AGHANIM INC

GENERAL USER LICENSE AND TERMS OF USE

(Last updated November 12, 2024)

IMPORTANT NOTICE:

The following General Service Terms (or “Terms”) are a binding contract between Aghanim Inc. with a registered office at 254 Chapman Rd Ste 208, Newark, Delaware 19702-5422, United States, with EIN 93-2059669 (“Aghanim”) and you as a visitor or other user (“you” or “User”) for your use of our “Services,” which includes our website and online channels (collectively, the “Site”) or our integrated suite of tools and services relating to payment processing, monetization, live operations automation, community management, and the creation of hubs in connection with games, including without limitation any and all versions and updates of the same, and all other necessary software, websites and/or other applicable platforms operated by Aghanim and related applications, products, software and other materials under the “Aghanim” brand) (our “Environment”), or other items, services, features, and other content (“Content”) you may purchase through the Site or Environment. These Terms apply to all use of each version and iteration of the Services and are incorporated by reference into the Developer Terms of Services and End User License and Terms of Use, as applicable.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE ENVIRONMENT AS A DEVELOPER. If you have any questions, please contact us at support@aghanim.com and we will endeavour to assist you.

PLEASE ALSO READ OUR PRIVACY NOTICE AVAILABLE AT https://aghanim.com/privacy.

1. IMPORTANT TERMS

1.1 The Services were created by and are the property of Aghanim. Our registered office is at 254 Chapman Rd Ste 208, Newark, Delaware 19702-5422, United States, with EIN 93-2059669.

1.2 You understand and agree that (i) Aghanim serves as a provider of the Environment and merchant of record as to payments processed through your use of the Environment and (ii) Aghanim is not a bank, financial institution, or payment processor.

1.3 Any use, reproduction, or redistribution of any part of the Services except in accordance with these Terms is expressly prohibited.

1.4 These Terms limit our liability as set out in Clause 12 below.

1.5 If you are under the age specified in the Services for certain Content, you must not access or purchase that Content. By purchasing any Content on the Services you confirm that you are the age required by the age rating designated on the Services for that Content or older.

1.6 If you are a Minor (defined below), you must have a parent or guardian agree to these Terms on your behalf.

1.7 BY USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY AND BECOME A PARTY TO THESE TERMS. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT PERMITTED TO USE THE SERVICES. BY USING THE SERVICES, AND WITH THE SERVICES BEING PROVIDED BY AGHANIM (AS DEFINED HEREIN), BOTH YOU AND AGHANIM ARE AGREEING TO BE BOUND BY THESE TERMS.

2. ACCEPTANCE

2.1 To access, browse, or use the Services, you must agree to be unconditionally bound by these Terms. You accept these Terms by clicking to accept or agree to the Terms where this option is made available on the Services, in any agreement or electronic form, or by choosing to access the Services. You must be of legal age and capacity to form a binding contract to accept these Terms. If you do not agree with any of these Terms, do not access or use the Services. You further acknowledge that you have read and consent to our Privacy Notice. If you access the Services through a third-party platform or service provider, additional terms may apply as required by such third-party service provider.

3. Eligibility

3.1 To use the Services, you must (i) meet the age, consent, and registration criteria described in these Terms; (ii) access the Services only when physically located in a jurisdiction where Aghanim offers the Services; (iii) access the Services only when physically located in a state, country, or jurisdiction where participation in the Services is unrestricted and not prohibited by that jurisdiction’s laws; and (iv) at all times abide by these Terms.

3.2 If you are under the age of 18 or the legal age of majority under the laws of your jurisdiction (a “Minor”), you may only use or access the Services with the consent of and under the supervision of your parent or legal guardian (in each case, a “Guardian”), and only following your Guardian’s consent to these Terms. If you are a Guardian, by you or your Minor accessing or using the Services or registering with us, you represent and warrant that you: (i) have read and agree to these Terms on your and your Minor’s behalf; and (ii) that you give your consent to your Minor’s use of the Services. Any access or use of the Services by a Minor without the consent to these Terms and supervision of their Guardian is strictly prohibited and in violation of these Terms. If you are a Minor using the Services, then “you” as used herein (unless context requires otherwise) includes both you and your Guardian.

