Terms of Use

The terms of the following Agreement (“Terms of Use”) govern the relationship between Balance Technology INC., Company located at 1312 17th Street Unit 2588,Denver,CO,80202 US (hereinafter “We,” “Us,” “Balance”) regarding your use of Balance’s games and all components thereof and related thereto, including any versions, updates, add-ons, expansion packs and downloadable content (collectively, the “Service”) on any device whatsoever.

Before using the Service, you must agree to the following Terms of Use. Should you require to create and register an account for the use of the Service, you agree that you are 13 years old or older. Should you be between the ages of 13 and 17, you confirm that you have obtained approval from your legal guardian to use the Service and to agree to these Terms of Use.

UPON THE INSTALLATION AND LAUNCHING THE SERVICE, YOU AGREE TO OUR TERMS OF USE. IF YOU DO NOT AGREE TO SAID TERMS, PLEASE UNINSTALL OUR SERVICE FROM YOUR DEVICE(S) AND REFRAIN FROM USING OUR SERVICE. USE OF SERVICE IS VOID WHERE PROHIBITED.

We reserve the right to update (modify, add or remove portions) our Terms of Use. This can be done at Balance’ discretion and at any given point in time. Continued usage of the Service equates to your accepting of our Terms of Use. If at any point you decide that you no longer agree with our Terms of Use, you must cease using the Service and uninstall them from any personal device on which you have installed the Service.

1. Limited License
   • Subject to your agreement to Balance’s Terms of Use, we grant you a non-exclusive, non-transferable, revocable, and limited license to access and use our Service for personal, non-commercial entertainment purposes. The following restrictions apply:
   • You must be at 13 years of age or older to use the Service;
   • You are responsible for the use of any credit card and or other payment methods (including the usage of such payment methods by minors) within the Service;
   • You will not under any circumstance sell or purchase accounts linked to our Service;
   • Should you have been previously banned from our Service, you will not create a new account; and
   • You shall only use your account for non-commercial, personal purposes.
2. Account
   • You shall not share your account or engage in activities that would/could compromise your account’s security. Should you believe that your account has been compromised, please contact Balance ([email protected]) immediately to inform us of the situation.
   • We reserve the right to remove, reclaim, or modify any account and or player username at any given point in time for whatever reason we deem just and fair, including but not limited to claims by a third party that a username violates a third party’s rights.
3. Licence Limitations
   • The violation of the following licence limitations is strictly forbidden. Should you violate any of the following rules, Balance reserves the right to revoke your access to our Service. You agree that you will not:
   • Make copies, distribute, make available to any third party or otherwise derive any financial benefit or other personal gain from the Service;
   • Create any derivative work based on the Service, or attempt to apply for or register any intellectual property right related to the Service;
   • Create, use, and or share cheats, exploits, bots, hacks, mods, and other third-party software that directly or indirectly affect our Service;
   • Interfere, disrupt or partake in activities that negatively affect the stability of the Service and its servers;
   • Modify game files for the Service without our consent;
   • Take any form of involvement in the spreading of viruses and other negatively impactful software that target our Service;
   • Make use of unlawful forms of communication;
   • Engage and encourage toxic behaviour;
   • Impersonate Balance staff or any third party;
   • Harm, harass, or abuse our staff or any third party; and
   • Attempt to obtain a user’s account information and or data.
     • We reserve the right to judge what constitutes negative/toxic behaviour and behaviour that violates the Terms of Use. We also reserve the right to take necessary action, including the revoking of your account and prohibiting you from engaging with or using our Service.
     • You agree that, at all times, you will access and use the Service in accordance with all applicable laws and regulations and solely for purposes set forth in Section 1.1.

