Terms of use

OviO Application Terms of Use

General

These Terms of Use (the “Terms”) are a legally binding agreement between OviO Gaming (“OviO”), and the User with respect to the App (both as defined below). Please carefully read the following Terms before using the App so that you are fully aware of your legal rights and obligations with respect thereto.
These Terms govern your access to and use of the App, the Content, the Services (as such terms are defined below) and the features contained therein.
The term “us”, “we,” or “our”, refers to OviO, the owner of the App. The term “you” refers to any User of the App (as defined below).
The term “including” is not intended to be exclusive and means “including without limitation”.

Accepting the Terms of Use

These Terms are effective as of the date you first install, access or use the App. Such installation, access or use of the App indicates your acceptance of the terms and conditions contained herein and you agree to be bound by these Terms with respect to your access and use of the App.

Definitions

For the purpose of these Terms:

“App” means the mobile application offered by OviO, in its latest version, and all documentation, Content, and Services that will be made available by us to you.
“Account” means an account opened by the User on the App.
“Content” means any input or data displayed or otherwise available on the App, whether published and/or uploaded and/or posted by us, by you or by any other person or entity.
“External Sites” means any third-party websites, plug-ins or applications, including Games.
“Game Coins” means virtual currency that is purchased (with OviO Credit) through the App and may be used in a specific Game.
“Game” means any game listed in the App, as updated from time to time.
“OviO Credit” means points purchased and/or exchanged to or from Game Coins via the App.
“Services” means all services provided through the App, including (among others) the ability to purchase OviO Credit, exchange OviO Credit for Game Coins, exchange Game Coins into OviO Credit, transfer OviO Credit to another User, exchange OviO Credit to gifts and/or rewards, and to send notifications relating to the App.
“User” means any person or entity installing, accessing or using the App.

Limited License

OviO hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install, access and use the App and to access and use the Services by yourself, all under the condition that you comply with all of your obligations under these Terms. We grant you no other rights, implied or otherwise.

The App

You expressly acknowledge and agree that any access to, or use of, the App, and any consequences thereof, are at your sole risk, responsibility and liability.
In order to access the App and the Services, you will be required to open an Account by providing information as part of the registration process to the App or by registering using your Google, Facebook or Apple account. You are responsible for providing up-to-date, accurate information, maintaining the confidentiality and security of the Account and credentials, as well as for all activities that occur in such Account.
The form and/or features of the App or Services may change from time to time without prior notice.
In addition, we may, at our sole discretion and at any time: (a) stop (permanently or temporarily) operating the App, providing the Services, completely or with respect to certain Games; (b) stop displaying any of the Content; and/or (c) remove any Game from the App. We may terminate your access to the App and the Services, at our sole discretion at any time, without notice and without liability to us.
We also retain the right to restrict the use of, or access to, the App and the Services by you or any other Users, at our sole discretion at any time without notice and without liability to us.

The Content

You agree and acknowledge that any use or reliance on any Content presented on the App is at your own discretion and does not impose any responsibility or liability on OviO.
The Content does not constitute a recommendation, opinion, advice and/or offer to purchase an asset, product or service and any reliance upon any Content shall be at the User’s sole risk. OviO shall bear no responsibility for the User’s reliance upon any Content and/or for the degree to which the Content accords with the User’s use and/or needs. OviO disclaims all responsibility for any Content and does not guarantee its accuracy.
OviO takes no responsibility and assumes no liability for any Content. OviO is not obligated to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Content.
OviO does not warrant against deletion of any Content, Game Coins and/or OviO Credit, or the failure to recreate, re-upload or re-post any Content to or on the App, whether it was published and/or posted by OviO or by any other person or entity.
OviO does not guarantee and/or warrant that the Content is true, accurate or up-to-date.
Accordingly, OviO encourages you to be careful and cautious when using the Content and/or the Services. Any use of the Content and/or the Services is at your own risk.
OviO will have access to, and may use, the Content in accordance with these Terms.

