Dividandy – Terms and Conditions

Last Modified: February 2026

IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO A BINDING ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN SECTION 18 BELOW. YOU AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE PURSUANT TO THESE TERMS OR THE ACCESS OR USE OF THE SERVICES, AS DEFINED BELOW, WILL BE RESOLVED IN ACCORDANCE WITH SECTION 18 and 19 BELOW. PLEASE READ THAT SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. 

These terms and conditions (“Terms“) constitute a binding legal agreement between Dividandy Limited including its affiliates, subsidiaries, parent companies, joint ventures and other corporate entities under common ownership (“Dividandy“, “Company“, “us” or “we“) and you and govern your access and use of all features and other services provided by the Company, including our Website, Mobile App and Game (collectively the “Services“). 

By registering an Account, or otherwise using or accessing the Services, you affirmatively signify that you have read, understood, and agreed to be bound by these Terms (including the arbitration agreement and class waiver in Section 18), as well as our Privacy Notice and Cookie Notice, each incorporated herein by reference, which we may update from time to time. 

We encourage you to carefully review these Terms before accessing our Services. If you do not agree to these Terms, you must not register an Account or otherwise use or access the Services. 

We may revise the Terms at any time without notice by updating the Terms on our Services, as indicated in the “Last Modified” heading. You should periodically visit these Terms to review the current terms that apply to your use of the Services. Any use of the Services by you after our publication of any such changes shall constitute your acceptance of these Terms as modified. We may, at our sole discretion and at any time, discontinue providing the Services, or any part thereof with or without notice.

• Definitions

For the purpose of this agreement, the following capitalized terms shall have the meaning ascribed to them hereunder:

1. “Account” means an account you created via our Website or Mobile App that allows you to access the Services.
2. “Account Information” means any type of information that we may require from Users at the registration process, including but not limited to email address, username, and password.
3. “Affiliate Partners” means third-party companies with whom we have marketing, referral or affiliate relationship.
4. “Applicable Laws” means any law, statute, rule, regulation, order, circular, decree, directive, judgment, decision or other similar mandate of any applicable central, national, state or local governmental authority having competent jurisdiction over, or application, related to the Users, the Company, the Services or subject matter in question, including without limitation, as applicable, in relation to anti-money laundering (AML), countering the financing of terrorism (CTF), know-your-customer (KYC) and know-your-transaction (KYT), export control and trade sanctions, gaming, financial services, investment advisers, financial instruments or products, banking, securities, payments, privacy, data security or data protection.
5. “Bonus Divicoins”, as defined under Section 9 of these Terms.
6. “Card(s)” means in-game digital items (including, without limitation, power cards, defense cards, information cards and surprise cards) that may provide strategic or gameplay effects within the Game and are used solely within the Game environment. Cards have no monetary or real-world value and are not redeemable for cash or any financial instrument.
7. “Data Providers”, as defined under Section 11 of these Terms.
8. “Divicoins” mean the virtual, in-game balance allocated by the Company to Users solely for use within the Game and exclusively for the purposes of entering Tournaments. Divicoins have no inherent real-world value, they do not constitute legal tender, fiat currency, electronic money, securities, a deposit or any other financial product. 
9. “Earned Divicoins”, as defined under Section 9 of these Terms.
10. “Fees”, as defined under Section 12 of these Terms.
11. “Game” means the gaming platform allowing Users to compete with each other in simulated trading inspired skill-based Tournaments, which is available on Dividandy’s Website or Mobile App.
12. “User(s)”, “you” or “your” means a natural person that accesses or registers to our Services.
13. “Intellectual Property Rights” means all intellectual property rights including but not limited to all intangible legal rights, titles and interests evidenced by or embodied in or connected or related to the following: (i) all documentation and guides, including User manuals and training materials relating to any of the foregoing and descriptions, flow-charts and other work product used to design, plan, organize and develop any of the foregoing; (ii) all inventions (whether patentable or un-patentable and whether or not reduced to practice), all improvements thereto, patents and patent applications, and any divisional, continuation, continuation in part, extension, reissue, renewal or re-examination of patent issuing therefrom (including any foreign counterparts); (iii) all trade secrets, confidential information and business information; (iv) any work of authorship, regardless of copyrightability, copyrightable works (including moral rights);  (v) computer code and software, including any and all software implementations of algorithms, models, methodologies, artwork and designs, whether in source code or object code; (vi) databases and compilations, including any and all data and collections of data, whether machine readable or otherwise; (vii) designs and any applications and registrations thereof; (viii) all trade secrets, confidential information and business information; (ix) mask works and integrated circuit layouts and applications and registrations thereof; (x) trademarks, service marks, trade names, certification marks, collective marks, logos, brand names, business names, domain names, company and corporate names, trade names, trade styles and trade dress, get-up, and other designations of source or origin and all and applications and registrations thereof; (xi) all other proprietary rights, industrial rights and any other similar rights, and all rights or forms of protection analogous to any of the above anywhere in the world.
14. “Market Data” as defined under Section 11 of these Terms.
15. “Mobile App” means the application available on App Store, Google Play, Galaxy Store, Amazon, which allows Users to engage with the Game.
16. “Purchased Divicoins“ as defined under section 9 of these Terms.
17. “Prize(s)” means any prize, including any real-money prize, credit or other reward, that may be awarded to a User in connection with a Tournament, in accordance with the applicable Tournament rules and these Terms
18. “Prize Pool” as defined under section 9 of these Terms.
19. “Restricted Territories” means, inter alia:

1. Afghanistan, Algeria, Bangladesh, Belarus, China, Cuba, Egypt, India, Indonesia, Iran, Iraq, Malaysia, Morocco, Nigeria, North Korea, Pakistan, Qatar, Russian Federation, Saudi Arabia, South Africa, Sudan, Syria, Tunisia, Turkey, United Kingdom, Venezuela, Yemen;
2. Any other jurisdiction that is the subject of country wide or territory wide sanctions, embargoes, or other restrictive measures administered or enforced by any country, state or government or intergovernmental organization, including without limitation by the United Nations Security Council, US Department of Treasury’s Office of Foreign Assets Control, U.S. Department of Commerce’s Bureau of Industry and Security, United Kingdom HM Treasury’s Office of Financial Sanctions Implementation or the European Union.

1. “Restricted Persons” means any individual or entity that is not permitted to use or access the Services, and shall include any person, firm, company, partnership, trust, corporation, entity, government, state or agency of a state, politically exposed persons (PEP), or any other incorporated or unincorporated body or association, association or partnership (whether or not having a separate legal entity) that is (i) established or lawfully existing under the laws of or is a citizen, national, resident (tax or otherwise) of any of the Restricted Territories, or (ii) is listed on any of the sanctions, embargoes, designated or blocked or debarred persons lists issued by any state, authority or international body, including without limitation the United Nations Security Council, US Department of Treasury’s Office of Foreign Assets Control, U.S. Department of Commerce’s Bureau of Industry and Security, the European Union.
2. “Skill Level” as defined under Section 5 of these Terms.
3. “Store” as defined under Section 11 of these Terms.
4. “Subscription” as defined under Section 9 of these Terms.  
5. “Terms” means the terms and conditions governing the Services as may be updated from time to time.
6. “Third Party Services” as defined under Section 11 of these Terms.
7. “Tournament(s)” means any skill-based interactive trading tournament made available as part of the Game, where Users compete in simulated trading using USD Balance and Cards in accordance with the applicable Tournament rules.
8. “USD Balance“ as defined under Section 9 of these Terms.
9. “Virtual Items” means Divicoins, including but not limited to virtual coins, points, Cards, credits, bonuses all for use in the Services which are not transferred or stored electronically using distributed ledger technology or similar technology.
10. “Website(s)” means the website dividandy.com and any other sites as defined by the Company, at its sole discretion, from time to time, including any sub-domains thereof and including any mobile applications of the Game. 

