Terms of Service | Treasure Play

TREASURE PLAY – TERMS OF SERVICE

Updated September 25, 2024

These Terms of Service (the “Terms”) are a contract between you (“User”, “you” or “your” as the context requires) and Treasure Play Pte. Ltd. (“we”, “us” or “our” as the context requires). The Terms govern your use of the platform and website known as Treasure Play and any other services, features or functionalities made available by us on Treasure Play (the “Platform”).

By accessing and using the Platform, you agree that you have read, understood and accepted all the provisions contained in the Terms (including the Schedules to the Terms, insofar as these are applicable to you). If you do not agree with the Terms, you should stop using our Platform immediately. The Terms include and should be read together with our Privacy Policy, which is available at https://www.treasureplay.com/privacy-policy.

Your use of the Platform is governed by the version of the Terms in effect on the date of such use. We may make changes to the Terms from time to time without prior notice. If we do this, we will post the updated Terms on the Platform and the updated Terms shall be effective from when they are posted. It is your sole responsibility to review the Terms from time to time to apprise yourself of any changes and to ensure that you understand the Terms that apply when you access or use Platform. If we make changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice on the Platform. If you do not agree with any such modification, your sole and exclusive remedy is to stop using the Platform. You understand and agree that your continued use of the Platform after we have made any changes to the Terms constitutes your acceptance of the Terms in effect on the date of such use.

The Platform may not be available in all jurisdictions and we reserve the right to restrict certain Users from accessing and using the Platform at our sole and absolute discretion. We may suspend, make changes to and/or terminate the Platform and any services, features or functionalities on the Platform at any time, without notice, at our sole discretion and without liability to you as a result.

DEFINITIONS

The following words used in this Agreement shall have the meanings as set out below:

“Affiliate” means any entity that is directly or indirectly controlled by us or by any of our parent companies.

“Business Account” is a type of User Account meant for Users who intend to access and use the Business Services available on the Platform.

“Business Services” is defined in Schedule 1 to these Terms.

“Consumer Account” is a type of User Account meant for Users who intend to access and use the Consumer Services available on the Platform.

"Consumer Services” is defined in Schedule 2 to these Terms.

“Content” means any text, images, graphics, video, files, documents, designs, music, software, applications (including web and mobile applications) or other multimedia content.

“Sanctions Laws” means laws or regulations relating to economic or financial sanctions imposed, implemented, administered or enforced by the United Nations Security Council (UNSC), the European Union, the Monetary Authority of Singapore or any other Singapore government authority (each a “Sanctions Authority” and collectively the “Sanctions Authorities”).

“Sanctions List” means any of the lists issued or maintained by a Sanctions Authority designating Sanctioned Persons.

“Sanctioned Person” means any person that is sanctioned under Sanctions Laws, designated under a Sanctions List, and any person that is controlled, directly or indirectly, by any person that is sanctioned under Sanctions Laws or designated under a Sanctions List.

“User Account” means an account which we allow you to create on the Platform.
ELIGIBILITY
1. If you are a natural person, you must be at least 18 years of age to use the Platform. If you are at least 13 years old but under 18 years old, you may only use the Platform through a parent or guardian’s User Account and with their approval and oversight. Your parent or guardian shall be responsible for all actions made using your User Account. Persons under 13 years old are not allowed to use the Platform.
2. You must provide all equipment, connectivity and software necessary to connect to the Platform. You are solely responsible for any costs and expenses, including internet connection or mobile fees, incurred by you when using the Platform.
3. You must not attempt to access or use the Platform if you are not permitted to do so whether by law or under the Terms. By using the Platform, you affirm, represent and warrant that you have the right, authority and capacity to agree to the Terms and you meet all of the eligibility requirements.
USER ACCOUNT
1. We may allow you to create a User Account to access additional features on the Platform.
2. When you select the option to “Create User Account” on the Platform, you may be prompted to create either a Business Account or Consumer Account. Depending on whether you choose to create a Business Account or Consumer Account, the additional terms set out in Schedules 1 or 2 to the Terms may be applicable to you.
3. When you create a User Account, we may ask you to provide us with information about yourself. You represent and warrant that all information provided to us is accurate, complete and current. You further agree to update the information provided to us from time to time to ensure that it is accurate, complete and current. We reserve the right to disable and/or terminate your User Account in the event that any information provided to us is inaccurate, incomplete or outdated.
4. You must treat all information relating to your User Account, including your username and password, as confidential. You must not disclose information relating to your User Account to any third party and you are solely responsible for making sure that all information relating to your User Account, such as your username and password, are kept confidential and secure.
5. If you know or suspect that your User Account has been compromised, you should promptly notify us at report@treasureplay.com.
6. We reserve sole and absolute discretion to disable and/or terminate your User Account in the event of a breach of the Terms by you or if we have reason to believe there is likely to be a breach of security or misuse of the Platform through your User Account.
PROHIBITED USES
1. You agree not to do any of the following:
  
