TERMS OF SERVICE
"Terms") constitute a legally binding agreement between you, as a user of
the Service (as defined below) ("you") and Clever Apps Pte. Ltd., the provider of
the Service ("we" or "us" or "Clever Apps").
- By loading, installing, accessing and using our games, applications, content,
activities, and services (the "Service") which are made available through third party
social networking websites, such as Facebook, and/or by application stores, such as Google Play or Apple AppStore, and/or directly by us, you confirm that
you have read, understand and agree to be bound by these Terms. If you do not agree
with these Terms, you are prohibited from accessing and using the Service.
- You must be 13 years or older in order to use the Service. If you are
between 13 and 18 you must seek permission of a parent or legal guardian before using
the Service. Parents and legal guardians warrant and represent that they have
reviewed and agreed to these Terms.
2. INFORMATION ABOUT US
- We are Clever Apps Pte. Ltd., a company registered in Singapore under
registration number 201706967K. Our registered address is 8 Marina Boulevard #11-00
Marina Bay Financial Centre
- If you have any questions, complaints or comments on this Service then please
contact us at firstname.lastname@example.org.
3. PAYMENT AND CREDITS
- Depending on the Service you use you may be given tokens to play (without
charge) in order to be able to participate ("free credits") or you may
otherwise be permitted to play for free. Where applicable, a certain number of free
credits may be made available to each user (depending on the Service to be used) on a
daily basis. We may also award free credits or permit you to use a Service without
charge in connection with promotions and as part of any game. We will clarify to you
where in certain games it is not possible to roll over free credits from one day to
the next (although this may be subject to change, at our discretion), but you may
roll over paid credits in this way (see below).
- The Service is free to use until you (i) use up your allocation of free credits;
(ii) wish to use additional features or functionality or access different levels of
the Service, in which case you may be required to purchase additional credits; or
(iii) you are otherwise notified that payment is required in order to participate or
access different levels of a Service. Credits which you purchase are referred
to as "paid credits" in these Terms and free credits and paid credits are
together referred to as "credits".
- You may be able to purchase or otherwise acquire a single form of credit for use
across all of our Services ("coins", "gold" etc). Coins may be changed into Service
specific (or "in-game") credits. However, once a user changes coins for
Service specific credits, those credits cannot be changed back into coins for use in
- When you purchase paid credits or otherwise pay to participate you are
responsible for paying all fees and charges including any applicable taxes associated
with such purchases and payments. Unless otherwise stated, you may only purchase paid
credits or pay to participate using a valid PayPal account, or any other payment
method approved by us. By paying to participate, purchasing or otherwise acquiring
credits as set out above, you obtain a limited license to access and select from
content that we expressly make available as part of the Service.
- Credits, coins and any prizes, awards and achievements ("Prizes") made
available in using the Service are notional credits and Prizes and have no monetary
value. Prizes cannot be redeemed or exchanged for cash, property or other items.
Credits, coins and payments to participate may only be redeemed for service content
or Services provided by us. This is the case whether or not you have paid to
participate or purchased paid credits in order to use the Service. Credits cannot be
withdrawn, sold or transferred. Payments made in order to participate, coins and paid
credits are non-refundable. You are not entitled to a refund for any unused payments,
coins or credits, including in the event of closed and cancelled accounts.
4. USER CONTENT RULE
- We may invite you to participate in blogs, message boards, online forums and
other functionality through which you will be able to communicate with other users of
the Service ("Communication Services") by submitting various material for
public display, in particular (without limitation) comments and messages ("User
- We reserve the right to review and keep a record of all User Content. We are not
under any obligation to display User Content. As a condition of your use of any
Communication Services, you agree to adhere to the following rules:
- You agree that you will not submit any User Content, email, transmit or otherwise
disseminate any material which is:
- defamatory, obscene, vulgar or indecent; or
- may have the effect of being harassing, threatening, abusive or hateful; or
- that otherwise discriminates against, degrades or intimidates an individual or
group of individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age or disability;
- which breaches the rights of others (including copyright and other intellectual
property rights); or
- would otherwise cause you to breach of these Terms.
- You shall not submit User Content containing statements that advertise, promote
or otherwise relate to any other online sites or ventures, discuss illegal activities
or post personal details.
- You shall not submit User Content containing or in order to make statements about
malicious and/or damaging to the Us or any member of the Clever Apps Pte. Ltd..
- We reserve the right to monitor or moderate User Content to check whether it
complies with these Terms. You may report a user's behaviour using the reporting
function provided as part of the Service (if any) or any reporting function provided
on the social network website you are using to access the Service. However, we are
under no obligation to oversee, monitor or moderate User Content or any Communication
Service we provide. We recommend that you use the "mute" feature of a
Communication Service or turn off any Communication Service (where these options are
made available to you) to stop any unwanted User Content.
