Last Updated: January 1, 2026
THESE TERMS INCLUDE AN ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN SECTION 12. YOU AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN BETWEEN YOU AND COMPANY OR MAY ARISE PURSUANT TO THESE TERMS OR THE USE OF THE COMPANY SERVICES, AS DEFINED BELOW, WILL BE RESOLVED IN ACCORDANCE WITH THE PROCEDURE IN SECTION 12. PLEASE READ THAT SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS.
1. General
These Terms of Service (these “Terms”) constitute a legally binding agreement that governs the relationship between Game Story Ltd. (“Company”, “we”, “our”, or “us”), and you (“you” or “user”) and govern your use of all features, content, and other services provided and operated by Company, including without limitation, the rewards app “Blingz” (the “App”), available on mobile devices through Apple’s App Store, and our associated website Apperfun.com (“Website”; collectively with the App, the “Services”).
The App is a separate platform designed for redemption of certain rewards, including third-party gift cards or other incentives, for individuals who meet eligibility requirements (“Eligible Users”). For purposes of these Terms, Eligible Users means users who meet age and jurisdiction requirements in Section 4 (Eligibility to Use the Services) and who successfully completed the identity verification steps requested by the Company.
The App does not host any gameplay; instead, it processes registration and reward redemptions for users who earned or are otherwise qualified for rewards in external game apps, including Solitaire Rewards App (“Game App(s)”), which is governed by its own Terms of Service . Please note that both the Game App and App are operated by the Company. Any rewards, balances, entitlements, or redemptions available in the App are not earned, stored, or redeemable in the Game Apps unless expressly stated by the Company. Any claim, complaint, or dispute relating to the App shall not apply to the Game Apps and vice versa.
By registering an account, or using the Services, you acknowledge and agree that you have read, understood and accepted to be bound by these Terms including the Privacy Policy and any applicable rules and guidelines incorporated herein by reference. If you do not agree to these Terms, our Privacy Policy or the Additional Terms (as defined below), you may not use or access our Services.
2. Changes to Terms or to Services
Company reserves the right at any time, in its sole discretion, to revise, modify or terminate these Terms, or any part thereof, including updates affecting user eligibility, verification processes, or redemption mechanics, with or without notice. In case of material changes, we will make commercially reasonable efforts to provide notice as practicable and required by applicable law. You agree that we may notify you of any updated or new Terms by posting a notice on the Services so that they are accessible via a link from the home page or through an in-app notification. It is your responsibility to check the Services and the Terms periodically for updates. Except as explicitly set forth herein, all such changes are effective immediately when we post them, or at such later date as may be specified in the notice of updated Terms. Your continued use of the Services after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to these Terms, as they shall be updated from time to time, your only remedy is to discontinue your use of the Services and you must close your account.
Company may post, publish, change or replace, from time to time, additional terms of use, rules, policies, guidelines or similar documents related to the use of the Services, including without limitation to registration requirements, identity verification procedures, or redemption (collectively the “Additional Terms”). Any reference herein to these Terms shall also include any such Additional Terms, as they may be from time to time. If any Additional Terms conflict with these Terms, the Additional Terms will control solely with respect to their subject matter, and these Terms will otherwise remain in full force and effect.
You understand that the Services are evolving and may change from time to time at our sole and absolute discretion. You may be required to accept updates to the Services, including without limitations, changes to redemption processes or rewards. You acknowledge that Company may perform updates to the Services which you have downloaded remotely and agree that Company may update the Services and their features with or without notifying you.
We reserve the right, at any time, temporarily or permanently, with or without notice, in whole or in part, at our sole and absolute discretion, to: modify, restrict, or discontinue the Services or any part thereof; modify redemption options or eligibility criteria; limit the Services’ availability to any user, geographic area, or jurisdiction; or remove or change the procedures required for identity verification. If that happens, Company is not required to provide refunds, benefits or other compensation to users in connection with changes or any discontinuation of redemption methods. You agree that we will not be liable to you or to any third party for any modification, suspension, discontinuance of the Services, in whole or in part; including but not limited to any impact on your ability to redeem any in-app currency or third-party gift card due to changes in the Services.
