Terms of Service

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1. Introduction

Legal Status: Darnelix is currently operated by an individual developer under the trade name “Darnelix” and is not yet incorporated as a legal entity. References to “Darnelix,” “we,” “us,” or “our” refer to the individual operating under this name. If and when Darnelix becomes incorporated, these Terms will continue to apply and references to Darnelix shall refer to the incorporated entity. Such incorporation shall not affect the validity, enforceability, or continuity of these Terms with respect to prior or ongoing use of the Services.

These Terms of Service (“Terms”) constitute a binding legal agreement between Darnelix (“Darnelix”, “we”, “us”, or “our”) and you (“you” or “your”). The Terms set out how you may use the website darnelix.com (“Website(s)”), other dedicated websites (such as matchtitans.com), our games, applications, forums and services we offer through our apps on any platform (all collectively referred to in these Terms as our “Services”). All references to “you” or “your,” as applicable, mean the person who accesses, uses, or participates in the Services in any manner.

As a precondition for using the Services, you must agree to these Terms. If you are at least 13 years old but have not yet reached the age of majority in your jurisdiction, you may only use the Services with the consent of your parent or legal guardian. By permitting a minor to use the Services, the parent or legal guardian agrees to be bound by these Terms and accepts full responsibility for the minor’s use of the Services, including any purchases of Virtual Items.

Nothing in these Terms is intended to limit or exclude your rights under any mandatory consumer laws in your jurisdiction of residence. If you do not agree to these Terms or the Privacy Policy, you are not permitted to use the Services or any Virtual Items, or to create an Account.

Unless otherwise specified, the Services do not require you to pay money to use or download but may contain features that may allow you to make purchases within the Services. You may be required to have an internet connection to access or use the Services. You are responsible for any internet connectivity or mobile charges you may incur by accessing or using the Services.

The Services are not intended for use by children under the age of 13.

2. Scope of Application

These Terms apply to all products, games, applications, websites, and services operated, published, or otherwise provided by Darnelix, including but not limited to mobile games, web-based services, related websites, online features, community channels, and social media pages (collectively, the “Services”), unless a specific product or service is governed by separate terms or policies.

Where additional or separate terms apply to a specific product or service, those terms shall apply in addition to, or where expressly stated, instead of these Terms. In the event of a conflict, the applicable product-specific terms shall prevail solely to the extent of the conflict.

Darnelix may operate one or more games, applications, or digital services from time to time.

For the purposes of these Terms, “competitions” refers to any gameplay modes, rankings, events, or challenges offered through the Services.

3. Limited License and Access

Subject to your agreement and continued compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Services for your personal, non-commercial use, solely for the purpose of accessing and using the Services in accordance with these Terms. The rights granted to you are subject to your compliance with these Terms. You agree not to use the Services for any other purpose.

Except as set forth above, you do not receive any other license. Darnelix retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade names, trade secrets, proprietary rights, patents, titles, themes, computer codes, audiovisual effects, sound effects, musical works, characters, character names, stories, dialogue, settings, artwork, gameplay recordings made using the Services, moral rights, in each case whether registered or not and all applications thereof. Unless expressly authorized by applicable law, the Services may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without Darnelix’s prior written consent. Darnelix reserves all rights not expressly granted to you herein.

The Services and their content are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Services, including, but not limited to, the Virtual Items appearing in or originating from the Services, whether earned in the Services or purchased from Darnelix or its authorized partners. You may not copy, reproduce, distribute, or create derivative works from the Services or any part of them without Darnelix’s prior written consent.

You may choose to or we may invite you to submit comments or feedback about the Services, including without limitation about how to improve the Services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Darnelix under any fiduciary or other obligation, that we are free to disclose the Feedback on a non-confidential basis to anyone or otherwise use the Feedback without any additional compensation to you. Except as expressly set forth herein, no right or license is granted hereunder, express or implied, to any intellectual property rights and your use of the Services does not convey or imply the rights to use the Services in combination with any other information or products. If you provide Darnelix with feedback or other ideas, you agree that Darnelix is free to use any feedback provided by you for any purpose without compensation to you, including, without limitation, improving its products and services and creating derivative products.

Third-Party Assets: The Services may contain certain assets, including but not limited to sound effects, visual effects, music, or art, that are licensed to us from third-parties. These elements remain the property of their respective owners and are used by Darnelix under valid licenses. Your use of the Services does not grant you any ownership rights or independent usage rights to these third-party licensed materials.

