Welcome to Reckless Company and Via Consulting SLU.

1 Conditions
We create mobile applications (“apps”) and real-world mobile augmented reality experiences and games, and operate a real-world augmented reality platform ("Platform").
Please read these Terms of Service and any applicable App guidelines (the "Guidelines" and collectively, the "Terms"), because the Terms govern your use of the Apps and the Platform. The Terms also govern your interaction with any of the websites we operate or own ("Sites"), the purchase of merchandise from Reckless Company, participation in live events or promotions of Reckless Company ("Events"), and generally your use of Reckless Company products or services (together with the Apps and Platform, the "Services").

Certain exceptions to the Terms may apply depending on the country in which you reside; please refer to the country specific sections included at the end of the Terms.

These Conditions are concluded between you and Reckless Company a company registered and qualified for business activity under the laws of Andorra. Reckless Company is collectively referred to as "Reckless Company" or "we" in these Conditions.

By using the Services, you agree to these Terms and Conditions. If you do not accept these Terms, you may not use the Services. Reckless Company reserves the right to modify these Terms at any time, and in such case, we will notify you by posting the modified Terms on the Site or the App. It is important that you review the amended Terms before continuing to use the Services. If you continue to use the Services, you will be bound by the modified Terms. If you do not agree to be bound by the modified Terms, you may not use the Services.

A BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION LAWSUITS AFFECTING YOUR RIGHTS ARE SET FORTH IN CLAUSE 13 "DISPUTE RESOLUTION. If you are a user who is a resident of the European Economic Area ("EEA") or any other country that does not allow such an arbitration agreement, then Section 13 will not apply to you.

In the event that you breach these Terms, we may proceed against you, using our rights, including termination of your account. You acknowledge that Reckless Company has no obligation to and will not reimburse you for any Services lost due to the suspension or involuntary termination of your account.

2 Privacy

Our Services are designed to allow you to interact in shared game worlds combined with real world information. To provide you with the Services, we need information about you, and we will only use your information when we have a legal basis to do so. Please review our Privacy Policy to help you understand what information we collect, how we use it and what choices you have when using our Services.

3 Use of the Services

3.1 Traps

Reckless Company prohibits cheating and we are constantly implementing measures to improve our anti-cheating measures. Cheating is defined as any act that attempts to alter or in fact alters or interferes with the normal behavior or rules of a Service. This includes, but is not limited to, any of the following behavior, either on your own behalf or on behalf of others:

* Accessing the Services in an unauthorized manner (including using modified software or unofficial third-party software);

* Playing with multiple accounts on a single Service;

* Sharing accounts;

* Using any technique to alter or falsify the location of a device (for example, by GPS redirection); and/or

* The sale or exchange of accounts.

Apps may not work on devices that Reckless Company detects or reasonably suspects of cheating and Reckless Company will not provide technical support to players who try to cheat. You agree that Reckless Company may employ any legitimate mechanism to detect and respond to cheating, fraud and other behavior prohibited under these Terms, including testing your device for abuse or piracy mechanisms and/or unauthorized software. Please refer to the Guidelines and our Privacy Policy for more information.

3.2 Safe and appropriate use

While using our Services, be aware of your environment and play and communicate safely. You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any law, rule, regulation, Event policy, or the instructions as set forth in these Terms and you may not encourage or enable any other person to do so.

In addition, you agree that, in conjunction with your use of the Services, you will not make available or make available to others any unlawful, inappropriate, or commercial (as defined below) Content. You agree that you will not post any inaccurate, misleading, or inappropriate Content, including providing any data or editing or requesting its removal.

Reckless Company does not intend its Apps to be considered medical or health care devices, nor does it offer medical or health care advice.

3.3 Your interaction with others

You agree that, in connection with your use of the Services, you will maintain safe and appropriate contact with other players and other persons in the real world. You will refrain from harassing, threatening or otherwise infringing the rights of others. You will not trespass, or in any way enter or attempt to enter, any place or premises in which you have no right to be, or engage in any activity which may result in death, personal injury, property damage, inconvenience or liability of any kind. If you have any dispute with any third party regarding the use of the Services, you release Reckless Company (and our directors, officers, agents, affiliates, joint ventures and employees) from any and all claims, demands and damages (direct or indirect) of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes.

3.4 Suitability and Registration of Accounts

If you wish to make use of certain Services, you must create an account with us (an "Account"), and you must also have access to a suitable cell phone and an Internet connection.

