Last Updated: August 18, 2025
1. What are these Terms of Service?
These Terms of Service are the legal agreement that applies to the provision and use of our interactive applications ("
Apps") that allow end users to participate in skill-based online tournaments and competitions. These Terms of Service apply to users who live in and are accessing the App from the United Kingdom. All other users should refer to the US terms here:
https://www.aviagames.com/terms-servicePlease take some time to read these Terms of Service before using the Apps. If there are any sections of the Terms of Service that you do not understand or which you do not agree to, you should contact us for more information before using the Apps. By accessing the Apps, you confirm that you agree to these Terms of Service.
You should read all of the Terms of Service before using the Apps, but we would like to draw your attention in particular to the following sections of the Terms of Service:
- (9) "How are simulated players used on the App?" If there are insufficient players of a similar skill level to fill the tournament you want to enter, you can instead be matched with simulated players against which to compete. This section explains how simulated players are created and when they may be used. Please note that when you access a game or contest on the App, we may record your gameplay and resulting scores and statistics to use as simulated players.
- (10) "What are "Virtual Items" and how do those work on the App?" This section explains how in-game tokens work on the Apps, including how Virtual Items cannot be redeemed or cashed out of the Apps for money or items of real world value, and that they may not be transferred to other players. This section also covers when Virtual Items will be forfeited.
- (12) "How do you make withdrawals from your Account?" This section covers how to submit a withdrawal request when you have a positive balance in your Account. The minimum withdrawal threshold is £2, but this will vary per product and may be higher, as indicated in the withdraw request page. Please note that if you withdraw funds from your Account, you will forfeit all Bonus Cash currently in your Account.
- (13) "What will we be liable for?" This section contains certain limits on what Avia will be liable to you for and what compensation you can recover from Avia.
- (14) "What happens if an Error affects an App?" This section explains how we will deal with any price or technical Errors that occur on an App. Please note in particular that Winnings (as defined in Section 12) may be void if they are awarded as a result of an Error.
- (15) "What happens if my Account becomes inactive or I leave money in my account?" This section explains that if an Account becomes inactive, a monthly maintenance fee may be charged. Please note that in the event your Account is closed, all Virtual Items/Bonus Cash will be forfeited.
2. Who are we?
These Terms of Service set out the contract between you and AVIAGAMES Inc, a company registered in Delaware ("
Avia U.S."), AVIAGAMES INTERACTIVE LIMITED, a company registered in England and Wales ("
Avia UK") and Aviagames Limited, a company registered in HongKong, China ("
Avia HongKong". Collectively, these entities are referred to as "
Avia". The payment service activities discussed in Section 7 of these Terms are facilitated by either Aviagames Hongkong or Avia UK.
In these Terms of Service, "
we", "
us" and "
our" are references to Avia.
Avia U.S.'s registered office is at 1840 Gateway Dr., Suite 225, San Mateo, CA 94404. Avia HongKong's registered office is at Flat 1512, 15/F Lucky Ctr No 165-171 WAN CHAI RD WAN CHAI Hong Kong, China. Avia UK's registered office is at UNIT G25 WATERFRONT STUDIOS, 1 DOCK ROAD, LONDON, UNITED KINGDOM, E16 1AH.
3. What do I need to use the Apps?
To access the Services or use certain features of the Services, you will be required to provide personal information as part of the registration or login process and to create an account ("
Account"), such as your name, age, address, email address or telephone number. You will need to use an interconnected smart phone that meets the minimum system and compatibility requirements to download the App in the app store.
For more information please see:
Support | Aviagames.
4. Who can use an App?
To be eligible to use an App you must be:
- a consumer (by this we mean that you must be using the App for personal use and not for any commercial purpose)
- aged 18 or over; and
- a resident of a jurisdiction outside of the United States and its territories where we have made the App available and physically located there when you are using the App.
In addition, any person that is connected to Avia (e.g., an employee, contractor or agent) and has access to non-public information regarding the operation of any game or tournament provided on the App is ineligible to withdraw any prize offered on the App.
We refer to the requirements above as "
Eligibility Criteria".
You acknowledge that:
- we may ask you to provide us with reasonable proof of your identity and that you meet the Eligibility Criteria. We may ask you to provide documentation to verify your age, identity and location and to meet our legal obligations; for example, we may request copies of your passport, driving licence, bank statements or utility bills.
- we may (acting reasonably) block your access to the Apps, terminate or suspend your Account and void and/or reclaim any Winnings, game credit and/or deposit credits that are in your Account or that have been withdrawn if:
- we reasonably suspect that you do not meet the Eligibility Criteria;
- you have provided what we reasonably believe to be materially false or misleading information; and/or
- you do not promptly provide to us any information we reasonably need to undertake our checks.
