PicoDuel
By accessing or using PicoDuel (the "App") in any manner, you agree to be bound by these Terms of Service (the "Terms") in their entirety. If you do not agree to all of these Terms, you must not access or use the App. These Terms form a binding legal agreement between you and PicoDuel.
We reserve the right to update or modify these Terms at any time without prior notice. Any changes are effective immediately upon posting. Your continued use of the App after any changes constitutes your unconditional acceptance of the new Terms. It is your sole responsibility to review these Terms periodically.
You represent and warrant that you are at least the age of majority in your jurisdiction of residence, or if you are a minor, that you have obtained verifiable parental or guardian consent to use the App. In no event may a person under the age of 13 use the App.
By using the App, you represent and warrant that: (a) all information you provide is truthful and accurate; (b) you have not been previously suspended or banned from the App; (c) your use complies with all applicable local, national, and international laws. You accept full liability for any misrepresentation of your eligibility.
To access the App, you may register using a supported third-party authentication method (guest session, Telegram, or TON wallet). You have no ownership right in your account; the account is granted to you by us and may be revoked at any time for any reason.
You are solely and fully responsible for maintaining the confidentiality and security of any credentials used to access your account, including but not limited to Telegram credentials, TON wallet keys, and session tokens. You accept all liability for any and all activities that occur under your account, whether authorised by you or not.
You must notify us immediately if you suspect any unauthorised use of your account. We will not be liable for any loss, damage, or liability arising from your failure to safeguard your account or from any unauthorised access to your account, regardless of the cause.
We expressly disclaim all liability for any failure, error, outage, security breach, data loss, or other harm caused by or related to the third-party authentication providers (Telegram, TON blockchain, or any other provider). You assume all risk associated with using these services.
We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, temporary license to access and use the App for your personal, non-commercial entertainment purposes only. This license does not grant you any ownership, title, or proprietary interest in the App or any of its content. We may revoke this license at any time and for any reason, without notice or liability.
The App may include virtual in-game currencies such as gold and tickets ("Virtual Currency"), as well as virtual items, upgrades, and digital content ("Virtual Items"). The following terms apply absolutely:
You agree not to, and not to attempt to:
We reserve the exclusive right to determine what constitutes a violation of these Terms. Any violation may result, at our sole discretion, in: immediate or permanent suspension or termination of your account; forfeiture of all Virtual Currency and Virtual Items; removal from leaderboards; and any other action we deem appropriate, all without liability or obligation of prior notice.
All content, features, functionality, and technology of the App — including but not limited to text, graphics, logos, icons, images, audio, software, code, user interface design, database schemas, algorithms, trade names, and the compilation and arrangement thereof — are the sole and exclusive property of PicoDuel or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. All rights not expressly granted to you are expressly reserved by us.
You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content from the App without our prior written consent. Any unauthorised use of the App or its content will terminate the license granted herein automatically and may violate applicable law.
The App integrates with third-party services, including but not limited to Telegram and the TON blockchain network. Your use of these third-party services is solely at your own risk and is governed solely by their respective terms of service and privacy policies. We have no control over and assume no responsibility or liability for:
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS AGAINST US ARISING FROM OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE, INCLUDING ANY LOSS OF ACCESS, DATA BREACH, OR FINANCIAL LOSS.
We may terminate or suspend your account and access to the App at any time, for any reason or no reason, with or without cause, with or without prior notice, and with no liability to you. Upon termination, your license to use the App immediately and automatically terminates, and we may delete your account and all associated data without any obligation to you.
You may voluntarily discontinue use of the App at any time. No refunds or compensation will be provided for any Virtual Currency, Virtual Items, or other account value upon termination by either party.
Accounts suspended for refund abuse under Section 6 are permanently barred from logging in; a suspension may be lifted only by us, at our sole discretion, upon appeal via @inn3rGames.
THE APP IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, OR AVAILABILITY.
WE DO NOT WARRANT THAT: (A) THE APP WILL MEET YOUR REQUIREMENTS; (B) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) THE RESULTS OBTAINED FROM THE APP WILL BE ACCURATE OR RELIABLE; (D) ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) THE APP WILL BE COMPATIBLE WITH ANY DEVICE, SOFTWARE, OR NETWORK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU USE THE APP ENTIRELY AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PICODUEL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR:
IN ANY CASE, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) TEN DOLLARS ($10.00). FOR THE AVOIDANCE OF DOUBT, IF YOU HAVE NOT PAID US ANY AMOUNT, THE MAXIMUM LIABILITY IS TEN DOLLARS ($10.00). THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless PicoDuel and its affiliates, officers, directors, employees, agents, and assigns from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, judgments, settlements, costs, and expenses (including but not limited to reasonable attorneys' fees, court costs, and expert witness fees) arising out of or in any way related to:
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate fully with us in asserting any available defences and shall be responsible for all costs and expenses incurred by us in connection with such defence.
These Terms shall be governed by and construed in accordance with the laws of the Republic of Seychelles, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App (including the breach, termination, enforcement, or validity thereof) shall be resolved exclusively by final and binding arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with its Arbitration Rules then in effect. The arbitration shall be conducted in English in Singapore, or at your option, by videoconference if the amount in dispute is less than $10,000.
Class action waiver. YOU AND PICODUEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, REPRESENTATIVE PROCEEDING, MASS ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS ACTION. ANY CHALLENGE TO THE VALIDITY OF THIS CLASS ACTION WAIVER MUST BE DECIDED BY A COURT OF COMPETENT JURISDICTION, NOT THE ARBITRATOR.
Jury trial waiver. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN CONNECTION WITH ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP.
Costs and fees. In any arbitration, each party shall bear its own costs and attorneys' fees. However, if the arbitrator determines that any claim was frivolous or brought in bad faith, the arbitrator may award reasonable attorneys' fees and costs to the prevailing party.
Statute of limitations. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED.
We shall not be liable for any failure to perform or delay in performance of any obligation under these Terms caused by any event or circumstance beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, power outages, internet service interruptions, government orders, pandemic, epidemic, or failure of third-party services or infrastructure.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision shall be effective only if in writing and signed by us. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
These Terms, together with the Privacy Policy, constitute the entire and exclusive agreement between you and PicoDuel regarding your use of the App, superseding all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written. We may assign or transfer these Terms, in whole or in part, to any third party without your consent or notice. You may not assign or transfer any of your rights or obligations under these Terms.
By using the App, you consent to receive communications from us electronically, including via in-app messages or through the Telegram platform. You agree that all communications provided electronically satisfy any legal requirement that such communications be in writing.
If you have any questions about these Terms, please contact us at:
Email: hi@inn3r.com