Terms of Service
Please read these terms and conditions (“Terms of Service”) carefully before using the Service (defined below) or accessing the Platform (defined below).
The Terms of Service govern the relationship between any user or individual (“User” or “You” or “ User”) who has access / browses the Platform (“Uses”) or uses any of the Services of Octro Inc. along with its Affiliates and other group companies worldwide (“Octro” or “Company” or “We” or “Our” or “Us”).
For the purpose of these Terms of Service, Platform shall mean websites and mobile applications, and / or other domains or platforms owned and /or operated by Octro, which currently include:
and any other websites and mobile applications, and / or other domains or platforms which may be owned or operated by the Company in future.
Creating an account with false information is a violation of the Terms of Services, including accounts registered on behalf of others or persons under the age of 16.
“Minimum Age” means 16 (sixteen) years old. However, if any applicable law requires that You must be older in order for Octro to lawfully provide the Services to You without Parental Consent (including using of Your personal data) then the Minimum Age is such older age.
Our Services available for Your use on our Platform are strictly for amusement purposes only. While no real or actual money which is a legal tender accepted by any sovereign government with store of value (“Real Money”) cannot be won using, playing Octro Games, or practicing via the applications on the Platform, Octro Games may include virtual currencies such as chips, items or services for use with Octro Games and other virtual in-game items (“Virtual Money"). You agree that once purchased or earned on the Platform, the Virtual Money shall have no monetary value and can never be exchanged for real money, real goods or real services from Us or anyone else.
Subject to Your compliance with these Terms of Service, Octro grants you a revocable, non-exclusive limited license to access and use the Services. This license is non-transferable. You agree to use the Service for your own non-commercial purposes.
Octro Games are free to download and You will play Virtual Money. Octro gives You Virtual Money in the form of free chips to begin. If You use all the chips then You have the option to buy chips and/or earn them in forms of reward by performing specific activities. The chips that You buy and the chips that You win are Virtual Money have a pre-assigned monetary value, however they cannot be returned to Octro in exchange for Real Money. If You do not want to play the Octro Games anymore, the chips remaining with You have no value in real money. These chips cannot be transferred to another User within the Octro Game unless explicitly allowed to transfer with the consent of the User owning the chips in accordance with the rules specified for the relevant Octro Game. Chips are sold on other / third party platforms such as Apple, Google and Facebook. Octro does not sell chips or collect any payment or payment data on behalf of Apple, Google or Facebook. No other party is authorized to sell the chips for use on Platform. You do not play with Real Money. At times You may “earn” or “buy or purchase” Virtual Money. This Virtual Money does not refer to any credit balance of Real Money or its equivalent and cannot be converted to any Real Money.
By accepting to use Octro Game, You fully understand and agree that You can lose chips because of many reasons besides losing while playing the game. Some of the reasons are Your data connection, internet connection, improper behavior on the Octro Game application, server problem, sudden increase in traffic, someone else using Your account or Your account is hacked and other reasons that are beyond the purview of Octro Inc. Octro would not be liable for any loss of chips due to functioning as well as malfunctioning of its servers and software including the Octro Games applications.
We deduct a part of the winnings in certain cases (also known as Rake), whose value depends on many variables, and can be changed at any time as Octro deems fit.
When you download an Octro Games application by Octro, you accept and agree to play for fun and entertainment and Octro is not liable for any damage or loss or whatsoever.
Octro reserves the right to terminate Services and the license of any User without giving any reason. If Octro believes that a User has acquired chips from unauthorized sources and from sources that violate these Terms of Service, it has the right to take away all or a part of the total chips from the user. By using Our Service, You further agree that:
- You are fully responsible for any unauthorized use of the Service and the Platform including not limited to the use of credit card or any payment by any method.
- You shall use Your account only for non-commercial entertainment purposes. You shall not use the Service for any other purpose.
- You shall comply with the laws that apply to You in the location that You access our Services from. If any laws applicable to You restrict or prohibit you from using Our Services, You must comply with those applicable legal restrictions or, if applicable, stop accessing and/or using our Services.
- You shall not use Your account for any illegal activity.
- You shall not use Your account to transmit repetitive messages (spam), junk e-mail, advertise and/ortosolicit.
- You shall not post any objectionable and offensive information including but not limited to abusive, threatening, libelous remark, racial, sexual, or obscene.
- You will not use Your account to cheat or hack the game by any means.
- You shall not sublicense, lease, trade, gift, sell or otherwise transfer Your account or associated virtual items partly or fully to anyone without written permission from Octro.
- You shall not buy or purchase Virtual Money from any unauthorized source.
- You shall not create or use more than one Facebook account to use the Service or other login illegally.
- You shall not use any of the Services or create an account or use an account if You have been removed or banned from using the Service.
- You shall not create title/names or account details with language that is offensive, misleading, provocative and/or caninfringes the rights of third parties. We reserve the right to change such data and/or terminate your account.
- Inactive account for a long period 1 (one) calendar year of time will be terminated without due notice.
- Your contributions while using Our Service or a post about Octro or its Service in any media will be treated as non-confidential and non-proprietary. You also grant Octro a non-exclusive, royalty free, interminable,non retractable and fully sub-licensable right to use, copy, reproduce, modify, publish, translate, distribute and display such contribution throughout the world in any media wherever Octro deems fit.
- If You wish to terminate Your account, please contact Us via email mentioned under Customer Care.
- All provisions of these Terms of Service which by their nature should survive termination will survive termination.
You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Platform and the Services including all information, data, software, sound, photographs, graphics, video, messages, tags, formats of Octro Games or other materials may be sent, uploaded, communicated, transmitted or otherwise made available by Us on the Platform and via our Services, together “Octro Content” (other than the User Content which is contributed and owned by the Users) is owned by or licensed to Us.
