Moonton Games - End User License Agreement

WHO ARE WE? We’re Vizta Pte. Ltd., better known in some jurisdictions as “Moonton”, together with our affiliates and subsidiaries (collectively referred to as “Moonton”). We are the publisher behind the global blockbuster game Mobile Legends: Bang Bang and bold titles like Magic Rush: Heroes, Magic Chess: Go Go, Watcher of Realms.

COMPANION APPS: In addition to our wildly popular game titles, we also develop companion apps and services for our player community. For example, we create apps that let you chat, connect, and share with other players of our games, as well as apps that let you make purchases, send or receive funds, or manage balances and digital transactions for our games. We hope to release lots of apps in the future as our gaming community grows and develops new interests. Each of our companion apps, and its related website, software, content, and online service, is referred to as a “Companion App”.

HOW THIS WORKS: This End User License Agreement (“EULA”) sets the legal terms for how our Companion Apps can be used. When you use one of our Companion Apps, you’re entering into a contract with us. This EULA is a legally binding agreement between you and Moonton. If you don’t agree to this EULA, then don’t use our Companion Apps. If you click to accept this EULA, or if you keep using a Companion Apps after reading this, you’re telling us that you accept this EULA and agree to be bound by it.

HEADS UP: This EULA includes a binding arbitration clause and a class action waiver. That means most disputes between you and Moonton will be handled by arbitration, not in court, so you won’t get a jury trial. You’re also giving up the right to participate in class actions that may be brought against Moonton in the future. All of this is discussed in greater detail below, but the basic concept is that you can’t bring claims against us in court; you have to use confidential arbitration (on an individual basis) to resolve all claims. We wanted to flag this upfront, in case it’s a dealbreaker for you.

PARENTAL CONSENT: If you are under the digital age of consent in the jurisdiction where you live, your parent or guardian must accept this EULA before you can access or use any of our Companion Apps. The digital age of consent is the minimum age at which a person is legally permitted to consent to the collection and processing of their personal data online without parental involvement. This age varies by country, but in many places it is between 13 and 16 years old. If you are unsure whether you have reached the digital age of consent in your jurisdiction, you should ask a parent or guardian to review and accept this EULA on your behalf to be on the safe side. If we determine that a user has not met the digital age of consent and does not have valid parental consent, we may disable the user’s account for all Companion Apps. Attention Parents and Guardians: By clicking to accept this EULA or allowing a minor to access or use a Companion App, you accept and agree to be bound by this EULA for yourself and on behalf of the minor. You also assume responsibility for all use of the Companion App and compliance with this EULA by the minor, including responsibility for purchases and transfers made by the minor using a Companion App or related account.

TERMS OF USE FOR OUR GAMES: This EULA that you’re reading now applies only to our Companion Apps. There are other terms of use that apply to our games, like Mobile Legends: Bang Bang, Magic Rush: Heroes, Magic Chess: Go Go, Watcher of Realms. The terms and conditions applicable to the use of our games (which we call the “Game Terms” and which can be found here also apply to our Companion Apps. In order to make this document shorter and easier to read, we will not repeat everything that’s in our Game Terms. But by accepting this EULA, you are also accepting and agreeing to be bound by the broader, more comprehensive Game Terms that apply to all of Moonton’s games, apps, and other products and services. If there is a conflict between this EULA and the Game Terms or any other terms or conditions applicable to the Companion Apps, then the terms and conditions that are the most protective of Moonton will apply.

RIGHTS GRANTED TO YOU: If you accept this EULA and follow its terms and conditions, we will grant you a non-exclusive, limited license to install and use the Companion App for your own non-commercial use. This license is non-transferable by you and revokable by us. What this means is that you have the right to use the Companion App for free, but you can’t give this right to someone else. It also means that we can, where permitted by law, terminate your license to use the Companion App at any time and for any reason (or no reason at all).

OWNERSHIP OF COMPANION APPS: You acknowledge and agree that the Companion Apps are and will remain our sole and exclusive property. You do not acquire any ownership or property rights in a Companion App through your use of the Companion App, and you may only use a Companion App as expressly licensed under this EULA. You further agree not to contest, challenge, or otherwise interfere with our ownership or other rights in a Companion App or assist any third party in doing so.

CODE OF CONDUCT: The same code of conduct that applies to our games also applies when you use a Companion App. Our code of conduct is available here (“Code of Conduct”) and applies to your behavior in chat, voice, video, group spaces, and all other features of a Companion App. It also applies to everything you create, share, post, or upload using a Companion App, including messages, images, videos, usernames, group names, and links. You are responsible for your activity and your content on a Companion App, and any content that violates the Code of Conduct or applicable law may be removed, with Companion App accounts subject to restriction, suspension, or termination. By using a Companion App, you agree that we may review, moderate, remove, or restrict your content and access it as needed to enforce these rules and maintain a safe user community.

