Effective Date: 10 June 2026
These Terms of Use (the "Agreement") constitute a legally binding agreement between the User and Cyboma (the "Licensor") and govern the User's access to and use of the Application.
1.1. By tapping the login/sign-in button, creating or accessing an Account, logging in to, accessing or using the Application, the User confirms that the User has read, understood and agreed to be bound by this Agreement. If the User does not agree to this Agreement, the User must not access or use the Application.
1.2. The User acknowledges that use of the Application may also be subject to the terms, policies and requirements of applicable Platforms, login providers and integrated third-party services. The Application may be distributed through or integrated with third-party platforms, including without limitation Apple App Store, Google Play, Facebook, HUAWEI AppGallery, Telegram Mini Apps, Discord and other supported platforms. The User agrees to comply with the terms, policies and requirements of each applicable Platform. The Licensor is not responsible for the availability, operation, policies, actions or decisions of any Platform or third-party service. For Users accessing the Application through Apple App Store, Google Play, Discord, Facebook, HUAWEI AppGallery, Telegram Mini Apps or similar platforms, applicable platform-specific terms, policies and developer requirements apply in addition to this Agreement.
1.3. Where the Application uses YouTube services, APIs or content, use of such functionality is additionally subject to the YouTube Terms of Service and applicable Google privacy documentation. Where the Application is accessed through Discord, use of the Application is additionally subject to applicable Discord Terms of Service, Privacy Policy and community guidelines.
1.4. The Application is intended solely for persons aged 18 years or older, unless a different minimum age is required by applicable Platform rules.
1.5. The Application is not a gambling service, betting service, game of chance, contest, lottery or similar activity and does not provide opportunities to win money, prizes or items of monetary value.
1.6. Where a Platform requires specific contractual provisions, such provisions shall apply solely to the extent required by the applicable Platform and shall not create additional warranties, liabilities or obligations beyond those required by law.
For purposes of this Agreement, capitalized terms shall have the meanings assigned to them in this Section (Definitions) or, to the extent not defined in this Section (Definitions), elsewhere in this Agreement where such terms are expressly defined.
“Account” means the User account used to access the Application through a Platform.
“Additional Application Features” means optional functionality made available through Hearts, virtual items, purchases, subscriptions, promotional rewards or other mechanisms, requirements or eligibility criteria determined by the Licensor from time to time.
“Application” means the Spin the Bottle software application, Application Features and related services made available by or on behalf of the Licensor through mobile, desktop, browser-based, embedded or other supported environments.
“Application Features” means Basic Application Features and Additional Application Features.
“Avatar” means the image displayed in a User Profile.
“Basic Application Features” means standard functionality available after Login.
“Cyboma” means Cyboma Limited, registration number HE 433154, registered at 28 Oktovriou, 367, MEDITERRANEAN COURT, Floor 1, Flat / Office A5, 3107, Limassol, Cyprus.
“Hearts” means virtual units used to access certain Additional Application Features.
“Login” means access to the Application using an Account.
“Moderator” means a person authorized to moderate User activity within the Application.
“Platform” means any third-party platform, marketplace, application store, social network, messaging service, embedded application environment or other distribution channel through which the Application is made available.
“Profile” means the User’s page within the Application.
“Protected Parties” means the Licensor, its affiliates, parent companies, subsidiaries, licensors, developers, publishers, distributors, officers, directors, employees, contractors, agents, moderators and any third-party service providers involved in the development, operation, maintenance, support, distribution or monetization of the Application, including hosting providers, cloud providers, payment processors, advertising partners, analytics providers and API providers. All disclaimers, limitations of liability, releases, indemnities and other protections granted to the Licensor under this Agreement shall apply equally to all Protected Parties.
“Public Areas” means areas of the Application visible to other Users.
“User” means an individual who has reached the required minimum age, accepted this Agreement and accessed the Application through a valid Account.
“User Content” means any content, communications, messages, text, images, Avatars, Profile information, data or other materials uploaded, posted, transmitted, submitted, displayed or otherwise made available by a User through or in connection with the Application.
3.1. The Application is designed to facilitate communication and interactive entertainment between Users. Access to Basic Application Features becomes available after Login.
