End User License Agreement
Effective Date: July, 2026
RECITALS
This EULA governs relations between the “Company”, “we”, “our” or “us” as it is defined hereinbelow and the “Users”, “you” pertaining to their use of the Game. This EULA is accessible online at https://bho-eula.innova-sol.com/ .
Only natural persons are entitled to download/acquire/use any Game.
By downloading, installing, registering to or otherwise using the Game, the User:
(A) acknowledges of User’s acquaintance with this EULA, which means that you read, understood, and unconditionally accepted the terms and conditions of this EULA, Privacy Policy as well as the conditions of other relevant regulations applicable to the Game, if any, and guarantee that you will observe them during the entire period of Game usage;
(B) acknowledges and agrees that the User has independently evaluated the desirability of using the Game and is not relying on any representation, guarantee, or statement other than as expressly set forth herein; and
(C) represents and warrants that the User is lawfully able to enter into contracts (e.g. the User has reached the age of capacity provided by applicable law). If the User is minor, you shall become acquainted with this EULA with the help of your parents/legal guardians. This EULA may be concluded on condition that your lawful representative or guardian consents thereto. Such consent may be requested by the Company at any time and shall be provided by the User in reasonable term. Failure to make the submission of the said consent on time may cause deprivation of the right to use the Games. In addition, the usage of Game may be suspended or terminated by the Company at the request of your parents/legal guardians.
Company recommends parents or legal guardians to monitor their children's online activities. To protect children’s privacy, Company advises parents or legal guardians to check that their children never disclose their personal data without prior consent of their parents or guardians. Company reserves the right to restrict access to the Game or certain services related to the Game based on the age of users and may allow the usage of or registration for certain services or Game with parental approval when underage. Company reserves the right to ask for written proof of parental consent for any User or potential User suspected to be a minor. In all cases, utilization of Game by minors must take place under the responsibility of their parents or legal guardians and any use of the Game is assumed to have been validated by them. Otherwise, installation or other use of the Game is prohibited.
Reference to the present EULA shall also include relevant agreements and regulations associated with the Game, Privacy Policy, other documents, such as schedules, policies, guidelines, specifications, user manuals, and supporting materials that the Company makes available to the User, unless the context otherwise requires.
In the case when the User downloads/purchases the Game through any Third Parties Platform, the User undertakes to review and comply with the terms and conditions of the owner of the respective platform, which may be changed from time to time and may provide for certain additional requirements applicable to downloading the Game through that platform, its installation, and use.
By accepting this EULA, installing, downloading, using or otherwise accessing the Game, the User confirms and declares that the User reviews, understands, agrees and accepts this EULA and Privacy Policy in its entirely, and therefore this EULA is considered to be concluded between the Company and the User at this moment.
If you do not agree to this EULA or you do not accept the terms of this EULA and Privacy Policy, please do not accept, register to, install, use or otherwise access the Game.
1. TERMS AND DEFINITIONS
In this EULA, the following definitions, when capitalized, shall have the following meanings:
Account – personal account of the User in the Game.
Company – means distributor of the Game for the Game available on Third Parties Platforms - Innova Solutions FZ-LLC, registered at Abu Dhabi, UAE with the registration number 1291, B.L. 1291/23.
Company’s Support – Company provides support and assistance via support tool available through the game interface (while user is logging into the Game) and via support tool located at: support@innova-sol.com.
EULA – this End User License Agreement for Game, a legal document determining the terms and conditions of using of the Game and all related services (if any) by Users.
Game Rules – a legal document, determining the rules to be mandatorily observed by the User while using the Game attached to this EULA.
Game – game for mobile devices named “Berserk Heroes Online”, operated by the Company. For purposes of this EULA Game include all software program(s) for mobile devices necessary to participate in the Game and/or to be installed on the User’s mobile device (if any), distributed, published or otherwise made available by the Company through Third Parties Platform. Software also includes game client, updates and upgrades as well as accompanying manual(s), packaging and other written files, electronic or on-line materials or documentation, and any and all copies of such software and its materials. Game’s title will be specified in the description of the Game on the Third Parties Platform. The Game’s client software is part of the Game provided to the User with the right to reproduce, unless this EULA provides for otherwise, and shall be used by the User in accordance with the present EULA.
Materials – all content, information, and other materials within the Game, including, without limitation, trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), text, articles, pictures, information, data, music, sound files, photographs, titles, themes, objects, characters, character names, stories, dialogues, catch phrases, concepts, artwork, animations, audio-visual effects, methods of operation, and documentation.
In-Game Assets – virtual in-game items and other goods and related in-game services (if any) which may be available for acquisition in the Game and can be used within the Game process only.
In-Game Currency – a sort of In-Game Assets, virtual in-game currency available within the Game process only which has no monetary value and is not subject to monetary valuation, although it has a price as an in-game assets at the time of acquisition.
Territory – worldwide.
Third Parties Platform – any platform operated by a third party where the User may access and download the Game, such as (but not limited) third party mobile platforms, e.g. App Store platform operated by Apple, or Google Play platform operated by Google and etc.