  (a) use, display, mirror or frame the Platform or any individual element within the Platform, our name, trademark, logo or other proprietary information or the layout and design of any page or form contained on a page available on the Platform without our express written consent;
  
  (b) misuse, attack or hack our Platform or any other User by uploading computer viruses, worms, Trojan horses, corrupted files, cancelbots or any other software or material which is malicious, technologically harmful (such as by way of a denial-of-service attacked), interferes with the Platform or is damaging to the Platform or another User’s computer or property
  
  (c) download, scrape or attempt to scrape Content from the Platform using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data-mining tools or the like);
  
  (d) conduct, facilitate, authorize or permit any text or data mining or web scraping in relation to the Platform for any purpose, including the development, training, fine-tuning or validation of artificial intelligence (AI) systems or models;
  
  (e) use any data published by, contained in or accessible on or via our Platform for the purposes of developing, training, fine-tuning or validating any AI system or model;
  
  (f) decipher, decompile, disassemble or reverse engineer or attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
  
  (g) collect or store any personally identifiable information about other Users without their express permission;
  
  (h) impersonate or misrepresent your affiliation with any person or entity;
  
  (i) use the Platform for the purpose of concealing economic activity, laundering money, or financing terrorism;
  
  (j) use the Platform by or on behalf of our competitor(s) for the purpose of interfering with the Platform or to obtain a competitive advantage;
  
  (k) use the Platform to post or transmit any unauthorized Content and material including, but not limited to, Content or material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, or pornographic or is otherwise detrimental to or in violation of our systems or a third party’s systems or network security;
  
  (l) distribute spam to other Users;
  
