Updated on March 3, 2024 The Terms of Service (the “Terms” or “Agreement”) are a legally binding agreement.Please carefully read these Terms of Service ("Terms") before using the services provided by UpGames("Company," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms. 1.Acceptance of Terms UpGames reserves the right, at its sole discretion, to change, modify the Terms, its Privacy Policy and other relevant UpGames policies, at any time and from time to time by posting the amended terms, policies or rules on the UpGames Services. You may be required to accept updates to the Services in order to continue use or access. You will be deemed to have accepted such changes and updates in their entirety and without reservation by continuing to use or access the Services. If at any point you do not agree to any portion of the then-current version of our Terms, the Privacy Policy, or any other UpGames policies, or other codes of conduct relating to your use of or access to the Services, your use of or access to the Services shall immediately terminate. 2. User Conduct Any communications, comments, chats, sounds and images, and all the material, data, text, graphics, photographs and their selection and arrangement uploaded to the Services (“User Content”) are subject, whether in whole or in part, to unlimited commercial, worldwide, non-commercial and/or promotional use by UpGames. You agree that you are willingly publishing the User Content on the Services using technology and tools provided by UpGames. You understand and agree that you may not distribute, sell, transfer or license your User Content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of UpGames. You grant UpGames the right to act as an agent for User Content on your behalf as operator of the Services. 3. Updates of Terms You understand that each Terms is an evolving one. UpGames may require that you accept updates to the Terms that you may have installed on your device or computer. You acknowledge and agree that UpGames may update the Services with or without notifying you. You may need to update third party software from time to time in order to receive the Terms to play. 4. Intellectual Property Rights All content included in or made available through our services, such as text, graphics, logos, images, audio clips, digital downloads, and data compilations, is the property of the Company or its licensors and is protected by applicable copyright laws. 5. Virtual Currencies or Items The Services may include an opportunity to earn and purchase virtual, in-game currency, including but not limited to virtual coins, points and credits (collectively, “Virtual Currency”) that may require you to pay a fee using lawful currency or “real money” to obtain the Virtual Currency. The Services may also include virtual, in-game digital items (collectively, “Virtual Goods”) that may be purchased from UpGames with “real money” or with Virtual Currency. Virtual Currency and Virtual Goods can never be redeemed for lawful currency, goods, or any other item of monetary value from UpGames or any other party. You acknowledge and agree that Virtual Goods or Virtual Currency are licensed to you for your use through the Services and are subject to applicable laws and rules, the Terms, and limitations and terms set out in each game. 6. USE RESTRICTIONS You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Service. UpGames reserves the right, but has no obligation, to become involved in any way with disputes between users. You will fully cooperate with UpGames to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting UpGames access to any password-protected portions of your Account. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 7. Subscription Terms By using a Subscription, you agree to all the terms and conditions that generally apply to the PokerUp app (all of these together are the “Terms”). Please read the Terms carefully. If you don’t understand them, or don’t accept any part of them, then you’re not allowed to use the Subscriptions. Fees. Subscription fees for the Subscriptions are recurring payments. The term is monthly as described in the course of transaction. Your subscription begins upon payment of a first installment of subscription fees. The subscription renews monthly as applicable upon the payment of automatically recurring subscription fees. Monthly fee is charged on the same day of the month that the subscription began. (For example, if a monthly subscription began on the 29th, 30th, or 31st day of a month, then membership will renew on the last day of any month that doesn’t have that many days.) Payment. Your payment will be charged to iTunes Account for Apple devices and to Google Account for Android devices at confirmation of purchase. Prices for Subscriptions may change at any time, and UpGames Ltd does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Subscriptions that you order (except during a free trial period). UpGames Ltd will charge your Account for the price listed on the relevant Subscriptions offer. If you purchase any automatically renewing subscriptions, you agree that UpGames Ltd will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid and we are unable to charge you on the next billing period, UpGames Ltd reserves the right to immediately revoke your access to any Subscriptions you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, UpGames Ltd may cancel your subscription. Cancellations and Refunds. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase. You can cancel your Subscriptions at any time. If you purchase a subscription to Subscriptions that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period, except as otherwise communicated to you by UpGames Ltd. You will retain access to the Subscription from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period. Subscription fees paid are final and nonrefundable, unless otherwise determined by UpGames Ltd. If UpGames Ltd reasonably determines that a user has violated these Subscriptions Terms, UpGames Ltd may immediately terminate the subscription and the user’s access to Subscriptions without notice and without refund. Free Trials. UpGames Ltd may offer free trials to new Subscription subscribers. If you initiate a subscription to a Subscription through a free trial offer, you will receive free access to such Subscription for the duration of the free trial period. At the end of the applicable free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the free trial period. Changes or Discontinuation of Subscriptions. UpGames reserves the right to change the availability of Subscriptions. In addition, we reserve the right to modify, suspend, or discontinue any Subscription with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension, or termination. Removal or Unavailability of Content. In certain cases, content available within a Subscription may become unavailable due to servers maintaining work or other development reasons. UpGames Ltd will have no liability to you for any such unavailability. If you refuse to accept the updated Subscription Terms, then UpGames Ltd reserves its right to discontinue your use of the Subscriptions.The Subscriptions are being provided by A UpGames Ltd. 8. Limitation of Liability You are free to choose whether to use the services and do so at your sole option, discretion, and risk. UpGames does not guarantee that you will be able to access or use the services at all times or all locations, or that UpGames will have adequate capacity for the services in any specific geographic area. 9. Waiver and Severability The failure of Upgames to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. 10. Contact Us If you have any questions about these Terms, please contact us at support@upgames.ltd.