Unacceptable Content -–any kind of content or behavior in connection with the use of the Game that is either illegal or unacceptable under the generally accepted moral rules, including, without limitation, the following examples:
(i) engaging in or contributing to any illegal activity or activity that violates others’ rights;
(ii) content that is or could be reasonably viewed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable and unacceptable;
(iii) providing information that is false, misleading or inaccurate;
(iv) disclosing of any personal or proprietary information of another User or any other person or otherwise invading other person privacy;
(v) abuse, harassment, stalking, threats, flaming or intimidation of any person or organization;
(vi) profanity or use of derogatory, discriminatory, hatred or excessively graphic language;
(vii) any content that may harm minors;
(viii) disseminating or advocating in any way hate, intolerance, discrimination, harm, racial or ethnic hatred, violence, crime or war;
(ix) offensive, vulgar, sexually explicit or pornographic content;
(x) promoting the use of alcohol, tobacco or any narcotic or illegal substances, firearms;
(xi) transmitting software viruses, worms or any other kind of harmful software;
(xii) unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
(xiii) hacking;
(xiv) infringing any intellectual property rights, or unlawful provision/disclosure of information (insider information, confidential information, other proprietary information);
(xv) other unacceptable content or behavior
User – a natural person who has reached the age which allows them, in accordance with the applicable law, to be fully liable for his/her own actions (fully legally capable person) and to use the Game and acquire In-Game Assets and/or In-Game Currency, and satisfies all the criteria listed herein, or if underage, satisfies all the criteria listed herein.
2. GENERAL PROVISIONS
2.1 By this EULA, the Company provides the User with the opportunity to use the Game by downloading and installing the Game on the User’s mobile device.
Any use of the Game except as specifically authorized in this EULA, without the prior written permission of the Company, is strictly prohibited and may violate intellectual property rights or applicable laws. The Company may terminate the license granted to the User hereunder at any time, with a prior notice, including where the Company reasonably considers that: (a) the use of the Game by the User violates this EULA or applicable law; (b) the User fraudulently uses or misuses the Game; or (c) the Company is unable to continue distributing the Game due to technical or legitimate business reasons. After termination of the EULA (regardless of reason) the User must cease from using of the Game and remove all copies of the Game from all mobile devices under User’s control.
2.2. To use the Game, the User must comply with the minimum system and technical requirements for the mobile device, applicable to the Game.
3. USER’S ACCOUNT
3.1 In order to use the Game, the User may be required to create an Account following the instructions outlined in the Game using account on Third Party Platform.
3.2. If the User accesses and downloads the Game via Third Party Platform, the User shall comply with its terms of service (terms of use) of such Third Parties Platform.
3.3. The creation of Account is not obligatory for using of the Game, provided that the User shall acknowledge that the User is solely responsible for saving User’s game progress in the Game. The User may access to the Game through the Guest Account. In order to save the game progress, the User is strongly recommended to create the in-game Account and connect Game profile to User’s Account on the relevant Third Parties Platform, from which the User accesses the Game.
A Guest Account is a specific type of Game account and is used by the User exclusively to access the mobile version of the Game. The Company provides no guarantees regarding the Game using a Guest Account, including the preservation of Game progress and character achievements (if any). By using a Guest Account, the User understands that access to such account may be limited and/or lost at any time, including, but not limited to, due to technical errors or updates, and the game progress, including In-Game Assets received or purchased using such account, will not be subject to restoration. The User has no right to demand a refund of any game-related payments made using the Guest Account, including due to loss of access to such account for any reason and/or its deletion.
Access to the Guest Account on other Licensee devices, as well as the transfer and restoration of such an account, is not permitted.
The User may delete a Guest Account at any time by activating the "Delete Account" button in the mobile version of the Game. If the Licensee initiates deletion of a Guest Account but logs into the Game using the same account before deletion and termination of this EULA, the deletion of the Guest Account is considered canceled, and the EULA is considered renewed.
3.4 The Game and User’s Account is intended for personal and non-commercial use only. The Users are informed and accept that the information provided when creating the Game Account is presumed to establish their identity. The Users guarantee that all information provided is accurate and up to date. The Users undertake to update this information on their Accounts as soon as it is modified so that it always complies with this criteria. The User shall not share the Account or it’s login and password, nor let anyone else access User’s Account or do anything else that might threaten the security of the Account. The User shall maintain the confidentiality of login and password of User’s Account.
3.4 If the User becomes aware of or reasonably suspects any breach of security, including, without limitation, any loss, theft, or unauthorized disclosure of Use’s login and password of Game Account, the User must immediately notify the Company thereof and modify login and password, in case such functional is available in the Game. In the absence of such prompt notification, the Company cannot provide the safety of the User’s game process.
3.5 The User is forbidden to distribute, use, or deliberately obtain any information granting access to the Account of another User, as well as distribute links to third party resources containing such information. It is forbidden to use or attempt to use another User’s Account, and inter alia, to log into the Account registered by another Use.
4. IN-GAME ASSETS AND IN-GAME CURRENCY
4.1 The User acknowledges that the functionality of the Game may provide the User with the opportunity to acquire additional In-Game Assets and/or In-Game Currency. General system and technical requirements applicable to the Game are relevant for the fee-based In-Game Assets and/or In-Game Currency as well. In-Game Assets and/or In-Game Currency are not delivered on physical carriers or in any material form. The only way how they can be provided is its provision within the Game process.