  (m) use the Platform to violate any applicable law or regulation; or
  
  (n) encourage or enable any other person to do any of the foregoing.
2. If you do not comply with clause 4.1, we may prevent or suspend your access to the Platform and/or disable or terminate your User Account.
3. If you become aware of any use of the Platform in violation of any of the terms specified in this clause, please contact us at report@treasureplay.com to report it.
INTELLECTUAL PROPERTY
1. Unless otherwise indicated in writing by us, the Platform and all Content made available by us on the Platform, including without limitation our logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Company Content”), are our property or that of our licensors, as applicable. You may not use Company Content to link to the Platform without our express written permission. You may not use framing techniques, metatags or other ‘hidden text’ to enclose Company Content without our express written consent.
2. We and our licensors exclusively own all right, title and interest in and to the Platform, including all associated intellectual property rights therein. You acknowledge that the Platform is protected by trademark, copyright and other laws. The appearance and style of the Platform constitutes our trademark and that of our licensors and may not be copied, imitated or used in whole or in part without our express written permission. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform. You also agree that you will not apply for, register or otherwise use or attempt to use any of our trademarks anywhere in the world without our prior written consent.
3. It is our policy to disable and/or terminate in appropriate circumstances the User Account(s) of Users who repeatedly infringe or are believed to be repeatedly infringing our intellectual property rights or that of our licensors.
4. Provided that you are eligible for use of the Platform, and subject to your compliance with the Terms and applicable laws, you are granted a worldwide, non-exclusive, revocable, non-transferable, non-assignable, non-sub-licensable, royalty-free, limited and personal license (“Your License”) solely to use the Platform and view any Content available on it.
5. You may not republish Company Content on any internet, intranet or extranet site or incorporate Company Content in any other database or compilation. Any use of Company Content other than as specifically authorized by the Terms or with our written permission is strictly prohibited and will terminate Your License. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations. Unless explicitly stated, nothing in the Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Your License is revocable by us at any time without notice and with or without cause.
6. Where intellectual property to any Content on the Platform is owned by a third party, you acknowledge and agree that we may pass on additional restrictions (based on our license with the third party) to you and this may affect your ability to use the Platform. To the extent that we notify you of such additional restrictions (e.g. by notifying you through the Platform), you will be responsible for complying with all such restrictions from the date that you receive the notice and failure to do so will be deemed a breach of Your License.
User Content
1. We may allow you to upload or post your Content to the Platform (“Your Content”) save that we retain sole and absolute discretion to remove Your Content from our Platform. Other than any personal information which will be dealt with in accordance with our Privacy Policy, we make no guarantee that Your Content will be kept confidential.
2. You agree to grant us a worldwide, irrevocable, non-exclusive, transferable, fully paid-up and royalty-free license to use, store, reproduce, distribute, prepare derivative works of, display and perform Your Content (“Our Licence”). You agree that Our License shall take effect from the moment you create a User Account and shall only expire a reasonable time after the deletion or termination of your User Account. You further agree that we shall have sole, absolute and permanent legal and beneficial ownership of all intellectual property rights arising from derivative works created using Your Content.
3. You represent and warrant that you have all necessary rights and permissions, power and authority (by ownership, license or otherwise) to use Your Content (including any intellectual property rights associated with it), upload and post it on the Platform and to grant us Our License.
4. You represent and warrant that Your Content does not infringe the intellectual property rights of any other person or entity, is free from viruses, malware and any other material that may be harmful to our Platform and complies with all applicable laws and regulations, including privacy laws.
PAYMENTS, FEES AND TAXES
1. You are solely responsible for all costs incurred by you in using the Platform and determining, collecting, reporting and paying all applicable Taxes. As used herein, “Tax” or “Taxes” refers to any and all federal, state, local, municipal and national taxes, duties, levies, tariffs and other governmental charges, including gross receipts, personal or corporate income, profits, sales, use, occupation, goods and services, value added, ad valorem, transfer, franchise, withholding, payroll, recapture, employment, excise and property taxes, together with all interest, penalties and additions imposed with respect to any such amounts.
2. All payments you make to us under the Terms shall be made in full without any deduction or withholding (whether in respect of set-off, counter-claim, duties, Tax, bank transfer fees, charges or otherwise) unless a deduction or withholding is required by any applicable law, in which event you shall:
  
  (a) ensure that the deduction or withholding does not exceed the minimum amount legally required;
  
  (b) be liable to pay to us such additional amount that will result in the net amount received by us being equal to the amount which would have been received had no such deduction or withholding been made; and
  
  (c) pay to the relevant Tax authority, within the period for payment permitted by any applicable law, the minimum amount of the deduction or withholding required by law.
3. We reserve the right to report any activity occurring using the Platform to relevant Tax authorities as required under applicable law. You are solely responsible for maintaining all relevant Tax records and complying with any reporting requirements you may have as related to our Platform. You are further solely responsible for independently maintaining the accuracy of any record submitted to any Tax authority including any information derived from the Platform.
4. We reserve the right to impose any fees, commissions, royalties, and other charges (collectively, the “Additional Fees”) at our sole discretion at any time for your use of our Services. All Additional Fees are non-refundable except at our sole discretion.
USER REPRESENTATIONS AND WARRANTIES
1. You represent and warrant that:
  
  (a) where you are a natural person, you have full capacity to enter into contracts generally and to agree to the Terms specifically under the laws of your jurisdiction, and the Terms will constitute a legal, valid and binding obligation, enforceable against you in accordance with its terms;
  
  (b) where you are an entity: (i) you are duly organized, validly existing and in good standing under the laws of your jurisdiction of incorporation; (ii) you have full right, power and authority to agree to the Terms and to perform your obligations under the Terms; and (iii) the Terms will constitute a legal, valid and binding obligation, enforceable against you in accordance with its terms; and
  
