Terms of Service
Last updated: August 2022
Table of Contents
- 1. Eligibility
- 2. Additional Terms
- 3. Acceptable Use
- 4. User Content
- 5. License
- 6. Virtual Goods
- 7. Copyright
- 8. Privacy
- 9. Accounts
- 10. Third-Party Links
- 11. Changes to Terms
- 12. Cancellation & Termination
- 13. Disclaimer of Warranties
- 14. Limitation of Liability
- 15. Indemnification
- 16. Arbitration (US)
- 17. Dispute Resolution (EU)
- 18. Governing Law
- 19. General Provisions
- 20. Fees & Subscriptions
- 21. Contact Us
1. Eligibility
You must be at least 13 years of age (or the minimum age in your jurisdiction) to use our Services. By using the Services, you represent that you meet this age requirement.
If you are under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
↑ Back to top2. Additional Terms
Certain features of the Services may be subject to additional terms and conditions, which are incorporated into these Terms by reference. In the event of a conflict between these Terms and any additional terms, the additional terms shall prevail with respect to the relevant feature.
↑ Back to top3. Acceptable Use
You agree not to:
- Use the Services for any unlawful purpose
- Harass, abuse, or threaten other users
- Impersonate any person or entity
- Use cheats, exploits, automation software, bots, or hacks
- Interfere with or disrupt the Services or servers
- Collect personal information of other users without consent
- Upload viruses, malware, or other malicious code
- Reverse engineer, decompile, or disassemble the Services
Violation of these rules may result in suspension or termination of your account.
↑ Back to top4. User Content
Users may submit content through the Services (“User Content”). You retain ownership of your User Content, but grant etermax a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, display, and distribute your User Content in connection with the Services.
You represent that you own or have the necessary rights to submit User Content and that it does not violate any third-party rights.
↑ Back to top5. License
Subject to your compliance with these Terms, etermax grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.
All rights not expressly granted are reserved. The Services and all content, features, and functionality are owned by etermax and protected by copyright, trademark, and other intellectual property laws.
↑ Back to top6. Virtual Goods
The Services may include virtual currencies, items, or goods (“Virtual Goods”). Virtual Goods have no real-world monetary value and cannot be exchanged for real currency.
Virtual Goods are licensed, not sold. etermax reserves the right to manage, regulate, modify, or remove Virtual Goods at its sole discretion. Purchases of Virtual Goods are final and non-refundable except as required by applicable law.
↑ Back to top7. Copyright
We respect intellectual property rights. If you believe your copyrighted work has been infringed, please send a notice to legal@etermax.com.uy including:
- A description of the copyrighted work
- The location of the allegedly infringing material
- Your contact information
- A statement of good faith belief
- A statement of accuracy under penalty of perjury
- Your physical or electronic signature
8. Privacy
Your use of the Services is also subject to our Privacy Policy, which describes how we collect, use, and share your information.
↑ Back to top9. Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to notify us immediately of any unauthorized use of your account. etermax is not liable for losses arising from unauthorized use of your account.
↑ Back to top10. Third-Party Links
The Services may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third-party sites. Accessing third-party links is at your own risk.
↑ Back to top11. Changes to Terms
We may modify these Terms at any time. Material changes will be notified through the Services or by email. Your continued use after the effective date constitutes acceptance of the modified Terms.
↑ Back to top12. Cancellation & Termination
You may stop using the Services at any time. To delete your account, contact us at help@etermax.com.
We may suspend or terminate your account at any time for violation of these Terms or for any reason at our sole discretion, with or without notice.
↑ Back to top13. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ETERMAX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.
↑ Back to top14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ETERMAX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL.
ETERMAX'S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO ETERMAX IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100 USD.
↑ Back to top15. Indemnification
You agree to indemnify, defend, and hold harmless etermax and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights.
↑ Back to top16. Arbitration (US)
For users in the United States: any dispute arising from these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
You and etermax agree to waive the right to a jury trial and to participate in class actions. Small claims court actions are exempt from this arbitration provision.
↑ Back to top17. Dispute Resolution (EU)
For users in the European Union: disputes may be submitted to the Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
Nothing in these Terms limits your right to bring proceedings before the competent courts of your country of residence as provided by applicable consumer protection law.
↑ Back to top18. Governing Law
These Terms are governed by the laws of the Oriental Republic of Uruguay, without regard to conflict of law provisions.
Except where arbitration provisions apply, any legal action shall be brought in the courts of Montevideo, Uruguay.
↑ Back to top19. General Provisions
If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver of that right.
These Terms constitute the entire agreement between you and etermax regarding the Services and supersede all prior agreements.
↑ Back to top20. Fees & Subscriptions
Certain features of the Services may require payment. All fees are stated in the applicable app store and are processed by Apple App Store or Google Play Store.
Subscription renewals are automatic unless cancelled at least 24 hours before the end of the current period. Refund policies are governed by the applicable app store.
↑ Back to top21. Contact Us
For questions about these Terms, contact us at:
- Email: legal@etermax.com.uy
- Address: Etermax S.A., Dr. Luis Bonavita 1294, Office 1831, Montevideo 11300, Uruguay