Ducky Duck Terms of Use

1. INTRODUCTION

These Ducky Duck, also known as DUCK × MY × DUCK in the Telegram-based version, Terms of Use, together with any supplemental terms and policies expressly incorporated herein, constitute a legally binding agreement (collectively, the "Terms" or "Terms of Use") between you, whether personally or on behalf of an entity ("you" or "User"), and DUCKY DUCK LTD, a private company limited by shares incorporated in the Republic of Cyprus under the Companies Law, Cap. 113, registration no. HE 496948, with registered office at Anastasiou Sioukri, 1, THEMIS COURT, 4th floor, Flat/Office 402, 3105 Limassol, Cyprus, doing business as Ducky Duck ("Ducky Duck", the "Company", "we", "us" or "our"). These Terms govern your access to and use of the Telegram-based version of the Ducky Duck game, including any Ducky Duck bot or Mini App made available through Telegram, the Ducky Duck mobile application distributed through Google Play and the Apple App Store, and any related applications, software, features and services made available by or on behalf of the Company (collectively, the "Services"). The Services may interact with one or more blockchain networks, including the TON Network, Mantle Network or other supported blockchain systems (the "Blockchains"), and smart contracts (each, a "Smart Contract") in connection with non-fungible tokens ("NFTs") made available through or in connection with the Services (collectively, "Digital Assets").

The Ducky Duck mobile application may be published and distributed through Google Play and the Apple App Store by Limited Liability Partnership "KowiyGames", BIN 221040032392, address: Kazakhstan, Almaty city, Bostandyk district, Auezova st. 175, n.p. 9a, postal code 050057 (the "Mobile Publisher"), acting as an authorized mobile publisher and licensee of the Company under a separate publishing agreement. Unless expressly stated otherwise, the Mobile Publisher is not a party to these Terms between you and DUCKY DUCK LTD. The Mobile Publisher may, however, perform mobile distribution, store-account administration, first-line customer support, transaction and entitlement administration, and other Platform-related operational functions, and may have rights or obligations directly under applicable Platform terms or applicable law. For the avoidance of doubt, the Mobile Publisher's role is limited to the mobile application distributed through Google Play and/or the Apple App Store. The Mobile Publisher does not publish, distribute, operate, monetize, market, advertise or promote the Telegram-based version of the Services, does not receive or process Telegram Stars or other payments made through the Telegram-based version, and has no role in Telegram-specific transactions, entitlements, refunds or platform administration, except to the extent expressly required by mandatory applicable law.

You accept these Terms by tapping an acceptance button where one is presented, by installing or using a mobile application after these Terms have been made available to you, by accessing or using the Telegram-based version or the Services in circumstances where applicable law recognises that action as acceptance, or by otherwise taking an affirmative action that clearly indicates acceptance. Where affirmative acceptance is legally or contractually required, the agreement is concluded only after you have had a reasonable opportunity to review the Terms and take the required affirmative action. This applies also where you sign in to the mobile application using a Telegram account associated with an existing Ducky Duck account. Existing Users of the Telegram-based version and Users of the mobile application may be required to affirmatively accept this version of the Terms before they may continue to access or use the Services. From the time you accept these Terms, they supersede and replace all prior versions of terms of use, terms of service, end-user terms, game rules or other contractual terms issued or presented by DUCKY DUCK LTD or under the Ducky Duck or DUCK × MY × DUCK name in connection with the Services, including all such terms previously accepted through the Telegram-based version or any earlier version of the Services. No prior Company-issued terms governing the Services remain in force except for supplemental terms or policies expressly incorporated into or expressly preserved by these Terms. In the event of any conflict with prior Company-issued terms relating to the Services, these Terms prevail. Terms and policies imposed independently by third-party platforms or service providers, including Telegram, Google Play and the Apple App Store, may apply separately to your relationship with those third parties.

The Services are not intended for distribution in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or where it would subject us to any registration requirement or legal compliance. You are solely responsible for ensuring compliance with all applicable laws when accessing or using the Services.

PLEASE NOTE THAT SECTION 13 OF THESE TERMS CONTAINS GOVERNING-LAW, DISPUTE-RESOLUTION AND REGIONAL-RIGHTS PROVISIONS, INCLUDING A CLASS-ACTION WAIVER FOR CERTAIN U.S. USERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PLEASE REVIEW SECTION 13 CAREFULLY.

PLEASE NOTE THAT SECTION 4 DESCRIBES ELECTRONIC SERVICE COMMUNICATIONS, INCLUDING TELEGRAM, IN-GAME MESSAGES AND MOBILE PUSH NOTIFICATIONS. WHERE APPLICABLE LAW REQUIRES SEPARATE CONSENT FOR PROMOTIONAL OR OTHER NON-ESSENTIAL COMMUNICATIONS, WE WILL REQUEST IT SEPARATELY.

If you do not agree to these Terms, do not install, access or use the Services. We may retain an electronic record of the version of these Terms accepted by you, the date and time of acceptance, an account, installation or device identifier and other technical information reasonably necessary to demonstrate acceptance, administer the contract and comply with law. Any personal data used for that purpose is processed as described in our Privacy Policy. We will request renewed acceptance where required by applicable law or where a material change requires a new agreement.

Our Privacy Policy explains how the Company processes personal data in connection with the Services. The Privacy Policy is a notice describing our processing activities and does not constitute blanket consent to personal-data processing. Where applicable law requires your consent for a particular processing activity, we will request that consent separately and will provide any applicable right to withdraw consent. Nothing in these Terms limits privacy rights granted by applicable law.

Changes to the Terms of Use. We may amend these Terms where reasonably necessary to reflect changes in law or platform requirements, security needs, changes to functionality or technical delivery, new or modified gameplay or commercial models, changes to blockchain or other third-party infrastructure, corporate transactions, or to clarify these Terms. Non-material changes that do not materially reduce consumer rights may take effect when published. For material changes, we will provide reasonable advance notice through the Services, Telegram, email where available, or another appropriate channel, and will seek renewed acceptance where required by applicable law. Changes will not apply retroactively except where expressly permitted by applicable law and will not override non-waivable consumer rights. The "Last amended" date at the beginning of these Terms will be updated when the Terms change.

2. OUR SERVICES

2.1. General

For purposes of these Terms: "Account" means a Ducky Duck game account or other account record used to access the Services; "Items" means in-game items, entitlements, resources, consumables or other gameplay content that are not necessarily Digital Assets; "In-Game Currency" means any non-fiat gameplay currency or value used within the Services; "Purchased In-Game Currency" means In-Game Currency obtained for real-world consideration and does not include Gameplay-Only Currency; and "Gameplay-Only Currency" means a separate category of In-Game Currency that can be obtained only through gameplay and cannot be purchased for fiat currency, Telegram Stars or other real-world consideration (known in the Services as “Duck gold”). Except for Digital Assets, In-Game Currency and in-game resources that are not Digital Assets are virtual gameplay entitlements only. They have no monetary or "real-world" cash value, are not legal tender, stored value, a deposit, a financial instrument or a cash equivalent, and do not confer any contractual right to redeem or withdraw them from the Company for cash or other monetary value. The fact that Purchased In-Game Currency or an in-game resource may be obtained for real-world consideration does not give it a corresponding cash value or create any right to redeem it for an equivalent amount of money. Such In-Game Currency and resources may be used only within the Services and only as permitted by the applicable gameplay rules. Nothing in this paragraph limits any mandatory consumer rights under Section 7.6. The NFT Shop accepts only Gameplay-Only Currency. For the avoidance of doubt, the use of Gameplay-Only Currency in the NFT Shop as described in Section 7.2 is an in-game gameplay use and does not constitute redemption or withdrawal for monetary value. In-Game Currency or resources that can be purchased for real-world consideration cannot be used, converted or exchanged into Gameplay-Only Currency for purposes of the NFT Shop under the current game design. References to the "Market" mean an in-game gameplay feature and do not mean a user-to-user marketplace for NFTs. An in-game feature through which the Company itself makes NFTs available for acquisition with Gameplay-Only Currency may be referred to in these Terms as the "NFT Shop".

The Services include an online platform through which Users can play the Ducky Duck game, obtain or use Items, earn gameplay values or currency, and, where expressly offered, purchase certain In-Game Currency, resources, Items or entitlements for real-world consideration. The Services may also, where made available as part of gameplay, allow Users to obtain or mint NFTs. To access certain blockchain-related features, including minting or withdrawing NFTs, Users may be required to connect a compatible digital wallet. The Services are licensed, not sold, except that ownership of a Digital Asset may arise separately as expressly described in the NFT License and the applicable blockchain record.

The Ducky Duck game is available through Telegram and through the Ducky Duck mobile application. These are different access points to the same game service. A User who previously used the Telegram-based version may, where the Company identifies a potentially matching existing Telegram-linked Ducky Duck Account, be offered the option to link or synchronize that existing Telegram-linked Account with the mobile application or to create a separate new mobile Account. If the User chooses to link or synchronize the existing Telegram-linked Account, the same server-side Account and game progress may be made available through both the Telegram-based version and the supported mobile application. If the User declines synchronization and creates a new mobile Account, that Account will have separate game progress. Detection of existing Telegram-linked Accounts, linking, synchronization and progress-transfer options are further described in Section 5.4.

Player Account data, character data, Items, In-Game Currency, resources, entitlements and game progress are maintained on our servers and are associated with the relevant Account. Where an existing Telegram-linked Account is successfully linked or synchronized with the mobile application in accordance with Section 5.4, the same underlying server-side Account data may be made available through both supported access points. If a User instead creates a separate new mobile Account, the Telegram-linked Account and the new mobile Account remain separate and maintain separate Account-specific data and game progress unless the Services expressly provide otherwise.

For the Telegram-based version of the Services, any supported minting, issuance, distribution, withdrawal or other blockchain use of NFTs through the Telegram Bot Platform or a Telegram Mini App is limited to the TON Network, and any supported wallet connection is made through TON Connect, in each case subject to the applicable Telegram platform rules. References in these Terms to the Mantle Network or other Blockchains relate only to other versions of the Services where such functionality is separately made available and permitted.

Randomized Gameplay Mechanics. Certain features of the Services may use random, chance-based or probabilistic mechanics to determine the type, quantity, rarity, composition or other gameplay characteristics of In-Game Currency or in-game resources that are not Digital Assets. As a result, a User may receive a different reward or outcome from the one the User hoped for, expected or preferred, and no particular reward, amount, rarity, combination or other outcome is guaranteed unless the Services expressly state otherwise. Any guaranteed reward, eligibility requirement or other material rule applies only as expressly disclosed for the relevant mechanic. Such randomized gameplay mechanics are limited to In-Game Currency and in-game resources that are not Digital Assets and are not used to determine the allocation, recipient, identity or attributes of any NFT or other Digital Asset made available to a User. Digital Asset mechanics are addressed separately, including in Sections 2.2 and 7.2.

2.2 Digital Asset Terms

There may be limits or other terms that apply to the minting, acquisition through gameplay, holding, activation, use, withdrawal or other permitted use of Digital Assets or Items within Ducky Duck's Content (defined below). Ducky Duck may display such terms within the Services, including at the time a relevant gameplay, minting or withdrawal feature is made available (collectively, the "Digital Asset Terms"). Any subsequent sale, transfer, exchange or other disposition of a withdrawn Digital Asset through an external wallet, marketplace or other third-party service takes place outside the Services and is not operated or controlled by Ducky Duck.

2.3. Disclaimers with Respect to the Services

Any information provided by Ducky Duck on any platform or through the Services is for informational and entertainment purposes only. It should not be considered an offer to sell or a solicitation to buy any interest in any security, entity, investment vehicle, or contract, including Digital Assets.

Fictional, Satirical and Parodic Content. The Services are primarily works of fictional entertainment and may contain fictionalized, exaggerated, humorous, satirical or parodic characters, names, situations, events, organizations, products, designs or other elements. Certain elements may intentionally evoke real persons, entities, products, brands, events or works for purposes of parody, satire, humour, commentary or other expressive use. Except for such intentional references, any resemblance to actual persons, living or dead, entities, products, events or circumstances is coincidental.

Unless expressly stated otherwise, no affiliation, sponsorship, endorsement, approval or other association with any person, company, brand or other entity referenced or evoked in the Services is intended or implied.

NFTs made available in connection with the Services are intended primarily as collectible and gameplay features. We use NFTs to enhance gameplay and provide entertainment. No information or mechanic in the Services is intended as financial or investment advice, a promise of profit, a call to invest or trade, or a facility for user-to-user trading or exchange of securities or Digital Assets. When an NFT is withdrawn or extracted by a User to an external wallet or third-party service, the Company no longer controls the User's subsequent possession, sale, transfer, exchange or other disposition of that NFT, subject to any rights or restrictions that continue to apply under the NFT License, Smart Contract, applicable law or the terms of the external service.

