Terms of Service

v.2.1

1. Scope

These Terms of Service expressly incorporated herein (“Terms”) apply to any access to, or use of, Pocket Arena Services made available by Emoji Games GmbH (the detailed address will be shown by the end of the Terms of Service under the name “Pocket Arena” ( the “PA” ), the casual eSports platform and the PA marketplace among end users to trade their unique in-game items ( the “Assets”) within PA platform for app-less games and using the software of Pocket Arena relating to the Site, and to any other related services provided by any 3rd party service providers (collectively, the “Services”).

We (or called the “Company” or “EG”) reserve the right to change these Terms at any time. Any such changes with respect to your use of PA Services will take effect immediately when posted on our website or on our mobile application. Your continued use of PA Services following any such change will signify your acceptance to be bound by the then current Terms. Please check the effective date above to determine if there have been any changes since you have last reviewed these Terms. If you do not agree to these Terms or any modifications to this Agreement, you should not use PA Services. You acknowledge that you have read, understood, and agreed to these Terms as well as the accompanying privacy policy written in the later part of this agreement. The privacy policy is construed as a part of the Terms.

2. Eligibility

You are allowed to use the PA Services if you are eligible in accordance with the law of your residence. The Company has no obligation or capability to verify whether you are eligible to use the PA Services and bears no responsibility for your use of the PA Services. The Company reserves a right to block your PA Account on the PA platform if we have any doubts with regard to your eligibility. PA Services are for the use only of the registered account holder. You agree that the information you provide to the Company during account creation and any subsequent identity verification processes is accurate and complete, and will be updated as necessary to keep it so. If you are under 18 years of age, you are not authorized to use PA Services.

It is at the sole discretion of the Company whether it will approve the opening of accounts. Additionally, the Company reserves the right to suspend accounts temporarily or permanently, including where required or recommended by applicable governmental, regulatory, or law enforcement requirements.

3. PA Services in general

You may create your PA Account under these Terms and conditions and receive the following services ( called "Platform”, “Platform Services" or "PA Services" or “PA games” or “PA Dapps” ):

a) PA games that you can simply play single mode and(or) multiplayer mode (tournaments) on your mobile phone or on your PC. By playing PA games, you may be able to get rewards of XP (Experience Points) which can be exchanged for POC (once implemented). POC is an ERC20/BEP20 based utility token for Pocket Arena dApps running on blockchain technology . You can participate in online tournaments of some PA games and play against other user(s) which are subject to the entry fee. b) Electronic wallet ( the “Pocket Arena Wallet” or “PA Wallet”) that allows you to store, track, transfer and manage Digital Assets including but not limited to your Pocket Arena Token ( in short, POC).collectively called "Tokens ") based on blockchain technology, the Tokens that you can claim by redeeming XP (experience points) which you can earn by winning the PA tournaments or by playing the PA Dapps. or other activities as the PA Services provide from time to time as notified to users. You acknowledge and agree that the XPs that you have collected may expire if you do not claim for POC within 365 days of the date of receipt. The expired XPs cannot be regenerated or restored. c) Decentralized in-game item exchange ( called “NFT Marketplace” ) that allows you buying or selling Assets via Tokens among other users and also allows another cryptocurrency or exchanging them to other Tokens.(once implemented)

3.1 PA Services - Castle Defense/ Castle Market

a) Your Account All charges incurred on in-game items (the “Asset”) of Castle Defense (e.g. Castle), and all purchases made via your credit card or via Tokens, are final and one-off (not a subscription). b) Billing & Payment Authorization When you provide payment information to EG, you represent to EG that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize EG to charge your credit card or to process your payment with the chosen third-party payment processor for your in-game items. c) Responsibility for your Account When you complete PA’s registration process, you create a PA account ("Account"). You may not reveal, share or otherwise allow others to use your password or Account except as otherwise specifically authorized by EG. You are responsible for the confidentiality of your login and password and for the security of your mobile phone and computer system. EG is not responsible for the use of your password and Account or for all of the communication and activity on PA that results from use of your login name and password by you, or by any person to whom you may have intentionally or by negligence disclosed your login and/or password in violation of this confidentiality provision. Unless it results from EG’s negligence or fault, EG is not responsible for the use of your Account by a person who fraudulently used your login and password without your permission. If you believe that the confidentiality of your login and/or password may have been compromised, you must notify EG at [e-mail] without any delay. d) Refund Basically, you cannot cancel your order for in-game items if the delivery has started upon your request and acknowledgement that you thereby lose your cancellation right. Nevertheless, we may offer a refund for your in-game item purchases within 14 days of purchase,

so long as the in-game item has not been played, used, modified or transferred.