You may create an Account using our Services by selecting it from the account creation screen in the App.

You agree that you may not disclose your Account password to any other person, and you must immediately notify us of any unauthorized use of your Account. Reckless Company takes its security obligations very seriously; however, you assume responsibility for all activities conducted on or from your Account, whether or not you are aware of them.

3.5 Account Suspension or Cancellation

We may suspend or terminate your access to and use of the Services, in our sole discretion, at any time and without notice, including if (a) you breach these Terms; (b) we suspect any fraudulent behavior, cheating or misuse by you of Content or the Services; or (c) we suspect any other illegal activity in connection with your Account. If your Account remains inactive (that is, without you using or logging into it) for a certain period of time, we will send you a notice through the Services or on the App, prior to terminating your Account.

You may cancel your Account at any time by visiting the App help desk. Upon termination of the Services or your Account, the following provisions of these Terms will continue to apply: Ownership of Content, Rights Granted by You, Disclaimer of Warranties, Indemnity, Limitation of Liability, Resolution of Disputes, Terms and Conditions, and this Cancellation Clause.

3.6 Who can use our Services

Unless otherwise stated for a particular Service, children are not allowed to use the Services. Child" means a person (a) under the age of 13 (for residents outside the EEA, except for the Republic of Korea); (b) under the age of 16 or such age as is necessary to consent to the processing of personal data in the country where he or she resides (for residents of the EEA); or (c) under the age of 14 (for residents of the Republic of Korea).

For Services that allow the Child to participate, the parent or legal guardian ("Parent") must provide verified consent. Where Parental consent is required, Reckless Company recommends that Parents monitor the Child's online activity and use of the Service.

The verification and consent process for Children is performed by one of several third party providers ("Verification Provider"). The Parent must register with the Verification Provider before a Child can use the Services. The Verification Provider will ask the Parent to verify his/her identity and consent to the creation of an Account for the Child. Upon receipt of verification and consent from the Parent, the Verification Provider will allow the Parent to create a Child Account. Parental consent applies only to the Service for which it has been given.

If a Parent wishes to revoke the consent previously given for a Child's access to and use of the Services, the Parent must follow the Account cancellation instructions, which can be found at the respective Help Centers.

Purchases made through the Services are restricted to Account holders who are either (a) of age to contract in their country of residence; or (b) if a minor, have a Parent's consent to use the Service. Parents may refer to their device's settings for the App to restrict purchases that the Child may make through the App, and should also monitor the Child's Account activity, including purchases of Virtual Money or Virtual Goods.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, RECKLESS COMPANY DISCLAIMS ALL LIABILITY IN CONNECTION WITH ANY ACTIVITY BY A CHILD WITH OR WITHOUT A PARENT'S PERMISSION. IF YOU ARE A PARENT AND GIVE YOUR PERMISSION FOR YOUR CHILD TO SUBSCRIBE TO ONE OR MORE OF THE SERVICES, YOU AGREE TO THE TERMS REGARDING YOUR CHILD'S USE OF THE SERVICES.

4 Limited Use License

Subject to your compliance with these Terms and Conditions, Reckless Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install one copy of the Apps on a mobile device and to run such copy of the Apps solely for personal, non-commercial purposes. Except as expressly permitted by these Terms or under applicable law, you may not: (a) copy, modify or create derivative works based on the Apps, (b) distribute, transfer, sublicense, lease or lend the Apps to any third party, or (c) reverse engineer, decompile or disassemble the Apps, or (d) make the functionality of the Apps available to multiple users by any means. Reckless Company reserves all rights in and to the Apps that are not expressly granted to you under these Terms.

5 Content and Content Rights

Subject to your compliance with these Terms, Reckless Company grants you a personal, non-commercial, non-exclusive, non-transferable, unlicensable, revocable and limited license to download, view, display and use the Content solely for your authorized use within the Services. Content" means the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, communications, interactive features, copyrighted works of any kind, and information or other materials that are generated, made available or otherwise made available through the Services, including User Content. User Content" means any Content that a user of a Service makes available to be made available through the Services.