Certain NFTs may be minted or otherwise allocated to a User as a result of gameplay, progression, achievements, the NFT Shop mechanic described in Section 7.2 using Gameplay-Only Currency, periodic events, or other game mechanics made available now or in the future. Minting eligibility and availability may be subject to technical, gameplay, security, anti-abuse and other requirements communicated within the Services.

Ducky Duck does not provide or operate a user-to-user in-game marketplace for NFTs and does not enable Users to sell, purchase, exchange or otherwise transfer such assets to one another within the Services. The Company may, however, itself make NFTs available to Users through gameplay mechanics, including the NFT Shop described in Section 7.2. Where the Services permit a User to withdraw or extract an NFT to an external wallet or third-party marketplace, any subsequent possession, sale, transfer, exchange or other disposition is undertaken independently by the User outside the Services. The Company does not operate or control such external marketplaces or services and is not a party to transactions conducted through them.

While an NFT is enabled for use within the Services, the Company may exercise technical control over it only to the extent reasonably necessary for rendering, enabling, operating, maintaining and enhancing gameplay features, user interfaces and live-operations features; and

for anti-abuse, anti-fraud and fair-play purposes, including delaying an NFT withdrawal or extraction by means of a timer or review process disclosed to the User where reasonably necessary to prevent unfair collaboration, abuse or other conduct not intended by the game design.

We do not manage NFTs for any financial, brokerage, exchange or investment-management purpose, and NFTs made available through the Services do not have a predetermined external market price set or guaranteed by the Company. Any external market price that may arise after withdrawal is determined independently of the Company and may fluctuate or become zero. NFTs offered through the Services are unique and non-fungible.

2.4. Updates

You acknowledge that the Services are continuously evolving. We may update the Services to add or remove features, rebalance gameplay, correct errors, improve security, prevent fraud or cheating, comply with law or platform requirements, support blockchain or infrastructure changes, or maintain the integrity of the Services. Where mandatory consumer law requires updates, including security updates necessary to keep digital content or a digital service in conformity, we will supply those updates for the period required by law. We do not guarantee that every feature, operating-system version or device will remain supported indefinitely. For consumers in the European Economic Area, where mandatory rules on digital content or digital services apply, a material modification of a continuing digital service or feature beyond what is necessary to maintain conformity will be made only for a valid reason under these Terms, without additional charge, with the information, advance notice on a durable medium and termination rights required by applicable law where the modification negatively affects access or use more than minimally. Equivalent mandatory rights in other jurisdictions remain unaffected.

3. INTELLECTUAL PROPERTY RIGHTS; DMCA; VIOLATION OF COPYRIGHT

3.1. Ownership

Unless otherwise indicated by us in writing, the Services and all content and other materials contained within Ducky Duck, including but not limited to designs, text, graphics (still or animated), animations, images, information, data, software, and the overall selection and arrangement (collectively, the "Content"), are the proprietary property of Ducky Duck or our affiliates, licensors, or users, as applicable. The Ducky Duck logo, and any product, service name, logo, slogan, trademark, and service mark (the "Marks") are owned or licensed to us and are protected by copyright, trademark laws, and other intellectual property rights and unfair competition laws of various jurisdictions and international conventions. Except as expressly stated in these Terms of Use, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission. Reference to any products, services, processes, or other information by name, trademark, manufacturer, or otherwise does not imply endorsement, sponsorship, or recommendation by Ducky Duck.

3.2. Access to Services

Subject to your compliance with these Terms of Use and your eligibility to use the Services, you are granted a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable right to access and use the Services and Content for personal, non-commercial purposes. However, this right does not include any rights to:

• Sell, resell, or use the Services or Content for commercial purposes;
• Distribute, publicly perform, or display any Content;
• Modify or make derivative works from the Services or Content;
• Use any data mining, robots, or other similar data gathering or extraction methods;
• Download (except page caching) any part of the Services or Content, unless explicitly permitted by us;
• Use the Services or Content for any purposes other than those intended. We reserve all rights not expressly granted to you in these Terms, including those related to the Services, the mobile application, the Content, and the Marks.

3.3. DMCA and Violation of Copyright

Ducky Duck respects applicable laws governing intellectual property and expects the same from Users. Where we reasonably believe that Content or User Content infringes or violates third-party rights or applicable law, the Company may, in its sole reasonable discretion and subject to applicable law, remove or restrict the relevant Content or User Content, issue a warning, restrict affected features, reverse, reset, remove or adjust Account progress or benefits where reasonably connected to the violation, temporarily suspend the Account, permanently ban or terminate the Account in serious, deliberate or repeated cases, and/or take other reasonable measures necessary to restore the affected rights or prevent further violations. The nature, scope, duration and combination of any enforcement measures under this Section will be determined by the Company in its sole reasonable discretion having regard to the nature, severity, intent, recurrence and impact of the violation. Any suspension, ban or termination under this Section is also subject to Sections 9 and 12 and any safeguards required by applicable law.

Ducky Duck will respond to good-faith complaints of copyright infringement and other intellectual-property violations in accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, where applicable, and other applicable law. A notice may be sent to [email protected] and should identify the protected work or right, identify and locate the material complained of, provide the complainant's contact details, explain the basis for the good-faith claim and provide sufficient information showing the complainant's authority to act. We may request additional information reasonably necessary to assess the complaint. Where appropriate and required by law, we may remove or restrict disputed material, notify the affected User and process a valid counter-notice.

Where applicable law requires removal or restriction of allegedly infringing Content or User Content, we may take such action after receiving a sufficiently complete notice.

Where required or appropriate, we may take reasonable steps to notify the affected User and allow a response or counter-notice.

Where a valid counter-notice or equivalent response is received, we may restore the material when permitted by law unless the complaining party timely demonstrates that appropriate legal proceedings have been commenced.

3.4. Ownership of NFT; License to Associated NFT Content (NFT License v1.0)

Sections 3.4 and 3.5 together constitute the NFT License v1.0 (the "NFT License"). By acquiring, holding, listing, selling, transferring, importing, activating or otherwise using an NFT, you acknowledge and agree that the NFT and the Associated NFT Content are subject to these Terms and the NFT License. Subject to your lawful purchase or other lawful acquisition and continued ownership of the applicable NFT, and your continued compliance with these Terms, Ducky Duck grants you, during the period in which you own that NFT, a limited, non-exclusive, worldwide, royalty-free, transferable licence, solely with respect to the unique final artwork, audiovisual content and metadata specifically and uniquely associated with that NFT (the "Associated NFT Content"), to use, display and copy the Associated NFT Content for your personal use, collection, display, and lawful sale or transfer of the NFT on permitted marketplaces and services.

This licence is inseparable from ownership of the NFT, may be transferred only together with a valid transfer of the NFT, and automatically terminates for you immediately upon any sale, transfer, assignment, gift or other disposition of the NFT by you. Any transferee shall receive rights in the Associated NFT Content only upon lawful acquisition of the NFT and acceptance of these Terms or other terms designated by Ducky Duck.

Reserved Rights. Notwithstanding the foregoing licence, Ducky Duck, its affiliates and licensors retain all right, title and interest in and to: (a) all trademarks, service marks, logos, trade names and branding; (b) all game titles, character names, character lore, stories, settings and world-building elements; (c) all source files, templates, layers, tools, engines, code, game mechanics, software and services; (d) all music, sound recordings, sound effects, animations and audiovisual systems; (e) all third-party intellectual property incorporated into or used with the NFT; and (f) all other rights not expressly granted to you in these Terms. Nothing in these Terms transfers to you any ownership of the foregoing rights.

NFT Metadata and Licence References. NFT metadata, smart contract metadata, collection pages, marketplace descriptions and other references may include abbreviated licence notices, rights notices, links to these Terms, links to an NFT licence page, or other explanatory information regarding the NFT and the Associated NFT Content. These notices are provided for convenience, discovery and notice purposes only and do not expand, limit or otherwise modify the rights and obligations set out in these Terms. In the event of any conflict or inconsistency between any NFT metadata, marketplace description or abbreviated notice and these Terms, these Terms and the NFT License shall control.

3.5. License Back on In-Game Use (included in the NFT License)

If you connect, import, deposit, equip, stake, activate or otherwise enable an NFT for use within Ducky Duck or any Ducky Duck Services and/or applications, you grant to Ducky Duck, its affiliates, contractors, hosting providers, marketplace operators, platform partners and other service providers a limited, worldwide, royalty-free, sublicensable licence, during the period of such use and for a reasonable period thereafter as necessary for support, compliance, dispute resolution and archival purposes, to host, cache, copy, reproduce, transmit, display, perform, and adapt the NFT and the Associated NFT Content solely as necessary or incidental to:

• verify ownership, authenticity and eligibility;
• render, enable and operate gameplay features, user interfaces and live-operations features associated with the NFT;
• provide customer support, moderation, anti-cheat, anti-fraud, anti-abuse, security, analytics, backups and legal compliance; and
• display gameplay footage, screenshots, tournament broadcasts, community features and promotional materials in which your NFT appears in connection with the Ducky Duck.

This licence automatically ends when the NFT is no longer enabled for use within Ducky Duck games, Services and applications, except to the limited extent ongoing use remains reasonably necessary for the purposes expressly stated above.

4. COMMUNICATIONS

We may provide service-related communications electronically, including through Telegram, email, in-game notices, the mobile application and mobile push notifications. Such communications may include account, security, transactional, legal, support and other important information relating to the Services. To the extent permitted by applicable law, electronic delivery satisfies any requirement that such communications be in writing. Promotional or other non-essential communications that require separate consent under applicable law will be sent only after the required consent has been obtained, and any available opt-out or withdrawal mechanism will be provided. Push notifications also depend on your device and operating-system settings. You are encouraged to retain copies of important electronic communications.

For the mobile application, first-line customer or technical support may be operationally provided by the Company, the Mobile Publisher or an authorized support team. Regardless of which entity or team handles a particular request, Users may contact [email protected] for player, technical or account support and [email protected] for legal or privacy matters. The Company may route or coordinate a request with the Mobile Publisher where reasonably necessary to resolve it, administer a transaction or entitlement, investigate fraud or abuse, or comply with Platform requirements or applicable law. Such routing does not reduce any mandatory response period or right available to the User.

5. USER REGISTRATION

Registration and sign-in methods may differ depending on how you access the Services. When you access Ducky Duck through Telegram, your participation is linked to your Telegram account. In the mobile application, you may be able to create a separate game account or sign in using Telegram, an email address, a supported Apple or Google authentication method, or another sign-in method made available by the Company. By connecting or using an Account with the Services, you are responsible for activities carried out through that Account to the extent permitted by applicable law, including interactions involving Digital Assets or other in-game Items. The Company may monitor activity as described in Sections 9 and 17 and in the Privacy Policy to prevent fraud, unauthorized use, security incidents or other violations of these Terms.

If you sign in to the mobile application using Telegram, we use the Telegram account information made available through the Telegram authentication process to identify and authenticate you. Telegram may provide an encoded authentication object containing account and technical information. For the purpose of identifying and matching an existing Telegram-linked Ducky Duck Account, we may use your Telegram user ID and, where available, your Telegram username and/or name. If you use another supported sign-in method for the mobile application, the relevant authentication provider or sign-in process may make available identifiers such as an email address, provider-specific user ID or other account or authentication information. Where applicable and lawfully available, we may use such identifiers to determine whether they correspond to or may be associated with an existing Telegram-linked Ducky Duck Account, as described in Section 5.4. Our collection and use of personal information for these purposes is further described in our Privacy Policy.

When you sign in to or register for the mobile application using Telegram or another supported sign-in method, our servers may check whether an existing Telegram-linked Ducky Duck Account may be associated with the identifiers lawfully available through that sign-in or registration process. Where a potentially matching existing Telegram-linked Account is identified, the Services may present a prompt or other in-app notice offering the Account linking, synchronization or progress-transfer choices described in Section 5.4. If no potentially matching existing Telegram-linked Account is identified, you may create a new Account or character as permitted by the Services.

Before an existing Telegram-linked Ducky Duck Account is linked to or made accessible through the mobile application, you may be required to review and expressly accept additional or supplemental terms, rules, disclosures or policies applicable to the mobile application, including requirements associated with distribution through Google Play or the Apple App Store. Any such supplemental Company terms apply in addition to these Terms only to the extent expressly stated. For the avoidance of doubt, prior Company-issued terms previously accepted through the Telegram-based version or any earlier version of the Services are superseded and replaced as described in Section 1 and do not remain in force merely because an existing Telegram-linked Account is linked to or accessed through the mobile application. If you do not accept applicable supplemental terms that are validly required for a particular mobile feature or distribution channel, you may not be able to use that feature or access the existing Telegram-linked Account through that channel.

5.1. User Representations and Warranties

When using Ducky Duck, you represent and warrant the following:

Authority: You may use the Services on your own only if you are at least 13 years old and meet any higher minimum age required by applicable law or the applicable platform. Age ratings and content descriptors shown for a particular version or platform also apply and may be higher; an age rating is separate from legal capacity to enter into a contract. If you are below the age of legal majority in your jurisdiction, your parent or legal guardian must review and accept these Terms on your behalf where required by law. Any parental authorization required specifically for processing a minor's personal data is governed separately by applicable privacy law and our Privacy Policy.

