Terms of Use

Applicable from: 14.06.2023.

These Terms of Use (hereinafter referred to as “Terms”) specify the general terms of use of the ‘Eternal Harvest’ Game (hereinafter referred to as the “Game”) and the related website at https://eternalharvest.app/ (hereinafter referred to as the “Website”) operated by ANUIN S.R.L. as service provider (hereinafter referred to as the “Service Provider” or “We”) and any services provided by the Service Provider.

Please only use our services if you agree with all of the provisions of these Terms and accept them as binding.

This document will not be registered, it will only be accepted in electronic form and it is not considered a written contract. The language of the contract is English.

The Service Provider shall have the right to unilaterally amend these Terms by making the changed version available on the Website. Any amendments shall come into force when published and shall be binding thereafter.

Chapters:

I. DATA OF THE SERVICE PROVIDER

II. GENERAL TERMS, APPLICABLE LAW

III. THE GAME

IV. CONCLUSION OF THE AGREEMENT, CORRECTING INPUT DATA

V. TERMINATION OF THE AGREEMENT

VI. TERMS OF PAYMENT

VII. NO WITHDRAWAL

VIII. WARRANTY

IX. LIABILITY

X. COMPLAINT-HANDLING

XI. REMEDIES

XII. MISCELLANEOUS

I. Data of the Service Provider

Company name: ANUIN S. R. L.

Registered and postal address: 2120 Dunakeszi, Petőfi Sándor utca 16., Hungary

Tax No: 27347825-2-13

Registration No: 13-09-204502

Registered by: the Company Registry Court of Pest County

Data of the storage provider:

Contabo GmbH.; Aschauer Str. 32a, 81549 München, Germany, https://contabo.com;

II. General terms, applicable law

2.1. Parties hereby agree that Hungarian law shall be applicable and Hungarian courts shall have competence in respect of the agreement concluded in accordance herewith. In any matters not specified herein and for the interpretation of these Terms, the laws of Hungary shall be applicable without respect to its conflict of laws provisions. The respective provisions of the law shall be applicable even without explicit provisions thereon in the agreement.

2.2. To use the Service Provider’s services, their users (hereinafter referred to as the ‘Users’) must acknowledge that they know these Terms and accept them as binding. Should the User not accept these Terms, he/she may not use the services of the Service Provider.

2.3. Users will be informed on any relevant features of the services on the Website and in the guide of the Game. 

2.4. Personal data provided by the User to the Service Provider shall be processed in accordance with the Privacy Policy. Please read the Privacy Policy before providing any information to the Service Provider.

2.5. Minors (persons under the age of 18) are not permitted to access the Website.

III. The Game

3.1 The detailed description of the Game and the user’s manual may be found in the Game.

3.2 The Service Provider shall have the right to make changes to the Game anytime.

3.3 Subject to this Agreement, and in consideration of the User's payment of the fees for some functionalities, the Service Provider grants the User, and User agrees to comply with, a non-sublicensable, non-transferable, non-exclusive, terminable, limited license to use and run the Game.

IV. Conclusion of the agreement, correcting input data

4.1. Upon the acceptance of these Terms by the User, Parties enter into an agreement upon which the Service Provider shall provide a licence for the Game and other services.

4.2. The period of the agreement is indefinite.

4.3. Input data may be corrected by the User when filling out the registration sheet. Please check the content of the registration sheet thoroughly. The Service Provider hereby excludes any liability of any kind whatsoever for the User providing incorrect, incomplete, or false data.

V. Termination of the agreement

5.1. The agreement of the Parties may be terminated by the User upon deleting the User’s account at any time without cause.

5.2. Should the User breach these Terms, the Service Provider shall have the right to unilaterally and immediately terminate the agreement and the User’s access to the Game. In case the Service Provider immediately terminates the Agreement, the User may not use the services again, the Service Provider may deny access or a new registration by the User.

5.3. No refunds shall be made upon the termination of the agreement even if the agreement is terminated before the end of a subscription period.

VI. Terms of payment

6.1 Fees include any taxes payable in respect of the concerned transaction.

6.2 Fees are always posted on the Website.

6.3 Payment may be made via MetaMask. MetaMask has its own terms and conditions, which the User can read and accept upon registration there.