5.1 Content Ownership

Reckless Company does not claim ownership of the rights to the User Content and nothing in these Terms restricts your rights to use and exploit your User Content. Subject to the foregoing, Reckless Company and its licensors have exclusive title to all right, title and interest in and to the Services and Content, including all related intellectual property rights. You acknowledge that the Services and Content are protected by the copyright, trademark and other laws of Andorra and other countries. You agree not to remove, alter or obscure any copyright notices, trademarks, service marks or other proprietary rights notices appearing on or accompanying the Services or Content.

5.2 Rights granted by you

By making any User Content available through the Services you are granting Reckless Company a non-exclusive, transferable, sublicenseable, worldwide, royalty-free, perpetual license (or, if not permitted by applicable law, a license covering the full duration of the relevant rights), including extensions thereof, under any applicable law) to use, copy, modify, create derivative works based on, publicly display, publicly perform, market, promote and distribute your User Content in connection with the exploitation and provision of the Services and the Content to you and others. By agreeing to these terms, you are allowing Reckless Company to benefit from the above rights free of charge, including but not limited to the following:

1. The right to reproduce the User Content in any media and in any format.

2. The right to broadcast or make available, publicly or privately, the User Content (or any product incorporating the User Content), against payment or free of charge, in all locations, by any means or process known or unknown at the time, and in particular via the Internet, pay-per-view, pay-per-play, radio, television or theater broadcasting or cinema, DVD and printed material.

3. The right to use the User Content for the demonstration, promotion and advertising of all Reckless Company Services.

4. The right to produce or commission the production of any new product or service from the User Content or from any product that incorporates or exploits the User Content, either by reproducing it as is or as modified by Reckless Company or by any third party of its choice

You are solely responsible for all your User Content. You represent and warrant that you own all of your User Content or have the rights necessary to grant us the license rights to your User Content set forth in these Terms. You further represent and warrant that neither your User Content, nor the use or provision of your User Content through the Services, nor the use of your User Content by Reckless Company on or through the Services, infringes, violates or misappropriates any third party's intellectual property rights or rights of publicity or privacy, or violates any law or regulation. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or the equivalent rights provided by applicable law), such as your right to identify yourself or be recognized as the author of the User Content, against Reckless Company or any third party designated by Reckless Company.

5.3 Exchange

Certain Apps allow the Account holder to capture and exchange virtual items, including but not limited to characters or other items ("Trading Items"), during game play. Unlike Virtual Money and Virtual Goods, Trading Items are obtained during game play at no additional cost. Trading Features constitute a category of Content, and you acknowledge that you do not acquire any ownership rights in or to the Trading Features, and that the Trading Features have no monetary value. Trading Features may be exchanged with other Account holders for other Trading Features, but may not be sold, transferred or exchanged for Virtual Money, Virtual Goods, "real" items, "real" money, or "real" services, or for any other type of consideration by us or any other person or entity.

You agree to obtain the Items of Exchange only from other Account holders and by means provided by Reckless Company, and not through third party platforms, intermediaries or other mechanisms, unless expressly authorized. Such sales, transfers or exchanges (or the attempt to do so) are prohibited and may result in the termination of your Account or deletion of such Trading Goods. All Trading Features and other Content are provided "as is" without warranty of any kind, except where prohibited by applicable law.

5.4 Virtual Money and Virtual Goods

Certain Apps allow the purchase of virtual currency ("Virtual Money"), specific to each App, and the use of such Virtual Money to purchase virtual goods or services expressly available for use in the respective Apps ("Virtual Goods"). Virtual Money is a category of Content. You may access and purchase Virtual Goods for your personal, non-commercial use of the Services. You acknowledge that you do not acquire any ownership rights in or to the Virtual Money or the Virtual Goods. The balance of Virtual Goods or Virtual Money does not reflect an aggregate value and you agree that Virtual Money and Virtual Goods have no monetary value and do not constitute currency or property of any kind. Virtual Money may only be redeemed for Virtual Goods and may never be sold, transferred or exchanged for "real" money, "real" items, or "real" services from us or any other third party. You agree to obtain the Virtual Money or Virtual Goods only from us and by means we make available to you, and not from any third party, unless expressly authorized. Once you purchase a license for Virtual Money or Virtual Goods, you may not transfer them to any other person or account. Such sales, transfers or exchanges (or the attempt to do so) are prohibited, are in violation of these Terms, and may result in the removal of such Virtual Money or Virtual Goods or the termination of your Account.