- We may remove or refuse to display your User Content if it causes you to breach
these Terms including any of your promises as set out in this
paragraph 4 or for any other reason in our reasonable discretion.
- We expressly exclude our liability for any loss or damage arising from the
publication of any User Content or the use of any Communication Service by you in
contravention of these Terms, whether the Service is moderated or not.
5. LICENCE OF USER CONTENT
- You grant us a non-exclusive, worldwide, royalty-free,
perpetual licence (with rights to sublicense on identical terms and in multiple
tiers) to use, exploit, adapt, perform, display, reproduce, communicate to the public
and distribute the User Content through any media now or in future known, which
includes the right to display the User Content on and in connection with the Service,
the right to display the User Content on any other website or other domain accessible
via any internet-enabled device, the right to display the User Content in marketing
material in relation to the Service and the right to include the User Content in a
book or other publication.
- You waive in perpetuity in respect of the User Content the benefits of any
provision of law known as moral rights or any similar law in any country (moral
rights are certain rights that the owner of a copyright work has in relation to how
that work is used).
- You promise to us that you own the User Content and have
the right to grant the licence set out in paragraph 5.1 above and that the User
Content does not infringe the rights of any third party.
- You promise that any User Content submitted by you does not cause you to breach
these Terms including, in particular (without limitation) the promise made by you at
6. RESTRICTIONS ON USE OF SERVICE
- By using the Service (including the Communication Services), you agree that:
- you will comply with all applicable local laws, regulations and rules in the
country in which you reside when using the Service;
- you will not use the Service for any purpose other than your personal use;
- you will not use the Service in any way that is unlawful or fraudulent or may
lead to the encouragement, procurement or carrying out of any criminal activity;
- you will not use the Service in order to distribute unsolicited communications
including 'spam' email or other material in non compliance with these Terms;
- You will not transfer to, or use the Service for the purpose of transferring,
files that contain viruses, trojans or other harmful programs or otherwise use the
Service in any way that may damage or disrupt another's computer; or access or
attempt to access the accounts of other users or to penetrate or attempt to penetrate
the Service's security measures.
- If we determine, in our sole and absolute discretion, that you have breached, or
reasonably believe that you will breach these Terms, we may:
- immediately withdraw your right (on a temporary or permanent basis) to use the
- immediately (on a temporary or permanent basis) remove any User Content posted or
uploaded by you;
- issue of a warning to you;
- issue legal proceedings against you for reimbursement of all costs on an
indemnity basis (including, but not limited to, reasonable administrative and legal
costs) resulting from the breach;
- take further legal action against you; and/or
- disclose such information to law enforcement authorities as we reasonably feel is
7. TRADE MARKS AND OTHER INTELLECTUAL PROPERTY
- Your use of the Service and its contents grants no rights to you in relation to
our intellectual property rights (including, amongst other things, any copyright,
trade marks and other rights in relation to the code, software, logos, designs,
images, photographs, animations, videos and text in or on the Service) ("Intellectual
Property Rights") or the rights of third parties in the Service or its contents.
- You may not copy, reproduce, republish, download, post,
broadcast, record, transmit, commercially exploit, edit, communicate to the public or
distribute in any way the services, web pages or materials on the Service or the
computer code of elements comprising the Service, other than for your own personal
use. Subject to the foregoing, you may download insubstantial excerpts of this
content to your hard disk for the purpose of viewing it provided that no more than
one copy of any information is made.
- Any use other than that permitted under this paragraph 7.2may only be undertaken
with our prior express authorisation in writing.
8. LINKS TO AND FROM OTHER WEBSITES
- We may provide links to third party websites via the Service or permit third
party advertisers to display advertisements as part of the Service. Links are
provided for your ease of reference and convenience only.
- We do not control third party websites or third party advertisements and are not
responsible for their contents. Our inclusion of links and advertisements does not
imply any endorsement of the material contained in such websites or advertisements or
any association with their operators.
- You should read the terms and conditions and privacy policies of any third party
websites or applications accessed via links or advertisements displayed via the
9. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
- Nothing in these Terms shall exclude or limit our
- fraud or fraudulent misrepresentation; or
- death or personal injury resulting from our negligence or the negligence by us,
our employees or agents;
- or any other matter which cannot be excluded or limited by law.
- Subject to paragraph 9.1 and to the extent permitted by law, we, other members of
our group of companies and third parties connected to us hereby expressly
- all conditions, warranties and other terms which might otherwise be implied by
statute, common law or the law of equity.
- any liability for any direct, indirect or consequential loss or damage incurred
by you in connection with the Service (including any materials posted on it)
whether caused by tort (including negligence), breach of contract or otherwise,
even if foreseeable, provided that this condition shall not prevent claims for loss
of or damage to your tangible property or any other claims for direct financial loss
that are not excluded by any of the categories set out above.