The Company is entitled to change the price of In-Game Assets and/or In-Game Currency at any time. However, this does not mean that the User that has already paid for the In-Game Assets and/or In-Game Currency is obliged to pay any difference in case where the price increases and is not entitled to claim any refunds in case where the price decreases.
4.2 The In-Game Currency is not a means of payment and serves the sole purpose as a means of exchange for In-Game Assets. The In-Game Currency cannot be exchanged for real money or other valuables, except for the In-Game Assets during the usual course of the Game. Any unused In-Game Currency cannot be converted back into real money or other valuables under any circumstances. The Company does not exchange In-Game currency and/or other In-Game Assets for real money. Such exchange between Users is strictly prohibited.
4.3 The User may be provided with the opportunity to acquire for real money a limited, personal, non-transferable, non-sublicensable, revocable license to use the In-Game Assets and/or the In-Game Currency exclusively from the Company and/or its authorized partners by using one of the approved payment methods. Duration of usage of In-Game Assets and/or the In-Game Currency starts, continues and ends regardless the User’s presence in the Game or logging in, unless otherwise definitely indicated in the description of such In-Game Assets and/or the In-Game Currency. The reason for User’s absence in the Game process may not be a ground for the prolongation of the duration or a refund.
4.4 In-Game Assets and/or In-Game Currency acquired by the User are fully provided at the moment of purchase by clicking the button “Buy” (or similar button that depends on a particular Game interface or interface of Third Parties Platform game shop). Under normal technical circumstances, In-Game Currency or In-Game Assets are credited to the User’s Account in the moment of the payment debiting from User’s payment method. However, the Internet connection or some other technical difficulties may cause a lag in its provision. The charge of the In-Game Assets and/or the In-Game Currency to the User’s Account shall be made as soon as possible. The User is advised to contact Company’s Support when the lag lasts for more than 30 minutes.
4.5 The Company does not guarantee, that (i) In-Game Assets that the User wants to acquire will be available at the time of the In-Game Currency is credited to his/her Account, (ii) the User will be able to use the In-Game Assets for an indefinite or desired period, (iii) the User will be able to exchange the In-Game Currency for any or specific In-Game Assets, (iv) the characteristics or the intended use of the In-Game Assets will remain unchanged for the duration of the operation of the Game or will meet the User’s expectations or preferences.
4.6 The Company shall not be liable for the User’s loss of In-Game Assets and/or In-Game Currency during the game process obtained as a result of participation in the Game. The User is aware and agrees that use of the Game, In-Game Currency or In-Game Assets is at his/her sole risk. The Company does not hold legal responsibility over the User's Accounts, their loss or deletion. It is User´s responsibility not to lose, destroy, or damage Games, In-Game Currency or In-Game Assets once downloaded/installed/provided.
4.7 Considering the technical complexity of the Game and the resources used for the operation of the Game, the Company carries out regular maintenance diagnostics of the Game. The Company may withdraw In-Game Assets and In-Game Currency already displayed in the User’s Account in case such maintenance diagnostics reveals that such In-Game Currency or In-Game Assets were accidentally displayed in the User’s Account, including because of a bug or an error in the Game.
4.8. In addition to the terms and conditions of this EULA, Third Parties Platform may set terms for the acquisition, making of in-app purchases and use of the Game, the In-Game Assets and/or the In-Game Currency, and related matters. To find out more, please see the terms of use and privacy statement of such Third Parties Platform from which your download or acquire the Game, the In-Game Assets and/or the In-Game Currency, and other terms and conditions identified on the website of this third party.
4.9. The User acknowledges that the Game may include advertising displayed within the Game process. The User has agreed to receive such advertisement and/or review ads in the course of using the Game and participating in Game process.
5. RIGHT OF WITHDRAWAL
5.1. All fees payable for the Game, the In-Game Assets and/or the In-Game Currency are non-refundable, except as expressly set forth in accordance with applicable legislation. All in-game sales are final. The Game, the In-Game Assets and/or the In-Game Currency are not subject to return or exchange unless it is otherwise provided for herein. By purchasing the Game, the In-Game Assets and/or the In-Game Currency, as well as exchanging the In-Game Currency for the In-Game Assets, the User understands and agrees that (i) the User’s access to the Game may be terminated according to this EULA, and/or (ii) the Game may be discontinued at any time for any reason, and that such events do not give rise to the User’s right to receive a refund of any sums paid for Game, In-Game Assets and/or In-Game Currency.
IN ADDITION, THE CHARGES AND PURCHASES ARE NOT REFUNDABLE IN THE EVENT THAT THE USER IS DISSATISFIED WITH THE GAME OR IN CASE OF INCONFORMITY WITH GENERAL SYSTEM AND TECHNICAL REQUIREMENTS APPLICABLE TO THE GAME.