During the term of your Virtual Money license, you may redeem your Virtual Money for certain selected Virtual Goods. As noted below, Virtual Money, the Virtual Goods and other Content are provided "as is" without any warranty. You agree that all sales by us to you of Virtual Money and Virtual Goods are final and we will not allow redemptions or refunds of Virtual Money or unused Virtual Goods after the transaction is completed.

In general, we have the right to offer, modify, remove and/or cancel Virtual Money, Virtual Goods, Content and/or the Services or any part thereof, at any time, without notice or liability to you. If we discontinue use of Virtual Money or Virtual Goods, we will provide you with a minimum of 60 days notice by posting a notice through the Services or through other communications.

5.5 Contributions

You may provide input, comments and suggestions to improve the Services ("Input") by contacting us through social networks or support channels. Contributions are a form of User Content.

5.6 Andorran Digital Age Copyright Act (DMCA) / Copyright Policy

Reckless Company respects copyright laws and expects its users to do the same. It is the policy of Reckless Company to terminate, in appropriate circumstances, the Account of any holder who infringes or is deemed to infringe the rights of copyright holders.

6 Reckless Company's Conduct, General Prohibitions and Enforcement Rights

You agree that you are responsible for your own conduct and for your User Content when you use the Services, and for the consequences thereof. In addition, you agree to refrain from engaging in any of the following conduct, unless required or permitted by applicable law

* collecting, storing or sharing any personally identifiable information of other users of the Services without their express permission;

* extract, copy from screen or index the Services or Content (including information about users or items);

* use the Services or Content, or any part thereof, for any commercial purpose or in a manner not permitted by these Terms, including: (a) collecting App items or resources for sale outside of the Apps, (b) providing services in the Apps, in exchange for payment outside of the Apps, or (c) selling, reselling or renting the Apps or your Account;

* attempt to access or search the Services or Content from the Services or download Content from the Services using any technology or means other than those provided by Reckless Company or other generally available third party web browsers, (including, without limitation, automation software, bots, spiders, crawlers, data mining or hacking tools, and other tools, agents, engines or devices of any kind)

* attempt to decrypt, decompile, disassemble or reverse engineer any of the programs used to provide the Services or Content

* circumvent, remove, disable, disable, decode or otherwise circumvent any technological measures applied by Reckless Company or any of Reckless Company's suppliers or any other third party (including another user) to protect the Services or Content;

* use, view, mirror or frame the Services or any individual element within the Services, the Reckless Company name, any trademarks, logos or other proprietary information of Reckless Company, or the layout and design of a page or App without the written consent of Reckless Company.

* publish, post, disseminate or transmit any Content that infringes, violates or appropriates any patent, copyright, trademark or trade secret, moral rights or other industrial or intellectual property rights, or rights of publicity or privacy, of any third party

* access, manipulate or make use of non-public areas of the Services, Reckless Company's computer systems or Reckless Company's suppliers' technical delivery systems;

* attempt to test, scan or check the vulnerability of any Reckless Company system, network or any Service, or breach security or authentication measures;

* use meta tags or other hidden text or metadata using any Reckless Company brand, logo, URL or product name without the prior written consent of Reckless Company;

* fabricate any TCP/IP packet header or information contained therein in an e-mail or newsgroup posting, or in any way use the Services or Content to send altered, misleading or false source identification information;

* interfere or attempt to interfere with the access of a user, host or network, including but not limited to sending viruses, overloading or flooding data, sending spam or email bombs;

* removing, hiding or otherwise altering any attribution notices, warnings or links appearing on the Services or Content;

* violate any applicable law or regulation; or

* encourage or enable any other person to engage in any of the above behaviors.

While Reckless Company has no obligation to monitor access to or use of the Services or Content, or to review or edit the Content, we reserve the right to do so in connection with the operation of the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any Content, at any time and without notice. Reckless Company may remove any Content that it deems objectionable or in violation of these Terms. We reserve the right to investigate violations of these Terms or conduct affecting the Services. We may also consult and cooperate with law enforcement authorities in prosecuting users and those who violate the law.

ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO DISRUPTING OR TAMPERING WITH THE LEGITIMATE OPERATION OF ANY WEBSITE OR APP, IS A VIOLATION OF RECKLESS COMPANY'S TERMS AND CONDITIONS AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

7 Participation in Events

7.1 Event Registration and Entry

Events" shall mean any event, meeting, activity or similar that is attended in person and is directly organized, sponsored or managed by Reckless Company, as well as any Promotion (as defined below). By registering or, where required, purchasing tickets for an Event, you represent and warrant under your own responsibility that the information you provide is true and correct. If you register or purchase tickets on behalf of others, you represent and warrant that you have all necessary rights and consents to register and provide this information to others.