• Use of our Services

Our Services includes a gamified trading tournaments platform allowing Users to explore investing and trading concepts using virtual funds in real-time or near real-time financial Market Data. 

 

Unless otherwise permitted, our Services do not permit you to open actual or real positions, derivatives, contracts-for-difference, leveraged trades, or real-world investment accounts. 

 

For entering such Tournaments, you are required to register with Dividandy by creating an Account. All Tournaments offered on the Services are predominantly games of skills. You acknowledge that the winner(s) of the Tournaments is determined by the objective criteria described in the rules, scoring, controls, guidelines and any other applicable documentation associated with the Services. 

 

From all entries received for each Tournament, the User who uses the relevant skill and knowledge to accumulate the winning score or points according to the corresponding rules will be the winner(s) per each Tournament’s rules. The Services may not be used for any form of gambling, real-money trading or any other regulated, restricted or prohibited activity and are offered strictly as a skill-based, educational and entertainment product.

 

You acknowledge that all trades, assets, balances and portfolios within the Game are simulated. Divicoins and Cards do not represent and are not linked to any actual financial instruments, cryptocurrency, securities, commodities or other regulated products.

 

You hereby acknowledge and accept that the Company may, but is not obliged to, update its related Game, software or systems from time to time.

  

• Device Information

Using the Services require an Internet connection to our servers, and we may need to collect certain information from you and your internet-enabled device in order to make the Services available to you. This information may include, among others, information related to hardware systems profile data, internet connection and data and any other data related to the operation of the Services from any device that logs onto the Services using your Account. You acknowledge that you are solely responsible for paying for any fees, including internet connection or mobile fees necessary to access or use our Services.

We may need to collect certain information from you and your internet-enabled device in order to make Services available to you, such as your Account Information, hardware system, internet connection data and any other data related to the operation and provision of the Services. Please note that we will use and retain such information in accordance with our Privacy Notice.

We do not warrant that our Services will work on all devices at all times. You are solely responsible for obtaining and maintaining compatible devices necessary to access and use our Services, as updated from time to time.

• Eligibility

Dividandy Services are intended solely for users who are at least eighteen (18) years of age or the applicable age of majority in your jurisdiction and can form legally binding contracts under Applicable Law. 

Any registration, use of or access to the Services by anyone under the age of 18 is unauthorized, unlicensed, and in violation of these Terms. If we have any reason to believe that you are under 18 years of age or the age of majority in your jurisdiction, we may terminate your account, delete any content or information that you have submitted to the Services, nullify and void your Prize, and prohibit you from using or accessing the Services (or any portion, aspect or feature thereof). 

Dividandy reserves the right to request proof of age at any stage to verify that persons under the age of 18 or the age of majority in User’s jurisdiction are not using the Services. If you do not meet all of these eligibility requirements, you are not permitted to access or use any of the Services and agree that you will not do so and that Dividandy may suspend or close your account with or without notice.

By accessing or otherwise using the Services, you represent and warrant that you: 

1. are a natural person of at least 18 years of age or older depending on the age of majority in your jurisdiction, who is personally assigned to the valid, permanent email address and other information submitted in relation to your Account to. Please note that you are responsible to inform us on any changes relating to information submitted to us, including your email address;
2. have the legal authority to form a binding contract with Dividandy; 
3. are physically located in a jurisdiction in which participation in the Tournament you select is unrestricted by that jurisdiction’s law or is not a Restricted Territory; 
4. agree to at all times abide by these Terms and all Applicable Laws;
5. ensure that the Services may not be used for any form of restricted or prohibited activity; 
6. are solely responsible for keeping your Account secure and for anything that occurs on your Account, whether or not these actions were taken by you or an unauthorized third-party that has gained access to your Account;
7. are not a Restricted Person under these Terms or Applicable Laws;
8. shall only register for a single Account and you shall not use or access multiple Accounts at the same time;
9. shall not create an Account with a false identity or provide incorrect information, or create an Account on behalf of someone other than yourself; 
10. shall not share with, give access to your Account Information to anyone, or do anything else that might jeopardize your Account security; 
11. shall notify us immediately, as detailed in the section “Contact Us” of these Terms, if you have lost control of your password or you suspect there is an unauthorized activity in your Account, including theft, unauthorized disclosure of your Account Information;
12. shall ensure that you log out or exit from your Account (if applicable) at the end of each login to our Services.

 

The Company’s employees and immediate family members (including the following – any domestic partner or relative of the employee who resides at an employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any Tournaments hosted on the Services.

• Skill Level Tournament

We use experience and performance-based indicators (collectively, “Skill Levels”) to help organize gameplay. Certain Tournaments may be designed for Users up to a specific skill level. Where a Tournament indicates a maximum Skill Level, only Users at or below that level may be eligible to enter the Tournament. You may still be able to enter such Tournament, however you acknowledge and consent that this decision is made at your sole discretion and at your own risk, understanding that you will enter a Tournament above your Skill Level, subject to capacity limits, other eligibility conditions set out in the Tournament rules, and these Terms. 

You understand and agree that by choosing to enter higher-level Tournaments: (a) you may be at a competitive disadvantage and may materially reduce your ability of winning; (b) we do not guarantee that you will be matched with Users of similar Skill Level; (c) the composition and relative skill of opponents in any Tournament depends on who elects to enter and may vary widely; and (d) Fees, Prizes, structures and payout terms are as published for each Tournament and are not adjusted based on your Skill Level. 

Skill Levels, determined by the number of experience points accumulated, are calculated separately for each Tournament and updated after each Tournament. We reward skill points based solely on performance. 

Our Game is designed to provide entertainment and challenge, serving as enjoyable pastimes rather than reliable source of income. Consistently winning is unlikely, and while short-term success may be achieved, it is not guaranteed to continue over extended periods.

Please note that you can be matched with opponents from different jurisdictions. This will not impact the skill matching and the Prizes offered to you.

• Disclaimer and Risk Disclosure

When using our Services, you understand and accept that the Services or any part thereof is not, nor should they be considered as –

1. The provision of investment advice; 
2. Portfolio management; 
3. Financial advice; 
4. Provider of a service of accepting and transmitting orders; 
5. Option or any derivative or financial instrument;
6. Investment services or activities;
7. Any other financial service; 
8. Ancillary services under any Applicable Law; 
9. Tax or legal advice; 
10. Any other regulated activity; or 
11. Endorsement of any third party providing one of the aforementioned activities, or equivalent of any of the above under any Applicable Law.