Game Coins and OviO Credit

As part of our Services, you may be able to purchase OviO Credit using real money. Such purchases are considered “in-app purchases” and can be made solely via Google Pay or Apple Pay (as applicable) as a one-time payment or as a recurring payment every month, subject to the terms of use of such services. All purchases are final and may not be refunded.
You may also exchange OviO Credit for Game Coins and Game Coins for OviO Credit, however, you will not be able to exchange any virtual currency gained and/or purchased through your use of the Games or other External Sites. Once a Game is no longer available via the App, you: (a) will not be able to exchange Game Coins of that Game for OviO Credit; (b) will not be able to exchange OviO Credit into such Game Coins; and (c) may not be able to use your Game Coins in such Game.
To use Game Coins that you purchased through the App, the Game to which such Game Coins relate must be installed on the same mobile device through which you use the App.
You acknowledge that OviO may, from time to time, at OviO’s sole discretion, change the price for purchasing OviO Credit, as well as the exchange rates for converting OviO Credit into Game Coins and vice versa.
You expressly acknowledge and agree that all purchases and/or exchanges, as listed in this Section ‎7, are at your sole risk, responsibility and liability. OviO does not guarantee and does not make any representation that you will be able to use purchased Game Coins in a specific Game. For further information, please refer to the Section titled “External Sites” below.

Exchange of OviO Credit into gift or rewards

From time to time, OviO may, at its sole discretion, allow any or all of its users, to exchange OviO Credit into certain gifts and/or rewards (such as Amazon gift cards), subject to terms as may be determined by OviO from time to time.
Any such exchange of OviO Credit into gifts/rewards is final and you will not be able to exchange the gift and/or the reward back into OviO Credit or receive any refund or monetary compensation.
You acknowledge that OviO may, from time to time and at any time, at OviO’s sole discretion, change the exchange rates for converting OviO Credit into gifts and/or rewards, the amounts included in the gift cards (if applicable), conditions for eligibility, the number of gifts/rewards offered and/or the offering of any gifts/rewards whatsoever.
You expressly acknowledge and agree that all such exchanges and the use or utilization of any such gift or reward, as listed in this Section ‎8, are at your sole risk, responsibility and liability. OviO does not guarantee and does not make any representation that you will be able to use or utilize such gift/reward, which shall be subject to the terms and conditions of their issuer.

Transfers to other Users

As part of our Service, you may also be able to transfer OviO Credit from your balance to another User and/or receive OviO Credit from another User (“User Transfers”).
User Transfers are irreversible and cannot be canceled or refunded. Prior to consummating a User Transfer, we encourage you to carefully check and verify the identity of the User to which you wish to transfer OviO Credit and the amount of OviO Credit you wish to transfer.
User Transfers are made at your own risk and discretion, without imposing any responsibility or liability on OviO.
User Transactions may not be used for any illegal activity or for activities that violate any applicable law or regulation, including but not limited to any activity that may facilitate money laundering, fraud, breach of sanctions or funding of terror.

External Sites

The Services may enable access to External Sites.
Use of an External Site is subject to the terms of use of such External Site. We are not liable or responsible for an External Site’s compliance with applicable laws. It is recommended that you review the applicable terms and policies of any External Site to which you navigate from our App.
You understand that by using any External Site, you may encounter content that may be deemed offensive, indecent, or objectionable, and which may or may not be identified as having explicit language. You acknowledge and agree that we are not responsible for any content published on an External Site.
We make no representation as to the terms of use of any External Site (including terms relating to the use of Game Coins in any Game) or that any External Site is appropriate or available for use in any particular location.

Notifications and Promotional Offers

By using the App, you agree to receive marketing communications from us in the App or via other means (e.g., email), unless you have opted out of receiving such marketing communications. You can change your contact preferences at any time by sending us an email with your request to the email that appears in the Contact Information section below. If you wish to stop receiving marketing communications from us, you may ask us to stop sending you marketing communications at any time by following the opt-out link on any marketing message sent to you or by contacting us.
By using the App, you also agree that we can send notifications to your mobile device (push notifications) or email regarding your activity, or activity relating to you, in the App. At any time, you can manage your push notification preferences or deactivate these notifications by turning off the notification settings in the device settings of your mobile device. You may ask us to stop sending email notification to you at any time by contacting us.

Problems with the App

We do not guarantee that our App will be compatible with any device or software which you may use, or that the App or Services will be uninterrupted or error free.
We shall not be liable, regardless of the cause or duration, for inability to use the App and/or the Services or any part thereof with respect to certain Games or at all, and/or for any errors, inaccuracies, omissions, or other defects in, the information contained in our App (including the reliance upon any such information), or for any delay or interruption in the transmission thereof to you, or for any related claims or losses.