- access to the Apps or participating in any tournament, competition or feature on the Apps may be illegal in certain jurisdictions and you agree not to attempt to access the Apps from any such jurisdiction.
- providing materially false or misleading information to us or using any method to conceal your true identity or location constitutes a breach of these Terms of Service.
- you may set up no more than three "User Unique Accounts" (i.e., e-mail addresses or phone numbers) per device which may not be shared with or transferred to anyone else. (Note that User Unique Accounts are not the same as the "UID" that is created when you log into an app.)
5. Keeping your Account secure
You are responsible for the security and proper use of your login details and password. You must keep your password confidential and not share it with anyone else.
If you find any authorised use of your password or identification, you must contact us immediately.
You are responsible for all activities that occur under your Account with or without your knowledge, unless a third party is able to access and use your Account as a direct result of our negligence. You are fully responsible for all charges, deposits and withdrawals made on your Account, including any unauthorised charges, deposits or withdrawals. We recommend that parents and guardians familiarize themselves with parental controls on devices they provide to their children. Parents and guardians are responsible for the acts of children to the extent they use their Account. Your Account may be suspended or terminated if someone else uses it to engage in activity that violates these Terms. We are entitled to assume that offers and payments made through your Account are made by you. You agree to protect your password in the same way that you would protect password or other access details to your online banking system and any failure to do so shall be at your sole risk and expense.
We will not be responsible for losses suffered by you where your password or other account details are used by someone else to access an App (unless a third party is able to access and use your Account as a direct result of our negligence). If we believe that there has been, or is likely to be, a breach of security we may suspend usernames or passwords and require that they are changed. We may also restrict your use of all or any part of the Apps.
6. What rules apply to cash competitions?
Please carefully read all rules and restrictions relating to any tournament or competition before you enter. In addition, please note the following in relation to games that have a cash entry fee ("
Cash Competition"):
- To enter a Cash Competition you must have the entry fee in your Account that you need to make the payment to enter that Cash Competition.
- You agree to pay all fees and payments for tournaments, competitions and features of the Apps that you use and that these amounts may be charged to your Account.
- We may change our prices from time to time on the Apps, but this will not affect past purchases you have made.
- If you lose a Cash Competition, you will lose the entry fee that you paid to enter the Cash Competition.
- Our games are designed to provide entertainment and challenge, serving as enjoyable pastimes rather than reliable sources of income. Consistently winning is unlikely, and while short-term success may be achieved, it's not guaranteed to continue over extended periods.
- Please note that you may be matched with opponents from different jurisdictions, using different currencies. This will not impact the skill matching, and the prizes offered to you.
7. How do you pay to enter games?
Accepted payment methods are indicated on the Apps and may be updated from time to time. All prices on the App are in the local currency and include VAT at the applicable rate. When you add funds to your Account, the payment must be made in the local currency.
Payments made on the Apps will be collected through our chosen third party payment service provider(s). We may share your personal and payment information with our chosen third party payment service provider(s) in line with our
Privacy Policy to validate your identity and assess your selected method of payment.
If you make a credit card deposit, we may require a small credit limit by sending an authorisation request to the issuing bank, no matter whether the actual amount charged is lower. Such amount is only for security purposes and will be fully refunded to your account.
By making a payment to us, you confirm to us that: (i) you are the authorised user of the relevant payment method; (ii) you authorise us or our chosen payment services provider(s) to charge you for the amount stated; and (iii) all payment information you provide is current, complete and accurate and if it becomes out of date you will promptly notify us. We are not responsible for any loss caused by any unauthorised use of your credit card or other method of payment by a third party in connection with the Apps where this is outside of our control and/or not caused by our negligence. Any attempt to defraud through the use of any method of payment, regardless of the outcome, or any failure by you to honour legitimate charges or requests for payment, will constitute a breach of these Terms of Service and may result in termination of your Account, forfeiture of Winnings and we may report you to the relevant authorities.
We will not grant you any refunds, unless otherwise required by law or as otherwise provided in these Terms of Service.
8. How does Bonus Cash work?
We may grant bonus cash or credits ("
Bonus Cash") to players of Cash Competitions. Bonus Cash can only be used to enter Cash Competitions and for no other purpose. Bonus Cash is not redeemable for and/or cannot be cashed out for real money and has no value of any kind outside of the Services.
When you enter a Cash Competition, an amount of Bonus Cash will be used to enter the competition that is equal to one-tenth of the amount you spent on the Cash Competition entry fee (in other words, a 9:1 ratio of cash to Bonus Cash will be applied to pay the entry fee). However, when you enter a Cash Competition but your Account does not have a sufficient amount of either cash or Bonus Cash to apply the 9:1 ratio, we will automatically use either a greater percentage of cash or Bonus Cash to pay your entry fee, provided the total balance of cash and Bonus Cash in your Account is sufficient to cover the entry fee. When you win a Cash Competition, any Bonus Cash that you have used to pay the entry fee will be returned to you as part of the prize, and the rest of the prize will be paid in cash (i.e., GBP). Please consult with our Customer Support team for the detailed rules on Winnings. You may contact our Customer Support team using the in-app support feature.
