TERMS OF SERVICE

INTRODUCTION TO WINZO AND CERTAIN DEFINITIONS

1. “Prize Money Pool” means the total amount of pre-specified contribution contributed per Money-Game per round by all Players participating in that round after deducting the Platform Fees. The Prize Money Pool will be passed on to the Winner(s) of the Money Game after the completion of the Money Game as per its terms and conditions. WinZO has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Money Game terms and condition.
2. “Pre-Specified Contribution” means the amount each Player must add to the Prize Money Pool to be allowed to participate in a Money Game.
3. “Free Games” mean Games that do not have a Prize Money Pool and do not require Users to deposit any Pre-Specified Contribution in order to play such Games.
4. “Game” or Games” mean to each skill-based game we offer on our Platform.
5. “Money Games” mean Games for which each Player must deposit the applicable Pre-Specified Contribution, which shall become part of the Prize Money Pool, to be allowed to compete in such Game.
6. “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual. Examples include as a name, an identification number, location information, or an online identifier.
7. “Platform Fees” mean the amount charged by WinZO to all Users as a fees for providing it Platform and related services (collectively, the “Services”) to Users. Platform Fees shall be charged as a percentage of the Pre-Specified Contribution, wherein the percentage would be determined by WinZO, in its sole discretion and may vary for different Users and games.
8. “Players” means Users that compete in any round of any Money Game.
9. “Restricted States” mean States the residents of which cannot play our Money Games, namely Alabama, Arkansas, Arizona, Connecticut, Delaware, Louisiana, South Dakota, Florida, Michigan, Montana, South Carolina, Tennessee for all our Games. For Money Games where playing cards are involved, Maine and Indiana are also Restricted States and for Money Games where dominoes are involved, New Jersey is a Restricted State. This list of Restricted States may change from time to time and you are advised to peruse the Terms from time to time to apprise yourselves of the updated list.
10. “Sensitive Personal Information” means Personal Information that reveals: (i) user’s social security, driver’s license, state identification card, or passport number; (ii) user’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (iii) user’s racial or ethnic origin, religious or philosophical beliefs, or union membership; (iv) contents of a user’s mail, email, and text messages unless we are the intended recipient of the communication; (v) user’s genetic information; (vi) biometric information’ (vii) health related Personal Information collected and analyzed concerning a user’s health; (viii) information concerning a user’s sex life or sexual orientation or (ix) citizenship or immigration related information.
11. “Wallet” means a limited purpose electronic wallet on our Platform associated with the account or profile of each User.
    To clarify, Users are provided with three categories of Wallet sub-sections/Accounts for processing and reconciliation of payments:
    1. ‘Unplayed’ Account,
    2. ‘Winnings’ Account, and
    3. ‘Bonus’ Account.
    Amounts available within these categories of Wallet sub-section/Accounts may not be transferred to another category, or to any third party Wallet/accounts
12. “Winner” means the User of a Game that, in accordance to the rules of the Game, wins the Game and in a Money Game is entitled to the Winnings.
13. “Winnings” mean the total amount of the Prize Money Pool that is added to the Wallet of the Winner of a Money Game.
14. “Withdrawal Processing Fee” means the fees charged by WinZO to facilitate withdrawals from Wallets when requested by Users.

TERRITORIAL RESTRICTION

PRIVACY POLICY

ELIGIBILITY

1. General Eligibility. To be eligible to use our Website, App, or Platform, you must meet the following criteria and represent and warrant that you: (a) are 18 years of age or older; (b) are not currently restricted from accessing our Website, App, or Platform, or not otherwise prohibited from having an account, (c) are not our competitor, or are not using our Website, App, or Platform for reasons that are in competition with us; (d) will only maintain one registered account at any given time; (e) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (f) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and (g) agree to provide at your cost all equipment, browser software, and internet access necessary to use our Website, App, or Platform. ALL USERS MAY ONLY CREATE ONE USER ACCOUNT PER REGISTERED MOBILE NUMBER.
2. Restricted State Related Eligibility. Users are permitted to access the Free Games if they are so made available on WinZO, regardless of their state of residence. USERS CANNOT ACCESS AND PLAY MONEY GAMES IF THEY ARE RESIDENTS OF OR OTHERWISE ACCESSING OUR PLATFORM FROM A RESTRICTED STATE. All Users must ensure their device location settings are enabled to allow WinZO to ensure Restricted State related eligibility.

