trivia-terms-of-use

Effective Date: June 10, 2024

1. DESCRIPTION OF THE APPLICATION AND ACCEPTANCE OF TERMS

1.1. These Terms of Use (hereinafter referred to as "Terms") apply to the application "One: Trivia Music Guess Logo'' available on Google Play and/or "One: Trivia Music Guess Logo" available on the App Store (hereinafter referred to as the "Application") and govern the relationship between the User and the company Mioris LTD, registration number: HE425231, located at Charalampou Mouskou, 20 ABC CENTER, 1st Floor, Flat/Office 108, Paphos 8010, Cyprus. Please note that the Application name may vary depending on the User's country.

1.2. The Application can be downloaded onto your device from the links provided on Google Play and the App Store, supplied by Mioris LTD (hereinafter referred to as "Mioris," "we," "us," "our").

1.3. Mioris grants you access to the Application if you accept these Terms of Use. By downloading the Application onto your device, you agree to these Terms of Use. By using the Application or any part thereof, the User agrees to comply with and be bound by the requirements outlined in these Terms. If you do not agree to abide by these Terms of Use, Mioris will not be able to grant you access to the Application. We recommend you carefully review the Terms of Use before using the Application.

1.4. Mioris reserves the right to update the Terms of Use for the Application. The new version of the Terms becomes effective upon posting on the Mioris website (hereinafter referred to as the "Site") and within the Application. If you continue using the Application after an update you accept the new Terms of Use.

1.5. Mioris aims to make the Application as useful and effective as possible. For this reason, we reserve the right to make changes to the Application and/or charge for its services. We will never charge you for using the Application without explaining what you are paying for. Your continued use of the Application following any changes obligates you to comply with the rules and signifies your acceptance of the new Terms of Use. The User agrees to download updates for the Application to ensure security and the latest version.

1.6. The Application is a conditionally free quiz game where you answer questions from various fields of general knowledge. The Application includes paid services such as PRO subscription and in-game currency – coins.

1.7. The Application is not a lottery, betting, sweepstakes, gambling, or other risk-based game. It is intended solely for your personal, non-commercial use and is available for informational and entertainment purposes only. By continuing to use the Application, you agree not to use the Application for any other purposes.

1.8. The Application is not intended for children and is not classified as a children's application; it does not fall under the scope of the Children's Online Privacy Protection Act (COPPA). The age restriction applied on the application platforms "App Store" and "Google Play" for downloading our Application is 4+ years old.

2. TERMS AND DEFINITIONS

2.1. Game сurrency – private electronic currency in the form of coins used to purchase hints, the ability to skip

questions, or acquire additional lives during level progression.

2.2. Mioris Сontent includes software, source code, technologies, text, questions, answers, publications, and messages, including but not limited to email messages, links, music, sounds, images, videos, and all other audiovisual materials available through the Application, as well as the application's game design and the site's web design.

2.3. In-App Purchases – operation of obtaining Game Currency and/or PRO subscription, which you purchase using Real сurrency within the Application.

2.4. User - a person playing the Application (hereinafter "you," "your").

2.5. Real сurrency is a legal tender generally accepted as a medium of exchange in the issuing country. You can use it to purchase coins and/or a PRO subscription.

2.6. Third parties – individuals, sole proprietors, and legal entities who are not Users.

3. LICENSE

3.1. If you agree to and follow the Terms of Use and the Privacy Policy, Mioris grants you a limited, non-exclusive, revocable license to access and use the Application, including the software, Mioris Content, and other related materials, solely for personal, non-commercial use.

3.2. We retain all ownership rights to the Application and Mioris Content and do not grant them to you under these Terms.

4. INTELLECTUAL PROPERTY OF MIORIS COMPANY

4.1. Mioris owns all intellectual and copyright rights, trademarks, and other proprietary rights to Mioris Content. Unless directly stated otherwise, you should assume that international intellectual property laws protect all Mioris Content and property rights and may not be used except as permitted by these Terms.

4.2. You do not have any rights to any Mioris Content and agree not to copy, reproduce, modify, distribute, license, sublicense, reverse engineer, or create derivative works based on the Application, software, or services on the Site, except as permitted by this Agreement.