You can send your refund request by sending an email to [e-mail]. If you have purchased or sold your Assets (e.g. Castle) to another PA user, EG is not responsible for this peer to peer transactions and we can not provide any refund in that case if the No Refund warning was already informed to the buyer/seller before the transaction. e) Trading and sales of Assets between users EG may include one or more features or sites that allow PA users to trade, sell or purchase certain types of Assets (for example, Castles) with, to or from other users ("NFT Marketplaces"). An example of a NFT Marketplace is the Castle Market. By using or participating in the NFT Marketplace, you will transfer the ownership of those Assets from your Account to another buyer's account in order to give effect to any trade or sale you make. Please acknowledge that your Assets will be converted to NFT (Non-Fungible Token, for example ERC 721 token) only upon the Assets are withdrawn to another external wallet. Fees may apply upon the withdrawal and the fee info will be notified to you. f) Contract with your peer partner (either Sponsor or eSports player) You need to choose your role in order to play Castle Defense and you will need to make a contract with your partner (either Sponsor or eSports player). If you are a sponsor, You may purchase the Assets ( e.g. Castle) from the Company or from other users in order to participate in this game as a sponsor. You may choose one or several eSports players as your partner(s) who could earn XP and add values to your Assets and agree to the Contract with the eSports player. If you have made any profit from your Castle trade, you acknowledge and agree that the net profit from the trade will be shared with your eSports player in accordance with the Contract agreed with your eSports player who contributed the XPs of your Asset. g) Fee EG may charge a fee for trades or sales in the PA Marketplace (the “NFT Marketplace” or called “Castle Market” ). fees may apply when you make a profit via sales of your Assets in the NFT Marketplace and also when you withdraw your Assets or Tokens from a PA Wallet into another external wallet. The details of fee structure will be notified at https://pa-support.pocketarena.com/english-support/fees and the details may be updated from time to time. Therefore, it is your responsibility to check the updates whenever it is possible. h) Tax If you complete a trade, sale or purchase in the NFT Marketplace, you acknowledge and agree that you are responsible for taxes, if any, which may be due with respect to your transactions, including sales or use taxes, and for compliance with applicable tax laws. Proceeds from sales you make in a NFT Marketplace may be considered income to you for income tax purposes. You should consult with a tax specialist to determine your tax liability in connection with your activities in this Marketplace. i) Change of operations or terms of Castle Defense/Castle Market You understand and acknowledge that EG may have its right to add or remove any features of this Castle Defense/Castle Market. EG may also decide to cease operation of the Castle Defense/Castle Market, change the fees that it charges or change the terms or features of the game and the Marketplace. Company shall have no liability to you because of any inability to trade Assets in the PA Marketplace, including because of discontinuation or changes in the terms, features or eligibility requirements of Castle Defense and Castle Marketplace.

3.2. The Company grants you a limited non-exclusive, non-transferable and revocable license to use the PA Services via your PA Account.