Accuracy of Information: You guarantee that all information provided, such as wallet details or other identifiers, is accurate. You also confirm that neither you nor any entities related to you are listed in trade embargoes, economic sanctions, or denied persons lists from organizations like OFAC or the U.S. Department of Commerce.

Blockchain Understanding: You acknowledge that certain features use blockchain networks, Smart Contracts, Digital Assets and third-party wallets, and that those technologies may involve technical, operational, regulatory and external-market risks described in these Terms. You are responsible for deciding whether to use optional blockchain-related features.

Legal Compliance: You will use the Services and any blockchain-related functionality only in compliance with applicable law and will not use the Services to evade sanctions, trade restrictions, legal prohibitions or restrictions applicable to you.

5.2. Countries

The Ducky Duck game is not available to users residing in certain countries, including, but not limited to Afghanistan, the Central African Republic, the Democratic Republic of the Congo, Cuba, Guinea-Bissau, Iraq, North Korea, Libya, Mali, Somalia, South Sudan, Sudan, Syria, Venezuela, Yemen, Myanmar, and Mainland China. By using the Services, you confirm that you are not a resident of any of these countries.

Users from these countries are not allowed to use the Services. The User is obliged to independently find out and monitor whether the use of the Services is permitted in his country.

5.3. Requirements

To use the Services, you must provide any compatible device, software and network connection necessary for the access point you choose to use, which may include a mobile device, desktop device, supported Telegram client, browser or application environment. You are solely responsible for any internet, mobile-data or other connectivity charges incurred when accessing the Services.

5.4. Detection of Existing Telegram Accounts; Account Linking and Progress Synchronization

When you register, sign in to or otherwise access the mobile application, the Company may determine whether an existing Ducky Duck Account previously used through the Telegram-based version (an "existing Telegram-linked Account") may be associated with you. For this purpose, the Company may use account and authentication identifiers lawfully available to it, including, where applicable, Telegram account information, a Telegram user ID, an email address previously associated with the existing Telegram-linked Account, a provider-specific authentication identifier or another supported identifier reasonably necessary to identify or match that existing Telegram-linked Account. This matching is used to identify a potentially existing Telegram-linked Account and, where applicable, to offer Account linking, synchronization or progress-transfer functionality. Personal data used for these purposes is processed as described in the Privacy Policy.

Where the Company identifies a potentially matching existing Telegram-linked Account, the Services may present a prompt or other in-app notice offering you a choice either (i) to link or synchronize that existing Telegram-linked Account and use its associated character, Items, In-Game Currency, resources, entitlements and game progress in the mobile application, or (ii) to decline such linking or synchronization and create a separate new Account for the mobile application. Your selection through the interface constitutes your instruction as to which available Account configuration the Services should use, subject to these Terms and any applicable technical, security or platform restrictions.

If you choose to link or synchronize the existing Telegram-linked Account, the same existing server-side Account, character, Items, In-Game Currency, resources, entitlements and game progress may thereafter be made available through both the Telegram-based version and the supported mobile application. Because the linked access points use the same underlying Account data, changes to game progress, balances, Items or other Account data made through one linked access point may be reflected through the other linked access point.

For the avoidance of doubt, linking or synchronization of an existing Telegram-linked Account with the mobile application does not expand the Mobile Publisher's role to the Telegram-based version and does not make the Mobile Publisher responsible for Telegram-side publishing, distribution, monetization, promotion, payments, transactions, entitlements, refunds or platform operations.

If you decline linking or synchronization and choose to create a new mobile Account, the new mobile Account will be separate from the existing Telegram-linked Account. No character, game progress, Items, In-Game Currency, resources, entitlements or other Account-specific benefits from the existing Telegram-linked Account will be transferred, duplicated or credited to the new mobile Account solely because both Accounts belong to, are controlled by or are used by the same person, or because the Company has identified matching or similar account information. The new mobile Account will begin with the initial progress, resources and entitlements ordinarily made available to a new Account through the relevant mobile version of the Services.

Declining linking, synchronization or progress transfer does not by itself delete, terminate, reset or otherwise modify the existing Telegram-linked Account. Subject to these Terms, continued availability of the Telegram-based version and any applicable technical, security or platform restrictions, you may continue to access the existing Telegram-linked Account separately through Telegram.

A separate mobile Account created after declining linking or synchronization remains subject to the multi-account, related-account, fair-play and anti-abuse rules in Section 6, including the limits and restrictions in Section 6.2. The availability of a separate mobile Account does not entitle a User to duplicate, copy or transfer progress, Items, In-Game Currency, resources or other Account-specific benefits between that Account and the existing Telegram-linked Account except where the Services expressly provide such functionality.

Linking and synchronization of an existing Telegram-linked Account with the mobile application are subject to successful authentication and any security, eligibility, anti-fraud or verification measures reasonably required by the Company. The Company may refuse, delay or reverse a linking or synchronization request where reasonably necessary to prevent unauthorized access, account takeover, duplication of Items or value, fraud, abuse or another material security or game-integrity risk, subject to applicable law.

The availability of any later linking, merging, separation, transfer or unlinking between an existing Telegram-linked Account and a separate mobile Account, or of any later transfer of progress between them, is not guaranteed and may depend on functionality then made available by the Company, technical feasibility, platform rules, security requirements and applicable law. Unless the Services expressly provide otherwise or applicable law requires otherwise, the Company is not required to manually merge such separate Accounts or transfer Account-specific progress, Items, In-Game Currency, resources or entitlements after a User has chosen to create or maintain a separate mobile Account.

6. ANTI-BOT MEASURES, EXPLOITS AND MULTI-ACCOUNT USAGE

We promote fair gameplay, and users are required to follow the rules and respect the gaming experience of other players.

6.1. Automated bots are prohibited

Confirmed use of bots or prohibited automation is a serious violation and may result in immediate restriction, suspension or permanent ban of the relevant Account and related Accounts, subject to any safeguards required by mandatory applicable law.

6.2. Multi-accounts

Multi-accounts (up to 5 per player) are allowed if they are managed manually, do not interact or exchange resources (including Corn or Ducks) with each other through the Market, do not participate in resource "carousel" schemes, and do not assist each other in completing tasks or competitions with prizes or other rewards. For avoidance of doubt, the Market referenced in this Section is an in-game gameplay feature and does not mean a user-to-user marketplace for NFTs. Such accounts are considered "family" accounts and are eligible to participate in the referral program. To reduce abuse risk, the Company may require the use of separate devices or other reasonable verification measures during relevant gaming sessions. Exceeding the limit of 5 accounts may be treated as a bot farm and may result in restrictions or bans on related accounts, including the main account.

6.3. Suspicious account checks

Accounts reasonably suspected of operating more than 5 accounts, using bots or otherwise abusing the Services may be temporarily unable to mint, withdraw or extract NFTs pending automated and/or manual verification, which may take up to 90 days in complex or disputed cases. Access to the Market may also be restricted during review. In disputed or higher-risk cases, withdrawals may be conditioned on additional verification, including video verification and identity confirmation. Personal data processed for these checks is handled in accordance with the Privacy Policy and applicable law. Where applicable law grants rights concerning a decision based solely on automated processing that produces legal or similarly significant effects, we will provide the safeguards required by law, which may include human review and an opportunity to contest the decision.

6.4. Users are responsible for their accounts

Accounts and access credentials are personal to the User and may not be sold, rented, transferred, shared or otherwise made available to another person except where the Company expressly authorizes it. You are responsible for taking reasonable steps to protect the device and credentials through which your Account can be accessed. The Company is not responsible for loss of Items or progress caused by unauthorized access that is not attributable to the Company, to the fullest extent permitted by applicable law.

6.5. Exploits and Protection of the In-Game Economy

The Services are designed to operate according to intended gameplay rules, progression systems and in-game economic mechanics. Users must not knowingly exploit, abuse or repeatedly take advantage of any bug, glitch, vulnerability, undocumented or unintended functionality, design error, configuration error, unintended gameplay interaction, game-design imperfection or other unintended behaviour of the Services (collectively, an "Exploit") in a manner that is not reasonably consistent with the intended gameplay design.

Without limitation, Users must not use an Exploit to improperly generate, duplicate, obtain, retain, transfer, increase, preserve or manipulate any In-Game Currency, resources, Items, Digital Assets, rewards, entitlements, progression, rankings, scores or other gameplay benefits; bypass or avoid any intended gameplay requirement, limitation, timer, cost, eligibility condition or progression requirement; or otherwise obtain an unfair advantage, distort or materially affect the intended in-game economy, or materially interfere with fair gameplay.

A User who discovers an apparent Exploit must not knowingly use it beyond what is reasonably necessary to identify or report the issue. Users must not knowingly create, publish, promote, sell, distribute or provide to other persons instructions, scripts, tools, code, reproducible steps or other information primarily intended to enable, facilitate or materially increase exploitation of an Exploit or the resulting unfair acquisition, duplication, preservation, transfer or manipulation of in-game value.

This restriction does not prohibit good-faith reporting of bugs, vulnerabilities or unintended mechanics to the Company, ordinary discussion or criticism of game balance or intended gameplay mechanics, or other activity that does not materially facilitate exploitation of an unintended mechanic. Suspected Exploits may be reported to [email protected] or through another reporting channel made available by the Company.

Exploit abuse may be treated as a serious violation of these Terms. In determining the appropriate response, the Company may take into account the nature of the Exploit, whether the conduct appears intentional, the number and frequency of uses, the amount or value of any improperly obtained or preserved benefit, the effect on the in-game economy or other Users, whether the User shared or facilitated the Exploit, whether the User attempted to conceal the conduct, and any prior violations.

Where reasonably necessary to protect the Services, other Users or the in-game economy, the Company may, in its sole reasonable discretion and subject to applicable law, temporarily restrict an Account, transactions, withdrawals or affected features while an investigation is pending. Where Exploit abuse is reasonably established, the Company may, in its sole reasonable discretion and subject to applicable law, remove or reverse improperly obtained benefits, reverse, reset, remove or adjust affected balances, Items, In-Game Currency, progression, rankings or other Account data, issue a warning, restrict particular features, temporarily suspend or ban the Account, or, in cases of material, deliberate, repeated or large-scale abuse, permanently ban or terminate the Account. The Company may also take proportionate corrective measures reasonably necessary to restore the integrity of the in-game economy or reverse the effects of an Exploit. Nothing in this Section limits any mandatory consumer right or remedy under applicable law.

7. FEES AND PAYMENT; REFUND POLICY

7.1. Pricing and Payment Terms

Where the Services offer paid digital content, Items, entitlements or other purchases for real-world consideration, the relevant purchase interface will identify the item, feature or other paid offering, the price and currency, and, where applicable, the seller or merchant of record, taxes or charges, renewal terms and other information required by applicable law before the transaction is completed. Any payment obligation you incur is subject to these Terms, the applicable purchase interface, mandatory consumer law and, where relevant, the rules of the payment or distribution platform.

Where a purchase, or the use of Purchased In-Game Currency, enables participation in a randomized gameplay mechanic described in Section 2.1, the relevant purchase or gameplay interface will disclose the material characteristics of that mechanic and, where required by applicable law or applicable platform rules, the applicable probabilities or odds before the User completes the purchase or commits the relevant Purchased In-Game Currency. Except for an outcome expressly identified as guaranteed, participation in such a mechanic does not guarantee any particular reward or result.

7.2. Digital Assets or Items

Where a Digital Asset or Item is expressly offered by the Company for acquisition, including through a gameplay mechanic, you agree that you have read, understood and accepted any Digital Asset Terms applicable to that asset or Item. Any secondary sale fee, creator royalty or similar term applies only where it is expressly disclosed and legally applicable, including where it may be reflected in Smart Contract logic or an external marketplace. The existence of such a term does not mean that the Company operates or controls an external secondary market.

Any transactions involving NFTs made between Users via third-party services are conscious and voluntary. A User making any such transaction assumes the associated risks of financial loss and understands that transactions in favour of other Users are beyond the control of Ducky Duck, are not made in favour of Ducky Duck and are not part of the Services. Users are unable to sell, purchase, exchange or otherwise transfer NFTs to other Users within the Services. Ducky Duck and its developers are not affiliated with third-party services used for external NFT transactions and are not beneficiaries of such transactions.

For the avoidance of doubt, certain NFTs may be minted or allocated through gameplay, progression, achievements, periodic events, the NFT Shop described below, or other game mechanics expressly made available by the Company. Such minting and allocation are gameplay-related features and do not constitute the operation of a user-to-user marketplace, exchange or trading venue by the Company.