For purposes of this EULA the In-Game Assets and/or In-Game Currency is considered as completely delivered to the User: a) at the moment of completion of downloading/installing the Game by the User to mobile device, or b) at the moment of enable of access to In-Game Assets and/or In-Game Currency for the User by online communication method, or c) at the moment of enable of use of In-Game Assets and/or In-Game Currency by the User, so for purposes of this EULA. Under “Complete delivery of the In-Game Assets and/or In-Game Currency to the User” is understood any of the moment listed in letter a), b) or c) hereto. This EULA is according to the relevant applicable law found as a distance contract, i.e. as a contract negotiated and concluded between the Company (seller) and the User (consumer) exclusively by means of distance communication tool (using Internet) without the simultaneous physical presence of the seller and the consumer, or more precisely as a contract for the provision of the electronical contents (Game/ In-Game Assets and/or In-Game Currency) which is not supplied on a tangible medium. The consumer is in general according to the relevant applicable law entitled to withdraw from a distance contract or more precisely from a contract for the provision of the electronical contents which is not supplied on a tangible medium. The withdrawal period is in general 14 calendar days. The consumer is entitled to use this right to withdraw from a contract also without any reason prior to the expiration of the withdrawal period, i.e. within 14 calendar days from the date of conclusion of a contract for the provision of the electronical contents which is not supplied on a tangible medium, whereby the deadline for withdrawal shall be deemed observed if the notice of withdrawal has been sent to the seller no later than on the last date of the withdrawal period. As regards the procedure for exercising the right of withdrawal, the consumer may exercise the right of withdrawal towards the seller in paper form or in the other form (through the e-mail address, etc.) which contains any clearly worded statement of the consumer expressing his desire to withdraw from a contract.
According to the relevant applicable law, the consumer/User cannot/is not entitled to withdraw from this EULA the subject of which is the provision of electronical contents (Game/ In-Game Assets and/or In-Game Currency) if the performance (provision of electronical contents) has commenced with the express consent of the consumer/User and the consumer/User declared that he was duly instructed that he loses his right of withdrawal by this express consent.
The Company hereby informs/instructs you as the User and you as the User acknowledges that you lose the right to withdraw from this EULA by granting of consent to commence the provision of electronical contents under this EULA (by granting of consent to Complete delivery of Game/ In-Game Assets and/or In-Game Currency to the User) prior to the expiration of the withdrawal period from a contract (this EULA).
Hereby You as the User grant the express consent to commence the provision of electronical contents under this EULA (grant the express consent to Complete delivery of Game/ In-Game Assets and/or In-Game Currency to User) prior to the expiration of the withdrawal period from a contract (this EULA) and you as the User hereby simultaneously declare that you have been duly instructed about the loss of the right to withdraw from a contract (this EULA) by granting the express consent above. This express consent and declaration of you as the User shall apply accordingly to the purchases within this EULA if you as the User will use of the possibility of acquisition of Game/ In-Game Assets and/or In-Game Currency to User).
5.2. The transfer of the In-Game Assets and/or the In-Game Currency is prohibited except where expressly authorized in the Game. Other than as expressly authorized in the Game, the User shall not sublicense, sell, redeem or otherwise transfer or attempt to transfer the In-Game Assets and/or the In-Game Currency to any person or entity. Any such transfer or attempted transfer is prohibited and void, and may result in termination of the Users right to access to his/her Account and/or the Game. Should it be provided by the functionality of other services of the Company, the Users may be allowed to exchange the In-Game Assets with each other, inter alia, for In-Game Currency only within game process. In no event, the Company endorses and/or facilitate the exchange of the In-Game Currency and/or the In-Game Assets for real money or other valuables outside the game process, any such exchange thereof shall be deemed as a breach of this EULA.
6. LIMITED LICENCE
6.1 From the moment of acceptance of this EULA by the User, the Company grants the User a personal, limited, non-exclusive, non-assignable, and non-transferable license to install and use the Game in the Territory within the scope of its functionality and solely for personal and non-commercial use, and, in full compliance with this EULA and any other documentation accompanying, or being incorporated into, the Game.
6.2 The User agrees and acknowledges that any and all rights to intellectual property (including, without limitation, in the Game and any related Materials) belong to the Company and/or its partners/affiliates (if applicable). Rights to intellectual property granted hereunder are licensed, but not sold. The license granted hereunder confers no title or ownership.
6.3 The User is expressly prohibited to:
6.4 No other rights to the Game or its parts are granted to the User hereunder, except for the rights expressly stated in this EULA.
7. SANCTIONS
7.1 The Company shall independently determine the fact of violation. In the case of violation of the EULA, inter alia, the Game Rules by the User, the v shall have the right to apply the following sanctions to the User, depending on the extent of the violation committed by the User and its adverse effect on the game process and other Users:
7.2 The Company will make reasonable efforts to provide the User with explanation on what the terms of this EULA, and/or the Game Rules were violated by the User, as a result of which the sanctions were applied by the Company, but the Company is not obliged to provide any evidence or proofs of any violations.
7.3 The User is not allowed to register new Accounts in case of the violation of the EULA and/or the Game Rules by the User. In case the Company finds that such User has multiple Accounts, the Company reserves the right to apply the foregoing sanctions to all Accounts of such User.
