Terms and Conditions

Boardible's Terms and Conditions and End User License Agreement

Last updated: March 25, 2024

These Terms and Conditions and End User License Agreement ("Terms") establish the relationship between the end user ("User") and Boardible, in the context of the use of the software owned by Boardible LTDA. ("Application"), available for download on a digital distribution platform (“App Marketplace”). Throughout these Terms, Boardible and the User may be jointly referred to as the "Parties" and individually as the "Party".
The Application is licensed to you by Boardible LTDA., a limited liability company with head offices in Brazil, registered with the Brazilian TAX ID under nº. 44.544.388/0001-67, with address at Rua Guimarães Passos 182, apartment 21, neighborhood Vila Mariana, Zip Code 04107-030, São Paulo - SP , Brazil (hereinafter referred to as "Licensor" or "Boardible"), for your exclusive use under these Terms.
The Parties to these Terms acknowledge that the App Marketplace is not a Party to this Terms and is not subject to any provisions or obligations related to the Application, such as warranties, liabilities, maintenance and support thereof. Boardible is solely responsible for the licensed Application and its content.
These Terms and Conditions may not provide rules for the use of the Application that conflict with the latest App Marketplace’s terms of service.
All rights not expressly granted to you through these Terms belong to the Licensor.
BY DOWNLOADING, ACCESSING, REGISTERING AND/OR USING THE BOARDIBLE APPLICATION, THE USER DECLARES AND WARRANTS THAT IT HAS CAREFULLY READ AND FULLY AGREES TO THESE TERMS.

1. THE APPLICATION
1.1 Boardible is software designed to allow users to play board and card games that have been adapted and customized for mobile devices, individually or in groups, providing quality time and fun for its players. Users can also connect the Application to a Smart TV and use it as a board and paying Users can invite third parties (guest users) to play.

2.    REGISTRATION AND ACCESS
2.1 Before accessing the Application for the first time, the User must register by filling in a specific form. This registration may vary depending on the type of User (paying or guest). The registration fields must be filled in with complete, recent, valid and correct information.
2.1.1    The User is aware that all payments due for use of the Application are made and processed by the App Marketplace, as are any returns and refunds. No charges are made within the Application.
2.2 The User must keep all the information provided to the Application up to date, as well as guarantee the confidentiality of the access password, and may not share it with third parties not expressly authorized by Boardible, which will not be held liable for any activities carried out by Users in the Application, whether or not they are authorized to access it. Users agree to change their password immediately if they become aware that someone has accessed their registration in an unauthorized manner.
2.3    The User may not, in the context of the Application, record registration data containing: (a) offensive, abusive, discriminatory, defamatory or illegal material in general; and (b) illegal information or information intended to promote or commit an illegal act of any kind.
2.4    The conditions for User access to the Application may be altered at Boardible's sole discretion in order to adapt or improve its functionality. Boardible may also adopt the appropriate legal measures and/or restrict certain accesses which may, in Boardible's reasonable discretion, cause damage to Boardible and Users, as well as obstruct the normal use of the Application.

