1.1. Playfix Pte. Ltd. and its related companies and affiliates (collectively, “Playfix”) own and operate thewebsite https://www.playfix.io/ and all its subdomains (“Site”), and provide related platforms, tools,applications, documentation, software and other services (“Services”).
1.3 The Site and Services may be accessed and used only by individuals who can form legally binding agreements under applicable laws, who are 18 years of age or older, and who are legally permitted to access and use the Site and Services under applicable laws.
1.4 By using and/or accessing the Site and/or Services, you:
1.4.1 agree to be legally bound by these Terms of Service; and
1.4.2 represent and warrant that:
(i) you have the right, authority and capacity to enter into these Terms of Service on behalf of yourself and/or any person or entity you represent;
(ii) you are at least 18 years of age; and
(iii) you are legally permitted to access and use the Site and Services under applicable laws.
1.5 Please do not use or access the Site and/or Services if you do not agree to any of these Terms of Service.
1.6 If you believe a user on the Site is violating these Terms of Service, please contact firstname.lastname@example.org.
2.1 Subject to your compliance with these Terms of Service, Playfix hereby grants you a revocable, non-exclusive, non-assignable, non-sublicensable, and non-transferable licence to access and use the Site and Services, on the terms and conditions contained in these Terms of Service.
2.2 By using the Site and/or Services, you agree not to, and not to assist anyone else to:
2.2.1 violate any relevant rule, law or regulation in connection with your access to or use of the Site and/or Services;
2.2.2 solicit or be involved in the purchase or sale of counterfeit, stolen or illegal items, or solicit or commit any fraudulent transaction, or otherwise be involved in any form of criminal activity, including but not limited to terrorism financing and money laundering;
2.2.3 use the Site or Services for any purpose other than the purposes for which they are provided by Playfix;
2.2.4 reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the Site and/or Services;
2.2.5 deliberately interfere with or hamper the working and performance of the Site and/or Services, or the access of any user, host, or network, including without limitation, hacking, transmitting any virus, overloading, flooding, spamming, denial-of-service attacks, or tampering with any aspect of the Site and/or Services;
2.2.6 use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other users, or modify or interfere with the Site and/or Services;
2.2.7 falsify information, impersonate others or otherwise misrepresent your relationship with or authority to represent any persons or entities;
2.2.8 avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Playfix or any of Playfix’s authorised representatives to protect the Site, Services, and/or intellectual property owned by Playfix, or attempt to do any of the foregoing;
2.2.9 upload any material or otherwise act in any way that may potentially infringe any trademark, copyright, patent or other proprietary right of any party;
2.2.10 modify, translate, or create derivative works based on any element of the Site or Services;
2.2.11 modify, reproduce, adapt, or publicly distribute any materials or content on this Site without the prior written approval of Playfix;
2.2.12 collect, use, disclose or process personal data of other individuals unless you have obtained their express and valid consent;
2.2.13 send any spam, junk email, or any other unsolicited messages through the Site and/or the Services;
2.2.14 post or circulate any remarks, photographs, or material that are obscene, indecent, threatening, abusive, insulting, harassing, defamatory, infringing, unlawful, or encourage violence or discrimination towards any person or group, or otherwise violate the legal rights of others;
2.2.15 post or circulate any material that is objectionable on the grounds of public interest, public morality, public order, public security, national harmony, or is otherwise prohibited by applicable laws; and
2.2.16 attempt to obtain unauthorised access to the Site and/or the Services.
2.3 By using the Site and/or Services, you agree that:
2.3.1 any information and documentation you provide to Playfix is true, correct and complete, and you agree to immediately notify Playfix of any changes to such information;
2.3.2 you will comply with all terms, conditions, guidelines, rules, policies, instructions and notices pertaining to use of the Site and/or Services as issued in writing by Playfix from time to time;
2.3.3 any breach of these Terms of Service may result in the suspension or termination of your Account (defined below) and right to use the Site or Services and possible legal action being taken against you;
2.3.5 you will not post, upload, or otherwise provide to Playfix any personal data of individuals unless specifically requested by Playfix in writing.
3.1 To use the Services and certain functionalities of the Site, you must have a valid account
(“Account”). The Account is non-transferable.
3.2 All personal data submitted for the purpose of registering for an Account will be handled in
3.3 You are solely responsible for, and bear the risk of, all activities and communications carried out under or pursuant to your Account, whether or not such use is authorised by you. Any activities and communications carried out under or pursuant to your Account shall be deemed to be carried out by you. Playfix shall not be responsible for controlling or monitoring the use of your Account.