3. Registration
In order to use the Services, you must register an account by providing any required personal details and completing any identity verification steps. You may establish, maintain, use and control only one App account per individual. Upon registration, or at any time following registration, at our sole discretion, we may request that you provide us with certain personal information, such as full name, date of birth, email address and phone number to verify your account, ensure that you comply with the eligibility requirements below and prevent fraud. We will use such information only in accordance with our Privacy Policy.
You agree to supply Company with accurate, complete, and up-to-date information. You are responsible for updating the above-mentioned information as needed and you are solely liable for any damage incurred by us or by you as a result of any incorrect information or as a result of not updating such information in case of any relevant changes.
In addition, you are responsible for safeguarding the account that you use to access the Services and for any activities or actions under your account. You should not disclose or give any other person access to your account. Company will not be liable for any loss or damage arising from your failure to comply with the above requirements. By registering an account, you agree to notify us immediately if you have lost control of, or suspect there is unauthorized activity in, your account. You remain fully liable for any actions taken with respect to your account, regardless of whether these actions were taken by you or an unauthorized third party that has gained access to your account.
As the holder of your account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to: (i) access or use your account; (ii) access or use the Services through your account; or (iii) initiate reward transfers. Any attempt to sell, trade, or transfer accounts, rewards or any other benefit, is strictly prohibited and may result in account suspension or termination and forfeiture of any associated rewards or benefits, or any other remedy permitted by law, in our sole discretion and without notice.
We reserve the right at any time to investigate your account and related activity in order to ensure compliance with these Terms, Additional Terms and our policies and to detect and prevent any fraud, abuse, security incidents, violations of the Terms or any law and to comply with applicable legal obligations. In connection with any such activity, subject to any applicable law, we may collect, use, retain and disclose information with third parties for such purposes.
4. Eligibility to Use the Services
In order to be eligible to register an account and use the Services, you must comply with the following terms:
a) Be a natural person who is at least 18 years of age (or the applicable minimum age for using the Services in your respective territory) or older;
b) Have the legal capacity to enter into a contract with Company;
c) Be physically located in a jurisdiction in which the use of the Services is permitted and unrestricted by that jurisdiction’s laws;
d) have an account with the Game App and be in compliance with its terms; and
e) At all times be in full compliance with these Terms.
You acknowledge that eligibility for redemption of any rewards (e.g., third-party gift cards) earned in other apps requires a verified account in the App, which is subject to these Terms, as well as the Game App.
We reserve the right to request proof of your eligibility, including age and residency verification, at any time to verify that you abide by the representations above. In the event that a request for proof is not completed by you within a reasonable time, or Company has any reason to believe you do not meet the eligibility requirements above, Company may, at its sole discretion, terminate your account, revoke rewards or virtual items, or Game Credits (as defined below) and permanently prohibit access to the Services (or any portion, aspect or feature thereof) without notice or liability. Company may, but is not required to, provide an explanation for any suspension or termination, and may limit or withhold details where necessary for legal, security, fraud prevention, or other legitimate reasons. Using the App requires an internet connection to our servers. We may collect and process certain information from you and your device in order to make the App available to you. We will use any such information in accordance with our Privacy Policy.
We do not warrant that our Services will work on all devices. You are solely responsible for obtaining and maintaining compatible devices necessary to access and use our Services, as updated from time to time.
The Services are offered only in jurisdictions where the App is made publicly available by Company in the applicable app store. You may not access or use the Services from any jurisdiction where the App is not publicly available in the applicable app store.
5. Compliance with Laws and Regulations
In the event that any laws or regulations in the specific state or country in which you are located prohibit the use of the Services, you are forbidden from using the App from such jurisdiction. Company makes no representations with respect to the legality of your use of the Services from any jurisdiction now or in the future.
It is your sole responsibility to determine whether the state or country where you are located is prohibited jurisdiction and you shall not have any claims against Company in this regard. In addition, you shall be liable to Company for any direct and indirect damages, arising from your breach of these geographical or legal restrictions.