Current NFT Shop mechanic (minting). The Company may make certain ready-to-mint NFTs available directly to Users through a rotating in-game ready-to-mint NFT Shop. Under the current implementation, the Company generally makes one identified ready-to-mint NFT at a time active for acquisition, while the interface may display a sequence of several upcoming ready-to-mint NFTs and estimated timing for when they may become active. Before a User commits Gameplay-Only Currency to an active ready-to-mint NFT, the Services will make available the material characteristics and attributes of that ready-to-mint NFT that are relevant to the acquisition decision, together with the applicable gameplay rules or other information reasonably necessary for the User to decide whether to participate. The ready-to-mint NFT made available in a particular round is identified before a User commits Gameplay-Only Currency; the mechanic determines for which participating User that identified ready-to-mint NFT will be minted rather than randomly selecting a ready-to-mint NFT for the winning User after the commitment is made. For the avoidance of doubt, the randomized gameplay mechanics described in Section 2.1 are not used to determine the allocation, recipient, identity or attributes of the ready-to-mint NFT identified for an NFT Shop round. Ready-to-mint NFTs made available through the NFT Shop do not have any predetermined monetary or external market value set or guaranteed by the Company. Within the Services, their functionality is limited to gameplay-related features and does not include any financial, investment, or revenue-generating function. Any external market value that may arise after withdrawal is determined independently of the Company and may fluctuate or become zero, as described in Section 2.3. Any preview, queue, characteristics display or estimated timing may be updated to correct errors or reflect gameplay, technical, blockchain, security, event or operational changes, provided that any material change affecting an active acquisition round will be handled in accordance with these Terms and applicable law.

The NFT Shop uses only Gameplay-Only Currency. The Services may separately offer other In-Game Currency, resources, Items or entitlements for purchase for fiat currency or other real-world consideration under Section 7.1, but such paid or purchasable currency, resources, Items or entitlements are distinct from Gameplay-Only Currency and cannot be used or converted into Gameplay-Only Currency for purposes of minting an NFT through the NFT Shop under the current game design. Gameplay-Only Currency is not redeemable for cash and is not withdrawable as a Digital Asset. After reviewing the displayed ready-to-mint NFT characteristics and applicable rules, a User may choose whether to commit an amount of Gameplay-Only Currency to the currently active ready-to-mint NFT. When a qualifying commitment is made, a gameplay timer may begin, continue, reset or extend as displayed in the Services.

Before the timer expires, another User may make a higher qualifying commitment of Gameplay-Only Currency for the same identified ready-to-mint NFT. If a User is outbid or otherwise ceases to be the current qualifying participant, the amount of Gameplay-Only Currency committed by that User for that attempt will be returned in full to the User's in-game balance, subject to correction of manifest technical errors or abuse. When the applicable timer expires, the User with the highest or otherwise winning qualifying commitment under the displayed rules will be charged the applicable amount of Gameplay-Only Currency and the relevant ready-to-mint NFT will be minted to, credited to or otherwise made available to that User, subject to technical, eligibility, security and anti-abuse checks. The described timer is used in connection with the minting of NFTs to prevent the use or abuse of Exploits, abusive practices, and bots (i.e., the automation by a User of actions or gameplay mechanics).

This is an auction-style gameplay allocation mechanic conducted solely with Gameplay-Only Currency. It does not enable one User to sell an NFT or other Digital Asset to another User, and the Company remains the party making the relevant NFT available through the Services. A User participates voluntarily after having the opportunity to review the identified ready-to-mint NFT and its displayed material characteristics and to decide whether to commit Gameplay-Only Currency. The fact that other Users may make higher qualifying commitments affects which User mints the NFT but does not change the characteristics of the ready-to-mint NFT being offered in that round. The Company may pause, cancel, restart, correct or otherwise adjust an NFT Shop round where reasonably necessary because of a technical error, exploit, fraud, abuse, security incident, blockchain failure or other circumstance that materially affects fair operation. Where a round is cancelled or corrected, committed Gameplay-Only Currency will be restored or adjusted as reasonably necessary unless the relevant amount was obtained or committed through fraud, abuse or another breach of these Terms.

The Company may also make other NFT minting or gameplay-allocation methods available now, periodically or in the future. Any such method may have additional gameplay, eligibility, technical or event-specific rules disclosed in the Services. Unless expressly stated otherwise, such methods do not create user-to-user trading functionality.

Users cannot sell, purchase, exchange or otherwise transfer NFTs to one another within the Services. If a User withdraws or extracts an NFT to an external wallet, marketplace or other third-party service, any subsequent transaction or disposition is carried out independently by the User outside the Services. Ducky Duck does not operate, control or act as a broker, exchange, marketplace operator, seller, buyer or intermediary in such external transactions.

Where the Telegram-based version offers digital goods or digital services for purchase, all such transactions must be executed exclusively using Telegram Stars in accordance with the applicable Telegram platform rules. Telegram Stars are a Telegram platform virtual item used as a payment method within the Telegram ecosystem and are not In-Game Currency or Digital Assets under these Terms. No other payment method is accepted within the Telegram-based version for the purchase of digital goods or digital services.

7.3. Payment Processing

Payment processing and related services (including card acceptance, app-store billing and merchant settlement) may be handled by third-party service providers, including Google Play, the Apple App Store or other authorized payment providers (each a "Third-Party Service Provider"). The acquisition of Telegram Stars is handled separately under the applicable Telegram terms and may involve third-party payment processors designated or used by Telegram. Your use of any such service is also subject to the applicable Third-Party Service Provider or Telegram terms. The Company may provide or receive transaction, entitlement or account information to the extent reasonably necessary to process or confirm a purchase, provide the relevant Item or feature, prevent fraud, provide support or comply with law, as further described in the Privacy Policy. Where a Third-Party Service Provider controls billing, cancellation or refunds, the Company's ability to reverse a transaction may be limited, but nothing in this paragraph limits any mandatory consumer right or remedy.

For purchases made through the mobile application, the Mobile Publisher may operate the relevant app-store developer, payment or settlement accounts and may receive settlement, transaction, refund, chargeback and entitlement information from the applicable Platform. The Mobile Publisher may perform related Platform administration and may provide relevant information to the Company where reasonably necessary to deliver purchased content, maintain Account entitlements, provide support, prevent fraud or abuse, administer refunds or chargebacks, reconcile payments or comply with law and Platform requirements. The Mobile Publisher's operational role does not by itself determine which entity is the seller, distributor, payment processor or merchant of record for a particular transaction; those roles are determined by the applicable Platform arrangement, applicable law and the circumstances of the transaction. For the avoidance of doubt, this paragraph applies only to purchases through the mobile application and does not give the Mobile Publisher any role in Telegram Stars transactions or other payments made through the Telegram-based version.

7.4. Blockchain Transaction Fees

A blockchain network, compatible wallet, marketplace or other third-party service may impose, charge or deduct a network or transaction fee (a "Gas Fee") in connection with the minting, withdrawal, transfer, sale or other disposition of an NFT, including after the NFT has been withdrawn from the Services. Any such Gas Fee is determined and charged independently of Ducky Duck. Ducky Duck does not set, control, collect or necessarily know the amount of any Gas Fee and is not responsible for such fees except to the extent mandatory applicable law provides otherwise.

7.5. Taxes on External Digital Asset Transactions

Users are solely responsible for determining, reporting and paying any taxes that may lawfully arise from their independent sale, transfer or other disposition of Digital Assets on third-party platforms or marketplaces after withdrawal from the Services. The Company is not a party to such external transactions and is not responsible for withholding, collecting or remitting taxes in connection with them except to the extent applicable law expressly requires otherwise.

7.6. Refund Policy and Mandatory Consumer Rights

A. Mandatory Consumer Rights

Nothing in these Terms limits or excludes any right or remedy that cannot lawfully be limited or excluded under applicable consumer protection law. In particular, consumers in the European Economic Area ("EEA") may have statutory rights relating to withdrawal, supply, conformity, required updates, price reduction and termination in respect of digital content and digital services. Such statutory rights apply in addition to, and prevail over, any inconsistent limitation contained in this Section.

B. Right of Withdrawal

Where applicable law provides a statutory right of withdrawal from a distance contract, a consumer may withdraw from an eligible purchase within fourteen (14) days from the date the relevant contract is concluded, without giving any reason, unless that right has been validly lost or an applicable statutory exception applies. Applicable law may provide for a different, including a shorter, refund period (for example, 7 days).

Where digital content is to be supplied immediately during the statutory withdrawal period, the Company or the relevant seller or merchant of record may request your prior express consent to immediate performance and your acknowledgement that, once performance begins in the circumstances prescribed by applicable law, you may lose your statutory right of withdrawal. Where applicable law requires confirmation of that consent and acknowledgement on a durable medium, such confirmation will be provided.

For EEA consumers, the statutory right of withdrawal applicable to Purchased In-Game Currency will not be excluded merely because the Purchased In-Game Currency has been credited to the Account. To the extent required by applicable law, unused Purchased In-Game Currency may remain eligible for withdrawal during the applicable fourteen (14)-day withdrawal period. Any use, spending or consumption of Purchased In-Game Currency, and the consequences of such use for the withdrawal right, are subject to applicable law and any information presented at the time of purchase. As a general rule, and for EEA consumers specifically, such spending, consumption or other usage of Purchased In-Game Currency revokes consumers’ withdrawal rights, unless applicable law or another provision of this Section provides otherwise. However, this general rule applies only to the extent permitted by applicable law; applicable law may provide for different conditions or consequences of use, including preserving withdrawal or reimbursement rights in respect of some or all of any remaining unused balance.

C. Failure to Supply

Unless another time for supply is expressly agreed or disclosed at the time of purchase, digital content, Items, Purchased In-Game Currency and other paid digital entitlements will be supplied without undue delay after completion of the relevant transaction.

If the Company is responsible for a failure to supply eligible digital content or a digital service, you may request that it be supplied. Where applicable law so provides, if the Company thereafter fails to supply it without undue delay or within any additional period expressly agreed with you, you may terminate the relevant contract and obtain the refund required by applicable law. You may be entitled to terminate immediately where applicable law permits this, including where it is clear that supply will not occur or where supply by a specified time was essential and the Company fails to supply by that time.

D. Defective or Non-Conforming Digital Content

If digital content, an Item, entitlement, Purchased In-Game Currency or another paid digital feature supplied by the Company is materially defective, does not correspond to its description, lacks material characteristics disclosed at the time of purchase, or otherwise fails to conform to mandatory requirements of applicable law, you may have statutory remedies.

Where applicable, the Company may first be entitled to bring the digital content or digital service into conformity, provided that this can be done within a reasonable time, free of charge and without significant inconvenience to you. Depending on applicable law, you may instead or subsequently be entitled to an appropriate price reduction or to terminate the relevant contract where bringing the content or service into conformity is impossible or disproportionate, has not been completed within a reasonable time, the lack of conformity recurs, the lack of conformity is sufficiently serious to justify an immediate remedy, or it is clear that conformity will not be restored within a reasonable time or without significant inconvenience.

For consumers to whom Cyprus consumer law applies, where digital content or a digital service is supplied by a single act or a series of individual acts, the Company is liable, in accordance with applicable law, for a lack of conformity that arises or becomes apparent within two (2) years from supply. Where digital content or a digital service is supplied continuously over a period of time, statutory conformity rights apply throughout the applicable period of supply. Consumers in another jurisdiction may benefit from equivalent or more favourable mandatory periods under the law applicable to them.

E. Timing and Method of Refund

Where a refund or price reduction is due under applicable law or this Section, the Company will make the reimbursement without undue delay and, where the laws implementing Directive (EU) 2019/770 apply, in any event within fourteen (14) days from the date on which the Company is informed of your decision to invoke the applicable right to a price reduction or to terminate the relevant contract. Unless otherwise expressly agreed with you or required by the relevant payment provider or app store, the reimbursement will be made using the same means of payment used for the original transaction and no reimbursement fee will be charged to you.

For clarity, the fourteen (14)-day reimbursement period in the preceding paragraph is a period for processing a reimbursement after the relevant right has arisen and been invoked; it is not a general fourteen (14)-day deadline for discovering or reporting a defect or other lack of conformity. Any period during which the Company may be liable for lack of conformity is determined by applicable law, including the Cyprus rules described above where they apply.

F. App Store, Telegram Stars and Third-Party Purchases

Purchases made through Google Play, the Apple App Store or another authorized third-party payment or distribution platform may be processed by that platform as distributor, seller, payment processor or merchant of record. Billing, cancellation and refund procedures may therefore be governed in whole or in part by the applicable platform rules. Where the platform controls the refund process, you may be required to submit the refund request through that platform. This does not limit any mandatory consumer right or remedy that applicable law gives you directly against the Company. For mobile purchases, the Mobile Publisher may operate the relevant developer or settlement account and may participate in transaction, entitlement, refund or chargeback administration. Depending on applicable law and the relevant Platform arrangement, mandatory rights or claims may be exercisable against the Company, the Mobile Publisher, the Platform or another legally responsible seller, distributor or merchant of record. Nothing in these Terms excludes or limits any such mandatory right or remedy.