4. PA Account

4.1. To start using PA Account and the Wallet you shall register at the Platform by providing your email address and your name and accepting these Terms which include the Privacy Policy and receiving all legal notices including risk statements and disclaimers. 4.2 You shall ensure safety and confidentiality of your password and bear all risks related to the disclosure of your password to third parties. The Company or any affiliated person is not in possession of your password and at no event shall bear any liability in case of loss of the password or its disclosure to a third party. 4.3 We hope that you will continue using our PA Services, but if you do not agree to our updated Terms and no longer want to be using Pocket Arena Services, you can delete your account at any time by sending an email to [e-mail]. However, please note and acknowledge that your Tokens or Assets stored on the Wallet will be deleted permanently. Once your confirmation of deleting your account, you agree that you will forfeit your right for any Tokens and Assets stored at your Wallet upon deleting your account. We can not restore your account again once you have confirmed to delete your account. 4.4. PA reserves the right to suspend any account at our own discretion that is not active (no activities and no actions) for 30 days after registration at the PA account. Upon suspension, We shall reclaim the welcome POC in case that has been granted for free in the account of the inactive user. 4.5 The verified users of PA Wallet may be able to use the PA Services provided by Pocket Arena by accepting the Terms. 4.6. Identity Verification We may, in its discretion, require identity verification and other screening procedures with respect to you or transactions associated with your Account. We will have no liability or responsibility for any permanent or temporary inability to access or use any Services of Pocket Arena, including your inability to deposit or to withdraw Tokens, as a result of any identity verification or other screening procedures. 4.7. Restrictions of Accounts We may, in its sole discretion, limit the number of PA Accounts that you may hold, maintain, or acquire, consistent with our AML/KYC policy. 4.8. Account Limitations and Closing Your Account 4.8.1 If we determine that you are incurring an excessive amount of chargebacks, disputes, complaints or other irregularities by using the PA Services, we may establish controls or conditions governing your account, including without limitation, by terminating or suspending the Services. Without limiting the foregoing, we may suspend the Service and block access to your account (including without limitation the funds in your account) if: • you have violated the terms of this Terms of Agreement including Pocket Arena's Do/Don't policy specified here,
 • we determine that you pose an unacceptable credit or fraud risk or other liability risk to us,
 • you provide or have provided false, incomplete, inaccurate, or misleading information (including without limitation any registration information) or otherwise engage in fraudulent or illegal conduct,
 • we have security concerns regarding your account, including your credentials, or
 • we suspect unauthorized or fraudulent use of your account or any sensitive information in your account.
 In such cases we will inform you of the suspension of your account and the reasons for it, where possible, before the suspension and at the latest immediately thereafter, unless we determine giving such information would compromise security concerns or is prohibited by applicable law. We will reactivate your account or credentials, or replace it or them, as applicable, once we have resolved the reasons for suspension. 4.8.2 We may close your account at our convenience by providing you with two months’ prior notice. We may also close your account at any time without prior notice where:

• you are in breach of the terms of this Agreement (including Pocket Arena's Do/Don't policy specified here);


• we suspect that you have used bot, macro or multi-tap playing in using PA services ;
 • you do not access your account for three years ;
 • we suspect that your account has been accessed fraudulently;
 • we have reason to believe that we may incur any liability through the continuation of our relationship with you;
 • should your transactions appear to be contrary to public order or morality; or
 • should you fail to meet your obligation to act in good faith.
 4.8.3 When your account is closed: • we may cancel any pending transactions;
 • we may suspend, limit or terminate your access to or use of our Services, websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or some or all of the Services;
 • you will remain liable for all outstanding obligations under this Agreement related to your account prior to closure;
 • we may keep your account information in our database for the purpose of fulfilling our legal obligations and other permitted reasons; and
 • we may retain your balance of funds after closure to the extent and for the time we reasonably require to protect PA Services and/or any third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liabilities of whatever nature. After this time you will be able to withdraw any undisputed funds that we are holding.

5. Wallet

You may store Pocket Arena Tokens ("POC") or Assets or other cryptocurrencies (if implemented) in the Wallet that Pocket Arena provides , which is the DLT based eWallet provided as a part of Platform Services. You can send, receive and transfer Tokens in the Wallet. PA Wallet is a eWallet running on Hyperledger Fabric, created and provided for the users of Pocket Arena to withdraw and deposit their Tokens and Assets with high safety measures. You are aware that PA Wallet is made to be integrated with various content services and dapps ( “Associated Services” ) by making partnerships. The verified users of Wallet may be able to use its Associated Services such as Pocket Arena within the app or software by accepting the Terms for Pocket Arena. You acknowledge and agree that your Wallet account will be integrated with Pocket Arena service so that you may be able to access and sign in Pocket Arena.

6. Risk warning

By accepting these Terms and Conditions, you also acknowledge that you have been warned of the following risks:

6.1. New Technology. You understand that POC is a gaming utility token and cryptocurrency based on Ethereum network. This Pocket Arena Token POC and the Wallet are new and these can be outside of your or the Company’s control and adverse changes in market forces or the technology, broadly construed, will excuse the non performance by the Company under this Agreement including temporary interruption or permanent termination of your access to the PA Services.