You must comply with all applicable export and sanction laws and regulations (“Trade Controls”) and may not use, export, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, except as authorized by such Trade Controls. Trade Controls are subject to change, and prohibit the use of the Services by any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S. government (currently, Cuba, Iran, Syria, North Korea, Russia, Belarus, and the Crimea, Donetsk and Luhansk regions of Ukraine), any countries designated as an “enemy,” that are not currently exempted, under Israel’s Trading with the Enemy Ordinance of 1939 (currently, Syria, Lebanon, and Iran), or any country upon Company’s sole discretion due to local legislation requirements or any other reason upon its sole discretion, or anyone or any entity (or anyone or any entity 50% or more owned by such individual or entities) on any list of prohibited persons or entities maintained by the U.S. or Israeli governments, or by the jurisdictions in which the Services were obtained. You represent that you are not located in a country or territory that is subject to U.S. or Israeli sanctions or any other applicable trade embargo.
Company has no obligation to monitor the Services for inappropriate or illegal use by you or by other users. However, we have the right, subject to any applicable law, in our sole discretion, to monitor or record, your usage of the Services to ensure compliance with these Terms and applicable laws.
6. Prohibited Uses
You may use the Services only for lawful purposes. You are solely responsible for all your activity in connection with the Services.
In addition and without limiting any other restriction under these Terms or any applicable law you may not (and shall not permit, encourage, facilitate, or instruct any third party to) engage in actions that: (i) violate any law, regulation or court order; (ii) are threatening, abusive, invasive of any person’s privacy, harassing, defamatory, fraudulent, or otherwise objectionable, as Company may determine in its sole discretion; (iii) infringe upon any intellectual property rights or proprietary rights of the Company and any third party; (iv) contain any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, manipulate, disrupt, interfere with, or limit, the proper functionality of any software, hardware, or App’s functioning; (v) uses or launches any automated system, including without limitation, “screen scrapers,” “bots,” “spiders,” “offline readers,” etc., that access the Services in a manner that sends more request messages to Company’s servers than a human can reasonably produce in the same period of time; (vi) impersonates any entity, including, without limitation, employees or representatives of Company or remove proprietary notices from the Services; (vii) open multiple accounts, provide any false or fake information, or share your account with third parties to circumvent redemption or eligibility rules; (viii) attempt to gain unauthorized access to, test, probe, scan, circumvent, disable, or breach any security or authentication measures, geographical access or technical restrictions of the Services, Company systems, accounts, or related networks, including by using VPNs, proxies, device manipulations, or similar techniques.
Without derogating from any other rights or remedies available to the Company hereunder or under applicable laws and regulations, we may immediately and without a warning or notice terminate or suspend your account if we determine, in our sole discretion, that you have violated any of the above prohibitions.
You further acknowledge that we reserve the right to void or cancel any pending redemptions if your account is found to be in violation of these Terms, and we may pursue further legal action as appropriate.
7. Reward Redemption
No purchase is necessary to create an account in the App, which functions solely as a portal for Eligible Users to redeem rewards (including third-party gift cards or other incentives) earned or offered through the external Game Apps. The App does not enable or require deposits or any payment.
When using the Game Apps, you may accumulate loyalty currency, credits, or other form of in-app value (e.g., SOLICASH offered in Solitaire Rewards App). These in-app currencies (collectively, “Game Credits”) can only be obtained based on your valid use of the Game Apps and can never be bought or earned in any other way. To redeem any such Game Credits for promotional reward (e.g., third-party gift cards) within the App, you must satisfy all eligibility and verification requirements under these Terms or any applicable law, as well as any minimum threshold, exchange rate, or other redemption rules established by any Additional Terms or the relevant external Game App. If you have not yet reached the minimum threshold established by the relevant Game App, you have no right to redemption, and we have no obligation to grant a partial reward. We reserve the right to alter any exchange ratio or redemption process and methods at our sole discretion, and we do not guarantee that any particular reward, benefit or incentive will always be available or in stock. Moreover, we do not guarantee that you will derive any specific profit or outcome by using the App or redeeming Game Credits.
We aim to process your redemption request within a timeframe of up to Fourteen (14) business days; provided, however, that we may freeze or delay a request for redemption pending completion of any investigation of reported or suspected abuse or fraud, verification of eligibility, or to comply with applicable laws. We also reserve the right to extend the timeframe if needed to restock rewards, or as otherwise reasonably needed.