Telegram Stars Transactions. In the Telegram-based version, purchases of digital goods and digital services are made exclusively using Telegram Stars in accordance with the applicable Telegram rules. The acquisition and use of Telegram Stars are separately subject to the Telegram Terms of Service for Telegram Stars and, where applicable, the terms of the payment processor through which the Stars were acquired. Under Telegram's rules, purchases of Telegram Stars themselves are generally final and non-refundable for unwanted or unintentional purchases. Purchases of digital goods or digital services using Telegram Stars are generally final once the relevant content or entitlement has been delivered, used or consumed, except where a refund, reversal or other remedy is required by the applicable Telegram rules or mandatory applicable law, including where the purchased digital good or service was not delivered as advertised or within the agreed timeframe. Legitimate payment issues concerning purchases made through the Telegram-based version may be submitted through the payment-support mechanism required by Telegram, including the /paysupport command where applicable, or through the Company's applicable support channel. Any refund of a Telegram Stars transaction will be processed using the mechanisms permitted by Telegram. Nothing in this paragraph limits any mandatory consumer right or remedy.

G. Gameplay-Only Currency and the NFT Shop

Gameplay-Only Currency cannot be purchased for real-world consideration and is separate from Purchased In-Game Currency. The use of Gameplay-Only Currency in the NFT Shop is not a monetary payment or an app-store purchase. The automatic return of committed Gameplay-Only Currency to an unsuccessful or outbid User under Section 7.2 is an in-game settlement of the gameplay mechanic and is not a cash refund.

A completed allocation of an NFT through the NFT Shop is subject to the gameplay rules in Section 7.2 and any mandatory rights that cannot lawfully be excluded. Where mandatory consumer law applies to an NFT or other digital content made available through the NFT Shop, nothing in this Section excludes the corresponding mandatory rights relating to supply, conformity or other statutory remedies. Because blockchain transactions may be technically irreversible once an NFT has been minted or transferred to an external wallet, any legally required remedy will be provided in the manner required by applicable law taking into account the technical characteristics of the relevant transaction; technical irreversibility does not by itself exclude a mandatory consumer remedy.

H. Other Regional Rights and Verification

For U.S. consumers, nothing in these Terms limits non-waivable federal or state rights concerning unauthorized charges, deceptive practices, defective or undelivered digital content, automatic renewal or other mandatory consumer protection. For consumers in the Russian Federation, nothing in these Terms limits mandatory rights under Russian consumer law, including statutory rights concerning information, quality, liability, termination, refunds and jurisdiction.

All refunds, reversals, replacements or other remedies may be subject to fraud-prevention and verification measures that are lawful, necessary and proportionate. Such measures do not extend, suspend or remove a mandatory refund deadline except to the extent expressly permitted by applicable law.

I. Refunded Transactions; Refund and Chargeback Abuse

If a purchase is refunded, reversed, charged back, cancelled or otherwise voided by the Company, an app store, payment provider, financial institution or other authorized payment intermediary, the Company may, to the extent permitted by applicable law and the applicable platform rules, revoke, remove, reverse or adjust any Items, Purchased In-Game Currency, digital content, entitlements, benefits or other value attributable to the refunded or reversed transaction. Where the relevant content or value has already been used or consumed, the Company may make reasonable corresponding account or balance adjustments or temporarily restrict relevant purchase or account functionality where reasonably necessary to prevent the User from retaining both the refunded payment and the corresponding purchased benefit.

Requesting or receiving a refund, chargeback, cancellation, statutory withdrawal or other consumer remedy to which a User is entitled under applicable law or applicable platform rules does not, by itself, constitute a violation of these Terms.

However, Users must not knowingly submit materially false, misleading or fraudulent information in connection with a refund, chargeback, withdrawal or payment dispute; falsely represent that a transaction was unauthorized or made by another person; manipulate or misuse refund, chargeback or platform procedures; repeatedly obtain refunds while intentionally retaining or consuming the corresponding purchased benefits; or otherwise use refund or payment-dispute mechanisms for fraudulent or abusive purposes.

In determining whether refund or chargeback abuse has occurred, the Company may consider reasonably available objective information relating to the relevant transaction and Account, including transaction and entitlement records, use or consumption of the purchased content, information previously provided by the User concerning age or authorization, relevant platform or payment-provider information, and patterns of repeated refund or chargeback activity, in each case subject to applicable privacy and consumer-protection law.

Where the Company has reasonable grounds to suspect such abuse, it may investigate the matter and apply reasonable temporary protective measures while the investigation is pending. Where fraudulent or abusive conduct is reasonably established, the Company may issue a warning, reverse affected entitlements, restrict purchases or withdrawals, temporarily suspend the Account or, in cases of material, repeated or deliberate abuse, terminate the Account, subject to applicable law and any required notice, review or appeal rights.

8. USER CONTENT

8.1. User Content

"User Content" refers to any information or content that a user submits to, or uses with, the Services (e.g., content in the user's profile, posts, or interactions) or any of Ducky Duck's profiles on other platforms (e.g., Telegram). You are solely responsible for your User Content and bear all risks related to its use, including any reliance on its accuracy, completeness, or usefulness by others, as well as any disclosure that personally identifies you or others. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy and/or Terms. You may not imply that your User Content is endorsed by Ducky Duck. Since you are solely responsible for your User Content, you may be exposed to liability if your content violates any rules or laws. Ducky Duck is not obligated to back up any User Content, and it may be deleted without prior notice. You are responsible for creating and maintaining your own backup copies of your User Content.

8.2. User Content License

You hereby grant (and represent and warrant that you have the right to grant) Ducky Duck an irrevocable, nonexclusive, royalty-free, fully paid (or free, where applicable), worldwide license to reproduce, distribute, publicly display, perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content. This includes the right to grant sublicenses to improve the Services and our other products and services. You irrevocably waive any moral rights or claims of attribution with respect to your User Content.

The Users acknowledge these rights and expressly consent to any alterations, localization, reconfiguration, or other modifications of User Content by Ducky Duck and developers thereof in the course of operating, publishing and marketing the Services. The Users also agree that Ducky Duck and developers thereof are not required to include Users' names or attributions when using User Content. The Users further promise not to sue or bring claims against Ducky Duck or developers thereof based on moral rights or similar theories, even if the Ducky Duck's actions might otherwise infringe such rights in jurisdictions that recognize them. For avoidance of doubt and for the purpose of observation of potentially applicable laws, the Users grant Ducky Duck and developers thereof express permission (consent) to:

• use User Content and related materials without indicating the Users' names and aliases;
• publish User Content and related materials;
• modify, abbreviate, and make additions to User Content and related materials; and
• not to provide copyright-style reports on the use of User Content and related materials to the Users.

The Users also warrant and represent that they have obtained all the necessary written moral rights waivers/consent from all the corresponding contributors (authors) and are able to provide them on request. The Users give the same warranty that they will obtain such waivers/consents from all future contributors/authors in relation to User Content and related materials to provide Ducky Duck and developers thereof unhindered use of User Content and related materials.

8.3. Right to Review or Remove

We reserve the right (but have no obligation) to review, refuse, and/or remove any User Content at our sole discretion. We may also investigate or take appropriate action against you if you violate the Acceptable Use Policy or any other provisions of these Terms. This action may include removing or modifying your User Content, terminating your access to the Services, and/or reporting your activity to law enforcement authorities.

8.4. Submissions

By submitting questions, comments, suggestions, ideas, documents, proposals, feedback, or other information regarding the Services ("Submissions") to us, you do so at your own risk, and Ducky Duck has no obligations (including confidentiality) with respect to such Submissions. You hereby grant Ducky Duck a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit any and all Submissions. To the fullest extent permitted by law, you waive any moral rights to such Submissions, and you warrant that the Submissions are original or that you have the right to grant these licenses. General questions, feedback and other non-legal communications concerning the Services may be sent to [email protected]. Communications that concern legal rights, formal legal notices or legal claims should be sent to [email protected].

The Users acknowledge these rights and expressly consent to any alterations, localization, reconfiguration, or other modifications of Submissions made by Ducky Duck and developers thereof in the course of operating, publishing and marketing the Services. The Users also agree that Ducky Duck and developers thereof are not required to include Users' names or attributions when using Submissions. The Users further promise not to sue or bring claims against Ducky Duck or developers thereof based on moral rights or similar theories, even if the Ducky Duck's actions might otherwise infringe such rights in jurisdictions that recognize them. For avoidance of doubt and for the purpose of observation of potentially applicable laws, the Users grant Ducky Duck and developers thereof express permission (consent) to:

• use Submissions and related materials without indicating the Users' names and aliases;
• publish Submissions and related materials;
• modify, abbreviate, and make additions to Submissions and related materials; and
• not to provide copyright-style reports on the use of Submissions and related materials to the Users.

The Users also warrant and represent that they have obtained all the necessary written moral rights waivers/consent from all the corresponding contributors (authors) and are able to provide them on request. The Users give the same warranty that they will obtain such waivers/consents from all future contributors/authors in relation to Submissions and related materials to provide Ducky Duck and developers thereof unhindered use of Submissions and related materials.

9. INTERACTIONS WITH OTHER USERS; CODE OF CONDUCT

You are solely responsible for your interactions with other players and any other parties with whom you engage; however, we reserve the right, but are not obligated, to step in on any disputes between players. The Services may contain content provided by other users ("User Content"). We are not responsible for and do not control User Content. We have no obligation to review or monitor, nor do we approve, endorse, or make any representations or warranties regarding any User Content, including content available through the Services. You use all User Content and interact with other players at your own risk. Ducky Duck will not be responsible for any liability arising from your interactions with other users. Exercise caution and common sense when interacting with others, just as you would in offline situations with people you don't know.

When You access or use the Services, You agree that You will not:

• violate any laws, regulations or by-laws and other applicable regulation;
• interfere with operation of the Services or any server or network used to support or provide the Services; hack the Services; use any software that damages, interferes with or disrupts operation of the Services or someone else's computer/property, for example, denial of service attacks, spam, hacking or downloading computer viruses, worms, trojans, cancellation bots, spyware, corrupted files and time bombs;
• interfere with the use of Services by other Users or interfere with normal use of Services, for example, disrupt the normal course of a game, chat/communication or dialogues in the Services, including using vulgar or offensive language, insults, raised voice (including excessive use of capital letters/Caps), sending spam or flood;
• harass ("dox"), threaten, create an unpleasant/unhealthy atmosphere in the Services, intimidate, bully, send spam or do anything else undesirable in relation to other Users or employees/representatives of Ducky Duck, for example, repeatedly send unwanted messages, make personal statements or statements about race, sexual orientation, religion, heredity, nationality, politics, incite hatred on any grounds, etc.; use publicly available information about Users of the Services for any purposes unrelated to the normal and legitimate use of the Services, including to attempt to identify such Users in the real world (for example, for the purposes of "doxing");
• create User Content or organize or participate in any activity, group, community or guild that is inappropriate, offensive, harassing, obscene, bearing erotic overtones, threatening, inciting hatred, violate the requirements of applicable law, vulgar, obscene, politically controversial, sexually explicit, defamatory, invading privacy of another person (violating the right to privacy) or are otherwise objectively undesirable; publish, post, upload or distribute User Content or content in violation of law, including if You do not have permission to distribute such User Content and content; publish, post, upload or distribute any content, such as name, pseudonym, avatar, game persona, character or other materials and/or information that Ducky Duck, using principles of objectivity and reasonableness, defines as inappropriate, offensive, hateful, stimulating harassment, obscene, defamatory, threatening, defamatory, erotic, infringing copyright, right to privacy, vulgar, offensive, indecent or illegal;
• send messages in the Services for any purpose other than personal communication. Advertising, spam, chain letters, advertising and distribution of financial pyramids, illegal or restricted substances and/or other objects, pornography and/or other undesirable or prohibited materials in messages are prohibited, extortion and/or commercial activity through in-game chat or Ducky Duck forums, groups and chats are prohibited;
• advertise and/or distribute narcotic substances, explosive devices and other prohibited objects, information about narcotic substances, explosive devices, financial pyramids, fraudulent schemes, other prohibited objects and methods of their manufacture/creation;
• falsely impersonate another person or a Ducky Duck employee/representative; use in-game support or complaint button improperly, or send false notifications to Ducky Duck's employees and representatives;
• attempt to obtain a password, account information or other personal data and personal information of third parties or employees of Ducky Duck;
• use any payment method, refund, chargeback, withdrawal or payment-dispute process for fraudulent or abusive purposes, including by knowingly providing materially false or misleading information in support of a refund or chargeback request, falsely claiming that a transaction was unauthorized or made by another person, using a payment method without permission of its authorized owner, or otherwise as part of illegal activity or in a manner described as abusive in Section 7.6;
• use a robot, bot, "spider" or other automated device or process to gain access to Services for any purpose, for example, in order to delete data, abuse a User's capabilities in the Services or copy materials;
• knowingly exploit or abuse any bug, glitch, vulnerability, undocumented or unintended functionality, design error, configuration error, unintended gameplay interaction, game-design imperfection or other unintended behaviour of the Services to obtain an unfair advantage, improperly generate, duplicate, obtain, retain, transfer, increase, preserve or manipulate In-Game Currency, resources, Items, Digital Assets, rewards, entitlements, progression or other gameplay benefits, circumvent intended gameplay restrictions, or distort or materially affect the in-game economy, as further described in Section 6.5;
• knowingly create, publish, promote, sell, distribute or provide instructions, scripts, tools, code, reproducible steps or other materials primarily intended to enable or facilitate conduct prohibited by Section 6.5, or knowingly encourage or assist another User to engage in such conduct;
• participate in or promote cheating or other anti-competitive behavior in the Services, such as "boosting" (helping new players to advance in the game when it is not objectively provided for by the game design), collusion (cooperation between players in a game when it is not objectively provided for by the game design) and manipulation with matchmaking;
• use or distribute counterfeit Ducky Duck software or content, including Ducky Duck in-game currency; sell, buy, share, exchange and/or otherwise transfer or offer for sale, purchase, share, exchange and/or otherwise transfer your Ducky Duck account, personal access to the Services or content associated with your account, including in-game currency and other in-game entitlements, whether directly in the Services, or on a third-party website or in connection with any out-of-game transaction, except where Ducky Duck expressly authorizes it;
• attempt to use the Services through other services that are not controlled or authorized by Ducky Duck, or otherwise intentionally hide your network connection, location or other metadata in order to access Services, make a purchase or otherwise access the Services (for example, if the Services or part of them are blocked in your country, don't try to access them in any way);
• if Services require You to create a "username" or "gaming persona" to represent yourself in a game and/or online, use your real name or username, or a persona used by another User, or which Ducky Duck considers vulgar, offensive, violating someone's rights and/or otherwise violating the Terms;
• engage in other activities that significantly violate an honest and respectful gaming environment in the Services;
• promote, encourage, facilitate and/or take part in any prohibited activity described above.