  (c) regardless of whether you are a natural person or an entity, you are not a Sanctioned Person.
LINKS TO THIRD PARTY WEBSITES OR CONTENT
1. The Platform may link to third-party websites or third-party Content (“Third-Party Platforms”). Our inclusion of links to Third-Party Platforms does not constitute our endorsement of such Third-Party Platforms or their Content. We provide access to Third-Party Platforms only as a convenience; we have no control over and we disclaim all legal responsibility for the Content, material, functionality, safety and reliability of all Third-Party Platforms.
2. In the event you choose to access and use Third-Party Platforms, you acknowledge that you may be bound by the terms and conditions applicable to those Third-Party Platforms. You further accept sole responsibility and assume all risk arising from your use of such Third-Party Platforms.
3. References to any other products, services, Content, processes or other information by name, trademark, manufacturer, supplier or otherwise on the Platform does not constitute or imply endorsement, sponsorship or recommendation by us.
DISCLAIMERS
1. Your use of the Platform is at your own risk. You understand and agree that the Platform is provided on an “as is” and “as available” basis without representations, warranties and conditions of any kind, whether express or implied, on our part. We make no representation or warranty that:
  
  (a) that the Platform will meet your requirements;
  
  (b) that the Platform will be available on an uninterrupted, timely, secure, or error-free basis; and
  
  (c) that the Platform or Our Content are lawful, accurate, complete, reliable, safe, error-free, and free of viruses or other harmful components.
2. We disclaim all other representations, warranties and conditions, express or implied, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement, to the maximum extent permitted by applicable law, as to the Platform and Our Content.
3. We may interrupt your access to the Platform at our sole and absolute discretion, at any time and for any reason; for example, we may interrupt your access to the Platform to maintain or update the Platform. We disclaim all responsibility for any communication failures, disruptions, errors, distortions or delays to the Platform which you may experience during such interruptions.
4. We may suspend or terminate your access to the Platform at any time as required by applicable law, any governmental authority or if we in our sole and absolute discretion determine that you are violating the Terms or the rights of any third-party service provider. Such suspension or termination shall not be construed as a breach of the Terms by us.
5. We will not be responsible or liable to you for losses, damages or claims arising from:
  
  (a) interruption, suspension or termination of your access to the Platform in accordance with the Terms;
  
  (b) user error, such as forgotten passwords;
  
  (c) compromised or hacked accounts;
  
  (d) server failure or data loss (including loss of data relating to or provided by you);
  
  (e) corrupted files;
  
  (f) non-recoverable and/or non-reversible transactions;
  
  (g) loss of rewards or other benefits associated with your User Account;
  
  (h) fraud and/or fraudulent transactions;
  
  (i) unauthorized third-party activities or breaches of security, including the use of viruses, phishing, bruteforcing or other means of attack against the Platform;
  
  (j) hardware, software and/or internet connection failure;
  
  (k) a lack of public interest in the Services; and
  
  (l) changes affecting, or decisions taken by, third-party platforms which may support the Platform.
6. We may, from time to time, run promotions on our Platform and/or reward Users with rewards relating to the Platform (such as vouchers, gems, credits, points etc.) (“Promotional Rewards”). Promotional Rewards are provided by us at our sole and absolute discretion, have no monetary value and do not constitute or grant Users a claim against us for money or otherwise. We reserve the right to discontinue, suspend, terminate and/or refuse to fulfill Promotional Rewards at our sole and absolute discretion at any time and for any reason.
7. We are not providing any financial, legal, tax, accounting or other professional advice. Nothing on the Platform, including any Content on the Platform, should be construed as financial, legal, tax, accounting or other professional advice. If you are in doubt, please obtain independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate.
LIMITATION OF LIABILITY
1. To the maximum extent permitted by law, neither us nor our service providers involved in creating, producing, or delivering the Platform will be liable for: any incidental, special, punitive, exemplary or consequential damages, or damages for lost profits, lost revenues, lost savings, lost business opportunity, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services of any kind arising out of or in connection with these Terms or from the use of or inability to use the Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not us or our service providers has been informed of, or could foresee, the possibility of such damage.
2. To the maximum extent permitted by law, neither us nor our service providers will be liable for any losses or damages arising out of or in connection with your access and/or use of Third-Party Platforms.
3. To the maximum extent permitted by law, in no event will Treasure Play’s total liability, arising out of or in connection with these Terms or from your use of or inability to use the Platform, exceed one hundred US Dollars (USD 100).
4. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Treasure Play and you.
INDEMNITY
1. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Treasure Play, and our respective past, present and future Affiliates, employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, agents, representatives, predecessors, successors and assigns, 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, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to:
  
  (a) your use or misuse of the Platform;
  
  (b) your violation of these Terms;
  
  (c) your negligence or willful misconduct; or
  
  (d) your violation of the rights of a third party or of applicable law.
2. You agree to promptly notify us of any Claims and cooperate with us in defending such Claims. You further agree that we shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in any written agreement between you and us.
GENERAL TERMS
1. Governing law. The Terms shall be governed by the laws of Singapore without regard to the conflict of laws of Singapore or any other jurisdiction.
2. Dispute resolution.
  
