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Terms of Use

Terms of Use
These Phygit Platform`s Terms of use (“Terms”) govern your use of the online web applications, and services, including the online functions of multimedia products, the websites, servers, software, and the framework through which these items are provided, assets (collectively the "Phygit Services" or "Platform") currently provided or which will be provided by HiTech Powerup OÜ, with registered office at Narva mnt 5, Tallinn 10117, Estonia, or any one of its subsidiaries or affiliated companies (hereinafter collectively referred to as "Phygit" or "We").

BY USING PHYGIT SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE PHYGIT SERVICES.


Registration

To use the Platform, you must register, or have previously registered, a Phygit account (an “Account”). Creation and use of Accounts are subject to the following terms and conditions:

  • To create an Account, you must have an Email address and supply accurate complete, and up-to-date information. You must be authorized to use the Phygit Services for which you register, and in particular, meet the age criteria.

  • If you choose, or you are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We will never ask you to reveal your password and will never initiate contact with you to ask you for the memory joggers associated with your password.

  • Any use, in particular any purchase of Phygit Services, using your Account with your password will be deemed to be carried out by you. We have the right to disable any username or password if in our sole opinion you have failed to comply with any of the provisions of these Terms.

  • You may not reveal, share or otherwise allow others to use your password or Account except as otherwise specifically authorized by Phygit. You are responsible for the confidentiality of your login and password and for the security of your computer system. Phygit is not responsible for the use of your password and Account or for all of the communication and activity on the Platform that results from the use of your login name and password by you, or by any person to whom you may have intentionally or by negligence disclosed your login and/or password in violation of this confidentiality provision. Unless it results from Phygit’s negligence or fault, Phygit is not responsible for the use of your Account by a person who fraudulently used your login and password without your permission. If you believe that the confidentiality of your login and/or password may have been compromised, you must notify Phygit via e-mail support@phygit.world without any delay.

  • Your Account, including any information pertaining to it (e.g.: contact information, billing information, Account history, etc.), is strictly personal. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, or transfer any subscriptions.

  • During registration, if required, you may be required to provide contact information, consisting of an Email address and password.

  • For certain of our functions, such as the purchase of products and services, you are required to provide your name, address, and billing and credit card information. You are required to provide accurate and complete information.



Payment Authorization

When you provide payment information to Phygit or to one of its payment processors, you represent to Phygit that you are the authorized user of the card, PIN, key, or account associated with that payment, and you authorize Phygit to charge your credit card or to process your payment with the chosen third-party payment processor for any subscription, hardware or other fees incurred by you. Phygit may require you to provide your address or other information in order to meet its obligations under applicable tax law. You also may face additional obligations and formalities under your local laws.

If your use of the Platform is subject to any type of use or sales tax, then Phygit may also charge you for those taxes, in addition to the subscription or other fees published in the Terms. You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on game content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, Phygit may terminate your access to your Account.



Responsibility for charges associated with your Account

As the Account holder, you are responsible for all charges incurred, including applicable shipping costs, payments for customs, taxes, and excise, and all purchases (including physical assets) made by you or anyone that uses your Account, including your family or friends. If you cancel your Account, Phygit reserves the right to collect fees, surcharges, or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before Phygit will allow you to register again.

Age requirement

Children under the age of 16 may not use Phygit Services, and parents or legal guardians may not agree to the Terms on their behalf. If We become aware that a child under 16 has provided or attempted to provide us with personal information, We will use our best efforts to remove the information permanently from our files as provided in our Privacy Policy.

If you are under the age of 16 (or the age of majority in your country of residence) but at least 13 years of age, you may use Phygit Services under the supervision of a parent or legal guardian who agrees to be bound by the Terms. If you are a parent or legal guardian agreeing to the Terms for the benefit of a child between the ages of 13 and 16 (or the age of majority in your country of residence), be advised that you are fully responsible for his or her use of Phygit Services, including all financial charges and legal liability that he or she may incur.



Non-Commercial Use

Phygit Services and their content are for your own personal non-commercial use only.



Rules of Conduct

When you access or use Phygit Service, you agree that you will not:

  • Violate any law, rule, or regulation.

  • Interfere with or disrupt any Phygit Service or any server or network used to support or provide Phygit Service, including any hacking or cracking into Phygit Service.

  • Use any software or program that damages, interferes with, or disrupts a Phygit Service or another's computer or property, such as denial of service attacks, spamming, hacking, parsing, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files, and time bombs.

  • Interfere with or disrupt another subscriber. This includes disrupting the normal flow of web applications, chat or dialogue within Phygit Service by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding, or hitting the return key repeatedly.

  • Harass, threaten, bully, embarrass, spam, or do anything else to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.

  • Organize or participate in any activity, group, or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another's privacy or is otherwise reasonably objectionable.

  • Publish, post, upload or distribute UGC or content that is illegal or that you don't have permission to freely distribute.

  • Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that Phygit (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.

  • Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes, and other types of solicitation or commercial activities.

  • Impersonate another person or falsely imply that you are a Phygit employee or representative.

  • Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on Phygit Services.

  • Make use of any payment methods to access or purchase Phygit Services for fraudulent purposes, without permission of the authorized owner, or otherwise in connection with a criminal offense or other unlawful activity.

  • Use any robot, spider, or other automated device or process to access this website for any purpose or copy any material on this website.

  • Use or distribute unauthorized software programs or tools, such as "auto" software programs, "macro" software programs, "cheat utility" software programs or applications, exploits, or any other hacking, altering software or tool.

  • Modify any file or any other part of the Phygit Service that Phygit does not specifically authorize you to modify.

  • Use exploits, undocumented features, design errors, or problems in Phygit Service.

  • Use or distribute counterfeit software.

  • Attempt to use a Phygit Service on or through any service that is not controlled or authorized by Phygit.

  • Sell, buy, trade, or otherwise transfer or offer to transfer your Account, any personal access to Phygit Services, either within a Phygit Service or on a third party website, or in connection with any out-of-application transaction, unless expressly authorized by Phygit.

  • Use a Phygit Service in a country in which Phygit is prohibited from offering such services under applicable export control laws.

  • Engage in any other activity that significantly disturbs the peaceful, fair, and respectful environment of a Phygit Service.

  • Use information about users publicly available in any Phygit Service for any purpose unrelated to the Service, including to attempt to identify such users in the real world.

  • Promote, encourage or take part in any prohibited activity described above.

If you or someone using your Account violates these rules and fails to remedy this violation after a warning, Phygit may take action against you, including revoking access to certain or all Phygit Services or terminating your Account. In case of severe violations, Phygit may take these actions without issuing a prior warning. Some examples of severe violations include, but are not limited to: promoting, encouraging, or engaging in hacking, selling accounts without Phygit’s permission, extreme harassment, or threatening illegal activities. When practical, Phygit will notify you of the action it will take in response to violations of these rules or breach of these Terms.



Phygit Privacy Policy

Your use of Phygit Services signifies your continuing consent to our Privacy Policy available on our website. Personal information that you supply to Phygit and any information about your use of Phygit that We obtain will be subject to our Privacy Policy.



Changes to Phygit Services

We may discontinue or change any Phygit services, functions, or features available on our Platform at any time with or without notice.



Proprietary Rights

Phygit and its suppliers and partners reserve all rights under intellectual property law in Phygit and in any content that is on our Platform. Except as Phygit may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from Phygit or its suppliers or partners on our Platform without our express prior written consent.



Changes to the Terms

We may change these Terms at any time. If you continue to use our Platform after We make changes to the Terms, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.



Electronic Delivery Statement and Your Consent

You agree that We may provide to you notices and other information concerning Phygit or our Platform electronically, including notice to any email address that you may provide.



Third-Party Sites and Advertisers

Phygit may include on its Platform links to third-party websites. You agree that We are not responsible or liable for any content or other materials on third-party websites. You also agree that We are not responsible for content or claims supplied by our advertisers or publishers or affiliates or other content or service providers unless expressly stated by Phygit. We are also not responsible for any transactions or dealings between you and any third parties, advertisers, publishers, affiliates, or other content or service providers. You agree that Phygit is not responsible for any claim or loss due to a third-party website, advertiser, publisher, affiliate, or other content or service provider.



Disclaimer of Warranties

We provide our Platform and its content "AS IS." We and our suppliers, partners, and affiliates make no express warranties or guarantees about our Platform or their related services and content. To the extent permitted by law, We and our suppliers, partners, and affiliates disclaim implied warranties including any warranty that any of our platform will be merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that our platform or any related content or services will meet your requirements, are error-free, reliable, or will operate without interruption. Because some countries do not permit disclaimers of implied warranties, you may have additional consumer rights under your local laws.



Limitation of Liability

You may not assert claims for money damages arising from this Platform or its contents or services. Phygit and our suppliers and web applications creators are not liable for any indirect, special, incidental, consequential, or exemplary damages, even if We knew or should have known of the possibility of such damages. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law. According to the Phygit distribution agreement, We will not be liable if suppliers` content violates, infringe, or misappropriates any copyright, trade secret, trademark, or right of publicity or privacy of any third party; violates any applicable international, national, regional, and local laws and regulations; contains any software viruses, trojan horses, or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of your computer software or hardware or to damage or obtain unauthorized access to your data or other information; contains any other materials that are unlawful, defamatory, or libelous.



Indemnification

You agree to defend, indemnify, and hold Phygit and our parent and affiliated companies, and our respective employees, contractors, officers, directors, agents, publishers, and affiliates from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of any of our Platform. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.



Severability and Integration

The Terms of Use and any supplemental terms, policies, rules, and guidelines posted on our Platform constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.



Termination

We reserve the right to terminate your use of our Platform in the event you violate the Terms or for any other reason at our discretion. You may cancel your Account at any time. You may cease use of registration at any time or, if you choose, you may request that Phygit terminate your access to the Platform. However, accounts are not transferable, and even if your access to an Account is terminated, the original activation key will not be able to be registered to any other Account. Phygit reserves the right to collect fees, surcharges, or costs incurred prior to the cancellation of your Account or termination of your access to the Platform. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation.



Claims of Copyright Infringement

If you believe that your work has been copied and is accessible on this Platform in a way that constitutes copyright infringement, please let us know immediately.



Governing law

These terms shall be governed by and construed in accordance with the laws of Estonia, without giving effect to any principles of conflicts of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Estonia, to resolve any disputes arising out of or relating to the terms.

Notwithstanding anything to the contrary, Phygit may apply to any court of competent jurisdiction for injunctive or other equitable relief.

Contact
If you have any questions, complaints, or comments regarding our Privacy Policy, please contact Phygit at HiTech Powerup OÜ
Address: Narva mnt 5, Tallinn 10117, Estonia
Email: support@phygit.world
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