Last updated: OCTOBER 14, 2024
Welcome to PLAYA. These terms and conditions ("Agreement" or these "Terms") govern your access and use of PLAYA, an iOS mobile application operated by POTOK DIGITAL GROUP LTD (Company Number: 14360826) (here, "PLAYA," "we," "us" or "our") and the content, features, and playtesting opportunities we offer in connection with PLAYA(the "Services"). The Services governed by these Terms do not include other applications, products, or services.
By entering into and accepting these Terms, you acknowledge that your personal information will be used in accordance with the PLAYAPrivacy Notice (“Privacy Notice”).
1.1. This Agreement will remain in full force and effect while you use the Services and/or have a PLAYAaccount (the “Term”), unless terminated as described below.
1.2. To access the Services, you have to sign up and create an account. To create an account with PLAYA, you must provide login details you make available through a third party (e.g., Apple, Google, Facebook), or login using your email address if the option is available, and you must agree to these Terms and acknowledge the Privacy Notice.
Eligibility for an account and to use our Services is subject to the following representations and warranties that you make: i) all information you submit to PLAYAis truthful and will remain accurate and complete, ii) you have the legal capacity to agree to these Terms, iii) you are at least 18 years old, iv) you are a human (not a bot and/or AI program) and not accessing the Services to engage in fraudulent activity.
2.1. PLAYAoffers users access to content and information relating to Game Partner Games. PLAYAalso offers mobile game users and developers an opportunity to communicate more intentionally, with Game Developers providing opportunities for mobile game users to provide feedback relating to Game Partner Games.
2.2. In addition, Imply offers users the option of participating in a rewards program where they can earn Points for responding to certain Game Partner Offers. These Points can be redeemed for rewards when users discover, test, play, and engage with content and offers related to Game Partner Games displayed in the Services. We are constantly changing and improving our Services and may at any time add or remove functionalities or features of the Service, including, but not limited to, new ways for Game Partners or other Partners to seek valuable feedback from users and for users to communicate more intentionally with Game Partners or other Partners, including opportunities to earn rewards for such feedback. New features added to the Services will become subject to these Terms.
2.3. We do not guarantee that all Services will be available at all times, in all locations, to all users, due to technical, regulatory and other restrictions. Content and features within the Service may vary by User and location.
2.4. You may not use any technology or technique, such as a VPN service, to obscure or disguise your location. We may use technologies to secure our platform, prevent fraudulent activity, verify your geographic location, restrict access to the Services from other locations, and otherwise enforce these Terms and our Community Guidelines.
2.5. You may not use PLAYAif you are subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the UK Government, the European Union or its Member States, or other applicable government authority. Any violation of this section may result in loss of features, up to and including termination of User's account and forfeiture of all accumulated Points. User will indemnify PLAYA's owner (POTOK DIGITAL GROUP LTD) for any costs, fines or damages incurred by PLAYAdue to User's failure to comply with this paragraph. 2.6. PLAYAis not liable for any delay or failure to perform under this Agreement resulting from causes genuinely beyond PLAYA’s reasonable control, such as acts of God, war, government mandates, pandemics, failure of transportation, or communication.
2.7. To the extent allowed by applicable law, PLAYAreserves the right to withdraw, update, or amend the Services in PLAYA’s sole discretion without notice. PLAYAwill not be liable in the event that, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, PLAYAmay restrict or terminate access to all or any part of the Services to you or any other Users. Content on the Services may be out of date at any given time, and PLAYAis under no obligation to update any such content.
3.1. We reserve the right to update and change this Agreement at any time. You can always review the last updated version of the Agreement on our website. Where required by applicable laws, if we materially change this Agreement, we will provide you with reasonable advance notice and the opportunity to review the changes, except: i) when we launch a new product or feature, or ii) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. All changes are effective immediately when we post them and apply to all access to and usage of the Services thereafter. While your continued use of our Services means that you agree with such changes, we may from time to time ask you to affirmatively accept updates to this Agreement. If you do not agree to new terms, please stop using the Services, close your account, and delete the PLAYAmobile app from your device.
4.1. The PLAYAApp is proprietary software and subject to protection under applicable copyright and other laws relating to protection of intellectual property. Unless you have our written permission to do so, you may not: i) copy, modify or distribute any part of the Services, ii) reverse engineer or attempt to reconstruct or discover any source code or other data, except your own personal account information, from the Services, iii) use unauthorized modified versions of the Services, including without limitation, for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Services, or iv) remove any product identification, copyright or other notices from the Services.