3.3 The Environment is only available to End Users who are at least 13 years old or at least the minimum age required to use online platforms under the laws of the jurisdiction where the End User lives (“Minimum Age”). End Users under the Minimum Age may only access the Environment upon Aghanim’s receipt of prior written consent from their Guardian as required by applicable law and our policies.

3.4 The Services are not available to anyone who has previously violated these Terms or Privacy Notice or has violated any other terms or policies governing other games owned or published by Aghanim.

4. ACCOUNTS

4.1 Certain features of the Services are only available if you register and create an account with us (your “Account”). Your Account may also be subject to the Developer Terms of Service. You understand and agree that:

4.1.1 all information you provide or submit to Aghanim is subject to our Privacy Notice and you agree to ensure it is always accurate and up to date;

4.1.2 you are and shall remain responsible for maintaining the confidentiality of any Account credentials; and

4.1.3 you are solely liable for any use of the Services using your Account.

4.2 Your Account and any rights or benefits associated therewith are not transferable to any other person or Account. You may not allow any other person to (i) access your Account; (ii) access the Services through your Account; or (iii) accept or use any benefits, virtual items, or currency through your Account. You shall use the Services only for lawful purposes and in compliance with these Terms. You agree to notify Aghanim immediately of any unauthorized access to or use of your Account or any other breach of security. Aghanim is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials or your choice to share any data associated with your Account with others. You are solely and entirely responsible for complying with these Terms.

5. INTELLECTUAL PROPERTY

5.1 Unless otherwise expressly specified, all right, title, interest and ownership rights and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trademarks (whether registered or unregistered) and any applications therefore and other intellectual property rights (together “Intellectual Property Rights”) in the Services anywhere in the world belong to Aghanim and/or our licensors. All rights are asserted and reserved, save for those granted under these Terms. The Services may contain licensed materials, and you hereby acknowledge that our licensors may act to protect their interests in the event of any breach of these Terms.

5.2 During the term of these Terms, we hereby grant you a limited, non-exclusive, personal, revocable, non-transferable license to use the Services on systems or devices that you own or legitimately control for the limited purpose of accessing and using the Services as permitted by these Terms.

5.3 All third-party trade names and trademarks are the property of their respective owners, and we make no warranty or representation in relation thereto.

5.4 You may have the opportunity to provide, upload, submit or send user generated content on the Services including your name, image, likeness, trademark(s) (including but not limited to registered and unregistered trademarks, trade names, service marks, logos, domain names and other designations owned, licensed to or used by you), comments, photos, images, End User content, Developer Materials, or other materials (collectively, “UGC”). Your UGC belongs to you and we have no responsibility for it. You represent that: (i) you created and/or own the rights to your UGC, or you have the owner’s express permission to post such content and (ii) your UGC does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks, rights of publicity or privacy rights) or violate any applicable laws, rules or regulations, these Terms, or any of our other posted policies. All UGC you post to third-party platforms in relation to Aghanim must abide by these Terms and the terms and conditions of the applicable third-party platform. Additionally, you understand and agree that your UGC must not:

5.4.1 Contain any material that is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful;

5.4.2 Violate Aghanim’s or any other person’s or entity’s legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act;

5.4.3 Create or threaten harm to any person or loss or damage to property;

5.4.4 Include information that may be used to track, contact, or impersonate another person;

5.4.5 Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary rights of Aghanim or any other person, or violate the terms of any contract in respect of such intellectual property or proprietary rights;

5.4.6 Seek to harm or exploit children by exposing them to inappropriate content, asking for personal data or otherwise;

5.4.7 Misrepresent your identity or affiliation with any person or organization;

5.4.8 Seek to transmit chain letters, bulk or junk email, or to interfere with, disrupt or create an undue burden on Aghanim or the networks or services connected to the Services, or to install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties; or

5.4.9 Be otherwise objectionable as determined by Aghanim at our sole discretion.

We reserve the right (but have no obligation) to monitor, remove, reject, or modify UGC for any reason without notice. You are solely responsible for the consequences of posting UGM on the Services, and Aghanim shall have no responsibility or liability whatsoever related to your UGC. You hereby grant Aghanim an unlimited, irrevocable, worldwide, transferable, royalty-free, fully-paid, sub-licensable, perpetual license to use, modify, reproduce, make derivative works from, distribute, publish, display, or perform your UGC in whole or in part, by any and all means and media for any purpose. You acknowledge and agree that Aghanim will not compensate you for any UGC.