Subject to Your compliance with these Terms of Service, We hereby grant You a non-exclusive, non-transferable, personal, revocable and limited license to access and/or use our Services (but not any related object and source code) for Your own personal private use, in each case provided that such use is in accordance with these Terms of Service. These Terms of Services shall also apply to any update or patches which We may release or make available for any of the Services and any such update or patch shall be deemed part of the Services for the purposes of these Terms of Service.
You acknowledge and agree that other than license granted to You by these Terms of Service, You shall have no ownership or property interest in any of Our Services, including without limitation online accounts, any Virtual Money. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services.
Further, You must not make use of any technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Money, whether on a free of charge basis or otherwise. All information, data, software, sound, photographs, graphics, video, messages, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by You or another user (“User Content”) while using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the User Content. By submitting User Content via our Services You:
- are representing that you are fully entitled to do so;
- grant Us the right to edit, adapt, publish and use your entry and any derivative works We may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to You;
- acknowledge that You may have what are known as “moral rights” in the User Content and You agree to waive any such moral rights You may have in the User Content to the maximum extent permitted under applicable laws; and
- agree that We have no obligation to monitor or protect Your rights in any User Content that You may submit to Us, but You do give us the right to enforce Your rights in that User Content if We want to, including but not limited to taking legal action (at our cost) on Your behalf.
No portion of the Company, or its Platform, which includes this site, may be copied or redistributed in any manner without the express written consent of the Company. Octro, OctroTalk, all Octro Games, and all other Octro software title names and their respective logos are trademarks are the trademarks or registered trademarks of Octro. You do not have ownership of any intellectual property rights, including branding or logos of Octro and You shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, Service available from or through Octro, except that which You may download for personal, non‐commercial use.
You agree to indemnify, defend, and hold Octro, its directors, associates, group, employees and representatives (“Affiliates”) harmless from and against any and all losses including reasonable attorney’s fees and expenses, of third parties relating to or arising out of:
- fraud or dishonesty relating to any transaction by You; or
- misrepresentation/fraud/negligence with respect to data and information provided by You;
Octro will have the right to participate in any defence by you of a third-party claim related to Your access / use of the Platform or Your account, with counsel of the Company’s choice at its expense.
Octro also reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Us in asserting any available defences.
The terms of this provision of Terms of Service will survive any termination or cancellation of this Terms of Service or Your access / use of the Platform / Services / Your account.
You must receive Octro prior written consent regarding any related settlement in any claim against Octro or its Affiliates.
LIMITATION OF LIABILITIES: Octro or its Affiliates, under no circumstances, shall be liable for any action performed or omitted to be performed or for any errors of judgment in relation to Your account.
YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. We do not warrant that the Services will be compatible with all hardware and software which You may use.
To the fullest extent permitted by law, Octro excludes all warranties, conditions, terms or representations about the accuracy or completeness of Platform or the of any sites linked to the Platform. The Services, and the Content are provided "AS IS", "AS AVAILABLE" and without warranty of any kind, express or implied including, but not limited to, the implied warranties with respect to title; non-infringement; merchantability; uninterrupted, timely, secure or error free use of the Services; and fitness for a particular purpose; and any warranties implied by any course of performance or usage of trade; all of which are expressly disclaimed.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE IF ANY ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.
IN NO EVENT SHALL WE, NOR OUR AFFILIATES, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE), OR (III) FOR ANY DIRECT DAMAGES WILL BE LIMITED TO THE AMOUNT RECIEVED BY US FROM YOU WITHIN THE LAST 12 MONTHS TOWARDS THE SERVICES.
NOTICE: You agree that We will provide notices and other communication to You in the following ways: (1) within the Service, or (2) sent to the contact information You provided us (e.g. email, mobile number, physical address). You agree to keep your contact information up to date
ARBITRATION: All disputes arising out of or in connection with this Terms of Service shall be finally settled in accordance with the Delaware Rapid Arbitration Act then in effect. All proceedings of the arbitration shall be in the English language and a written transcript of the proceedings shall be made and provided to the parties to arbitration. The seat and the venue/ place of arbitration shall be Delaware, United States of America. The arbitral tribunal shall comprise of 3 (Three) arbitrators. The claimant(s) shall appoint 1 (One) arbitrator and the respondent(s) shall appoint 1 (One) arbitrator. The 2 (Two) appointed arbitrators shall appoint the third arbitrator; and arbitration awards rendered shall be final, binding and shall not be subject to any form of appeal. Each party to a dispute shall bear its own cost and expenses.
GOVERNING LAW: The Terms of Service will be governed and construed in accordance with the laws of Delaware, without regard to its conflict of law provisions. The courts in Delaware shall have exclusive jurisdiction in respect of any matters arising herefrom.
NO CLASS ACTION: By accepting this Term of Service, You agree to waive Your right to bring or participate in a class action lawsuit against us. Neither You nor We may be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding.
FORCE MAJURE: The Company shall not be liable for any inability to fulfil its respective commitments hereunder occasioned in whole or in part due to circumstances beyond its reasonable control including but not limited to natural calamities, wars, fire, flood, strike or labour trouble in the industry as a whole, accident, riot, war, act of governmental authority, epidemic or pandemic if so declared by the World Health Organization or the applicable governmental authority having jurisdiction over the Party claiming occurrence of such event, or act of God.
SERVERABILITY: If any provision of these Terms of Service is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the Terms of Service will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
WAIVER: Octro’s failure to enforce any right or provisions of these Terms of Services shall not be considered as waived by Octro.