MISTPLAY TERMS OF USE
Welcome to Mistplay. These terms of use (“Agreement” or these “Terms”) govern your access and use of products and services offered by Mistplay, Inc. (“Mistplay,” “we,” “us” or “our”) including websites, mobile applications, progressive web applications, content, features, digital events, referral programs, promotions or products we create or operate (the “Services”). The Services governed by these Terms do not include LoyaltyHub services. If you are a resident of Canada, the European Union, United Kingdom, or the Republic of Korea, additional terms may apply to you as set forth in the applicable Local Addendum to these Terms. Where a specific Local Addendum applies to you, the terms of the Local Addendum shall control to the extent it is in conflict with or different from the general Terms of Use.
The terms “personal data” and “personal information” generally mean any information that directly or indirectly identifies you, which is any individual user (the “User” or “you”) that uses or accesses the Services. By entering into and accepting these Terms, you acknowledge that your personal information will be used in accordance with the Global Mistplay User Privacy Notice (“Privacy Notice”) and that you will abide by the Community Guidelines. If you do not agree to these Terms and related disclosures, you will not access the Services.
Mistplay rewards you for playing games and more!
1.1. This Agreement will remain in full force and effect while you use the Services and/or have a Mistplay account (the “Term”), unless terminated as described below.
1.2. To access the Services, you have to sign up and create an account. To create an account with Mistplay, you must provide a valid email address, mobile phone number, or login details you make available through a third party (e.g., Google, Facebook, LINE), and you must agree to these Terms and acknowledge the Privacy Notice.
Eligibility for an account and to use our Services is subject to the following representations and warranties that you make: i) all information you submit to Mistplay is truthful and will remain accurate and complete, ii) you have the legal capacity to agree to these Terms, iii) you are at least 18 years old, iv) you are a human (as oppose to bots and/or AI) and not accessing the Services to engage in fraudulent activity; and v) the Services are available (to the best of your knowledge) in your country or your use of them does not violate any applicable law or regulation.
1.3. These Terms will remain available in Mistplay’s website and applications. Upon accepting the Terms, you will be able to download or print a copy of them.
2.1. Mistplay offers Units that can be redeemed for rewards when users discover, test, play, and engage with games Mistplay recommends in its Services. We are constantly changing and improving our Services and may at any time add or remove functionalities or features of the Service. New features added to the Services will become subject to these Terms.
2.2. We do not guarantee that all Services will be available at all times, in all locations, to all users, due to technical, regulatory and other restrictions. Content and features within the Service may vary by User and location.
2.3. You may not use any technology or technique, such as a VPN service, to obscure or disguise your location. We may use technologies to secure our platform, prevent fraudulent activity, verify your geographic location, restrict access to the Services from other locations, and otherwise enforce these Terms and our Community Guidelines.
2.4. You may not use Mistplay’s Services if you: i) are located in a country that is subject to embargo by the U.S. or other similar authority (“Sanctioned Country”), or ii) are subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury or the Consolidated Canadian Autonomous Sanctions List), the European Union or its Member States or other applicable government authority. Any violation of this section may result in loss of features, up to and including termination of User’s account and forfeiture of all accumulated Units. User will indemnify Mistplay for any costs, fines or damages incurred by Mistplay due to User's failure to comply with this paragraph.
2.5. Mistplay is not liable for any delay or failure to perform under this Agreement resulting from causes genuinely beyond Mistplay’s reasonable control, such as acts of God, war, government mandates, pandemics, failure of transportation, or communication.
2.6. To the extent allowed by applicable law, Mistplay reserves the right to withdraw, update, or amend the Services in Mistplay’s sole discretion without notice. Mistplay will not be liable in the event that, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, Mistplay may restrict or terminate access to all or any part of the Services to you or any other Users. Content on the Services may be out of date at any given time, and Mistplay is under no obligation to update any such content.
3.1. We reserve the right to update and change this Agreement at any time. You can always review the last updated version of the Agreement at https://www.mistplay.com/terms-of-use. Where required by applicable laws, if we materially change this Agreement, we will provide you with reasonable advance notice and the opportunity to review the changes, except: i) when we launch a new product or feature, or ii) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. All changes are effective immediately when Mistplay posts them and apply to all access to and usage of the Services thereafter. While your continued use of our Services means that you agree with such changes, we may from time to time ask you to affirmatively accept updates to this Agreement. If you do not agree to new terms, please stop using the Services, close your account, and delete the Mistplay mobile app from your device.
4.1. Unless you have express authorization from Mistplay, you may not: i) copy, modify or distribute any part of the Services, ii) reverse engineer or attempt to reconstruct or discover any source code or other data, except your own personal account information, from the Services, iii) use unauthorized modified versions of the Services, including without limitation, for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Services, or iv) remove any product identification, copyright or other notices from the Services.
4.2. In providing Services, Mistplay may promote and advertise games developed by Game Partners (“Games”). We do not control or take responsibility for the Games, their operation, or the content and features provided through them.
4.3. The privacy practices and terms of use that govern your use of and access to the Games are solely between you and the applicable publisher of such game, the Game Partners. It is your responsibility to read and comply with all terms and policies set by the Game Partners.
4.4. Our links to and promotions of Games do not indicate any approval or endorsement by Mistplay of any content or material contained within the Games. We disclaim all liability for your use and play of the Games, and for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages arising from any use of the Games. These limitations shall apply even if Mistplay has been advised of the possibility of such damages.