4.2. In providing Services, PLAYAmay offer Users the opportunity to install and test games developed by Game Partners (“Games”). We do not control or take responsibility for the Games, their operation, or the content and features provided through them.
4.3. The privacy practices and terms and conditions that govern your use of and access to the Games are solely between you and the applicable publisher of such games, the Game Partner. It is your responsibility to read and comply with all terms and policies set by the Game Partners.
4.4. Our links to and promotions of Games do not indicate any approval or endorsement by PLAYAof any content or material contained within the Games. We disclaim all liability for your use and play of the Games, and for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages arising from any use of the Games. These limitations shall apply even if PLAYAhas been advised of the possibility of such damages.
4.5. All modifications, extensions, scripts and other derivative works of the Services provided or developed by PLAYAare owned exclusively by POTOK DIGITAL GROUP LTD or its licensors. If you provide us with any suggestions, creative ideas, improvements, insights, comments and ideas or other feedback related to the Services or the Games promoted within the Services (collectively, “Feedback”), we will be entitled to use that Feedback without restriction. You acknowledge that the incentives, rewards, or Points that PLAYAprovides for your Feedback is valuable consideration; and in exchange, you grant POTOK DIGITAL GROUP LTD a royalty-free, non-exclusive, worldwide, license to the Feedback for as long as permitted by applicable legislation, including the right to use, integrate, reproduce, analyze, combine, aggregate, report, distribute, sell, monetize, transform, create derivatives of, and publicly display such Feedback and its derivatives without obligation of further compensation or attribution to you. You agree that we are under no obligation of confidentiality or to credit you with respect to Feedback you provide, even if you state such restrictions in your submission. You have no obligation to provide Feedback.
4.6. PLAYAis an entertainment platform, not a game. We provide a service that allows users to earn rewards by completing events in partner games. We are not responsible for the content or functionality of these partner games.
5.1. The Services may include community features, the functionality of which may change from time to time. In your use of the Services, you declare and warrant to comply with Community Guidelines with respect to any content, username, or information you provide into the Services. PLAYAreserves the right to remove and disable any content or username that we deem to be illegal, profane, obscene, offensive, or in violation of the Community Guidelines.
6.1. You acknowledge that PLAYAneeds to collect, store and use personal information and data in the context of the Services as a data controller. Please refer to the PLAYAPrivacy Notice for more information.
6.2. You acknowledge that PLAYAmay use tracking technologies. Please refer to our PLAYAPrivacy Notice for more information.
6.3. PLAYAUsers may also choose to participate in PLAYA’s Rewards Program, in which Users can earn Points and redeem Rewards (e.g., digital gift cards) for Users’ timely completion of surveys or other offers relating to Game Partner Games presented within PLAYA. In order for us to reward your participation with Points, PLAYAneeds to know when to serve surveys that ask questions about an installed game. This requires PLAYAand the Game Partner to attribute (i.e., verify) game installation and track the following User activities: play time, game progression, viewing of advertisements, and in-game purchases.
6.4. To prevent fraudulent account registration and Rewards redemption, we may require Users to share information that may be deemed sensitive or protected data under applicable laws and use that data solely for this purpose – to prevent fraud and enforce these terms. Users who do not provide information required for verification may be unable to register for an PLAYAaccount and/or redeem Rewards and their account may be suspended.
6.5. PLAYAcollects and processes personal information including but not limited to username, email, avatar, user activity history within the app, name, age, and gender. For full details on data collection and processing, please refer to our Privacy Policy.
6.6. Our servers, which host the codebase and process user data, are located in the United States. By using our Services, you consent to your personal information being transferred to and processed in the United States.
7.1. You are required to comply with applicable laws at all times when using the Services. In particular, the following restrictions apply to your use of the Services. You are not allowed to:
7.2. Any account, device or User that appears to operate in violation of Section 7 (Rules of Conduct) is in material breach of this Agreement and may be suspected of, and reported to the authorities for, fraudulent activity. If we reasonably believe that any User activities or Points gained are the result of fraud, illegality or violation of these Terms, including the Rules of Conduct in this Section, we will investigate and take action, including but not limited to removing any Points, suspending access to Points, Rewards, or an account, or permanently blocking an account or device, with notice where required by law. We will consider in good faith any information from the User to show that the account has been used without fraud and in accordance with these Terms. If you have questions about PLAYA’s assessment of your account’s compliance with the Rules of Conduct, you may reach PLAYACustomer Support by sending an email to [email protected].
