Terms of Use

Welcome to Mobius (the “Platform”). Please read the following Terms of Use carefully before using this Platform so that you are aware of your legal rights and obligations with respect to Mobius Gaming Company Ltd. and its Affiliates (hereinafter, collectively, the “Company”, ״We״, ״Our״ or ״Us״). By accessing or using the Platform, You are representing that You are of legal age in Your place of residency, and You expressly acknowledge and agree that You are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use (the ״Terms״).  You must be at least eighteen (18) years of age to use the Platform. By accessing and/or using the Platform you represent that you are of legal age at your place of residency, have the legal power to enter into a binding legal agreement with us and that the participation in the Activities (defined below) is permitted by the governing law at your place of residency. You hereby agree at all times to abide by these Terms and all applicable laws. If you do not meet any of these requirements, you must not access and/or use the Platform, and we may suspend or close your User Account (defined below) with or without notice. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms please do not access or use the Platform.

YOU ACKNOWLEDGE THAT YOUR ABILITY TO PARTICIPATE IN GAMES ON THE PLATFORM OFFERED BY THIRD PARTY DEVELOPERS DOES NOT ESTABLISH MOBIUS      AS A PROVIDER OF THE ACTIVITIES OR THE GAMES.

​“Affiliates” with respect to a certain entity, are companies that are controlled by, under common control with, or controlling, the entity.
Background

The Platform is a platform for both users (the “Users”) and organizers (the “Organizers”) to arrange, play and compete in competitive multiplayer games developed by third parties. Users are able to compete in competitions in competitive computer games supported on the Platform from time-to-time. Users (and only Users) will be able to participate in such competitions organized by themselves or by other users. games provided on the Platform are categorized as "games of skill" and the outcome of any matches, competitions, tournaments and activities of such games (herein referred to as an "Activity") played through the Platform is solely the result of skill, not chance. (the “Purpose”)

Use of The Platform.

1. The Platform can be used by any Users and Organizers who are of legal age at their place of residency. By using the Platform You are welcome to participate in and organize gaming tournaments. The Platform supports competitive online games chosen by Us, which are skill based. All games provided on the Platform are skill-based games and in no way are chance-based games. It is in the Company’s sole discretion to approve or disapprove the availability of a game in the Platform and Company may, at any time, upon its sole discretion, decide to discontinue to support a game in the Platform.

2. The games provided through or integrated with the Platform are offered as-is and are owned by the respective game developer or publisher ("Game Owners"). The games that are provided through the Platform are available to Users and Organizers solely for the purpose of playing, hosting and organizing activities. For clarity, Game Owners may at their sole discretion, restrict or limit the extent to which Users and Organizers can use and create activities through the Platform, and Company is not liable nor responsible for any such outcomes and their consequences. As such, the use case for the different games on the Platform may vary.

3. After creating a User Account (see section 3 below), You are granted tickets (the “Tickets”). Each game Activity has a different “entry fee” for participation which is comprised by number of Tickets or Coins decided by the Organizer. Your way of participating in an activity is to “pay” with the Tickets or Coins You own.

4. In every Activity, the winners will be granted coins (the “Coins”) or tickets (the “Tickets”). The number of Coins to be granted and the definition of the winners who deserve the Coins may vary in every Activity. Other players in Activity may be granted Tickets.

5. Coins granted in an Activity may be withdrawn to real money, all in accordance with the following system and instructions

6. An Organizer of an activity decides the following terms of the activity: the number of players, activity format, and the entry fee.

7. Activities are governed by these Terms in combination with the terms and rules applicable for each Activity. If the terms and conditions applicable for each Activity are in conflict with these Terms, these Terms shall prevail.

8. By joining an Activity and confirming that You will participate, You expressly confirm that You have read and understood the nature of the Activity and the terms under which You will participate.

Account

Creating an Account. In order to participate in games and use the Platform, you must register and create a user account ("User Account"). When creating Your User Account, You must provide accurate and complete information. You are solely responsible for the activity that occurs in Your User Account, and if used with a password, You must keep Your User Account password secure. You must notify the Company immediately of any breach of security or unauthorized use of Your User Account. You are solely responsible and liable for the activity that occurs in connection with Your Account. If You wish to delete Your User Account You may submit a request via our support channel on Discord.

Compliance with laws

1. You acknowledge that various rules, regulations, and laws which address contests and tournaments with entry fees and/or prizes ("Gaming Laws") may govern your use of the Platform and participation in the Activities. Therefore, we do not offer cash Activities to Users participating in Activities in any state in which such Activities violate its Gaming Laws ("Prohibited Jurisdiction"), and if you are located in any Prohibited Jurisdiction then you may not participate in cash Activities. In the United States, Prohibited Jurisdictions include: Arizona, Arkansas, Delaware, Louisiana, Maryland, and South Carolina. For card games, Prohibited Jurisdictions include Indiana, Iowa, Maine, and Montana. We reserve the right to include additional Prohibited Jurisdictions as determined at our sole discretion.