4.5. All modifications, extensions, scripts and other derivative works of the Services provided or developed by Mistplay are owned exclusively by Mistplay or its licensors. If you provide us with any suggestions, creative ideas, improvements, comments and ideas or other feedback related to the Services or the Games promoted within the Services (collectively, “Feedback”), we will be entitled to use that Feedback without restriction. You acknowledge that the incentives, rewards, or Units that Mistplay provides for your Feedback is valuable consideration; and in exchange, you grant Mistplay a royalty-free, non-exclusive, worldwide, license to the Feedback for as long as permitted by applicable legislation, including the right to use, integrate, reproduce, analyze, combine, aggregate, report, distribute, sell, monetize, transform, create derivatives of, and publicly display such Feedback and its derivatives without obligation of further compensation or attribution to you. You agree that we are under no obligation of confidentiality or to credit you with respect to Feedback you provide, even if you state such restrictions in your submission. You have no obligation to provide Feedback.
4.6. The Services include community features, such as refer-to-a-friend or leaderboards, which may change from time to time. In your use of the Services, you declare and warrant to comply with Community Guidelines with respect to any content, username, or information you provide into the Services. Mistplay reserves the right to remove and disable any content or username that we deem to be illegal, profane, obscene, offensive, or in violation of the Community Guidelines.
5.1. Mistplay Users earn Units and Gems in exchange for certain activities such as playing games opened through Mistplay, reaching gameplay progression milestones, completing tasks (e.g., surveys, tutorials or inviting a friend), making in-game purchases, and participating in virtual events. A certain number of Units may be made available to you to collect when you access the Services for the first time and later through certain features, events, or promotions inside the Services. In the Shop page within the Services, Gems can be exchanged for Units, and Units can be redeemed for Rewards. Your ability to accumulate Units or Gems may be dependent on Mistplay’s ability to receive Gameplay Data from Game Partners and track your gameplay time through permissions in your device settings.
5.2. You may be able to earn Gems for making in-game purchases in certain eligible Games (“Loyalty Games”). You may find a list of then-currently eligible Loyalty Games within the Mistplay mobile app. Technical and other limits may apply, which will be notified to you when there is an opportunity to earn Gems. If the Game Partner stops providing Gameplay Data to Mistplay for a particular Loyalty Game, Mistplay will not be able to credit you with Gems for your in-game purchase in such game. For each Loyalty Game there may be a set maximum number of Gems that each user may earn. Also, there is a technical delay between the time you make in-game purchases and the time Game Partner sends Gameplay Data to Mistplay. This delay means it may take several days for Gems to remain in a “pending” status and then show up in your Mistplay account. If Gems do not appear in your account after 14 days, please contact us at https://support.mistplay.com.
5.3. The amount of Units and Gems earned for actions with the Services and in games discovered through Mistplay varies and is not the same for all Mistplay Users. Different Users might receive different amounts of Units or Gems as detailed in the Economy Disclosure, even for identical actions or interactions. We may use artificial intelligence and machine learning tools to analyze behavior, tailor the game recommendations and Rewards Program for Users, detect fraudulent or unusual activity, and set rates or multipliers at which Units accumulate based on factors such as loyalty tier status (which offers enhanced earning opportunities and rewards based on Users meeting criteria for certain tiers). Game availability and recommendations may vary for each User based on account sign-up information and preferences, games and game categories selected for play or interactions with the Services, in-game purchase activity, games you have already installed on your device, and other criteria as described in the Privacy Notice.
5.4. Users can redeem Units for different rewards Mistplay makes available in the Shop page within the Services for each User. The Shop and the rewards therein may vary depending on Users’ region and other criteria. The rewards may include gift cards, gift certificates, prepaid cash cards, content codes, game currency, coupons, or other special offers (collectively “Rewards”). The representative value of Units will be applied against the pre-tax purchase amount (i.e., excluding taxes, fees, and shipping and handling charges) for each Reward. You are responsible for all federal, state, and local taxes and any other costs of accepting and using the Reward.
5.5. The specific requirements to earn Units and Gems may be viewed within the Services or where we present an opportunity for you to earn them. Restrictions apply to earning Units and Gems including: i) your ability to participate the Rewards Program itself, ii) the allowable frequency of tasks or activities within a certain time frame in relation to a promotional event (e.g., once per user, once per month, etc.), iii) the number of Units or Gems you can earn for a given activity, iv) the activities, tasks, or promotional offers available to you, v) the number of Units required for redemption of particular Rewards or vi) the number of Units or Gems you can earn for game play or in-app purchases during a given time frame, which is subject to Mistplay’s receipt of Gameplay Data from Game Partners(e.g. in-game purchases made by you). Information on earning Units, Gems, and related parameters will be available in the Economy Disclosure, in the FAQs or official rules to new features or promotional events (i.e., leaderboard tournaments, sweepstakes rules, etc.), and communicated in the promotional campaigns.
5.6. Units cannot be redeemed for cash or in any way resold, exchanged or returned for a cash refund, unless such redemption rights are required by law. Units are promotional and have no cash, monetary or other value. While we may use terms like "buy", "purchase", "earn", "cashback" or "currency" to reference Units, we do so only for convenience and such terms in no way indicate that Mistplay is offering real-world fiat currency. You may redeem Units for gift cards or other Rewards having an aggregate value of no more than $550 USD (or local currency equivalent) per calendar year. We may limit the amount of Units you can receive to comply with our legal or business obligations, and Units may be time-limited or can expire. To the extent permissible by applicable laws, if you do not earn any units within a 180 day period, your Units will expire and will not be available to redeem for Rewards. We provide up to thirty days notice of Units expiration in an account that is not terminated, if notice is required under laws that apply to you.