 

WE DO NOT PROVIDE OUR USERS WITH ANY SERVICES RELATED TO ANY TRADING OR INVESTMENT ACTIVITY WITH REGARD TO ANY FINANCIAL INSTRUMENT, AND THE SERVICES ARE PROVIDED SOLELY FOR ENTERTAINMENT, EDUCATIONAL AND GENERAL INFORMATIONAL PURPOSES. ANY ACTIVITIES WITHIN THE GAME ARE PURELY SIMULATED AND DO NOT INVOLVE REAL TRADING. WHILE ANY FINANCIAL ASSET PRICES AND RELATED MARKET DATA MAY BE BASED ON REAL-WORLD MARKET PRICES, ALL TRADING ACTIVITY AND OUTCOMES WITHIN THE GAME ARE VIRTUAL FOR GAMEPLAY PURPOSES ONLY AND HAS NO REAL IMPACT ON REAL-WORLD FINANCIAL ASSETS. WE BEAR NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY LOSS OR ANY CONSEQUENCES OF ANY DECISION TAKEN BY YOU OR ANY THIRD PARTY BASED ON ANY CONTENT, INFORMATION OR SKILL MENTIONED WITHIN THE GAME.

You hereby acknowledge and accept that past performance of any financial instrument is no guarantee of future results. Before making any investments, you should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment or purchase. 

You also acknowledge and accept all the following:

1. We do not have any fiduciary relationship with you;  
2. We have no obligation to inquire or investigate whether any transaction initiated using the Services or which is related to the Services is valid, accurate, or legal;
3. The use of the Services is at your sole discretion and the Company shall not be responsible or liable to you in any way whatsoever in connection with your receipt, access to, or use of the Services contained therein; and
4. If you discover any issue related to the Services, you shall only contact the Company. 

• Account Registration and Account Information

To access or use the Services, you must create an Account via our Services, as applicable. Please note that the Services may not be fully compatible with all platforms, devices, and operating systems, therefore we encourage you to verify all the compatibility requirements yourself and update where it is needed third party software from time to time in order to receive the Services.

When you create an Account, you will be asked to provide information, which may involve: 

1. Registering a unique username and password; 
2. Providing contact information, such as your permanent, valid email address;
3. Providing payment and billing information; and
4. Providing any other information that we may request during the Account registration process.

By creating an Account, you confirm that you provide accurate and complete information, including a declaration of your jurisdiction of residence and age.

You may at any time change your Account Information within the settings parameters, as follows you may (a) change your avatar, banners, bio, username; and (b) change your password or delete your Account.   

The email address associated with your Account must be registered solely in your name. We reserve the right to require you to change your username or password, or we may at our discretion change your username and password 

The Company reserves the right to refuse registration of your Account or suspend or terminate your Account at its discretion. We may also impose limits on your use of your Account, the Game or Services at our discretion and without notice to you.   

You are responsible for keeping your Account Information secure. Please do not share your Account Information with anyone. By registering an Account, you agree to notify us immediately if you have lost control of your password or if you suspect there is unauthorized activity in your Account. You remain fully liable for any actions taken in 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.

We reserve the right to verify your Account Information, such as name, address, age, and payment method used, at any time, by requesting copies of certain documents. In the event that a request for copies of documents is not completed by you, we may, at our sole discretion, suspend, terminate your Account and withhold any funds or Prizes that are present therein. 

 

• ​ KYC and Account Verification

We reserve the right to verify your Account Information at our own discretion and at any time, such as name, address, age, utility bills and any other details by requesting certain documents, including where required by Applicable Laws. If deemed necessary, we may request that the said document copies are notarized, meaning that the documents are stamped and attested by a public notary.

In the event our requests for documents are not completed by you, we may at our sole discretion suspend or terminate the Account and withhold or cause the applicable third party to withhold any transactions, Prizes, where applicable.

You agree to update any provided information or data or to provide additional documentation 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 of age verification and identification services to verify your Account. If there are any grounds for believing that any of the information you provided is incorrect, false, outdated or incomplete the Company reserves the right to send you a notice to demand correction, directly delete the relevant information, and, as the case may be, suspend or terminate all or part of our Services we provide to you.

To access or use the Services or any part thereof, you may be required at Company’s sole discretion, to do all the following –

1. Undergo and successfully pass know-your-customer (KYC) and customer due diligence procedures or screening and provide all information the Company may request, including without limitation to ensure compliance with all Applicable Laws, the Terms, and the Company’s internal policies and procedures; and
2. Execute and deliver to the Company, or to any other entity on its behalf, documents related to the Services under any Applicable Laws, including any anti-money laundering and counterterrorism financing laws in any jurisdiction.

• Games

General. By setting up an Account and accessing the Services, you may obtain access to the Game, and you may be required to download and install content, services, or software onto your device.

Divicoins.  Divicoins are used exclusively within the Services for the purpose of entering Tournaments and are collected at the end of each Tournament. Divicoins are not legal tender, do not constitute electronic money, deposits, securities, crypto-assets or any other regulated financial product, and have no value outside the Services. You acknowledge and accept that Divicoins may be (a) purchased by you for real money via the payment methods made available within the Services (“Purchased Divicoins”); and/or (b) granted to you by the Company free of charge as part of Tournaments, promotions, loyalty schemes, rewards, achievements, referral programs or similar campaigns (“Bonus Divicoins”); (c) earned as part of your participation and winning of the Tournaments (“Earned Divicoins“). You acknowledge and agree that participation in Tournaments is not made with real money (fiat currency) directly, but only by using Purchased Divicoins, Bonus Divicoins or Earned Divicoins in accordance with these Terms. Subject to any eligibility, account and KYC verification and minimum threshold requirements, you may request the withdrawal of your Purchased and Earned Divicoins available in your Account into real money via the withdrawal methods made available by the Company. You acknowledge and accept that Bonus Divicoins are strictly non-withdrawable, non-redeemable for real money and non-exchangeable into any other value or consideration and may only be used for participation in Tournaments or for other in-Game purposes as determined by the Company. You may request the withdrawal of your Divicoins at any time, subject to the Company’s applicable withdrawal threshold, which is currently set at one hundred (100) dollars. We may reserve the right, at our own discretion, to impose a daily, weekly, monthly or yearly limit based on your withdrawal activity or other operational considerations. In the event your Account contains both Purchased Divicoins, Bonus Divicoins, and Earned Divicoins we may, acting reasonably, determine the order in which such balances are deemed to be used when you enter a Tournament or purchase any in-Game feature.   

Tournaments. You may participate in Tournaments made available by the Company. Each Tournament has its own rules and specificities. You are solely responsible to review the rules for each Tournament. You acknowledge and accept that Tournament’s entry fees are in Divicoins and is determined by the Company’s discretion and may vary for each Tournament. You acknowledge and accept that simulated trading within Tournaments will be conducted exclusively using the virtual balance denominated in USD (“USD Balance”), which is allocated respectively and equally to each User’s Account during the Tournament. Your USD Balance is fictitious, non-redeemable, non-exchangeable, non-transferable, non-convertible units which exist only within your Account environment, have no real-world or monetary value, and is not Purchased Divicoins, Bonus Divicoins, Earned Divicoins or Prizes. The Company may, at its own discretion, cancel your USD Balance, or suspend or terminate your Account, at any time without notice and without any liability to you. For the purposes of participating in any Tournament, you acknowledge and agree that any applicable entry Fee payable in Divicoins shall be debited from your Divicoins balance in accordance with the following allocation mechanism:

1. Ninety percent (90%) of the applicable entry Fee, as detailed for each Tournament on our Services, shall be deducted from your balance of Purchased Divicoins or otherwise Earned Divicoins; and 
2. Ten percent (10%) shall be deducted from your balance of Bonus Divicoins. 
3. You acknowledge and accept that where you do not hold enough Purchased or Earned Divicoins to cover for the entry Fee of the Tournament, the remaining amount of available Purchased or Earned Divicoins within your balance shall always be debited first, and the remaining amount of the entry Fee shall be debited from your Bonus Divicoins balance;
4. Any Prizes awarded to you in connection with a Tournament, if applicable and subject to the Tournament rules and these Terms, shall be credited exclusively in the form of Earned Divicoins; and
5. Bonus Divicoins shall not be paid out as Prizes and shall not, by themselves, give rise to any entitlement to Prizes, redemption, or withdrawal, except as expressly provided under the applicable Tournament rules or these Terms.

