Terms of Use

The terms of this End-User License Agreement («EULA» or «Agreement») govern the relationship between You and BYRIL OOO («BYRIL», «we», «our» or «us»). Our contact details are set out in the «Contact Information» section below.

These Terms set out how you may use our mobile applications («Application» or «App») and related services. Please read these Terms carefully to make sure you understand them.

These Terms form a legal agreement between you and us. They explain what terms you must comply with whenever you use our App. By agreeing to these Terms, or using our App, you agree to accept and be legally bound by these Terms. If you do not agree with the Terms, you should not access or use our App.

You should also read our Privacy Policy to understand how we use your personal information: http://byril.com/policy.html.

1. License

1.1 Limited license grant

Through the purchase or use of the Application, You are acquiring and BYRIL grants You a personal, revocable limited, non-exclusive, non-sublicensable, non-transferable license to install and use the Application for Your own non-commercial use, subject to the limitations defined in this EULA. The Application is being licensed to You and You hereby acknowledge that no title or ownership of the Application is being transferred or assigned to You and this EULA is not to be construed as a sale of any rights of the Application. Your rights granted herein are subject to Your compliance with this EULA and You agree not to use the Application for any other purpose. Any commercial use is prohibited.

1.2 License limitations

Any use of the Application in violation of these License Limitations is strictly prohibited and can result in the immediate revocation of Your Limited License and may trigger Your liability for violations of law.

Unless You have received prior written authorization from BYRIL, You agree not to:

• use cheats, automation software, bots, hacks or any other unauthorized software designed to modify or interfere with the Application and/or any files that are part of the Application;
• commercially exploit the BYRIL Application, its Gameplay, Characters, Design, 2D or 3D models, Artwork or any other part of the Application;
• create Derivative Works of the Application;
• access or use the Application with any technology or means other than those provided in the Application, or through other explicitly authorized means that BYRIL may designate;
• make a copy of the Application available on a network where it could be used by multiple users;
• register domain names, social media accounts or related addresses that include BYRIL’s trademarks;
• use the Application or related assets and/or BYRIL’s trademarks on or in connection with content that (i) promotes cheats, hacks, violence, discrimination, inappropriate themes, illegal activities, or sexually explicit content; (ii) makes untrue, dishonest, disparaging, or libelous statements about BYRIL and/or its products, employees, and agents; and/or (iii) contains other objectionable content;
• resell, copy, transfer, distribute, display, translate, or modify the Application or make derivative works of the Application or any part thereof;
• re-use, copy, or distribute text, pictures, music, barcodes, video, data, hyperlinks, displays or any other content provided by the Application;
• redistribute, sublicense, rent, publish, perform, sell, assign, lease, market, transfer, or otherwise make the Application available to third parties;
• seek to disable, reverse engineer, decompile or otherwise attempt to extract the source code of the Application or any part thereof, unless this is expressly permitted or required by applicable law or by the licensing terms governing the use of any open-sourced components included within the Application;
• delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Application;
• use the Application when operating vehicles;
• remove or alter BYRIL’s trademarks or logos or legal notices included in the Application or related assets;
• use the service to try to gain unauthorized access to any service, data, account or network by any means;
• post any information that contains nudity, violence, or offensive subject matter or that contains a link to such content;
• make an attempt to or harass, abuse, threaten, defame or otherwise infringe or violate the rights of any other party;
• use the Application in any way that is unlawful, fraudulent, or deceptive;
• use technology or any other means to access BYRIL’s proprietary information not authorized by BYRIL;
• use or launch any automated system to access BYRIL’s website or computer systems;
• attempt to introduce viruses or any other malicious computer code that interrupts, destroys, or limits the functionality of any computer software, hardware, or telecommunications equipment;
• attempt to gain unauthorized access to BYRIL’s computer network or user accounts;
• encourage conduct that would constitute a criminal offense, or would give rise to civil liability; or
• use the Application in any manner not expressly allowed in this EULA.

BYRIL reserves the right to determine in its sole discretion what kind of conduct is considered to be in violation of the terms of this EULA. Furthermore, BYRIL reserves the right to take appropriate action as a result of Your violation of the terms of this EULA, including but not limited to prohibiting You from using the BYRIL Application in whole or in part.