5.7. To redeem your Units for Rewards, you will have to visit the Shop page within the Services to see your available Units and select from the catalog of those Rewards available to you. While you may earn loyalty rewards from Mistplay for your gameplay and in-game purchases, Mistplay is not a party to any legal transactions or financial transactions carried out between you and a Game Partner or any other Third Parties.
5.8. We are not responsible for any improper fulfillment of an obligation by the Game Partner or any Third Parties, including gift card merchants. If you encounter problems with the games, including game content, in-game advertisements, in-game purchases, or your communications and transactions within the game, you should contact the Game Partner directly to resolve those concerns. You understand that we are not liable for the activity of the Game Partners or the merchants of gift cards. Mistplay is not affiliated with or endorsed by any Third Party provider of Rewards, such as merchants and brands displayed on the gift cards. Mistplay is not responsible for any lost, stolen or malfunctioning Rewards except to the extent caused by gross negligence or willful misconduct of Mistplay. For instance, you may be required to use the gift cards within a particular time period, and there may be limitations to their use or redemption. You should carefully read any terms and policies that may apply to the Rewards (including gift cards), as they are separate from this Agreement and also separate from your relationship with Mistplay.
5.9. Units earned through the Services are not valid for any other program and may not be used in combination with any other program offered by Third Parties. Also, Units earned within the Android application cannot be combined with other Mistplay service offerings, such as Mistplay’s progressive web application, IOS applications, or the Mistplay powered LoyaltyHub services. Units are non-transferable between accounts.
5.10. We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program or the Services at any time and to run tests or experiments to evaluate the effectiveness of different reward structures, incentives, and other features available through our Services. This testing may include varying the type, frequency, and value of Units, promotions, and Rewards offered. Mistplay may post additional rules that apply to your participation in the Rewards Program and how to earn Units and Gems when using our Services.
6.1. We may, in our sole discretion, run certain sweepstakes, referral programs, and other promotional activities (together “Promotions”) for Users from time to time. Such Promotions may offer bonus Units or incentives for certain User actions, such as but not limited to daily tasks, sweepstakes, and limited time offers related to in-game spend, discovery of new games, or reaching certain milestones in playing games, leaderboard tournaments, sweepstakes, and referrals program.
6.2. Certain Promotions (e.g. leaderboard tournaments or sweepstakes) are available only in jurisdictions where applicable laws permit them. Units earned through Promotions will be applied to your account after meeting specific requirements set out in the terms and conditions that apply to each Promotion (“Promotion Terms”) which will apply in addition to these Terms. The specific number of Units or other digital items available from a Promotion will be provided in applicable Promotion Terms. When you participate in a Promotion, it is your responsibility to read and comply with the Promotion Terms. For example, Promotion Terms for (i) leaderboard tournaments will display relevant information related to the conditions and awarding of prizes, and (ii) sweepstakes offering will explain such offering is subject to acceptance of the Official Rules posted for the applicable sweepstakes.
6.3. Referral programs are another type of Promotion that may be offered by Mistplay in varying locations. Users who opt in to the referrals program may receive a unique referral link that can be shared with invitees to sign up to Mistplay. The user is responsible for obtaining the necessary legal authorisation to share the referral link with invitees. Once an invitee successfully creates an account with Mistplay and reaches a certain required gameplay progress, the referring User be rewarded with bonus Units in accordance with the program description. Mistplay may feature the referred Users’ usernames and gameplay or earnings-related progression information within a referring User’s referrals leaderboard. If you signed to Mistplay through a referrals link and do not wish for your username or progression information to be displayed on the referring User’s leaderboard as part of the Mistplay referrals program, you may be given the opportunity to opt out or otherwise contact Mistplay at https://support.mistplay.com to do so. By opting out of the referrals leaderboard program, you may lose or be deducted the bonus Units that you received from your sign up through the referrals link.
7.1. User acknowledges that Mistplay collects, stores and uses personal information and data in the context of the Services as a data controller. Please refer to our Privacy Notice for more information. Further, User hereby authorizes the access by Mistplay to other Apps on the User’s mobile device, in order to prevent fraud, launch certain games from the Services, and to provide better game recommendations.
7.2. User acknowledges that Mistplay uses cookies and similar technologies. Please refer to our Cookie Notice for more information.
7.3. To prevent fraudulent account registration and Rewards redemption, we may require Users to share exact geolocation with us and/or provide access to a video-selfie or mobile device phone number for verification. Users who do not provide information required for verification may be unable to register for Mistplay’s Services and/or redeem Rewards.
8.1. You are required to comply with applicable laws at all times when using the Services. In particular, the following restrictions apply to your use of the Services. You are not allowed to:
Create multiple accounts, unless Mistplay makes an exception for certain parts of the Services.
Transfer or sell a User account to third parties.
Allow your account to be used on behalf of any third party, including someone not eligible to use the Services as defined above.
Allow any other person to access your account.
Access your account for any purpose other than personal use and not for any business or commercial purpose.
Use a virtual private network (“VPN”), proxy or any other means to obscure the true source of traffic or your location when using the Services.