 

Prize Pool. Unless expressly state otherwise in the applicable Tournament rules, the Prize Pool for each Tournament is calculated as the aggregate of: (a) all entry Fees paid in Divicoins for that Tournaments, plus (b) all rebuys and add-ons purchased for that Tournaments, less (c) the applicable Fees (“Prize Pool“). 

Virtual Items. The Services may include an opportunity to earn or receive Virtual Items.  Virtual Items can be either won or obtained within the Services. You acknowledge that because all Virtual Items are created through the Services, we solely and exclusively own all Virtual Items. To the extent we do not automatically own any Virtual Item, you hereby irrevocably, expressly and automatically assign to us, in perpetuity, all right, title and interest in and to any such Virtual Items, including, without limitation, all copyrights, patent rights, trade secrets, trademarks, moral rights and all other applicable proprietary and intellectual property rights throughout the world. If you have any rights to Virtual Items that cannot (as a matter of law) be assigned to us in accordance with the foregoing, you unconditionally and irrevocably: (a) waive the enforcement of such rights against us; and (b) grant to us an exclusive, irrevocable, perpetual, worldwide, royalty-free license (c) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally perform and otherwise use and exploit such Virtual Items, (d) to use, make, have made, sell, offer to sell, import and otherwise exploit any product or service based on, embodying, incorporating or derived from Virtual Items, and (e) to exercise any and all other present or future rights not yet known in Virtual Items. Subject to these Terms, we grant you a limited license to use the Virtual Items, subject to the limitations and other terms set out in these Terms, through your own Account solely for your personal use of the Services. 

Except for Purchased Divicoins and Earned Divicoins, Virtual Items, including Bonus Divicoins can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from the Company 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 your Account or stored on the Services. 

Accordingly, you may not sublicense, trade, sell or attempt to sell Virtual Items, or anything that appears or originates in the Services, for “real” money, or exchange Virtual Items for value of any kind outside of the Services, without Company’s written permission. Doing so is a violation of these Terms and may result in termination of your Account and/or legal action taken against you, any such transfer, sell, purchase, or attempted transfer, sell or purchase is prohibited and void. We retain the right to manage, regulate, control, modify and/or eliminate Virtual Items at our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. Virtual Items are subject to change without notice. 

In addition to the foregoing, we may selectively remove or revoke Virtual Items associated with your Account at our sole discretion. Virtual Items may only be acquired or awarded from us or through means we provide on our Services or otherwise expressly authorize. We do not recognize any purchase or transfer 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.

Rebuy and Add-On Features. During certain Tournaments, the Services may offer features such as “rebuy” or “add-on”. Rebuy allows a User to re-enter a Tournament in the event that the User’s USD Balance has been depleted as a result of losses. Add-on allows a User to increase the amount of USD Balance available in the User’s USD Balance during the Tournament. The availability and use of these features are subject to the specific rules that will be presented to you within the Tournament interface. Unless expressly stated otherwise, the value of each rebuy and add-on is included in the Prize Pool for that Tournament and, after deduction of the applicable Fees, increase the net Prize Pool available for distribution.

Withdrawal Eligibility and Real-Money Participation Requirement. Notwithstanding anything to the contrary in these Terms, a User shall not be eligible to request or receive any withdrawal of Earned Divicoins unless such User has (i) completed at least one bona fide purchase of Purchased Divicoins using a valid payment method in their own name, and (ii) used Purchased Divicoins to enter and participate in at least one Tournament prior to submitting a withdrawal request.

 

Participation funded solely or predominantly through Bonus Divicoins shall not, by itself, create eligibility for withdrawal. The Company reserves the right, in its sole discretion, to determine whether a User has satisfied the foregoing participation requirement, including where activity is deemed promotional abuse, bonus abuse, collusive behavior, or conducted in bad faith.

 

In the event that a withdrawal request is submitted without satisfying these requirements, the Company may deny the request, reverse the relevant Tournament results, void associated Earned Divicoins, or take any other action permitted under these Terms.

 

Promotions. You may, under certain conditions and in accordance with Applicable Laws where you reside, participate in various promotions. By entering into or participating in any contest on our Services you hereby agree to the Promotion Terms that shall supplement these Terms.

Loyalty Program. Depending on your eligibility and in compliance with Applicable Laws in your jurisdiction. You may have access to our loyalty program. The terms governing participation are available here [please insert]. By joining, earning or otherwise engaging with the loyalty program, you agree to be bound by the loyalty program terms. 

Subscription. The Company may offer eligible Users the option to purchase premium subscription services (“Subscription“), purchased using Divicoins or other permitted payment method. The Subscription may provide various benefits, such as access to exclusive features, enhanced content, or other advantages as will be described at the time of the offer, at the Company’s sole discretion.

Bid/Ask Spread. The Game applies a system-generated bid/ask spread. This spread is virtual in nature and is implemented solely for gameplay and simulation purposes. You acknowledge and agree that the bid/ask spread prices displayed within the Game do not necessarily reflect real-time market prices, market rates, or any Market Data and should not be interpreted as an indication of the precise market value of any asset or position.  

Updates. For reasons that include, without limitation, system security, stability, the Company may need to automatically update, pre-load, create new versions of or otherwise enhance the Game and the Services and accordingly, the system requirements to use the Game and Services may change over time. You consent to such automatic updating. You acknowledge that it is your responsibility to install and maintain the most current version of the Mobile App, as required. You further acknowledge that Dividandy shall not be liable or responsible for any malfunction, degradation of performance, unavailability, or other issues arising from or related to your failure to install updates, use an outdated version of the Game, or otherwise meet the applicable system requirements.

Restrictions. You may only use the Services for personal, non-commercial use. Except as otherwise permitted under these Terms, or under Applicable Laws.

Cheating and frauds. You represent and warrant that you may not participate in the Services, the Games or use the Services, the Games in a way that interrupts or attempts to interrupt the operation of the Games and Services as detailed herein.

Taxes. You have the sole responsibility for paying, withholding, filing, and reporting all taxes, duties, levies, and other governmental payments or assessments which are related to your activity or use of the Services. 