ACCESS

1. Accessing our Website
   You can access and use our Website
2. Accessing our App:
   Our App can be downloaded via the link (“Download Link”) on our Website for Android Users and through the Apple App Store for iOS Users. Android Users will receive a Download Link on the a ten (10) digit mobile number they provide us with on our website when requesting for the Download Link.
3. Account Creation:
   To use our Services and play any Games on our App, you create an account on our Platform (“Account”). To create an Account, you will have to provide us with an authentic personal mobile number (“Registered Mobile Number”), where you will receive a one-time password (“OTP”) as an SMS/message. Upon authenticating the OTP, you will be prompted to accept our Privacy Policy, Terms of Use, and other related terms or policies. Upon successful authentication and acceptance of our Policies, your Account will be considered as set up.
4. Account Information:
   You can enter further information about yourself, including your name, email address, gender, date of birth, and other Personal Information as identified in our Privacy Policy by selecting “Edit Profile” on your Account related Profile at any time (“Account Information”).
5. Verification: Players to undergo a verification process (“Verification”)
   • KYC Partner
     As explained in our Privacy Policy, we are using a third-party, Jumio (“KYC Partner”) to perform Know Your Customer compliance checks (“KYC”) for our Players. Our KYC Partner’s Privacy Policy is available at https://www.jumio.com/legal-information/privacy-notices/.
   • KYC Verification.
     Our KYC Partner will conduct a document verification and a liveness test for Players. All information collected, processed, or stored by the KYC Partner on behalf of WinZO for Players is referred henceforth as “Verification Information.”
     1. Document Verification. As part of the KYC Document Verification, the KYC Partner may ask you to submit/ upload a picture of your government-issued photo identification document such as a passport or driving license or residence permit or national ID card, etc. (each a “KYC Document”). Please note that the specific requirements for KYC compliance can vary depending on the regulations in the state or jurisdiction where you are residing and our KYC Partner’s discretion is operating.
     2. Liveness Test. As part of the Liveness Test, the KYC Partner will ask the Player to take a live selfie, to verify if the Player is the same natural person to whom the KYC Document at Section5(e)(ii)(1) relates. The KYC Partner will verify the authenticity of the KYC Document and may share the extracted ID Document details, the uploaded KYC Document, your uploaded picture, photo match results and final authenticity results with us.
   • Other Verification.
     Our KYC Partner is also responsible for conducting checks on Players located outside the US to determine compliance with sanctions lists maintained by the Office of Foreign Assets Control (“OFAC”) and other global sanctions lists, and may seek additional information and data from you in this regard.
   • Disclaimer.
     USER UNDERSTANDS AND AGREES THAT WINZO IS NOT RESPONSIBLE OR LIABLE FOR LAPSES IN THE VERIFICATION PROCESS. PLEASE REFER TO OUR KYC PARTNER’S POLICIES TO UNDERSTAND WHAT VERIFICATION INFORMATION IS COLLECTED, HOW THE VERIFICATION INFORMATION IS PROCESSED, STORED, AND DISCLOSED, FOR HOW LONG THE VERIFICATION INFORMATION IS RETAINED, AND YOUR RIGHTS WITH RESPECT TO SUCH VERIFICATION INFORMATION. IT IS EXPRESSLY CLARIFIED AND USER UNDERSTANDS THAT WINZO IS NOT RESPONSIBLE OR LIABLE FOR ANY HANDLING, USE, PROCESSING, STORING, DELETING, OR DISCLOSURE OF SUCH KYC INFORMATION.
   • Sanctions Compliance Procedures.
     While WinZO relies primarily on our KYC Partner’s OFAC and global sanctions screening processes, WinZO also (a) maintains records of transactions and compliance efforts; (b) has an internal compliance program under which international transactions are screened against OFAC lists, and (c) regularly trains employees on OFAC regulations and compliance procedures.
6. Security of your Account Information:
   You agree that all information you provide is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it current. You may not transfer or share your Account Information with anyone. You are responsible for maintaining the confidentiality of your Account Information and for all activities that occur under your Account. You agree to immediately notify us upon becoming aware of any unauthorized use of your Account Information. WinZO reserves the right to take any and all action, as it deems necessary, regarding the security of our Service and your Account Information. Under no circumstances shall WinZO be held liable to you for any liabilities or damages resulting from or arising out of your use of our App, your use of the Account Information, or your release of the Account Information to a third party.
7. Use of Information:
   We collect Personal Information (as per in our Privacy Policy), at the time of Account Creation, Verification or in the course of your use of our Services. This Personal Information is necessary for us to provide our App to you and is stored on our servers to enable us to continue to provide our App to you. Upon your written request made in a form and manner we require, we will provide you with a list of all of the Personal Information that we store on you within thirty (30) days of receiving your request. Also, upon your prior written request made in a form and manner we require, we will delete any such Personal Information as per our Privacy Policy. Notwithstanding, please note that, if you ask us to delete all such Personal Information, we will not be able to continue to provide our Services, Website or App to you. YOU OWN, OR UNDERTAKE THAT YOU ARE AUTHORISED TO USE, ANY INTELLECTUAL PROPERTY IN ANY INFORMATION AND USER DATA YOU PROVIDE, UPLOAD, SHARE, TRANSMIT OR OTHERWISE MAKE AVAILABLE TO OR FROM, OUR SYSTEMS OR USING OUR SERVICES. YOU GRANT US A WORLDWIDE, ROYALTY-FREE LICENCE TO USE, STORE, BACK-UP, COPY, TRANSMIT, DISTRIBUTE, COMMUNICATE, MODIFY AND OTHERWISE MAKE AVAILABLE, SUCH INFORMATION AND USER DATA, SOLELY FOR THE PURPOSES OF ENABLING YOU TO USE OUR SERVICES AND FOR ANY OTHER PURPOSE RELATED TO PROVISION OF THE SERVICES TO YOU AND THEM.