• Suspension & Termination of Accounts
  • Without limiting any other remedies, Balance may choose to terminate, suspend, modify, or revoke access to your account in the event that you fail to comply with our Terms of Use. As a result, you may lose benefits earned, items purchased, and any item associated with your Service account. We are under no obligation to compensate for these losses.
  • We reserve the right to terminate accounts that have been inactive for 180 days.
  • Balance reserves the right to stop supporting any Service we offer. Should we cease to support a Service or any component thereof, your licence to use said Service will be terminated. We are not obliged to refund you or compensate you for the cessation of support for the Service, in whole or in part.
  • You have the right to terminate your account at any given point in time. Should you wish to do so, please contact our support team [email protected]
• Intellectual Property
  • All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, characters, stories, dialogue, concepts, artwork, animations, music, sound design, documentation, transcripts) are owned by Balance and our partners. All rights in the Service are reserved by Balance, including without limitation, all intellectual property rights or other proprietary rights in connection with the Service, and nothing in these Terms of Use shall be construed or implied as granting any rights to you other than under Section 1.1.
• Submission of Materials
  • Unless specific regulations or written procedures by Balance exist in that regard, outlining other terms and conditions, when you submit messages, data, texts, photographs, images, receipts and other materials to Balance (through the Service or otherwise) (“User Content”), you grant Balance a worldwide, unlimited, irrevocable, non-exclusive, perpetual, fully paid-up licence for: i) use, reproduction, storage, adaptation, translation, modification, creation of derivative work, transmission, distribution or provision for public access to the User Content you submitted for any purpose; and ii) granting sub-licences to third parties for the exercise of any of the aforementioned rights.
  • In addition to the abovementioned licence, under these Terms of Use, you: i) waive all moral rights regarding your User Content, ii) consent that your name, address and email address appear regarding your User Content where applicable, as well as the sharing or display of this information, iii) acknowledge and agree that Balance shall not be held responsible for any loss, damage or corruption to your User Content; and, iv) undertake and agree that the items that you supply for display on the Service or that you provide to Balance shall be considered as non-confidential.
  • You represent and warrant to Balance that i) your User Content is original; ii) your User Content does not infringe any intellectual property rights, including without limitation copyright; iii) you are the sole owner of all intellectual property rights, including copyright without limitation, on and to your User Content or, where applicable, you have obtained written permission from the owner to provide your content; iv) your User Content does not infringe the privacy or image rights of a third party; v) your User Content is truthful, accurate, up to date and complete, to your knowledge; and vi) your User Content is not illegal in any other way.
  • Balance has no obligation to verify User Content present on the Service or that is transmitted to it. You recognize, nevertheless, that Balance may at any point verify this User Content, particularly to comply with a law, a regulation, a decree or a request from the authorities, to ensure the correct functioning of the Service or for any other reason, at its discretion. Balance reserves the right to modify, refuse or delete any User Content present on its Service or that is transmitted to it if Balance considers, at its sole discretion, that this User Content contravenes these Terms of Use.
• Account Ownership
  • You acknowledge and agree that Balance has full ownership and property interest in all its games’ accounts. Thus, you recognize that Balance owns all rights pertaining to said accounts.
• Purchase Terms
  • You may purchase virtual currency (“Bux”) with the use of “real money” in our Service. Purchase of such items is only acceptable through our Service and or authorized partners.
  • We reserve the right to manage, regulate, control, and adjust virtual currency with or without notice. You acknowledge that said virtual currency is not intended to be transacted with, resold or otherwise used for any purpose outside of the Service, and you hereby release and discharge, and will indemnify and hold harmless Balance, its affiliates, partners, subsidiaries or licensors as well as their employees, contractors, agents and directors (“Balance Parties”) from any liability arising out of your use of such virtual currency, except as expressly intended through the Service.
  • In-app purchases are final and non-refundable.
  • We further reserve the right to change the displayed prices for Bux or any other in-app purchases at any time and without prior notice. Taxes and delivery fees, if applicable, are not included in the displayed prices. All prices displayed are in Canadian dollars. Despite our efforts to be as precise as possible, the price of any item appearing on the Service may be inaccurate. If the product price advertised on the Service determined to be inaccurate, we reserve the right to either change the price or cancel a purchase made on the Service or otherwise, at our sole discretion.
• Exclusion of Liability
  • We are providing the Service and its contents on an “as-is” basis and make no representations or warranties of any kind, express or implied, with respect to the operation of the Service, the information, content, materials or products, included in the Service. To the fullest extent permitted by law, Balance disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Balance does not represent or warrant that the information accessible via the Service is accurate, complete or current. Balance will not be liable for any damages of any kind arising out of or in connection with the use of the Service. Balance, their affiliated entities, and partners or licensors are in no way liable for direct or indirect damages due to the use or incapacity to use or have access to the Service or the content and items these may allow access to. This limitation applies whether based on contractual or extra-contractual rights, even if Balance has been advised of the possibility of such damages. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
  • Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for some damages. Accordingly, some of the above limitations may not apply to you.
• Indemnification
  • Upon Outermind’s request, you undertake to indemnify and keep harmless the Balance Parties against any liabilities, claims and costs (including legal fees and costs) resulting from your use or errors in the use of the Service. To the fullest extent possible, you accept to cooperate with Balance for its defence in the context of any situation in which you should provide an indemnity.
• Miscellaneous
  • These Terms of Use form the full set of rights and obligations between Balance and you, and replace any terms or prior provision relating to your use of the Service. No verbal or written declaration from an employee or director of Balance, or any other person, may modify or substitute these terms and conditions.
  • The Service is managed and fed from a computer located in The United States. The content and use of the Balance’ products are governed by the applicable laws of The United States. These Terms of Use, as well as any dispute or misunderstanding resulting from their application, must be interpreted in accordance with these laws, In the case that any part of these terms and conditions were held to be unlawful, null or unenforceable, this part would be deemed to be divisible from all other provisions of these terms and conditions and would thus not affect the validity or enforceability of these other provisions, which would be interpreted without making reference to the removed section. Any litigation resulting from or associated to the use of the Service or to these Terms of Use shall be subjected to the exclusive jurisdiction of the courts of The United States court, despite any potential application of the principle of conflicting laws.