3.3.1 To prevent any unauthorised use, you agree to take such actions as are necessary to maintain the security of your Account, including using a strong password, regularly changing your passwords, not re-using passwords across platforms, and keeping your password confidential.
3.3.2 You agree that Playfix will not be liable for any loss, damage, liability, claims, demands, fees, costs and expenses (including legal and professional costs and expenses) suffered by you or any third party (collectively “Loss”) arising as a result of or in connection with the unlawful, fraudulent or otherwise wrongful or unauthorised use of your Account.
3.4 If you are aware of or have a cause for suspicion regarding any unauthorised use of your Account, or theft, loss, or unauthorised disclosure of your Account’s log-in details, you must notify Playfix immediately at: email@example.com. Playfix reserves the right to suspend your Account until the matter is resolved.
3.5 Any breach of these Terms of Service, including as a result of or in connection with unlawful, fraudulent or otherwise wrongful or unauthorised use of your Account, may result in immediate termination or suspension of your Account without prior notification.
4.1 Data Storage.
4.2 Smart Contracts. Our smart contracts are provided on an "as is" and "as available" basis. It is your responsibility to ensure that they are suitable and satisfactory for your purposes before you use them. Playfix is not responsible for your use of our smart contracts and will not be liable for any Loss arising as a result of or in connection with such use.
4.3 Third Party Content. The Services may enable you to view, manage, connect to, and/or integrate your software with third-party websites, software, services and/or materials (“Third Party Content”). Such Third Party Content is not under Playfix’s control. Playfix is not responsible for any Third Party Content and does not monitor, endorse, warrant, approve of, provide any warranties or make any representations in respect of Third Party Content, including in respect of the quality, functionality and security of third-party services and how such third parties process personal data. Your use of and access to Third Party Content will be subject to the terms, conditions and policies of the relevant third party. Playfix will not be liable for any Loss arising as a result of or in connection with your use of or access to any Third Party Content.
5.1 Playfix will deploy reasonable security precautions intended to protect against unauthorised access to any data stored by Playfix in connection with your use of the Site and Services. Playfix will exercise reasonable efforts to deploy corrections within the Site and Services for security breaches made known to Playfix. You may not circumvent or otherwise interfere with any user authentication or security of the Site and Services.
5.2 You acknowledge that, notwithstanding the security precautions deployed by Playfix, the use of, or connection to, the Internet provides the opportunity for unauthorised third parties to circumvent such precautions and illegally gain access to the Site and Services and your data, which can include data of your customers and clients. Playfix cannot and does not guarantee the privacy, security, integrity or authenticity of any information or data transmitted over or stored in any system connected to or accessible via the Internet or otherwise or that any such security precautions will be adequate or sufficient.
6.1 Playfix has absolute and unfettered discretion to:
6.1.1 make upgrades, changes, alterations, enhancements, and/or modifications to the Site and/or Services, including the development of new features, designs, user interfaces, functions and capabilities, updates, patches, maintenance, upgrades and/or the procurement of new releases of any software;
6.1.2 modify, change, update, or revise these Terms of Service;
6.1.3 remove, discontinue, suspend, or terminate the whole or any portion of the Site or Services; and
6.1.4 impose restrictions on certain features or restrict your access to parts of or the entire Site or Services, at any time and for any reason (collectively, the “Changes”).
6.2 Playfix shall not be liable for any Loss arising as a result of or in connection with any loss of or
interruption in your access to the Site and/or use of the Services due to any Changes.
6.3 Any amendments or modifications to these Terms of Service will apply and take effect seven (7) days after the date they are published on the Site. It is your responsibility to remain updated on any changes that may be made to the relevant Terms of Service. You shall be deemed to have accepted and affirmed the amended or modified Terms of Service by your continued use of the Site and Services following any change to the Terms of Service. Playfix will not in any event be liable for any Loss resulting from any amendment(s) or modifications to these Terms of Service.
6.4 Playfix shall be entitled to specify and update from time to time, the required configuration and specifications for hardware and software or the services of any third party service provider as it deems necessary or appropriate for your access and connectivity to the Site or the use of the Services, and you agree to comply with such initial and updated configurations and specifications at your own costs, failing which you may not be able to obtain access and connectivity to the Site and/or use the Services.