Make use of any means to circumvent the proper functioning of the Services, including but not limited to the following: i) any electronic means such as an internet bot or web robot (“Bot”) to generate automated views, clicks or conversions, ii) software, that allows a user to falsify data relating to their phone’s input, or that allows the user to appear to be using their phone when in reality they have left it idle (e.g., autoclicker and autoscrolling programs), iii) an emulator of any kind to access the Services, regardless of the platform on which the emulator is being used, iv) software that can be used to modify games, or software that can unlock in-game content for free that would otherwise need to be purchased, v) any means to distribute harmful or malicious computer code (e.g. viruses) via or into the Services; vi) an account with a rooted device or any device for which the user has been granted root access or privileged control (rooted devices are not supported devices and may at any time be blocked from us).
Use disposable email addresses that automatically forward messages to an alternate address, or that can automatically visit and open verification links that are sent to them.
Access the Services through software and services developed and offered by Mistplay, whether in the Google Play Store, App Store, on the web, or software Mistplay develops for applications provided by third parties.
Use any element of the Services in a Sanctioned Country.
Select a username, persona or bio that is used by, or impersonates, someone else or that Mistplay reasonably determines is vulgar or offensive or violates someone else’s rights.
Engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Services.
Engage in fraudulent or synthetic gameplay or intentionally make ingenuine in-game purchases.
Use the Services in any way that violates Community Guidelines or that is contrary to applicable local, state/provincial, federal and foreign laws, including without limitation those relating to privacy, electronic communications and anti-spam legislation.
Use the Services if you are not at least 18 years old.
8.2. Any account, device or User that appears to operate in violation of Section 8 (Rules of Conduct) is in material breach of this Agreement and may be suspected of, and reported to the authorities for, fraudulent activity. If we reasonably believe that any User activities, game play, or Units gained are the result of fraud, illegality or violation of these Terms, including the Rules of Conduct in this Section, we will investigate and take action, including but not limited to removing any Units, suspending access to Units, Rewards, or an account, or permanently blocking an account or device, with notice where required by law. We will consider in good faith any information from the User to show that the account has been used without fraud and in accordance with these Terms. If you have questions about Mistplay’s assessment of your account’s compliance with the Rules of Conduct, contact us at https://support.mistplay.com.
9.1. You may stop using the Services at any time, for any reason, by uninstalling the Mistplay mobile application or discontinuing your use of any web-based Mistplay products or the Services.
9.2. Mistplay reserves the right to temporarily suspend or permanently terminate this Agreement and your account if: i) we are required to do so to comply with a legal requirement (e.g. U.S. sanctions laws) or a court order, ii) we believe with reason that there has been conduct that creates (or could create) liability or harm to Mistplay or its affiliates, any User or third party, iii) you materially or repeatedly breach terms of this Agreement (e.g. breach of Section 8); or iv) we wind down or cease making the Services available. If we cease providing the Services, we will notify you by email, and if practicable, we will provide you at least thirty (30) days notice to make a redemption request (subject to any minimum redemption amount for a gift card). If you do not make a redemption request within such thirty (30) day period, your entire Units and Gems balance will expire. If you cancel or inactivate your account, any then currently existing Units and Gems will automatically expire upon cancellation or inactivation. It is your responsibility to make a redemption request (subject to any minimum redemption amount of points balance requirement described above) before cancellation or inactivation.
9.3. In addition, we reserve the right to, with or without notice, terminate any account which has been inactive for a consecutive period of eighteen (18) months. An account is deemed inactive when: i) no Units have been earned or redeemed and ii) there has been no access or attempt to access the Services (together “Inactive Accounts”). If the Inactive Account contains any Units or Rewards, they will be considered void subject to notice, only if required by local law.
9.4. After your account is terminated, you will not be able to access the Services and may not participate in any of the Services again without Mistplay’s express permission. Any Gameplay Data, virtual items, accumulated Units or balances may no longer be available to you. Termination of this Agreement by Mistplay will not limit nor restrict Mistplay from pursuing any other remedies available to it, including seeking damages or injunctive relief. You acknowledge that you will not receive money or any other form of compensation for unused Units when your account is closed.
10.1. The Services contain copyrighted material, trademarks, materials protected by authors rights and other proprietary information. All of the elements comprising the Services (inter alia, texts, images, domain name, trademarks, logos, audio and video files, software, photos, technology, graphic design, etc.) are protected by intellectual and industrial property law. The entire contents of the Services are protected as a collective work and database under copyright and database laws.
10.2. Mistplay owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part.
10.3. Except if expressly permitted by applicable law, no copying, reproduction, modification, public communication, assignment, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Mistplay and the copyright owner (if different from Mistplay). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark notice or copyright notice shall be made.
11.1. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND DEFECTS, WHETHER KNOWN OR UNKNOWN, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MISTPLAY (ON ITS OWN BEHALF AND ON BEHALF OF EACH OF ITS AFFILIATES) EXPRESSLY DISCLAIMS (AND YOU HEREBY WAIVE) ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT, (B) REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE ACCURACY, COMPLETENESS, AVAILABILITY, TIMELINESS, USEFULNESS, OR RELIABILITY OF THE SERVICE (INCLUDING ANY CONTENT THEREON), AND (C) REPRESENTATIONS AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING ANY OF THE FOREGOING, MISTPLAY MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, ACHIEVE ANY RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEM, OR SERVICE, OR ARE UNINTERRUPTED, ACCURATE, FREE OF CONTENT ERRORS, VIRUSES, UNAUTHORIZED ACCESS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, SOFTWARE, DATA OR NETWORKS. MISTPLAY WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY VIRUS, HARMFUL CODE, UNAUTHORIZED ACCESS, OR THIRD-PARTY MATERIAL (INCLUDING GAMES). You are responsible for implementing sufficient procedures and controls to satisfy your particular security requirements.