PAYMENT AND USE OF THE WALLET

1. Using the Wallet. Each User may use and maintain a Wallet on our Platform. The Wallet may be used as follows:
   • Deposits.
     Users may add money to their Wallets (“Deposits”) by using our third-party payment processors like PayPal and Checkout via any payment methods accepted by such third-party payment processors. Amounts remitted by Users through designated third-party payment processors are credited to the User’s Unplayed Account. While Users may add money in their respective local currency when interacting with the payment processor, it is hereby clarified that settlements made by payment processors with WinZO would be in United States Dollars. The payment processor shall be responsible for determining the prevailing foreign exchange rate in relation to the Deposits. FURTHER, IT IS EXPRESSLY CLARIFIED THAT NO DEPOSITS MAY BE MADE IN CASH OR CHEQUE.
   • Winnings
     All Winnings for Money Games shall be automatically added to a User’s Wallet and be reflected in the Wallet. Winnings may be credited in any Wallet sub-section/Account (Unplayed Account, Bonus Account, Winnings Account) in any proportion, at WinZO’s sole discretion. Winnings may be withdrawn by Users in accordance with these Terms.
   • Bonuses.
     In order to conduct promotional activities, and at WinZO’s sole discretion, WinZO may gratuitously issue bonus (“Bonus”) to the User for the purpose of participation in any Game(s) and no User will be permitted to transfer or request the transfer of any amount in to the Bonus. The usage of any Bonus will be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such Bonus must be used, as applied by WinZO and as may be notified to the User at the time of issue of such Bonus. The issue of any Bonus to the User is subject to WinZO’s sole discretion and cannot be demanded by any User as a matter of right. The issue of any Bonus by WinZO on any day will not entitle the User to demand the issuance of such amount at any subsequent period in time nor create an expectation of recurring issue of such Bonus by WinZO to such User. The Bonus granted to the User may be used by such User for the purpose of setting off against the contribution to the Prize Money Pool in any Money Game, in accordance with these Terms. BONUS WILL NOT BE WITHDRAW-ABLE OR TRANSFERRABLE TO ANY OTHER ACCOUNT OF THE USER, INCLUDING THE USER'S BANK ACCOUNT, OR OF ANY OTHER USER OR PERSON, OTHER THAN AS PART OF THE WINNINGS OF A USER IN ANY MONEY GAME. All Bonus credited in a User’s account will be valid for a period of 14 days from the date of credit. The Bonus will lapse at the end of 14 days, and not reflect in a User account thereafter.
   • Wallet Amount.
     The amount in the Unplayed account (“Wallet Amount”) may be used by Users as Pre-Specified Contribution to play Money Games or may be Withdrawn as explained below :
     A User is permitted to withdraw any amounts credited into such User's Unplayed Account for any reason whatsoever by making a written request in a form and manner WinZO requires. Users may compulsorily be required to provide valid photo identification and address proof documents for proof of identity and address for WinZO to process the withdrawal request. The name mentioned on the User's photo identification document should correspond with the name if provided by the User at the time of Account Creation on the Platform or otherwise within the Profile section on the Platform, as well as the name and address existing in the records of the User's bank account as provided to WinZO. If no bank account has been registered by the User against such User's Account with WinZO, or the User has not verified his/her User account with WinZO to WinZO’s satisfaction, and in accordance with these Terms, WinZO will provide such User with a notification to the User's email address as maintained in WinZO’s records at least 30 days prior to the request date, and if the User fails to register a bank account with his/her User Account and/or to verify his/her User Account by the request date, WinZO will be entitled to forfeit any amounts subject to transfer. Failure to provide WinZO with a valid bank account or valid identification documents (to WinZO’s satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause.
     Withdrawal will be subject to processing fees and applicable deductions. Furthermore, any bonuses that may have been given as offers would be forfeited or adjusted at the time of withdrawal. Additionally, withdrawals from the Unplayed Account will be subject to a processing fee charged at 30% of the amount intended to be withdrawn.
   • Validity of Wallet Amount.
     Wallet Amount must be utilized within 60 days of credit (“Use Period”). If any unutilized amount lies in the Unplayed Account after the completion of 60 days from the date of credit of such amount, WinZO reserves the right to forfeit such unutilized amount, without liability or obligation to pay any compensation to the User.
   • Withdrawal.
     The Winnings in the Winnings account may be withdrawn, in whole or in part (“Withdrawal”) by a User by selecting “Withdraw” in your Wallet. The Withdrawal will be processed by our third-party payment processors and the Withdrawable amount will be reflected in the bank account/card associated with your Wallet within 10-14 days. The amount in the Winnings account will be forfeited upon completion of 60 days from the date of credit of such amount in the User’s Winnings Account or upon completion of 60 days of inactivity, without liability or obligation to pay any compensation to the User. Withdrawals can only be made if the Withdrawable Amount and the Withdrawal exceeds limits that may be specified by WinZO from time to time (“Minimum Withdrawal Amount”).
   • Wallet Adjustments.