4.3. Your unauthorized use of Mioris intellectual property displayed on the Site and in the Application, or any Mioris Content, is strictly prohibited. Mioris will enforce its intellectual property rights to the fullest extent of international law.

4.4. The Privacy Policy governs your use of all materials, information, and Content of the Application provided to you by Mioris.

5. CONNECTION AND AUTHORIZATION IN THE APPLICATION

5.1. You do not need an active internet connection to use the Application up to level 20. However, beyond level 20, an active internet connection is required to continue playing the game. After downloading the Application, Users can log in and create a game account or use the Application without logging in.

5.2. You can log in to the Application using your existing accounts from Apple, Google, and Facebook, or by using Email with a verification link chosen by the User. After logging in and creating a game account, the User will be credited with 10 bonus Coins. With the created game account, you can save progress results in the Application and transfer them to other devices.

5.3. If you use the Application without logging in to a game account, your game progress and achievements will not be saved when transferred to another device or if the Application is deleted.

5.4. For purchasing a PRO subscription and/or Game currency, the Application requires an active internet connection, which can be via Wi-Fi or provided by a mobile network operator. We are not responsible if the Application does not work with full functionality due to a lack of access to Wi-Fi or mobile connection.

5.5. If you use the Application outside of a Wi-Fi zone, please be aware that your agreement with the mobile service provider will still apply. As a result, the mobile network operator may charge you for data usage throughout the time you access the Application.

6. GAME PROCESS

6.1. The Application aims to allow Users to test their knowledge and critical thinking skills by answering questions

from various fields of knowledge and science, aiming to broaden their outlook and knowledge.

6.2. Description of the game process:

6.2.1. The User gains access to a step-by-step level progression displayed as "cards". Each card contains

a question and has its theme. Tasks and questions may vary by type: textual, visual with text, musical, and/or video cards.

6.2.2. To answer a question, the User needs to provide responses that match the content and theme of the question. Each correct answer earns the User points.

6.2.3. For each level, the User is provided with several lives. One life is lost for each incorrect answer. If all lives are depleted, the level is considered failed, and the User is allowed to retry it.

6.2.4. After successfully completing a level, your points are stored and accumulated in a treasury. Upon accumulating a certain number of points that fill the treasury, the User is given a one-time

opportunity to redeem coins. If the User declines to redeem coins from the treasury, this offer disappears, and a new accumulation of points begins in the treasury based on completed levels.

6.2.5. Users may receive hints and/or extra lives by watching videos, which become available after failing any level.

7. PURCHASES IN THE APPLICATION. USE OF IN-GAME CURRENCY

7.1. Mioris allows Users to make purchases within the Application. By purchasing, you agree to provide complete,

accurate, and truthful information about yourself and refrain from using fraudulent or illegal payment methods.

7.2. Mioris does not process and is not responsible for processing payment transactions for purchases made within the Application. All purchase transactions within the Application are handled by third-party payment operators, Apple Inc. and/or Google Payment service. By making purchases within the Application, you agree to review and comply with the Apple Inc and/or Google Payment Terms of Service, accessible via the respective links.

7.3. PRO Subscription. You can subscribe to a paid PRO subscription for one month or make a one-time purchase forever. The Pro subscription is available and valid for the duration purchased, regardless of your usage of the Application.

7.4. Key features of the PRO subscription:

7.4.1. No interstitial ads are displayed between levels ("cards").

7.4.2. 5 free hints per day and 3 extra spins for the fortune wheel.

7.4.3. Unique questions.

7.5. Payment for the PRO subscription will be deducted from your App Store or Google Play account upon purchase confirmation.

7.6. The monthly PRO subscription automatically renews unless cancelled at least 24 hours before the current subscription period ends.

7.7. Users can manage PRO subscriptions, and automatic renewal can be turned off.

7.8. Coins are the in-game currency you can purchase using Real currency or earn coins within our Application. Ways to obtain coins include:

7.8.1. Conditionally free: playing the roulette wheel, watching video advertisements, and receiving coins as gifts for successfully completing levels.

7.8.2. Paid: purchasing coins using Real currency within the Application.

7.9. Special Offers. After completing levels, temporary special offers may be presented within the Application. The cost, content, and duration of the purchase are determined within the Application at the time of the offer presentation.