7.1 Any and all intellectual property rights embodied in or relating to or used in connection with the Site, the Services and all materials and works comprised in or relating thereto, including without limitation:
7.1.1 all trade marks, service marks, logos, trade names, information, text, data, images, graphics, photos, links, maps, materials, data, software, music, audio-visual content, and/or other materials, produced and/or procured by Playfix;
7.1.3 all computer programs, modules, algorithms and/or tools relating to the Site (including the source codes and the object codes, and all documentation, concepts, database, data and methodologies thereof);
7.1.4 the graphical user interfaces relating to the Site;
7.1.5 the compilation, collection, arrangement and assembly of all data, information and content on the Site;
7.1.6 all other information and content made available on the Site; and
7.1.7 any other proprietary designations or materials used in association with the Site and/or the Services, (collectively “Playfix Materials”), are the property of Playfix, its licensors and/or its affiliates (each an “Owner”) and are protected from unauthorised use, copying or dissemination by copyright law, trade mark law, designs law, patent law, international conventions, and other intellectual property laws. You agree and acknowledge that the use of the Site and the use of and access to any Playfix Materials does not grant or transfer to you any rights, title or interest in relation to the Site or any Playfix Materials.
7.2 Where any software or part thereof relating to or used in connection with the Site or Services is provided to you under an open source licence (“Open Source Software”), Playfix will mark such software clearly and will specify the applicable open source licence. In the absence of such marking, you must assume that the software is not Open Source Software. You will be responsible and liable for any use and/or modification you may make of such Open Source Software, including to comply with the terms of the applicable open source licence. Playfix will not be liable for any Loss arising as a result of or in connection with your use of such Open Source Software.
7.3 You shall not in any way, without the prior written consent of the Owner:
7.3.1 copy in whole or in part any Playfix Materials and/or the Site;
7.3.2 sell any whole or part of the Playfix Materials and/or the Site to any third party;
7.3.3 copy, reproduce, publish, modify, adapt, upload, post, transmit, distribute, commercially exploit, reverse engineer, disseminate, broadcast, or circulate any whole or part of the Playfix Materials, Services and/or the Site (whether as paid, exclusive, non-shareable content or otherwise); or
7.3.4 breach any intellectual property rights arising from or in connection with the Playfix Materials, Services and/or the Site, including by altering or modifying any of the Playfix Materials, Services and/or the Site, causing any of the Playfix Materials, Services and/or the Site to be framed or embedded in another website or software, or creating derivative works from the Playfix Materials, Services and/or the Site.
8.1 You may be required to submit such personal data as may be required by Playfix to register an Account, provide the Services, provide Site administration, and related services (each a “Permitted Purpose”). By submitting such personal data, you consent to the collection, use, processing and retention of such personal data and information by Playfix and its service providers for services necessary for providing the Site and Services (collectively, “Service Providers”), as may be necessary for the Permitted Purposes applicable to each such entity.
9.1 By using the Site and/or Services, you agree to indemnify, hold harmless, and defend Playfix, its affiliates, officers, directors, employees and agents, to the fullest extent permitted by applicable law, from and against any and all Loss incurred, arising out of or relating to:
9.1.1 your access to, reliance on, and/or use of the Site, Services, and/or Playfix Materials;
9.1.2 any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms of Service;
9.1.3 any actual or alleged violation of any third party right, including without limitation any intellectual property or data protection right;
9.1.4 your failure to comply with any applicable laws and regulations in connection with your use of the Site, Services, and/or Playfix Materials;
9.1.5 any claim that your use of the Site and/or Services caused loss, damage, injury or death to a third party; and/or
9.1.6 any other liabilities incurred through your use of the Site and/or Services.
9.2 The above indemnification obligation will survive the expiry or termination of these Terms of Service and your use of the Site and/or Services.
10.1 To the fullest extent permitted by applicable law, Playfix, its Service Providers, their respective affiliates, licensors, directors, officers, agents, and employees, expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other malicious, destructive or corrupting code, agent, program or macros.
10.2 Playfix will use reasonable efforts to keep the Site and Services operational. However, you acknowledge and agree that there will be circumstances that may, from time to time, result in temporary interruptions or downtime, errors, or unavailability or limited availability of the Site and/or Services, including but not limited to routine or emergency support or maintenance, updates, upgrades or other development activity, and technical malfunctions of underlying software, equipment, services or infrastructure.