     All Deposits received in WinZO's Bank account from the payment processors and all Withdrawals processed by WinZO's Bank account to the payment processors will be processed in United States Dollars. However, for the ease of all Users, the Deposits and Withdrawals can be made by the Users in their respective local currency, except such currencies as may be decided by WinZO and payment processors. Additionally, the Deposits, Winnings, Bonuses, Wallet Amount and the Withdrawal will be visible to all Users in their local currencies, except for such currencies as decided by WinZO, and/or in USD, as opted by the User. Accordingly, WinZO reserves the right to periodically reconcile, reset and adjust the amount in the Wallet (Unplayed account, Bonus account, Winnings account) of each User visible in the User’s local currency, according to the prevailing market exchange rate of the user’s local currency vis-a-vis United States Dollar (USD). USERS UNDERSTAND THAT THIS MAY LEAD TO A PERIODIC CHANGE IN THE AMOUNT, VISIBLE IN THE USER'S LOCAL CURRENCY, IN THEIR WALLET (UNPLAYED ACCOUNT, BONUS ACCOUNT, WINNINGS ACCOUNT). USERS FURTHER UNDERSTAND THAT WINZO DOES NOT DETERMINE THE PREVAILING MARKET FOREIGN EXCHANGE RATE.
2. Fees to Access our Website, App, and Platform.
   Our Website, App, and Platform are currently provided to you at no cost. In the event that we change this in the future, we will communicate such modification to you as per the procedure detailed under Section 19 or as otherwise specified in another agreement between WinZO and you
3. Other Fees.
   Certain features, and Games on our Platform require the payment of fees to be accessed and used by a User. They are described in this Section and are collectively referred to as “Fees”.
   • Pre-Specified Contribution.
     Each Money Game has a Pre-Specified Contribution associated with it. Each Pre-Specified Contribution shall be deducted from the Wallet of the User when such User selects the option of paying the applicable Pre-Specified Contribution. Only upon payment of the Pre-Specified Contribution shall the User be deemed a Player of that Money Game and be allowed to play and participate in that Money Game. The Pre-Specified Contribution deposited by each Player of a Money Game shall be added to the Prize Money Pool for that Money Game. The Prize Money Pool for each Game shall be transferred to the Wallet of the Winner of the Money Game. The Pre-Specified Contribution Players pay to participate in a Money Game is inclusive of the Platform Fee charged by WinZO for access to the Services and pre-determined Player’s contribution towards Prize Money Pool. Each time a Player participates in any Money Game on the Platform, the Pre-Specified Contribution is debited in the first instance, from the Player’s Unplayed Account, and thereafter, any remaining amount is debited from the Player’s Winning Account. In case there is any amount remaining to be paid by the Player in relation to such Player’s participation in any Money Game, the Player is directed to the designated payment processors to make such payment. In case any amount added by the Player through such payment processor exceeds the Pre-Specified Contribution, such excess amount will be transferred to the Player’s Unplayed Account and will be available for use in participation in any Money Game or for withdrawal in accordance with these Terms. Debits from the Unplayed Account to enable a Player’s participation in a Money Game are made in order of the date of credit of amounts in the Unplayed Account, and accordingly amounts credited into the Unplayed Account earlier in time are debited first.
   • Platform Fee(s).
     A percentage of all Pre-Specified Contribution is taken by us as a Platform Fee for providing the users with access to the Services. The Prize Money Pool is always calculated after the Platform Fees has been deducted from the total Pre-Specified Contribution deposited for any Money Game. Platform Fees are charged each time a User plays any Money Game
   • Withdrawal Processing Fee(s).
     WinZO charges a Withdrawal Processing Fee, to facilitate Withdrawals for the Users. The Withdrawal Processing Fees is calculated at a rate determined by WinZO, in its sole discretion, and may vary for different Users. Withdrawal Processing Fees are charged each time a User makes a Withdrawal.
4. Deduction of Fees
   Fees will automatically be deducted from your Wallet.
5. Taxes
   The Fees are exclusive of any sales tax applicable which shall be payable by you at the rate and in the manner prescribed by law.
6. Changes
   We may change our Fees for any and all Services without prior written notice.
7. Errors
   We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. If you believe that your Wallet has been charged incorrectly, you must contact us within thirty (30) days of receiving such an invoice or notification related to the incorrect billing at support@winzogames.com to help us resolve such disputes.
8. The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that WinZO may have on third parties, transactions on the Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User’s Unplayed Account or Winnings Account may take up to 24 hours to reflect in the User’s Unplayed Account or Winnings Account balance. Similarly, the utilization of the Bonus or amounts debited from Unplayed Account or Winnings Account may take up to 24 hours to reflect in the User’s Unplayed Account or Winnings Account balance. Users agree not to raise any complaint or claim against WinZO in respect of any delay, including any lost opportunity to join any Money Game due to delay in crediting of transaction amount into any of the User’s accounts.
9. Refund Policy:
   If you are not entirely satisfied with our Services, and want to request a refund, we will evaluate your request and will notify you about the status of your refund. If your refund request is approved, we will initiate a refund to your original method of payment within 7 working days. You will receive the credit within a certain amount of days, depending on your bank/payment processor/bank issuer’s policies. The final decision lies with WinZO.