  (a) All disputes, claims or controversies arising out of or relating to the Terms or the breach, termination, enforcement, interpretation or validity of the Terms (collectively, “Disputes”) shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this provision. The seat of arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of arbitration shall be English. Any arbitration hearings will take place in the county where you live, unless we both agree to a different location, but will be conducted remotely to the extent permitted by the SIAC Rules. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. This arbitration provision shall survive termination of these Terms.
  
  (b) Payment of all filing, administration and arbitrator fees will be governed by the SIAC Rules, and we will not seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If you prevail in arbitration you may be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
  
  (c) You and Treasure Play each waive the right to a trial by jury or to participate in a class, representative or consolidated action or proceeding. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding, without the written permission of all parties involved.
3. Privacy and personal information. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at https://www.treasureplay.com/privacy-policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
4. Entire agreement. The Terms govern the Platform as provided by Treasure Play and constitutes the sole, entire and exclusive understanding and agreement between us and you regarding the Services and Platform.
5. Third party rights. Unless expressly provided to the contrary in these Terms, a person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 2001 (2020 Rev. Ed.) of Singapore (as may be amended, supplemented or replaced from time to time) to enforce or enjoy the benefit of any provision in these Terms.
6. Assignability. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
7. No waiver. No waiver by either party of any breach or default under the Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
  
  Our failure to enforce any right or provision of the Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Treasure Play. Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies under the Terms or otherwise.
8. Severability. If an arbitrator or court of competent jurisdiction decides that any part of the Terms is invalid or unenforceable, then the invalid or unenforceable part will be severed from the Terms while the remaining parts of the Terms will remain in full force and effect.
9. Notices and communications. By using the Platform, you consent to receiving electronic communications from us (including email, messages on the Platform, etc.)
  
  Any notices or other communications provided by us under the Terms will be provided via email or posted to the Platform.
  
  Communication made by email will constitute written notice for the purposes of the Terms when the email is opened and receipt acknowledged (including by way of a mail delivery report or system record confirming receipt by the other party) except where the time of dispatch is not between 09:00am and 5:00pm on a day on which business is generally carried on in the place to which such notice is sent, in which case the notice will be deemed to have been received at the commencement of business on the next such day in that place.
10. Force majeure. We will not be liable for any action, omission, duty or obligation due to any occurrence that is beyond our control, including:
  
  (a) any future laws or regulations;
  
  (b) any act of God or war;
  
  (c) terrorism
  
  (d) any epidemic or pandemic;
  
  (e) hacking or other attack on the Platform;
  
  (f) the unavailability, disruption or malfunction of the Internet; or
  
  (g) any unavailability, disruption or malfunction of any system, software, network or infrastructure necessary for the Platform to function.
11. If you have any questions about these Terms or the Services, please contact us at contact@treasureplay.com.

SCHEDULE 1

ADDITIONAL TERMS APPLICABLE TO BUSINESS ACCOUNTS

DEFINITIONS
1. The following words used in this Schedule shall have the meanings as set out below:
  
  “Application” means mobile or other application(s) which you connect to the Platform.
  
  “Application Content” means any text, images, graphics, video, files, documents, designs, music, software, or other multimedia content relating to your Application that is publicly available (e.g. available on the application store(s) that your Application is hosted on) and any other Content which you make available to us (e.g. by posting such Content on our Platform or otherwise granting us access to such Content).
  
  “Business Account Terms” means this Schedule 1.
  