2. You are solely responsible for your compliance with all laws applicable to you. Services and Activities are void where prohibited or restricted by applicable law. Your participation in Activities is at your own risk, and you agree not to hold us responsible or liable if the laws of your jurisdiction restrict or prohibit your access or participation in the Activities. We make no representations or warranties, express or implied, as to the lawfulness of your participation in any Activity or use of the Platform. We reserve the right (but have no obligation) to monitor the location from which you access the Platform, and we may block access from any Prohibited Jurisdiction.

3. You must comply with all applicable export and sanction laws and regulations (“Trade Controls”) and may not use, export, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, except as authorized by such Trade Controls. The Trade Controls prohibit the use of the Services by any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S. government (currently, Cuba, Iran, Syria, North Korea, and the Crimea region of Ukraine), any countries designated as an “enemy”, that are not currently exempted, under Israel’s Trading with the Enemy Ordinance of 1939 (currently, Syria, Lebanon, and Iran), or any country upon Company’s sole discretion due to local legislation requirements or any other reason upon its sole discretion,  or anyone or any entity (or anyone or any entity 50% or more owned by such individual or entities) on any list of prohibited persons or entities maintained by the U.S., E.U. or Israeli governments, or by the jurisdictions in which the Services were obtained.​

Your Permitted Uses

You may only use the Platform as-is, in accordance with the functions available and as made available by the Company, and in accordance with and subject to these Terms. You are allowed to download a copy of the platform via the Mobius website. . The owners of the Platform remain the Company, and the rights You are granted here to use the Platform do not include any interest or right of title in the Platform.

The restrictions on use (things you are not allowed to do)

You are not allowed in any way to do any of the following (and You are also not allowed to let or solicit anyone else do any of the following): (1) copy, reproduce, republish, frame, transmit, modify, display, reverse engineer, decompile, disassemble, sell, rent, lease, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, the Platform Materials (defined below); (2) Use the Platform or Platform Materials for any commercial purpose, or for any public use, other than for the Purpose of the Platform ; (3) Remove any copyright or other proprietary notations from the Platform Materials; (4) Transfer the Platform Materials to another person or machine other than what is necessary for use of the Platform; (5) disrupt servers or networks connected to the Platform (6) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Platform; and/or (7) circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use of any Content or that enforce limitations on use of the Platform. If You use the Platform in violation of these Terms, the Company may terminate Your license to use it, at any time and without prior notice.

Rules of Conduct (how to behave while using the Platform)

While using the Platform and participating in an Activity , you must conduct yourself in a lawful and respectful manner in accordance with our rules of conduct below. Without derogating from any of Company’s other legal resources, We may take legal action and/or temporarily or permanently ban users who violate these rules:

- Profanity, obscenities, or the use of **asterisks** or other “masking” characters to disguise such words, is not permitted.

- You may not use or upload obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind, as determined by Us in our sole discretion.

- Usernames will be displayed as ‘Your Name’; impersonating other Users is not allowed.

- Do not share personal information (Your name, phone number, home address, and password) with other Users.

- Do not transmit or upload any copyrighted or trademarked materials in messages or postings.

- Information disclosed in chat rooms, message boards, gameplay dialogue or via eMessages is revealed to the public, and neither we, nor our partners, is responsible for information you choose to disclose to others.

- Advanced fonts, java, tables, html or other programming codes or commands are not allowed in messages.

- You may not commit fraud on the Platform.

- You may not attempt to impersonate or deceive another user for the purposes of illicitly obtaining cards, passwords, account information etc. (aka “scamming”).

- You are not allowed to use any “cheats”, codes or any other cheating method granting advantage or otherwise in the Activities.

Use of the Platform’s Chat

1. The Platform includes a chat (“Chat”) which you may use for contacting with other Users of the Platform. Any publications you make in the Chat will be public and other Users of the Platform will be able to view it. Company has no responsibility and no liability for the content published in the Chat by its Users and for Users activities and identity in the Platform. You are solely responsible and liable for the actions made by your User Account in the Chat.

2. The Chat is intended for sharing information relevant and suitable for the purpose of the Platform. We strongly advise you not to publish any sensitive information in the Chat, such as, for example and without limitation, credit card details.

3. Without derogating from these Terms, and without limitation, You are not allowed to: (1) insult, harass, threaten and violate any right of others in any way; (2) publish or upload any offensive or illegal content; (3) upload files containing software or materials which violate third party’s intellectual rights; (4) upload files containing viruses, trojan horses or any other malicious software; (5) to impersonate or act in the name of any other person or entity or allow any other person or entity to use your User; (6) to make spam activities.