5.5 Aghanim takes claims of copyright infringement seriously. It is our policy, in appropriate circumstances and at our discretion, to respond to notices of alleged copyright infringement in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Upon receipt of a DMCA compliant notice, we will expeditiously remove or disable access to the content that is the subject of the notice. If you are a copyright owner (or agent acting for a rights owner) and believe that any Content made available through the Services infringes your Intellectual Property Rights and you wish us to remove it or suspend/disable access to it, contact us at support@aghanim.com with “Notice & Takedown” in the subject line. Please include the following information with your complaint (you should speak with your legal counsel or See 17 U.S.C. § 512(c)(3) to confirm these requirements):

5.5.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

5.5.2 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services.

5.5.3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

5.5.4 Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted.

5.5.5 A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

5.5.6 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. If material is believed in good faith by us to infringe a copyright or otherwise violate any intellectual property rights, we will remove or disable access to the material. Before submitting a notice of claimed copyright infringement, please note that doing so can have serious legal consequences. Be sure to consider whether the “fair use” doctrine or another similar limitation of copyright rights applies in your circumstances. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us notice.

6. PURCHASES, PAYMENTS AND REFUNDS

6.1 The Services provide features that allow you to purchase Content. You do not own the Content. You only have a non-exclusive, non-transferable license to use it, for its permitted uses, as may be amended and notified to you from time to time, in connection with the Services and subject to your compliance with these Terms and any other applicable agreement between you and us. If you purchase Content from Aghanim, the purchase will be subject to our then-applicable terms of sale, including any additional fees that are applicable for Content that can be used in third-party games. These will be made available to you at the time of purchase.

6.2 You understand and agree that Content has no cash or redemption value and your license to use it will be suspended and/or terminated if you are denied access to your account or your account is shut down, frozen, or terminated for any reason in accordance with these Terms.

6.3 You are not permitted to trade, exchange, sell, rent, or otherwise transfer or deal in the Content or your account, without our prior written permission. You shall not access or use any account or Content which has been traded, exchanged, sold, rented, or otherwise transferred or dealt in.

6.4 By purchasing the Content through the Services, you acknowledge that you have reviewed and accepted any and all applicable third-party payment processor terms and conditions made available to you at the time of purchase. These terms may change from time to time, and if such terms become inconsistent with these Terms, then, where there are conflicts, the relevant payment processor terms will take precedence.

6.5 Aghanim has no obligation to make any refund or otherwise compensate you in any amount, unless expressly indicated otherwise in accordance with our Refund Policy in Section 15.1 herein.

7. RESTRICTIONS

7.1 In using the Services, you agree that you shall not:

7.1.1 hack, attempt to hack, modify, adapt, merge, translate, disassemble, decompile, or reverse engineer or create derivative works out of any part of the Services or any Content or information contained in it, to the fullest extent permitted by applicable law;

7.1.2 make the Services available to any third party, whether directly or indirectly;

7.1.3 use or deal in the Services except as permitted by the terms of these Terms;

7.1.4 make any commercial use of the Services, or any part of it;

7.1.5 use the Services or process or use the Content or information contained on or within the Services unfairly or for any illegal or immoral purpose;

7.1.6 sell, distribute, reproduce, transfer, publicly display, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble, rent, lease, loan, sub-license or otherwise deal in copies or reproductions of the Services in any way except as expressly permitted by these Terms;

7.1.7 remove, delete, obscure, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Services;

7.1.8 create or attempt to create software which replicates or mimics any data or functionality in the Services; or

7.1.9 remove, disable, or circumvent any copy protection software contained on or within the Services.

7.2 Notwithstanding Section 7.1, you may reverse engineer, decompile, or disassemble the Services only insofar as you are entitled to do so by the Copyright, Designs and Patents Act 1988 or other applicable law. All works or copies of works arising from activities permitted by this Section 7.2 shall belong to, vest in and be the exclusive property of us upon creation, and you shall permanently delete all such works in your possession or control immediately once you have concluded those activities. You hereby assign (by way of present and, where appropriate, future assignment) all such rights to us. You shall (and shall use all reasonable endeavors to) procure that any necessary third party shall, promptly execute and deliver such documents and perform such acts as may be required for the purpose of giving full effect to any such assignment.