4. Account Registration and Security

To access certain features of the Services, you may be required to create an account or otherwise register with the Services (“Account”). You may be required to select a password for your Account or you may also use other credentials to access the Account (“Login Information”). You agree to provide accurate, current, and complete information and keep it updated. You may only register for a single account per Service, unless expressly permitted otherwise. Each account is personal to the individual who registers it. You agree that you will not share your account credentials or permit any other person to access or use your account.

You are responsible for keeping your account information secure. Please do not share your account information with anyone and notify us right away if you have lost control of your password or you suspect there is unauthorized activity in your account. You remain fully liable for any actions taken with respect to your account, regardless of whether these actions were taken by you or an unauthorized third-party that has gained access to your account.

As the holder of your account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (i) access your account; or (ii) access the Services through your account. Neither your account nor any Virtual Items (as defined below) associated with your account are transferable to any other person or account, except as explicitly permitted in these Terms or the Services.

You agree that you have no ownership or property interest in or to any account. We reserve the right, after reasonable notice where required by applicable law, to delete your Account if we observe no activity by you in relation to the Account for 180 days or more. In such event, you may no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you. Any associated Virtual Items will be forfeited in accordance with Section 14 (Virtual Items).

You agree to update any provided information or data or to provide additional items as part of ongoing efforts to prevent illegal and fraudulent activities, or to comply with any other policies or protocols we elect to put in place. You agree that all information and data that you provide to us either at the time you register for an account or at any subsequent time will be truthful, accurate and verifiable in all respects and, by providing such information and data, you consent to us submitting it to third-party providers to verify your account and to prevent fraud.

In order to encourage users to succeed in our games, we may publish and make publicly visible data relating to the most successful users in the games according to various categories of users and statistics, as determined at our sole discretion. We may publish such statistics pertaining to successful users and create informal competitions between various categories of users in a manner which shall be accessible to all users of the game. By using the Services, you consent to such publication of gameplay-related data as described above.

5. Compliance with Laws

You are solely responsible for your compliance with all applicable laws. Use of the Services is void where prohibited or restricted by applicable law. Your participation in the Services is at your own risk, and you agree not to hold us responsible or liable if the laws of your jurisdiction restrict or prohibit your access or participation in the Services. We make no representations or warranties, express or implied, as to the lawfulness of your participation in any competition or use of Services, nor shall any person affiliated with, or claiming affiliation with, us have authority to make any such representations or warranties. We reserve the right (but have no obligation) to monitor the location from which you access the Services, and we may block access from any prohibited jurisdiction.

6. Code of Conduct

You agree that you will not, under any circumstances:

  • Use the Services in violation of any applicable law or regulation or these Terms.
  • Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods, except as expressly permitted by Darnelix, or any unauthorized third-party software designed to modify or interfere with the Services. For the avoidance of doubt, this restriction does not apply to automated players (“Bots”) operated by Darnelix as described in Section 15 (Use of Automated Players (“Bots”)).
  • Use the Services for commercial purposes, including, but not limited to, to advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.
  • Use the Services for fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services.
  • Disrupt, interfere with, or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users’ experience when using the Services.
  • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.
  • Attempt to gain unauthorized access to the Services, to accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Darnelix, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Services.
  • Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is harmful, abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.
  • Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.
  • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Darnelix or its representatives.
  • Make available through the Services any material or information that violates any applicable law or regulation or infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, Darnelix or its representatives.
  • Unless specifically authorized by applicable law, attempt to reverse engineer, decompile, disassemble, or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Darnelix, or to obtain any information from the Services using any method not expressly permitted by Darnelix.
  • Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services.
  • Engage in or facilitate the trading, exchange, or other transfer of Accounts or Login Information (as defined in Section 4 (Account Registration and Security)) or Virtual Items, either for money or anything else of value or otherwise, outside the Services or in any other manner not explicitly provided or authorized by Darnelix.
  • Harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.
  • Post anyone’s private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Services.
  • Engage in any act that Darnelix deems to conflict with the spirit or intent of the Services or make improper use of Darnelix’s support services.
  • Create derivative works of the Services.

You shall be solely responsible for any and all content of any kind that you make available (by uploading or otherwise) or use through the Services.

