This Terms of Service Agreement (“Agreement”) outlines terms between Phocore Inc. (“Vendor” or “Phocore”) and the user (“Licensee” or “You”) of any software or game developed by Phocore (“Phocore Services”). By using Phocore Services, you agree to be bound by the terms of this agreement.

BY INSTALLING, COPYING AND/OR OTHERWISE USING PHOCORE SERVICES, AND EACH TIME YOU ACCESS PHOCORE SERVICES, YOU ARE SIGNIFYING YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF, AND COMPLIANCE WITH, THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO OPEN, DOWNLOAD, INSTALL, COPY, OR USE PHOCORE SERVICES.

You agree to be bound by the following terms and conditions:

1. LIMITED WARRANTY

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

2. REVERSE ENGINEERING

You may not reverse engineer, disassemble, decompile, modify, or otherwise derive source code from the Software in whole or in part.

3. Limitation of Liability

YOU USE THE SOFTWARE AT YOUR OWN RISK. NEITHER PHOCORE NOR ITS LICENSORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR ANY USE OF THE SOFTWARE. THIS INCLUDES ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE AND EVEN IF THAT LOSS, INJURY OR DAMAGE IS FORESEEABLE, RESULTING FROM USE OF THE SOFTWARE. IN NO EVENT WILL PHOCORE'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.

4. DISTRIBUTION

Any reproduction or redistribution of the Software and Documentation not expressly authorized by the terms of this Agreement is expressly prohibited. You agree not to copy, download, reproduce, republish, upload, post, transmit, perform, display, distribute, rent, sell, or in any other way exploit the Software, or to participate with or to encourage others to engage in such acts, without the prior written consent of Phocore.

5.Ownership

The Software is owned by Phocore. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software. This Software is licensed not sold. All rights not expressly granted here are reserved by Phocore.

6. Disclaimers

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE SOFTWARE, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT.

7. Community Content

Community Content that you upload shall not: (i) infringe any third party intellectual property or other proprietary or publicity/privacy rights, (ii) violate any law or regulation, (iii) be defamatory, profane, obscene, child pornographic or harmful to minors, (iv) contain any viruses, trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (v) alter or remove existing intellectual property notices or (iv) violate these Terms of Service;

Notwithstanding anything in this Agreement to the contrary, Phocore has no support, warranty, indemnification or other obligation or liability with respect to your Community Content or their combination, interaction or use with the Software. You shall indemnify, defend and hold Phocore harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim brought against Phocore by a third party relating to your Community Content (including but not limited to any representations or warranties you make about Your Community Content) or Your breach of this Section.

8. General Provisions

If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This agreement shall automatically terminate upon failure by you to comply with its terms. After the termination of this agreement, you must cease to use the Software. Phocore, on its sole discretion, may modify this agreement at any time.

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed exclusively in accordance with the laws of the Province of Ontario.

The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which are accessible at Phocoregames.com unless otherwise defined in this Privacy Policy.

This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use Phocore Services.

If you choose to use Phocore Services, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.

Information Collection and Use

For a better experience, while using Phocore Services, we may require you to provide us with certain personally identifiable information. The information that we request will be retained by us and used as described in this privacy policy.

Phocore Services does use third-party services that may collect information used to identify you.

Link to the privacy policy of third-party service providers used by the app

• Unity

Log Data

We want to inform you that whenever you use Phocore Services, in a case of an error in the app we collect data and information (through third-party products) on your device called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing Phocore Services, the time and date of your use of the Service, and other statistics.

Cookies

Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.

Phocore Services do not use these “cookies” explicitly. However, the app may use third-party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Phocore Services.

Service Providers

We may employ third-party companies and individuals due to the following reasons:

• To facilitate Phocore Services;

• To provide the Service on our behalf;

• To perform Service-related services; or

• To assist us in analyzing how Phocore Services is used.

We want to inform users of Phocore Services that these third parties have access to their Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

Security

We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.

Links to Other Sites

Phocore Services may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Children’s Privacy

Phocore Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13 years of age. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do the necessary actions.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page.