  “Business Account User” means the User of a Business Account.
2. All capitalized terms not defined in the Business Account Terms shall have the same meaning as in the Terms.
APPLICABILITY
1. The terms contained in the Business Accounts Terms apply (in addition to the Terms) to all Business Account Users.
2. By creating a Business Account, you agree that you have read, understood and accepted all the provisions contained in the Business Account Terms. If you do not agree with the Business Account Terms, your only remedy is to refrain from creating a Business Account and/or cease using the Platform.
BUSINESS SERVICES
1. As a Business Account User, we may allow you to link your Application(s) to the Platform and subscribe to one or more services provided by us through the Platform (each a “Business Service” and collectively, the “Business Services”).
2. Business Services include:
  
  (a) analytics services;
  
  (b) user acquisition services;
  
  (c) monetization services; and
  
  (d) such other services, features and functionalities as we may make available from time to time.
3. By connecting your Application(s) to the Platform, you represent and warrant that for each Application that you connect to the Platform:
  1. you have all necessary rights, permissions, power and authority (by ownership, license or otherwise) to the Application (including to connect it to the Platform);
  2. connecting the Application to the Platform does not infringe the intellectual property rights of any other person or entity; and
  3. the Application is free from viruses, malware and any other material that may be harmful to the Platform and complies with all applicable laws and regulations, including privacy laws.
BUSINESS SERVICE FEES
1. You do not need to pay us a fee to create a Business Account. As a Business Account User, you may also have access to the Platform and any free-to-access services, features and functionalities that we make available on the Platform.
2. Should you choose to use Business Services, we may charge you fees on a “pay-per-use”, prepaid (by way of credits purchasable with money), subscription, “cost-per-install”, “cost-per-action”, “cost-per-click” and/or “revenue-attributable-to-ads” basis (“Business Service Fees”).
3. As the pricing model for each Business Service differs, please refer to https://www.treasureplay.com/ for a full description of Business Service Fees applicable to each Business Service.
4. You may cease using Business Services at any time, save that any Business Service Fees already paid in respect of that Business Service shall not be refundable. If you cease using a Business Service, your access to that Business Service shall terminate immediately. For the avoidance of doubt, ceasing use of any Business Services shall not prevent you from using the Platform or your Business Account in accordance with the Terms and this Business Account Terms.
5. You agree and acknowledge that the Business Services are provided on an “as-is” and “as available” basis without representations, warranties and conditions of any kind, whether express or implied, on our part (including as to accuracy, availability on an uninterrupted basis, reliability, fitness for purpose etc.). You further acknowledge and agree that you rely on Business Services at your own risk. For the avoidance of doubt, this clause 4.5 neither supersedes nor is intended to contradict anything in the Terms.
BUSINESS SERVICE PERMISSIONS
1. By creating a Business Account you authorize us to access and extract (including via artificial intelligence (AI) scraping tools) Application Content. You further grant us a worldwide, irrevocable, non-exclusive, transferable, fully paid-up and royalty free license to use, store, reproduce, distribute, prepare derivative works of, display, perform and train AI models using Application Content (“Our Business License”). You agree that Our Business License shall take effect from the moment you create a Business Account and shall only expire a reasonable time after the deletion or termination of your Business Account. You further agree that we shall have sole, absolute and permanent legal and beneficial ownership of all intellectual property rights arising from derivative works created using Application Content.
2. When you subscribe for a Business Service, we may ask you to grant us additional permissions which we need to deliver the Business Service (“Business Service Permissions”). As the type of Business Service Permissions required may differ between Business Services, you will need to give us permission in respect of each Business Service you subscribe to.
3. Some Business Service Permissions may require you to provide us with access to data on or generated by the Application which you have purchased the Business Service for (“Application Data”). To the extent Application Data comprises or includes personal data as defined in the Singapore Personal Data Protection Act 2012 (2020 Rev. Ed.), by granting us Business Service Permissions, you represent and warrant to us that you have obtained all necessary consents from the individual/data subject to disclose (and for us to collect and use) the personal data.
4. We shall use reasonable efforts to keep Application Data confidential and shall not disclose Application Data to third parties other than as needed for us to provide the Business Service to you. To the extent Application Data comprises or includes personal data, such Application Data will be dealt with in accordance with our Privacy Policy, which is accessible at https://www.treasureplay.com/privacy-policy.
5. If you do not grant us Business Service Permissions, you may not be able to use the Business Service. All Subscription Fees paid for Business Services, including those which are unavailable due to your failure to grant us Business Service Permissions, are non-refundable.