You represent and warrant to us that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Services. Anyone who engages in, participates in, or displays behavior that may be interpreted, in our sole discretion, as unfair methods in participating in the Services, including but not limited to any of the behavior listed above, will be subject to immediate sanction, which may include, without limitation: (i) immediate termination of your account and blocking of your access to the Services; and (ii) any Virtual Items that you may otherwise have been entitled to receive shall be void and forfeited.

Any attempt to deliberately damage the Services or undermine the legitimate operation of any competition is a violation of criminal or civil laws and should such an attempt be made, Darnelix reserves the right to seek damages and other remedies from you to the fullest extent permitted by law.

For clarity, automated players (“Bots”) used by Darnelix as described in the section titled “Use of Automated Players (“Bots”)” are permitted and do not constitute cheating.

7. Third-Party Services

The Services may link to or otherwise make available third-party products or services including, but not limited to, through third-party advertisements, connectivity to social media or community services, or gameplay recording or sharing services, websites, apps, services, offerings, products or other activities (“Third-Party Services”) that are not owned or controlled by us. These links are provided as a convenience to you and do not signify that Darnelix endorses or is liable in any way for the content, products, services or materials displayed or offered by such Third-Party Services. Your use of such Third-Party Services is made at your own risk and shall be subject to the terms of use of such Third-Party Services. You acknowledge that Darnelix has no liability for your use of Third-Party Services. Any problems or complaints that you may have with regard to such Third-Party Services should be directed to such third-parties. Darnelix is not liable to you for any losses or harm caused by such third-parties or any charges you incur in relation to such third-parties. You understand that when you provide data to such third-parties you are providing it in accordance with their Privacy Policy (if any) and you understand Darnelix’s Privacy Policy does not apply to such data.

8. Additional Terms for Google Users

This section applies only if you access or download the Services via Google Play.

By downloading the Services from Google Play Store or one of its affiliates (“Google”), you specifically acknowledge and agree that: (a) to the extent of any conflict between (i) the Google Play Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (ii) these Terms; the Google Play Terms shall apply with respect to your use of the Services that you downloaded from Google Play, and (b) you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Darnelix or you (or any other user) under these Terms or the Google Play Terms.

9. Additional Terms for Apple Users

This section applies only if you access or download the Services via Apple App Store.

If you have downloaded the Services from the Apple, Inc. (“Apple”) App Store or if you are using the Services on an iOS device, you acknowledge that you have read, understood, and agreed to the following notice regarding Apple. These Terms are between you and Darnelix only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App, subject to Apple’s applicable terms and policies to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third-party relating to the Services or your possession or use of the Services, including: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services or your use of the Services infringe that third-party’s intellectual property rights.

You agree to comply with any applicable third-party terms, when using the Services. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of these Terms. Solely as required by Apple, you hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

10. Limitation of Liability

Under no circumstances shall Darnelix and its representatives (collectively, the “Darnelix Entities and Individuals”), be liable to you for any loss or damages of any kind. This includes, without limitation, any special, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to (i) the Services, any related websites, or your uploaded information; (ii) the use of, inability to use, or performance of the Services; (iii) any action taken in connection with an investigation by Darnelix or law enforcement authorities regarding your use of the Services; (iv) any action taken in connection with copyright owners; or (v) any errors, omissions or defects in the technical operation of the Services, even if foreseeable or even if the Darnelix Entities and Individuals have been advised of the possibility of such damages, whether in an action of contract, negligence, or strict liability tort. In no event will the Darnelix Entities and Individuals be liable to you or anyone else for loss or injury, to the fullest extent permitted by applicable law, arising from your use of the Services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

In no event shall the Darnelix Entities and Individuals’ total liability to you for all damages, losses, or causes of action exceed one hundred U.S. dollars (USD 100) or the equivalent in local currency, whichever is greater. The Darnelix Entities and Individuals are not responsible for any damage to your and any third-parties’ computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. If you are dissatisfied with any of the Services, your sole and exclusive remedy is to discontinue accessing and using the Services. You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Darnelix’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any Services or other properties owned or controlled by Darnelix and you will have no right, to the extent permitted by applicable law, to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Services, your uploaded information on the Services, or any and all activities or actions related thereto.

Some jurisdictions do not allow certain limitations of liability such as those stated in this Section; thus, the above terms may not apply to you. Instead, in such jurisdictions, the limitations of liability in this Section shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these Terms will infringe upon any statutory rights you may have as a consumer of the Services.