10.3 Neither Playfix nor any Service Provider warrants uninterrupted use, operation, or availability of the Site, Services and/or any Playfix Materials, or that your use of the Site and Services will be secure, timely, bug-free or error-free, free of viruses or other harmful components, or that any submission or transaction request you attempt using the Site or Services will be successful, uncorrupted, or completed within a reasonable amount of time or meet any performance or reliability standards. You will be solely responsible for any delay or loss of any kind that results from your access to or use of the Services, the Site and/or the Playfix Materials.
10.4 Playfix does not warrant, endorse, guarantee or assume responsibility for any third party information, materials, content, or any other product or service produced or provided by a third party. Consequently, Playfix will not be responsible for any transaction between you and third party providers of products and/or services, or for any acts or omissions of such third parties.
10.5 No advice or information, whether oral or written, obtained by you from Playfix or any other Service Provider through or from the Services, will create any warranty regarding the Services that is not expressly stated in this Agreement.
10.6 You acknowledge and agree that:
10.6.1 your use of the Site and/or the Services, including, without limitation, your use of any Playfix Materials or intellectual property owned by Playfix, is at your sole risk;
10.6.2 the Site, Services, and all Playfix Materials are provided on an "as is" and "as available" basis;
10.6.3 Playfix endeavours to ensure, but does not guarantee, that the content displayed on the Site or through the Services will be accurate and up-to-date and as such is not liable for any Loss suffered arising out of or due to your reliance on any information provided on the Site or through the Services;
10.6.4 Playfix endeavours to ensure, but will not be able to ascertain, the quality or reliability of all materials and information posted on the Site and will not be held liable for any Loss suffered by you arising out of or due to any errors or inaccuracies on the Site;
10.6.5 Playfix is not liable for any viruses, spyware, defects, errors, or malfunctions to computers that arise out of your usage of or access to the Site or Services;
10.6.6 Playfix is not liable for any potentially offensive, illegal, infringing, objectionable or offensive text, images, photographs, content, or material posted by third parties during their use of this Site and/or the Services. All information and materials (regardless of type and form) are the sole responsibility of the person from whom it originated;
10.6.7 Playfix is not liable for any reliance on any information, opinions or views expressed by Playfix on the Site;
10.6.8 there may be occasional errors in the use of the Site and the Services, and Playfix is not liable for any Loss to you that may arise as a result of those errors; and
10.6.9 the above disclaimers and limitations are required for Playfix to provide you and other users with the full and complete Services requested and enable the Services to be provided to you.
11.1 Notwithstanding any other provision in these Terms of Service to the contrary, Playfix reserves the right, without notice or cause and in its sole discretion, to terminate these Terms of Service and/or any Account.
11.2 Playfix reserves the right to cancel, terminate, and/or suspend your access to and use of the Site, Services, and/or your Account at any time at its sole and absolute discretion without notice or justification, and/or terminate these Terms of Service, including without limitation in the event of unauthorised or suspected unauthorised use of the Site and/or the Services, whether in contravention of these Terms of Service or otherwise.
11.3 Any suspension, termination or other action by Playfix set out in these Terms of Service will not limit any other remedies Playfix may have against you at law or equity.
12.1 Upon termination of these Terms of Service, the Services, or your Account, for any reason:
12.1.1 you will lose all access to your Account, and to any content, materials or information relating to it. Subject to the applicable data protection and privacy laws, Playfix will have no obligation to maintain any information stored in its database related to your Account, or to forward any information to you or any third party;
12.1.2 Playfix will have no further obligation to provide the Services, and all licences and other rights granted to you under these Terms of Service will immediately cease. Playfix will not be liable to you or to any third party for such termination and cessation;
12.1.3 all accrued and outstanding amounts due from you to Playfix shall immediately become due and payable.
12.2 Any suspension, termination or cancellation of these Terms of Service, the Site, Services, and/or your Account will not affect any of your obligations to Playfix under these Terms of Service which by their meaning and context are intended to survive such suspension, termination or cancellation.