Restrictions on Content and Use of the App

You may not access the App or Services if:

You are not at least 13 years old, or older, if otherwise required by the laws of the country where you reside, to be authorized to accept these Terms without the approval of a legal guardian. If you are not 18 years old or older, your parent or legal guardian must accept these Terms on your behalf as a condition for your access to the App and the Services. If you are a parent or legal guardian accepting the terms on your child’s behalf, please note that you shall be bound by these Terms and shall be liable for your child’s activity in connection with the App and the Services.
You are a person who is either barred or otherwise legally prohibited from receiving or using the App under the laws of the country in which you are resident, or from which you use or access the App; or
Such access or use are made in a manner which is inconsistent with these Terms and all applicable laws, rules and regulations.

You may not do any of the following while accessing the App or using the Services:

use the App otherwise than in compliance with these Terms and all applicable laws and regulations;
facilitate or encourage any violation of these Terms;
except as otherwise provided in these Terms, copy, reproduce, print, download or save a copy, republish, display, perform, advertise, distribute, transmit, broadcast, decompile, reverse engineer, disassemble, attempt to derive the source code of, adapt, modify, create derivative works from, sell, rent, lease, loan or otherwise make available or exploit in any form or by any means all or any portion of the App or any Content, for any purpose;
scrape, or otherwise cache any Content;
remove or alter any patent numbers, copyright notices, trademark notices or other proprietary notices or identifying marks, symbols or legends included in the App;
use the App for any unlawful purpose or for promotion of illegal activities;
use the App to abuse, harass, threaten, impersonate or intimidate any person;
use the App for interfering with, or disrupting (or attempting to do so), the access of any person, host or network, including, without limitation, by uploading and/or sending software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware; overloading, flooding, spamming, mail-bombing; or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the App or the Services;
do anything that could disable, overburden, or impair the proper activity of the App or the Services;
do anything that could harm or damage the business activity of OviO or its legitimate interest;
Interfere with or violate the right to privacy or collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in this Section 9 above.

You are solely responsible and liable for, and OviO has no responsibility to you or to any third party for, any breach of your obligations under these Terms and for the consequences (including any loss or damage which OviO may suffer) of any such breach.

No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, THE SERVICES, AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND OVIO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, THE SERVICES, AND/OR THE CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, USEFULNESS, SECURITY, RELIABILITY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR OF FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusions and limitations may not apply to you in such jurisdictions.

Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL OVIO, ITS DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, (B) LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, RESULTING IN ANY WAY FROM (I) YOUR ACCESS TO, OR USE, INABILITY TO USE, OR RELIANCE ON THE APP, THE SERVICE, ANY CONTENT AND/OR EXTERNAL SITE, (II) ANY ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY CONTENT INCLUDED IN THE APP AND/OR IN ANY EXTERNAL SITE, (III) ANY OTHER MATTER RELATING TO THE APP, THE SERVICES, THE CONTENT AND/OR ANY EXTERNAL SITE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE), EVEN IF OVIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, OR FOR (C) ANY THIRD PARTY CLAIMS.
IN NO EVENT SHALL THE TOTAL LIABILITY OF OVIO, ITS DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS, TO YOU AND/OR TO ANY THIRD PARTY, FOR ALL DAMAGES IN CONNECTION WITH THE APP, THE CONTENT AND THE SERVICES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF TEN U.S. DOLLARS (U.S. $10).
ANY CAUSE OF ACTION BY YOU WITH RESPECT TO THE APP AND/OR SERVICE, MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE.
Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so the limitations above may not apply to you in such jurisdictions.

Indemnity

You shall indemnify and hold OviO and its directors, officers, employees, agents, partners and licensors, harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs), related to any demand or claim brought against OviO by any User and/or any other third party, due to or arising out of your use of the App or the Services, your violation of these Terms, and/or your violation of any rights of another party.

Ownership and Intellectual Property

You hereby acknowledge that all rights, ownership, title and interest of the App, the Content (excluding External Sites) and the related patent rights, copyrights, trade secrets, trademarks and all other related intellectual property rights, are and shall remain the sole and exclusive property of OviO.
All copyrights in and to the App, the Content and the OviO Credit are owned solely and exclusively by OviO, (and/or by its licensors), which reserves all its rights in law and equity with respect thereto.
You are not granted any right and/or license, or ownership including any copyright, trademark or other intellectual property rights to the App or to any Content, other than as explicitly set forth in these Terms.
Except as otherwise provided in the App or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, reverse engineer, publish, modify, delete, add to, license, post, transmit or distribute any Content from this App in whole or in part, without our specific prior written permission.
Any third-party trade or service marks present in Content are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever except as permitted in these Terms.
OviO reserves all rights not expressly granted to you under these Terms.
You agree that all trademarks, trade names, service marks, graphics, logos and other brand features used in connection with the App and the Services, are trademarks or registered trademarks of OviO (collectively, the “OviO Marks”). Nothing in these Terms gives you a right to use or display OviO Marks in any manner.
THE USE OF THE APP, THE SERVICES, THE CONTENT AND/OR ANY PART THEREOF, OTHER THAN AS PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OVIO AND/OR OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES FOR COPYRIGHT INFRINGEMENT.