SCHEDULE 2

ADDITIONAL TERMS APPLICABLE TO CONSUMER ACCOUNTS

DEFINITIONS
1. The following words used in this Schedule shall have the meanings as set out below:
  
  “Consumer Account Terms” means this Schedule 2.
  
  “Consumer Account User” means the User of a Consumer Account.
  
  “Fraudulent Engagement” means engagements with Third-Party Applications that are effected by way of scripts, bots, artificial intelligence (AI), software and/or any other code designed to mimic or simulate human engagement with, or use of, the Third-Party Application.
  
  “Third-Party Application” means applications created by third-party developers.
2. All capitalized terms not defined in the Consumer Account Terms shall have the same meaning as in the Terms.
APPLICABILITY
1. The terms contained in the Consumer Account Terms apply (in addition to the Terms) to all Consumer Account Users.
2. By creating a Consumer Account, you agree that you have read, understood and accepted all the provisions contained in the Consumer Account Terms. If you do not agree with the Consumer Account Terms, your only remedy is to refrain from creating a Consumer Account and/or cease using the Platform.
PLATFORM REWARDS
1. Our Platform allows Consumer Account Users to engage with Third-Party Applications and obtain rewards (“Platform Rewards”) for such engagements (“Consumer Services”).
  
  (a) Platform Rewards are generally awarded to Consumer Account Users for engaging with Third-Party Applications, such as by using the Third-Party Application through our Platform.
  
  (b) Platform Rewards will only be awarded for engagements with Third-Party Applications by the Consumer Account User which we, at our sole and absolute discretion, have determined to be a genuine engagement. Platform Rewards will strictly not be awarded for Fraudulent Engagements. We further reserve the right to disable and/or terminate your Consumer Account (including any Platform Rewards linked to your Consumer Account) in the event we detect that your Consumer Account has been used to carry out Fraudulent Engagements.
  
  (c) Platform Rewards are linked to your Consumer Account and are non-transferable.
  
  (d) The type of Platform Rewards obtainable on our Platform may include virtual in-game items, gems, credits, points, vouchers and such other rewards as we may introduce to, or remove from, the Platform from time to time.
  
  (e) We may allow you to redeem or convert your Platform Rewards to other forms of rewards. The type of rewards which Platform Rewards can be redeemed for or converted to as well as the exchange/conversion rate will be determined by us at our sole and absolute discretion.
  
  (f) Platform Rewards have no monetary value and do not constitute or grant a claim against us, whether for money or otherwise. We reserve the right to discontinue, suspend, terminate and/or refuse to fulfill Platform Rewards at our sole and absolute discretion, at any time and for any reason.
  
  (g) Platform Rewards which have an expiry date will be automatically removed from your Consumer Account after the stated expiry date.
  
  (h) All features and aspects of Platform Rewards (including, but not limited to, the type of Platform Rewards available and the criteria for obtaining Platform Rewards) are determined by us at our sole and absolute discretion and we reserve the right to make changes to Platform Rewards at any time and for any reason.
2. When you choose to engage with a Third-Party Application on our Platform, you may be required to download software provided by the developers of the Third-Party Application (“Third-Party Software”). While we may allow you to download Third-Party Software through our Platform, we make no representations, warranties and conditions of any kind, whether express or implied, as to the Third-Party Software (including as to safety, absence of viruses, bugs, malware and other harmful code, reliability, availability and fitness for purpose etc.). For the avoidance of doubt, this clause 3.2 neither supersedes nor is intended to contradict anything in the Terms.
PERMISSIONS YOU GIVE US
1. When you create a Consumer Account, we may ask you to allow us to collect, store, track, process, use and disclose data relating to your usage of our Platform and any Third-Party Applications (“Consumer Data”). We need Consumer Data for the operation of our Platform, to deliver Consumer Services to you, to ensure that your engagement with Third-Party Applications is genuine and also to detect Fraudulent Engagements. If you do not grant us access to Consumer Data, we may not allow you to create a Consumer Account.
2. To the extent Consumer Permissions comprises or includes your personal data, such personal data will be dealt with in accordance with our Privacy Policy, which is accessible at https://www.treasureplay.com/privacy-policy.