8. SYSTEM REQUIREMENTS; THIRD-PARTY SERVICES

8.1 The Services have been developed to work on the latest compatible version of the operating system and/or browser available at the time of its release. Operating system vendors may from time to time modify or update their software. We may, but shall not be obligated to, update the Services to ensure that its functionality and performance continue with any such modification or update. You shall ensure that you are using the latest compatible public release of any such operating system or platform. We may require you to update the Services.

8.2 You will require an internet connection, which you must legitimately procure at your own expense, to use the Services.

8.3 From time to time, we may, in our sole discretion, develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Services. You agree that we have no obligation to provide any Updates or to continue to provide or enable any features or functionality. You agree to promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to these Terms.

8.4 We may link to, incorporate, or use third-party software and services within the Services, including, but not limited to, YouTube services provided by Google LLC. Use of any such software or services is subject to the applicable terms of those third parties at the relevant time. You agree that you will comply with any such third-party terms and conditions when using the Services (e.g., YouTube Terms of Service https://www.youtube.com/t/terms)

9. COMMUNICATIONS

9.1 Aghanim may send you marketing communications by email, mail, or other means in compliance with your preferences and applicable law. As part of our policy to respect your privacy, we provide you the option of opting out from receiving marketing communications from us by unsubscribing from our emails or submitting a request to us as instructed in our Privacy Notice. Aghanim may use your contact information you provide to us to communicate with you about your use of the Services. For example, we may send you service announcements or administrative communications by email, phone, text, or other means. You understand that you receive these communications as part of your use of the Services.

10. TERM AND TERMINATION

10.1 These Terms take effect upon the earlier of your registration for, subscription to, or use of the Services in any manner and remains effective until terminated by either Aghanim or you. You may terminate these Terms at any time by deleting your account or discontinuing all use of the Services. Aghanim may terminate these Terms at any time with or without notice to you. These Terms shall automatically terminate if you fail to comply with any term or condition herein. Upon termination you shall cease all use of the Services.

10.2 The following clauses of these Terms shall survive termination: Sections 5 (Intellectual Property), 7 (Restriction), 11 (Disclaimer of Warranties), 12 (Indemnity), 13 (Our Limitations of Liability), 14 (Dispute Resolution), and 15 (General Provisions).

11. DISCLAIMER OF WARRANTIES

Except for any express warranties provided in these Terms or a separate written agreement between you and Aghanim, THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. You use the Services at your own sole risk. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express, implied, or statutory, including, but not limited to, implied warranties of title, quality, performance, merchantability, suitability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Services will provide continuous, prompt, secure, or error-free service. No oral or written information, representation or advice given by Aghanim shall create a warranty without a writing signed by Aghanim expressly creating such warranty.

12. INDEMNITY

12.1 You agree to indemnify and hold Aghanim, our subsidiaries, our affiliates, and their respective members, directors, shareholders, officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, damages, or demand, including without limitation reasonable attorneys’ fees, due or relating to or arising out of relating to or arising (i) your use of the Services; (ii) any breach or suspected breach of these Terms by or directed by you; (iii) your provision of the Services, Content, or your Game Hub (as defined in the Developer Terms of Service) to an End User or any other party; or (iv) any breach of your representations and warranties set forth in these Terms or any breach of these Terms by you.

12.2 You further agree that we would suffer irreparable damage if the terms of these Terms were not specifically enforced. Therefore, you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedy with respect to any breach of these Terms, in addition to such other remedies as we might otherwise have available under applicable laws.

13. OUR LIMITATIONS OF LIABILITY

13.1 To the maximum extent permitted by applicable law, in no event shall Aghanim (including its officers, directors, employees, agents, services providers and licensors) be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages or for any loss of data, lost profits, or revenue, loss of business, business interruption, loss of business opportunity, through your use of the Services, any regulatory fine or consumer complaints against you, or other economic advantage (whether direct or indirect), however arising, even if Aghanim knows there is a possibility of such damage. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

13.2 You also acknowledge that Aghanim will have no liability to any third parties, including site owners, for any claim related to the Services. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Aghanim and you.

13.3 Without limiting the foregoing, in no event shall Aghanim be liable to you for any amounts that, together with amounts associated with all other claims, exceed the aggregate of the fees paid by you to Aghanim for services received pursuant to these Terms only (and not pursuant to your agreement) during the three (3) months prior to the act that gave rise to the liability, or if no fees were paid during such three (3) month period, five hundred US Dollars ($500), in each case, whether or not Aghanim has been advised of the possibility of such damages.