 

1.3 Allowable uses of the application

USE OF THE APPLICATION AND ANY OF YOUR INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION IS LIMITED TO THE FUNCTIONALITY OF THE APPLICATION AND TO THE LIMITED LICENSE GRANT AS OUTLINED ABOVE. YOU MAY NOT OTHERWISE USE THE APPLICATION OR ANY COMPONENT OF IT, EXCEPT AS EXPRESSLY AUTHORIZED BY BYRIL IN WRITING IN ADVANCE.

2. User content

Notwithstanding anything to the contrary stated in this EULA, You are allowed to create and use «User Content» (as defined below) in a non-modified form (exactly as produced by the Application) subject to the License Limitations and Specific Rules for User Content defined herein.

Any modification of User Content created by the Application or incorporation of such User Content into other works requires explicit written approval from BYRIL. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Application or rights to use the Application. This EULA does not entitle You to receive, and does not obligate BYRIL to provide, hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application.

2.1 Submissions of user content

The Application may allow You to create content such as videos, data, photographs, messages, graphics, text, and other information («User Content»), and to share such User Content with BYRIL or with other sites, including social networking sites, as You may designate. You are solely responsible for Your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, «share») on or through the Application, and You agree that BYRIL is only acting as a passive conduit for Your online distribution and publication of Your User Content.

The Application may enable sharing of User Content in two ways: (i) one-to-one (e.g. through SMS, email, KakaoTalk, and Facebook message); and (ii) one-to-many (e.g. Facebook, YouTube, Twitter, Everyplay, email). Unless explicitly stated otherwise herein, no User Content is stored by BYRIL and BYRIL only acts as a passive conduit, offering You a platform to create User Content and (solely to help You and for the sake of improving user experience) referring You to a third-party service (e.g. email client, Facebook, Twitter, or YouTube application) where You can decide what User Content to share, how, when and with whom.

You understand that unless explicitly stated otherwise herein BYRIL has no control over the access to Your User Content, the sharing of Your User Content, the privacy or confidentiality of Your User Content and that You, together with the third-party service providers (e.g. Facebook, YouTube, Twitter), are subject to the terms of service of said third-party service providers and have the sole control over such User Content.

You agree not to share User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking them for personally identifiable details, or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that BYRIL deems to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that You know is not correct and current.

If You believe that certain User Content shared through the Application, but stored on third-party services (e.g. Facebook, YouTube, etc.), is infringing Your rights, please contact the respective third-party service provider where such User Content is stored.

You agree that any User Content that You share does not and will not violate third-party rights of any kind, including and without limitation any «Intellectual Property Rights» (as defined in Section 7 herein) or rights of publicity and privacy. To the extent that Your User Content contains music, You hereby represent that You are the owner of all the copyright rights, including and without limitation, the performance and the mechanical and sound recording rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and that You have the power to grant the license granted below.

Notwithstanding anything to the contrary stated herein, BYRIL reserves the right in its sole discretion to review, monitor, prohibit, edit, delete or otherwise make unavailable any User Content at any time without notice for any reason or no reason at all. By entering into this EULA You hereby provide Your irrevocable consent to such monitoring and You acknowledge and agree that You have no expectation of privacy concerning the sharing of Your User Content. If BYRIL at any time decides, in its sole discretion, to monitor User Content, BYRIL does not assume any responsibility for User Content and/or has no obligation to remove or edit any inappropriate User Content.

2.2 License grant for the user content

By creating User Content through BYRIL Applications, You expressly grant, and You represent and warrant that You have a right to grant to BYRIL a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, monetize, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of, and otherwise exploit, all such User Content, as well as Your name, user name, voice, and/or likeness as contained in Your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Application and BYRIL’s (and its successors’ and affiliates’) business, including and without limitation for promoting and redistributing part or all of the Application (and any derivative works thereof) or any BYRIL Application in any media formats and through any media collections and in connection with various advertisements, such as banner ads, mobile ads, and video ads. You also hereby grant each user of the Application a non-exclusive license to access Your User Content through the Application, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Application or the Internet and under this Agreement.