If multiple rewarding methods (e.g., various gift cards or digital wallets) are offered , we reserve the right to issue or process the rewards via any methods supported by us. Please note that by using the Services and participating in any of the activities offered by Company, third parties such as your credit card company, your bank, or processing companies may charge certain fees. We are not responsible for covering those fees, even if they exceed your redeemed amount.
You are solely responsible for reporting, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any amounts or benefits you receive. We may provide you with, or require you to provide, federal or state tax forms and other appropriate form(s). Without limiting the foregoing, we may withhold from your existing account balance and from future earnings any amount required to be withheld by applicable laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all applicable laws. If we pay any fees, tax, levy or other payment on your behalf in connection with your redemption or use of the Services, including reasonable legal fees and collection costs incurred to recover amounts you owe, we may deduct the amount of such fees from any reward payable to you, and you agree to reimburse us upon request,
If you choose to close your App’s account, any unredeemed Game Credits from the Game App(s) will be forfeited unless you request a valid redemption before terminating your account. If we unilaterally close or terminate your account in accordance with these Terms, any virtual currency, including Game Credit, from your Game App account may be forfeited and not returned to you. If a reward remains unclaimed or delivery information is not provided within thirty (30) days, we may cancel that redemption, and Company shall have no further obligation to you. Game Credits may expire if they remain unused for a period of twelve (12) months from the date they were credited to your account; once expired, Game Credits cannot be reinstated.
8. Intellectual Property Rights
All title, ownership, and intellectual property rights, whether tangible or intangible, in and to the App, the Services, and all related content and materials, including without limitation any images, text, graphics, illustrations, trademarks, brands, service marks, trade dress, copyrights, music, logos, designs, and any part thereof, including all derivative works, of the Company and other third parties providing services to Company (collectively, “Company IP”), are and shall remain the sole and exclusive property of Company or its respective owners. Except as explicitly provided herein, nothing in these Terms shall be deemed to grant you or any other party a license or any other rights in or under any Company IP. All rights not expressly granted to you in writing are hereby reserved by the Company.
Subject to your compliance with these Terms at all times, Company hereby grants you a limited, personal, non-exclusive, non-assignable, non-transferable and non-sublicensable license to download and install the App, on your mobile device solely for your own personal, non-commercial purposes.
You may not, directly or indirectly, or authorize any person or entity to: (i) copy, modify or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lease, lend or rent the Services to any third party; or (iii) reverse engineer, decompile or disassemble the Services or any part thereof.
You may choose to, or we may invite you to submit comments or feedback about the Services, including without limitation suggestions, ideas, or improvements (“Feedback”). You understand that your Feedback is gratuitous and unsolicited and will not place Company under any fiduciary or other obligation. By submitting Feedback, you hereby grant Company an irrevocable, unlimited, non-exclusive, royalty-free, perpetual, worldwide license to use or distribute such Feedback, and hereby irrevocably waive any claims of any moral rights contained in such Feedback, without additional compensation to you.
9. Third Party Websites and Links
The Services may provide links to third party vendors, including without limitations gift card providers and identity verification services. You hereby acknowledge and agree that any charges or obligations you incur in your dealings with these third parties are your responsibility alone. Company will not be liable for any claim relating to any third–party content, goods or services.
When you access or use any of third party services as mentioned above, such services may (or may not) ask you for permission to access your information and content. Company is not responsible for the business practices or privacy policies, or for the collection, use, share or disclosure of any information such third parties may collect from you. Your relationship with such third parties (including such third parties’ privacy policies if any) will control how they can use, store, and share your information.
By downloading the App from Apple’s App Store or using it on an iOS device (“Apple”), you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Company only, and not with Apple, and Apple is not responsible for the Services or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession or use of the Services, including: (1) product liability claims; (2) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services or your possession and use of the Services infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Services. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Except as provided herein, there are no other third-party beneficiaries to these Terms.
10. Disclaimers
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONS, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Company makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services; (ii) any harm to your computer system, loss of data, or other harm, whether direct or indirect, that results from your access to or use of the Services; (iii) the deletion of, or the failure to store or to transmit, any content, information, and other communications maintained by the Services; (iv) any content provided by third parties and made available through the Services; and (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
If you have a dispute with another user or third-party provider (such as a gift card vendor), then to the full extent of the law applicable to you, you hereby release the Company and its affiliates and their respective shareholders, officers, directors, employees, advisors, service providers, agents and other representatives (collectively, the “Company Parties”) from responsibility, claims, demands, or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute.