GAMES

1. Legality of Skill-Based Gaming
   The games hosted on the Platform, and made available to you, are all games of skill. While each game may feature a different level of skill element, and the threshold may vary, WinZO may employ a normalisation metric to pool players across games for hosting a contest. WinZO may also record and publish user’s performance(s) from time to time for the purposes of research, offering games for free-to-play, promoting responsible-gaming, facilitation of game plays, skill-determination for game of skill, computation of skill level of users, etc. Each Contest will be governed by the skill set you demonstrate to play and achieve the outcome.
2. Free Games
   Users are permitted to access the free to play versions of all games, if they are so made available on WinZO, regardless of their state of residence.
3. Misrepresentation and Fraud
   In case you participate in any Game by misrepresentation or fraud, including but not limited to by use of VPN services, we in our sole discretion may disqualify you at any stage of the process, withhold any Winnings and take legal action against you. If you are found or suspected to be defrauding the systems of the Platform in any manner then (a) you will be debarred from participating in all Games and (b) we may take legal action against you
4. Reservation of Rights
   WinZO reserves the right to withdraw or discontinue or terminate any Game at any stage without prior notice and without any liability whatsoever to you. In any Money Game on the Platform, in case of a draw/tie, the final decision would be that of WinZO, and you will not be entitled to any refunds in such a situation. WinZO reserves the absolute right to determine (i) the format and Rules of any Game; (ii) Winnings and prize structure; (iii) selection of Winners in case of a draw/tie, or a dispute; and, (iv) manner of disbursal of Winnings, rewards, gifts and other redemptions.
5. Game Rules
   Each Game available on the Platform will be governed by the specific set of rules which are featured against each game (“Rules”), and we urge you to peruse the same before accessing them.
6. Multiple Accounts
   If WinZO is made aware that a User has created more than one Accounts with WinZO, or is using multiple mobile numbers to play on the Platform, it may (a) restrict your use of the Services, (b) block, restrict, or forfeit any amounts, Winnings, or privileges that you may have received on the Platform, or that have otherwise been given to you, and (c) pursue legal action against you.
7. Breach of Terms
   In the event any user breaches, or WinZO reasonably believes that such User has breached these Terms, or has illegally or improperly used Services, WinZO may, at its sole and absolute discretion, and without any notice to the user, restrict, suspend or terminate such user's Account and their access to all or any part of Services, and take such legal action as may be necessary.
8. Responsible Gaming Policy
   Users agree that they have read and understood our Responsible Gaming Policy and agree that they will comply the same when using our Platform and playing our Games.