11.2. EXCEPT AS REQUIRED BY LAW, IN NO EVENT WILL MISTPLAY, ANY OF ITS AFFILIATES, OR ANY OF THE RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING BE RESPONSIBLE OR LIABLE FOR ANY KIND OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ACCESS REWARDS, OR ANY THIRD PARTY SERVICES. DAMAGES UNDER THIS LIMITATION OF LIABILITY INCLUDE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY (INCLUDING DEATH OR EPILEPTIC SEIZURE TRIGGERED BY AN ADVERTISEMENT OF OUR SERVICES), PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR AN ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. USER FURTHER AGREES THAT MISTPLAY, ANY OF ITS AFFILIATES, OR ANY OF THE RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING SHALL NOT BE LIABLE TO USER NOR TO ANY THIRD PARTY FOR ANY TERMINATION OF USER ACCESS TO THE SERVICES OR DELETION OF USER DATA. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING CONSUMER PROTECTION LAW). UNDER NO CIRCUMSTANCE SHALL MISTPLAY’S MAXIMUM LIABILITY IN CONNECTION WITH THESE TERMS IN THE AGGREGATE EXCEED THE GREATER OF: (A) THE AMOUNT ACTUALLY PAID BY YOU SPECIFICALLY FOR THE SERVICES; AND (B) $100.00. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY AND, SOLELY TO THE EXTENT NOT SO ALLOWED, SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. You acknowledge and agree that the above exclusions and limitations of liability are reasonable in accordance with each of your and Mistplay’s obligations and level of risk under these Terms. The limitation of liability does not apply to liability resulting from our gross negligence or willful misconduct.
11.3. You access the Services on your own initiative and are responsible for compliance with all local laws that apply to you. If you violate or breach any term within this Agreement or if you face a claim that your actions or content violated the rights of a third party, you agree to defend, indemnify, and hold harmless Mistplay, its affiliates, and the respective licensors, service providers, suppliers, officers, directors, employees, contractors, agents, successors, and assigns of each of the foregoing, as permitted by law, from and against any and all claims, liabilities, judgments, awards, losses, costs and damages, including reasonable attorney fees arising out of or relating to: (a) your access to or use of the Services; (b) your breach of these Terms; or (c) any unauthorized access to or use of your account on the Services.
11.4. This Section 11 limitations of liability on Mistplay’s part apply also to Mistplay’s affiliates, officers, directors, employees and agents. The terms in this Section 11 shall apply to the fullest extent permissible under local laws.
12.1. These Terms shall be governed by and construed in accordance with the laws applicable in New York, New York, USA, without regard to its conflict of laws principles. For disputes not subject to Section 13 (Dispute Resolution by Binding Arbitration), any actions or claims brought under this Agreement shall be brought before the competent state or federal courts located in New York, New York, USA.
12.2. If you are a resident of any European Union country or the United Kingdom, Canada, or the Republic of Korea, please refer to the relevant Addendum. If you are a resident of Japan, any actions or claims brought under this Agreement can be brought before the competent courts located in Tokyo, Japan. For users in Japan, this Agreement shall be governed by and construed in accordance with the laws of Japan, and any dispute arising from this Agreement shall be submitted to the competent court in Tokyo, Japan.
12.3. Unless required otherwise under applicable law, the English-language version of this Agreement controls when interpreting this Agreement.
These provisions under Section 13 apply to you if you are domiciled in and/or acquired and use the Services in the U.S.A.
13.1. BY ACCEPTING THE TERMS YOU AND MISTPLAY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE ANY AND ALL CONTROVERSIES, CLAIMS, AND DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR THE INTERPRETATION, PERFORMANCE, OR BREACH HEREOF, INCLUDING ALLEGED VIOLATIONS OF ANY STATE OR FEDERAL STATUTORY OR COMMON LAW RIGHT OR DUTY AND THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
13.2. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM YOUR USE OF THE SITE AND THESE TERMS OF USE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
13.3. The arbitration will be by a single arbitrator administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
13.4. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will have discretion to include the payment of your or our arbitration costs and legal fees in any award.
13.5. You may elect to pursue your claim in small claims court rather than arbitration if you provide us with written notice (via first class mail to the address set forth below) of your intention to do so within sixty (60) days after your registration for our Service. The arbitration or small claims court proceeding will be limited solely to your individual dispute or controversy.
13.6. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR MISTPLAY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
13.7. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS AND SHALL BE DEEMED PERMANENTLY BARRED.
13.8. Notwithstanding anything to the contrary, in addition to any and all remedies available at law, Mistplay shall be entitled to seek an injunction or other equitable remedies in all legal proceedings in the event of any threatened or actual violation by you of any of these Terms.
13.9 These binding arbitration provisions shall not apply to the extent prohibited by applicable law, and if any provision of this Section is found unenforceable in any final, non-appealable decision by a court of competent jurisdiction, the unenforceable provisions will be severed and the remaining arbitration terms will be enforced, and any portion of any claims or actions which may be resolved by arbitration shall be so resolved, subject to all enforceable provisions of this Section.