8.1. You may stop using the Services at any time, for any reason, by uninstalling the PLAYAmobile application or discontinuing your use of the Services.
8.2. PLAYAreserves the right to temporarily suspend or permanently terminate this Agreement and your account if: i) we are required to do so to comply with a legal requirement (e.g. U.S. sanctions laws) or a court order, ii) we believe with reason that there has been conduct that creates (or could create) liability or harm to PLAYAor its affiliates, any User or third party, iii) you materially or repeatedly breach terms of this Agreement (e.g. breach of Section 7); iv) your account remains inactive for a period of 180 days or more, v) we wind down or cease making the Services available. If we cease providing the Services, we will notify you within the Service, and if practicable, we will provide you at least thirty (30) days’ notice to make a redemption request (subject to any minimum redemption amount for a gift card). To the extent you provide us with a valid email address, we will provide notice in app and to the email address you have identified as affiliated with the account. If you do not make a redemption request within thirty (30) days of this notice of suspension or termination of services, your entire Points balance will expire. If you cancel or inactivate your account, any then currently existing Points will automatically expire upon cancellation or inactivation. It is your responsibility to make a redemption request (subject to any minimum redemption amount of points balance requirement described above) before cancellation or inactivation.
8.3. In addition, we reserve the right to, with or without notice, terminate any account which has been inactive for a consecutive period of eighteen (18) months. An account is deemed inactive when: i) no Points have been earned or redeemed and ii) there has been no access or attempt to access the Services (together “Inactive Accounts”). If the Inactive Account contains any Points or Rewards, they will be considered void subject to notice, only if required by local law.
8.4. After your account is terminated, you will not be able to access the Services and may not participate in any of the Services again without PLAYA’s express permission. Any Gameplay Data, virtual items, accumulated Points or balances may no longer be available to you. Termination of this Agreement by PLAYAwill not limit or restrict PLAYAfrom pursuing any other remedies available to it, including seeking damages or injunctive relief. You acknowledge that you will not receive money or any other form of compensation for unused Points when your account is closed.
9.1. The Services contain copyrighted material, trademarks, materials protected by authors rights and other proprietary information. All of the elements comprising the Services (inter alia, texts, images, domain name, trademarks, logos, audio and video files, software, photos, technology, graphic design, etc.) are protected by intellectual and industrial property law. The entire contents of the Services are protected as a collective work and database under copyright and database laws.
9.2. POTOK DIGITAL GROUP LTD owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Users may not modify, reverse-engineer, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part.
9.3. Except if expressly permitted by applicable law, no copying, reproduction, modification, public communication, assignment, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of POTOK DIGITAL GROUP LTD and the copyright owner (if different from POTOK DIGITAL GROUP LTD). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark notice or copyright notice shall be made.
10.1. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND DEFECTS, WHETHER KNOWN OR UNKNOWN, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POTOK DIGITAL GROUP LTD (ON ITS OWN BEHALF AND ON BEHALF OF EACH OF ITS AFFILIATES) EXPRESSLY DISCLAIMS (AND YOU HEREBY WAIVE) ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT, (B) REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE ACCURACY, COMPLETENESS, AVAILABILITY, TIMELINESS, USEFULNESS, OR RELIABILITY OF THE SERVICE (INCLUDING ANY CONTENT THEREON), AND (C) REPRESENTATIONS AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING ANY OF THE FOREGOING, PLAYAMAKES NO WARRANTY OR REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, ACHIEVE ANY RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEM, OR SERVICE, OR ARE UNINTERRUPTED, ACCURATE, FREE OF CONTENT ERRORS, VIRUSES, UNAUTHORIZED ACCESS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, SOFTWARE, DATA OR NETWORKS. POTOK DIGITAL GROUP LTD WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY VIRUS, HARMFUL CODE, UNAUTHORIZED ACCESS, OR THIRD-PARTY MATERIAL (INCLUDING GAMES). You are responsible for implementing sufficient procedures and controls to satisfy your particular security requirements.
10.2. EXCEPT AS REQUIRED BY LAW, IN NO EVENT WILL PLAYA, ANY OF ITS AFFILIATES, OR ANY OF THE RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING BE RESPONSIBLE OR LIABLE FOR ANY KIND OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ACCESS REWARDS, OR ANY THIRD PARTY SERVICES. DAMAGES UNDER THIS LIMITATION OF LIABILITY INCLUDE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY (INCLUDING DEATH OR EPILEPTIC SEIZURE TRIGGERED BY AN ADVERTISEMENT OF OUR SERVICES), PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR AN ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. USER FURTHER AGREES THAT POTOK DIGITAL GROUP LTD, ANY OF ITS AFFILIATES, OR ANY OF THE RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING SHALL NOT BE LIABLE TO USER NOR TO ANY THIRD PARTY FOR ANY TERMINATION OF USER ACCESS TO THE SERVICES OR DELETION OF USER DATA. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING CONSUMER PROTECTION LAW). UNDER NO CIRCUMSTANCE SHALL PLAYA’S OR ITS AFFILIATES’ MAXIMUM LIABILITY IN CONNECTION WITH THESE TERMS IN THE AGGREGATE EXCEED THE GREATER OF: (A) THE AMOUNT ACTUALLY PAID BY YOU SPECIFICALLY FOR THE SERVICES; AND (B) $100.00. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY AND, SOLELY TO THE EXTENT NOT SO ALLOWED, SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. You acknowledge and agree that the above exclusions and limitations of liability are reasonable in accordance with each of your and PLAYA’s obligations and level of risk under these Terms. The limitation of liability does not apply to liability resulting from our gross negligence or willful misconduct.
10.3. You access the Services on your own initiative and are responsible for compliance with all local laws that apply to you. If you violate or breach any term within this Agreement or if you face a claim that your actions or content violated the rights of a third party, you agree to defend, indemnify, and hold harmless PLAYA, its affiliates, and the respective licensors, service providers, suppliers, officers, directors, employees, contractors, agents, successors, and assigns of each of the foregoing, as permitted by law, from and against any and all claims, liabilities, judgments, awards, losses, costs and damages, including reasonable attorney fees arising out of or relating to: (a) your access to or use of the Services; (b) your breach of these Terms; or (c) any unauthorized access to or use of your account on the Services.
10.4. The limitations of liability in this Section 10 also apply to POTOK DIGITAL GROUP LTD’s affiliates, officers, directors, employees and agents. The terms in this Section 10 shall apply to the fullest extent permissible under local laws.
These Terms shall be governed by and construed in accordance with the laws applicable in England and Wales.
PLAYAis intended for global use. However, we make no representations that the Services are appropriate or available for use in locations outside the United Kingdom. Those who access or use the Services from other jurisdictions do so at their own risk and are responsible for compliance with local law.
12.1. If you have a complaint about our Services, please contact us first by emailing [email protected]. We will do our best to resolve any disputes quickly and efficiently.
12.2. If you are a consumer, you may have the right to refer a dispute to the European Commission's Online Dispute Resolution Platform at http://ec.europa.eu/consumers/odr.
12.3. If a dispute cannot be resolved through the above means, either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties' relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the London Court of International Arbitration (LCIA) under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
12.4. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of England and Wales.
12.5. You and PLAYAare each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
12.6. You may bring claims only on your own behalf. Neither you nor PLAYAwill participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if PLAYAis a party to the proceeding.
12.7. This arbitration provision shall survive termination of these Terms.
12.8. Notwithstanding the foregoing, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
13.1. When you access or use the Services, provide your email address to one of our representatives, or send us emails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, whether in app or by email, satisfy any legal requirement that such communication be in writing.
13.2. If one or more of the provisions of this Agreement is held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality, and enforceability of the remaining provisions of this Agreement shall be unaffected.
13.3. The parties’ failure to require or enforce your performance of any specific term of this Agreement or the non-exercise of any right under this Agreement shall not be considered a waiver of the right to rely on that provision of the Agreement in any other instance.
13.4. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written, electronic, or oral communications, representations, agreements, or understandings between the parties with respect thereto. The headings in this Agreement have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof.
13.5. If you identify any data entry error or would like to withdraw your consent to these Terms, you may submit an appropriate request to customer support by sending an email to [email protected]. In such a case, we may request information to confirm your account status before closing and deleting your account.
13.6. In the event this Agreement is terminated, all terms that by their nature are intended to survive termination of this Agreement shall survive, including but not limited to terms related to intellectual property, warranty disclaimer, limitation of liability, and indemnity, governing law and jurisdiction, and dispute resolution by binding arbitration.
13.7. Our registered office address is Brosnan House, Suite 2b, 175 Darkes Lane, Potters Bar, England, EN6 1BW.
13.8. If any part of these Terms is found to be unenforceable, the remaining parts will remain in full force and effect.
13.9. These Terms are governed by English law. This means that your use of the Services and any dispute or claim arising out of or in connection with these Terms will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction, although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant