These Terms of Service (the “Terms”) and our Privacy Policy govern the relationship between you and Crossword & Sudoku LTD (“Crossword & Sudoku”, “our”, “we” or “us”) relating in any way to your use of our Services. “Services” means our website https://kryss.app/ (the “Site”), mobile applications (each a “Game”, collectively “Games”), and any related services and content.

1. Agreement to Terms

By using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you don’t agree to these Terms and our Privacy Policy, do not use the Services.

IMPORTANT NOTICE: FOR U.S. AND CANADIAN USERS, AS DESCRIBED BELOW IN SECTION 19, DISPUTES BETWEEN YOU AND CROSSWORD & SUDOKU MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS UNLESS AN EXCEPTION APPLIES.

2. Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications via the Services. It’s important that you review the Terms whenever we modify them. If you don’t agree to be bound by the modified Terms, then you may not use the Site or the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

3. Limited License; Who May Use the Services

3.1 Limited License Grant. Subject to your agreement and continuing compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.

3.2 Eligibility. You may use the Services only if you are 16 years or older and are not barred from using the Services under applicable law. If you are under the age of 18, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these Terms.

3.3 Registration and Your Information. It’s important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your account. You agree that you won’t disclose your account password to anyone and you’ll notify us immediately of any unauthorized use of your account. You’re responsible for all activities that occur under your account.

4. Intellectual Property Rights

Except for the limited license granted above, we and our licensors retain all right, title and interest in and to the Services, including the technology and software used to provide the Services. The Services are protected by copyright, trademark and other laws. If you violate these Terms, you may be breaking the law, including by violating our intellectual property rights. In addition, you agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from the Services.

If you provide us with any suggestions for enhancement or feedback regarding the Services, you agree that we will have a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use such suggestions and feedback.

5. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from you, your computer and your mobile device. You understand that through your use of our Services you acknowledge the collection, use and sharing of this information as described in our Privacy Policy.

6. User Content

We may permit you or other users to submit, upload, publish, transmit, or otherwise make available to us materials, data, information, communications, pictures and sounds using the Services (“User Content”). Your User Content remains your property. However, once you make User Content available, you thereby grant to Crossword & Sudoku an irrevocable, perpetual, transferable, sublicensable, fully paid-up, royalty-free, worldwide right and license to use your User Content in connection with the Services.

As a user, you are personally and solely responsible for all information posted and/or sent, transmitted, or provided to others by you in connection with our Services. You agree not to submit and/or transmit any User Content that is unlawful, tortious, defamatory, libelous, obscene, threatening, harassing, abusive, violent, hateful, racist, or otherwise objectionable or inappropriate.

7. Code of Conduct and Our Enforcement Rights

When you access or use any Service, you agree that you will not:

• Violate any law, rule or regulation.
• Interfere with or disrupt another player’s use of a Service.
• Harass, threaten, bully, embarrass, spam or do anything else to another player that is unwanted. Hate speech is not tolerated.
• Contribute User Content or organize or participate in any activity or group that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invasive of another’s privacy, or is otherwise reasonably objectionable.
• Publish, post, upload or distribute content that is illegal or that you don’t have permission to freely distribute.
• Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation.
• Impersonate another person or falsely imply that you are a Crossword & Sudoku employee or representative.
• Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on the Services.
• Make use of any payment methods to access or purchase Services for fraudulent purposes.
• Use any robot, spider or other automated device or process to access this website.
• Use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software programs, exploits, cheats, or any other game hacking, altering or cheating software or tool.
• Modify any file or any other part of the Services that Crossword & Sudoku does not specifically authorize you to modify.
• Sell, buy, trade or otherwise transfer or offer to transfer your Crossword & Sudoku account or any personal access to the Services.
• Interfere with or disrupt any Service or any server or network used to support or provide a Service.

8. Your Interactions with Other Users

You are solely responsible for your interactions with other players with whom you interact through any Game. If you have a dispute with another player, you release Crossword & Sudoku (and our employees, officers, directors, agents, affiliates and joint ventures) from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute.

9. DMCA/Copyright Policy

We respect the intellectual property rights of others and ask that you do as well. We respond to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act (“DMCA”) and similar or equivalent other local laws that may apply. For more information, please visit our Copyright/DMCA Page to review our notification guidelines. We reserve the right to terminate any player’s access to the Services if we determine that the player is a “repeat infringer.”

10. Payment Terms

10.1 In-Game purchases

Crossword & Sudoku may license to you certain virtual goods to be used within the Games and which you may purchase with real money or which you may earn or redeem via gameplay (“Virtual Items”). When you obtain such Virtual Items, you receive a limited, personal, non-transferable, non-sublicensable and revocable license to use such Virtual Items within the applicable Game and solely for non-commercial use.

ALL SALES ARE FINAL: YOU ACKNOWLEDGE THAT CROSSWORD & SUDOKU IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED. PURCHASES TO ACQUIRE A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.

10.2 Subscriptions

Some of Crossword & Sudoku’s Games may offer subscription-based Services. If you purchase a subscription, you are requesting that we begin supplying the subscription Services immediately and you are entering into a monthly subscription contract with Crossword & Sudoku. You are also authorizing a charge to you on a recurring basis of a monthly subscription fee at the rate quoted at the time of purchase. Your subscription will automatically renew each subscription period unless and until you terminate your subscription or we terminate it.

You can manage and cancel your subscription at any time in your “Account Settings” of your device. For iOS subscriptions, please see Apple’s support page. For Google Play subscriptions, please see Google Play’s support page.

11. Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

12. Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

13. Indemnity

If you violate the law or breach these Terms, and your violation or breach results in loss or damage or a claim or liability against us, you agree to indemnify, defend and hold us harmless from that loss, damage, claim or liability, including our legal fees and expenses.

14. Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT OR AVAILABILITY. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

15. Limitation of Liability

YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT.

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF CROSSWORD & SUDOKU IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID US IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

16. Time Limitation on Claims

You agree that any claim you may have arising out of or relating to your relationship with us must be filed within one year after such claim arose; otherwise your claim is permanently barred.

17. Governing Law and Venue

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its choice of law or conflict of law principles. Further, you and we agree to the jurisdiction of the courts in Santa Clara County, California to resolve any dispute, claim, or controversy that relates to or arises in connection with the Services.

18. Dispute Resolution

If you are having a problem with a Service, many issues can be resolved on one of our forums. You may find resolution by clicking on the “Support” or “Contact Us” link on that Service within settings or emailing support@kryss.app. Before initiating any arbitration or court proceeding, first contact our support team to address your issue.

19. Arbitration Agreement and Class Action Waiver

Binding Arbitration. This Arbitration Agreement applies only to users in the United States and Canada. If we cannot resolve our dispute informally via customer support, you and Crossword & Sudoku agree to the fullest extent permitted by law to resolve any claim or dispute through final and binding arbitration.

Class Action Waiver. YOU AND CROSSWORD & SUDOKU AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the then-current Consumer Arbitration Rules. The AAA Rules are available at https://www.adr.org/arbitration.

20. California Notice

Under California Civil Code Section 1789.3, consumers from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1(916) 445-1254 or 1(800) 952-5210.

21. General Terms

These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may freely assign or transfer these Terms without restriction. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

22. Contact Information

If you have any questions about these Terms or the Services, please contact us at support@kryss.app or the address set forth below.

Crossword & Sudoku LTD
12-14 Gladstonos, 8046 Paphos, Cyprus