To enforce these rules, protect fair gameplay and secure the Services, we may use proportionate automated and manual integrity, anti-cheat, anti-fraud and moderation measures. Personal data processed through such measures is handled in accordance with the Privacy Policy and applicable law. Where applicable law requires notice, human review, a statement of reasons or an appeal mechanism for a particular restriction or decision, we will provide the required safeguard.

IF YOU VIOLATE ANY OF THESE RULES, WE MAY TAKE THE FOLLOWING MEASURES AGAINST YOU:

• send you a warning with a request to cease violations;
• freeze or otherwise restrict your Account, transactions, withdrawals or particular features;
• reverse, reset, remove, adjust or annul game progress, balances, Items, In-Game Currency, rewards, entitlements, rankings or other Account data affected by or reasonably connected with the violation;
• temporarily suspend or ban you, permanently ban or terminate your Account in serious, material, deliberate or repeated cases, and/or impose other restrictions or sanctions against you and/or your Account.

We also inform you that in-game chat may be moderated automatically (e.g., offensive expressions may be censored).

The type, scope, duration and combination of enforcement or corrective measures will be determined by the Company in its sole reasonable discretion, subject to applicable law and having regard to the nature, severity, intent, recurrence and impact of the conduct and any prior violations. As a general rule, we may first issue a warning and allow a User to stop or remedy a violation where that is reasonably appropriate. We may take immediate or more serious action without a prior warning in cases involving illegal conduct, fraud, bots or automation, hacking or security interference, credential theft or impersonation, prohibited account transfers, serious harassment or threats, material exploitation of bugs, glitches or other Exploits, dissemination or facilitation of material Exploits, sanctions evasion, material manipulation of gameplay or withdrawals, repeated violations, or another material security, legal or fair-play risk. Measures will be proportionate to the circumstances to the extent required by applicable law.

Certain Services may have special rules of conduct that supplement the rules described in the Terms.

If Ducky Duck decides to ban a User for breaching the Terms and/or the above rules, the license granted to Users under the Terms is terminated with respect to these Services or a part thereof, and the User loses access to all accrued privileges without any compensation, if that does not contradict applicable legislation.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS (EACH, A "COMPANY PARTY" AND COLLECTIVELY, THE "COMPANY PARTIES") ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES OR FOR LOSSES ARISING FROM YOUR INTERACTIONS WITH OTHER USERS OR YOUR USE OR INABILITY TO USE A DIGITAL ASSET OBTAINED, MINTED, HELD, USED OR WITHDRAWN IN CONNECTION WITH THE SERVICES, EXCEPT TO THE EXTENT APPLICABLE LAW MAKES A COMPANY PARTY LEGALLY RESPONSIBLE AND DOES NOT PERMIT THAT LIABILITY TO BE EXCLUDED OR LIMITED.

10. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to third-party websites ("Third-Party Websites") as well as various forms of content such as articles, photos, text, graphics, pictures, designs, music, sound, video, information, applications, advertisements, software, and other materials that originate from third parties ("Third-Party Content"). When you click on a link to a Third-Party Website or access Third-Party Content, we will not notify you that you are leaving the Services, and you will be subject to the terms and conditions (including privacy policies) of that third-party site. Such Third-Party Websites and Third-Party Content are not under the control of Ducky Duck, and we do not investigate, monitor, or check their accuracy, appropriateness, or completeness. We are not responsible for any Third-Party Websites accessed through our Services, nor are we responsible for any Third-Party Content available through or installed from our Services, including any advertisements, services, or products offered on these third-party sites.

The inclusion of links to, integrations with or permitted use of Third-Party Websites or Third-Party Content does not imply approval or endorsement by the Company. When you access a third-party service, that third party's terms and privacy notice govern your use of that third-party service. These Terms continue to govern your relationship with the Company and any provisions that by their nature survive or apply outside the Services, including the NFT License, intellectual-property provisions, limitations of liability and dispute provisions. Any purchase or external Digital Asset transaction made through a third party is solely between you and the relevant third party unless the Company is expressly identified as a party to that transaction.

You acknowledge and agree that we do not endorse products or services offered on Third-Party Websites, and you waive any claims against Ducky Duck or its affiliates arising from or related to any Third-Party Content or Third-Party Websites. If you are an advertiser, you represent and warrant that you have the rights and authority to place advertisements on our platform, including intellectual property rights, publicity rights, and contractual rights.

We make no representations or warranties about any Third-Party Content, including any associated with Digital Assets (including NFTs or other items). Ducky Duck does not operate or control third-party marketplaces or other external services through which a User may choose to sell, transfer, exchange or otherwise dispose of a Digital Asset after it has been withdrawn from the Services. You are solely responsible for verifying the accuracy, legitimacy, authenticity, legality and terms of any such external service or transaction. Ducky Duck cannot guarantee the availability, functionality, pricing, liquidity or continued operation of any third-party marketplace or external service, and the value of Digital Assets may fluctuate or become worthless. You are fully responsible for managing your own Digital Assets or items after withdrawal from the Services and for any associated content or external transactions.

10.1. App Stores and Platform Terms

The mobile application may be distributed through the Apple App Store, Google Play or another platform, including through developer accounts operated by the Mobile Publisher. Your use of the relevant Platform is also subject to its applicable terms, usage rules and app-licence terms. Depending on the applicable Platform arrangement, the Mobile Publisher may act as the app publisher, application provider, developer-account holder or distributor for store purposes, while the Platform or another entity may act as seller, payment processor or merchant of record for particular transactions. These Terms govern your relationship with DUCKY DUCK LTD in connection with the Ducky Duck Services and do not by themselves replace any separate app-store licence applicable to the mobile application. Nothing in this Section removes obligations or mandatory rights that applicable law or Platform terms place directly on the Company, the Mobile Publisher, the Platform or another legally responsible party.

10.2. Additional Terms for Applications Obtained through the Apple App Store

The Ducky Duck mobile application may be distributed through the Apple App Store by the Mobile Publisher under its Apple developer account pursuant to a licence from DUCKY DUCK LTD. These Terms govern your relationship with DUCKY DUCK LTD in connection with the Ducky Duck Services and are not an agreement with Apple Inc. ("Apple").

For purposes of App Store distribution, the Mobile Publisher may be treated as the application provider, developer or seller under the applicable Apple agreements. The licence to download, install and use the iOS application itself is additionally subject to Apple's Standard End User License Agreement or any other App Store licence terms that apply to the application. These Terms separately govern the Ducky Duck game service, Account, Content, Items, In-Game Currency, Digital Assets and other matters expressly addressed herein.

Maintenance, technical support and other operational functions for the mobile application may be performed by the Company, the Mobile Publisher or their authorized service providers according to their arrangements, applicable Platform terms and applicable law. Apple has no obligation to provide maintenance or support except to the extent stated in Apple's own terms or required by applicable law.

Where a warranty, product-liability, consumer-protection, privacy, regulatory or intellectual-property claim relates to the mobile application or the Services, responsibility may rest with the Company, the Mobile Publisher or another legally responsible party according to applicable law, the relevant App Store arrangement and the nature of the claim. Nothing in these Terms shifts to Apple any obligation that applicable law or Apple's own terms do not place on Apple, or limits any mandatory right or claim you may have against the Company, the Mobile Publisher, Apple or another responsible party.

You must comply with applicable Apple and other third-party terms when using the application. You represent that you are not located in a country or territory subject to an applicable U.S. Government embargo or designated by the U.S. Government as supporting terrorism, and that you are not listed on an applicable U.S. Government prohibited or restricted-party list.

Apple is not a party to these Terms between you and DUCKY DUCK LTD. Any rights or obligations of Apple or the Mobile Publisher under an applicable App Store licence, Apple developer agreement, distribution arrangement or mandatory law remain unaffected by these Terms.

Questions, complaints or claims concerning the Ducky Duck Services or the Apple-distributed mobile application may be directed to DUCKY DUCK LTD at its registered office specified in Section 1, by email to [email protected] for player or technical support, or by email to [email protected] for legal or privacy matters. The Company may coordinate or route a request to the Mobile Publisher where reasonably necessary; Users are not required by these Terms to use a separate Mobile Publisher email address.

10.3. Additional Terms for Applications Obtained through Google Play

The Ducky Duck mobile application may be distributed through Google Play by the Mobile Publisher under its Google Play developer account pursuant to a licence from DUCKY DUCK LTD. These Terms govern your relationship with DUCKY DUCK LTD in connection with the Ducky Duck Services and are not an agreement with Google LLC or its affiliates ("Google").

Your use of an Android application obtained through Google Play is also subject to the Google Play Terms of Service and other applicable Google terms. The Mobile Publisher may act as the developer-account holder, publisher or distributor for Google Play purposes. Google has no obligation to provide maintenance or support except to the extent stated in Google's own terms or required by applicable law.

Where Google Play or another entity acts as distributor, seller, payment processor or merchant of record for a transaction, billing, cancellation and refund procedures are governed by the applicable Google Play or other Platform rules. The Mobile Publisher may operate the relevant developer, payment or settlement accounts and may receive or administer transaction, entitlement, refund or chargeback information. Nothing in this paragraph limits any mandatory right or claim you may have against the Company, the Mobile Publisher, Google or another legally responsible party.

Questions, complaints or claims concerning the Ducky Duck Services or the Google Play-distributed mobile application may be directed to [email protected] for player or technical support or to [email protected] for legal or privacy matters. The Company may coordinate or route a request to the Mobile Publisher where reasonably necessary; Users are not required by these Terms to use a separate Mobile Publisher email address.

10.4. Additional Terms for the Telegram-Based Version

The Telegram-based version of the Services may be made available through the Telegram Bot Platform as a bot, Mini App or other functionality supported by Telegram. Your use of Telegram and the Telegram-based version is separately subject to the applicable Telegram Terms of Service, Terms of Service for Telegram Stars, terms applicable to bot and Mini App users, and other applicable Telegram user-facing terms, policies and platform rules, as amended from time to time. The Company's operation of the Telegram-based version is additionally subject to applicable Telegram developer and platform requirements, including the Telegram Bot Platform Developer Terms of Service. Telegram is an independent third-party platform provider and is not a party to these Terms between you and DUCKY DUCK LTD.

The Mobile Publisher has no role in publishing, distributing, operating, monetizing, marketing, advertising or promoting the Telegram-based version, and has no role in Telegram Stars transactions, Telegram-specific entitlements, refunds or platform administration, except to the extent expressly required by mandatory applicable law.

Availability and functionality of the Telegram-based version may depend on supported Telegram clients, Telegram platform functionality, geographic availability and applicable Telegram rules. The Company may limit, modify or discontinue a Telegram-specific feature where reasonably necessary to comply with applicable law or Telegram platform requirements, subject to any mandatory consumer rights and the provisions of these Terms concerning modifications of the Services.

NFT-related blockchain and wallet functionality in the Telegram-based version is subject to the TON and TON Connect limitations described in Section 2.1 and the applicable Telegram blockchain rules. Payment functionality in the Telegram-based version is subject to the Telegram Stars requirements described in Sections 7.2, 7.3 and 7.6, in addition to the other applicable provisions of these Terms.

