Terms of Service

Last updated: December 23, 2024

Agreement to Terms

These Terms of Service ("Terms") govern your use of PLLAY Enterprise's gaming infrastructure platform and services ("Services") operated by PLLAY Labs Inc. ("we," "our," or "us"). By accessing or using our Services, you agree to be bound by these Terms.

If you disagree with any part of these Terms, then you may not access our Services.

Service Description

PLLAY Enterprise provides gaming infrastructure services including:

  • Tournament management APIs and infrastructure
  • Payment processing and financial compliance frameworks
  • Gaming analytics and performance monitoring
  • User authentication and security services
  • Developer tools and SDK integrations
  • Enterprise-grade compliance and KYC solutions

Account Registration

To access our Services, you must create an account and provide accurate information:

  • You must be at least 18 years old to create an account
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must provide accurate, current, and complete information
  • You are responsible for all activities that occur under your account
  • You must notify us immediately of any unauthorized use of your account

Acceptable Use

You agree to use our Services only for lawful purposes. You may not:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit harmful, offensive, or illegal content
  • Attempt to gain unauthorized access to our systems
  • Use our Services to compete directly with us
  • Reverse engineer or attempt to extract source code
  • Engage in fraudulent activities or money laundering
  • Violate gaming regulations or industry standards

Payment Terms

Billing and Payments

  • Subscription fees are billed monthly or annually in advance
  • API usage charges are billed monthly based on actual usage
  • All payments are non-refundable unless otherwise specified
  • Prices are subject to change with 30 days' notice

Late Payments

  • Late payment fees may apply to overdue accounts
  • Services may be suspended for accounts 30+ days overdue
  • We reserve the right to terminate accounts with repeated late payments

Service Level Agreement

We strive to provide reliable services with the following commitments:

  • Uptime: 99.9% availability for paid plans (99.99% for Enterprise)
  • Support: Response times vary by plan tier
  • Maintenance: Scheduled maintenance with advance notice
  • Data Security: SOC 2 Type II compliant infrastructure
  • Backup: Regular data backups and disaster recovery

Intellectual Property

Our Rights

PLLAY Enterprise and its Services are protected by intellectual property laws. We retain all rights, title, and interest in our platform, APIs, documentation, and related materials.

Your Rights

You retain ownership of any content, data, or applications you create using our Services. You grant us a limited license to use your data to provide Services.

License to Use

We grant you a limited, non-exclusive, non-transferable license to use our Services in accordance with these Terms.

Data Protection and Privacy

Your privacy is important to us. Our data practices are governed by our Privacy Policy, which forms part of these Terms:

  • We collect and process data as described in our Privacy Policy
  • We implement appropriate security measures to protect your data
  • We comply with applicable data protection regulations (GDPR, CCPA)
  • You have rights regarding your personal data as outlined in our Privacy Policy

Compliance and Regulations

Gaming and financial services are highly regulated industries. You agree to:

  • Comply with all applicable gaming regulations in your jurisdiction
  • Implement appropriate KYC and AML procedures
  • Obtain necessary licenses and permits for your operations
  • Cooperate with regulatory investigations when required
  • Maintain appropriate records and documentation
  • Report suspicious activities as required by law

Limitation of Liability

To the maximum extent permitted by law:

  • Our liability is limited to the amount you paid for Services in the 12 months preceding the claim
  • We are not liable for indirect, incidental, or consequential damages
  • We do not guarantee uninterrupted or error-free service
  • You use our Services at your own risk
  • Some jurisdictions do not allow liability limitations, so these may not apply to you

Indemnification

You agree to indemnify and hold harmless PLLAY Enterprise, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our Services, violation of these Terms, or violation of any third-party rights.

Termination

Termination by You

You may terminate your account at any time by contacting our support team. You remain responsible for all charges incurred up to the termination date.

Termination by Us

We may terminate or suspend your account immediately if you:

  • Violate these Terms or our Acceptable Use Policy
  • Fail to pay fees when due
  • Engage in fraudulent or illegal activities
  • Pose a security risk to our platform or other users

Dispute Resolution & Arbitration

Important Notice

This section contains mandatory arbitration and class-action waiver provisions that affect your legal rights.

Binding Arbitration Agreement

Except as provided below, any dispute, controversy, or claim arising out of or relating to these Terms or the Services will be resolved exclusively through binding arbitration rather than in court. This includes claims arising before these Terms took effect.

Arbitration Rules & Venue

  • Arbitration Organization: American Arbitration Association (AAA) under its Commercial Arbitration Rules
  • Venue: All arbitrations will take place in New York, New York, United States
  • Governing Law: New York state law will govern the arbitration proceedings
  • Language: All proceedings will be conducted in English
  • Single Arbitrator: Disputes will be heard by a single neutral arbitrator
  • Final Decision: The arbitrator's decision is final and binding, with very limited appeal rights

Arbitration Fees & Costs

  • Filing Fees: You are responsible for initial AAA filing fees up to $200; PLLAY will pay any excess
  • Arbitrator Fees: PLLAY will pay all arbitrator fees for claims under $75,000
  • Administrative Costs: Each party pays their own attorney fees unless awarded by the arbitrator
  • Fee Waiver: If you cannot afford arbitration costs, contact us at legal@pllay.me for fee waiver consideration

Class Action Waiver

IMPORTANT: You and PLLAY agree that disputes must be brought in individual arbitration only, not as part of a class action, collective action, or representative proceeding.

  • No class arbitrations, class actions, or representative actions are permitted
  • You cannot join your claim with another person's claim
  • You cannot act as a representative for other users in any arbitration
  • If a court determines any part of this waiver is unenforceable, the entire arbitration agreement becomes void

Exceptions to Arbitration

The following disputes are NOT subject to arbitration and may be pursued in court:

  • Small claims court actions for individual claims under applicable monetary limits
  • Disputes about the validity, scope, or enforceability of this arbitration agreement
  • Claims seeking emergency equitable relief (injunctions, restraining orders)
  • Intellectual property disputes involving trademarks, copyrights, or patents

30-Day Opt-Out Period

You have 30 days from account creation to opt out of this arbitration agreement.

To opt out, you must:

  1. Send written notice within 30 days of creating your account
  2. Include your full name, account email, and clear statement of opt-out intent
  3. Send notice to: arbitration-optout@pllay.me
  4. Subject line must include: "Arbitration Opt-Out Request"

Important: Opt-out notices sent after the 30-day period will not be accepted. If you opt out, you can still resolve disputes through court proceedings, but PLLAY can also opt out and pursue claims against you in court.

Informal Dispute Resolution

Before initiating arbitration, both parties agree to attempt informal resolution:

  • Contact our support team at support@pllay.me with a detailed description
  • Allow 60 days for good-faith negotiations to resolve the dispute
  • Only after this period may arbitration proceedings begin
  • This requirement does not apply to emergency situations requiring immediate relief

Governing Law

These Terms are governed by the laws of New York, United States, without regard to conflict of law principles. Any legal action not subject to arbitration must be brought in the state or federal courts located in New York, New York.

Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through our platform. Your continued use of our Services after the changes take effect constitutes acceptance of the new Terms. Changes to the arbitration provisions will not apply to disputes that arose before the change.

Contact Information

If you have questions about these Terms of Service, please contact us:

Email: legal@pllay.me

Support: support@pllay.me

Arbitration Opt-Out: arbitration-optout@pllay.me

Mailing Address:
PLLAY Labs Inc.
Legal Department
[Address to be provided]