14.1. When you access or use the Services, provide your e-mail address to one of our representatives, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
14.2 If one or more of the provisions of this Agreement is held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality, and enforceability of the remaining provisions of this Agreement shall be unaffected.
14.3. Any failure to require or enforce your performance of any specific term of this Agreement or the non-exercise of any right under this Agreement shall not be considered a waiver of the right to rely on that provision of the Agreement in any other instance.
14.4. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written, electronic, or oral communications, representations, agreements, or understandings between the parties with respect thereto. The headings in this Agreement have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof.
14.5. You may contact Mistplay here or support@mistplay.com in case you identify any data entry error or would like to withdraw your consent to these Terms. In such case, Mistplay may request information to confirm your account status before closing and deleting your account.
14.6. In the event this Agreement is terminated, all terms that that by their nature are intended to survive termination of this Agreement shall survive, including but not limited to terms related to intellectual property, warranty disclaimer, limitation of liability, and indemnity, governing law and jurisdiction, and dispute resolution by binding arbitration.
If you are a resident of Europe or United Kingdom, Canada, or the Republic of Korea, terms in the Local Law Addendum of the location where you reside shall also apply. In the case the applicable Local Law Addendum conflicts with the general Terms, the terms of the Local Law Addendum shall control.
1.1. Mistplay may make changes to this Agreement from time to time, taking into account your interests. If Mistplay makes any changes to this Agreement that are material, to the extent required by applicable law, Mistplay will provide you with advance notice of such changes, such as by sending an email or providing a notice through our Services at least 30 days before the date they become effective. By continuing to access and use the Mistplay Services on or after the effective date of the revised Terms, you agree to be bound by the revised Agreement. Mistplay will draw your special attention to this consequence in its notice. Should you not agree to the revised Agreement, you must stop accessing and using Mistplay’s Services before the changes become effective.
1.2. Mistplay may change, suspend, or cancel all or a portion of the Rewards Program and run tests or experiments to evaluate the effectiveness of different reward structures, incentives and other features available through our Services. This testing may include varying the type, frequency, and value of Units, promotions, and Rewards offered. If Mistplay changes, suspends, or cancel all or a portion of a Rewards Program, Mistplay may provide you with sufficient advance notice as required by applicable laws, such as by sending an email or providing a notice through our Services before the date they become effective so that you may redeem your reward(s); or otherwise, Mistplay may prompt you to redeem your reward(s) upon such change, suspension, or cancellation, subject to any minimum redemption value as set forth by Mistplay.
1.3. Mistplay may post additional rules that apply to your participation in the Rewards Program and concurrently with promotional offerings. Please access the Mistplay application and Economy Disclosure regularly to see the latest updates.
2.1. You expressly agree that Mistplay Services commence with the execution of the Agreement automatically, as a digital service, and that as a consequence you are aware and consent that you lose the right of withdrawal at the beginning of the execution of the Agreement. You have the right to receive a copy or confirmation of the Agreement that states, where applicable, that prior to execution of the Agreement you have expressly agreed that Mistplay Services begin automatically with the execution of the same and the right of withdrawal is not applicable.
2.2. You may stop using the Services at any time, for any reason, by uninstalling the Mistplay mobile application or discontinuing your use of any web-based Mistplay products or the Services. Mistplay may terminate the Agreement with you at any time upon reasonable notice to you.
2.3. Either Party may terminate these Terms at any time upon thirty (30) days prior notice, for convenience or if the other party materially fails to comply with any of its terms and conditions, and such failure is not cured by the end of such thirty (30) day period. If you wish to terminate this Agreement, you must contact Mistplay customer support at Support@Mistplay.com to process your termination and close your Mistplay account. Mistplay reserves the right to suspend your access to the Services upon providing you with notice of noncompliance. A warning and remedial period is not required if if you refuse to comply with your obligations, where Mistplay has overriding interests to secure the Services or prevent harm and offense to others, to maintain safety and prevent fraudulent activity, or where such breach cannot be remediated.
2.4. After your account is terminated, you will no longer be able to access and use the Services. Any Gameplay Data, virtual items, accumulated Units or balances will no longer be available to you, unless applicable laws require otherwise. You acknowledge that you will not receive money or any other form of compensation for unused Units when your account is terminated.
2.5. Mistplay may immediately suspend your account while Mistplay investigates if i) Mistplay is required to do so to comply with a legal requirement or a court order, ii) we believe with good reason that there has been inappropriate conduct that creates (or could create) liability or harm to Mistplay or its affiliates, any User or third party, or iii) you materially or repeatedly breach terms of this Agreement (e.g. retention of Prohibited Tools or breach of Section 8 RULES OF CONDUCT of this Agreement).
2.6. You will be informed of the reason for the termination or temporary suspension of your account and given an opportunity to submit an appeal or complaint through to support@mistplay.com to have Mistplay reconsider its decision.
You have the opportunity to clarify the facts and circumstances underlying such a measure electronically and free of charge by Mistplay customer support. The possibility to lodge a complaint exists for a period of six months following Mistplay’s decision to terminate or suspend the account. Mistplay will inform complainant without undue delay of its reasoned decision in respect of the information to which the complaint and will deal with the complaint as soon as possible, in a non-discriminatory, diligent and non-arbitrary manner.