13.4 Nothing in these Terms shall limit your statutory consumer rights. Notwithstanding other terms in these Terms, if, because of a defect, the Services damage your device or digital content belonging to you, and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.

13.5 We recommend that you backup any content or data used in connection with the Services, to protect yourself in case of problems with the Services.

13.6 Check that the Services and Content are suitable for you. The Services and Content were not developed to meet your individual requirements. Please check that the facilities and functions of the Services and Content meet your requirements.

13.7 You acknowledge and accept that it is your responsibility to ensure that Content is appropriate for you and/or audiences who view Content via your account. If you are in doubt, you should not view, or facilitate third parties to view, the Content. Aghanim accepts no liability for any incorrect age ratings or Content accessible via the Services.

13.8 You acknowledge that the Content and the Services may be updated, altered, or removed at any time without notice to you.

13.9 Subject to the warranties set out in clause 11.11, we do not guarantee that: (i) the Services or any Content will be free of errors, viruses or bugs or other defects; (ii) the Services or any Content or information displayed or distributed through the Services or in the accompanying documentation will be accurate or complete; (iii) any defects in the Services will be corrected; or (iv) operation of the Services or any Content will be uninterrupted.

14. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES, AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You agree that any dispute, controversy or claim between you and Aghanim arising out of or relating to: (i) these Terms, or the breach thereof; (ii) our provision of the Services; (iii) your access to or use of the Services; or (iv) any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, controversy or claim, a “Dispute”) will be governed by the arbitration procedure outlined below.

14.1 We want to address your concerns without the necessity of a formal legal case. Before filing a claim against Aghanim, you agree to try to resolve the Dispute informally by contacting Aghanim through our Help Center. Aghanim will contact you by email as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after submission, you or Aghanim may bring a formal proceeding.

14.2 You and Aghanim each agree to resolve any Disputes through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Los Angeles, California, United States, or any other location we agree to. Any in-person appearances will be held at a location within Los Angeles, California. You are responsible to pay any AAA filing, administrative and arbitrator fees if your claim exceeds $5,000. If your claim for damages does not exceed $5,000, Aghanim will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief you seek is frivolous or brought for an improper purpose. The arbitrator’s decision will follow the terms of these Terms (including the Limitation of Liability provision) and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.

14.3 Notwithstanding Section 14.2, either you or Aghanim may assert claims, if they qualify, in small claims court in Los Angeles County, California or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of our Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.

14.4 You may only resolve Disputes with Aghanim on an individual basis. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.

14.5 Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California, the Federal Arbitration Act, and applicable U.S. federal law, as applicable, in each case without regard to its conflict of laws principles. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) do not apply. Except as otherwise required by applicable law, if the agreement to arbitrate is found not to apply to you or your claim, you and Aghanim agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts in Los Angeles County, California, and you and Aghanim each agree to waive the right to a jury trial.

14.6 Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim, or cause of action will be barred forever.

15. GENERAL TERMS

15.1 Where you agree that we may begin to supply you with Content immediately or before the end of any applicable cooling off period then you will not be entitled to change your mind about your purchase and obtain a refund. Otherwise, if you purchase Content from the Application directly you may be entitled to cancel the purchase within 14 days and receive a full refund if you are an EU or UK resident and you have not accessed the purchased Content (your “Cooling-Off Right”). If you are a resident of South Korea, you may cancel your purchase of digital Content within 7 days of purchase and receive a full refund, provided that you have not accessed the Content. Additionally, if the Content differs from its description or advertisement, or if it was delivered in a manner that does not match the terms of the agreement, you may request a refund within three months from the date of receipt of the Content or within 30 days from the date you discovered or could have discovered the discrepancy. To request a refund under this Refund Policy, please contact Aghanim by email or post at 254 Chapman Rd Ste 208, Newark, Delaware 19702-5422 with a Refund Form in susbstnatially the form below:

To: Aghanim Inc
254 Chapman Rd Ste 208, Newark, Delaware 19702-5422, United States.
I hereby give notice that I withdraw from my contract for the following purchase: [INSERT ORDER ID, ITEM], for game [INSERT GAME NAME], ordered on [INSERT DATE].
From: [YOUR NAME]
[YOUR ADDRESS]
[YOUR EMAIL / TELEPHONE (optional)]
Date: [DATE]

15.2 These Terms are personal to you. You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent, but Aghanim may freely assign or transfer these Terms without restriction. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Notwithstanding the foregoing, either Party may, without consent, assign these Terms to any successor to all or substantially all its business that concerns these Terms (whether by sale of assets or equity, merger, consolidation or otherwise). Subject to the foregoing, these Terms will bind and inure to the benefit of the Parties, their successors, and permitted assigns.