7.10. Upon making purchases within the Application, you are responsible for any loss or damage resulting from the purchase. Mioris bears no responsibility in such circumstances, regardless of the cause. You clearly understand and agree that your use of the Application and purchases within the Application are solely at your own risk. The Application and purchases within the Application are provided "as is" and "as available". All purchases within the Application are final, and funds spent on them are non-refundable, except as provided by these Terms.

7.11. Real currency refunds for purchases within the Application are allowed according to the Apple and Google Play Terms of Service.

7.12. Mioris set prices for PRO subscriptions and coins and may be changed at any time at our discretion.

7.13. Mioris reserves the unlimited right to regulate, modify, and/or remove In-Game currency and/or Purchases at our discretion and is not obligated to compensate you for costs incurred due to the removal or change in the value of In-Game currency, PRO subscriptions, or purchases within the Application.

7.14. You have the option to delete the Application. Please note that after deleting the Application, you can restore all previously made purchases within the Application by reinstalling the Application and pressing the "Restore Purchases" button.

7.15. If you encounter problems or have questions regarding purchases made within the Application, please contact the game support service. Mioris will attempt to resolve any issues that arise in the shortest possible time.

8. TRANSACTIONS. REFUNDS

8.1. Users agree that Mioris is not responsible for failed transactions or losses that may occur due to insufficient funds for a transaction, as Mioris does not have access to any User transactions.

8.2. Refunds of Real currency for purchases within the Application can be made according to the terms and conditions outlined by Apple and Google Payment media services. In the event of a refund, fees for the refund may be charged, the amounts of which are specified in the media services resources.

8.3. Refunds cannot be processed in cases of incomplete or inaccurate user-provided data, data mismatch, or other suspicious circumstances.

9. REFERRAL SYSTEM FOR USERS

9.1. Free Life. Every User can receive a free life necessary for level progression after failing a level when their lives are depleted. We will offer you a free life by sharing a game link on one of the listed social networks in the offer. The opportunity to receive a free life is provided once every 12 hours, every day.

9.2. Free Premium for a Week. Every User can have the opportunity to try the free premium version of the Application by sending an invitation link to download the Application to five of their friends, using any convenient method. After that, each of the 5 friends to whom the invitations were sent must successfully pass

five levels. After fulfilling these conditions, you will be granted a week of access to the premium version of the Application.

10. PRIVACY AND SECURITY

10.1. Security. To ensure safe use of the Application, do not share access to your device with others. If you have lost access to your gaming account, suspect unauthorized use, or are aware of security breaches, please email Mioris support at support@mioris.com.

10.2. Confidentiality. We follow GDPR requirements and apply appropriate rules and technical measures to protect Users' personal data from unauthorized access, careless use, disclosure, alteration, destruction, and loss. Your data and the information you provide while using the Application are subject to Mioris' Privacy Policy. You can learn more about our privacy practices in Mioris' Privacy Policy at this link. Mioris' Privacy Policy applies to the use of the Application.

11. USER GUARANTEES

11.1. By using the Application, you guarantee that you will not:

11.1.1. Engage in fraud or other illegal activities, directly or indirectly participate in using hacker methods (cheat codes) or system vulnerabilities aimed at interfering with the normal functioning of the Application.

11.1.2. Use automated software, emulators, bots, or any other prohibited third-party software designed to modify or interfere with the Application.

11.1.3. Transfer a User account and/or access to User accounts of other Users in the Application or any parts of the Application, including Game Currency and Purchases, in exchange for Real Money or items and/or services of monetary value.

11.1.4. Take any actions that fraudulently lead to or may cause loss of Game currency, Purchases in the Application, obtained legally by Users.

11.2. You agree to defend, indemnify, and hold harmless Mioris and its licensors, employees, contractors, suppliers, and successors, as well as their respective officers, directors, employees, and agents, from all liabilities, claims, lawsuits, demands, damages, and expenses, including reasonable attorney's fees, incurred by any Third Party as a result of or arising from your use of the Application, any agreement arising from the use of the Application, including, without limitation, your connection to the Application and Purchases in the Application, and/or in case you violate these Terms or any Third Party rights.