8. HEALTH OF USERS
The following precautions should be taken by the Users:
WARNING, SOME INDIVIDUALS ARE LIABLE TO HAVE EPILEPTIC FITS INCLUDING, IN CERTAIN CASES, LOSS OF CONSCIOUSNESS, PARTICULARLY WHEN EXPOSED TO STRONG LUMINOUS STIMULATIONS (RAPID SUCCESSION OF IMAGES OR REPETITION OF SIMPLE GEOMETRICAL FIGURES, FLASHES OR EXPOSURES). SUCH INDIVIDUALS ARE EXPOSED TO RISKS OF FITS WHEN THEY PLAY CERTAIN VIDEO GAMES CONTAINING SUCH LUMINOUS STIMULATIONS; COMPANY HIGHLY RECOMMENDS THE USERS TO CONSULT THEIR DOCTOR BEFORE ANY USE. PARENTS MUST ALSO PAY PARTICULARLY CLOSE ATTENTION TO THEIR CHILDREN WHEN THEY PLAY VIDEO GAMES. IF THE USER PRESENTS ONE OF THE FOLLOWING SYMPTOMS: DIZZINESS, VISION PROBLEMS, CONTRACTION OF THE EYES OR MUSCLES, DISORIENTATION, INVOLUNTARY MOVEMENT OR CONVULSIONS OR MOMENTARY LOSS OF CONSCIOUSNESS, THE USER MUST IMMEDIATELY STOP PLAYING AND CONSULT A DOCTOR OR HIS/HER PARENTS MUST COMPEL THEIR CHILDREN TO DO SO.
9. AUTOMATIC UPDATES TO THE GAME
9.1 In order to improve the Game, the Company reserves the right to introduce automatic updates and changes into the Game so long as the User’s device is connected to the Internet, without the User needing to install the said updates and changes manually. User acknowledges and agrees that some updates and changes to the Game may lead to the system requirements increase. In order to ensure the efficiency of the mentioned updates and changes, and to enable the User to continue using the Game, the User hereby expresses their consent to the introduction of such updates and changes by the Company. The User shall be solely responsible for ensuring that his/her device has sufficient system requirements and memory in order to use and store the Game.
9.2 This EULA applies to any automatic updates (additions, modifications) to the Game that are introduced by the Company by means of the Internet and which are not accompanied by a separate license or other agreement.
9.3 The Games communicates via the internet with a server under control of the Company or its affiliates or partners (if any) to provide the complete service. The Company uses its best efforts to have this server available at all times, but makes no guarantees in this regard. From time-to-time the Company can make updates to the server, which may lead to a temporary unavailability. The Company will do its best to inform you in advance about unavailability of the server. Everything in this document regarding updates, support and liability applies equally to the server.
10. WARRANTY DISCLAIMER
IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THEREFORE, USERS ACKNOWLEDGE THAT THE GAME MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF THE GAME, ACCORDINGLY USERS ACKNOWLEDGE THAT THE GAME ISN’T ERROR-FREE AND MAY BE INTERRUPTED.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME.
THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA OR MATERIALS. THE COMPANY DOES NOT WARRANT THAT THE PERFORMANCE OF USERS’ PERSONAL COMPUTERS OR OTHER DEVICES IS ADEQUATE TO USE THE GAME. USERS ARE ADVISED TO DETERMINE IN ADVANCE THE COMPUTER SYSTEM’S REQUIREMENTS FOR A PARTICULAR GAME AND WHETHER THEIR COMPUTER SYSTEM MEETS THOSE REQUIREMENTS. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE GAME AND USE THEREOF BY THE USER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME. THE COMPANY WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE GAME, (C) ANY UNAUTHORISED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GAME, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE GAME BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAME. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. LIABILITY
IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE COMPANY COMMITS ITSELF TO ACT WITH THE CARE AND DILIGENCE CUSTOMARILY USED IN THE PROFESSION IN ORDER TO PROVIDE FOR THE IMPLEMENTATION OF SERVICES DELIVERED TO THE USERS.
NEVERTHELESS, THE COMPANY LIABILITY MAY NOT BE ENGAGED IN THE EVENT OF DELAY OR BREACH OF ITS CONTRACTUAL OBLIGATIONS IF THE DELAY OR BREACH IS DUE TO A CAUSE BEYOND ITS CONTROL: FORTUITOUS EVENT OR CASE OF FORCE MAJEURE.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR PARTNERS SHALL BEAR ANY LIABILITY TO THE USER FOR ANY DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL LOSSES, INCIDENTAL LOSSES, INDIRECT LOSSES, LOST PROFIT, OR LOST DATA, REGARDLESS OF WHETHER SUCH DAMAGE WAS PREDICTABLE OR NOT) ARISING IN CONNECTION WITH THIS EULA AND WITH THE USE OF THE GAME BY THE USER.
THE COMPANY SHALL NOT BEAR LIABILITY FOR THE IMPOSSIBILITY OF INSTALLING OR LAUNCHING THE GAME ON THE USER’S DEVICE, AS WELL AS FOR ANY POSSIBLE ERRORS AND FAILURES IN GAME OPERATION. THE USER MUST CONNECT TO THE INTERNET IN ORDER TO USE THE GAME. ALL COSTS OF THE INTERNET CONNECTION SHALL BE INCURRED BY THE USER. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO THE USER AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON THE USER’S DEVICE.
IF THE LIMITATION OR EXCLUSION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE COMPANY'S LIABILITY MUST BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.
12. DATA AND INFORMATION SECURITY
12.1 Company's personal data protection rules are specified in Privacy Policy available at https://bho-privacy.innova-sol.com/ .
Company is very concerned about the protection of personal data. The personal data collected by the Company in the context of the present document will be subject to automated processing in accordance with applicable law. All information collected as part of the provision of the service is recorded by the Company, which is a data controller, unless otherwise provided in Privacy Policy. It is essential for the operation of the services offered by the Company. In order to exercise one or more of User’s rights, the User must provide proof of identity and contact the person in charge of data protection at the Company (via Company’s Support).