If you are a resident in an EU country, you may task a body, organization or association that operates on a not-for-profit basis, is properly constituted in accordance with the law of an EU Member State and has a legitimate interest in ensuring compliance with EU Regulation (EU) 2022/2065 according to its statutory objectives, to submit complaints on your behalf.
2.7. Mistplay cooperates with mediators and out-of-court dispute settlement bodies within the scope of its legal obligations in order to settle any disputes (including those under rules above). Whenever mediation or out-of-court dispute settlement is available in a case, Mistplay will inform you about this possibility for the selection of a certified out-of-court settlement body as well as about the respective competent bodies. When mediation or out-of-court dispute settlement proceedings are initiated, Mistplay and you will engage in good faith discussions with the selected body with a view to resolving the dispute. Mistplay may refuse to engage with such out-of-court dispute settlement body if a dispute has already been resolved concerning the same information and the same grounds of alleged illegality or incompatibility of content. The decisions and proposals of the selected body shall not be binding for either party.
2.8. After a prior warning, Mistplay may also suspend for a period of up to 90 days the processing of notices and complaints submitted through the notice and action mechanisms under clause 6 below and internal complaints-handling systems by individuals that frequently submit notices or complaints that are manifestly unfounded (e.g., but not limited, filing 3 unfounded notices within the month regarding the same Game or Game Partner).
3.1. Mistplay shall only be liable to the following extent: i) Mistplay shall be liable in accordance with the statutory provisions of local laws applicable to you,; and ii) in the event of intent or gross negligence, fraud, or fraudulent misrepresentation.
3.2. To the extent required by local laws applicable to you, Mistplay may also be liable for ordinary negligence only for breach of a material obligation arising under this Agreement. “Material” obligations in this sense are obligations which are necessary for the performance of the contract, the breach of which would jeopardize the purpose of the contract and the performance of which you may rely on. In these cases, liability is limited to typical and foreseeable damages; in other cases, there is no liability for ordinary negligence.
3.3. To the extent the liability of Mistplay is excluded or limited, such exclusion or limitation of liability also applies to the employees, legal representatives, and vicarious agents of Mistplay.
3.4 Nothing in this Agreement is intended to restrict the European mandatory provisions on consumer contracts that have as their object the provision of digital content or digital services (digital products) by Mistplay against payment of a price and your legal rights regarding applicable legal guarantees. Other than as set forth herein, the Terms of Section 11 (WARRANTY DISCLAIMER, LIMITATION OF LIABILITY, INDEMNITY) shall apply to the extent permissible under the local laws applicable to you.
4.1. Personalised Game Partners’ content displayed and provided to you through the Services are sorted according to Mistplay’s ranking algorithm. The factors that influence a higher or lower visibility of recommended Games or their ranking are mainly Account Data, Gameplay Data, and Usage Data (as defined in the Privacy Notice).
As relevant for the EU only, Mistplay designates as contact point for the competent authorities of the Member States and recipients of the Services, so that they can communicate quickly and directly with Mistplay, the following: Data Privacy Officer, at Privacy@Mistplay.com. The language in which Users and authorities may address Mistplay for these purposes is English.
6.1. Any User may communicate the existence (in their opinion) of illegal content by contacting here or support@mistplay.com or through available in-app reporting features. When sending a notice informing that, in the opinion of the notifier, a content is illegal, the notifier should:
6.2. Trusted flaggers appointed in accordance with the applicable regulation may submit their notices with priority through support@mistplay.com with verification of their trusted flagger status.
6.3. This mechanism (both the generic and the trusted flagger one) should be used in relation to illegal content, and not in relation to disputes between Users and Game Partners.
6.4. Once Mistplay receives the notice, it will initiate proceedings to conduct an analysis of the possible removal of the information or content in question, as well as action against the individual or entity who has uploaded such content. The foregoing includes the right to refer the claim to the party that provided the allegedly illegal content.
6.5 Mistplay has the right, but not the obligation, to also carry out voluntary checks on its own initiative to identify content in violation of any applicable laws, rights of other parties, this Agreement or other applicable contractual agreements and to take appropriate measures as set out below. Mistplay uses a variety of procedures and tools to review and moderate content. This includes human review, automated review and a combination thereof. We use artificial intelligence and machine learning tools to analyze behavior, tailor the game recommendations and Rewards Program for Users, detect fraudulent or unusual activity, and set rates or multipliers at which Units accumulate based on factors such as loyalty tier status, account sign-up information and preferences, specific games selected for play or interactions with the Services.
6.6. Mistplay may take the following actions if it detects, or is notified of, content violating any applicable laws, rights of other parties or the applicable contractual agreements:
Before taking any other actions, Mistplay will generally issue a warning to the uploading user concerned. When deciding on a suspension of its services, Mistplay also considers the frequency, severity, and impact of a violation, as well as any measures previously imposed. Examples of misuse that may be sanctioned with a suspension include:
If you disagree with Mistplay’s content moderation actions taken in relation to your content and/or your account, or with Mistplay’s decision on your report, you can submit an appeal to support@mistplay.com within six months from receiving Mistplay’s decision. Mistplay will handle appeals in a timely, non-discriminatory, diligent, and objective manner and will reverse its decision if the appeal sufficiently demonstrates that Mistplay’s decision was unjustified, inappropriate or disproportionate.
Mistplay may suspend your access to its reporting and appeal systems if you misuse it, e.g. by submitting multiple unfounded reporting notices or appeals.
