Last updated February 28, 2020

1.Definitions

In this ToS the following definitions, when capitalized, shall have the following meanings:

Apple – means Apple, Inc., any parent or group company or any successor thereof which operates the Apple mobile platform currently called “App Store”.

Apps – means Our mobile applications and any services provided through the Apps. It is a part of the Services which We provide to You. A complete list of the Apps can be found at https://www.fungame.studio/

Company (or “Guru Smart”, “We”, “Us”, “Our”) – means Guru Smart Holding Limited, the company registered in British Virgin Islands, registration number 1920680, having registered office at P.O. Box 905, Quastisky Building, Road Town, Tortola, British Virgin Islands.

Content – means all kinds of content, including, but not limited to information, data, text, articles, links, software, sound, music, photographs, graphic or video messages, tags or other materials uploaded, communicated, transmitted, created, generated or otherwise made available or accessible via Our Services, whether publicly available or privately transmitted by a Third Party Supplier, or contributed, submitted, displayed or otherwise provided by You when using the Services, or as a result of Your interaction with other user of the Services.

Device – means an authorized smartphone or a tablet or other mobile device, which You own or otherwise legally control solely for Your lawful, personal, and non-commercial use.

EEA – means the European Economic Area.

ToS – means this Terms of Service, which is the legal agreement between You and Us, and together with all the related documentation sets forth the terms and conditions governing the use of any of Our Apps downloaded and installed by You or other related Services.

Intellectual Property Rights – means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights.

Mobile Platform – means a platform operated by a third party (e.g. “App Store” operated by Apple, or “Google Play” operated by Google), where You may access and download the Apps to Your Device.

Open Source Software – means all or any portion of the App, which constitutes a nonproprietary software or software provided under free public license by third parties.

Policy – means the privacy policy, which describes how We collect, use, process, store and share information that We collect about You, and which is incorporated here by this reference as a part of ToS.

Representative – means a parent, or a legal guardian, or other representative under the applicable law of a person between 16 and 18 years of age.

Services – means Apps and Our related services/products and websites, which You download, install, use and/or visit.

Third Party Suppliers – means third party suppliers who offer Content and/or services in conjunction with or through the Services.

Unacceptable Content – means any kind of content or behavior in connection with the use of the Apps or Services that is either illegal or unacceptable under the generally accepted moral rules including, but not limited to the following examples: (i) engaging in or contributing to any illegal activity or activity that violates others’ rights, (ii) content that is or could be reasonably viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable and unacceptable; (iii) providing information that is false, misleading or inaccurate, (iv) disclosing of any personal or proprietary information of another user or any other person or otherwise invading other person privacy, (v) abuse, harassment, stalking, threats, faming or intimidation of any person or organization, (vi) profanity or use of derogatory, discriminatory, hatred or excessively graphic language, (vii) any content that may harm minors, (viii) disseminating or advocating in any way hate, intolerance, discrimination, harm, racial or ethnic hatred, violence, crime or war, (ix) offensive, vulgar, sexually explicit or pornographic content, (x) promoting the use of alcohol, tobacco or any narcotic or illegal substances, firearms (xi) transmitting software viruses, worms or any other kind of harmful software, (xii) unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, (xiii) hacking, (xiv) infringing any Intellectual Property Rights, or unlawful provision/disclosure of information (insider information, confidential information, etc proprietary information), (xv) other unacceptable content or behavior.

USA – means the United States of America.

U.S. Government – means, the United States of America, its agencies and/or instrumentalities.

You (or “Your” or “User”) – means the person, who uses Our Services under this ToS and whose data is collected, stored, processed, used and shared according to Our Policy.

Your information – means Your personal data and other related information further described in more detail in the Policy.

IMPORTANT NOTICE FOR U.S. USERS REGARDING ARBITRATION: WHEN YOU AGREE TO THIS ToS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND GURU SMART THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY “DISPUTE RESOLUTION FOR USERS IN THE UNITED STATES” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

2.About ToS and Us

3.License to use Our Apps and limitations

4.Installation, access and using Our Services

5.Privacy

Use of the Guru Smart Apps is subject to our Privacy Policy, which is hereby incorporated into this ToS by reference.