RESTRICTIONS ON USE OF A COMPANION APP: You agree not to use a Companion App in a way that violates the law, this EULA, the Game Terms, or the Code of Conduct. In particular, you agree not to use a Companion App for any commercial purpose. In addition, you agree not to use a Companion App or its communications or content distribution features: (1) to impersonate other players of our games, Moonton staff, celebrities, or any other person or entity, misrepresent your identity, or engage in fraudulent activity; (2) to engage in or promote unlawful, harassing, abusive, or hateful conduct; or (3) in a way that is sexually explicit, defamatory, or otherwise objectionable (in each case, as determined by us).

ACCOUNT CREATION, LOGIN, AND AUTHENTICATION: You agree to provide accurate information to us when signing up for a Companion App and creating your account. You further agree to update that information so that it remains current at all times. You are solely responsible for maintaining the security of your login credentials for a Companion App and for any activity that occurs under your account. We are not responsible for any loss resulting from your failure to properly secure or maintain your account or login credentials. You may not sell, rent, loan, trade, gift, or otherwise transfer your account for a Companion App or its login credentials. We may suspend or terminate access to a Companion App if we reasonably believe that your account has been compromised or is being used in violation of this EULA, the Game Terms or the Code of Conduct.

PAYMENT SERVICES: A Companion App may allow you to purchase digital content or services, send or receive funds, hold a balance, or otherwise make a payment transaction (the “Payment Services”). Payment Services allow you to fund transactions using available payment methods such as debit or credit cards, bank transfers, mobile billing, digital wallets, prepaid gift cards, or stored balances. Payment methods may vary by location and may be provided or processed by third parties. By making a transaction using a Companion App, you authorize the charge to your selected payment method. Some features of a Companion App may allow you to hold a stored balance. Stored balances are not bank accounts. They are not insured and do not earn interest. Stored value may only be used within the Payment Services unless otherwise stated. All purchases and transfers made using a Companion App are final except where required by law or expressly stated otherwise. You are responsible for confirming transaction details before completing a payment or making a transaction. You must promptly report any mistaken or unauthorized transactions. Fees, exchange rates, or other charges may apply. These will be disclosed before you complete a transaction. If you have questions or need help with a transaction, contact mythpalz@moonton.com.

PAYMENT SERVICES AND ANTI-MONEY LAUNDERING: When using a Payment Service, you may be required to provide additional information to verify your identity or a transaction. Transactions may be delayed, limited, or blocked if there are concerns about fraud, security, or compliance with law. We reserve the right to monitor all transactions involving a Companion App and may, without notice or liability to you, limit transactions and report suspicious activity to relevant law enforcement agencies. You agree not to use the Payment Services for any unlawful or fraudulent purpose. This includes unauthorized transfers, chargeback abuse, use of stolen payment methods, or attempts to interfere with the security or integrity of the Payment Services. If a payment is reversed, disputed, or charged back, your account may be debited or restricted. We may recover amounts owed using your available balances or other lawful means. Access to the Payment Services may be suspended or terminated if this EULA is violated, if required by law, or if there is suspected fraud or misuse. This may include limiting access to balances or transactions while an issue is investigated. We may change the features, payment methods, and availability of a Payment Service at any time without liability to you. You agree not to bypass, or attempt to bypass, any security features or controls included in a Payment Service or a Companion App.

THIRD PARTY SERVICES: Some features or services available through a Companion App (such as Payment Services) may be provided by third parties. Access to those features or services may require you to accept separate terms and conditions presented by the third-party provider. A Companion App may include tools that allow you to connect your Moonton account to third-party services. Those third-party features and services are not controlled by Moonton, and we are not responsible for their availability, performance, security, or content. Your use of third-party features and services is at your own risk. If you have a dispute or issue with a third-party provider, you agree to resolve it directly with that provider and not with Moonton.

TAXES: You are responsible for all taxes, duties, levies, or similar charges that apply to your use of the Payment Services or any transaction you make using a Companion App. This includes sales tax, value-added tax (VAT), goods and services tax (GST), and any similar taxes required by law. Prices shown may not include taxes unless stated otherwise. Where required, applicable taxes will be calculated and charged at the time of the transaction. You agree that Moonton or its third-party payment providers may collect and remit taxes on your behalf where required by law. You are also responsible for any taxes that are not collected at the time of the transaction, as well as any reporting or filing obligations that apply to you. If you receive funds through a Payment Service, you are responsible for determining and paying any taxes that apply to those receipts. We may provide transaction records or reports, but these are for your convenience only and should not be relied on as tax advice.