2.3 Specific rules for user content

By creating User Content through BYRIL Applications you agree to these Specific Rules that outline Your use of any BYRIL’s Intellectual Property Rights:

• User Content will be used for the sole purpose of non-commercial displaying, identifying, and discussing BYRIL Applications in accordance with these Specific Rules. You are not allowed to create new applications, products, and/or content based on BYRIL Intellectual Property Rights, even if such content would be free.
• You are not permitted to charge any kind of fees from customers or visitors of Your User Content, unless You obtained express prior written approval from BYRIL.
• BYRIL, in its sole discretion, reserves the right to monetize or use User Content or its parts created through BYRIL Applications. To the extent that BYRIL does not use its right to monetize the User Content, You may monetize Your User Content by using advertisements, however You are solely responsible for ensuring that such advertisement is compliant with any and all applicable laws, rules, regulations and developer policies.
• You must not create and use the User Content under the impression that BYRIL is a creator or sponsor of Your User Content. Furthermore, You are also not allowed to create any materials from BYRIL’s Intellectual Property Rights that are similar to BYRIL’s logos, trademarks, or any other elements of BYRIL’s Intellectual Property Rights. You are not permitted to modify in any way Oufit7’s Intellectual Property Rights without the express prior written approval of BYRIL.
• Unless You obtained prior written approval from BYRIL, You are not allowed to manufacture or distribute (for free or otherwise) any physical items that bear any of BYRIL’s Intellectual Property Rights.

BYRIL reserves the right to determine, in its sole discretion, which User Content is in accordance with the above-mentioned Specific Rules and may revoke the Limited License in this EULA at any time and for any reason.

 

2.4 Limitation of liability for user content

BYRIL takes no responsibility and assumes no liability for any User Content that You or any other user or third party creates with the Application or shares through the Application. You shall be solely responsible for Your own User Content and the consequences of sharing or publishing it. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that You send, upload, download, stream, post, transmit, display, share or otherwise make available or access through Your use of the Application is solely Your responsibility. In connection with Your User Content and in addition to any other representations and warranties contained in this EULA, You affirm, represent, and warrant the following:

1. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Application and this EULA, and each such person has released You from any liability that may arise in relation to such use.

2. Your User Content and BYRIL's use thereof as contemplated by this EULA and the Application will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights, and rights of publicity.

3. BYRIL may exercise the rights to Your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

4. BYRIL is not responsible for any public display or misuse of Your User Content. You understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and You agree that BYRIL shall not be liable for any damages you allege to incur as a result of such User Content.

3. Access

You must provide, at Your own expense, the equipment, Internet connections, or mobile devices and/or service plans to access and use the Application. BYRIL does not guarantee that the Application is available in all geographic locations. You acknowledge that when You use the Application, Your wireless carrier may charge You fees for data, messaging, and/or other wireless access. Check with Your carrier to see if there are any such fees that apply to You. You are solely responsible for any costs You incur to access the Application from Your mobile device and/or PC device. Your right to use the Application is also predicated on Your compliance with any applicable terms of agreements You have with third parties when using the Application.

4. In-app purchases

Although some of our Applications are free to download, all of our Applications may offer in-app purchases, including subscriptions («In-App Purchases»). Even though our free-to-download Applications offer In-App Purchases, You can play and access all levels of said Applications and all of the features necessary to progress within said Applications without making any In-App Purchases using real money.

By completing an In-App Purchase You obtain a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual currency, virtual items, and other virtual content («Virtual Items») within our Application. Virtual Items are not redeemable or subject to refund and cannot be traded outside of the Application for money or other items of value. BYRIL may manage, regulate, control, modify or eliminate Virtual Items and the price for Virtual Items at any time, with or without notice. BYRIL shall have no liability to You or any third party in the event that BYRIL exercises any such rights.

By signing up for a subscription, You agree that Your subscription will be automatically renewed and, unless You cancel Your subscription, You authorize us to charge Your account for the renewal term. The period of auto-renewal and the price of subscription will be the same as Your initial subscription period and price, unless otherwise disclosed to You at the time of sale. You can manage Your subscriptions in Your app store account settings. You should be aware that deleting the Application from Your device does not always result in the cancellation of Your subscription.

In-App Purchases are subject to the payment terms and conditions of the mobile platform (e.g. iOS Platform, Android Platform, Windows Platform, etc.) from which You make Your purchase. BYRIL does not control or manage the payment process. Please review the relevant terms and conditions of the applicable platform provider before making any In-App Purchases.

ALL PURCHASES ARE FINAL. YOU HEREBY ACKNOWLEDGE THAT BYRIL IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS/SUBSCRIPTIONS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.