Compliance with Applicable Law. You acknowledge that various rules, regulations and laws, including among others those addressing, skill-games based, tournaments with entry fees or prizes govern your participation in the Games, and that applicable gaming and other laws and regulations are set up by each individual, state, country, territory, or jurisdiction. You are solely responsible for your compliance with all Applicable Laws. Access to the Games may not be legal for some or all residents of, or persons present in certain jurisdictions. Services are void where prohibited or restricted by Applicable Laws. We reserve the right to include any jurisdiction in the Restricted Territories list as determined at our sole discretion. It is your responsibility to determine whether the jurisdiction in which you are located permits such skill-based Tournaments. In the event, your participation is prohibited per the Terms, applicable laws or regulations, or for any other circumstances, you acknowledge and accept that your Account will be terminated immediately and any Divicoins, Virtual Items, Prizes will be null and void. You further acknowledge that you shall have no right, claim or entitlement to seek, recover, redeem or otherwise obtain any compensation whether physical, digital or monetary following termination.

You must comply with all applicable export and sanction laws and regulations and may not use, export, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, except as authorized by such laws and regulations. You acknowledge that laws and regulations are subject to change, and prohibit the use of the Services by any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S. government (currently, Cuba, Iran, Syria, North Korea, the Russian Federation, Belarus, Venezuela and the following region of Ukraine: the Crimea, Donetsk and Luhansk), any countries designated as an “enemy,” that are not currently exempted, under Israel’s Trading with the Enemy Ordinance of 1939 (currently, Syria, Lebanon, and Iran), or any country at our sole discretion due to local legislation requirements or any other reason upon its sole discretion, or anyone or any entity (or anyone or any entity 50% or more owned by such individual or entities) on any list of prohibited persons or entities maintained by the U.S., EU, Israeli governments, or by the jurisdictions in which the Services were obtained.

WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATION IN THE GAMES AND SERVICES OFFERED ON OUR WEBSITES OR MOBILE APP NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.

• Prohibited Uses

You may use the Services only for lawful purposes. You are solely responsible for all of your activity in connection with the Services. 

You warrant and represent that you are prohibited from (and shall not permit any third party to) taking any action that: 

1. Is illegal, violent, threatening, abusive, invasive of any person’s privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, offensive or otherwise inappropriate, as we may determine in our sole discretion; 
2. Infringes, violates, or misappropriates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right or any other Intellectual Property Right or proprietary right as may now exist or hereafter come into existence; 
3. Violates any right of publicity, or other right of any person or entity, or any law or contractual obligation, including without limitation rights pursuant to data protection, anti-spam and privacy laws and regulations; 
4. Copies, photocopies, reproduces, publishes, modifies, adapts, translates into any language, distributes, or creates derivative works based on the Services;
5. Sublicenses, subleases, leases, lends, assigns, sells, licenses, distributes, rent, exports, re-exports or grants other rights in the Services and any attempt by you to take such action shall be void;
6. Decompiles, disassembles, reverses engineer, or attempts to reconstruct, identifies or discovers any source code, underlying ideas, underlying user interface techniques, or algorithms of the Services by any means whatsoever; 
7. Uses a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks, websites or services;
8. Uses virtual private networks (“VPNs“) or other technologies that masks User’s location or identity; 
9. Uses any artificial intelligence systems, automated agents, bots, or similar technologies in a way that is intended to deceive, mislead, exploit, or otherwise harm other Users, distort activity on the Services, interfering with the proper operation of the Services, or undermine their integrity or security; 
10. Misuse of any reporting, flagging, complaint, or dispute process, including by making groundless, vexatious, or frivolous submissions;
11. Use the Services to create or develop a competing product or service;
12. Removes, obscures or alters any copyright or other proprietary notices contained on or in or otherwise connected to the Services;
13. Involves commercial activity not expressly permitted by us; 
14. Contains any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data, password or other information of us, our Users, or any other individual or entity; 
15. Uses or launches any automated system, including without limitation, “robots,” “spiders,” “offline readers”, etc., that accesses the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time; 
16. Transmits invalid data, worms, viruses, Trojan horses or any code of a destructive nature; 
17. Transmits spam, chain letters, materials related to any political campaigns, commercial solicitations, mass mailings, or any form of spam or other unsolicited texts or emails;
18. Impersonates any individual or entity, including, without limitation, our employees or representatives; 
19. Uses a false phone number or email, identity, or attempt to use another User’s Account; 
20. Uses the Services for money laundering, terrorist financing, or other illicit finance or activity; 
21. Targets children or individual under the age of majority in any jurisdiction where the Services are made available;
22. Engages in any activity that interrupts or attempts to interrupt the operation of the Services;
23. Uses unauthorized or altered software or hardware to assist play; 
24. Uses intentionally poor play methods to achieve competitive advantage;
25. Collides with other players (e.g. intentionally losing matches in monetary tournaments);
26. Performs any activity intended to defraud the Company or any third party or circumvent any contractual or legal restriction or any other act (whether through the use of automated technology or otherwise) that unfairly alters your possibility of winning or constitutes the commission of fraud, regardless of whether such attempted act has caused Company any actual harm.

 

Anyone who engages in, participates in, or displays behavior that may be interpreted, in our sole discretion, as unfair methods in participating in the Game, Tournament within our Services, including but not limited to – (a) the opening or use of multiple Accounts; (b) collusion with or harassment of other Users; (c) breach of these Terms; (d) breach of security of your Account, login and password, or means of access to any of the foregoing including a mobile device, computer or other device, are in the possession of a third party or (f) any other act or omission (whether through the use of automated technology or otherwise), will be subject to immediate sanction (as determined by us in our sole discretion), which may include, without limitation, disabling the ability to use or access to our Services in whole or in part, forfeiting any prizes funds or making void any transactions, as well as any other legal actions. 

We reserve the right to disclose or report any money laundering or other activity that we deem fraudulent or suspicious to the relevant law enforcements and regulatory authorities and to seek damages and other remedies from you to the fullest extent permitted by law.

You further acknowledge that the forfeiture of any Prize, Divicoins, Virtual Items, or making void any transactions, as a result of a violation of these Terms shall in no way prevent us from pursuing criminal or civil proceedings in connection with this section.

 

Any attempt to deliberately damage the Services or any violation of criminal, civil laws or other Applicable Laws, shall constitute a material violation of these Terms and we reserve the right to seek damages, injunctive relief and other remedies from you to the fullest extent, as permitted under Applicable Laws.

We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier regarding such unauthorized use. 

• Third Party Services, Live Market Data and Content

The Services may provide links to third-party websites, apps (including extensions), services, offerings, products or other activities, or otherwise introduce you or share your data to Affiliate Partners (“Third-Party Services”) that are not owned or controlled by us, as permitted by Applicable Law. These links are provided as a convenience to you and do not signify that we endorse or are 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. 

Additionally, we do not accept responsibility or liability for any product or content made available, or payments processed or submitted, through such Third-Party Services (including Affiliate Partners), nor for their privacy or any other practices. We urge our Users to exercise caution in using any Third-Party Services. Therefore, you agree not to hold us responsible for any liability arising from your access to or use of any Third-Party Services linked to, referenced by, or introduced (including via referrals) through the Servies.

We encourage you to carefully read the terms of use and privacy notice of such third-party websites or services, as their terms and privacy notice, not ours, will apply to any of your interactions with such third parties. You should always review their practices carefully before accepting the provision of any services by these third parties.