USER GENERATED CONTENT: A Companion App may allow you to create, upload, or share content such as text, images, video, audio, gameplay clips, or other content or materials (“User Generated Content” or “UGC”). You are responsible for any UGC you create, upload, or share, and you must ensure that all of your UGC complies with this EULA, the Game Terms, the Code of Conduct, and applicable law. You may not create, upload, or share UGC that is illegal, infringing, defamatory, obscene, harassing, hateful, or otherwise violates the rights of others. In particular, you must not create, upload, or stream UGC that infringes the intellectual property rights, privacy rights, or publicity rights of any person or entity. We reserve the right (but have no obligation) to review, remove, or disable access to any of your UGC at any time, in our sole discretion, without notice or liability to you. If your UGC includes or makes use of any content from a Companion App or content from one of our games (for example, characters, artwork, music, storylines, or other elements of a game), then you agree that all intellectual property and other rights in that UGC will be owned exclusively by Moonton. In that case, Moonton grants you a limited, personal, non-exclusive, non-transferable, and revocable license to use and share that UGC for non-commercial purposes only, such as your personal enjoyment or sharing with friends. If your UGC does not include or make use of any of our game content or any content from a Companion App, then you retain ownership of that UGC, but if you create the UGC with our tools or apps, or share it using our platforms or services, then you grant Moonton a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up license (with the right to sublicense) to use, reproduce, distribute, adapt, modify, publicly display, publicly perform, and otherwise exploit that UGC in any manner and for any purpose, including for commercial purposes. To the maximum extent permitted by law, you waive all moral rights you may have in your UGC, including any rights of attribution, integrity, withdrawal, or objection to modification, and you agree not to assert such rights against Moonton or its licensees.

CHANGES TO A COMPANION APP: We may modify, update, suspend, or discontinue any Companion App, Payment Service, or other feature at any time, which may include changes to functionality, user interfaces, available features, or how services are offered. If changes affect stored balances, we will take reasonable steps to ensure that any remaining balance can still be used within the Payment Services or, where required by law, returned or transferred through a reasonable process, but access to certain payment features may be limited or discontinued as part of a change. Changes may also affect community and social features such as chat, group spaces, and content sharing. We have no obligation to save, store, maintain, or transfer any chat history or other UGC, which may be deleted or become unavailable at any time. You should keep your own copies of any content or UGC you want to retain. Continued use of the Companion Apps or Payment Services after changes are made means you accept those changes.

CLOSING YOUR ACCOUNT: You may close your account for a Companion App at any time, for any reason, by following the account closure instructions provided in the Companion App. Closing your account is permanent, and once complete, you will lose access to your account, username, avatar, and any chat histories, community posts, personal identifiers, or other assets associated with your account, with no option for recovery or backup. We may suspend or close your account if you violate this EULA, the Game Terms, or the Code of Conduct, engage in cheating, fraud, or other harmful conduct, fail to comply with applicable laws, or if, in our opinion, continued operation of your account would be unlawful or harmful to the community or to Moonton’s business interests or reputation. In serious cases, enforcement may extend across all Moonton games, products, and services. Once your account is closed (whether by you or by Moonton) your access to the Companion App is terminated. Some data associated with your account may be retained for a period of time as necessary for legal, regulatory, security, or backup purposes, as further described in our Privacy Policy. You acknowledge that closing your account does not necessarily remove UGC that you have already made public (such as forum posts, or chats), which may remain visible to other players.

FEEDBACK AND GOOD IDEAS: We love hearing from our user community, but because we receive lots of feedback, suggestions, comments, bug reports, feature requests, and other good ideas (“Feedback”), we need to set some clear rules. You are never obligated to share Feedback with us, but if you do, you agree that we may use, copy, modify, adapt, publish, or exploit your Feedback for any purpose, including commercial purposes, without compensation, credit, or obligation to you. You acknowledge that all Feedback you provide will be considered non-confidential, and you grant us and our licensees a perpetual, irrevocable, worldwide, royalty-free license (with the right to sublicense) to use such Feedback in any manner we see fit. You also acknowledge and agree that if we develop or implement features, functionality, technology, processes, or content that is similar to your Feedback, that does not mean the idea came from you, and you will not have any claim against us for its use.

