself. Please note that information you voluntarily make public in your user profile or disclose by posting comments will be publicly available and viewable by others. We do not hold any liability for any information you voluntarily choose to be public through such and other explicit actions. Our Services are not intended for children under 13, and we do not knowingly collect any personal information from such children. Children under 13 should not use our Service at any time.

We receive and store any information you enter on our Service and provide to us in any other way, including via any third-party site or service you authorise us to access your information (e.g. Facebook). The types of personal information collected in this fashion are used to optimise the Service. Generally, the Service automatically collects usage information in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally to improve the Service. As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use our Services. We may share this type of statistical data so that our partners also understand how people use the Services so that they, too, may provide you with an optimal user experience. Again, Daylight Studios never discloses aggregate information to a partner in a manner that would identify you personally.

Personal Information Collected Temporarily for Customer Support: Daylight Studios may automatically receive and record information including, but not limited to, Account information, e-mail address, device phone number, mobile operating system, and other necessary device information to assist in your inquiry to customer support. However, the data collected is only temporary and deleted immediately and permanently once the inquiry is resolved or otherwise you decide that the pertinent issue(s) is deemed satisfactorily addressed.

You must ensure no unauthorised access to your account and personal information by limiting access to the Service's device.

Daylight Studios endeavours to protect user information to ensure that user account information is kept private. However, Daylight Studios cannot guarantee the security of user information. Unauthorised entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

Your information with limited access rights (including personal information) can only be accessed by our authorised employees or consultants or the concerned group entities that need access to this data to fulfil their given duties. However, we shall take appropriate organisational and technical measures to protect your data.

We reserve the right to disclose your personally identifiable information as required by any law and when we believe that disclosure is necessary to protect our rights and comply with judicial proceedings, court orders, or legal processes.

We will retain your information for as long as is necessary to: (1) fulfil any of the services we provide or (2) comply with applicable legislation, regulatory requests and relevant orders from competent courts.

Suppose we do decide to change our privacy policy. In that case, we will post any changes to this privacy statement so that you know what information we collect, how we use it, and under what circumstances we may disclose it.

We reserve the right to modify this privacy statement anytime, so please review it relatively frequently. If we make any changes to this policy, we will notify you here.