4. You hereby grant Company a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display the information you upload to the Chat for the purpose of performing the Platform’s services and for publicizing and promoting Company and/or the Platform.

Winnings, Account Funds, Prizes and payments

1. In order to participate in certain Activities, you are required to pay with Tickets or Coins. Such Tickets or Coins are either grated to you at registration to the Platform, or earned by you in an Activity. You can also purchase Coins and convert them to tickets.

2. When agreeing to participate in an Activity, you also agree to pay the Tickets or Coins required for participation, as published by the Organizer.

3. You are solely responsible and liable for all payments made under your User Account. Prices at the Platform may be changed by us at any time without prior notice. However, such changes would not affect your past purchases.

4. You hereby acknowledge that we reserve the right to change, at our sole discretion, without giving you prior notice any withdrawal related rules, including the minimum withdrawal amount, withdrawal methods and withdrawal fees.

5. Company reserves the right to cancel Activities at any time. In the event of a cancellation, all Tickets paid for participation will be refunded to you except as specifically provided in these Terms or applicable rules.

6. You must provide true, up to date and accurate billing information when making any payment. By providing us with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize us to charge you for your use of the Platform using your payment method.

7. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your account, forfeiture of winnings, and pursuit of civil litigation and/or criminal prosecution.

8. If you believe that you have paid any fees in error, you must notify us within 30 days after the error occurs. We will then promptly investigate the charge. If we identify a fee error, we will correct that error within 90 days. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation reasonable attorneys' fees and other legal fees and costs.

9. You are solely responsible for recording, paying, and accounting to any relevant government, taxation, or other authority for any tax or other levy that may be payable on any winnings paid to you. Without limiting the foregoing, we may withhold from your existing account balance and/or from future winnings any amount required to be withheld by applicable laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all applicable laws.​

10. Upon your winning or request for withdrawal we may need to verify your identity and your compliance with the Terms, therefore we may ask you for proofs and identifying information. You hereby agree to cooperate in such attempts of verification. Failure to provide the required information may result in our inability to process your withdrawal for any winnings.

11. Company reserves the right to issue or process withdrawals solely via payment methods supported by us.

12. In cases of granting prizes by accidents we reserve the right to require the return of the prize, and you hereby agree to cooperate with us.

13. Tickets and Coins granted to you not as a consequence of winning an Activity cannot be withdrawn.

14. You may request a withdrawal of funds from your available User Account balance at any time. Processing of requested funds may take up to ten (10) days; provided, however, that we may freeze your User Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse or fraud, verification of eligibility, or to comply with applicable laws.

15. If you wish to close your User Account, any funds in your User Account will be forfeited. If you want to withdraw funds from your User Account before closing it, you must request to do so prior to terminating your User Account. If we unilaterally close or terminate your User Account due to your violation, as determined in our sole discretion, of these Terms, funds in your User Account may be forfeited and not returned to you, depending on the circumstances and at our sole discretion.

16. We reserve the right to unilaterally terminate your User Account in case of it being inactive for a period of 3 months or more. In such a case we will notify you by a written notice of our intention to terminate your User Account, providing you at least 30 days from the date of sending this notice to respond.

Use of Information and Promotional Activities

1. By using the Platform, You agree that Company may display, share, broadcast, publish, print, worldwide, in any media and at any time Your username, gameplay data and statistics, tournament records and any other information with regard to Your gaming activity on the Platform. In addition, the Company may also display, share, broadcast, publish, print, worldwide, on the Platform or in any media and at any time, any Competitions, logos or other information provided by You to the Platform pertaining to the organization of Activities provided by You as an Organizer. Company may also use the above mentioned information for promotional, marketing or related purposes without additional compensation.

2. If You submit or transmit audio, video, or text materials to the Platform, including, but not limited to, comments, question, suggestions, drawings, computer programs or other content (collectively "Submissions"), You grant Us and Our affiliates, partners and distributors, a non-exclusive, worldwide, royalty-free, perpetual, fully sub-licensable license, to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate and create derivative works of those Submissions, in any form, media, or technology, for the purpose of developing and marketing the Platform. You hereby waive, to the fullest extent possible under applicable law, any moral rights You may have to such Submissions.

3. You represent and warrant that You have all rights necessary to grant Company and its affiliates the license in Section 7.2 above and that none of Your Submissions are defamatory, violate any rights of third parties, including, without limitation, any intellectual property rights, or violate applicable laws.