3.2. The Application provides an open communication environment. User-generated content, communications and Profile information may be inaccurate, misleading, offensive, unlawful or inconsistent with the User’s views. The Licensor does not endorse, verify, guarantee or assume responsibility for User-generated content or communications.
3.3. The Licensor does not verify and does not guarantee the identity, age, legal capacity, honesty, intentions, reputation or conduct of Users. The Licensor has no obligation to perform identity verification, background checks, criminal screening, behavioural screening or similar investigations unless expressly stated otherwise.
3.4. The User assumes all risks arising from communications, interactions, meetings, relationships, exchanges of information and transactions involving other Users or third parties. The Application is provided solely as a communication and entertainment platform. The Licensor does not guarantee the safety, legality, authenticity, suitability or trustworthiness of any User or interaction.
3.5. The User knowingly and voluntarily assumes all risks associated with use of the Application, including risks arising from communications, interactions, meetings, relationships, exchanges of information, fraud, deception, impersonation, harassment, stalking, criminal conduct, emotional distress, reputational harm, financial loss, physical injury and other conduct of Users or third parties.
3.6. The Licensor shall not be responsible for any communications, relationships, meetings, transactions or events involving Users, whether online or offline. To the maximum extent permitted by law, the User releases and discharges the Licensor and all Protected Parties from claims arising out of interactions between Users or between a User and any third party. To the maximum extent permitted by law, the User irrevocably releases, waives and discharges the Licensor and all Protected Parties from any and all claims, demands, causes of action, liabilities, damages, losses, costs and expenses arising out of or relating to communications, interactions, relationships, meetings, transactions or disputes involving Users or third parties.
3.7. Available functionality may vary depending on the login method, Platform and technical environment. Additional information regarding operation of the Application may be provided through support materials, FAQs or similar resources.
4.1. Subject to this Agreement, the Licensor grants the User a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to access and use the Application solely for personal, non-commercial purposes. The license granted herein does not transfer any ownership rights or intellectual property rights in the Application or any part thereof.
4.2. Any rights not expressly granted under this Agreement are reserved by the Licensor and applicable rights holders. The Application, including without limitation its software, source code, object code, algorithms, features, functionality, user interface, design, content, trademarks, databases, documentation and related materials, are protected by applicable intellectual property laws and remain the exclusive property of the Licensor and/or applicable rights holders.
4.3. The Licensor may personalize, modify, update, expand, reduce or discontinue any Application Feature, interface element or content at any time. The Licensor may suspend, discontinue or terminate operation of the Application at any time.
4.4. The Licensor may take reasonable measures to prevent unlawful, unauthorized, fraudulent, abusive or harmful use of the Application and to protect the Application, its Users and infrastructure. In connection with the operation, maintenance, support, security, moderation, monitoring, analytics, testing, development, improvement, promotion and marketing of the Application, the Licensor may access, collect, process, reproduce, store, host, cache, archive, index, analyze, modify, adapt, translate, compress, reformat, transmit, distribute and display User Content to the maximum extent permitted by applicable law.
4.5. By uploading, posting, transmitting or otherwise making available User Content through the Application, the User grants the Licensor a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to host, store, reproduce, cache, archive, process, use, copy, modify, adapt, translate, create derivative works from, distribute, transmit, publish, display and otherwise use such User Content for purposes of operating, providing, maintaining, supporting, securing, monitoring, analyzing, testing, developing, improving, promoting, marketing and enforcing the Application and related services. Without prejudice to the foregoing, where the Application is accessed through Discord or another Platform, the User also authorizes the Licensor to access, collect, process, store and use account identifiers, usernames, display names, avatars and related information made available through authorized Platform APIs for operation, security, support, analytics and improvement of the Application.
The User represents and warrants that the User owns or otherwise possesses all rights, permissions, authorizations and consents necessary to make such User Content available through the Application and to grant the foregoing license. The User further represents and warrants that the User Content and the exercise of the rights granted under this Agreement will not infringe, misappropriate or otherwise violate any intellectual property rights, privacy rights, publicity rights, contractual rights or other rights of any third party and will not violate applicable law. The foregoing license shall survive deletion of User Content and termination of this Agreement to the extent reasonably necessary for backup, archival, legal compliance, security, fraud prevention, dispute resolution, enforcement and legitimate business purposes.
In connection with the operation of the Application and performance of this Agreement, the Licensor may process personal data relating to the User. Processing of personal data is governed by the Privacy Policy, which forms an integral part of this Agreement and is available at Spin the Bottle Privacy Policy page.
6.1. Access to the Application is obtained by logging in through a supported Account. Upon Login, the User receives access to Basic Application Features.
6.2. The User Profile is personal to the User. All actions performed through the Profile shall be deemed performed by the User. The User is responsible for maintaining the security of the Profile and Account and bears all risks associated with unauthorized access or use.
6.3. Access to Additional Application Features may require Hearts, virtual items, purchases, subscriptions, promotional rewards, participation in advertising-based programs or other requirements, mechanisms or eligibility criteria determined by the Licensor from time to time. Hearts and other virtual benefits may be obtained through purchases, advertising-based mechanisms, promotional programs, rewards or other methods expressly made available by the Licensor. The availability, scope and conditions of access to Additional Application Features shall be determined by the Licensor in its sole discretion and may be modified, restricted, suspended or discontinued at any time. Use of Additional Application Features is optional and entirely at the User's discretion.
6.4. Where the Application allows Hearts or other virtual benefits to be obtained by viewing advertisements, promotional materials or sponsored content, the User expressly consents to viewing such materials by activating the relevant functionality.
6.5. The availability, quantity, pricing, allocation, earning mechanisms, redemption mechanics and functionality associated with Hearts, virtual items and Additional Application Features shall be determined by the Licensor in its sole discretion and may be displayed within the Application.
6.6. Payments, purchases and other transactions relating to Hearts, virtual items or Application Features may be processed by the Licensor, applicable Platforms, payment processors, financial institutions or other third-party providers designated by the Licensor from time to time. The User shall comply with all applicable requirements, instructions and terms relating to such transactions. To the maximum extent permitted by applicable law, the Licensor shall not be liable for payment failures, refusals, delays, interruptions, chargebacks, reversals, processing errors, currency conversion issues, banking restrictions, fraud, unauthorized transactions or other acts, omissions or failures of Platforms, payment providers, financial institutions or third parties.
6.7. Except where required by applicable law or applicable Platform rules, all purchases, payments, Hearts, virtual items and related transactions are final and non-refundable once completed, credited, delivered or otherwise made available to the User.
6.8. Prices, currencies, exchange rates, taxes, fees, charges, payment methods and purchasing conditions may be determined by the Licensor, the applicable Platform, payment provider or other third party and may vary by jurisdiction, location, currency, payment method, promotional offer, taxation requirements or other factors.
6.9. The User bears sole responsibility for providing and maintaining accurate, complete and current payment, billing and account information and for all purchases, charges and transactions initiated through the User's Account.
6.10. The Licensor may at any time, with or without notice, modify, suspend, restrict, replace or discontinue: (a) Additional Application Features; (b) Hearts-related mechanics; (c) virtual economy systems; (d) pricing structures; (e) reward mechanisms; (f) advertising-based rewards; and (g) any functionality associated with Hearts, virtual items or other Application Features.
6.11. Hearts and all virtual items are licensed, not sold. They do not constitute property, legal tender, currency, electronic money, stored value, securities, financial instruments or any other proprietary right, have no cash value and may not be redeemed, exchanged, transferred, assigned, sold, converted into money or otherwise monetized except where expressly permitted by the Licensor. The User acquires no ownership rights in Hearts, virtual items or related Application Features. To the maximum extent permitted by applicable law, the Licensor may modify, revoke, remove, suspend, replace, reset, expire, forfeit or discontinue Hearts, virtual items and related functionality at any time and for any reason.
6.12. Chargebacks, payment reversals, refund abuse, fraudulent activity, suspected fraud, unauthorized transactions, abuse of promotional programs, technical errors, accounting discrepancies or violations of this Agreement may, in the Licensor's sole discretion, result in immediate removal of Hearts or virtual items, reversal of virtual transactions, adjustment of balances, restriction of functionality, suspension of access or termination of the User's Account.
6.13. The User acknowledges and agrees that Hearts, virtual items, rankings, achievements, Profile attributes, virtual gifts, balances, statistics, rewards, progression systems and Application Features may change, be modified, reset, removed, suspended or discontinued at any time. The User has no vested right in the continued availability of any particular feature, status, balance, reward, progression, virtual item or Application Feature and shall not be entitled to compensation, damages, reimbursement, restitution or any other remedy arising from any such modification, suspension, removal or discontinuation.
6.14. The Licensor reserves the right, at any time and in its sole discretion, to investigate, audit, correct and remedy pricing errors, billing errors, accounting discrepancies, allocation errors, technical errors, system malfunctions, promotional errors or other inaccuracies affecting Hearts, virtual items, balances, rewards, purchases, transactions or Application Features, including by adjusting, removing, reversing, suspending or reissuing Hearts, virtual items or related benefits without liability to the User.
7.1. The User shall provide accurate information where required by the Application and shall promptly correct information that becomes inaccurate.
7.2. The User shall comply with applicable law, Platform rules, export control laws, sanctions regulations, community guidelines and other legal requirements applicable to the User's use of the Application.
7.3. The User shall not: (a) use the Application for commercial purposes; (b) modify, adapt, interfere with or create derivative works from the Application; (c) remove copyright notices, trademarks or proprietary notices; (d) sublicense, assign, transfer or sell rights granted under this Agreement; (e) reverse engineer, decompile, disassemble or attempt to derive source code; (f) analyze or investigate the Application for purposes of reproducing its functionality; (g) copy, distribute or exploit the Application beyond rights expressly granted herein; (h) disrupt, impair, overload or damage the Application; (i) use malware, malicious code, automated scripts, bots, crawlers, scraping tools or similar technologies; (j) access the Application through unlawfully obtained Accounts; (k) impersonate another person or misrepresent identity; (l) manipulate contests, rewards, rankings, Hearts, statistics or Application Features; (m) circumvent geographic restrictions or pricing structures; (n) access the Application through unauthorized methods or software; or (o) use Application data, User Content, Profiles, communications or metadata for development, training, testing or operation of artificial intelligence, machine learning or similar systems.
7.4. The User shall not upload, publish, distribute, transmit or otherwise make available content that: (a) is unlawful; (b) contains threats, harassment, abuse, discrimination or hate speech; (c) infringes privacy, publicity, intellectual property or other rights; (d) contains sexual solicitation*, explicit sexual content or pornography; (e) promotes violence, cruelty, exploitation or unlawful conduct; (f) promotes terrorism, extremism, racism, fascism or similar ideologies; (g) promotes narcotics, controlled substances, self-harm, suicide, gambling or illegal activities; (h) constitutes spam, commercial advertising, political campaigning or unauthorized solicitation; or (i) otherwise violates this Agreement, Platform rules or applicable law.
*Examples of prohibited sexual solicitation include proposals to engage in sexual activity, requests to exchange intimate photographs, invitations to communicate via webcam or telephone for sexual purposes, or other communications that may reasonably be interpreted as having a sexual context.
7.5. The User shall not: (a) harass, intimidate, humiliate or abuse other Users; (b) unlawfully collect or disclose personal data of other Users; (c) flood chats or disrupt communications; (d) threaten hacking or discuss unlawful access methods; (e) advertise services intended to manipulate Application functionality; (f) misuse intellectual property belonging to others; (g) engage in fraudulent Hearts-related activity; or (h) otherwise violate this Agreement.
7.6. The User may report violations through available reporting tools. Any conduct described in this Section 7 constitutes improper use of the Application and may result in moderation measures.
7.7. The User represents and warrants that: (i) the User is not located in a territory subject to applicable restrictions; and (ii) the User is not included on any applicable restricted-party list that would prohibit use of the Application.
8.1. The Licensor does not have the practical ability to monitor all User activity, content or communications in real time and does not guarantee detection or prevention of every violation of this Agreement.
8.2. The Licensor may use automated systems, machine learning technologies, artificial intelligence tools and human moderators in connection with operation, moderation, safety, recommendations, enforcement and security of the Application. Such systems may generate inaccurate, incomplete, delayed, misleading, inappropriate or erroneous outputs, including false positives and false negatives. Any automated outputs, recommendations, rankings, matches, moderation decisions, assessments or similar results are provided solely for convenience and informational purposes and shall not be relied upon as factual, professional or safety-related advice. The use of such systems shall not create any duty, warranty or obligation on the part of the Licensor to detect, prevent or eliminate prohibited conduct.
8.3. Moderation may be performed by Moderators, the Licensor and automated systems acting on behalf of the Licensor.
8.4. To enforce this Agreement and protect the Application, the Licensor and Moderators may: (a) monitor User activity; (b) review, preserve, archive, collect and process User Content, communications, logs, metadata and account information; (c) issue warnings, notices and requests for compliance; (d) modify, remove, disable access to, restrict or delist User Content; (e) modify Profiles that violate this Agreement; (f) adjust statistics, rankings, Hearts balances or other Application data affected by violations; (g) restrict, suspend, terminate or restore access to the Application or specific functionality; (h) implement age-gating, geo-restrictions or other compliance measures; (i) cooperate with law enforcement authorities, regulators, Platforms and third parties where required or reasonably necessary; and (j) exercise any other rights expressly provided by this Agreement or applicable law. The Licensor may report suspected unlawful activity, illegal content, threats or criminal conduct to competent governmental, regulatory or law-enforcement authorities and may cooperate with such authorities to the extent permitted or required by law.
8.5. The User shall not: (a) submit knowingly false, abusive or malicious complaints; (b) repeatedly abuse moderation procedures; or (c) communicate with Moderators or the Licensor in an abusive or harassing manner. The User shall comply with lawful instructions, requests and notices issued by the Licensor or Moderators.
Where the User violates this Agreement, the Licensor may restrict, suspend, limit or terminate access to the Application, in whole or in part, temporarily or permanently. Restoration of access, where permitted, shall be determined solely by the Licensor. Access may also be restricted, suspended or terminated by Platforms, App Store providers or other third parties whose services are used in connection with the Application. The Licensor shall not be responsible for such decisions and may take corresponding measures to comply with applicable requirements.
10.1. THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, RELIABILITY AND UNINTERRUPTED OPERATION.
THE LICENSOR DOES NOT WARRANT THAT: (a) THE APPLICATION WILL MEET USER EXPECTATIONS; (b) THE APPLICATION WILL BE AVAILABLE AT ALL TIMES; (c) ERRORS OR DEFECTS WILL BE CORRECTED; (d) THE APPLICATION WILL BE COMPATIBLE WITH ALL DEVICES OR SYSTEMS; OR (e) USER CONTENT, COMMUNICATIONS OR USER CONDUCT WILL BE ACCURATE, TRUTHFUL, SAFE OR LAWFUL.
THE USER USES THE APPLICATION ENTIRELY AT THE USER'S OWN RISK AND AGREES NOT TO RELY ON INFORMATION, CONTENT, RECOMMENDATIONS, RANKINGS, STATISTICS, PROFILES OR COMMUNICATIONS AVAILABLE THROUGH THE APPLICATION AS A SUBSTITUTE FOR INDEPENDENT JUDGMENT.
10.2. The Licensor shall not be liable for any failures, interruptions, delays, defects, malfunctions, unavailability, errors or degradation of performance arising from or relating to: (a) Platforms or App Stores; (b) payment providers, financial institutions or banking systems; (c) hosting providers, cloud infrastructure or data centers; (d) communication networks, internet service providers or telecommunications services; (e) third-party software, hardware, APIs, SDKs, integrations or services; or (f) any circumstances beyond the Licensor's reasonable control, whether occurring directly or indirectly.
10.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) THE LICENSOR SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES WHERE THE LICENSOR IS NOT AT FAULT; (b) THE AGGREGATE LIABILITY OF THE LICENSOR AND ALL PROTECTED PARTIES ARISING OUT OF OR RELATING TO THE APPLICATION OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (i) EUR 100; OR (ii) THE TOTAL AMOUNT ACTUALLY PAID BY THE USER TO THE LICENSOR DURING THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, UNLESS A GREATER AMOUNT IS REQUIRED BY MANDATORY LAW.
10.4. THE LICENSOR SHALL NOT BE LIABLE FOR RESTRICTIONS, LIMITATIONS, SUSPENSIONS OR TERMINATIONS OF ACCESS RESULTING FROM DECISIONS, REQUIREMENTS, POLICIES OR ACTIONS OF PLATFORMS, APP STORES OR OTHER THIRD PARTIES.
10.5. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR AND ALL PROTECTED PARTIES SHALL NOT BE LIABLE FOR: (a) LOSS OF PROFITS; (b) LOSS OF REVENUE; (c) LOSS OF BUSINESS OPPORTUNITY; (d) LOSS OF GOODWILL; (e) LOSS OF REPUTATION; (f) LOSS OF DATA; (g) LOSS OF CONTENT; (h) LOSS OF HEARTS OR VIRTUAL ITEMS; (i) LOSS OF ACCOUNT ACCESS; (j) LOSS OF EXPECTED SAVINGS; (k) EMOTIONAL DISTRESS; (l) PERSONAL RELATIONSHIP ISSUES; (m) BUSINESS INTERRUPTION; OR (n) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES.
The Licensor shall not be liable for deletion, corruption, loss, alteration, unavailability or failure to store any content, data, messages, Profiles, statistics, rankings, Hearts or virtual items. The Licensor shall not be liable for force majeure events, governmental actions, war, terrorism, sanctions, labour disputes, cyberattacks, infrastructure failures, internet outages or failures of third-party providers. The Licensor and all Protected Parties shall not be liable for any communications, interactions, relationships, meetings, exchanges of information, transactions or other dealings between Users or between a User and any third party, whether occurring online or offline, nor for any consequences arising therefrom.
10.6. The Application may contain links to third-party services, websites or resources. The Licensor does not control, endorse or assume responsibility for such resources and shall not be liable for losses arising from their use.
10.7. The User bears sole responsibility for all actions performed through the Application and for all content uploaded, transmitted, published or shared by the User.
10.8. The Licensor does not control the content of advertising materials delivered by independent advertising networks and shall not be responsible for such materials. Advertising content may be delivered by third-party advertising providers, including AppLovin or successor advertising networks selected by the Licensor from time to time.
10.9. The Licensor shall not be liable for inaccurate, incomplete, false, misleading or outdated information, content, communications, Profiles or representations made available by Users, nor for any decisions, actions, omissions, transactions, communications or relationships undertaken by any person in reliance upon such information. The Licensor may use publicly available Profile information, Avatars, rankings, achievements and similar Application content for promotional, informational, advertising and marketing purposes in accordance with applicable law and the Privacy Policy.
10.10. The User shall indemnify, defend and hold harmless the Licensor and all Protected Parties from and against claims, actions, proceedings, liabilities, losses, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or relating to: (a) use of the Application; (b) User Content; (c) breach of this Agreement; (d) violation of law; (e) infringement of third-party rights; (f) fraud, chargebacks or payment disputes; (g) interactions with other Users; or (h) claims brought by Platforms, regulators, service providers or third parties arising from the User's conduct.
10.11. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS ARISING OUT OF OR RELATING TO THE APPLICATION OR THIS AGREEMENT MUST BE BROUGHT SOLELY IN THE USER'S INDIVIDUAL CAPACITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE USER AGREES NOT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR SIMILAR PROCEEDING ARISING OUT OF OR RELATING TO THE APPLICATION OR THIS AGREEMENT. THE USER WAIVES ANY RIGHT TO PARTICIPATE IN OR ACT AS A REPRESENTATIVE, MEMBER OR CLAIMANT IN ANY CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR SIMILAR PROCEEDING.
11.1. The Licensor may be contacted at support@cyboma.gg. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Cyprus and disputes arising out of or relating to this Agreement shall first be addressed through good-faith negotiations. If a dispute is not resolved within forty-five (45) days, either party may submit the dispute to the competent courts of the Republic of Cyprus or, where required by mandatory consumer protection law, the courts of the User's country of residence.
11.2. The User may submit complaints, claims, requests, notices or inquiries relating to the Application directly to the Licensor. Except where otherwise required by law or Platform rules, such matters shall be handled by the Licensor rather than any Platform operator. The Licensor shall have no obligation to respond within any particular timeframe, to provide any specific outcome or remedy, or to respond to any complaint, claim, request, notice or inquiry.
11.3. The User may report violations of this Agreement, including misconduct by other Users, through available reporting mechanisms. Submission of a report does not create any obligation on the part of the Licensor to investigate, act upon, remove content, restrict any User, implement any enforcement measure or provide any response regarding the outcome of such report.
11.4. Any person who believes that content available through the Application infringes intellectual property rights may submit a notice containing sufficient information to identify: (a) the protected work or right; (b) the allegedly infringing content; and (c) the basis of the complaint. The Licensor may, but shall have no obligation to, investigate, remove, disable access to, restrict, preserve or otherwise take action with respect to the relevant content and may request additional information before taking any action. The Licensor shall not be liable for any action or inaction taken in connection with any such notice, complaint or investigation.
11.5. Requests, notices and complaints may be submitted: (a) through the Spin the Bottle Telegram chatbot (https://t.me/cilizbot); or (b) through the contact email address designated by the Licensor. The Licensor may modify, replace, suspend or discontinue any communication channel at any time without notice and may designate alternative communication channels from time to time.
12.1. The User may terminate this Agreement at any time by requesting deletion of the User's Profile through the contact channels designated by the Licensor. The Licensor may require reasonable verification of the User's identity before processing such request and may retain information, records, logs, communications and other data to the extent required or permitted by applicable law or reasonably necessary for legal compliance, dispute resolution, fraud prevention, security, enforcement of this Agreement or legitimate business purposes.
12.2. Access to the Application depends upon the existence of the User's Profile and Account. Upon deletion of the Profile or termination of this Agreement: (a) access to Application Features may cease immediately; (b) Hearts, virtual items, statistics, rankings, Profile information and other Application-related benefits may be permanently deleted, removed, forfeited or become inaccessible; and (c) except where required by applicable law, the User shall not be entitled to any compensation, damages, reimbursement, refund, repayment, restitution or other remedy arising out of or relating to such deletion or termination.
13.1. This Agreement replaces and supersedes all prior versions of the Terms of Use governing the Application as of the Effective Date. The Licensor may amend, modify or update this Agreement at any time and may provide notice of material changes through the Application, a Platform, email, website publication or any other reasonable means. Continued access to or use of the Application on or after the Effective Date, or after any effective date specified by the Licensor in connection with a subsequent amendment, modification or update, constitutes acceptance of this Agreement, including any amended, modified or updated version thereof. If the User does not agree to this Agreement or any amended, modified or updated version thereof, the User must discontinue use of the Application.
13.2. If any provision of this Agreement is held invalid, illegal, unenforceable or void, such provision shall be severed and the remaining provisions shall remain in full force and effect.
13.3. The Licensor may assign, transfer, novate, subcontract, delegate or otherwise dispose of this Agreement, in whole or in part, including in connection with a merger, acquisition, corporate reorganization, sale of assets or operation of law, without the User's consent. The User may not assign, transfer, delegate, sublicense or otherwise dispose of any rights or obligations under this Agreement without the Licensor's prior written consent.
13.4. Any provisions which by their nature should survive termination, including intellectual property provisions, licenses, disclaimers, limitations of liability, indemnities, dispute-resolution provisions and payment-related provisions, shall survive termination of this Agreement.
13.5. This Agreement, together with the Privacy Policy and documents expressly incorporated by reference, constitutes the entire agreement between the User and the Licensor concerning the Application and supersedes prior understandings relating to its subject matter.
13.6. Failure by the Licensor to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.
13.7. Without limiting the generality of the foregoing, certain Application Features may be designated as experimental, beta, test, preview or early-access features. Such features may contain defects, may be incomplete, may change at any time and may be modified, suspended or discontinued without notice. Experimental features are provided on an "AS IS" and "AS AVAILABLE" basis.