Submitting Information to Us

By accessing and using the App or Services, you represent and warrant that you have read, and understand, our privacy policy that describes how we handle personal data.
We do not want to receive confidential or proprietary information from you through the App unless you have another written agreement with us related to the sharing of such information. Any information that we receive through the App will be deemed to be NON-CONFIDENTIAL.
BY TRANSMITTING TO US INFORMATION VIA THE APP OR OTHERWISE THROUGH ELECTRONIC MEANS WITHOUT A WRITTEN AGREEMENT WITH US RELATING TO YOUR SUBMISSION, YOU UNDERSTAND AND AGREE THAT WE MAY USE THAT INFORMATION FOR ANY PURPOSE WHATSOEVER WITHOUT OBLIGATION TO YOU.

Security

Violations of system or network security may result in civil or criminal liability. You are prohibited from violating or attempting to violate the security of the App, including, without limitation, (i) accessing data not intended for you or logging on to a third party’s server or account that you are not authorized to access; or (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt).
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL IN CONNECTION WITH YOUR USE OF THE APP OR SERVICES.

Termination

To the fullest extent permitted by applicable law, we reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the Services and/or the App and to terminate, change, suspend or discontinue any aspect of the App and/or the Services, including, but not limited to, the Content presented on the App as well as features and/or hours of availability of the App or the Services, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the App or restrict your access to part, or all, of the App without notice or penalty.
These Terms shall be effective until terminated by OviO. Without derogating from any other right of OviO right to terminate these Terms, OviO, at its sole discretion, without notice to you, may terminate these Terms if you fail to comply with any of the provisions of these Terms, without prejudice to the right of OviO to be indemnified for its damages and for any other right and remedy.
In the event that we suspend or terminate your use of the App and/or the Services, you acknowledge and agree that you will not receive any refund, including for any unused Game Coins and/or OviO Credit.
In case these Terms shall terminate, for any reason, the provisions which by their nature would continue beyond termination (including, without limitation, the provisions of Sections 12, 13, 14, 15, 17, 18, 19, 20 and 21 shall survive such termination and shall continue to apply.
Upon termination of these Terms, you shall cease all use of the App and/or the Services.

Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the State of Israel, without reference to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.
You hereby irrevocably submit to the exclusive jurisdiction of the competent courts in Tel Aviv, Israel, to resolve any dispute arising out of or pursuant to these Terms, and you hereby consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Notwithstanding the above, you agree that OviO shall still be allowed to apply for injunctive remedies in any jurisdiction.

Unlawful activity

You may not use this App or the Services, other than in accordance with the laws of the State of Israel and the jurisdiction from which you accessing and/or otherwise using the App or the Services.
We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities.

Miscellaneous

Severability. In the event that any provision of these Terms is held to be invalid or unenforceable, that provision shall be construed, limited, modified or deleted, to the extent necessary to eliminate any invalidity or unenforceability, and the remaining provisions of these Terms remain in full force and effect.
Waiver. No waiver on the part of OviO of any right under these Terms shall be effective unless in writing and signed by OviO’s duly authorized representative. No waiver on the part of OviO of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under these Terms.
You may not assign, subcontract or otherwise transfer any of your rights and/or obligations under these Terms. OviO may assign and/or subcontract some or all of these Terms to any third party in connection with a merger, acquisition, sale of assets, by operation of law, or otherwise. These Terms shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns.
No Third–Party Beneficiaries. These Terms do not create any obligation of OviO to any third parties, nor shall they be deemed to create any rights or causes of action on behalf of any third parties.
Changes to these Terms. We may change these Terms from time to time, in our own reasonable discretion. We will provide notice in case we make substantial changes to these Terms, through the App or using the contact details that you provided upon registration. Such substantial changes will take effect seven (7) days after such notice was provided. All other changes to these Terms are effective immediately upon publication of the updated Terms on the App. Your continued use of the App and/or Services after the publication of the updated Terms will be deemed acceptance on your behalf of any and all such changes.

Contact Information

If you have any questions or comments regarding these Terms, please contact us at: support@ovio.gg

This version was last updated on March 28, 2022.