TERMS OF SERVICE – WINZO US INC

Last Updated: 13 February 2024

These Terms of Service (“Agreement” or “Terms”) are a legally binding agreement between you (the “User,” “you,” or “your”) and WinZO US Inc. (“WinZO,” “we,” “us,” “our”). You acknowledge and agree that your use of the WinZO platform (the “Platform”) through WinZO’s website at https://www.winzogames.com/pt-br/get-app-tiktok (the “Website”) and WinZO’s mobile application (the “App”) available at https://play.google.com/store/apps/details?id=com.winzo.platform&hl=pt&gl=BR 

will be governed by this Agreement, our Privacy Policy, and any related terms.

Your use of our Website, App, or Platform shall constitute your acceptance of this Agreement and to all of the terms and conditions stated under this Agreement referenced herein. If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at support@winzogames.com.

PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. 

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING AND NAVIGATING THROUGH OUR PLATFORM, WEBSITE, AND/OR APP, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT; (B) YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; (C) YOU CAN FORM A BINDING CONTRACT; AND (D) YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS OUR PRIVACY POLICY REFERENCED HEREIN.  

Capitalized terms not defined herein shall have the same meaning ascribed to them under our Privacy Policy.

  1. INTRODUCTION TO WINZO AND CERTAIN DEFINITIONS

WinZO operates a global online platform, which hosts skill-based games to be played for free and related services (“Services”).. 

For the purposes of these Terms, 

  1. “Game” or Games” mean each skill-based game we offer on our Platform.
  1. “Personal Data” 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 a name, an identification number, location information, or an online identifier.
  1. “Players” means Users that play Games. 
  1. “Sensitive Personal Data” means Personal Data concerning racial or ethnic origin, religious belief, political opinion, trade union or religious, philosophical or political organization membership, data concerning health or sex life, genetic or biometric data, when related to an individual.  

TERRITORIAL RESTRICTION

Our Website, App, and Platform are not available for use or download by residents of, visitors to, or your employees who reside in the European Union (collectively a “European”). If you are a European, please do not download, create account, and/or use our Website, App, or Platform.

  1. PRIVACY POLICY

Our Privacy Policy describes how we handle the Personal Data you provide to us when you create an Account for our Website, App, or Platform. WE COLLECT, PROCESS, USE, AND STORE PERSONAL DATA AS DEFINED IN OUR PRIVACY POLICY. You understand that through your use of our Website, App, or Platform, WinZO will collect and use (as set forth in the Privacy Policy) this Personal Data, including to transfer of this information to the US, and/or other countries for storage and other data processing purposes. The Personal Data may also be transferred to WinZO’s holding, subsidiaries, and group companies, our affiliates, and third-party service providers.

  1. 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 per registered mobile number 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. 
  1. ACCESS
  1. Accessing our Website: You can access and use our Website at https://www.winzogames.com/pt-br/get-app-tiktok.  
  1. Accessing our App: Our App can be downloaded via the link (“Download Link”) on our Website at https://www.winzogames.com/pt-br & https://www.winzogames.com/en-br by Android Users.. Android users can also download the App on Google Play Store at [https://play.google.com/store/apps/details?id=com.winzo.platform&hl=pt&gl=BR] 
  1. 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/WhatsApp message/message through any other channel/mode. Upon authenticating the OTP, you will be prompted to accept our Privacy Policy, Terms of Service, and other related terms or policies. Upon successful authentication and acceptance of our Policies, your Account will be considered as set up. 
  1. 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”) In the event where the username is not appropriate, WinZO reserves the right to disallow use of such name.
  1. 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.
  1. FREE ACCESS 
  1. 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 17 or as otherwise specified in another agreement between WinZO and you.
  1. Errors. We reserve the right to correct any errors or mistakes in our Website or App. If you believe that  there are any errors on our App or Website you may contact us at support@winzogames.com  to help us resolve such disputes. 
  1. GAMES, LEVELS
  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, each game will be governed by the skill set you demonstrate to play and achieve the outcome. . Online  skill based games are allowed to be offered in Brazil. IN THE CASE OF OUR GAMES ON THE APP, OUTCOMES ARE NOT DETERMINED BY CHANCE, BUT ARE RATHER ACHIEVED THROUGH A PLAYER’S SKILL OR ABILITY, AND NO REAL MONEY IS INVOLVED MAKING THESE TOURNAMENTS LEGAL IN BRAZIL. 
  1. Free Games. Users are permitted to access all the games for free and without payment of any consideration to us..
  1. 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 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. 
  1. 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. WinZO reserves the absolute right to determine  the format and Rules of any Game; and, (ii) any other aspects in relation to the Games or App.
  1. 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. 
  1. 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, and (b) pursue legal action against you.
  1. 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. 
  1. .
  1. Tier Levels – WinZO may classify its Users into different tier/profile levels as per its discretion and a proprietary algorithm that factors in multiple variables relating to the activity of the users, viz. number of games played, performance within those games etc. Such Levels have no monetary value and do not constitute currency or property of any type.
  1. WinZO makes no assurance and will have no liability with respect to the quality of the product(s), logistics and handling procedures, or unforeseen costs or unfavorable constraints that may surface when a User plays Games.
  1. SERVICE LICENSE

Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Website, App, or Platform to: (a) download, install, and use our App for your use in accordance with this Agreement on any mobile device owned or otherwise controlled by you strictly in accordance with this Agreement, and (b) access, stream, download, and use on your mobile device our Website, App, or Platform and content made available in or otherwise accessible through our Website, App, or Platform, strictly in accordance with this Agreement. You will not use, copy, adapt, modify, prepare derivative works based upon our Website, App, or Platform, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website, App, or Platform, except as expressly permitted in this Agreement. When using and accessing our Website, App, or Platform, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs, and other fees that might apply. 

YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS OR USE OF OUR WEBSITE, APP, OR PLATFORM. WE PROVIDE NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO THE FEE, IF ANY, PAID TO WINZO FOR THE ABILITY TO ACCESS OR USE OUR WEBSITE, APP, OR PLATFORM. 

  1. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

You agree that our Platform, including but not limited to the Website, App, graphics, trademarks, and editorial content, contains proprietary content, information, and material, which are owned by WinZO and/or our licensors, including our customers, brands and agencies, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of our Platform or in any manner that is inconsistent with the terms contained in this Agreement. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Website, App, or Platform, in any manner, and you will not exploit our Website, App, or Platform in any unauthorized way whatsoever, including but not limited to, using our Website, App, or Platform to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use our Website, App, or Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using our Website, App, or Platform.

You acknowledge and agree that our Website, App, and Platform are provided for your use. Except to the extent necessary to access and use our Website, App, or Platform, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to our Website, App, or Platform, whether expressly, by implication, estoppel, or otherwise. WinZO and its licensors and service providers reserve and will retain their entire right, title, and interest in and to our Website, App, and Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

You acknowledge and agree that in case there is any intellectual property in the data that you provide us then you are the owner of that data and that data does not infringe the rights of any third party and you grant us a worldwide, royalty-free license to use, store, back-up, copy, transmit, distribute, communicate, modify and otherwise make available, such information and user data.

  1. REQUIRED CONDUCT AND PROHIBITED CONDUCT

As a condition to access our Website, App, or Platform, you agree to this Agreement and to strictly observe the following:

  1. Required Conduct
  1. Comply with all applicable laws, including, without limitation intellectual property laws and regulatory requirements;
  2. Provide accurate information to WinZO and update from time to time as may be necessary;
  3. Review our Privacy Policy;
  4. Review and comply with notices sent by WinZO, if any, concerning our Website, App, or Platform; and
  5. Review and comply with our Responsible Gaming Policy.
  1. Prohibited Conduct
  1. Opening more than one User Account;
  2. Using VPN or other location masking services, software or methodology while accessing our Website, App or Platform;
  3. Try to circumvent, provide incorrect information or documentation for, or otherwise interfere with the verification processes that may be implemented by us; 
  4. Use our Services, Website, App, or Platform while on any sanctions list such as OFAC Sanctions List available at https://sanctionssearch.ofac.treas.gov/. 
  5. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our Website, App, or Platform (excluding any user content);
  6. 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, App, or Platform, or any part thereof;
  7. Utilize information, content or any data you view on and/or obtain from our Website, App, or Platform to provide any service that is competitive with us;
  8. 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;
  9. Adapt, modify, or create derivative works based on our Website, App, or Platform or technology underlying our Website, App, or Platform, or other users’ content, in whole or in part;
  10. 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;
  11. Access, reload, or “refresh” or make any other request to transactional servers that are beyond generally accepted usage of web-based applications;
  12. Use manual or automated software, devices, scripts robots, other means or processes to “scrape”, “crawl” or “spider” any web pages contained in the Website;
  13. Use automated methods to add contacts or send messages;
  14. Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of our Website;
  15. Attempt to or actually access our Website, App, or Platform by any means other than through the interface provided by WinZO;
  16. Attempt to or actually override any security component included in or underlying our Website, App, or Platform;
  17. 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;
  18. Remove any copyright, trademark, or other proprietary rights notices contained in or on our Website, App, or Platform, including those of both WinZO or any of our licensors; 
  19. Use any information obtained from our Website, App, or Platform to harass, abuse, or harm another user; or
  20. Engage in any action or promote any content that is harmful, offensive, illegal, unlawful, discriminatory, dangerous, profane, or abusive.
  1. WINZO COMMUNICATIONS

You understand and agree that you may receive information and push notifications from WinZO via email, our App, text message (SMS or through other channels/apps) on your mobile device, or calls to your mobile number. You hereby consent to receive communications via email, our App, text message (SMS or through other channels/apps) on your mobile device, or calls to your mobile number. You acknowledge that you may incur additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not WinZO.