All information regarding any trading market or price, including any indices, rates, or bid/ask spreads. presented or used as part of the Services, does not and is not intended to necessarily represent the real trading market conditions or prices, or be precise. In particular, the bid/ask spread is system-generated and does not reflect the bid/ask spread in known trading applications. Furthermore, such information may be provided by a third-party over which we have no control. We make no representations and take no responsibility whatsoever regarding the aforementioned third parties or the aforementioned information.

The Services may include or display market quotations, pricing information, index values, corporate action details, financial indicators, or similar data (collectively, “Market Data“) obtained from third-party exchanges, data licensors, service providers, or other external sources (“Data Providers“)

All rights, title, and interest in and to the Market Data are owned exclusively by us or the applicable Data Providers, as applicable. Nothing in these Terms grants you any license or entitlement to the Market Data other than the limited right to view such Market Data within the Services. All proprietary rights are expressly reserved by us or Data Providers, as applicable.

You acknowledge and accept that Market Data accessible through the Services may be delayed, filtered, incomplete, inaccurate, time-shifted, or provided on a non-real-time basis. Such characteristics may arise from technical constraints, contractual requirements imposed by Data Providers, or other operational factors. We do not guarantee that Market Data will be provided continuously, without interruption, or in real time.

You acknowledge that Market Data a) may contain errors, omissions, or delays and that such issues may affect gameplay or the appearance of simulated results b) is made available solely to support gameplay, skill-based decision-making, and general educational or entertainment use within the simulated environment of the Game c) it must not be relied upon for any real-world investment, trading, or financial decision d) does not constitute, and must not be treated as, financial advice, trading signals, execution data, order routing, or investment research. Any simulated outcomes or in-Game positions based on Market Data do not correspond to actual market exposure.

To the maximum extent permitted by Applicable Law, neither Dividandy nor any Data Provider shall be liable for: a) errors, inaccuracies, omissions, delays, or interruptions in the delivery of Market Data; b) the suspension or cessation of any Market Data feed; or c) any direct, indirect, incidental, consequential, exemplary, or special damages arising out of or relating to Market Data or your use or reliance on it, including in relation to gaming outcomes or any real-world financial decisions.

You are prohibited from copying, storing, recording, scraping, screenshotting, publishing, disseminating, or distributing Market Data outside the Services unless you have obtained our prior written approval and, where required, the authorization of the relevant Data Provider. Any unauthorized use of Market Data may result in immediate suspension or termination of your Account and may expose you to civil, contractual, or criminal liability.

We may, at any time and without notice, modify, restrict, interrupt, suspend, or permanently remove access to any Market Data or portions thereof, including to comply with contractual obligations, industry regulations, or instructions from Data Providers. We shall not be responsible for any consequences resulting from such modification or withdrawal.

If you have downloaded the application from the Apple, Inc. (“Apple”) App Store, or from any other third-party application store available in your Android device, including via Galaxy Store, Amazon (“Store“), or otherwise through any other method authorized by us for installing the Game, you acknowledge and agree that:

1. The Company shall not be responsible or liable for any damage, data loss, security issues, malfunction, or other adverse impact to your device, operating system, software, or data arising from or in connection with the installation or downloading of the Game to your device.
2. The Terms constitutes an agreement between you and the Company and not with Apple or any other Store. 
3. We are solely responsible for the application and the content thereof;
4. Apple or Store have no obligation to provide any maintenance and support services with respect to the application;

1. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple or Store, and Apple or Store may refund the purchase price for the application to you and to the maximum extent permitted by Applicable Law, Apple or Store have no other warranty obligation whatsoever with respect to the application;
2. Apple or the Store are not responsible for addressing any claims you have or any claims of any third party relating to the application or your possession and use of the Application, including, but not limited to (to the extent not excluded or disclaimed in the Terms): (i) product warranty or liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the application infringes a third party’s intellectual property rights;
3. To the extent not excluded or disclaimed in the Terms, in the event of any third party claim that the application or your possession and use of the application infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.  

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 you are not listed on any U.S. Government list of prohibited or restricted parties;  

1. You must comply with all applicable third-party terms of agreement when using the application; and
2. Apple or Store, and Apple’s or Store’s subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance  of the terms and conditions of the Terms, Apple or Stores will have the right (and will be deemed to have accepted the right), to enforce the Terms against you as a third party beneficiary thereof.

• Winnings, Account Funds, Payments, Prize Forfeiture

All fees and payments, including operational fees, related to the use and access to the Services (“Fees”) shall be made known to you prior to entry in any Tournament. If you agree to participate into a Tournament, you agree to pay the Fees associated with such entry. You acknowledge and accept that all Fees must be prepaid and are non-refundable, unless the Tournament is cancelled, by our sole discretion, prior to its commencement, in which case all Fees paid shall be refunded. You are fully responsible and liable for all charges, deposits and withdrawals made under your Account, including any unauthorized charges, deposits or withdrawals. We may change the price of Services at any time, but no price change will affect your past purchases.

We may require you to pay Sales Tax, Value Added Tax, and Goods and Services Tax, as required by Applicable Law. Please note that all taxes payable will be calculated and added on top of any withdrawal or deposit amounts, as applicable. You agree to pay us the applicable charges for any Fees, including applicable taxes incurred by use of your account, using a valid credit card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the Fees become payable. Other than charges to your account, you agree to notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your Account statement. If you do not bring them to our attention within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies. 

You are responsible for and agree to reimburse us for all reversals, chargebacks, claims, fees, fines, penalties and other liabilities incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your Account if for any reason, a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such an event occurs, you shall immediately remit to us payment for such a charge through an alternative payment method.

We may change Fees with or without notice to you. By providing us with a payment method, you: (a) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (b) authorize us to charge you for the Services using your payment method. 

We may bill you: (a) in advance; (b) at the time of purchase; or (c) shortly after purchase, in our sole discretion. If you believe that you have paid any Fees in error, you must notify us within thirty (30) days after the error occurs. We will then promptly investigate the charge. If you don’t notify us within that time, we will not be liable for any losses resulting from the error and we will not be required to correct the error or provide a refund. If we identify a Fee error, we will correct that error within ninety (90) days. You must pay for all reasonable costs we incur to collect any past due amounts, including, without limitation, reasonable attorneys’ fees and other legal fees and costs.

Dividandy may allow you to withdraw your funds solely through the same payment method you used for purchasing Purchased Divicoins, including the relevant credit card or other payment method offered by Dividandy’s third-party payment partners. These methods may vary by jurisdiction or Prize type and could include, for example, the use of digital wallets, voucher platforms or other service providers. Such third-party services are subject to change and may include varying discounts and offers. By withdrawing or redeeming your funds through such third parties, you acknowledge that the redemption and use of the withdrawn funds will be subject to the terms of use of such third parties and that Dividandy shall not be responsible for such terms. Dividandy has no direct or indirect liability for your use of such third parties. You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party content.

Rewards within the Services may be displayed in a currency different than the currency used in your jurisdiction. Notwithstanding the foregoing, certain withdrawal methods may process transactions in the local currency of the player. In such cases, the amount awarded will be converted from the currency in which they are displayed in the Services to the applicable local currency using the exchange rate in effect at the time of processing (exchange rate may include mark-ups). Please note that this rate may differ from the exchange rate in effect at the time the reward was won, or the withdrawal was initiated. 