Subject to applicable law and the exceptions set forth in these Terms and Conditions, no refunds or exchanges of tickets to the Event are permitted, and the tickets are not transferable. Reasonable proof of identity, such as a driver's license or passport, may be required for access to the Event, including name and first name as provided at the time of registration. Resale or attempted resale of tickets may result in their revocation without refund. Tickets obtained from unauthorized sources may be invalid, lost, stolen or forged and may not be accepted. Tickets will not be replaced if lost, stolen or destroyed. Commercial use of tickets without written approval from Reckless Company is prohibited. Tickets cannot be redeemed for cash or credit. You agree to abide by any posted limits or restrictions affecting the Tickets, and orders that exceed or violate these restrictions are subject to cancellation without notice or refund. Events may have limited space or seating, and Reckless Company does not guarantee that you will be able to purchase a ticket or attend an Event.

Unless prohibited by applicable law, by attending an Event, you acknowledge that Reckless Company will use your data collected under the Privacy Policy to provide features of the Event (both in person and online), including contacting you and providing you with updates on the Event, sending you necessary materials (e.g., a QR code bracelet), providing you with emergency or adverse weather notifications, or informing you of results or ratings in public Events, competitions and games.

7.2 Event Implementation and Policies

You shall at all times comply with all applicable laws and regulations and policies provided by Reckless Company or any other authorized party involved in creating or conducting the Event, including all health and safety policies and procedures and all reasonable instructions of personnel on the premises or location of the Event and Reckless Company representatives. As a condition of participation, you agree to comply with all policies on the Websites, including but not limited to those on the website for the Event.

Illegal drugs, controlled substances, contraband, weapons and all other illegal items are prohibited at the Events. You agree that reasonable security precautions will be taken, including searches at the entrance. To the fullest extent permitted by applicable law, you hereby waive and release Reckless Company and any other party involved in creating or conducting the Event from any claims, demands, causes of action, damages, losses, expenses or liabilities arising out of or resulting from, or in any way connected with, such precautions and searches. If you choose not to consent to such precautions and searches, you may be refused entry to, or removed from, the Event without any right to reimbursement or compensation.

Reckless Company and its authorized third parties reserve the right to deny admission to an Event, or remove from the Event, without refund or compensation of any kind, any person who (a) fails to comply with these Terms and Conditions, (b) engages in disorderly or willful conduct, or (c) in the judgment of Reckless Company or its authorized third parties causes an adverse effect on the Event, participants, spectators or staff.

Minors attending an Event must be accompanied by a parent.

7.3 Assumption of Risk

Unless prohibited by applicable law, you agree that by purchasing tickets, participating in or attending an Event, you voluntarily and knowingly assume all risks arising before, during or after the Event, including damage from any cause whatsoever and, damage, loss or theft. You acknowledge that the Events, and certain activities performed at the Events, involve inherent and unforeseeable risks, including but not limited to, (a) contact or collision with persons or objects, (b) obstacles (e.g., natural and artificial waters, road and surface hazards), (c) equipment hazards (e.g., faulty, defective or inadequate equipment), (e) inadequate emergency or first aid measures, (f) judgment or behavior problems (e.g., erratic or inappropriate behavior by participants, co-participants, or spectators, or errors in judgment by Event personnel), and (g) natural hazards (e.g., uneven terrain or difficult conditions, wildlife, plant contact). You agree to take reasonable precautions before attending or participating in an Event or taking part in its activities, e.g., consulting with a personal physician and ensuring that you are in good physical health, wearing appropriate clothing, and carrying necessary or recommended supplies. You understand and acknowledge that it is your responsibility to inspect the grounds, premises, facilities, equipment and areas to be used at the Event, and that, by participating in the Event, you acknowledge that the grounds, premises, facilities, equipment and areas to be used are safe, adequate and acceptable for your participation. If you consider or become aware that unsafe conditions or excessive or unjustified risks arise, you agree to immediately notify the appropriate personnel and to cease participating in the Event.

