Platform Terms and Conditions

Last updated: February 14, 2025

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LEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MUST NOT USE THE SERVICES.

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These Terms (Terms) govern the relationship between Guerilla Software Pte Ltd (UEN: 202143712K) and its subsidiary entities (Guerilla Software, us, our, or we) and our users (user, you or your) who interact with our products and services, including the Platform and the XP Wallet service (collectively, the Services).

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IMPORTANT NOTICE REGARDING THE XP WALLET SERVICE:
  • XP Wallet is a non-custodial digital wallet service. We do not at any time have custody or control of funds or Digital Assets held in your XP Wallet.
  • We do not provide any regulated financial services, payment services, or digital payment token services under Singapore law.
  • XP Wallet is provided as software infrastructure only to allow you to interact with blockchain networks and manage your own Digital Assets.
  • We are not a bank, securities firm, payment institution, or financial advisor. We do not provide financial advice or recommendations regarding any Digital Assets.
  • You are solely responsible for managing your private keys and security of your Digital Assets.
These Terms comprise:
  1. General Platform Terms;
  2. Game-Specific Terms; and
  3. Other terms, conditions, guidelines, rules and policies pertaining to our products and services from time-to-time.

If you wish to contact us in relation to these Terms, please contact us at:

[email protected]

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GENERAL TERMS

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Important Information

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Read these Terms carefully before registering to use our Services. The following Terms apply to you if you use any of the Services listed in these Terms, and in doing so you hereby accept and agree to be bound unconditionally to all the Terms herein.

All the Services we provide are subject to these General Terms. These terms are designed to protect you and our company. By using our Services you agree to comply with these Terms and any other applicable terms and conditions, guidelines, rules or policies posted on our Website.

We reserve the right to update, modify or replace these Terms at any time. Unless otherwise notified to you, any changes to these Terms will be effective immediately upon posting on our Website. While we may, in our sole discretion, take steps to notify you of any material changes to these Terms from time to time, it is your responsibility to regularly review these Terms to ensure that you are aware of any updates or modifications. Your continued use of our Services will constitute your acceptance of these Terms and any changes to the Terms from time to time.

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Definitions

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In these Terms:

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Account means your account with Guerilla Software which you registered in accordance with these Terms for the purposes of using the Platform;

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Affiliates means as to any corporation, partnership, limited liability company, association, trust, unincorporated entity or other legal entity (each a Person), any other Person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the specified Person;

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API means application programming interface;

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Applicable Law means any mandatory statute, law, regulation, ordinance, rule, determination, judgment, rule of law, order, decree, permit, requirement, or any provision of condition or any permit, license or other authorisation issued by any governmental and/or judicial authority having or asserting jurisdiction over the matter in question;

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Back-End Infrastructure means our software, hardware, and networking architecture supporting the APIs and SDKs;

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Business Day means any day except a Saturday or a Sunday or other public holiday in Singapore;

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Claim includes a claim, notice, demand, action, proceeding, litigation, investigation, however arising whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or otherwise;

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Content means any content and information posted by a third party service, you or other users through the Services;

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Digital Assets mean cryptographically secured tokens (including fungible, non-fungible and any other type of token) recorded on a public blockchain;

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Digital Wallet means a digital wallet that is capable of storing Digital Assets;

Emeralds means the virtual currency used within the Platform;

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Fee means the fees or charges to be paid by you to us, in the course of providing the Services;

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Force Majeure Event means any circumstances beyond our reasonable control;

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Game means Cutthroat Chaos and any other games we may offer through the Platform from time to time;

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Intellectual Property Rights means any and all present and future intellectual property rights, conferred by statute, at common law or in equity and wherever existing;

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Leaderboard means the scoring system within a Game that ranks players based on their performance;

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Leaderboard Points (LP) means the points earned within a Game that determine a player's ranking on the Leaderboard;

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Loss includes any loss, damage, cost, charge, liability or expense and Consequential Loss of any kind;

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Mission means a combination of a goal, reward and difficulty level within a Game;

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Personal Information has the meaning given to that term in our Privacy Policy;

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Platform means our gaming platform and associated services;

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Privacy Policy means our privacy policy as amended by us from time to time;

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Prohibited Jurisdiction means a jurisdiction where users are prohibited from using the Services in accordance with Applicable Law;

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Reward means any benefit or advantage gained through gameplay;

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Smart Contracts means software code running on a blockchain;

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Website means guerillasoftware.com;

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Eligibility to use the Services

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By accessing or using our Services, you represent and warrant that you satisfy the following eligibility criteria:

  1. If you are an individual person, you are at least 18 years old and have the legal capacity to enter into these Terms in the jurisdiction that you reside;
  2. If you are using the Services on behalf of an organisation or entity, you have the authority to bind such organisation or entity to these Terms;
  3. You are not impersonating any other real person, organisation, or entity;
  4. You are NOT a person or organisation or entity who resides in, are a citizen of, are incorporated in, or have a registered office in any Prohibited Jurisdiction;
  5. You are not using a virtual private network or other means to obfuscate your location or access to the Services and/or the Platform;
  6. You are not on any Sanctions List nor are you acting on behalf of or for the benefit or convenience of anyone who is on any Sanctions List;
  7. You do not intend to knowingly send or receive any Digital Assets to or from any Digital Wallet that is listed in any Sanctions List;
  8. You are not restricted or prohibited from using our Services under these Terms, any Applicable Laws, or any additional terms that may apply to you from time-to-time; and
  9. You are not using any form of technology to circumvent your compliance with these Terms.