13.1 Subject to Clause 13.3 and to the fullest extent permitted under applicable law, under no
circumstances shall Playfix be liable for:
13.1.1 any indirect, incidental, special, consequential, or exemplary Loss or damages, including, without limitation, damages for loss of profits, business, revenue, goodwill, anticipated savings, use, data, or other intangible losses (even if Playfix has been advised of the possibility of such loss or damages), whatsoever or howsoever caused arising directly or indirectly in connection with or arising out of these Terms of Service and/or your use of and/or access to the Site and/or Services; or
13.1.2 any direct Losses:
(i) resulting from your access to or use of, or your inability to access or use, the Site, Services or any Playfix Materials;
(ii) resulting from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond Playfix’s reasonable control, including but not limited to acts of God, communications failure, global positioning failure, theft, destruction, or unauthorised access to Playfix’s records, programs, or services;
(iii) resulting from any act or omission of a Service Provider or any other third party; or
(iv) which may arise as a result of or otherwise howsoever in connection with any error, interruption, delay, failure or other technical breakdown or problem whatsoever and however caused of third party equipment, third party software, or third party firmware, or any other equipment, software, firmware or service of Playfix's third party service providers, or agents, including any Service Provider or any platform or facilities of such Service Provider, credit card or other payment method companies, banks and/or other third party providers (including without any limitation, telecommunication problems, power supply problems, Internet-related problems, problems with accessing, viewing, or hosting the Site, third party websites, problems with computer systems and information systems, third party problems, payment gateway problems, problems with FTP, POP, IMAP, SMTP, acts and omissions of customers and third parties) or caused by any emergency measure which may be taken by Playfix in the event of any such failure.
13.2 In the event that Playfix is held to be liable to you, Playfix’s liability to you under or in relation to this Agreement or the performance of Playfix’s obligations hereunder, for any and all causes of action in relation to the Site, Services or any Playfix Materials, and this Agreement, shall not in any event exceed the total amount of fees and charges paid by you to Playfix for the Services from which such liability arose.
13.3 Nothing in these Terms of Service shall limit or exclude any liability for death or personal injury caused by Playfix’s negligence.
14.1.1 Any notice, demand or other communication sent by Playfix shall be sent to the email address and/or physical address notified by you, and you shall be responsible for ensuring that the addresses provided are correct and current.
14.1.2 Any notice, demand or other communication sent by Playfix shall be deemed to have been received by you:
(i) if personally delivered, at the time of delivery;
(ii) if sent by post, two Singapore business days after the date of posting;
(iii) if by email, upon completion of transmission directed to the email address notified by you, unless Playfix receives a non-delivery or error message indicating that the email was not successfully sent to the recipient’s mailbox or mail server.
14.2 Entire Agreement
These Terms of Service constitute the entire agreement between you and Playfix in relation to your use of the Site and Services, and supersedes any prior agreements, undertakings, representations, and warranties in relation to the Site and/or the Services, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Terms of Service in any written or oral communication from you to Playfix are void unless agreed to in writing by Playfix. You agree and accept that you have not accepted the Terms of Service in reliance on any oral or written representations made by Playfix which are not contained in these Terms.
14.3 Illegality & Waiver
14.3.1 If any provision of these Terms of Service is agreed by Playfix or held by any competent
authority to be illegal, void or unenforceable under any law that is applicable hereto, these Terms of Service shall continue in force save that such provision shall be deemed to be excised herefrom with effect from the date of such agreement or decision or such earlier date as the parties may agree.
14.3.2 No failure or delay or partial exercise by Playfix in exercising its rights, power or remedies under these Terms of Service shall operate as a waiver of that or any other right, power or remedy unless Playfix has waived its rights, powers or remedies in writing.
14.3.3 No waiver of Playfix’s rights, powers or remedies in respect of a breach of these Terms of Service by you shall be:
(i) effective unless made in writing and signed by Playfix;
(ii) deemed to be a waiver of any subsequent breach of that or any other provision of these Terms of Service.
14.4 Governing Law & Jurisdiction
14.4.1 These Terms of Service shall be governed by and construed in accordance with Singapore law.
14.4.2 Any dispute, controversy or claim arising out of or in connection with these Terms of Service, including any question regarding its existence, validity, breach or termination, shall be referred to and finally resolved by arbitration in Singapore at the Singapore International Arbitration Centre ("SIAC") or at such other venue in Singapore as the Parties may agree in writing in accordance with the Arbitration Rules of the SIAC (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of arbitration shall be Singapore, and the law of the arbitration shall be the Singapore International Arbitration Act 1994. The arbitral tribunalshall consist of a single arbitrator to be appointed by the President of the Court of Arbitration of SIAC in accordance with the SIAC Rules. The decision of the tribunal shall be final and binding on both Parties. The language of the arbitration shall be English. The Parties hereto undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential.
14.5 Rights of Third Parties
14.5.1 A person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.