Some jurisdictions limit or prohibit the disclaimer of implied or other warranties so the above disclaimers may not apply to you to the extent the law in such a jurisdiction applies to the agreement between us. In such jurisdictions, the liability of Company Parties shall be limited to the fullest extent permitted by law. Additional disclaimers may appear within the Services and are incorporated herein by reference. To the extent any such disclaimers place greater restrictions on your use of the Services, or the content contained therein, such greater restrictions shall apply.
Company’s failure to exercise or enforce any right or provision in these Terms shall not be considered a waiver of such right or provision, unless agreed upon in writing. Company will not be responsible for any failures to fulfill any obligations due to causes beyond its reasonable control.
11. Indemnification and Limitation of Liability
You will indemnify, defend, and hold harmless Company Parties from and against any claims, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your use (or your inability to use) the Services; (ii) your user submissions or communications; (iii) your infringement of any third party rights including without limitation any intellectual property rights, data protection and privacy rights or consumer rights; (iv) your communications or interactions with third-party providers; or (v) your violation of these Terms or any applicable laws and regulations.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (V) ANY ERRORS, OMISSIONS OR DEFECTS IN THE SERVICES’ TECHNICAL OPERATION; EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY TORT. IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY, ARISING FROM YOUR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY PARTIES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SERVICES OR OTHER PROPERTIES OWNED OR CONTROLLED BY COMPANY, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SERVICES, YOUR UPLOADED INFORMATION ON THE SERVICES, OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY ACCESSING OUR SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE REVIEWED THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, AND THAT YOU EXPRESSLY WAIVE AND RELINQUISH ANY AND ALL RIGHTS AND BENEFITS PROVIDED BY THAT SECTION, AS WELL AS ANY SIMILAR LAW IN ANY JURISDICTION IN WHICH YOU MAY HAVE SIMILAR RIGHTS AND BENEFITS WITH RESPECT TO CLAIMS AGAINST THE COMPANY PARITES.
12. Agreement to Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY AS IT IS HIGHLY IMPORTANT AND WILL AFFECT YOUR RIGHTS WITH RESPECT TO HOW CLAIMS YOU MAY HAVE AGAINST COMPANY AND CLAIMS COMPANY MAY HAVE AGAINST YOU WILL BE RESOLVED, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You agree that any claim or dispute at law or equity that has arisen or may arise between you and Company, including without limitations, if such claim or dispute relates in any way to or arising out of these Terms or your use of the Services, will be resolved in accordance with the provisions set forth in this Section.
You and Company will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of the dispute is sent. That notice should contain proof of your relationship with Company, the nature and legal basis for your or Company’s dispute, and an individual monetary demand if you or we are seeking such relief. During this period, the parties shall use their best efforts to settle any dispute, claim or disagreement. Any applicable limitations period will be tolled during this 60-day informal dispute resolution period. Filing any claims before the end of this period and without engaging in this process could result in the award of fees in arbitration. If the dispute is not resolved within such time period, you agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, according to the following:
a) If you reside in the US, the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this agreement to arbitrate.
In all events, you hereby knowingly, voluntarily and intentionally, waive (to the extent permitted by applicable law) any right that you may have to a trial by jury of any dispute arising under or relating to these Terms or your use of or access to the Services. You further agree that, if and to the extent this agreement to arbitrate is held not to apply to any claim, that claim will be tried in a court of competent jurisdiction before a judge sitting without a jury.
The arbitration will be conducted by National Arbitration and Mediation (“NAM”), under their rules and procedures as applicable, as modified by these Terms.
The arbitrator has the right to impose sanctions in accordance with NAM rules for any claims the arbitrator determines to be frivolous or improper and to apply the standards set forth in Federal Rule of Civil Procedure 11.
The parties agree that NAM has the discretion to modify the amount or timing of any administrative or arbitration fees due under NAM’s rules where it deems appropriate, including by setting reduced fees for consolidated cases, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this section while such challenge remains pending before NAM, the arbitrator, or a court of competent jurisdiction.