SERVICE LICENSE

OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

REQUIRED CONDUCT AND PROHIBITED CONDUCT

1. Required Conduct
   • Comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements
   • Provide accurate information to WinZO and update from time to time as may be necessary
   • Review our Privacy Policy
   • Review and comply with notices sent by WinZO, if any, concerning our Website, App, or Platform
   • Review and comply with our Responsible Gaming Policy .
2. Prohibited Conduct
   • Opening more than one User Account
   • Using VPN or other location masking services, software or methodology while accessing our Website, App or Platform
   • Participating in Money Games from Restricted States
   • Try to circumvent, provide incorrect information or documentation for, or otherwise interfere with the KYC Verification or other Verification Processes
   • Use our Services, Website or App while on an OFAC Sanctions List available at https://sanctionssearch.ofac.treas.gov/
   • Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our Website or App (excluding any user content)
   • Reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Website or App, or any part thereof
   • Utilize information, content or any data you view on and/or obtain from our Website or App to provide any service that is competitive with us
   • Imply or state, directly or indirectly, that you are affiliated with or endorsed by WinZO unless you have entered into a written agreement with us
   • Adapt, modify, or create derivative works based on our Website or App or technology underlying our Website or App, or other users’ content, in whole or in part
   • Rent, lease, loan, trade, sell/re-sell access to our Website, App, or Platform or any information therein, or the equivalent, in whole or part
   • Access, reload, or “refresh” or make any other request to transactional servers that are beyond generally accepted usage of web-based applications
   • Use manual or automated software, devices, scripts robots, other means or processes to “scrape”, “crawl” or “spider” any web pages contained in the Website
   • Use automated methods to add contacts or send messages
   • Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of our Website
   • Attempt to or actually access our Website or App by any means other than through the interface provided by WinZO
   • Attempt to or actually override any security component included in or underlying our Website, App, or Platform
   • Engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses
   • Remove any copyright, trademark, or other proprietary rights notices contained in or on our Website or App, including those of both WinZO or any of our licensors
   • Use any information obtained from our Website, App, or Platform to harass, abuse, or harm another user or
   • Engage in any action or promote any content that is harmful, offensive, illegal, unlawful, discriminatory, dangerous, profane, or abusive.

WINZO COMMUNICATIONS

1. Email Contact
   We may send promotional messages about us and our products and services related to our Website and App to your email. When you send us a query email at support@winzogames.com, you are providing us with consent to send emails to you for replying to your queries at your provided email address. By providing your email address, you agree with these Terms of Use and our Privacy Policy.
2. Push Notification.
   You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our Website, App, and Platform.