If you choose to close your Account, any funds in your Account will be forfeited. If you want to withdraw funds from your Account before closing it, you must request to do so prior to terminating your Account. If we unilaterally close or terminate your Account due to a violation involving fraud, illegal behavior, or cheating (as determined in our sole discretion) of these Terms, funds in your account may be forfeited and not returned to you.

If your account becomes inactive (i.e., you have not entered at least one (1) Tournament) for six (6) consecutive months or more, we reserve the right to charge a maintenance fee of a ten (10) Divicoins per month. The monthly maintenance fee will be deducted from your Account for each consecutive month that it remains inactive and if there are no Divicoins left in your account, we may suspend or terminate your account at our own discretion.

Unless otherwise required by Applicable Laws, all Fees are final, and no refunds are given.

If you are eligible to receive Prizes, we may require that you provide us with proof that you are or were at the time of your participation in the Tournament eligible to participate in accordance with these Terms and that your participation was in accordance with these Terms. If you do not provide us with such proof to our reasonable satisfaction, then you will not receive the Prize. If you receive a Prize in error, we may reverse or require the return of the Prize. You agree to cooperate with us in our efforts to do this. We may also reduce payment to you without noticing you to adjust for any previous overpayment.

Tournament results and Prize calculations are based on the final statistics and scoring results at the completion of the Tournament. Once Tournament results are reviewed and graded, Prizes are awarded. The scoring results of a Tournament will not be changed regardless of any official statistics or scoring adjustments made at later times or dates, except in our sole discretion.

Dividandy reserves the right to cancel Tournaments at any time. In the event of a cancellation, all entry Fees will be refunded to you except as specifically provided in these Terms or applicable Tournament rules.

Guaranteed Prizes may be offered in connection with some of the Tournaments offered by the Services and will be made known in the Tournaments’ rules. Each Tournament is governed by its own set of rules. Dividandy encourages you to read such rules prior to entry.

You must promptly notify us of any changes to the credit card account number provided to Dividandy as part of Account registration, its expiration date and your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your Account, forfeiture of winnings, and pursuit of civil litigation and criminal prosecution.

You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any winnings paid to you. We may provide you with, or require you to provide, federal or state tax forms and other appropriate form(s). Without limiting the foregoing, we may withhold from your existing Account balance and from future winnings any amount required to be withheld by Applicable Laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws.

If you win a Tournament, you consent to our use of your name, voice, likeness, and location in connection with the publishing of winners pursuant to these Terms and the development, production, distribution and exploitation (including marketing and promotion) of the selected Tournaments, unless otherwise prohibited by Applicable Laws. You agree that participation in and (where applicable) the winning of a Prize in connection with a Tournament constitutes complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain Tournaments may contain additional publicity obligations or may require a written signature on a separate publicity waiver.

• Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS OR ANY OTHER COVERED ENTITIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE OR ASSUME ANY OBLIGATION WHATSOEVER TO YOU OR ANYONE ON YOUR BEHALF, REGARDLESS OF THE FORM OF ACTION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF CONTRACTS OR LOSS OF ANTICIPATED SAVINGS, ANY LOSS OR ANY DAMAGE ARISING OUT OF OR RELATING TO YOUR AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, OR OF ANY SERVICE, PRODUCT OR CONTENT PROVIDED BY ANY THIRD PARTY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. IN THE EVENT OF ANY COMPLAINT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVICES. 

 

You agree and confirm that: (a) you are free to choose whether to use the Services solely at your sole option, discretion and risk; (b) the Company shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Services; (c) any claim or cause of action, regardless of the form of action, which you may have arising out of or related to use of the Services or these Terms, must be filed within one (1) year after such claim or cause of action arose, otherwise such claim is permanently barred.

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 Laws.

IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAWS IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100) FOR ANY CLAIMS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

• Disclaimer of Warranties

No representations or warranties express or implied, are given regarding the legal or other consequences resulting from the use of our Services. The information contained in our Services is provided for general information only. The Services, including the content of the Website and the Mobile App are provided on an “as is” and “as available basis” and, are not, and should not be construed as investment advice, tax advice, legal advice, financial advice, gaming advice or any other financial service, investment services or activities, ancillary services, under any Applicable Law in any jurisdiction. The Services, including the content of the Website and the Mobile App, are also not, and should not be construed as any offer, solicitation recommendation invitation to buy, sell, obtain, invest in, use, hold, store, dispose, of any financial instruments or products (including any derivatives), investments of other assets, or to use any services, including those offered by us.

 

We strive to keep our Services up and running; however, all online services suffer occasional disruptions and outages. In addition, the Company is not responsible in any way for the Game you play or for any of your devices, tablet, computer, software, including for any communication or other errors in such Game or device, and such errors might be counted as losses in Tournaments you participate in.. We do not warrant or guarantee protection from viruses or other computer system malware. We do not claim or guarantee that the Services shall be uninterrupted, secure, or error-free. We do not guarantee that any Tournaments you participate in will be fair or that other players will not cheat in such games. We do not and cannot guarantee that the use of our Services will generate you any profits. We do not and cannot take responsibility for any losses to your Account. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to this agreement.

 

THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, MOBILE APP OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, THE COMPANY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS OR PERFORMANCE OF THE WEBSITE, THE GAME, YOUR ACCOUNT, THE MARKET DATA, THE MOBILE APP OR THE SERVICES; OR (II) THAT THE WEBSITE, THE GAME, MOBILE APP, THE MARKET DATA, OR THE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION OR SERVICES PROVIDED BY THE WEBSITE, MOBILE APP, THE MARKET DATA, THE GAME, SERVICES OR ANY THIRD-PARTY SERVICES. THE COMPANY MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED ON THE WEBSITE, MOBILE APP OR SERVICES.

 

If you choose to rely on information from the Services, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

• License to Use the Services

Subject to your compliance with the Terms, we grant you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, non-transferable, freely revocable license to use the Services. You acknowledge and agree that we own or control all legal right, title and interest in and to all the elements presented directly or indirectly on our Services and that we may terminate this license at any time for any reason whatsoever.

The brand names relating to the Services, including the Game, and any other Intellectual Property Rights used by the Company or on its own behalf from time to time are the Intellectual Property Rights of the Company or one of its group companies or its licensors and these entities reserve all rights to such Intellectual Property Rights. Unless otherwise provided, the Company, including its affiliates and subsidiaries, or its licensors own all the Intellectual Property Rights available on the Services, including but not limited to the information, images, pictures, graphics, photographs, animations, videos, audio, and text which are all protected by copyright.

We do not grant you or any other party any right, title or interest in the Services, the Game, or any materials available on our Services.  

You understand and acknowledge all of the following –

1. The use of the Services is for personal, non-commercial entertainment only and not for any other purpose.
2. Any material available on our Services, including those appearing on our Website or Mobile App should not be reproduced, copied, edited, published, transmitted or uploaded in any way without our written permission. 
3. Registering to our Services or participating in Games does not grant you any express or implied right under any of the Company’s Intellectual Property Rights or other proprietary information. 
4. If you violate or do not agree to these Terms, your license to access or use the Services will be immediately terminated and you will no longer be able to access or use our Services.
5. You are strictly prohibited from, without limitation, making any commercial use, modifying, sharing, publicly displaying, making of copies or derivate versions, displaying, distributing, posting or promoting for monetary purposes any part of the Services.