11. ACCEPTABLE USE POLICY

You may not access or use the Services for any purpose other than that for which Ducky Duck makes the Services available.

You shall not (and shall not permit any third party to):

• Use the Services for any purpose that is prohibited by these Terms or is inconsistent with applicable law, rule, or regulation;
• Violate, or encourage the violation of, the legal rights of others (this may include allowing users to infringe or misappropriate the intellectual property rights of others);
• Access the Services through automated or other non-human means, whether through a bot, script, or otherwise, except subject to a separate written agreement with us;
• Frame or use framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout, or form) of Ducky Duck;
• Use any metatags or other "hidden text" using Ducky Duck's name or trademarks;
• Modify, translate, adapt, merge, create derivative works from, disassemble, decompile, reverse engineer, or reverse compile any part of the Services, except where the law expressly prohibits such restrictions;
• Remove or destroy any copyright notices or other proprietary markings in the Services;
• Engage in any activity or make available any content on or through the Services that is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another's privacy, obscene, offensive, or profane;
• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, database, or directory without our written permission;
• Use a purchasing agent to make purchases on the Services;
• Use the Services to create, sell, or buy Digital Assets or other items related to any initial coin offering (ICO), securities offering, or redeemable financial instruments;
• Circumvent, disable, or interfere with any security-related features of the Services;
• Misuse our support services or submit false reports of abuse or misconduct;
• Interfere with, disrupt, or burden the Services or connected networks;
• Sell or transfer your Account or attempt to do so;
• Use the Services as part of an effort to compete with us or engage in any revenue-generating endeavors not permitted by these Terms;
• Disparage or attempt to harm Ducky Duck or its Services;
• Use blockchain technology for any illegal activities, including but not limited to money laundering, terrorist financing, or attempting to degrade blockchain performance;
• Engage in any deceptive or manipulative trading practices, such as front-running, wash trading, or pump and dump schemes;
• Manipulate any metrics on the Services, such as view counts or likes, to alter search results or item rankings;
• Use or attempt to use another user's Account without authorization or pose as another person or entity.

Ducky Duck reserves the right to restrict or refuse Services in certain countries or regions. You are solely responsible for ensuring that your use of the Services complies with all applicable laws.

12. TERMINATION

These Terms remain in effect while you use the Services and until terminated as provided here. You may stop using the Services at any time. Uninstalling the mobile application or disabling a Telegram bot does not by itself delete an Account or server-side data. Where an Account exists, you may request account deletion through the mechanism provided in the Services or by contacting [email protected]. Account deletion and retention of personal data are handled in accordance with the Privacy Policy and applicable law. Provisions that by their nature are intended to survive termination, including the NFT License, intellectual-property provisions, accrued payment obligations, disclaimers, limitations of liability, release, indemnification and dispute provisions, survive to the extent applicable.

The Company may, in its sole reasonable discretion and subject to applicable law, restrict, suspend or terminate an Account or access to all or part of the Services where it determines that a User materially or repeatedly breached these Terms, used the Services illegally or fraudulently, used bots or cheats, materially, deliberately or repeatedly exploited bugs, glitches, vulnerabilities, unintended mechanics or other Exploits, including conduct that materially affects the in-game economy or facilitates exploitation by other Users as described in Sections 6.5 and 9, created a material security or fair-play risk, evaded an earlier restriction, engaged in fraudulent or abusive use of any refund, chargeback, withdrawal, payment-dispute or verification process as described in Sections 7.6 and 9, or must be restricted to comply with applicable law, a binding authority requirement or a platform requirement. The Company may act immediately where reasonably necessary to prevent fraud, abuse, security harm, legal exposure or continued material disruption. Where reasonably connected to the violation or necessary to correct its effects, the Company may also, in its sole reasonable discretion and subject to applicable law, reverse, reset, remove or adjust affected game progress, balances, Items, In-Game Currency, rewards, entitlements or other Account data.

We will use proportionate measures to the extent required by applicable law. Where reasonably possible and legally required, we will provide the main reason for a suspension or termination and any available review or appeal mechanism. We are not required to disclose information where doing so would compromise security, fraud prevention, another person's rights, a confidential investigation, law-enforcement activity or another legitimate interest protected by law.

Suspension or termination may result in loss of access to game progress, Items, entitlements or features associated with the Account. Any effect on paid content or mandatory consumer remedies remains subject to applicable law. A User whose Account has been suspended or terminated may not evade the restriction by creating or using another Account, acting through another person or using false or borrowed credentials.

The Company may discontinue all or part of the Services or a material feature for commercial, technical, security, legal, blockchain, infrastructure or platform reasons. Where a continuing paid digital service or feature is affected, we will provide the notice and refund, replacement or other remedy required by applicable law. After support ends, compatibility with future operating systems, re-download availability, blockchain integrations or continued online functionality cannot be guaranteed.

13. GOVERNING LAW, DISPUTES AND REGIONAL RIGHTS

13.1. Informal Resolution

If you have a complaint or dispute, you may contact [email protected] for player-support matters or [email protected] for legal notices and claims. The parties may attempt to resolve a dispute informally in good faith. For consumers, contacting the Company or participating in informal negotiations is voluntary unless a mandatory law expressly requires a pre-action procedure and does not restrict the consumer's right to contact a competent court, regulator, consumer-protection body or applicable alternative dispute-resolution mechanism. A legal notice should contain enough information to identify the User, describe the nature and basis of the dispute and state the relief sought.

13.2. Governing Law and Jurisdiction

These Terms and the relationship between you and the Company are governed by the laws of the Republic of Cyprus, without regard to conflict-of-laws rules. If you are a consumer, this choice does not deprive you of mandatory protection provided by the law of your country of habitual residence that would apply in the absence of this choice. A consumer may bring proceedings before any court having jurisdiction under mandatory applicable law, including courts in the consumer's country of residence where the law so provides, and the Company may bring proceedings against a consumer only before courts permitted by mandatory applicable law. If you use the Services exclusively for business or professional purposes and are not a consumer, the competent courts of the Republic of Cyprus have exclusive jurisdiction unless mandatory law provides otherwise.

13.3. Regional Consumer Rights

For consumers in the European Economic Area, nothing in these Terms excludes or limits mandatory rights under applicable EU or national consumer law, including rights relating to digital content and digital services, conformity, required updates, remedies, material modifications, unfair contract terms and competent courts. For consumers in the Russian Federation, mandatory Russian consumer protections and statutory jurisdiction rights remain unaffected, and no mandatory pre-trial complaint procedure is imposed unless mandatory law expressly requires one. Equivalent mandatory consumer protections in other jurisdictions remain unaffected.

13.4. Class Action Waiver for U.S. Users

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU RESIDE IN THE UNITED STATES, YOU AND THE COMPANY AGREE THAT ANY CLAIM OR DISPUTE BETWEEN YOU AND THE COMPANY WILL BE BROUGHT ONLY IN YOUR OR THE COMPANY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THIS PROVISION DOES NOT REQUIRE ARBITRATION AND DOES NOT PREVENT EITHER PARTY FROM BRINGING AN INDIVIDUAL CLAIM BEFORE A COURT OF COMPETENT JURISDICTION. THIS WAIVER DOES NOT APPLY TO ANY CLAIM, PROCEEDING OR REMEDY THAT CANNOT LAWFULLY BE WAIVED UNDER APPLICABLE FEDERAL OR STATE LAW, INCLUDING ANY NON-WAIVABLE RIGHT TO SEEK PUBLIC INJUNCTIVE RELIEF.

14. DISCLAIMERS

14.1. Disclaimer of Warranties.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY MANDATORY CONSUMER RIGHTS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, REPRESENTATIONS, TERMS AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, THAT MAY LAWFULLY BE DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY AND RELIABILITY. NOTHING IN THIS SECTION EXCLUDES ANY WARRANTY, CONFORMITY OBLIGATION OR REMEDY THAT APPLICABLE LAW DOES NOT PERMIT TO BE EXCLUDED.

14.2. Security Disclaimer.

WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, BUT WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, OR ANY LINKED OR ASSOCIATED CONTENT WITH DIGITAL ASSETS OR OTHER ITEMS, OR ANY DIGITAL ASSETS OR ITEMS YOU INTERACT WITH WHEN USING OUR SERVICE OR OUR SERVICE PROVIDERS' SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE.

14.3. Liability Disclaimer.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR LOSSES ARISING FROM THE INDEPENDENT OPERATION, FAILURE, COMPROMISE OR USE OF THE TON NETWORK, MANTLE NETWORK, METAMASK ELECTRONIC WALLET, KEEPER ELECTRONIC WALLET, ANY OTHER THIRD-PARTY WALLET, EXTERNAL MARKETPLACE, THIRD-PARTY SERVICE OR THIRD-PARTY BLOCKCHAIN, INCLUDING LOSSES, DAMAGES OR CLAIMS ARISING FROM USER ERROR, LOST OR COMPROMISED KEYS OR CREDENTIALS, INCORRECT TRANSACTIONS, SMART-CONTRACT BEHAVIOUR, NETWORK OR SERVER FAILURE, DATA LOSS, CORRUPTED WALLET FILES, PHISHING, MALWARE, BRUTE-FORCE ATTACKS OR OTHER UNAUTHORIZED THIRD-PARTY ACTIVITY, EXCEPT TO THE EXTENT THE LOSS IS CAUSED BY A MATTER FOR WHICH THE COMPANY IS LEGALLY RESPONSIBLE AND SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

14.4. Third-Party Conduct.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY PARTIES ARE NOT LIABLE FOR THE INDEPENDENT CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, PLATFORMS, WALLETS, MARKETPLACES, BLOCKCHAINS AND THIRD-PARTY SERVICE PROVIDERS, EXCEPT TO THE EXTENT A COMPANY PARTY IS LEGALLY RESPONSIBLE FOR A LOSS AND SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

14.5. User Responsibility.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE RESPONSIBLE FOR YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. THE COMPANY DOES NOT GUARANTEE THE IDENTITY, STATEMENTS, CONDUCT, RELIABILITY OR COMPATIBILITY OF OTHER USERS. NOTHING IN THIS PARAGRAPH EXCLUDES LIABILITY THAT APPLICABLE LAW REQUIRES THE COMPANY TO BEAR.

Services and Asset Vulnerabilities. We are not responsible for any losses or harms sustained by you due to vulnerability or any kind of failure, abnormal behavior of software (e.g., smart contract), blockchains, or any other features of or inherent to the Digital Assets or Items. We are not responsible for casualties due to developers' or representatives' delay or failure to report any issues with any blockchain supporting Digital Assets or Items, including without limitation forks, technical node issues, or any other issues that result in losses of any sort.

Ownership of Digital Assets. Ducky Duck does not provide functionality for Users to sell, purchase, exchange or otherwise transfer Digital Assets to one another within the Services and does not act as a broker, exchange, marketplace operator, seller, buyer or intermediary in transactions conducted by Users through external wallets, marketplaces or other third-party services after withdrawal of a Digital Asset from the Services. Further, we cannot guarantee continuous or secure access to the Services, and operation of the Services may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms, and conditions.

15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES OR LOSSES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, ANTICIPATED SAVINGS, DATA, GAME PROGRESS, ITEMS, DIGITAL ASSETS, ACCESS, USE OR OTHER INTANGIBLE LOSS, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PARTIES ARE ALSO NOT LIABLE FOR LOSSES CAUSED BY YOUR BREACH OF THESE TERMS, YOUR FAILURE TO SECURE AN ACCOUNT OR WALLET, INDEPENDENT THIRD PARTIES, BLOCKCHAINS, EXTERNAL MARKETPLACES, PLATFORM OR NETWORK OUTAGES, INCOMPATIBILITY, FORCE MAJEURE, UNAUTHORIZED THIRD-PARTY CONDUCT, OR EVENTS OUTSIDE THE COMPANY'S REASONABLE CONTROL.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF ALL COMPANY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY FOR THE PARTICULAR PART OF THE SERVICES, ITEM OR TRANSACTION GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US $100), UNLESS APPLICABLE MANDATORY LAW REQUIRES A HIGHER AMOUNT OR DOES NOT PERMIT SUCH A CAP.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY, A REMEDY OR A CONSUMER RIGHT TO THE EXTENT IT CANNOT LAWFULLY BE EXCLUDED OR LIMITED. THIS INCLUDES, WHERE APPLICABLE, LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, WILFUL MISCONDUCT, GROSS NEGLIGENCE, OR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE TO THE EXTENT APPLICABLE LAW MAKES SUCH LIABILITY NON-EXCLUDABLE, AS WELL AS NON-WAIVABLE STATUTORY RIGHTS CONCERNING DIGITAL CONTENT OR DIGITAL SERVICES.