12.2 The information submitted by the User in any way is to be accurate. Although the Company does its very best to ensure the confidentiality of the data information and has implemented appropriate technical and organizational measures to ensure and to be able to demonstrate that processing is performed in accordance with data protection regulation, the User understands that no security measures is perfect and that it can be circumvented.
12.3. The User understands and acknowledges that, even after deletion of data and/or user content provided by the User, such data may remain accessible in the cache or web archives, as well as in the search results of search engines, and may also be available to other persons, if other Users have copied and stored the User’s data.
12.4 The Company cannot control the actions of other Users with whom the User wants to share his/her account data (login and password).
12.5 The information provided by the User is used by the Company in accordance with the Privacy Policy.
13. APPLICABLE LAW AND JURISDICTION
Unless otherwise expressly provided by applicable law, this EULA is governed by and construed in accordance with the laws of the United Arab Emirates without recourse to the conflict of laws rules regardless of the venue or jurisdiction in which a dispute is being determined. All disputes arising out of or in connection with this EULA shall be resolved by means of correspondence and negotiations without recourse to a court. In the case that the User and the Company fail to come to agreement without recourse to a court within 60 (sixty) business days from the date of the receipt of the relevant claim, disputes shall be resolved by arbitration in accordance with the provisions set forth under the Rules of Commercial Conciliation and Arbitration of the Dubai Chamber of Commerce & Industry, by one arbitrators appointed in compliance with the Rules of DCCI.
14. MISCELLANEOUS
14.1 This EULA is effective from the moment the User first downloads, installs, or otherwise uses the Game and shall last until terminated in accordance herewith. The User may terminate this EULA at any time by uninstalling the Game. The Company may terminate this EULA by notifying the User of termination by any means available to the Company; in this case, the User shall immediately uninstall the Game.
14.2 The Company may modify the functions and informational content of the Game, as well as any related Materials, at any time, at its own discretion. In case that would cause a reduction in the User’s rights, the Company will notify the Users about such change, in which case the notified User shall have the right to terminate the EULA.
14.3 Unless such assignment is likely to result in a reduction in the User’s rights, the Company may, at its own discretion, at any time assign and/or delegate its rights and obligations under this EULA, or any part thereof, to any third party with a notice to the User. The User’s rights and obligations hereunder are personal and not subject to assignment.
14.4 In case of termination of this EULA, Sections 10, 11, 12, 13, and 14 remain in force.
14.5 This EULA constitutes full agreement between the User and the Company regarding the use of the Game by the User and substitutes any previous or contemporaneous oral and written agreements regarding the User’s use of the Game.
14.7 If any provision of this EULA is or becomes illegal or unenforceable, that provision shall be enforced to the maximum extent permissible and/or amended to achieve as closely as possible the effect of the original term, and the remaining provisions of this EULA shall remain in full force and effect.
14.8 The EULA, including, but not limited to, Game Rules, Privacy Policy or any portion thereof may be modified by the Company at any time without a prior notice by posting the updated/amended EULA. Such changes will be valid and effective as of the moment of posting on or within the Game or Game description on the Third Parties Platform.
The User shall undertake to independently check the EULA with respect to the amendment. If not agreed, User shall have the right to discontinue the use of his/her Account. The User will be deemed to has accepted such changes by continuing to use the Game. If at any point the User does not agree to any part of the then-current version of EULA or any other Company’s policy, rules or codes of conduct relating to your use of the Game, your license to use the Game shall immediately terminate, and the User must immediately stop using the Game.
14.10 For the matters related to performance of this EULA, in case of any questions or problems related to the Game (such as technical questions, questions related to this EULA, imposed sanctions, the Game scenario and process), the User may contact the Company’s support. This is the most sufficient way to turn to the support team. However, the User may send his/her request to the Company by e-mails or by post:
For Innova Solutions for Games available on all other application stores not mentioned above email: PO Box: 769729, Abu Dhabi, UAE; post address: support@innova-sol.com;
The User acknowledges that support tickets addressed to Company’s Support shall be in English, the support team replies will be in English only. When addressing a request to the support team, the User shall identify him or herself. The User is highly recommended to provide a detailed description of a question or a problem he/she has encountered. This helps the support team to provide a relevant answer and instructions in return. Should the User provide incomplete data or data that raises doubts of its authenticity and belonging to the person that has addressed the help desk, the support team shall be entitled to request any additional data and information from the User. The support team may request additional data from the User. Company’s Support shall send a reply to the User within 10 days after the date of receipt of the User’s application and submission of the full data thereby. Such term may be increased, depending on the nature of the issue, which shall be additionally notified to the User.
Only the English version of this document shall have legal effect. Any translations of this document into other languages (if any) are provided for Your convenience only.
Appendix No.1
to End User License Agreement
GAME RULES
RECITALS
This document is deemed an integral part of the EULA and regulates the rules of participation in the Game process, User’s conduct within the Game process, restriction of certain actions in the Game, User’s liability for noncompliance with this rules and restrictions, and rights of the Company to take actions against the User specified by the EULA and terms thereof. The full acceptance of these Game Rules and the assumption of their full compliance are mandatory conditions for the User’s participation in the Game.