To the extent permitted by applicable law, you waive and release Reckless Company and any other party involved in creating or conducting the Event from any claims, demands, causes of action, damages, losses, expenses or liability arising out of or in connection with your attendance or participation in an Event, including negligence, inherent and unforeseen injury or damage to persons or property, and the actions of third parties or participants in the Event or spectators.

7.4 Characteristics of the Events and their cancellation

Subject to applicable law, calendars, live or play experiences, activities, items, services, perks, games, rewards and/or Content (collectively, "Features of the Event") that are announced in connection with an Event are not guaranteed and are subject to change or cancellation at any time prior to or during the Event without notice or compensation of any kind. Admission to an Event does not guarantee that any of the features of the Event will be present at the Event.

The date, time and location of the Event are subject to change at any time, and Reckless Company will use reasonable commercial endeavors to notify you in advance of any significant changes. If an Event is cancelled, suspended or rescheduled and you are unable to attend, this does not entitle you to any compensation beyond a refund of the ticket price at face value, without any further liability or compensation to Reckless Company or any other party. Any travel or accommodation expenses you may incur are your sole responsibility.

7.5 Recording and use of appearances

You consent and agree that Reckless Company may record your image, likeness, name, dialogue, biographical information, personal characteristics and voice at the Events, as well as the royalty-free use of such information subject to the provisions above under "Rights Granted by You". Reckless Company has the right to publish the results of any competition (including rankings and winners), match or game statistics, and photographs of participants in promotional and marketing materials and on social networks in accordance with these Terms.

8 Sweepstakes, Contests, Raffles, Surveys and Similar Promotions

From time to time, Reckless Company or its partners may organize sweepstakes, contests, raffles, surveys, games and similar promotions on the Services (each, a "Promotion"). In addition to these Terms, Promotions are subject to specific terms and conditions that we will communicate to you at the time of the relevant promotion ("Promotion Terms"). By participating in any Promotion, you are bound by these Promotion Terms. All Promotional Terms are incorporated into these Terms, but they may differ from these Terms and shall prevail in the event of any inconsistency. Reckless Company encourages you to read the Promotional Terms. The Privacy Policy, in addition to these Terms and Conditions and the Promotional Terms, governs all information you provide in connection with such Promotions.

9 Third Party Websites or Resources

The Services may contain links to third party websites or resources. Reckless Company provides these links for your convenience only and is not responsible for any content, products or services on or available from such websites or resources, or any links contained in such websites. To the extent permitted by applicable law, you acknowledge that you are solely responsible for, and assume all risk associated with, your use of third party websites or resources.

Reckless Company is not responsible for the availability or quality of third party services, including cell phone networks, wireless coverage areas, wireless internet (Wi-Fi) and other services. These third party services may affect your ability to use the Services or participate in an Event, and you hereby waive and release Reckless Company and any other party involved in creating or providing the Services from any and all claims, demands, causes of action, damages, losses, expenses or liabilities arising out of or in any way related to such third party services.

10 Exclusion of guarantees

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITATION TO THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ALL WARRANTIES ARISING OUT OF A PERSON'S OWN ACTIONS OR USE OR TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR COMMUNICATIONS, WHETHER ONLINE OR OFFLINE, AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND OTHER PERSONS WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT RECKLESS COMPANY DOES NOT SCREEN OR CONDUCT ANY RESEARCH ON THE BACKGROUND OF USERS OF THE SERVICES. RECKLESS COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE THAT YOU MUST TAKE REASONABLE PRECAUTIONS IN ALL YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU CHOOSE TO MEET SUCH A PERSON PHYSICALLY.

11 Limitation of liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RECKLESS COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES OR CONTENT SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, INTERRUPTION OF SERVICE, DAMAGE TO EQUIPMENT OR SYSTEM FAILURE, OR FOR THE COST OF REPLACEMENT SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FOR ANY COMMUNICATIONS, INTERACTIONS OR ENCOUNTERS WITH OTHER USERS OF THE SERVICES OR WITH PERSONS WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT RECKLESS COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY UNDER THESE TERMS AND CONDITIONS WOULD BE INADEQUATE TO ACHIEVE ITS ESSENTIAL PURPOSE. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE COUNTRY CONCERNED.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RECKLESS COMPANY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, AN EVENT, OR THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE THOUSAND UNITED STATES DOLLARS ($1000) OR, IF CONTRACTED WITH RECKLESS COMPANY, ONE THOUSAND POUNDS STERLING (£1000). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE ESSENTIAL AND FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN RECKLESS COMPANY AND YOU.