11.3. The User cannot hold Mioris liable for any damages that may arise from the use or non-use of the Application.

12. ACCESS TERMINATION

12.1. If Users violate the rules and Terms of Use of the Application, we may, at our discretion and without reason, notice, or liability, immediately terminate their access to all or any part of the Application. Termination may include, but is not limited to:

12.1.1. Prohibition of access to the Application.

12.2. We reserve the right to change or terminate the operation of the Application, or any part of the Application, with or without notice, at any time. Mioris, including our licensors, must not be liable to you or any Third party for any changes, suspensions, or terminations of the Application.

12.3. In appropriate circumstances and at our discretion, Mioris may disable and/or close User accounts of those who infringe on the intellectual property of others or otherwise violate these Terms.

13. SERVICES, ADVERTISING, AND THIRD-PARTY CONTENT

13.1. The Application may be integrated with Third-parties’ websites or resources. We do not control third-party websites and are not responsible for the availability or content of such websites. You are responsible for complying with and understanding the Third-party websites’ Terms of Use and Privacy Policies.

13.2. The Application may contain advertisements and promotional offers from Third parties or other service providers. You can opt out of sharing personal data and ad personalization.

13.3. Your interactions with any Third parties, as well as any terms, conditions, warranties, or endorsements associated with such interactions, are solely between you and such Third party.

13.4. All images and music used in the Application have been obtained legally from rights holders and/or purchased from specialized trading services, or sourced from open sources under a free license. Images may be subject to graphic processing. However, if we inadvertently infringe on your legitimate rights to any image, you can contact our Support Service by email at: support@mioris.com.

13.5. Mioris is not responsible for the information that Users submit to public areas through external links. This data submitted through external links has not been reviewed or endorsed by Mioris.

14. DISCLAIMER

14.1. You use the Application at your own risk. The Application is provided "as is" and "as available." Mioris and its licensors disclaim all warranties, whether express or implied, including implied warranties of merchantability, suitability for a particular purpose, accuracy, and conformity. Mioris, its licensors, and their respective affiliates are not responsible for the timeliness, deletion, or failure to store any Mioris Content or user personalization settings.

14.2. You download or obtain any content through the Application solely at your risk, and you are solely responsible for any damage to your device or loss of data resulting from the download or use of any such content.

14.3. You understand and agree that Mioris, its licensors, and respective affiliates must not be liable to you for any direct, indirect, incidental, or special damages, including loss of profits, business reputation damage, data loss, or other intangible losses. Even if Mioris has been advised of the possibility of such damages arising from:

14.3.1. The use or inability to use the Application, including but not limited to access termination or deletion of the Application;

14.3.2. Unauthorized access to data or alteration of your transmissions or data;

14.3.3. Any other matters related to the Application.

14.4. Mioris is not responsible for any failures, damages, or loss of user computer systems, data, or records, including any part thereof, as well as delays, losses, errors, or omissions that may arise from such failures.

14.5. Mioris does not provide any warranties regarding the availability, accuracy, or value of any information provided in the Application. The Application may contain educational elements or training; however, these elements are not always intended to reproduce real events or facts accurately. Users should understand that the Application is solely an entertainment product, and not all information provided therein may be truly accurate or precise.

14.6. Mioris is not liable for any purchases made within the Application. All purchases within the Application are voluntary. Users are not obligated to make any purchases to continue playing and enjoying the game. Users personally assume responsibility when making purchases within the Application. Please ensure that purchases are made from your device, not accidentally or without your knowledge.

14.7. Mioris does not guarantee continuous or uninterrupted operation of user support.

14.8. By using the Application, you may encounter offensive, indecent, or unwanted content for which Mioris is not responsible, as it does not distribute or utilize such content. Mioris makes no representations regarding any Third-party content contained in or accessible through the Application. Any terms, warranties, and representations related to such Third-party content are subject to relationships between Users and providers of such content.

14.9. Some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. This means that some of the limitations mentioned above may not apply to you.

15. JURISDICTION. COMPLIANCE WITH LOCAL LAWS

15.1. Mioris is committed to complying with the laws of the Republic of Cyprus, regardless of the Users’ location. The laws of the Republic of Cyprus must govern the relationship between the parties. In the event of any inconsistency between any provisions of these Terms and applicable law, such provisions must be replaced or amended only to the extent of such inconsistency.