Intellectual Property

The code of the Platform (both in human and machine readable forms) and its design (the “Code”), and all of the content contained in the Platform, which includes the Platforms’ design (functional, graphic, UX and UI), logos, text, graphics, images, illustrations, designs, icons, photographs, video clips, audio, and other content materials (collectively, the "Content") are protected by patents, copyrights, trademarks, trade secrets and/or any other intellectual property rights under any applicable laws. The Code and the Content together form the “Platform Materials”. All intellectual property rights in the Platform Materials are owned by the Company (or licensed to the Company by third parties who own those rights). The Company does not grant to You any express or implied rights to use the Platform Materials, other than as expressly allowed under the section “Your Permitted Uses”.

Third Party Applications

The Platform contains links to third party websites, games  , services, and applications that are not owned, operated or controlled by Us. We do not control, recommend or endorse and are not responsible for these websites or applications or their content, products, services or privacy policies or practices. We are not responsible for, and do not control, the content, security, or privacy practices employed by any third party websites, services, or applications. In no event shall we be liable, directly or indirectly, to You or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the third-party websites, games, services, or applications, or the information or material accessed through these third party websites, games, services, or applications. If You decide to access any other website, games or application linked to or from the Platform, You do so entirely at Your own risk and subject to the terms and conditions of use for such third party websites, games, services, or applications.

We partner with Tebex Limited (www.tebex.io), who are the official merchant of digital content produced by us. If you wish to purchase licenses to use digital content we produce, you must do so through Tebex as our licensed reseller and merchant of record. In order to make any such purchase from Tebex, you must agree to their terms, available at https://checkout.tebex.io/terms. If you have any queries about a purchase made through Tebex, including but not limited to refund requests, technical issues or billing enquiries, you should contact Tebex support at https://www.tebex.io/contact/checkout in the first instance.

Disclaimer

The Platform is provided as is. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any promises or representations that using the Platform will lead to certain results or achievements, and Company disclaims any warranties, express or implied, relating to any such outcomes. Company does not guarantee that the Platform will be free of bugs, security breaches, or virus attacks. The Platform may occasionally be unavailable for routine maintenance, upgrading, or other reasons. You agree that Company will not be held responsible for any consequences to You or any third party that may result from technical problems of the internet, slow connections, traffic congestion or overload of Our or other servers. We do not warrant, endorse or guarantee any content, product, or service that is featured or advertised on the Platform by a third party.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMPANY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, OR (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE PLATFORM EXCEED ONE HUNDRED US DOLLARS ($100). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY IN CASES SUBJECT TO SUCH STATES’ LAW.

YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SERVICES OR OTHER PROPERTIES OWNED OR CONTROLLED BY COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE PLATFORM, OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

Platform Changes and Modifications

Company will make reasonable efforts to keep the Platform operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Company may at its discretion, or as a result of technical, security, or legal or regulatory reasons, from time to time change the Platform or Platform Materials without any notice, provided however that it shall maintain a consistent level of functionality and benefit as reasonably expected from the Platform.

Terms Modifications

Company may revise these Terms at any time and notification thereof shall be provided in accordance with Your app store policies.

Refunds

Should you have any request for a refund, please send it to us within 30 days from the occurrence of the disputed transaction to support@playmobius.com. In general, Company does not give any refunds, apart from as required under applicable law.

Privacy

Our Privacy Notice is an integral part of these Terms, and it describes how We process and use Your personal data.

Term and Termination

These Terms are effective until terminated by Company or You. Company, in its sole discretion, has the right to terminate these Terms and/or Your access to the Platform, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Company shall not be liable to You or any third party for termination of the Platform, or any part thereof. If You object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Platform in any way, Your only recourse is to immediately discontinue use of the Platform. Upon termination of these Terms, You shall cease all use of the Platform.

You may, at any time, request to terminate your Account by contacting us via our Support channel on Discord. Please note that merely uninstalling the Platform won't delete Your User Account and its details.

Upon termination of these Terms or Your User Account, for any reason, Your right to use the Platform and the services we provide is terminated and You must immediately cease using the Platform; and we will not be liable to You for termination of access to the Platform.

Independent Contractors

You and Company are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between You and Company. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Company.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You but may be assigned by Company without restriction or notification to You.

Governing Law

Any claim relating to the Platform or these Terms shall be governed exclusively by the laws of the State of Israel, without regard to its conflict of law provisions. The Parties hereby submit to the exclusive jurisdiction of the competent courts of Tel-Aviv Jaffa, Israel.

Language

You acknowledge that these Terms, and all related documents (including any rules and the privacy policy) have been prepared in English. If these Terms are translated into another language, the English language text shall in any event prevail.

Communications

You agree to receive from us electronic communications through e-mail, web notifications and notices in the Platform. You agree that such electronic communications satisfies any legal requirements for a written notice.

General

These Terms shall constitute the entire agreement between You and the Company concerning the Platform. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a Party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Contacts

Company’s address is 30, Ibn Gabirol st, Tel Aviv. For any question, query, or complaint, You may contact us at support@playmobius.com