- any loss or damage to your computer system;
- loss of data;
- loss of income or revenue;
- loss of business; or
- loss of profits or contracts
- We cannot guarantee that any files that you download are free from viruses,
contamination or destructive features.
- Whilst we use all reasonable endeavours to correct any errors or omissions as
soon as practicable once they have been brought to our attention, we do not promise
that any information provided as part of the Service itself will be free from errors
- While every effort is made to reliably provide the Service, outages and
unexpected downtime will occur. We do not make any guarantee of uninterrupted
service. In particular, lost credits, coins and tickets may occur from time to time.
Access to the Service may be suspended temporarily and without notice in the case of
system failure, maintenance or repair or for reasons reasonably beyond our control
(including outages or software errors that result from actions taken by social
- The material displayed through our Service is provided without any guarantees,
conditions or warranties as to its accuracy. Commentary and other materials posted as
part of the Service are not intended to amount to advice on which reliance should be
placed. We therefore disclaim all liability and responsibility arising from any
reliance placed on such materials by any user of the Service, or by anyone who may be
informed of any of its contents.
- We reserve the right to discontinue, withdraw, terminate or modify the Service or
any part of the Service at any time with or without notice or further liability to
- You agree to indemnify and hold us and any member of the Clever Apps Pte. Ltd. harmless
from any claims, proceedings, actions or demands including reasonable legal fees made
by any third party due to or arising out of your breach of these Terms or your
violation of the rights of another. You agree that the provisions in this paragraph
will survive any termination of your access to the Service.
11. GOVERNING LAW AND JURISDICTION
- The Singapore courts will have exclusive jurisdiction over any claim arising from,
or related to, your use of the Service.
- These Terms and any dispute or claim arising out of or in connection with them or
their subject matter or formation (including non-contractual disputes or claims)
shall be governed by and construed in accordance with the law of Singapore.
- If any court or competent authority finds that any provision of these Terms (or
part of any provision) is invalid, illegal or unenforceable, that provision or
part-provision shall, to the extent required, be deemed to be deleted, and the
validity and enforceability of the other provisions of this agreement shall not be
- If any invalid, unenforceable or illegal provision of this
agreement would be valid, enforceable and legal if some part of it were deleted, the
provision shall apply with the minimum modification necessary to make it legal, valid
13. TERMS AND AMENDMENT
- These Terms shall be valid from the first time that you become a user of the
Service until such time as you cease being a user or until such time as we may amend
them at which time the amended Terms shall apply. We reserve the right to change
these Terms at any time. Such changes shall have effect immediately upon publication
on the Service and you agree to be bound by them and to regularly review these terms
for the purposes of monitoring such changes. Your continued use of the Services shall
be deemed irrevocable acceptance of those revisions. If you don't agree to the
changes, you should stop using the Service. These Terms were last updated on 11 April
2017, (Version 1.0). We recommend that you print out a copy of these Terms.
14. APPLE APPLICATION STORE ADDITIONAL TERMS AND CONDITIONS
The following additional terms and conditions apply to you if you are using an App from the Apple Application Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 10, the more restrictive or conflicting terms and conditions in this Section 10 apply, but solely with respect to Apps from the Apple Application Store.
Acknowledgement: Clever Apps and you acknowledge that this Agreement is concluded between Clever Apps and you only, and not with Apple, and Clever Apps, not Apple, is solely responsible for App and the content thereof. To the extent this Agreement provides for usage rules for App that are less restrictive than the Usage Rules set forth for App in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting Apple term applies.
Scope of License: The license granted to you for App is limited to a non-transferable license to use App on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.
Maintenance and Support: Clever Apps is solely responsible for providing any maintenance and support services with respect to App, as specified in this Agreement (if any), or as required under applicable law. Clever Apps and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to App.
Warranty: Clever Apps is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Clever Apps’s sole responsibility.
Product Claims: Clever Apps and you acknowledge that Clever Apps, not Apple, is responsible for addressing any claims of you or any third party relating to App or your possession and/or use of App, including, but not limited to: (i) product liability claims; (ii) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Clever Apps’s liability to you beyond what is permitted by applicable law.
Intellectual Property Rights: Clever Apps and you acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party’s intellectual property rights, Clever Apps, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: Clever Apps’s contact information for any end-user questions, complaints or claims with respect to App is provided above.
Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using App.
Third Party Beneficiary: Clever Apps and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
15. APPLE SUBSCRIPTIONS TERMS
- A subscription is valid for 1 week or 1 month, depending on the subscription type selected.
- Payment will be charged to your iTunes Account upon confirmation of purchase.
- Your subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
- Your account will be charged for renewal at the price listed within 24-hours prior to the end of the current period.
- Subscriptions may be managed and auto-renewal my be turned off via Settings > iTunes & App Stores > Apple ID > View Apple ID > Subscriptions.