Rules are established to provide the most comfortable Game experience for each User. Noncompliance with the Game Rules may lead to restriction of features (in any form, including: the use of character(s), In-Game Assets, In-Game Currency, interactions with other characters (if any), etc.) or access to the User’s Account without compensation of the User’s costs (if any).
For violation of the Game Rules, the Company may apply sanctions to the User as set forth in the EULA. By using the Game, the User expresses his/her trust in the Company’s rights to make any decision related to the interpretation of and compliance with the Game Rules.
The Company reserves the right to identify all Accounts of the User, determined by the hardware properties, IP-address or other information, obtained directly or indirectly by the Company as well as to expand the sanctions applied to one Account of the User to any or all of the Accounts of this User.
1. GAME CHARACTER
1.1 The User is forbidden from performing the following actions in the Game with User’s character(s): selling, purchasing, exchanging, gifting, transferring in any form, as well as distributing information regarding the intent to perform actions listed above.
1.2 The User is forbidden from using (including blurred, hidden with special symbols, for instance, @#$%) the following designations as the name of the Game character, name of the Game clan or other group (if any):
1.2.1 offensive or rude words, inciting words of a discriminatory character, swear words and phrases, expletives in any language, composed of letters of any alphabet;
1.2.2 proper names and other words and phrases used in religions or cults, which may insult the feelings of believers (using such common religious concepts);
1.2.3 names of historical figures, politicians;
1.2.4 words and phrases that are directly or indirectly related to drugs and the means of their preparation, use, and acquisition;
1.2.5 words and phrases that may mislead other Users about the User’s personality or that the User, registered under such a name, is a representative of the Company or otherwise has a direct or indirect relation to it, or has any rights of administration of the Game;
1.2.6 unpronounceable letter combinations;
1.2.7 words and phrases that contain advertisements for goods or services, including any domain names and trademarks;
1.2.8 words and phrases that violate the rights of third parties (including, but not limited to, intellectual property rights) or the requirements of the applicable law.
2. GAME ACCOUNT
2.1 The User’s Account is for personal, non-commercial use only. The User is forbidden to perform the following actions in the Game with User’s Account: sell, purchase, exchange, transfer, gift, as well as distribute information regarding the intent to perform such actions.
2.2 The User shall not share the Account, login or password, nor let anyone else access User’s Account or do anything else that might threaten the security of the Account. The User is responsible for maintaining the confidentiality of login and password, and the User will be solely responsible for all use of login and password, including any purchases or other changes to the Account, whether they were authorized by the User or not. The User is responsible for anything that happens through User’s Account. The Company will not be responsible for anything that happens through or to the Account as a result of the User allowing any third party to access his/her login and password and/or Account.
2.3 In the event that the User becomes aware of or reasonably suspects any breach of security, including, without limitation, any loss, theft, or unauthorized disclosure of his/her login and password, the User must immediately notify the Company and modify his/her login and password. The Company cannot guarantee the safety of the User’s game process in the absence of such prompt notification.
2.4 The User is forbidden from distributing, using, or deliberately obtaining any information that grants access to another User’s Account in the Game and also from distributing links to third-party resources that contain such information. The User is forbidden from using or attempting to use another User’s Account, to log into the Account registered by another User.
2.5 The Company reserves the right to prescribe that the User c. Breaching of the prohibition on multi-accounts and/or the prohibition on data exchange may lead to the deletion of all Accounts of that User.
3. IN-GAME ASSETS AND IN-GAME CURRENCY
3.1 The User is forbidden from performing or encouraging the following actions in the Game with any In-Game Asset and/or the In-Game Currency: selling, purchasing, or exchanging for non-game valuables, including cash and other means of payment, items, services, and obligations. The User is forbidden from selling, purchasing, or exchanging the In-Games Assets and/or the In-Game Currency, as well as from distributing information regarding the intent to perform the above-mentioned actions by the User himself/herself or by any third party. Should it be provided by the functionality of other services of the Company, the Users may be allowed to exchange the In-Game Assets with each other, inter alia, for In-Game currency. In no event, the Company endorses and/or facilitates the exchange of the In-Game Currency and/or the In-Game Assets for cash or other valuables, any such exchange thereof shall be deemed as a breach of this Rules.
4. PAYMENTS
4.1 The User is forbidden from using any credit forms of payment without the timely compensation/refund of the credit part and/or take other activities with the intent to hide the fact of use or benefit without timely compensation/refund of performed payments, as well as any attempt to commit the indicated actions or use the In-Game Assets, or the In-Game Currency obtained by other Users as the result of violation of the Game Rules and the EULA. In the case of such violation, the Company shall, at its own discretion, expropriate such In-Game Currency, In-Game Assets, and/or equivalent in In-Game Currency from the User’s Account, restricting features and access to the Account or the Game.
4.2 The User is forbidden from performing payments, both by means of having liquidity of temporary limitation, and by methods with no possible legal verification of transactions. Payments, of which the User cannot provide verification of the legal possession of payment funds and their security with actual funds, may constitute grounds for restricting features and access to the User’s Account or the Game.
5. CHEATING
5.1 The User is forbidden from creating and/or using bots in the Game (third-party software that makes it possible to automatically control characters/the Game), from using other software, technical and/or other means, capable of altering the game process uncovered by the Game script, from simulating the actions of Users in the Game.