12 Dispute Resolution

YOU AGREE THAT DISPUTES BETWEEN YOU AND RECKLESS COMPANY WILL BE RESOLVED BY INDIVIDUAL AND BINDING ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO INTERVENE AS A PLAINTIFF OR AS PART OF A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING.

13 General

13.1 Completeness of the contract

These Terms constitute the entire and exclusive agreement and understanding between Reckless Company and you with respect to the Services and Content, and these Terms supersede and supersede any prior agreements or understandings, whether oral or written, between Reckless Company and you with respect to the Services and Content.

13.2 Separability

If any provision of these Conditions is declared invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the other provisions of these Conditions shall remain in full force and effect. You may not assign or transfer these Terms, whether by operation of law or otherwise, without the prior written consent of Reckless Company. Any attempt by you to assign or transfer these Terms without such prior consent shall be void. Reckless Company may freely assign or transfer these Terms and Conditions without restriction and the assignor shall not be jointly and severally liable. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns.

13.3 Force Majeure

Neither Reckless Company nor any user or any other party involved in creating, producing or delivering the Services or Content shall be liable for any damages, injuries, failure or delay in performance due to acts of God, weather, fire, flood, acts of terrorism or foreign enemy, satellite or network failure, government order or regulation, commercial disputes or any other cause beyond their respective control.

13.4 Notices

Any notices or other communications that Reckless Company provides under these Terms, including any amendments to these Terms, will be given: (a) by e-mail; or (b) by posting on the Services. Notices made by e-mail shall be deemed received on the date such notice is transmitted to the e-mail address provided by you.

13.5 Waiver

The failure of Reckless Company to exercise any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any such right or provision shall be effective only if in writing and signed by a duly authorized representative of Reckless Company. Except as expressly provided in these Terms, the exercise by any party of its rights under these Terms shall be without prejudice to any other action it may take under these Terms or otherwise.

13.6 Contact Information

If you have any questions about these Terms or the Services, please contact Reckless Company at info@recklesscompany.com.

14 Specific conditions for residents of the Republic of Korea

14.1 Purchases by End Users in the Republic of Korea

If you live in the Republic of Korea, the E-Commerce Law gives you certain rights to a refund within seven (7) days of purchase. However, please note that once you have redeemed Virtual Money for Virtual Goods within the App, you will no longer be able to request a refund. We reserve the right to monitor, regulate, change or remove Virtual Money or Virtual Goods as permitted by applicable law, without liability to you.

15 Specific Conditions for EEA Residents

15.1 Purchases and Refunds Services

If you live in the EEA, you have certain rights to withdraw from online purchases. However, please note that once you download the Virtual Money from us, your right of withdrawal expires. You agree that (a) your purchase of Virtual Money constitutes an immediate download of the Content; and (b) you lose your right to withdraw once your purchase is complete. If you live in the EEA, we will provide you with a VAT invoice when we are required to do so by law. You agree that these invoices may be in electronic format. We reserve the right to monitor, regulate, change or remove Virtual Money or Virtual Goods without liability to you.

16 Specific conditions for residents of Germany

16.1 LIMITATION OF LIABILITY

In case of gross negligence or willful misconduct, including by their representatives and vicarious agents (Erfüllungsgehilfen), both parties are liable according to the law. The same shall apply in case of damages for injury to life, body or health, in case of damages resulting from the violation of a quality guarantee (Beschaffenheitsgarantie), as well as in case of maliciously concealed non-compliance, (a rglistig verschwiegene Mängel).

In case of damage to property or assets (Sach- und Vermögensschäden) due to slight negligence of either party, its representatives or vicarious agents, such party is only liable in case of violation of a basic contractual duty (wesentliche Vertragspflicht), but limited to the amount of damage that was foreseeable at the time of the conclusion of the contract and taking into account the nature of the contract (vorhersehbarer und vertragstypischer Schaden). Basic contractual duties are those duties whose performance enables the proper execution of a contract and on whose observance the contracting parties can and do rely.

Insofar as the legal limitations on liability under Sections 521, 599 BGB apply to the free provision of services, they are not affected by the above provisions.

Liability based on the German Product Liability Act remains unaffected.

Any further liability of either party which is not covered by the above is excluded.