INDEMNIFICATION

1. a breach of this Agreement
2. the negligence, fraud, or willful misconduct of you or your employees, agents, or contractors
3. ncorrect information provided by you in your account or elsewhere
4. a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations

DISCLAIMERS

1. the completeness, accuracy, availability, timeliness, security or reliability of our Website, App, or Platform or any content
2. any harm to your computer system, loss of data, or other harm that results from your access to or use of our Website, App, or Platform or any content
3. the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Website, App, or Platform
4. whether our Website, App, or Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our Website, App, or Platform, will create any warranty or representation not expressly made herein

LIMITATION OF LIABILITY

TERMINATION

1. Termination By Us
   We reserve the right to suspend or terminate your account or cease providing you with access to all or part of our Website, App, or Platform at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated this Agreement or our Privacy Policy, (ii) you create risk or possible legal exposure for WinZO; or (iii) our provision of our Website, App, or Platform to you is no longer commercially viable. We will make reasonable efforts to notify you of such termination by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, this Agreement shall terminate, including, without limitation, your license to use our Website, App, or Platform.
2. Termination or Cancellation By You.
   You can terminate our Services by deleting your Account. You can request for Account deletion by going to the ‘Settings’ section of your Account (“Account Deletion Request”). All Account Deletion Request must be approved by WinZO before any Account can be deleted. Upon approval of your Account Deletion Request
   • You must Withdraw all Withdrawable Amounts from your Wallet within ninety (90) days, after which time no Withdrawals can be made from the Wallet
   • Your account will stand deactivated for a period of ninety (90) days, within which time you may re-activate your Account by accessing your Account with your Account Information
   • After ninety (90) days, the Users’ Accounts will be deleted and they may be unable to retrieve any Withdrawable Amounts or Account Information from us, except information that WinZO may retain as per its Privacy Policy
3. Survival
   All sections, which by their nature and context are intended to survive the termination of this Agreement, will survive.

COPYRIGHT INFRINGEMENT/DMCA NOTICE

1. Your physical or electronic signature
2. Identification of the copyrighted work(s) that you claim to have been infringed
3. Identification of the material on our Website, App, or Platform that you claim is infringing and that you request us to remove
4. Sufficient information to permit us to locate such material
5. Your address, telephone number, and email address
6. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

ASSIGNMENT

ANTI-BRIBERY AND EXPORT COMPLIANCE

MODIFICATIONS

RELATIONSHIP OF PARTIES

GOVERNING LAW

DISPUTE RESOLUTION AND ARBITRATION

1. Binding Arbitration
   Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and WinZO agree (a) to waive your and WinZO’s respective rights to have any and all Disputes arising from or related to this Agreement, use of our Website, App, or Platform, resolved in a court, and (b) to waive your and WinZO’s respective rights to a jury trial. Instead, you and WinZO agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or a jury in court).
2. No Class Arbitrations, Class Actions or Representative Actions
   You and WinZO agree that any Dispute arising out of or related to these Terms of Service or use or access of our Website, App, or Platform is personal to you and WinZO and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and WinZO agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and WinZO agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
3. Federal Arbitration Act
   You and WinZO agree that these Terms of Service affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
4. Notice; Informal Dispute Resolution
   You and WinZO agree that each party will notify the other party in writing of any arbitral or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to WinZO shall be sent by certified mail or courier to WinZO, Attn: [CONTACT PERSON], 1000 N. West Street, Suite 1200, Wilmington, Delaware, USA- 19801. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your WinZO account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this Agreement and will include (a) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that we are seeking. If you and WinZO cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or WinZO may, as appropriate and in accordance with this Section, commence an arbitration proceeding.
5. Process
   EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND WINZO AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR WINZO WITHIN (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND WINZO WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and WinZO agree that (a) any arbitration will occur in Santa Clara County, California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section, and (c) that the state or federal courts of the State of California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
6. Authority of Arbitrator
   As limited by the FAA, these Terms of Service and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitral, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Service. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. Notwithstanding anything to the contrary herein or the applicable AAA Rules, discovery in the arbitration shall be limited to one set of interrogatories, one set of requests for admissions, and one set of requests for production of documents.
   The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
7. Rules of AAA
   The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. By agreeing to be bound by these Terms of Use, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.
8. Severability
   If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable. Further, the waivers set forth herein are severable from the other provisions of this Agreement and will remain valid and enforceable, except as prohibited by applicable law.
9. Opt-Out Right
   YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPTED THE TERMS OF THIS SECTION BY WRITING TO: WINZO, RE: OPT-OUT, 1000 N. WEST STREET, SUITE 1200, WILMINGTON, DELAWARE, USA- 19801. IN ORDER TO BE EFFECTIVE, THE OPT OUT NOTICE MUST INCLUDE YOUR FULL NAME AND CLEARLY INDICATE YOUR INTENT TO OPT OUT OF BINDING ARBITRATION. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES IN ACCORDANCE WITH SECTION 21.

MISCELLANEOUS