  1. Email Contact.  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. 
  1. 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.
  1. INDEMNIFICATION

You agree to indemnify, defend, and hold WinZO and our officers, employees, managers, directors, customers, and agents (the “Indemnitees”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against WinZO and our Indemnitees arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, fraud, or willful misconduct of you or your employees, agents, or contractors; (iii) incorrect information provided by you in your Account or elsewhere; or (iv) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations.

  1. DISCLAIMERS

Your access to and use of our Website, App, and Platform or any content are at your own risk. You understand and agree that our Website, App, and Platform are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our Website, App, or Platform or any content; (ii) 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; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Website, App, or Platform; and (iv) 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.

WINZO DOES NOT REVIEW, VERIFY, REVISE, ENDORSE, OR OTHERWISE APPROVE ANY CONTENT CREATED OR POSTED BY OUR USERS, AND COMMUNICATED TO OTHER USERS OR THIRD PARTIES VIA OUR WEBSITE, APP, OR PLATFORM, BUT WINZO WILL REMOVE CONTENT THAT VIOLATES ANY LAWS OR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL WINZO BE LIABLE IN ANY WAY FOR ANY CONTENT CREATED OR POSTED BY OUR USERS FOR, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SUCH CONTENT. THE CONTENT IS SOLELY CREATED BY OUR USERS, AND WINZO SPECIFICALLY DISCLAIMS ANY AND ALL ROLE WHATSOEVER WITH RESPECT TO THE CREATION OR POSTING OF SUCH CONTENT.   

  1. LIMITATION OF LIABILITY

You acknowledge and agree that, in no event will WinZO be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of this Agreement, or the use of, or the inability to use, our Website, App, or Platform, including, without limitation, any information made available through our Website, App, or Platform pursuant to this Agreement. In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability for all claims of every kind will not exceed one times Two Hundred United States Dollars (200 USD). The foregoing limitation of liability will cover technical malfunction, computer error or loss of data, and injury arising from the use of our Website, App, or Platform, as long as proved to be caused exclusively by WinZO.  Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that WinZO may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of WinZO’s liability will be the minimum permitted under applicable law.

  1. 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/mobile number 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.
  1. 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, 
  1. 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; 
  2. After ninety (90) days, the Users’ Accounts will be deleted and they may be unable to retrieve any Account Information from us, except information that WinZO may retain as per its Privacy Policy. 
  1. Survival. All Sections which by their nature and context are intended to survive the termination of this Agreement, will survive.
  1. ASSIGNMENT

This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.

  1. ANTI-BRIBERY AND EXPORT COMPLIANCE

You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer our Website, App, or Platform in violation of any laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release our Website, App, or Platform to any destination, person, entity or end-use prohibited. 

  1. MODIFICATIONS

We reserve the right, at our sole discretion, to change or modify this Agreement at any time. In the event, we modify the terms of this Agreement, such modifications shall be binding on you. We will inform you about the modifications via email or on your mobile number or on our Website, App, or Platform by posting a modified version of this page, or by a comparable means within a reasonable time period.  Your continued use of our Website, App, or Platform shall constitute your consent to such changes.

  1. RELATIONSHIP OF PARTIES

The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, or agent/servant. The User has no power or authority to bind WinZO to any obligation, agreement, debt or liability. The User shall not hold itself out as an agent or representative of WinZO.

  1. GOVERNING LAW

This Agreement shall be governed by the Brazilian laws. 

  1. DISPUTE RESOLUTION 

Any disputes related to the use of WinZO’s Website, Platform or App shall be referred to and finally resolved in the in the venue of the user.

  1. MISCELLANEOUS

This Agreement along with our Privacy Policy, and other related terms/policies, constitutes the entire agreement between you and WinZO and supersedes any prior agreements between you and WinZO with respect to the subject matter herein. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in this provision, and the other provisions of this Agreement to remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of our Website, App, or Platform or this Agreement must be filed within five (5) years after such claim or cause of action arose or such lower time-period on limitation under Brazil law for such claim. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. All the Sections intended to survive the termination of this Agreement shall survive. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. Except as explicitly stated otherwise, any notices to WinZO shall be given by email to support@winzogames.com. Any notices to you shall be provided to you through our Website, App, or Platform.