15.3 The parties’ relationship, as established by these Terms, is solely that of independent contractors. These Terms do not create any partnership, joint venture, or similar business relationship between the parties. Neither party is a legal representative of the other party, and neither party can direct and control the day-to-day activities of the other, or assume or create any obligation, representation, warranty, or guarantee, express or implied, on behalf of the other party for any purpose whatsoever.

15.4 By accessing our Services, registering with us, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you affirmatively consent to (i) Aghanim communicating with you electronically; (ii) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from Aghanim electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You must have a computer or other web-enabled device, connection to the internet, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. You may print or download Records from the Services and keep them for your own reference. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic Records from us, please contact us at support@aghanim.com. Agreements and transactions executed prior to this request will remain valid and enforceable.

15.5 Except as otherwise stated herein, these Terms and the agreements incorporated by reference herein constitute the entire and exclusive understanding and agreement between Aghanim and you regarding the Services and supersede and replace any and all prior oral or written understandings or agreements between Aghanim and you regarding the Services. These Terms create no third-party beneficiary rights.

15.6 Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given via email to your email address on your account or by posting to the Services. Notices from you to Aghanim will be given via email to support@aghanim.com or to the mailing address posted on the website. For notices made by email, the date of receipt on the message will be deemed the date on which such notice is transmitted.

15.7 Aghanim reserves the right (but is not required) to remove or disable your access to our Services, disable any username, password, or other identifier, whether chosen by you or provided by us, or remove any Content, or your User Content at any time and without notice, and at our sole discretion, if we determine that your use of our Services is in any way objectionable or in violation of these Terms. Certain violations of these Terms, as determined by Aghanim, may result in immediate termination of your access to the Services without prior notice to you. We have the right to investigate violations of these Terms and any conduct that affects our Services, and in response may take any action we may deem appropriate.

15.8 Aghanim makes no representations that the Services or your use thereof complies with the legal or regulatory requirements applicable to you. Use of the Services from jurisdictions where such access is illegal is prohibited. You acknowledge and agree that you are solely responsible for notifying Aghanim if your use of the Services or any component thereof or any provision of these Terms violates any law, regulation, or rule of your locality, and Aghanim may, but is not obligated to, take any action it deems appropriate in response to such notice. Nothing in these Terms shall affect an individual’s statutory consumer rights, as applicable.

15.9 Aghanim makes no claims that the Services are accessible or appropriate in your jurisdiction. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

15.10 No waiver by us of any failure by you to comply with or perform a provision of these Terms shall constitute a waiver of any preceding or subsequent failure.

15.11 We may change these Terms at any time for any legal, regulatory or security reason, or for any other reason that we decide at our absolute discretion. Please check back on the Services from time to time in case of updates to these Terms. If you continue to use our Application following any such change then the updated version of these Terms will apply.

15.12 If any provisions of these Terms are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.13 Aghanim strongly encourages you to seek advice of counsel prior to executing these Terms or any other agreement for your use of the Services or related to any legal transaction. You hereby represent that you have read and fully understand these Terms and you warrant that you will read and confirm full understanding of the terms and provisions of any agreement related to a transaction via the Services in which you participate. You acknowledge and confirm that you had the opportunity to review with legal counsel these Terms and all agreements related to a transaction via the Services, and that you will only execute such agreements based on your own judgment and advice of independent legal counsel (if sought).

15.14 We are not responsible for events outside our control. If the provision of, or our support for, the Services is prevented or delayed by an event outside our control, then we will contact you as soon as possible after we are made aware, provided that it is possible for us to let you know, and we will take steps to minimize the effect of such events. You agree that, provided we do this, we will not be liable for interruptions or delays caused by the event.

YOU ACCEPT THESE TERMS WHEN YOU CLICK TO ACCEPT OR AGREE TO THE TERMS, IN ANY AGREEMENT OR ELECTRONIC FORM, OR ACCESS THE SERVICES.