5.2 The User is forbidden from performing any actions that impede or prevent other Users from accessing the Game or the Company from fulfilling its obligations. It is forbidden to create obstacles for other Users in the Game that are not covered by the game process and to perform any actions that interfere or disrupt the Game, servers, or networks connected to the Game, or disobey any requirements, procedures, policies, or regulations of networks connected to the Game.
5.3 The User is forbidden to directly or indirectly disable or otherwise impede the work of programs for detecting and preventing the use of software or hardware resources of third parties, giving the User an unintended advantage in the Game.
5.4 The User is forbidden from using and distributing information, calling for the use of, or publicly propagating any errors, both in - Game and of any supporting software. In the event that the User detected such errors in the Game, he/she shall reject from using such error the Game and report these errors to the Company through Company’s Support immediately from the moment such errors detecting, describing true to fact and in detail all circumstances of such detection and use. In the case any User’s doubts whether such functioning of any separate game process, the In-Game Assets, or the In-Game Currency at the moment is normal or has abnormalities, deviation, or errors, the User shall stop using such process, the In-Game Assets, or the In-Game Currency and ask the Company through Company’s Support for clarification.
5.6 The User is forbidden to decompile, decode, and reverse engineer data, to bypass data security systems, to crack or attempt to crack the software components of the Game or its services, and/or to intercept the data going to or from the server. The following is forbidden: (inter alia) any modification, change, decompilation, decoding, sale, or distribution of modified materials of the Game as a whole or in parts (or the means and materials required for performing such actions), using programming errors, making changes in the program code, and obtaining unauthorized access to the server and database of the Game. In certain specific cases, the Company has the right to immediately suspend the User’s access to the Game and to request appropriate authorities to prevent any breach of EULA and/or applicable law provisions.
6. UNACCEPTABLE CONTENT
6.1 The COMPANY reserves the right to provide its own linguistic evaluation of the compliance of any phrases and words with these Game Rules. In the case of multiple meanings of exact phrases or words, and to avoid controversial situations, it is necessary to send a preliminary request to the Company through Company’s Support to receive an official response as to the appropriateness of their use.
6.2 The User is forbidden from spreading rumours, slandering, or defamatory information regarding the Company, other Users, the Company’s affiliates, and the Game in general.
6.3 The User is forbidden from using any words and symbols that are profane, offensive, provoking, promotional, or not applicable to the Game in any form within the names or descriptions of characters, In-Game Assets, guilds, and any other communities of gamers.
6.4 The User is forbidden from using profane or offensive words within the game process, common channels, and services of communication, informing several Users simultaneously, forbidden from threatening violence or physical altercation, promoting drugs, pornographic materials, or third-party resources that contain such materials that are publicly available, and forbidden from spreading propaganda of racial, national, religious, cultural, ideological, gender, language, or political intolerance within all channels and types of messages, with no exceptions, as well as from encouraging such actions and expressions from other Users.
6.5 The User is forbidden from forming a part of, participating in, establishing, or otherwise supporting any community of gamers, whose ideology implies rejection of religious, national, or gender status (or has a similar ideology of such trends), or refers to a nationalist, racial, or misogynistic philosophy.
6.6 The User is forbidden from publishing information (links, tags, microblogs, descriptions of methods, etc.) or uploading files containing malware (viruses, Trojans, etc.), corrupted, or modified files or data, or other similar software causing damages to the Game, and from disrupting operation of other computers, and the means of communication or integrity of other Users’ Accounts.
6.7 The User is forbidden from sending spam (informational links and announcements not related to the game process), “floods” (multiple repeat, reproductions, copying, etc. of information) in any form of the Game’s informational services (In-Game Chat, private messages, in-game letters, advertisement boards, etc.), as well as from using the Game and/or game services for the purposes of organizing illegal or non-game activity.
6.8 The User is forbidden from performing any promotional announcements in any form, including reproduction of any links to Internet pages within the Game without the preliminary approval of the Company.
6.9 The User is forbidden from using any informational services of the Game to distribute information regarding political parties, public and religious organizations and movements, as well as from regarding their promotions, actions, demonstrations, etc., and from calling for participation in them or bringing similar activities in either form into the Game that deliberately provoke disputes and conflicts between other Users.
6.10 The User is forbidden from acting within the Game communication methods (In-Game Chat, mail, notifications) in a manner that may mislead other Users that the User, registered under such a name, is a representative of the Company or otherwise has a direct or indirect relation to it, or has any rights of administration of the Game
7. USER INTERACTIONS
7.1 The User shall respect the rights of other Users – participants of the Game, and shall by no means create situations, where other Users’ rights in the Game may be violated and/or restricted. The Company reserves the right to provide its own legal evaluation of the actions and the compliance of the situation with this clause.
7.2 The User is solely responsible for interactions with other Users of the Game. The Company reserves the right, but has no obligation, to become involved in any way with these disputes. The User shall fully cooperate with the Company to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting the Company access to any password-protected portions of User’s Account.
OTHER TERMS
8.1 The User is forbidden from using any data mining, robots, or similar data gathering or extraction methods.
8.2 The User is forbidden from offering arguments such as “in conformity with the role”/“role-play” in defence of illegal actions of any kind.
8.3 The User is forbidden from deliberately submitting false information in the case of contacting the Company through Company’s Support and is also forbidden from falsifying data that they submit.