By accessing the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. Accordingly, you agree to waive the benefit of any law, including, where applicable, California Civil Code section 1542 or any similar law, that otherwise might limit your waiver of such claims.

11. Health and Safety Warning

Some individuals may experience epileptic seizures when exposed to certain light patterns or flashing lights, including some of the visual effects that appear in certain video games. Symptoms may even be experienced by individuals with no history of epilepsy or photosensitivity. If you or anyone in your family have an epileptic or photosensitivity condition, please consult your physician before playing any of our video games.

If you experience any of the following symptoms while playing any of our video games, immediately discontinue use and consult your physician before resuming play: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

This section applies to copyright notices submitted under applicable copyright laws, including the DMCA where applicable. Trademark infringement claims are handled under applicable trademark laws and procedures.

We respond to notices of copyright infringement that meet the requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). If you believe that any content or other aspect of the Services constitutes copyright infringement, please submit a notice of alleged infringement to Darnelix via email to: legal@darnelix.com, with the following information:

  • Your name, address, telephone number, and email address;
  • A detailed description of the copyrighted work that you claim has been infringed;
  • The URL or a detailed description of where the material that you claim is infringing is located;
  • Your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law;
  • Your statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner; and
  • A physical or electronic signature of the owner of the copyright at issue or person authorized to act on their behalf.

Please note that under Digital Millennium Copyright Act, 17 U.S.C 512(f), you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to Darnelix.

12.2 Repeat Infringer Policy

If you repeatedly violate these Terms by infringing third-party intellectual property rights, we reserve the right to take adverse action against you, including suspension or termination of your access to the Services.

13. Disclaimer of Warranties

To the fullest extent permissible under applicable law, the Services are provided to you on an “as is”, “as available” and “with all faults” basis, without any warranty, assurances, or guarantees of any kind, either express or implied. The Services may have defects, and your use is solely at your risk. Darnelix does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. Darnelix does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by Darnelix or its representatives constitute a warranty.

You acknowledge and agree that: (i) you assume full responsibility for your use of the Services; (ii) your use of the Services is at your own risk; and (iii) any information you send or receive during your use of the Services may not be secured and may be intercepted or later acquired by unauthorized parties. Darnelix strives to keep its Services up and running. However, we do not guarantee that the Services will be available at all times or at any given time or that we will continue to offer the Services for any particular length of time. We make no warranty or representation regarding the availability of the Services and reserve the right to modify or discontinue the Services, or any part thereof in our sole discretion without notice, including for example for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience.

In addition, Darnelix is not responsible in any way for your use of the Services on or for your Device, including for any communication or other errors in such Services or Device. Darnelix does not provide any warranty regarding the Services or any related applications or websites, or any service or content made available through the Services and expressly disclaims: availability, accuracy of the information displayed about statistics related to the Services, technical errors in the Services, usability, quality, appropriateness, reliability, timeliness, serviceability, warranty of title, non-infringement, merchantability, legality, or fitness for particular purpose. Darnelix does not warrant or guarantee protection from viruses or other computer system malware. We may change and update the Services without notice to you. Darnelix does not guarantee that any competitions you participate in will be fair or that other players will not cheat in such games. We do not and cannot take responsibility for any losses to your account.

Some jurisdictions limit or do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these Terms shall infringe upon the statutory rights that you may have as a consumer of the Services. Additional disclaimers may appear within the Services and are incorporated herein by reference. To the extent any such disclaimers place greater restrictions on your use of the Services or the content contained therein, such greater restrictions shall apply.

14. Virtual Items

The Services may include an opportunity to earn or obtain virtual, in-game currency, including but not limited to virtual coins, points, credits, bonuses, collectibles or chips and any other in-game items or collection, all for use in the Services (“Virtual Items”). Virtual Items can be either earned or obtained within the Services. Virtual Items are licensed to you by us for your personal use through the Services, subject to the limitations and other terms set out in greater detail below. Regardless of any reference Darnelix might make outside these Terms to purchasing or selling Virtual Items, you acknowledge and agree that such Virtual Items are licensed, not sold, to you under these Terms.

Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from Darnelix or any other party. You understand that you have no right or title in the Virtual Items appearing or originating in any of our Services, or any other attributes associated with an account or stored on the Services. You may not transfer, purchase, sell, or exchange Virtual Items except as permitted from within the Services. You may not attempt to sell, give or trade in the “real world” anything that appears or originates in the Services unless otherwise expressly authorized by Darnelix in writing.

Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of the Services, without Darnelix’s written permission. Doing so is a violation of these Terms and may result in termination of your account or legal action taken against you, any such transfer or attempted transfer is prohibited and void. Darnelix retains the right to manage, regulate, control, modify or eliminate Virtual Items at its sole discretion, and Darnelix shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. In addition to the foregoing, Darnelix may selectively remove or revoke Virtual Items associated with your account in its sole discretion.

Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Items may only be acquired or awarded from us or through means we provide on our Services or otherwise expressly authorize. Darnelix does not recognize any purchases or transfers made outside of the Services on any other platform or e-commerce website and shall not be liable for any claims or damages caused to the users with respect to Virtual Items purchased or obtained from third-parties, and not through the means provided within the Services.

You acknowledge that Darnelix is not required to provide a refund for any other reason, and that you will not receive money or other compensation for unused Virtual Items when an account is closed, whether such closure was voluntary or involuntary. All Virtual Items are forfeited by you if your account is terminated or suspended for any reason, in Darnelix’s sole and absolute discretion, or if the Services are no longer available. If your account is terminated, suspended or if any Virtual Items are selectively removed or revoked from your account, no refund will be granted, no Virtual Items will be credited to you or converted to cash or other forms of reimbursement.

If you are a consumer based in the European Economic Area (“EEA”), you may have the right to withdraw from the purchase of a license to a Virtual Item or a Service and reimbursement within 14 days from purchase. To withdraw from the purchase of a license to a Virtual Item, you must inform the relevant Merchant of Record of your decision to withdraw (e.g. Apple, Google Play etc.). Withdrawal will be handled solely by the relevant Merchant of Record in accordance with its own policies and procedures.

Purchases of Virtual Items are processed by third-party platforms acting as the Merchant of Record (such as Apple or Google), and Darnelix does not process or store payment card information.

15. Use of Automated Players (“Bots”)

From time to time, we may use automated players (“bots”) within the Services. This is a common practice in the mobile gaming industry and helps ensure a consistent, smooth, and engaging gameplay experience. Bots may be used, for example, when real players are not immediately available for matchmaking, during periods of low connectivity, or when technical limitations prevent real-time multiplayer matching. We may also use bots to assist new or first-time players in becoming familiar with the gameplay experience. Bots are used solely to maintain game functionality, balance, and accessibility for all users.

Automated players do not represent real human users and may behave differently from human players.

16. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold Darnelix Entities and Individuals harmless from any loss, damage, claim, liability, cost, demand and expense, including reasonable attorneys’ fees, arising in any way from your use of or access to the Services, including, without limitation, (i) any data or work transmitted or received by you; (ii) your violation of these Terms, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of any jurisdiction as applicable to you and Darnelix; (v) any claims or damages that arise as a result of any content or information you submit, upload, or transmit through the Services or any other content that is submitted via your account; (vi) any other party’s access and use of the Services with your account; or (vii) any other claim made by any third-party in connection with your use of the Services.

Darnelix may elect to have control of the defense or settlement of any third-party claim, demand, action, or proceeding, which shall be exercised in Darnelix’s sole discretion, against any third-party claim, demand, action, or proceeding.

17. Suspension and Termination

Darnelix reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the Services, with or without notice, unless prohibited by applicable law. You agree that Darnelix shall not be liable to you or any third-party for any modification, suspension or discontinuance of the Services.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU, TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF THE SERVICES.

Without limiting any other remedies available to Darnelix, if Darnelix believes that you are in breach of these Terms, Darnelix reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend, and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any game progression or benefits and privileges associated with you, such as any level or score you have reached in the Services.

You may terminate your account at any time and for any reason by following the instructions provided in the Services. Upon termination of your account, you must immediately discontinue use of the Services and your account. Immediately upon termination of your account, all licenses and rights granted to you under these Terms automatically terminate and you continue to be bound by these Terms. Darnelix may, at its sole discretion, deny or delay a request to terminate your account, if it has any reason to believe, in its sole discretion, that you have breached your obligations under these Terms, or any applicable laws.

18. Dispute Resolution

We encourage you to contact us first at legal@darnelix.com to resolve any concerns informally before taking legal action. We will use reasonable efforts to resolve disputes in good faith.

