Box Champs Terms of Service

Welcome to Box Champs!

These Terms of Service ("Terms") are a legal agreement entered into between you and Playforge, Inc. ("Company," "we," "us," or "our") and govern your access to and use of the Box Champs mobile application ("App"), the box-champs.com website ("Site"), and any related services (collectively with the App and Site, the "Service").

PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, CLICKING TO INDICATE YOU AGREE TO THESE TERMS, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CREATE AN ACCOUNT, CLICK TO INDICATE YOU AGREE TO THESE TERMS, OR ACCESS, DOWNLOAD, OR USE THE SERVICE.

THESE TERMS INCLUDE MANDATORY ARBITRATION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES OR CLAIMS RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, RATHER THAN JURY TRIAL OR CLASS ACTION. PLEASE SEE THE "GOVERNING LAW AND DISPUTE RESOLUTION" SECTION BELOW.

Eligibility

By using the Service, you represent and warrant that:

• You are at least 18 years old or, if older, the legal age of majority in your jurisdiction.
• You are of legal age and ability to form a binding contract.
• You have not been previously suspended or barred from using the Service.
• You will use the Service in compliance with these Terms.

Users under 18 are not permitted to use the Service. If you believe someone under 18 is using the Service, please contact us at support@boxchamps.com.

No Gambling or Wagering

The Service is not a gambling service. We do not facilitate, promote, or allow wagering of real money, cryptocurrencies, or anything of value. Any tokens or points provided through the Service have no cash value. The Service is intended solely for entertainment and recreational purposes.

If you are looking for a gambling or betting platform, Box Champs is not for you. Any attempt to use the Service for gambling or betting-related activities, whether through the Service or otherwise, is strictly prohibited and may result in immediate suspension or termination of your account and other actions taken by us.

User Conduct

By using the Service, you agree that you will NOT:

• Use the Service for illegal, fraudulent, or unauthorized purposes;
• Create any accounts on behalf of someone else or any account with false or inaccurate information;
• Attempt to, or attempt to assist others to, manipulate game outcomes or cheat in any way;
• Spam, hack, phish, or generate or distribute malware, or otherwise damage or disrupt our systems or the systems of other users;
• Use the Service to engage in any form of gambling, betting, or real-money transactions;
• Remove or obscure any proprietary or legal notices that appear within the Service;
• Harass, threaten, harass, or abuse other users;
• Act in a manner that negatively affects the ability of other users to access or use the Service;
• Reverse engineer, modify, or tamper with any part of the Service; or
• Violate any applicable laws, rules, or regulations.

Intellectual Property

(a) You are responsible for any content, information, data, materials, and items you submit to us or the Service. The Service may not be available in all areas, and we make no representations that the Service may be accessible outside of the United States.

(b) The Service is protected by copyright and other intellectual property laws. The Service is licensed and not sold to you. We grant you a personal, limited, non-transferable, revocable and non-exclusive license to use the Service for non-commercial purposes, subject to your compliance with these Terms. You may not copy, distribute, reproduce, or modify any portion of the Service without our express written permission or as permitted by law. We retain exclusive right, title, and interest in all content, logos, trademarks, and materials within the Service.

(c) If you elect to provide or make available to us any suggestions, comments, ideas, improvements, or other feedback relating to the Service ("Suggestions"), you grant us the right to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer, or otherwise grant rights in your Suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.

Third-Party Materials

The Service may provide links to other websites or resources. We do not endorse and are not responsible for any third-party content, advertising, products, services, or other materials on or available through the sites or resources. These sites are subject to different terms and conditions of use, which you are responsible for reviewing. Your dealings with advertisers and other third parties who market, sell, buy, or offer to sell or buy any goods or services on the Service are solely between you and the advertiser or other third party. You agree that we are not liable for any damage or loss of any kind incurred as a result of any such dealings.

Disclaimers and No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE DO NOT GUARANTEE THAT:

• THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR- OR VIRUS-FREE;
• THE SERVICE WILL BE AVAILABLE AT ALL TIMES IN ALL LOCATIONS;
• THE SERVICE WILL BE ACCESSIBLE ON ALL DEVICES OR BY MEANS OF A SPECIFIC INTERNET PROVIDER OR CONNECTION PROVIDER;
• ANY DEFECTS WILL BE CORRECTED; OR
• THE RESULTS FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, EMPLOYEES, DIRECTORS, LICENSORS, AND SERVICE PROVIDERS ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING LOSS OF REVENUES, LOST PROFITS, OR LOST DATA OR BUSINESS INTERRUPTION (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE 6 MONTHS PRECEDING THE CLAIM OR, IF GREATER, $50. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT OUR LIABILITY AS DESCRIBED IN THIS SECTION 7, THE EXTENT OF OUR LIABILITY WILL BE LIMITED TO THE MINIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT.

Indemnification

You will defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns ("Playforge Parties") from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service other than as expressly authorized in these Terms, except to the extent caused by the gross negligence, fraud, or intentional misconduct of Playforge Parties.

Account Termination

We reserve the right to suspend, disable, or terminate your account at our sole discretion if we believe you have violated these Terms or engaged in unauthorized activity.

Changes to These Terms

We reserve the right to change these Terms at any time upon notice to you. We may give notice by making the updated Terms available in the Service or by any other reasonable means. You can access and review the most current version of these Terms at any time at: https://box-champs.com/terms.html. If you do not agree to the updated Terms, you must stop using the Service. Your continued use of the Service after the effective date posted at the bottom of these Terms will constitute your acceptance of the updated Terms.

Changes to the Service

We strive to maintain good availability of the Service but reserve the right at any time to modify, suspend, or discontinue the Service (or any portion thereof) with or without notice to you. We may in our sole discretion develop patches, bug fixes, updates, upgrades, and other modifications to the Service ("Updates"). We may develop Updates that require installation by you before you continue to access or use the Service. Updates may also be automatically installed without providing any additional notice to you or receiving any additional consent from you. The manner in which Updates may be automatically downloaded and installed may be affected by settings on your device and its operating system.

Termination

These Terms are effective until terminated by you or us. We may terminate your access to the Service or any portion of it if we determine, within our sole discretion, that you have violated these Terms. Upon termination, your license to access and use the Service under these Terms also will terminate. Sections 4, 5, 6, 7, 8, 12, 13, 14, and 15 will survive any expiration or termination of these Terms.

Governing Law and Dispute Resolution

(a) All matters relating to or arising from the Service and these Terms will be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).

(b) ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

(c) THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS THEN-APPLICABLE RULES, INCLUDING (AS APPROPRIATE) ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. THE AAA'S RULES ARE AVAILABLE AT HTTP://WWW.ADR.ORG/. PAYMENT OF ALL FILING, ADMINISTRATION, AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S RULES. THE ARBITRATION WILL BE CONDUCTED IN THE ENGLISH LANGUAGE BY A SINGLE INDEPENDENT AND NEUTRAL ARBITRATOR. FOR ANY HEARING CONDUCTED IN PERSON AS PART OF THE ARBITRATION, YOU AGREE THAT THE HEARING WILL BE CONDUCTED IN BOSTON, MASSACHUSETTS OR AT AN ALTERNATIVE LOCATION MUTUALLY AGREED BY US AND YOU. THE DECISION OF THE ARBITRATOR WILL BE FINAL AND BINDING. JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

(d) YOU AND WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT THE CLAIM WILL BE BROUGHT ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN BOSTON, MASSACHUSETTS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS, OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

(e) Notwithstanding anything to the contrary in these Terms, we may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property and other rights in connection with these Terms and the Service, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

Privacy Notice

In addition to these Terms, the Box Champs Privacy Notice governs all information you provide to us via the Service. You agree to all actions we may take with respect to your information consistent with our Privacy Notice.

By providing your information to us as described in these Terms or the Service, you consent to us contacting you about the Service and sending you promotional and marketing communications. To opt out of promotional and marketing communications, please contact us using the contact information below.

Miscellaneous

(a) Any prevention of or delay in performance by us due to labor disputes, acts of God, governmental restrictions, enemy or hostile governmental action, fire or other casualty, or other causes beyond our reasonable control will excuse the performance of our obligations for a period equal to the duration of any such prevention or delay. You may not assign, transfer, or delegate any right or obligation under these Terms without our prior written consent. Any attempted assignment, transfer, or delegation by you in violation of this Section is null and void in each instance. We may assign or transfer these Terms to any affiliate or in connection with a merger, acquisition, or sale of substantially all of our assets without your consent. The failure of us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable under applicable law, then such provision will be construed, limited, modified, or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Terms. Any list of examples following followed by "including," "includes," "such as," or "e.g." is illustrative and not exhaustive, unless qualified by terms like "only" or "solely."

(b) If you are using the App, you and we acknowledge that these Terms are concluded between you and us only, and not with the provider of the store where you downloaded the App (e.g., Apple for the Apple App Store), and the provider of the store is not responsible for the App and its contents. The provider of the store has no obligation to furnish any maintenance and support services with respect to the App. We are responsible for addressing any claims from you or any third party relating to the App or your possession or use of the App, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation. We are responsible for the investigation, defense, settlement, and discharge of any intellectual property infringement claim attributable to the App. The provider of the store (e.g., Apple) and its subsidiaries are third-party beneficiaries of these Terms and will have the right to enforce these Terms against you as a third-party beneficiary. You must also comply with all applicable third-party terms of service when using the Service, including any mobile app terms.

(c) These Terms constitute the entire agreement between you and us concerning your access to and use of the Service. Except as expressly set forth in these Terms, they supersede all prior or contemporaneous oral or written negotiations and agreements between you and us with respect to the subject matter.

Contact Information

If you have any questions about these Terms or the Service, please contact us at support@boxchamps.com.