You can also contact out-of-court dispute settlement bodies that have been certified in accordance with Art. 21 (3) of the EU Digital Services Act. This includes cases in which appeals have not been resolved by our internal appeal system.
6.7. As relevant for the UK only, Users have the right to bring a claim in breach of contract if:
If a claim or dispute arises out of or in connection with your use of the Mistplay Services, you and Mistplay agree that you may bring your respective claim or dispute that you have against Mistplay, and Mistplay may bring our claim or dispute that Mistplay has against you, in any court located in the country of your principal place of residence, and that the laws of that country will apply.
You acknowledge the existence of the EU Online Dispute Resolution (ODR) to which you can access through this website: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
Mistplay, Inc., with address at 481 Viger Ste, Suite 300, Montreal, registered in Canada, and contact email: support@mistplay.com.
This Addendum only applies to you if you are a resident of Canada. It forms an integral part of the Terms and its provisions take precedence over any other conflicting provision of the Terms.
Applies only to residents of the Province of Quebec and Ontario only. Units will expire if your account is an Inactive Account for 1 year or more. In such a case, we will notify you that the inactivity will result in the expiry of the Units on a date specified in the notice. The notice will be issued at least 30 days, but not more than 60 days before the date on which the Units are set to expire. For Canadian residents outside of the Province of Quebec, Units will expire after your Account is an Inactive Account for a period of 180 days or more.
In addition to what is prescribed in the body of the Terms, if you are a resident of the Province of Québec and we wish to amend material provisions of the Terms without your consent, we will send you a written notice detailing the changes to be made to the Rewards Program. This notice will be sent by email or be provided by notification within the Services no more than 90 days after and at least sixty (60) days before the amendment's effective date. Where required, it will itemize the material change(s). If you object to any amendments to the Terms, you may exchange your existing Units balance for Rewards and close your account. If you continue to receive and engage with the Services after sixty (60) days from your receipt of notice regarding the changes, you are deemed to have accepted the changes to the Terms.
By accessing the Services and agreeing to these Terms, you acknowledge that Mistplay will collect, track, and process your personal information in accordance with its Privacy Notice and Cookie Notice, which may be updated from time to time.
We may provide you the notices referred to in this Addendum through any means of communication for which we have your information, including by email, in-app pop up, or push notifications.
6.1. To the fullest extent permitted by applicable law, these Terms and any dispute or claim you have against Mistplay shall be exclusively governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. In such a case, you agree to submit to the jurisdiction of the courts located in Toronto, Ontario for the resolution of and all claims or disputes you may have against Mistplay.
6.2. Notwithstanding the foregoing, if you are a resident of the Province of Quebec, any disputes or claims you have against Mistplay shall be exclusively governed by the laws of the Province of Quebec and the applicable federal laws of Canada. In such a case, the courts of the Province of Quebec shall have jurisdiction over the resolution of any claims or disputes you may have against Mistplay.
Applicable only if you reside in the Province of Quebec: You acknowledge having been offered the choice to enter into these Terms in English and in French and having expressly requested to enter into these Terms in English only, after being provided with the French version. Therefore, the parties hereby consent to these Terms being drawn up exclusively in English and to have all related documents be drawn up in English only. Vous reconnaissez vous être fait offrir le choix de conclure ce contrat en anglais et en français et avoir expressément demandé de le conclure uniquement en anglais, après avoir reçu la version française. Par conséquent, les parties conviennent que ce contrat soit rédigé exclusivement en anglais et que tous les documents qui s’y rattachent soient uniquement en anglais.
1.1. Mistplay may change these Terms from time to time. If Mistplay makes changes to these Terms, we shall notify you by posting the effective date as well as notify of the changes within the Services. Where such change is disadvantageous to you or material, Mistplay shall make reasonable efforts to notify you of such change at least 30 days prior to the effective date via email, in-app, or by other similar means. If you do not express your intent to refuse to accept the amended Terms, you will be deemed to have given consent. If you do not agree to the changed Terms, either Mistplay or you may terminate this Agreement and close your Mistplay account.
2.1. Where there are material reasons for which Mistplay is not able to maintain this Agreement, such as where you engage in any acts prohibited by this Agreement or our operation policies, we may suspend the use of the Services or terminate this Agreement. You will be notified of these measures and you may appeal the suspension be contacting customer service at Support@Mistplay.com.
2.2. If you do not use Mistplay’s services for 18 consecutive months from the date of your most recent use of the Services, Mistplay may terminate this Agreement. In such case, we shall notify you of the termination no later than 30 days prior to such measures.
3.1. Notwithstanding anything to the contrary in the Terms, Mistplay may be liable to Users in the Republic of South Korea for damages arising out of Mistplay’s intentional or wrongful misconduct in the provision of the Services.
3.2. Notwithstanding Section 3.1 above, Mistplay is not obligated to intervene in any transaction or dispute you have with any other user or person or entity arising out of or in connection with the Services. Mistplay shall not be liable for any damages arising out of any such transaction or dispute.
3.3. Mistplay will not be liable for any damage you suffer in connection with your use of the Services provided free of charge. However, this shall not apply if Mistplay is responsible for any willful misconduct or gross negligence.
3.4. Mistplay is not responsible for the failure to obtain or loss of the expected benefit of your use of the Services.
4.1. For users in South Korea, this Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea. Any litigation arising out of a dispute between Mistplay and a user shall be submitted to the competent court in accordance with the procedures set forth in the applicable laws and regulations.