5. Term and termination

The term of this EULA shall commence on the date You install or otherwise use the Application and shall end on the earlier of the date of Your disposal of the Application or BYRIL’s termination of this EULA. You may terminate this EULA by uninstalling the Application.

Uninstalling the Application does not result in a refund of the amount paid for the Application. BYRIL reserves the right, using its sole discretion, to terminate this EULA, or request that You remove the Application from Your device for any reason, including but not limited to BYRIL’s reasonable conclusion that You have violated this EULA. Promptly upon termination, You must cease all use of the Application and destroy all copies of the Application in Your possession or control.

Termination will not limit any of BYRIL’s other rights or remedies at law or in equity. If any of the platforms disable the ability to use the Application on Your device pursuant to Your agreement with such platform, any associated license rights with BYRIL will terminate as well.

6. Reservation of rights

You have obtained a license to the Application and Your rights are subject to this EULA. Except as expressly licensed to You herein, BYRIL reserves all rights, titles, and interests in the Application. This license is limited to the intellectual property rights of BYRIL and does not include any rights to other patents or intellectual property.

BYRIL retains all rights, titles, and interests in and to the BYRIL Intellectual Property Rights, as defined below, whether registered or not, and all Applications thereof, except of the copyright of the third-party technology. The BYRIL software is protected by applicable laws and treaties throughout the world.

For the purposes of this EULA, «Intellectual Property Rights» means all patent rights, trade names, proprietary rights, copyright rights, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

7. Third-party content

7.1 Third-party technology

One or all Applications use third-party technologies, whereas such third-party technologies may be subject to commercial licenses («Commercial Third-Party Technology») or to open-source software licenses («Open-Source Components»).

7.2 Third-party ad-serving technology

Each Application may incorporate third-party dynamic in-game advertisement-serving technology, which enables advertising to be temporarily uploaded into the Application on Your mobile device and/or Your PC and replaced while You are online. When You use the Application, we or third parties operating the advertisement-serving technology may collect and use the information as specified in the Privacy Policy. BYRIL has partnered with third-party advertising providers (as specified in the Privacy Policy) and each Application might use one or more of them simultaneously.

8. Disclaimer of warranties

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU «AS IS», WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. BYRIL AND BYRIL’S LICENSORS (COLLECTIVELY «BYRIL» FOR PURPOSES OF THIS SECTION AND SECTION 10) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

BYRIL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES.

NO ORAL OR WRITTEN ADVICE PROVIDED BY BYRIL OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL BYRIL, ITS SUBSIDIARIES OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT BYRIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER OR NOT REPAIR, REPLACEMENT, OR A REFUND (IF AWARDED AT OUR SOLE DISCRETION) FOR THE APPLICATION DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES.

SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall BYRIL’s total liability to You for all damages (except as required by applicable law) exceed the amount actually paid by You for the Application. THIS LIMITATION APPLIES, BUT IS NOT LIMITED TO ANYTHING RELATED TO THE APPLICATION, SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE APPLICATION. You agree that the provisions in this EULA that limit liability are essential terms of this EULA.


10. Indemnification

You agree to defend, indemnify, and hold harmless BYRIL and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from Your use or misuse of the Application, violation of the EULA, or violation of any rights of a third party. BYRIL reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defenses.


11. Final provisions

11.1 Eligibility

Any person who uses the Application represents to BYRIL that they are at least the age of majority under applicable law, or if under the age of majority that they are either an emancipated minor, or possess the legal consent of a parent or legal guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

11.2 Severability and survival

If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA shall continue in full force and effect.

11.3 Entire agreement

This Agreement constitutes the entire agreement between You and BYRIL with respect to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless made in writing and signed by BYRIL. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this EULA, any applicable purchase, or other terms, the terms of this EULA shall govern.

11.4 Export

You agree to abide by Cyprus, U.S., EU and other applicable export control laws and agree not to transfer the Application to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that You are not a person with whom BYRIL is prohibited from transacting business under applicable law.

11.5 Changes

We will occasionally update this EULA as necessary to protect our users, furnish current information, and respond to legal and technical changes. We reserve the right to change this EULA at any time by posting the amended version of EULA here. Your usage of the Application after the changes are integrated will constitute Your acceptance of the changes.

12. Contact information

18 Shafarnyanskaya Street, office 18, Minsk, Belarus, 220125
E-mail: byril.company@gmail.com