If at any point in time you do not satisfy any of the above eligibility criteria, you must immediately cease using our Services.

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Proper Use

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You must only use our Services for lawful purposes. You are prohibited from:

  1. Reverse engineering or attempting to extract the source code of our Services;
  2. Using any automated systems or software to extract data from our Services;
  3. Using the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services;
  4. Using exploits, cheats, undocumented features, design errors or problems in the Game;
  5. Using the Services to mislead, defraud, or deceive other users;
  6. Attempting to manipulate the Leaderboard or game mechanics through unauthorized means;
  7. Creating multiple accounts to abuse game mechanics or rewards systems;
  8. Engaging in any form of harassment, abuse, or hate speech against other users;
  9. Violating any applicable laws or regulations while using the Services.

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Virtual Currency and Rewards

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Emeralds
  1. Emeralds are a virtual currency that can be purchased and used within our Services.
  2. Emeralds have no real-world value and cannot be exchanged for cash or monetary value.
  3. You acknowledge that: 
    • Emeralds are not refundable or exchangeable
    • We may modify the exchange rate or pricing of Emeralds at any time
    • We may introduce, modify, or remove ways to earn or spend Emeralds
    • Your Emeralds balance may expire or be reset at our discretion
    • You have no property or ownership rights in Emeralds
Game Mechanics and Rewards
  1. Missions, rewards, and LP are governed by the rules of the Game as determined by us.
  2. We reserve the right to: 
    • Modify game mechanics, difficulty levels, and reward systems
    • Adjust or reset Leaderboard standings
    • Remove or modify rewards
    • Take action against users who violate game rules or exploit mechanics
  3. All game progress, achievements, and rewards are provided "as is" and may be modified or removed at any time.

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Fees and Payment

  1. All purchases of Emeralds or other virtual items must be paid for using the payment methods we make available.
  2. All purchases are final and non-refundable unless required by law.
  3. Prices are inclusive of applicable taxes and may vary by region.
  4. We reserve the right to change pricing at any time.

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Intellectual Property and Licenses

  1. All intellectual property rights in the Services remain our property or our licensors'.
  2. We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services for their intended purpose.
  3. You grant us a worldwide, perpetual, royalty-free license to use any feedback or suggestions you provide.
  4. You agree not to copy, modify, distribute, sell or lease any part of our Services.

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Privacy and Data Protection

  1. We collect and process personal data in accordance with our Privacy Policy and applicable Singapore data protection laws.
  2. You consent to our collection, use, and disclosure of your personal data as described

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Limitation of Liability

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To the maximum extent permitted by law:

  1. We provide the Services "as is" without any warranties.
  2. We are not liable for any indirect, incidental, special, consequential, or punitive damages.
  3. Our total liability arising from these Terms shall not exceed the lesser of: 
    • The amount you have paid us in the past 12 months
    • SGD 100

Indemnification

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You agree to indemnify and hold us harmless from any claims, damages, expenses, or costs arising from:

  1. Your violation of these Terms
  2. Your use of the Services
  3. Your violation of any laws or third-party rights

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Term and Termination

  1. These Terms remain in effect while you use the Services.
  2. We may suspend or terminate your access to the Services: 
    • For any violation of these Terms
    • To comply with law or regulation
    • To prevent harm to other users
    • For any other reason at our discretion
  3. Upon termination: 
    • You must cease all use of the Services
    • You lose access to your Account and any virtual items
    • These Terms' provisions that by their nature should survive will survive

Governing Law and Dispute Resolution

  1. These Terms are governed by and construed in accordance with the laws of Singapore.
  2. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.
  3. The seat of the arbitration shall be Singapore.
  4. The Tribunal shall consist of one (1) arbitrator.
  5. The language of the arbitration shall be English.
  6. This arbitration agreement shall be governed by Singapore law.
  7. Notwithstanding the above, we reserve the right to commence legal proceedings in any jurisdiction to: 
    • Obtain urgent injunctive or equitable relief
    • Protect our intellectual property rights
    • Enforce payment of any amounts due
    • Address matters that fall within the jurisdiction of a specialist tribunal or court
  8. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

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Changes to Terms

  1. We may modify these Terms at any time by posting updated Terms on our Website.
  2. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

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Miscellaneous

  1. These Terms constitute the entire agreement between you and us.
  2. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.
  3. Our failure to enforce any right or provision of these Terms will not be considered a waiver.
  4. You may not assign your rights under these Terms without our written consent.

For any questions about these Terms, please contact us at [email protected].