6.2. Loss of funds. Related to PA games - When participating in PA eSports or tournaments, you must pay the entry fee in tokens. By participating in the tournaments, you acknowledge and agree that you are subject to the entry fee and you may lose the entry fee if you lose the tournaments. Once you have entered and completed the tournaments, the entry fee will be consumed and no refunds will be made for the entry fee. On the contrary, you can also win the tournaments and receive the rewards in tokens less the administration fee we charge. This administration fee will be deducted from the winning rewards so that we can continue to maintain and update these Services with a high standard of quality. Related to your Wallet - The risk of loss in your Wallet can be substantial. Therefore, you should carefully consider whether trading or holding Tokens is suitable for you in light of your financial condition. The Company is not responsible for such loss of value of Tokens and bears no responsibility for any loss incurred by you while using the Platform or in any direct or indirect connection to the Platform.

6.3. Unfavorable regulatory environment. Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. The functioning of the PA Platform could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions of use of cryptocurrencies.

6.4. Risk of theft and hacking. Hackers or other groups or organizations may attempt to interfere with your PA Account (or falk.app) or the Platform performance in any number of ways, including without limitation denial of service attacks, Sybil attacks, spoofing, smurfing, malware attacks, or consensus-based attacks.

6.5. Risk of security weaknesses of the Platform. There is a risk that the Platform may unintentionally include weaknesses or bugs in the source code interfering with the use of or causing the loss of Tokens.

6.6. Internet transmission risks. You acknowledge that there are risks associated with using the Platform including, but not limited to, the failure of hardware, software, and internet connections. You acknowledge that the Company shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Platform, whatsoever caused.

6.7 No cancellations and No refunds You may not revoke certain transactions once they have been received and executed in the PA Services. All Platform based transactions are final and non-reversible. We do not accept any returns or provide refunds in connection with any such transactions.

7. Your warranties and representations

7.1. By entering these Terms and conditions you warrant and represent that: a) You are have full capacity to contract under applicable law; b) You will only be transacting on the Platform with legally-obtained funds that belong to you; c) You will not be furthering, performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your relationship with us or through your use of the Platform; d) You will not use the Platform for illegal purposes, including money laundering of criminal proceeds, transfer or receipt of payment for planning, preparation or commitment of crime, for financing the terrorism and illegal trade; e) You will not use the Platform for any purpose prohibited by these Terms or in any manner that could damage, disable, overburden, or impair the Company; f) You will be complying with and obeying all applicable laws, including but not limited to securities and capital market legislation, anti-money laundering and counterfeiting terrorism, consumer protection laws, financial promotion.

8. No Warranties; Exclusion of Liability; Indemnification

8.1. The PA Platform and its components such as the Wallet, The Platform and its components are under development, the Company cannot guarantee that all program functions will be available for any period in the future or that the functionality of the Platform will not change dramatically. The Company and its affiliates make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the Platform, including any warranty that the Platform will be uninterrupted, error free or free of harmful components, secure or not otherwise lost or damaged. Except to the extent prohibited by law, the Company and its affiliates disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealings, usage or trade. 8.2. The Company shall not have any liability or responsibility for any errors or omissions in performance of the Platform, for your action or inaction in connection with our Platform or for any damage to your computer or data or funds or any other damage you may incur in connection with the Platform. Your use of the Platform is at your own risk. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Platform, the delay or inability to use the Platform or otherwise arising in connection with our Platform whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. 8.3. You agree to defend, indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Platform. 8.4. The Company makes no representation that Platform Services can be received are applicable or appropriate for use in all jurisdictions.

9. Third-Party Service

The Platform may contain links to websites owned or operated by parties other than the Company. In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement or promotion of such third party products or services by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service. You may agree to receive push notifications from Third Party Service providers. In order to receive push notifications, you must opt in to the service. Push notifications will not be automatically enabled on your device for Third Party Content. We do not control, endorse, or adopt any Third Party Service shared through push notifications, and will have no responsibility for Third Party Content including, but not limited to, Tokens availability and/or sales. If, to the extent permitted by falk.app, you grant express permission to a third party to access or connect to your Falk.app account, either through the third party’s product or service or through falk.app, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your falk.app account. ‍

10. Fees

Basically Pocket Arena is free of charge for creating your account and for playing PA games. However, some fees may apply in certain elements of Pocket Arena Services. The fees will be notified to you before incurring it by you. The structures of each fees are explained under "Fees" section of this Support Page. The details may be updated from time to time. Therefore, it is your responsibility to check the updates whenever it is possible.

