Terms of Service

Simple Games DOO Terms of Service

1. Scope of Application

These Terms and Conditions (hereinafter “ToS”) for Users of Crypto Football (“Game”) govern the access to and use of the services of Simple Games DOO (hereinafter “Services”) and all transactions incidental thereto, which are offered online via https://cryptofootball.app or via the Game’s application.  Please read these ToS carefully before using the Services, as your use of the Services or opening of an account, whichever comes first, shall be construed as your acceptance of the terms of the ToS.  Your acceptance of the ToS shall be construed as your agreement to be bound by the terms of the ToS with respect to your access and use of the Services.   No other terms or conditions shall be of any force or effect unless otherwise specifically agreed upon by Simple Games DOO in writing duly executed by an authorized officer of Simple Games DOO.

Unless otherwise agreed by Simple Games DOO in writing, the ToS constitute the entire agreement between you and Simple Games DOO, and shall supersede any and all prior written or oral agreements, offers or other representations with respect to the Services.  If you access or use the Services or continue to use the Services after you have been notified of a change to the ToS or other referenced documents, you confirm that you have read, understood and agree to the ToS and all such referenced documents, as amended.

2. Use of Services 

License

Unless otherwise agreed by Simple Games DOO in writing, Simple Games DOO grants you a limited, worldwide, personal, non-exclusive, non-sublicensable and non-transferable license to access and use the Services.

Use

Unless Simple Games DOO has entered into a separate agreement with you, you agree to use the Services only in accordance with the present provisions of these ToS, all other Ancillary Documents and Policies, and applicable laws, rules and regulations.

Creating an Account and Communicating

For you to access and/or use the Services, Simple Games DOO may, at its sole discretion, require you to create a User account on a website or a platform as determined by Simple Games DOO, or Simple Games DOO may, at its sole option, create a such User account for you.  You shall accurately and truthfully complete and keep up to date all information you provide in the registration process. You are also solely responsible for the security of your password and those of other Users registered under your User account in accordance with these ToS and the policies referenced herein.

Accounts may not be created automatically such as through bots.

3. Provision of Services by Doodle

Limited Warranty

To the maximum extent permitted by applicable law, the services performed by Simple Games DOO are provided “as is,” and “as available”, and Simple Games DOO disclaims any and all other promises, indemnities, representations and warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, system integration and data accuracy, and all warranties arising from course of dealing, usage, or trade practice.  Simple Games DOO does not warrant that (a) the service or any other services provided by Simple Games DOO will meet user’s or any other person’s requirements or (b) that the operation of the service will be uninterrupted or error-free, or (c) that the service will achieve any intended result or (d) that the service or any component thereof will be compatible or work with any integrations, software, system, or other services, or be secure, accurate, complete, or free of harmful code, or (e) that all errors will be corrected.

Limitation of Liability

In no event will Simple Games DOO be liable to user for any incidental, indirect, special, consequential or punitive damages, regardless of the nature of the claim, including, without limitation, lost profits, costs of delay, any failure of delivery, business interruption, costs of lost or damaged data or documentation, increased costs, diminution in value or lost business, production, or revenues, loss of goodwill or reputation, or cost of replacement of goods or services, or liabilities to third parties arising in connection with this agreement or under any legal or equitable theory, including breach of contract, tort (including negligence), or strict liability.  Without limiting the generality of the foregoing, Simple Games DOO shall not be liable for any losses or damages resulting from: (i) user’s use or the inability to use the services; (ii) any changes that Simple Games DOO may make to the services, or any permanent or temporary cessation in the provision of the services; (iii) unauthorized access to or alteration of user transmissions or data; (iv) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the use of the services; (v) recovery of any data, or breach of data or system security; or (vi) or any other matter relating to the services, in each case, regardless of whether doodle has been advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable.  This limitation of Simple Games DOO’s liability shall apply without regard to whether other provisions of this agreement have been breached or have proven ineffective.  The aggregate liability of Simple Games DOO for all claims arising from or relating to this agreement, including, without limitation, any cause of action including breach of contract, tort, strict liability, equitable theory or otherwise, will not exceed the total amount of all fees paid to doodle by user under these ToS during the twelve (12)-month period preceding the event giving rise to such claim.

User acknowledges and understands that the disclaimers, exclusions and limitations of liability set forth in this section form an essential basis of the agreement between the parties, and that the parties have relied upon such disclaimers, exclusions and limitations of liability in negotiating the terms of these ToS, and that absent such disclaimers, exclusions and limitations of liability, the terms and conditions of these ToS would be substantially different.

Technical support

Simple Games DOO provides technical support on a best-effort basis and exclusively via email.

Enhancement, Modification, Discontinuation of Services and Maintenance

Simple Games DOO has the right at any time for any or no reason to suspend, restrict discontinue, or modify the Services (or any part thereof) permanently or temporarily or to add new types of services.  Such changes shall become effective without any further action by any party and automatically subject to these ToS. Your continued use of the Services or any part thereof after we make changes shall be deemed as your acceptance of those changes.  If the suspension, restriction, discontinuation, removal or modification of the Services results in a materially significant change to the agreed Services, as determined solely by Simple Games DOO, you may terminate the agreement. In no event shall Simple Games DOO be required to issue any refund in that regard.

Simple Games DOO may perform maintenance on the Services offered at any time at its sole discretion.  Maintenance that would require deactivation of the Services shall be communicated to the User via email at least 72 hours before deactivation.  Simple Games DOO shall endeavour to keep any necessary shutdowns of the Services to a minimum.  In no event shall Simple Games DOO be liable to you or any third party for any damages caused or related to such deactivation.

Use of Third Parties

You hereby acknowledge and agree that Simple Games DOO has the right to use third parties to provide the Services or a portion thereof at any time as it sees fit.

Inclusion of advertising in the Services

You acknowledge and agree that Simple Games DOO shall have the right to finance the Services also by means of advertising and/or other promotional measures and may send Users advertising, promotion and other related correspondence or materials.  The display of such advertisements may be managed by Simple Games DOO, its affiliates and/or their respective service providers based on information generated by or through your use of the Services, and you hereby consent to the use by Simple Games DOO and/or its affiliates of such generated information and accept the terms of the Privacy Policy as such terms are incorporated herein by reference and may be amended by Simple Games DOO from time to time.  Simple Games DOO, its affiliates and/or their respective service providers may change the type and extent of advertising and promotional measures and materials at any time. 

4. Intellectual property rights

Ownership

Simple Games DOO, its affiliates or their respective licensors, as may be applicable, shall retain exclusive ownership of all rights, title and interest in and to the Services and all components thereof including but not limited to the software, API, and web-based platform. User acknowledges that it neither owns nor acquires any additional rights in and to the Services or any component thereof not expressly granted by these ToS.

Simple Games DOO Marks

Without limiting the generality of other provisions of this ToS, you acknowledge that the names, marks, logos, insignias, trademarks, trade names, trade secrets, and/or service marks of Simple Games DOO (the “Simple Games DOO Marks”) are owned exclusively by Simple Games DOO, its affiliates or licensors, and that, except as otherwise expressly set forth in these ToS, Users have no right to use the Simple Games DOO Marks without the prior written consent of Simple Games DOO.  Except as otherwise expressly set forth in these ToS or a separate agreement with Simple Games DOO, you shall not represent that you have any rights, title or interest in and to Simple Games DOO Marks.

User Obligations with Respect to Simple Games DOO’s Intellectual Property

You shall not (i) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of the Services are compiled or interpreted, and you acknowledge that nothing in these ToS will be construed to grant you any right to obtain or use such code; (ii) create any derivative product from any of the foregoing, except with the prior written consent of Simple Games DOO; or (iii) allow third parties other than authorized users to gain access to the Services or use the Services as a service bureau; (iv) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber your rights.  You shall ensure that its use of the Services complies with all applicable laws.

5. Corrective Measures

If Simple Games DOO believes that a User is in breach of the ToS, including without limitation User’s unauthorized use, excessive use or misuse of the Services, or a User has created a risk for Simple Games DOO, the Integrations and/or any third party, Simple Games DOO may unilaterally, at its sole discretion, block, deactivate, or revoke such User’s access (in its entirety or a portion thereof) to the Services with immediate effect, or if the damage caused by the breach is reversible (as determined by Simple Games DOO), notify the User about the breach. In the event User fails to cure the damage (if determined by Simple Games DOO as reversible) within fourteen (14) days from the date of the notification from Simple Games DOO, Simple Games DOO may terminate the agreement with such User and revoke such User’s access to the Services immediately upon the expiration of the notice period.  User shall not be entitled to any refund of paid

6. Indemnification

You agree to defend, indemnify, and hold harmless Simple Games DOO, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) (the “Losses”) arising out of or relating to (i) your violation of these ToS, (ii) your use of the Services, any information obtained from through your access and use of the Services; and (iii) your uploaded content, including, but not limited to our use thereof and/or any misappropriation, violation or infringement of third party intellectual property rights.

7. Miscellaneous

Governing law and jurisdiction

These ToS shall be governed exclusively by Serbian law, excluding the provisions on conflict of laws thereof and the United Nations Convention on the International Sale of Goods. Any disputes arising from these ToS shall be decided by the competent courts of Belgrade, Serbia.  Each User and Simple Games DOO irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waives any objection it may have to such forum or venue, including without limitation the objection of forum non-conveniens.

Severability

Should one or more provisions of these ToS be invalid now or in the future, this shall not affect the validity of any other provision or covenant. Simple Games DOO may replace the invalid provisions with a legally valid provision that is as consistent as possible with the economic spirit and purpose of the invalid provision.

Notices and changes to these ToS

Unless otherwise specified in these ToS or with the User, written notices from Simple Games DOO to the User shall be sent via the email address specified in the User Account or during the registration process. It is your responsibility to keep your e-mail address up to date at all times during your subscription to the Services. The User may contact Simple Games DOO for any queries via engine@simplegames.tech.  Notice shall be deemed to have been duly served on the earlier of the day after the e-mail is sent or when you continue using the Services after viewing the notification.

Simple Games DOO reserves the right to make changes to these ToS at any time. Simple Games DOO may, in its sole discretion, provide User with written notice as set forth in the foregoing paragraph, via in-app messaging or by publishing the notice on a banner on the Website’s homepage, of any such changes, provided, however that any such changes shall become effective without any further action by any party. 

Assignment

You may not assign your rights and/or delegate your obligations under these ToS without the prior written consent of Simple Games DOO.

Force Majeure

Except with respect to payment obligations hereunder, if Simple Games DOO is prevented or delayed in performance of its obligations hereunder as a result of circumstances beyond Simple Games DOO’s reasonable control, including, by way of example, war, riot, fires, floods, epidemics, pandemics or government restrictions as a result thereof, or failure of public utilities or public transportation systems, such failure or delay will not be deemed to constitute a breach of these ToS, but such obligation will remain in full force and effect, and will be performed or satisfied as soon as reasonably practicable after the termination of the relevant circumstances causing such failure or delay, provided that if Simple Games DOO is prevented or delayed from performing for more than ninety (90) days, you may terminate these ToS upon thirty (30) days’ written notice.

Waiver

Simple Games DOO’s waiver of any breach or violation of these ToS by you shall not be construed as a waiver of any other present or future breach or breaches by you.