SPECIAL RULE FOR EU/EEA CONSUMERS. IF YOU ARE A CONSUMER IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOREGOING EXCLUSIONS AND CAPS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY THE MANDATORY LAW APPLICABLE TO YOU. NOTHING IN THESE TERMS LIMITS YOUR NON-WAIVABLE STATUTORY RIGHTS OR REMEDIES, INCLUDING RIGHTS CONCERNING SUPPLY, CONFORMITY, REQUIRED UPDATES, REPAIR OR RESTORATION OF CONFORMITY, REPLACEMENT, PRICE REDUCTION, TERMINATION, REFUND OR DAMAGES WHERE SUCH RIGHTS APPLY. SUBJECT TO THOSE MANDATORY RIGHTS, THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR LOSSES THAT ARE NOT CAUSED BY A BREACH OF THESE TERMS OR FAILURE TO EXERCISE THE STANDARD OF CARE REQUIRED BY LAW, ARE NOT REASONABLY FORESEEABLE AT THE TIME THE CONTRACT IS CONCLUDED, RESULT FROM YOUR ACTS OR OMISSIONS, RESULT FROM INDEPENDENT THIRD PARTIES OR EXTERNAL BLOCKCHAIN/WALLET/MARKETPLACE SERVICES, OR RESULT FROM CIRCUMSTANCES OUTSIDE THE COMPANY'S REASONABLE CONTROL. IF YOU USE THE SERVICES AS A CONSUMER, THE COMPANY DOES NOT EXCLUDE LIABILITY THAT MANDATORY NATIONAL LAW REQUIRES THE COMPANY TO BEAR.

16. ASSUMPTION OF RISK

Ducky Duck SERVICE RELIES ON EMERGING TECHNOLOGIES, SUCH AS THE TON NETWORK. SOME SERVICES ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THE SERVICES, YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS.

This Section provides a non-exhaustive list of technical, operational, regulatory and external-market risks associated with optional blockchain-related features. Before using those features, you should consider whether you understand and are comfortable with those risks. The Services do not present Digital Assets as investments and do not promise profit or financial return.

• External Market Volatility: After withdrawal to an external wallet or marketplace, any external market price of a Digital Asset may be highly volatile, may change for reasons outside the Company's control and may become zero.
• Not Legal Tender: Digital Assets and Items are not considered legal tender. They are not backed by physical assets, nor guaranteed by any government or central authority.
• Regulatory Characterisation: Digital Assets may be classified differently under different laws, and their legal or regulatory treatment may change over time.
• Complex Nature: The nature of Digital Assets can be complex, and their terms and features may not be easily understood.
• No Guarantee of Stability: The Services or related features are not guaranteed to remain stable or orderly.
• No Investment Protection Promise: The Services do not offer Digital Assets as investments, and external transactions involving Digital Assets may not benefit from investor, deposit or similar compensation schemes.
• Fees and Commissions: Third-party blockchain networks, wallets, marketplaces or other services may impose, charge or deduct Gas Fees or other transaction fees in connection with minting, withdrawal, transfer, sale or other disposition of an NFT. Such fees are determined independently of the Company and may apply whether or not a blockchain transaction ultimately succeeds.
• Taxes: You are solely responsible for determining and paying any applicable taxes related to your Digital Assets.
• Third-Party Risks: External wallets, marketplaces, smart contracts and blockchain services may contain bugs, security vulnerabilities, counterfeit or misleading listings, or other risks outside the Company's control.
• Blockchain Transactions: Minting, withdrawal and other supported blockchain actions may be recorded on public blockchains. Once confirmed, blockchain records may be irreversible and cannot necessarily be altered or deleted by the Company.
• Regulatory Uncertainty: The legal and regulatory landscape surrounding blockchain technologies and digital assets is constantly evolving.
• Risks of Internet and Blockchain-Based Products: The use of Internet-based products carries risks like hardware failures, malicious software, or unauthorized access to your wallet.
• Security Concerns: Malicious actors may target you and attempt to steal your Digital Assets.
• No Guarantees of Smart Contracts: We do not control the public Blockchains or the smart contracts that may facilitate transactions.
• Developer and Platform Risks: We are not responsible for any delays or failures by developers or representatives to report issues with Blockchain technologies.
• Third-Party Platforms: The Services rely on third-party platforms and vendors. Any disruption in their services could impact your access to Ducky Duck.
• External Market Risks and Large Holders: After withdrawal, external market prices or liquidity may be influenced by independent market participants, including holders of substantial amounts of a Digital Asset.
• Inability to View or Access Items: We reserve the right to hide or restrict access to certain collections or Items.

By using Ducky Duck, you acknowledge and accept these risks and responsibilities. Proceed with caution, understanding the volatile nature of blockchain technologies and Digital Assets.

17. INVESTIGATIONS

If we become aware of a potential violation of these Terms, fraud, abuse, a security incident or unlawful activity, we may investigate the matter using proportionate automated and/or manual measures. Where we reasonably believe criminal or other unlawful activity may have occurred, we may refer the matter to and cooperate with competent authorities. Subject to applicable law and the Privacy Policy, we may preserve and disclose information reasonably necessary to:

• Comply with applicable laws, legal processes, or governmental requests;
• Enforce these Terms of Use;
• Respond to claims that your User Content violates the rights of third parties;
• Address any customer service requests from you; or
• Protect the rights, property, or personal safety of Ducky Duck, its users, the public, or any law enforcement or governmental officials.

To protect the Services, enforce these Terms, prevent fraud and abuse, provide support and comply with law, we may monitor, review and investigate activity within the Services to the extent reasonably necessary and proportionate for those purposes. Any processing of personal data in connection with such activities will be carried out in accordance with our Privacy Policy and applicable law. Nothing in these Terms constitutes irrevocable consent to personal-data processing, waives a privacy right granted by applicable law, or authorizes monitoring beyond what is lawful and reasonably necessary for the stated purposes.

18. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Company and the Company Parties from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys' fees and expenses) and costs (including, without limitation, court costs, settlement costs, and costs associated with pursuing indemnification and insurance), of every kind and nature whatsoever, arising out of or related to these Terms of Use or your use of the Services, whether known or unknown, foreseen or unforeseen, in law or equity, whether in tort, contract, or otherwise (collectively, "Claims"). This includes, but is not limited to, claims involving property damage or personal injury arising from:

(a) Your use or misuse of the Services, User Content, or any Digital Assets or Items; (b) Any Submissions you provide; (c) Your violation of these Terms of Use; and (d) Your violation of the rights of any third party, including another user.

You agree to promptly notify the Company of any third-party Claims and cooperate reasonably with the Company in defending such Claims. To the extent permitted by applicable law, the Company retains control over the defense or settlement of a third-party Claim for which indemnification is sought, provided that the Company will not enter into a settlement that imposes a non-monetary obligation on you without your consent where applicable law requires such consent.

THIS INDEMNIFICATION IS IN ADDITION TO, AND NOT A SUBSTITUTE FOR, ANY OTHER INDEMNITY EXPRESSLY SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY.

If you are a consumer, this indemnification applies only to the extent such an obligation may lawfully be imposed on you and does not require you to indemnify a Company Party for a matter to the extent caused by that Company Party's own conduct where applicable law prohibits such indemnification.

19. RELEASE

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE, WAIVE AND FOREVER DISCHARGE THE COMPANY PARTIES FROM ALL PAST, PRESENT AND FUTURE CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF OR RELATING TO: (A) THE CONDUCT OR CONTENT OF OTHER USERS; (B) THIRD-PARTY WEBSITES, PLATFORMS, WALLETS, MARKETPLACES, BLOCKCHAINS OR SMART CONTRACTS NOT CONTROLLED BY THE COMPANY; (C) YOUR OWN ACTS, OMISSIONS, BREACH OF THESE TERMS OR FAILURE TO PROTECT CREDENTIALS OR KEYS; (D) EXTERNAL TRANSACTIONS OR DISPOSITION OF DIGITAL ASSETS AFTER WITHDRAWAL; (E) INTERRUPTIONS, COMPATIBILITY ISSUES, NETWORK OR PLATFORM FAILURES, FORCE MAJEURE OR OTHER EVENTS OUTSIDE THE COMPANY'S REASONABLE CONTROL; AND (F) RISKS THAT YOU EXPRESSLY ASSUME UNDER SECTION 16, IN EACH CASE EXCEPT TO THE EXTENT A CLAIM OR LIABILITY CANNOT LAWFULLY BE RELEASED OR WAIVED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ALSO WAIVE THE BENEFIT OF ANY LAW OR RULE THAT WOULD OTHERWISE LIMIT A GENERAL RELEASE SOLELY BECAUSE A CLAIM WAS UNKNOWN OR UNSUSPECTED WHEN THE RELEASE WAS AGREED, PROVIDED THAT THIS WAIVER DOES NOT APPLY WHERE SUCH A WAIVER IS PROHIBITED OR UNENFORCEABLE UNDER MANDATORY LAW.

NOTHING IN THIS SECTION RELEASES OR WAIVES A CLAIM, REMEDY, LIABILITY OR CONSUMER RIGHT THAT APPLICABLE LAW DOES NOT PERMIT TO BE RELEASED OR WAIVED, INCLUDING NON-WAIVABLE RIGHTS RELATING TO FRAUD, WILFUL MISCONDUCT, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY WHERE APPLICABLE LAW MAKES SUCH LIABILITY NON-EXCLUDABLE, OR MANDATORY STATUTORY RIGHTS CONCERNING DIGITAL CONTENT OR DIGITAL SERVICES.

SPECIAL RULE FOR EU/EEA CONSUMERS. IF YOU ARE A CONSUMER IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THIS RELEASE APPLIES ONLY TO THE MAXIMUM EXTENT PERMITTED BY THE MANDATORY LAW APPLICABLE TO YOU AND DOES NOT WAIVE OR REDUCE ANY NON-WAIVABLE STATUTORY RIGHT OR REMEDY. SUBJECT TO THOSE MANDATORY RIGHTS, YOU RELEASE THE COMPANY PARTIES TO THE FULLEST LAWFUL EXTENT FROM CLAIMS BASED ON THE ACTS OR OMISSIONS OF INDEPENDENT THIRD PARTIES, EXTERNAL BLOCKCHAIN/WALLET/MARKETPLACE SERVICES, YOUR OWN BREACH OR MISUSE, AND CIRCUMSTANCES OUTSIDE THE COMPANY'S REASONABLE CONTROL, EXCEPT TO THE EXTENT THE COMPANY IS LEGALLY RESPONSIBLE UNDER MANDATORY LAW.

20. MISCELLANEOUS

These Terms, together with the Privacy Policy, Digital Asset Terms, platform-specific terms and any other policies or operating rules expressly incorporated into these Terms, constitute the entire agreement between you and the Company concerning their subject matter and supersede prior agreements concerning the same subject matter as described in Section 1. Our failure to exercise or enforce a right or provision is not a waiver of that right or provision.

You may not assign or transfer these Terms, or your rights or obligations under them, without our prior written consent, except where mandatory law provides otherwise. The Company may assign or transfer these Terms in connection with an affiliate reorganisation, merger, financing, corporate restructuring or transfer of the relevant business, provided that mandatory consumer rights are not materially reduced. The Company is not responsible for delay or failure caused by circumstances outside its reasonable control, including natural disasters, war, terrorism, civil disorder, governmental action, sanctions, embargoes, failures of critical infrastructure, blockchains, platforms, networks or telecommunications, subject to any mandatory consumer remedies that cannot lawfully be excluded.

If any provision or part of these Terms of Use is deemed unlawful, void, or unenforceable, that specific provision will be construed to reflect, as closely as possible, the original intention of the parties, and the remaining provisions will continue in full force and effect.

No joint venture, partnership, employment, or agency relationship is created between you and Ducky Duck as a result of these Terms of Use or through your use of the Services. You agree that these Terms will not be interpreted against us merely because we drafted them.

Communications between you and Ducky Duck may be carried out through electronic means, including through the Services, Telegram and email. For contractual purposes, you (a) consent to receive communications from Ducky Duck in an electronic format; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications would satisfy if provided in writing. General customer-support, account and technical inquiries may be sent to [email protected], while legal notices, legal claims and questions concerning these Terms may be sent to [email protected].

Except where another provision expressly states otherwise, these Terms do not create third-party beneficiary rights. Formal legal communications and notices to the Company should be sent to [email protected] unless these Terms specify another channel. General customer-support, account and technical inquiries may be sent to [email protected]. These Terms and formal notices are in English. If we provide a translation, the English version controls interpretation except where mandatory law gives priority to another language version or permits a consumer to rely on a more favourable local version.

Company details and contact: DUCKY DUCK LTD, a private company limited by shares incorporated in the Republic of Cyprus under the Companies Law, Cap. 113; registration no. HE 496948; registered office: Anastasiou Sioukri, 1, THEMIS COURT, 4th floor, Flat/Office 402, 3105 Limassol, Cyprus. Legal department: [email protected]. Player support: [email protected]. Use of the Services is permitted only in accordance with these Terms and applicable law.