Withdrawals - In order to maintain our Services in a high standard and to keep on improving, we must charge a small amount to cover this fee. You can view the fee upon withdrawing your Assets or Tokens to any external wallet. Please note that the fees and certain conditions will apply upon withdrawal.

Other fees from Any third party service(s) or its Associated Services - You will be solely responsible for: (a) paying all fees charged by any third party services related or integrated with Pocket Arena. For example, when you purchase Tokens with your credit cards, we work with a 3rd party crypto provider as our Authorised 3rd party provider. You can purchase the Tokens according to the Terms and Conditions provided by the 3rd party provider and fees may apply to this purchase. You acknowledge and agree that Falk.app has no control over this purchase and is not liable at all.

Pocket Arena may charge an entry fee if you participate in a social eSport tournament and some administration fee may apply if you win the tournaments and receive winners rewards. These fees are non-refundable and non-reversible.

11. Taxes

The Company bears no liability for determining whether taxes apply to any of your transactions, or for collecting, reporting, or remitting any taxes arising from any transaction.

12. Assignment

You may not transfer or assign these Terms and Conditions or any rights or obligations you have under these Terms and Conditions without our prior written consent. The Company reserves the right to freely assign or transfer these Terms and Conditions and the rights and obligations under these Terms and Conditions to any third party at any time without prior notice or consent. If you object to such transfer or assignment, you may stop using the Platform and terminate these Terms and Conditions by contacting us.

13. Jurisdiction, applicable law

13.1. The Terms and conditions and any legal relationship between the Parties arising out of or in connection with them shall be governed by and construed in accordance with the laws of Switzerland without regard to its conflict of laws rules. The Parties settle all their disputes arising out of or in connection with the Terms and conditions in accordance with the laws of Switzerland.

13.2. The Parties agree to try in good faith to settle through negotiations any dispute, disagreement or claim arising out of or in connection with execution, termination or rescission of these terms and conditions. The claiming party shall send a message with its claim to the other party. The message in question shall contain the essentials of the claim and evidence supporting such claim.

13.3 In the absence of a reply to the claim within 30 working days since the sending date, or if the Parties have failed to reach an amicable settlement, the dispute shall be brought and heard exclusively in appropriate court at the location of the Company determination.

14. Miscellaneous

14.1. The Parties agree to use electronic signatures while delivering all necessary documents or claims. The Parties confirm that documents and claims signed by electronic signature have the legal effect and are to be accepted and considered by the Parties. The Parties confirm that all emails sent from the authorized email addresses are deemed to be sent and signed by the Parties.

14.2. Notices sent by email in accordance with these Terms and conditions shall be deemed to be sent on the date on which the e-mail is confirmed as being sent provided that day is a working day.

14.3. Your authorized email is the email that you entered during the registration at the Platform. The authorized email of the Company is available on the Platform.

14.4. All communications and documents to be made or given pursuant to this Agreement must be in the English language.

14.5. Until one Party advises the other one of the fact of the breach of security in respect of its authorized email, all actions and documents done and sent from the authorized email of one of the Parties, even if these actions and documents have been done and sent by third parties, are considered to be done and sent by the owner of the authorized email. In that case the owner of the authorized email acquires all rights and incurs all obligations, as well as bears the liability arising out of these facts.

14.6. These terms and conditions constitute the entire agreement and understanding of the Parties and supersedes any previous agreement between the Parties relating to the subject matter of these terms and conditions.

14.7. If at any time any one or more of the provisions of these terms and conditions is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction neither the legality, validity or enforceability of the remaining provisions of these terms and conditions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall be in any way affected or impaired as a result.

14.8. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. If you have any questions about PA Services or about this Terms and Conditions, please contact us in writing at Emoji Games GmbH ATTN: Pocket Arena Service, Ruessenstrasse 12, 6340 Baar, Switzerland or email to [e-mail]