VII. No withdrawal

7.1. Users who can be considered consumers (any natural person acting for purposes which are outside his trade, business or profession) may have the right to withdraw the agreement within 14 days as of accepting these Terms. Parties hereby explicitly agree and the User, by accepting these Terms, explicitly requests from the Service Provider that the Service Provider forthwith commence its services before the lapse of the 14 days’ withdrawal period. Because of this, even Users who may be considered consumers could have the right to immediately terminate the agreement, instead of the right of withdrawal, which may be exercised by the deletion of the account. In respect of digital data content not provided on data carriers, and services being fully provided, even users who could be considered consumers may not withdraw from or terminate the agreement because of the request or declaration above in accordance with the law.

VIII. Warranty

8.1. For free services, the Service Provider shall not have any warranties or guaranties whatsoever.

8.2. The Service Provider shall be entitled to suspend the operation of the Game or the Website for maintenance.

8.4. In case the Service Provider does not provide its services, for which the User pays any fees, in accordance with the agreement, the User may make warranty claims against the Service Provider.

8.5. Should the User experience that the Game cannot be used for any reason attributable to the Service Provider, he/she shall forthwith contact the Service Provider and make a claim. The User shall let the Service Provider know of the error without delay after uncovering it. Warranty claims shall lapse after 1 year. The User shall prove that the error has occurred by the time of performance. Given the nature of the services, warranty claims may be repair or withdrawal.

IX. Liability

9.1. To the extent allowed by law, the Service Provider hereby excludes any liability for damages caused directly and/or indirectly by the use of the Game and/or the result thereof including but not limited to the damages caused by and/or arising from the following:

- any activities of the User and other users;

- inability to use the Game;

- any inaccuracy, flaw, or obsoletion of any information on the Website,

- acts or omissions of any third parties, or your transactions or any other interaction with any such third parties or third-party software.

9.2. The Service Provider hereby excludes liability for any direct, indirect, incidental, consequential, punitive or non-pecuniary damages arising from the use or failure to use of the Game to the greatest extent allowed by law.

9.3. The Service Provider shall not be liable for any of the following, arising out of any reason whatsoever:

- Non-arrival or random change of any data sent and/or received on the internet.

- Any operational failures of the internet network preventing the smooth operation of the Game or the Website.

- Any breakdowns of any receiving devices or communication lines.

9.4. Any limitation or exclusion of liability in this chapter shall not be applicable if the limitation or exclusion is prohibited by law.

9.5. The User shall, at his/her own expense, provide the tools and internet connection with proper bandwidth necessary for the use of the service. The Service Provider recommends the use of a firewall and virus protection.

9.6. The Service Provider takes no liability for the actions, services and operation of third parties, such as Stripe.

9.7. The User shall be liable for keeping his/her access data safe.

X. Complaint-handling

10.1. Complaints may be submitted to the Service Provider at the contacts above.

10.2. Oral complaints shall be investigated immediately and shall be remedied if necessary. If the consumer does not agree with the handling of his or her complaint or it is not possible to investigate the complaint immediately, the Service Provider shall make a report of the complaint and of its opinion of the complaint and shall, for an oral complaint submitted in person, deliver a copy of the report to the consumer, and shall, for an oral complaint submitted over the telephone or via an electronic communications service, send a copy of the report to the consumer not later than when sending its response on the merits regarding written complaints and the Service Provider shall act according to the rules on written complaints in other aspects.

10.3. The Service Provider shall prepare a written response on the merits of the complaint and arrange for its communication to the consumer within thirty days after the receipt of the complaint. The Service Provider shall provide the reasoning for its rejection of a complaint and inform the consumer on his or her right for remedies. Recorded complaints shall include the name and address of the person making the complaint and the description of the complaint. The Service Provider shall be obliged to keep the report of the complaint and a copy of the response for three years and shall present those to the controlling authorities at their request.

XI. Remedies

11.1. Parties hereby stipulate the jurisdictions of the II and III District Court of Budapest and the County Court of Budapest depending on their competence to which jurisdiction the parties hereby irrevocably submit.

11.2. An online dispute resolution platform may be found at http://ec.europa.eu/odr , with its terms of use.

11.3. Consumers may turn to the Hungarian conciliation boards, the list of which may be found at: https://mkik.hu/a-bekelteto-testuletek-teruleti-honlapjai

XII. Miscellaneous

12.1. Any content on the Website, including inter alia the software of the Game, is protected by copyright and intellectual property rights, any use or utilization of it or any parts thereof or of the software, graphical, video, database and other artworks, texts, trademarks, trade names on the Website without permit in any form or for any purpose not complying with these Terms is prohibited.

12.2. Should any provision of these Terms be found invalid by a court, the invalidity shall not affect the validity of other provisions, which shall remain valid.