Terms of Service

Welcome to PlayTela

Last Updated: March 23, 2025

These Terms of Service ("Terms") constitute a legally binding agreement between you and PlayTela ("we," "us," or "our") governing your access to and use of the PlayTela website, services, and games (collectively, the "Service").

By accessing or using PlayTela, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Service.

1. Acceptance of Terms

By accessing or using PlayTela, you acknowledge that you have read, understood, and agreed to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference. If you are using the Service on behalf of a company, organization, or other entity, you represent that you have the authority to bind such entity to these Terms.

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least 13 years of age to access or use the Service. If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you may only use PlayTela under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2.2 Account Creation

While many features of PlayTela are available without registration, certain features require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to disable any user account if we believe you have violated these Terms.

3. User Conduct

3.1 Prohibited Activities

When using PlayTela, you agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for any illegal purpose or in violation of any local, state, national, or international law
• Attempting to gain unauthorized access to other user accounts, computer systems, or networks
• Interfere with or disrupt the integrity or performance of the Service
• Circumvent, disable, or otherwise interfere with security-related features
• Use any robot, spider, crawler, scraper, or other automated means to access the Service
• Attempt to decompile, reverse engineer, or disassemble any software contained on the Service
• Harvest or collect email addresses or other contact information of other users
• Impersonate another person or entity or misrepresent your affiliation with a person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service

3.2 User Content

You may be able to post, upload, or submit content to certain areas of the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with providing the Service.

You represent and warrant that:

• You own or have the necessary rights to use and authorize us to use all intellectual property rights in and to any User Content
• The User Content does not violate the rights of any third party
• All User Content complies with these Terms and applicable law

We reserve the right to remove any User Content that violates these Terms or that we find objectionable for any reason.

4. Games and Gameplay

4.1 Game Access

PlayTela provides access to various free online games. We make no guarantees regarding the availability of any specific game. Games may be added or removed from the Service at any time without notice.

4.2 Game Progress

While we offer features to track game progress and achievements, we do not guarantee that this information will be stored indefinitely. Unless you create an account, game progress may be stored locally on your device and could be lost if you clear your browser data.

4.3 Third-Party Games

Some games available through PlayTela may be developed by third parties. We are not responsible for the content, functionality, or practices of any third-party games. Your use of third-party games may be subject to additional terms and conditions provided by the game developers.

5. Intellectual Property

5.1 Our Intellectual Property

The Service, including its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof), is owned by PlayTela, its licensors, or other providers and is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use.

5.3 Restrictions

You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our Service, except as allowed by these Terms
• Delete or alter any copyright, trademark, or other proprietary notices
• Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service
• Use any trademarks, service marks, trade names, logos, or other branding of PlayTela without our express written permission

6. Service Modifications and Availability

6.1 Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

6.2 Service Availability

We strive to ensure that the Service is available continuously. However, the Service may be temporarily unavailable due to maintenance, updates, or technical issues. We do not guarantee uninterrupted access to the Service and will not be liable for any downtime or service interruptions.

7. Advertisements and Third-Party Content

7.1 Advertisements

PlayTela is supported by advertising revenue. You acknowledge and agree that the Service may display advertisements, and that these advertisements are necessary for us to provide the Service free of charge. You may not block, remove, disable, or otherwise interfere with the delivery of advertisements on the Service.

7.2 Third-Party Content and Websites

The Service may contain links to third-party websites, advertisements, services, offers, or other events or activities that are not owned or controlled by PlayTela. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PLAYTELA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLAYTELA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100.00).

THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to defend, indemnify, and hold harmless PlayTela, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law provisions.

11.2 Arbitration

Any dispute arising from or relating to these Terms or the Service shall be finally settled by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted in [Your City, State], and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

11.3 Class Action Waiver

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.

11.4 Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion function within the Service, if available.

12.2 Termination by Us

We reserve the right to terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

12.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

13. General Provisions

13.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and PlayTela concerning the Service.

13.2 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

13.3 Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

13.4 Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PlayTela without restriction.

13.5 Notices

Any notices or other communications provided by us under these Terms will be given by posting to the Service or via email to the address associated with your account, if applicable.

14. Contact Information

Questions about the Terms should be sent to us at: support(at)playtela.com

These Terms of Service were last updated on March 23, 2025.