The arbitration shall be held in New York City or at another mutually agreed upon location and shall be conducted by one arbitrator. For the avoidance of doubt, the availability of a more convenient forum for arbitration proceedings shall have no effect on the governing law and venue specified in these Terms regarding litigation.
b) If you reside outside of the U.S., the Israeli International Commercial Arbitration Law, 5784-2024 (the “International Arbitration Law”) or, if the International Arbitration Law is deemed inapplicable, for any reason, the Israeli Arbitration Law, 5728-1968 – shall govern the interpretation and enforcement of this agreement to arbitrate. For the avoidance of doubt, you agree that this agreement to arbitrate constitutes an international arbitration agreement, the subject matter of which relates to more than one jurisdiction in accordance with Article 3(c)(3) of the International Arbitration Law.
The arbitration shall be conducted in accordance with the Israeli Institute of Commercial Arbitration (“ICC”) rules of arbitration including the commercial arbitration rules, except as they may be modified herein.
The seat of the arbitration shall be in Tel Aviv, Israel, or at another mutually agreed upon location. For the avoidance of doubt, the availability of a more convenient forum for arbitration proceedings shall have no effect on the governing law and venue specified in these Terms regarding litigation. The arbitration shall be conducted in the English language.
The arbitration shall be conducted by one arbitrator. The parties will endeavor to agree on the appointment of the arbitrator. In the event the parties fail to agree on the appointment of an arbitrator within thirty (30) days of the date of receipt of the arbitration notice, either party may refer the matter of appointment to the relevant Israeli court – which shall act as the appointing authority.
c) For both U.S. and non-U.S. residents:
You agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, representative, or private attorney general action whether in arbitration or litigation. Unless Company agrees otherwise in separate writing, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. Where Company does consent, consolidation may be allowed. In individual cases, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim. In consolidated cases, the relief may cover the consolidated claims. Any relief awarded cannot affect Company users not involved in the individual or consolidated claims. If a court decides that applicable law precludes enforcement of any of this section’s prohibitions on class, representative, or private attorney general actions or proceedings as to any claim, then that claim (and only that claim) must be severed from the arbitration and resolved in court, subject to your and Company’s right to appeal the court’s decision. All other claims will be arbitrated.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, any part of it, or of the Terms including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator shall also be empowered to consolidate claims raised between the same parties to a single arbitration proceeding so long as Company agrees to such.
If the value of the relief sought is $10,000 or less, either you or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Company, subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. To the extent the filing fee charged to any individual claimant for arbitration exceeds the cost of filing an individual lawsuit, the arbitrator may require Company to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Company will pay the remaining filing and arbitrator fees for the arbitration, provided your claim or the consolidated claims do not exceed $75,000. For claims above $75,000 or consolidated claims, fees and costs will be determined in accordance with applicable arbitration rules and the arbitrator’s decision.
You understand that, absent this mandatory provision, you might have had the right to sue in court and might have had the right to a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
The parties agree that the existence of the arbitration, any information provided in the arbitration, and any submissions, orders or awards made in the arbitration shall be kept confidential unless as required by law, by governmental authorities, or for the purpose of legal proceedings. The parties also agree not to consent to the publication of the confidential information or any part thereof.
To the extent permitted by applicable law, any claim or dispute under these Terms and related to your access or use of the Services must be filed within one (1) year from the date of the cause of action. If a claim or dispute is not filed within one (1) year, you acknowledge that you shall have waived and will be deemed permanently barred from bringing such dispute.
Except as provided above, you further agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. If there is a final judicial determination that applicable law precludes enforcement of this section’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. You agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
With the exception of any of the provisions in the class action waiver, if an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.
d) Exception – Litigation of Intellectual Property and Small Claims Court Claims:
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.
e) 30–Day Right to Opt-Out:
You have the right to opt-out and not be bound by the arbitration clause by sending written notice of your decision to opt-out to the following address: Support@apperfun.com. The notice must be sent within 30 days of your first use of the Services, or the issuance of a materially changed arbitration clause, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the Terms of those paragraphs. If you opt-out of a new clause, the prior clause will continue to govern any disputes between you and Company. If you opt-out of arbitration, Company also will not be bound to arbitrate. You agree that, if at some point in the future Company removes this section entirely, restoring the right to proceed in court, no opt out from that change would be required.
f) Changes to this Section:
Company will provide 30 days’ notice of any material changes affecting the substance of this section. Changes will become effective on the 30th day. If you continue to use the Services after the 30th day, you agree that any unfiled claims are subject to the revised clause.