PRIVACY: The collection, use, and disclosure of information about you and your use of the Companion Apps is governed by Moonton Privacy Policy, which is available here. You are encouraged to review the Privacy Policy before using a Companion App.

COPYRIGHT INFRINGEMENT NOTICES AND PROCEDURES: Moonton respects the intellectual property rights of others and, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) and similar laws in other jurisdictions, will respond to properly submitted notices of alleged infringement involving its games or platforms. If you believe that material available through a Companion App or one of our platforms infringes your copyright, you may send a notice to Moonton’s Designated Agent (mythpalz@moonton.com, Attn: Copyright Agent) that includes: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to be infringed or a representative list; (3) identification of the allegedly infringing material and information sufficient to locate it (such as a URL or in-app location); (4) your contact information; (5) a statement of your good faith belief that the use is unauthorized; and (6) a statement, under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner. If we remove or disable access to material in response to a notice, we may notify the user who uploaded it, and that user may have the right to file a counter-notification under applicable law. Upon receipt of a valid counter-notification, we may restore the material unless the copyright owner seeks a court order. We have a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers, and you acknowledge that filing a false notice may result in liability for damages, including costs and attorneys’ fees, under the DMCA or similar laws.

USE OF ARTIFICIAL INTELLIGENCE: You acknowledge that Moonton may use AI technologies in connection with the Companion Apps, including for purposes such as automated moderation, personalization, bug detection, analytics, and improving overall user experience. These AI systems may analyze communications, UGC, or user behavior to help us keep the Companion Apps safe for all users. Moonton does not guarantee that its AI systems will be error-free, uninterrupted, or capable of preventing all misconduct or harmful behavior. You agree not to use any data, statistics, communications, or content from a Companion App to develop, train, tune, or improve any AI model, system, or dataset, whether for personal or commercial use. We reserve all rights in all Companion App data, statistics, communications, and content, and you agree not to extract, copy, use, or otherwise exploit such data, statistics, communications, or content for AI-related purposes or for any purpose not expressly authorized by this EULA.

COMPLIANCE WITH LAW: You may not access or use any of Companion App if doing so would be unlawful under the laws, rules, or regulations of the country or jurisdiction where you reside or from which you access the Companion App. You are responsible for understanding and complying with all applicable laws, including laws relating to online conduct and the purchase or use of digital goods. By using a Companion App, you represent and warrant to us that your use of that Companion App is lawful where you live and where you access the Companion App. You agree that we may suspend, close or restrict access to your account immediately if we determine that your use of a Companion App violates any applicable law or regulation, including export control or sanctions laws, or exposes Moonton or its licensors or service providers to legal risk.

WARRANTY DISCLAIMERS: To the fullest extent permitted by law, each Companion App and all of its content, features, and functionality, are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, express or implied. We do not guarantee that a Companion App will be error-free, uninterrupted, secure, compatible with your device, or that any defects will be corrected. We only make our Companion Apps available to you for your personal, non-commercial use. Accordingly, we are not liable for business losses of any kind, such as loss of profit, business interruption, loss of goodwill, or loss of business opportunity. Just to be clear, we disclaim and exclude all warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties arising from course of dealing or usage of trade. No advice, promise, statement, or information, whether oral or written, obtained from us or through a Companion App creates any warranty not expressly stated in this EULA.

LIMITATIONS OF LIABILITY: To the fullest extent permitted by law, Moonton and its affiliates, licensors, and service providers will not be liable to you, or any person or entity claiming through you or on your behalf, for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or in connection with a Companion App or any of its content, whether based on contract, tort, strict liability, or any other legal theory, even if Moonton has been advised of the possibility of such damages. Moonton’s total liability to you for all claims or losses arising out of or relating to the Companion Apps and their content will not exceed the greater of: (1) the amount you paid for the Companion App in the twelve months preceding the claim, or (2) one hundred U.S. dollars (US $100). Multiple claims will not increase these amounts. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in this EULA excludes or limits Moonton’s liability where such exclusion or limitation would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded or limited under applicable consumer protection or statutory rights laws (including, where applicable, the consumer laws of the European Union or the United Kingdom).

INDEMNIFICATION: You agree to indemnify, defend, and hold harmless Moonton, its affiliates, and their officers, directors, employees, and agents from and against any third-party claims, losses, costs, and expenses (including reasonable legal fees) arising out of or related to your violation of this EULA, the Game Terms, or the Code of Conduct, your unlawful acts, or your User Generated Content, except to the extent such claims, losses, or costs result from Moonton’s gross negligence or willful misconduct.