6.Content and user conduct

7.Links to Third Party Suppliers, Content and services they provide

We may link or provide access to Third Party Suppliers websites or services from Our Services, or Our Apps may be provided in connection with the advertising, services and Content of Third Party Suppliers. We are not responsible for the availability of such websites or resources of the Third Party Suppliers, and We are not responsible or liable for any Content, advertising, or services they provide. Any Content, advertising or services by such Third Party Suppliers are provided following the terms of services and privacy policies to be found on the website of the respective Third Party Supplier and, where applicable, You must familiarize Yourself and accept the terms of services and privacy policies of such Third Party Suppliers before using their services. We are not responsible or liable, directly or indirectly, to You in relation to any losses, damages or harm caused by or in connection with use of any such Content or services by the Third Party Suppliers. Any additional charges You may incur in relation to the use of the services by such Third Party Suppliers is Your responsibility.

8.Intellectual property

9.Export controls and legal compliance

Any download of Our Apps and use of Our Services shall be in compliance with all relevant international, U.N., USA or EU sales, export or import restrictions and regulations and You agree to comply with them. You represent and warrant that (i) You are not located in a country that is subject to U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S Code of Federal Regulations; (ii) You are not listed on any U.S Government list of prohibited or restricted parties; and (iii) You comply with relevant U.N. and EU sanctions and embargoes.

10.Term, termination and survival

11.Disclaimer of warranty

THE APPS AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT A WARRANTY OF ANY KIND. YOU USE THEM AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, GURU SMART, ON BEHALF OF ITSELF AND ANY OF ITS AFFILIATES, LICENSORS, DISTRIBUTORS, THIRD PARTY SUPPLIERS AND OWNERS OF THE MOBILE PLATFORMS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. WITHOUT LIMITATION, GURU SMART MAKES NO WARRANTY THAT THE APPS AND RELATED SERVICES AND THE QUALITY THEREOF WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, CORRECT, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT THE APPS AND RELATED SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY KIND OF PROPERTY DAMAGE OR LOSSES ARISING FROM YOUR USE OF OUR APPS OR RELATED SERVICES, OR DUE TO ANY UNAUTHORIZED ACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY, OR DUE TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, INCLUDING ANY DAMAGE OR LOSSES BECAUSE OF USE OF ANY CONTENT.

12.Limitation of liability

UNDER NO CIRCUMSTANCES WILL GURU SMART OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, COMMISSIONAIRES OR LICENSORS BE LIABLE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY OR NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE APPS OR RELATED SERVICES, BREACH OF CONTRACT, UNAUTHORISED ACCESS, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER ACTION BY ANY THIRD PARTY, EVEN IF WE OR OUR AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM THIS ToS OR RELATED TO YOUR USE OF THE APPS OR RELATED SERVICES, WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR USING THE APPS AND RELATED SERVICES UNDER THIS ToS DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM FIRST AROSE. THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY REMEDY SPECIFIED IN THIS ToS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

13.Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD GURU SMART ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, COMMISSIONAIRES OR LICENSORS HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS, SUITS, LOSSES, LIABILITY, DAMAGES COSTS AND/OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR OR INCURRED AS A RESULT OF YOUR USE OF THE APPS OR RELATED SERVICES, OR ANY KIND OF ALLEGED OR ACTUAL BREACH BY YOU OF THIS ToS, OR ANY INFRINGEMENT BY YOU OR ANY THIRD PARTY OF ANY INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS OF OTHER PERSONS.

14.Amendments

We can make amendments to ToS from time to time. In case of material amendments You will be also notified by an in-app message or by e-mail. Your continued use of the Apps and Services after the ToS has been amended shall mean that You accept the amendment to ToS. If You do not agree with any amendment to this ToS, You shall discontinue using the Apps or any related Services and shall uninstall and remove the Apps from Your Device. To uninstall and remove the Apps, please use the application manager provided with Your Device or consult Your Device manual for reference.

15.Applicable law and severability

16.Waiver of Our rights

Our failure to exercise or enforce any of Our rights under ToS does not waive Our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by Us.

17.Dispute resolution

18.Dispute resolution for Users in the United States

19.Notice for Apple Device users

20.Queries regarding this ToS

Should you have any questions, complaints or claims regarding the terms and conditions of this ToS, or any other queries, please, contact Us by email as follows: contact@fungame.studio