3. INTELLECTUAL PROPERTY AND LICENSING TERMS
3.1    With the exception of elements whose intellectual property clearly belongs, or is expressly indicated in the Application, to third parties (for example, the games of our partners), the User declares and guarantees that they acknowledge that the Application, its source code and all its elements, including the Boardible brand, are the property of Boardible.
3.2    Consequently, no content owned by Boardible or third parties may be used, transferred, sublicensed, exploited or altered without the prior consent of Boardible or without express provision in these Terms.
   3.3    The User may not, under any circumstances: (i) appropriate the elements owned by Boardible and/or our partners to use them outside the Application, for any purpose, by using any means or techniques, such as reverse engineering, cyber-attacks etc. (ii) reproduce and/or copy, partially or totally, permanently or temporarily, the Application and/or the content made available therein; (iii) artificially alter the data or manipulate the Application by employing technical mechanisms that in any way subvert the regular use of the Application , such as the use of robots, bots, spiders, scripts or any other type of automated access that in any way serves to distort the purpose of the Application; and (iv) use or implement malicious content, such as malware, Trojans or viruses, or others that in any way interfere with the functioning of the Application.
3.4    For the use of the Application by the User, Boardible grants the User a temporary, revocable, limited, non-exclusive, non-sublicensable and non-transferable license to use the Application, except for access by guest accounts via the paying User's invitation, and this license may be free or onerous depending on the type of User.
3.5. The User declares and warrants that it acknowledges that the Application is offered as “Software as a Service”, accessed via an internet connection, and made available as is, without warranties of any kind, express or implied, including, without limitation, warranties of suitability for a particular purpose, or that the Application, the App Marketplace and/or the services provided by Boardible will function uninterruptedly or be free of bugs.
3.6. The Application does not allow Users the possibility of sending or publishing content and contributions. In the event that the User suggests or produces improvements to the Application, including drawings, ideas, suggestions or creative materials, annotations, concepts, comments, suggestions for techniques, know-how, advertising material, video or other information, the User agrees to assign the ownership to Boardible immediately, free of charge, royalty-free, irreversibly and irrevocably for any type of use and purpose by Boardible, without exclusivity, with global validity, for the full term of the legal protection and may be sublicensed and assigned freely by Boardible. The User also declares that the contributions do not violate any laws or rights of third parties, including intellectual property rights.
3.7    Violations of the aforementioned obligations, as well as attempted violations, may be subject to damages assessed by a court. Boardible reserves the right to modify the licensing terms and conditions by notifying the User.

4.    TECHNICAL REQUIREMENTS AND SUPPORT
4.1.    The User must keep the Application up to date so that it complies with the latest firmware and hardware versions of the devices. The User cannot claim an update if it is not yet available.
4.2.    The User acknowledges that it is their responsibility to confirm and determine whether the device on which they intend to download and use the Application meets the necessary technical specifications. The User can check the technical compatibility of your device by accessing the Application‘s page on the App Marketplace and clicking on "About this game".
4.3    The Licensor reserves the right to modify the technical specifications of the Application as deemed appropriate at any time.
4.4    The Licensor is solely responsible for providing any maintenance and support services for the Application. The User may contact Licensor via the email address listed under "App Support" on the Application ‘s page on the App Marketplace.
4.5. Boardible and the User acknowledge that the App Marketplace is not obligated to provide any maintenance and support services related to the Application.

5. PERSONAL DATA COLLECTION AND PRIVACY
5.1.    Information regarding the collection and processing of Users' personal data by Boardible is detailed in Boardible's Privacy Policy (available at https://www.boardible.com/privacy-policy). By using the Application, the User expressly agrees to the terms of the Boardible's Privacy Policy.
5.2    Boardible undertakes to fully comply with the provisions of Brazilian Law No. 13,709/2018 ("LGPD") and other applicable legislation regarding the processing of Users' personal data that needs to be collected to enable the functionalities of the Application.
5.3    As provided in the Boardible's Privacy Policy, Boardible may collect and use technical data and related information about your device, such as application and system software, and other data, which is collected from time to time to facilitate the provision of updates, product support and other services related to the Application. Boardible may use this data as described in the Boardible's Privacy Policy.

6. RESPONSIBILITY
6.1 Boardible's liability in the event of breach of duty and tort, including breaches of contractual duties provided herein, shall be limited to damages ascertained in court.
6.2 Users are solely responsible for its conduct and for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, sound recordings, works of authorship, applications, links and other content or material that the User send, share, publish, use, provide, transmit or display on or through the Application, or even on or through the App Marketplace.

6.3. THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE USE OF THE APPLICATION IS AT THE USER'S OWN RISK AND THAT THE ENTIRE RISK AS TO ITS SATISFACTORY QUALITY AND PERFORMANCE LIES WITH THE USER. THE APPLICATION IS PROVIDED "AS IS". BOARDIBLE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AGREEMENTS AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY, ARISING BY TRADE PRACTICE OR USAGE AND OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES OR CONDITIONS OF SUITABILITY FOR PARTICULAR PURPOSE, SATISFACTORY QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT AND SALE BY DESCRIPTION.

6.5. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL BOARDIBLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING FROM ACTS OF GOD OR FORCE MAJEURE, PROBLEMS ATTRIBUTABLE TO CONNECTION PROVIDERS AND TELECOMMUNICATIONS COMPANIES, UNLAWFUL DIGITAL HACKING PRACTICES, PHISING AND THE LIKE, LOST PROFITS, MENTAL DISTRESS, INTERRUPTION OF USE OR ACCESS OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APPLICATION OR ITS CONTENT, REGARDLESS OF CAUSE AND REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT SHALL BOARDIBLE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION OR ITS USE EXCEED THE AMOUNT PAID BY YOU FOR THE USE OF THE GAME GIVING RISE TO THE CLAIM, EVEN IF A CLAIM IS ONGOING.

7. GUARANTEES
7.1. Subject to the technical requirements set out in Clause 4 above, the Licensor warrants that to the best of his knowledge the Application will be free of spyware, Trojans, viruses or any other malware at the time of download and that it will function as described on the Application's Application ‘s page on the App Marketplace.
7.2 No warranty is provided for devices and users where the Application has been: modified without authorization; handled inappropriately or culpably; combined or installed with inappropriate hardware or software; used with inappropriate accessories; or if there are any other reasons outside Boardible's sphere of influence that affect the Application's ability to run.
7.3 The User warrants that it will inspect the Application immediately after installing it and will notify immediately Boardible of any problems discovered via the email indicated under "App Support" on Application ‘s page on the App Marketplace. The defect report will be considered and investigated and, if the problem is confirmed, Boardible reserves the right to remedy the situation as it sees fit on a case-by-case basis.

8.    GENERAL PROVISIONS
8.1    These Terms shall become effective as from the User's registration with the Application and shall remain in force during the User's use of the Application, and may be terminated (i) by the User, at any time, without prior notice, upon deletion of their account on the Application; and/or (ii) by Boardible (a) immediately, in the event of a breach of the Terms by the User, (b) with or without cause, giving the User at least 7 (seven) days' notice.
8.1.1    Upon termination of these Terms, Boardible shall bear no obligation or liability towards the User, including the responsibility to remove, relocate or change any content.
8.2    The valid and effective version of these Terms is the one currently published on the Application and on our website. This version governs all past and present relations between Users, respecting acquired rights and perfect legal acts.
8.2.1    Boardible may update these Terms from time to time, notifying Users of such updates. Continued use of the Application by the User after such update will correspond to free, express and consensual acceptance of the new version of these Terms.
8.3    The rights and obligations provided for in these Terms may not be assigned or transferred by the User without the express consent of Boardible, which may, however, freely assign or transfer its rights and obligations without any consent.
8.4    The rights provided for in these Terms shall be cumulative with other rights provided for by law. Any forbearance on the part of either Party regarding the delay, non-compliance or inaccurate compliance with any of the provisions of these Terms shall not be construed or understood as a waiver of any right of that Party, shall not prejudice the right to demand compliance with the obligation assumed and shall not constitute a ovation.
8.5    These Terms do not create any corporate, labor or any other type of relationship between the Parties, and there is no relationship of subordination between the Parties.
8.6    The invalidity or ineffectiveness, in whole or in part, of any of the clauses in these Terms shall not affect the others clauses, which shall always remain valid and effective until the Parties have fulfilled all their obligations herein.
8.7    All clauses which, by their nature, may subsist even after the termination of these Terms, shall remain valid after such termination, such as, but not limited to, clauses protecting intellectual property, liability, etc.
8.8    All notices regarding these Terms shall be sent to the Boardible email address provided in the Application and/or on the Application ‘s page on the App Marketplace.
8.9    These Terms shall be governed by the laws of Brazil. Any disputes arising from these Terms shall be resolved exclusively under the Brazilian’ jurisdiction, with express waiver of any other, however privileged.