HONG KONG LAW AND ARBITRATION OF DISPUTES: This EULA, and the contract formed hereby, is governed by and will be interpreted in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China, without regard to its conflict of law rules. Any dispute or claim arising out of or relating to this EULA, including the existence, validity, interpretation, performance, breach or termination thereof, or any claim or dispute regarding non-contractual obligations arising out of or relating to this EULA, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall also be Hong Kong law. The seat of arbitration will be Hong Kong, the language of the arbitration will be English, and the tribunal will consist of one arbitrator. The arbitral award will be final and binding on the parties. Notwithstanding the foregoing, we may seek injunctive or other equitable remedies in any court of competent jurisdiction to protect our intellectual property or preserve the status quo, and you consent to the jurisdiction of such courts for that purpose.

CLASS ACTION WAIVER AND INDIVIDUAL ARBITRATION: You and Moonton agree that any claims or disputes subject to arbitration under this EULA must be brought on an individual basis only, and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or mass action or proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of class, collective, consolidated, representative, or mass proceeding. You and Moonton further agree to work in good faith to minimize the administrative burden and cost of arbitration, and to avoid filing duplicative or abusive claims. If multiple substantially similar arbitration claims are filed, the parties agree that the arbitration provider may group such claims together for administrative efficiency (without consolidating the merits of the cases) and may stay, sequence, or otherwise manage proceedings to prevent unfair cost-shifting or abusive “arbitration bombing.” By accepting this EULA, you waive the right to pursue or participate in class, collective, consolidated, representative, or mass actions or arbitrations against Moonton, whether in court or in arbitration.

WHAT HAPPENS IF A PROVISION IS INVALID? If any provision of this EULA, the Game Terms, or the Code of Conduct is found to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will stay in full force and effect. If a court or arbitrator requires modification to make a provision enforceable, the provision will be deemed modified to the minimum extent necessary to achieve its intent while remaining lawful.

KEEPIN’ IT FRESH: All apps change over time, and the rules applicable to an app have to change with it. We will update this EULA, the Game Terms, and the Code of Conduct from time to time to reflect new features of a Companion App, to comply with new laws and regulations, to implement new business models, or just to keep things running smoothly across the many different countries where our Companion Apps are offered. When we make changes to this EULA, the Game Terms, or the Code of Conduct, we’ll post them in-app, in-game, or on our website. You are responsible for checking in-app and in-game notices and our website for updates. If you do not agree to the updated EULA, Game Terms, or Code of Conduct, you must stop using our Companion Apps.

NOTICES: You agree that we may provide you with notices, disclosures, or other communications regarding the Companion Apps and this EULA by sending them to the email address you provided when you created or updated your account, or by posting them within a Companion App or on our official website. We may assume that any communications that are received from the email address associate with your account have been sent by you. You are responsible for keeping your email address current and for regularly checking that account for messages. If you need assistance with technical support, billing, or other day-to-day issues, you should contact us through the customer support channels provided within the Companion App or on our website. If you want to provide formal legal notices to Moonton under this EULA, you must send them by email to mythpalz@moonton.com. Legal notices will be effective only when actually received by us.

GENERAL TERMS: This EULA is personal to you, and you may not assign or transfer it or any rights granted to you herein, in whole or in part, without our prior written consent. We may assign or transfer our rights and obligations under this EULA without restriction. Our failure to enforce a provision of this EULA is not a waiver of our right to do so later. Headings are for convenience only and do not affect interpretation. This EULA, together with the Game Terms, Code of Conduct, and any additional terms or policies incorporated by reference, constitute the entire agreement between you and Moonton regarding your use of the Companion Apps and supersede all prior understandings or agreements, whether written or oral, relating to the same subject matter. Provisions that by their nature should survive termination of this EULA (including those relating to intellectual property ownership, restrictions on use of a Companion App, User Generated Content, Feedback, disclaimers, limitations of liability, indemnification, governing law, dispute resolution, and general terms) will continue in effect after your account is closed or your license to use a Companion App ends.

When you download or use a Companion App through an app store such as Google Play or the Apple App Store (“App Store”), you acknowledge that your use of the Companion App is also governed by the App Store’s terms and conditions. Those terms may include rules on purchases, billing, subscriptions, refunds, and account management. In the event of any conflict between this EULA and the applicable App Store terms, the App Store terms will apply to the extent required by the store. The following supplemental terms shall apply when you access a Companion App through specific devices:

This EULA is a binding agreement between Moonton and you; Apple is not a party to this EULA.

By downloading the Companion App from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that: