TERMS OF USE

1. Acceptance of Terms

Welcome to the online gaming services ("Services") provided by APEX GAMES – FZCO (referred to as “APEX GAMES”, “we,” “us,” or “our”) and its affiliated entities. These Terms of Use (“Terms”) govern your access to and use of our website, mobile games, platforms, applications, and all related software, content, features, and services. By accessing our website, downloading, installing, or using any of our games or Services, you ("you" or "user") agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to access or use our Services and must discontinue use immediately. These Terms constitute a legally binding agreement between you and APEX GAMES.

2. Amendments to Terms

APEX GAMES reserves the right, at its sole discretion, to modify, amend or update these Terms at any time. All changes will become effective immediately upon posting on our website or within the Services. You are responsible for regularly reviewing the Terms. Continued use of the Services after any such changes constitutes your acceptance of the revised Terms.

3. Service Modifications and Termination

We reserve the right to modify, suspend, or discontinue any part of the Services, including game features, content, or functionality, at any time without prior notice and without obligation to provide reasons. We also retain the right to restrict or terminate your access to the Services at our sole discretion, for any reason or no reason. APEX GAMES shall not be liable for any such modifications, suspensions, or terminations.

4. License Grant

Subject to your compliance with these Terms, APEX GAMES grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for personal, non-commercial purposes. This license does not grant any ownership interest or rights to the underlying software or Content. APEX GAMES reserves all rights not expressly granted herein.

5. Intellectual Property Rights

All rights, title, and interest in and to the Services, including all associated content (such as software, source code, game mechanics, trademarks, text, graphics, audio, video, designs, and virtual items) are the exclusive property of APEX GAMES or its licensors and are protected under international intellectual property laws. Unauthorized use, copying, distribution, modification, reverse engineering, or resale of any portion of the Services is strictly prohibited unless expressly authorized by APEX GAMES in writing.

6. User-Generated Content

Where permitted, you may submit or create content within the Services (“User-Generated Content” or “UGC”). By submitting UGC, you grant APEX GAMES a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, publicly display, and otherwise exploit such content in any media or platform for any lawful purpose. You represent that you have all necessary rights to grant this license, and that your UGC does not violate any laws or third-party rights.

7. Virtual Currency and Items

Services may include virtual currencies, items, or features available for purchase or acquisition within the game ("Virtual Items"). These Virtual Items have no real monetary value and are not subject to exchange or transfer outside of the Services. Purchasing or obtaining Virtual Items grants only a limited, non-refundable, non-transferable license to use them within the Services. All transactions are final. APEX GAMES reserves the right to modify, devalue, or delete Virtual Items at its sole discretion and is not responsible for any potential losses.

In addition to the sale of in-game currency/items and gaming assets, it is strictly prohibited to transfer game accounts to third parties and to purchase Virtual Items by any means other than through APEX GAMES.

In accordance with Brazilian law, users have the right to request a refund within seven (7) days of any digital purchase (including Virtual Items), provided the item has not been used.

8. User Conduct

You agree to use the Services lawfully and responsibly. You shall not:

• Violate intellectual property rights;
• Harass, threaten, or insult others;
• Post illegal, obscene, or offensive material;
• Use, develop, distribute, or promote any cheat codes, hacks, exploits, bots, unauthorized modifications, unauthorized software, or any tools or methods intended to gain unfair advantage in the game or bypass its mechanics and security measures;
• Trade, sell, or exchange accounts or items outside of the game;
• Impersonate others or misrepresent your affiliations;
• Violate privacy rights;
• Compromise the security or performance of the service;
• Engage in behavior that disrupts the user experience;
• Commercialize any part of the Services without our written consent;
• Obstruct other players' gameplay;
• Advertise other services without permission;
• Fail to follow the rules of official communities related to the game;
• Sell, exchange, or acquire information to access other users' game accounts.

APEX GAMES may monitor user behavior and remove content or suspend accounts (temporary or permanent suspension of your account, termination of access to the Services, and forfeiture of all in-game assets, virtual currencies, or purchases without refund or compensation) that violate these Terms or applicable law.
APEX GAMES reserves the right to pursue legal action against violators for damages, injunctive relief, or other remedies under applicable law.
You are solely responsible for any damages, losses, or liabilities caused by your use of cheat codes, hacks, or unlicensed modifications, including harm to the Services’ infrastructure, other players’ experiences, or third-party systems. You agree to indemnify and hold harmless APEX GAMES, its affiliates, and partners from any claims, costs, or damages (including legal fees) arising from your actions.
APEX GAMES is not liable for any damages, losses, or harm caused by third-party malware, viruses, or software (including cheat codes or hacks) downloaded or used by you from sources outside the Services’ official platforms (e.g., Google Play, App Store). You acknowledge that installing or using such unauthorized software is at your own risk, and APEX GAMES will not be responsible for any resulting consequences, including damage to your device or data loss.

9. Account Registration and Security

To access certain features, you must create an account. You are responsible for safeguarding your login credentials and all activities that occur under your account. Sharing your credentials or using another user's account is prohibited. If you suspect unauthorized access, notify us immediately. We disclaim liability for losses due to failure to protect your credentials.
Your email address is used as a unique technical identifier across different login methods (such as Google or Facebook) to ensure consistent access to your account. If you use a new login method with the same verified email, we will provide access to the existing account associated with that email. We do not merge different accounts. Your email is used solely to verify your identity and grant access to your existing account.

10. Age Restriction and Jurisdictional Compliance

The Services are intended for users who are at least eighteen (18) years old, or the legal age of majority in their jurisdiction, whichever is higher. By using the Services, you represent that you meet this requirement. We reserve the right to implement age verification mechanisms and to suspend accounts found in violation.
European Union (EU). Users must be 18 or older in accordance with the General Data Protection Regulation (GDPR). This helps protect personal data and ensure privacy. We may verify your age and collect only essential data. EU users have the right to know how their data is used, to access or correct it, and to request deletion, as explained in our Privacy Policy.
Brazil. In compliance with the Brazilian General Data Protection Law (LGPD), users must be 18 or older. Your personal data will be processed securely and only for legitimate purposes. You may access, correct, or request deletion of your data, and you have the right to know what information we collect and how we use it.
United States (USA). In line with the Children’s Online Privacy Protection Act (COPPA) and other federal or state laws, users must be 18 or older to access our Services. We do not knowingly collect any data from users under 13. If we become aware of such data, it will be permanently deleted. If you're under 18, you must have parental or legal guardian consent to use our Services, and that guardian assumes responsibility.
Other jurisdictions. If you are located outside of the regions listed above, you are responsible for complying with your local laws, including age restrictions and data privacy regulations.
Use of the Services where prohibited by law is not allowed. APEX GAMES is not responsible for unlawful use by individuals who misrepresent their age or eligibility.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. APEX GAMES DISCLAIMS ALL IMPLIED OR EXPRESS WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE OR THAT THE SERVICES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, APEX GAMES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO APEX GAMES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless APEX GAMES and its affiliates, officers, directors, employees, and contractors from any claims, losses, damages, liabilities, or costs (including legal fees), arising from your use of the Services, your breach of these Terms, or violation of any rights of third parties.

14. Applicable Law and Dispute Resolution

These Terms shall be governed by the laws of Dubai, United Arab Emirates, except as otherwise required by applicable consumer protection laws.
If you are a consumer residing in Brazil, the European Union, certain U.S. states, or any other jurisdiction that requires the application of local mandatory consumer protection laws, you will retain the protections afforded to you under such laws. In these cases, these Terms shall be governed by the laws of your country of residence, and any disputes may be brought before the competent courts of your country. Nothing in these Terms shall restrict your statutory rights, including the right to access local courts or consumer protection authorities.
For all other users, and unless otherwise required by applicable law, any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be finally resolved by binding arbitration administered by the Dubai International Arbitration Centre (DIAC) in accordance with the DIAC Arbitration Rules in effect at the time of the request. The seat of arbitration shall be Dubai, United Arab Emirates, and the language of arbitration shall be English.
Nothing in this clause prevents APEX GAMES from seeking interim, injunctive, or equitable relief before any competent court.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remainder shall remain in effect. The invalid provision shall be replaced by a valid provision that best reflects the intent of the original.

16. Entire Agreement

These Terms represent the full agreement between you and APEX GAMES with respect to the Services and supersede any prior agreements or understandings.

17. Contact Information

Questions or concerns regarding these Terms may be directed to: [email protected].

18. Supplemental Policies

Additional terms may apply to specific features, such as tournaments, forums, events, or promotional campaigns. Your use of such features is subject to those supplemental terms and these Terms.

19. Game Rules

Your use of the Services is also governed by specific Game Rules, which are maintained and updated separately by APEX GAMES. These Rules may be published on the company's official website, within the application, or within certain game features or modes. By accessing or using the services, you agree to comply with all applicable Game Rules.

APEX GAMES reserves the right to update, modify, or replace the Game Rules at any time without prior notice. You are responsible for regularly reviewing the current version of the Game Rules. Continued use of the Services after any such updates constitutes your acceptance of the revised Game Rules.

Violations of the Game Rules may result in sanctions, including but not limited to: disqualification, loss of rewards, temporary or permanent account bans, or suspension.

20. Your Consent

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS. YOU ALSO CONSENT TO OUR COLLECTION AND USE OF PERSONAL INFORMATION AS OUTLINED IN OUR PRIVACY POLICY.

YOUR CONSENT IS GIVEN FREELY, SPECIFICALLY, INFORMEDLY, AND UNAMBIGUOUSLY BY A CLEAR AFFIRMATIVE ACTION.