These Terms and any disputes or claims arising out of or in connection with them, the Services, or your use of the Services shall be governed by the laws of the Republic of North Macedonia. If you are habitually resident in another country, you may also rely on any mandatory consumer protections afforded to you by the laws of that country.

The courts of the Republic of North Macedonia shall have jurisdiction to settle any disputes, without prejudice to any mandatory rights you may have to bring proceedings in your local court.

To the maximum extent permitted by applicable law, you and Darnelix agree that any dispute, claim, or proceeding will be conducted only in your individual capacity and not as a claimant, class member, representative, or in any other collective or consolidated action. Unless both you and Darnelix expressly agree in writing, no court, arbitrator or tribunal shall consolidate or join any claim with that of another party, or otherwise preside over any form of representative or class proceeding. Any relief granted in a dispute will apply only to you and will not extend to any other user.

Nothing in this section shall exclude or limit any rights that you may have under mandatory laws in your country of residence, including rights under consumer protection legislation which may allow certain forms of collective redress.

19. Modification of Terms or Services

We reserve the right, at any time in our sole discretion, to amend or replace any part of these Terms and any document referred to herein, or any part thereof, at any time in response to changing legal, technical or business developments. When we update these Terms, we will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes made. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms. Your continued use of the Services after such notice confirms your consent to and acceptance of such amendment. The most current version of these Terms will govern your use and access of the Services, including without limitation any content made available on or through the Services. If you object to any such changes, your sole recourse is to cease accessing the Services.

We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, and unless prohibited by applicable law to: (i) stop offering or supporting the Services or any particular game or part of the Services; (ii) terminate or suspend your license to use the Services or any part of it; (iii) modify or discontinue the Services; (iv) modify or remove any of the information contained in the Services; (v) limit the Services’ availability to any person, geographic area, or jurisdiction we choose; (vi) charge fees in connection with the use of the Services; (vii) modify or waive any fees charged in connection with the Services; or (viii) offer opportunities to some and all users of the Services. If that happens, Darnelix is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Services or for Virtual Items previously awarded or purchased. You agree that we will not be liable to you or to any third-party for any modification, suspension or discontinuance of the Services, in whole or in part. Your continued use of the Services after such changes will indicate your acceptance of such changes in the Services and in these Terms.

20. No Waiver and Force Majeure

Darnelix’s failure to exercise or enforce any right or provision in these Terms shall not be considered a waiver of such right or provision, unless agreed upon in writing. Darnelix will not be responsible for any failures to fulfill any obligations due to causes beyond its reasonable control, nor will be responsible or liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemic, pandemic, or public health emergency, governmental measures, strikes, war, terrorism, civil unrest, interruption of utilities or communication networks, internet or hosting outages, or shortages of labor, materials or transport.

21. Assignment of Rights

You may not transfer, assign, sub-license, or pledge in any manner your account or any of your rights or obligations under these Terms. Darnelix may transfer, assign, sub-license, or pledge in any manner any of its rights and obligations under these Terms to any subsidiary, affiliate, or successor thereof or to any third-party whatsoever, without notifying you or receiving your consent.

22. Entire Agreement and Severability of Clauses

The Terms posted on this page, and the policies and agreements that are incorporated herein by reference, as amended, constitute the complete and final agreement between you and Darnelix with respect to your use of the Services and may not be modified by you except in writing, duly signed by you and an authorized representative of Darnelix. If any part of these Terms is held by a court of law to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.

23. Notices

All notices given by you or required from you under these Terms must be in writing and addressed to: legal@darnelix.com. Any notices that you provide without compliance with this section may be deemed ineffective.

24. Survival

You agree that the following provisions of these Terms shall survive termination of the Services for any reason: Compliance with Laws, Code of Conduct, Third-Party Services, Limitation of Liability, Copyright and DMCA, Disclaimer of Warranties, Virtual Items, Indemnification, Dispute Resolution, Assignment of Rights, Entire Agreement and Severability of Clauses, and Notices.

25. Language

You acknowledge that these Terms, and all related documents (including any rules and the Privacy Policy) have been prepared in English. If these Terms are translated into another language, in the event of a conflict the English version prevails.

26. Contact Us

If you have any questions about these Terms or Darnelix’s Services in general, please contact us at: legal@darnelix.com. Subject to the content of your inquiry, Darnelix may request that you provide additional information in order to allow the appropriate handling of your inquiry.