13. Termination and Closing Accounts; Inactive Accounts
Without limiting any other remedies, Company may limit, suspend, discontinue or terminate these Terms or your account or your use of the Service or the App, without recourse or for no reason, including without limitation if Company believes that you are (i) in any breach of these Terms; (ii) posing risks or legal liabilities (actual or potential); (iii) infringing Company’s or any third party’s intellectual property rights or any other rights; or (iv) engaging in fraudulent, immoral or illegal activities.
If you choose to close your account, any pending reward redemption or unclaimed benefits may be forfeited, unless you have initiated a valid redemption request and fully complied with all verification requirements prior to terminating your App account.
Company may, from time to time, at its sole and absolute discretion, implement policies with respect to inactive accounts, including the periods of inactivity which will cause an account to be deemed as inactive and suspending or closing inactive accounts. An inactive account is an account whose owner has not accessed the Services for at least six (6) consecutive months. At our discretion, an inactive account may be terminated.
14. Governing Law
If you reside in the US, any dispute regarding these Terms shall be governed by and construed in accordance with the laws of the State New York, US, without regard to conflict of law principles thereof. You hereby consent to the exclusive personal jurisdiction and venue of New York, New York, US. If you reside outside of the US, these Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to conflict of law principles thereof. You hereby consent to the exclusive personal jurisdiction and venue of Tel Aviv, Israel.
15. Assignment
Company may assign or delegate these Terms, as well as any of its rights or obligations hereunder, in whole or in part, at any time with or without your consent and without notifying you of such an assignment or delegation. You may not assign or delegate any of your rights or obligations without Company’s prior written consent, which Company may withhold at its sole and absolute discretion and any unauthorized assignment and delegation by you is void and ineffective.
16. Notices
We may provide you with notifications or otherwise contact you for our business purposes, including for marketing purposes or as required by law, all as more fully set forth in our Privacy Policy. Such notifications or other contact may be through email communication, through mail, telephone or other means. We may also post notifications on our Website or through our Apps, all at our sole and absolute discretion. You will be provided with the option of opting out of certain means of notification, all subject to applicable laws and regulations, as they shall be from time to time and in accordance with our Privacy Policy.
Legal notices shall be served on Company only at the address provided in the “Contact Us” section, or by emailing Support@apperfun.com. notice by us to you shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to the physical address associated with your account. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.
17. Merger and Severability
These Terms constitute the entire agreement between you and Company relating to the subject matter hereof, and (except in the case of fraud or made a fraudulent misstatement) supersede all prior understandings of the parties relating to the subject matter hereof, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us.
You and Company agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity without affecting any the remaining provisions of these Terms, which shall continue to be in full force and effect.
18. Waiver and Force Majeure
Company’s failure to exercise or enforce any right or provision in these Terms shall not be considered a waiver of such right or provision, unless agreed upon in writing. Company will not be responsible for any failures to fulfill any obligations due to causes beyond its reasonable control.
19. Survival
Any and all provisions within these Terms that, by their nature, should survive termination of your account, will survive such termination, including, without limitation: Changes to Terms or to Services, Registration, Eligibility to Use the Services, Compliance with Laws and Regulations, Prohibited Uses, Rewards Redemption, Intellectual Property Rights, Third Party Websites and Links, Disclaimers, Indemnification and Limitation of Liability, Arbitration and Class Action Waiver, Termination and Closing Accounts; Inactive Accounts, Governing Law and Waiver and Force Majeure.
20. Language
You acknowledge that these Terms, and all related documents (including any Additional Terms and the Privacy Policy) have been prepared in English. If these Terms are translated into another language, the English language text shall in any event prevail.
21. Contact Us
For any questions or comments with respect to these Terms or any of the Services, please contact us at: Support@apperfun.com