• Indemnification

​To the fullest extent permitted by Applicable Laws, You hereby agree to defend, indemnify and hold us or third party service providers harmless from and against any and all any claims, losses, matters, complaints, expenses (including but not limited to legal fees), costs, liabilities  and actions arising out of or related to your use of the Games, the Services or any activity relating to your Account, including but not limited to: 

1. Your failure to comply with any Applicable Laws; 
2. Any claim of infringement or misappropriation of any third-party rights, including but not limited to any, copyright, privacy rights or Intellectual Property Rights in the Services; 
3. Your breach of any provision of these Terms; 
4. Your willful misconduct or negligence; or 
5. Your use or misuse of the Services. 

 

You agree to promptly notify the Company of any third-party claims and fully cooperate with the Company in defending such claims at your sole expense. You further agree that at Company’s sole discretion, the Company shall have control of the defense or settlement of any such claims.

• Term and Termination

These Terms apply to you and to us from the date that you accept them as provided above. We reserve the right, without notice and liability and in our sole discretion, to terminate these Terms, revoke or forfeit any prize, funds or making void any transactions, or terminate or suspend your access to or use of all or any part of the Services effective immediately, at any time including, inter alia, if we suspect in our sole discretion that (a) you were engaged or are being engaged in fraudulent activity or any illegal activity under these Terms or any Applicable Laws; (b) you have provided false information to, or concealed any information from us; or (c) you have engaged in activity or if we believe that you engaged in violation (including alleged violations) of these Terms. Upon termination for any reason, your right to use the Services will immediately cease and you will continue to be bound by these Terms. 

 

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 in for any particular length of time. We may change and update the Services without notice to you. we make no warranty or representation regarding the availability of the Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including, for example, ceasing a Tournament or other Services for technical reasons (such as technical difficulties experience by us or on the internet) or to allow us to improve our user experience. 

 

You will be liable for all activities on your Account, until the Account is terminated.

 

If your Account is terminated, these Terms shall automatically and immediately terminate and all licenses granted to you under these Terms shall immediately terminate and you must cease using the Game and Services. 

 

If we suspend your Account or impose limits on your use of your Account, Game or Services, this shall not detract from our right to terminate your Account.    

 

The rights set out in this Section are without prejudice against any other rights or remedies that we may have against you under these Terms or otherwise. For avoidance of doubt, you further acknowledge that the termination or suspension of your Account shall in no way prevent us from pursuing criminal or civil proceedings in connection with any misconduct or breach of these Terms.

 

You may terminate your Account at any time for any reason by sending a support request at support@dividandy.com com or following the instructions provided on the Services. Upon termination of your Account, you must immediately discontinue use of the Services and your Account. You acknowledge that, immediately upon termination of your Account, all licenses and rights granted to you under these Terms automatically terminate.

•  Class Action and Jury Trial Waiver

Waiver of Class Actions and Class Arbitration. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DIVIDANDY AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND DIVIDANDY EACH WAIVE ANY RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AGAINST THE OTHER. NO ARBITRATION OR OTHER PROCEEDING WILL BE CONSOLIDATED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.

No Jury Trial. IF FOR ANY REASON DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND DIVIDANDY EACH WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Severability of Waiver. If any portion of this “Class Action and Jury Trial Waiver” section is found to be unenforceable or unlawful in a specific jurisdiction (such as under specific EU consumer directives where such waivers may be restricted), then that specific portion shall be severed, and the remainder of this section and the Arbitration Agreement shall remain in full force and effect.

Exclusive of Waiver. In the event that the arbitration agreement contained in these Terms becomes invalid or inoperable, or in the event that you decide to opt-out of the arbitration clause, in accordance with Section 19 below, the courts of Nicosia, Cyprus shall have exclusive jurisdiction to decide any dispute between the parties.

30-Day Opt-out Period. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION IN THIS SECTION, YOU MUST NOTIFY DIVIDANDY BY E-MAILING support@dividandy.com WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THE TERMS OF THIS AGREEMENT (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW). In the e-mail, you must provide your (a) first name, (b) last name, (c) address, (d) phone number, and (e) account number(s) and state the following: “I wish to opt out of the arbitration provision contained in Dividandy’s Terms & Conditions.”

In the event that your opt out is consistent with the procedure set forth above, all other terms contained herein shall continue to apply, including those related to the applicable governing law and the court(s) in which legal disputes may be brought.

• Governing Law and Dispute Resolution 

Governing Law. These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Cyprus.

 

Arbitration Agreement. All disputes arising out of or in connection with the present Terms and Conditions shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (“ICC Rules”) by an arbitration tribunal appointed in accordance with the said Rules. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED.

1. Seat and Language. The seat of the arbitration shall be Nicosia, Cyprus. The language of the arbitration shall be English.
2. Small Claims Exception. Notwithstanding the foregoing, either party may choose to pursue a claim in a small claims court (or the equivalent) of competent jurisdiction, provided the claim is pending only in that court and remains an individual claim (not a class action).
3. Inline Class Waiver. Where applicable and to the fullest extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

• Miscellaneous

Non-refund. Unless stated otherwise, and subject to Applicable Laws, any purchase of products or services from the Company or with respect to the Services is final and non-refundable.

Severability. If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with Applicable Laws to reflect, as closely as possible, the original intent of the parties.

No Waiver. Our failure to exercise or enforce any right or provision in these Terms shall not be considered as a waiver of such right or provision, unless agreed upon in writing.

Force Majeure. We will not be held liable for any failure or delay in fulfilling any of our obligations under the Terms for so long as our performance is directly or indirectly prevented, hindered or delayed by a Force Majeure Event. For the purposes of the Terms, “Force Majeure Event” shall mean an event beyond the Company’s reasonable control including without limitation, acts of God, acts of government, fire, flood or storm damage, earthquakes or other natural disaster, labor disputes, trade disputes, explosion, strikes, industrial action, lockouts, war, riot, pandemic, epidemic or non-performance by suppliers or subcontractors.

Entire agreement. These Terms, including the documents referred to in these Terms, constitute the entire agreement between the parties regarding the use of the Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter these Terms herein.

Conflict. In the event of any conflict or inconsistency between these Terms and other rules or policies applicable to the Services (including, without limitation, any Tournament rules or promotion-specific Terms), these Terms shall prevail and govern to the fullest extent permitted by Applicable Laws.

Notice. You agree that we may provide any and all notices to you via email to the email address which we have on our records, and that all such notices shall be deemed given at the time that they are sent.

Third parties. Unless otherwise expressly stated, nothing in these Terms shall create or confer any rights or any other benefits to third parties.

Survival. Any and all terms and conditions within these Terms that should, by their nature, survive termination of your Account, will survive such termination, including but not limited to the following Sections: 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18, 19.

Assignment. You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including any right or obligation related to the enforcement of laws or the change of control. We may assign, transfer, sublicense, or pledge in any manner whatsoever any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

Language. These Terms may be translated into other languages. In the event of any inconsistency between the English version of these Terms and any translation, the English version shall prevail to the extent permitted by Applicable Laws.

• Contact Us

If you have any questions, would like to provide us with feedback or receive more information, please feel free to email us support@dividandy.com Subject to the content of your inquiry, we may request that you provide additional information in order to allow the appropriate handling of your inquiry.