15.2. The parties agree that the operation of the Application and Services is governed by the laws of the Republic of Cyprus and the European Union, including:

15.2.1. General European Union (EU) legislation on consumer protection;

15.2.2. Data protection legislation (GDPR);

15.2.3. E-Commerce Directive;

15.2.4. Laws on copyright protection and intellectual property;

15.2.5. Digital Services Act (DSA).

15.3. Users are responsible for complying with local laws related to the use of the Application, as well as any applicable regulation concerning the use of Digital Assets in the jurisdiction where the User is registered. Users waive any objections that may arise regarding jurisdiction of registration, place of residence, sanctions restrictions, and/or inconveniences associated with the use of the Application.

16. ADDITIONAL PROVISIONS. APP STORE AND GOOGLE PLAY

16.1. Product claims. Mioris and Users acknowledge that Mioris, not Apple and/or Google Play, is responsible for addressing any claims you or any Third party may have relating to the Application or your possession and/or use of the Application, including but not limited to:

16.1.1. product liability claims;

16.1.2. any claims that the Application fails to conform to any applicable legal or regulatory requirement;

and

16.1.3. claims arising under consumer protection or similar legislation. This Agreement does not limit

Mioris's liability to Users beyond what is permitted by applicable law.

16.2. Mioris and Users acknowledge that these Terms are concluded solely between Mioris and you, not with Apple and/or Google Play and that Mioris, not Apple and/or Google Play, is solely responsible for the Application and its content. If the Terms of Use for the Application establish less strict rules or conflict with the Apple and/or Google Play Terms of Service, then the terms of Apple and/or Google Play must apply.

16.3. Mioris is solely responsible for providing any maintenance and support services for the Application as specified in these Terms of Use or as required by applicable law. Mioris and Users acknowledge that Apple and/or Google Play have no obligation whatsoever to furnish any maintenance and support services concerning the Application.

17. USER SUPPORT AND APPLICATION IMPROVEMENT

17.1. Mioris provides user support. By agreeing to this Agreement, you have the right to contact Mioris support at any time by sending an email to support@mioris.com. Reasons for contacting may include:

17.1.1. Any questions regarding the services provided to you and suggestions for their improvement.

17.1.2. Inquiries if you have made a purchase within the application but have not received the purchase

or it is not functioning.

17.1.3. Errors or other issues related to our Application.

17.2. After your message is sent, a support team will review it within 48-72 hours. The response time of the support team member is not fixed and depends on the quality of your message or identification of violations of these Terms. The support team has the right not to respond to your request.

17.3. When contacting support, please be honest, send only truthful information, refrain from rudeness and the use of offensive language, show politeness and friendliness, and do not violate the rights of individuals both in private and public spheres.

17.4. Also, please note that we are not responsible if anyone, whether a User or Third party, contacts you on behalf of Mioris to obtain any information they request from you. Be vigilant and ensure that you are in contact with our support service. User support is provided solely through communication via email at support@mioris.com.

18. GENERAL INFORMATION

18.1. Mioris may send you messages, including those related to changes in the Terms, by email and/or through posting in the Application, provided that this section does not impose any requirements on Mioris that are not expressly stated in these Terms.

18.2. By using the Application, the User consents to receive electronic notifications, messages, and push notifications. This consent remains in effect until the User revokes it. The User may revoke such consent at any time by sending an electronic message.

18.3. Users may provide public feedback about the Application, and therefore Mioris may copy, disclose, license, distribute, and use them without any obligations or restrictions related to intellectual property rights or other grounds. Public feedback from Users is not considered confidential information.

18.4. You agree to report any violations of these Terms to support@mioris.com.

18.5. If you believe that Mioris or its licensors have violated your rights or legitimate interests, you must contact us with a written claim for direct dispute resolution. The claim should be sent by email to our address at support@mioris.com.

18.6. The parties agree to continue to fulfill their obligations under these Terms during the dispute resolution procedure, until such obligations are terminated or completed under the provisions of these Terms, except where expressly impeded by the nature of the dispute.