If you withdraw funds from your Account, you will forfeit all Bonus Cash currently in your Account.
9. How are simulated players used on the App?
- When you use the Services, we may record your gameplay and resulting scores and statistics ("Simulated Player(s)") for any purpose (acting reasonably), including to improve the Services, and detect fraud.
- When you use the Services to play a game, and there are insufficient players of a similar skill level to fill the contest you enter, you may be matched with another player's Simulated Player for the purposes of determining the outcome of a game. Whether or not you win a prize in any contest is based on whether your score is higher than the other player(s) in the game, regardless of whether or not you are competing against the score of another live player or the score of another player's Simulated Player; the goal is to achieve the highest score you can in the game so as to beat the score(s) of the other player(s) in the game.
- The profile displayed for a Simulated Player will be generated by Aviagames; it will not be the profile of the player whose record was used to create the Simulated Player.
- All opponents in the same match (whether a currently logged-in player or a real player's recorded Simulated Player), play under the same game setup parameters that every other player in the same match faces or has faced as determined by our algorithms.
- If you beat the score(s) of the other player(s) in the game, and are otherwise eligible for a prize, you will win that prize, regardless of whether you were competing against other currently logged-in player(s) or any Simulated Players. If the score(s) of any Simulated Player wins the game or context, the Winnings will be retained by Avia.
- Please note that you may be matched with opponents from different jurisdictions, using different currencies. This will not impact the skill matching and the prize(s) offered to you.
10. What are "Virtual Items" and how do those work on the App?
The Services may include an opportunity to receive or earn virtual, in-game currency, including but not limited to virtual coins, Bonus Cash, tokens, gems, tickets, points, credits, collectibles and chips - all for use in the Services ("
Virtual Items"). Virtual Items can be either won or obtained within the Services. Virtual Items are licensed to you by us for your personal use through the Services, subject to the limitations and other terms set out in greater detail below.
Virtual Items can never be redeemed or cashed out for money or "real world" value, goods, or any other item of monetary value from us or any other party. You understand that you have no right, title or property interest in the Virtual Items appearing or originating in any of our Services, or any other attributes associated with an account or stored on the Services. Your acquiring of Virtual Items is final and is not refundable, transferable or exchangeable, except in our discretion (acting reasonably). You may not transfer, purchase, sell, or exchange Virtual Items with other players except as permitted from within the Services. You may not attempt to sell, give or trade in the "real world" anything that appears or originates in the Services, unless otherwise expressly authorized by us in writing.
Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for money of "real world" value, or exchange Virtual Items for value of any kind outside of the Services, without our written permission. Doing so is a violation of the Terms. Any such transfer or attempted transfer is prohibited and void and may result in termination of your account and legal action taken against you. You may only use the Virtual Items as permitted by us within the Services, and you have no right or title in or to any such Virtual Items appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. We retain the right to manage, regulate, control, modify and eliminate Virtual Items at our discretion (acting reasonably), and we shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. In addition to the foregoing, we may selectively remove or revoke Virtual Items associated with your account in our discretion (acting reasonably).
Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Items may only be acquired or awarded from us or through means we provide on our Services or otherwise expressly authorize. We do not recognize any purchases or transfers made outside of the Services on any other platform or e-commerce website and shall not be liable for any claims or damages caused to the users with respect to Virtual Items purchased or obtained from third parties, and not through the means provided within the Services.
You acknowledge that we are not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items when an account is closed, whether such closure was voluntary or involuntary. All Virtual Items are forfeited by you if your account is terminated or suspended for any reason, in our discretion (acting reasonably), or if the Services are no longer available. If your account is terminated, suspended or if any Virtual Items are selectively removed or revoked from your account, no refund will be granted, no Virtual Items will be credited to you or converted to cash or other forms of reimbursement.
11. How are prizes and Winnings paid?
We are responsible for honouring any prizes validly won in accordance with the applicable tournament or competition rules and these Terms of Service.
Any benefits or prizes on your Account are personal to you. Prizes, winnings or other earnings (including but not limited to virtual goods, virtual currency or digital trophies) ("
Winnings") or any Digital Assets (defined below) cannot be transferred to any other person or Account.
If you receive Winnings, we may (acting reasonably) require you to provide us with reasonable proof, evidencing that you met, or met at the time of your participation, the Eligibility Criteria and that you participated in accordance with these Terms of Service. If, when requested, you fail to provide us with such proof to our reasonable satisfaction, you will not receive the relevant Winnings until such proof is provided. We may reverse or require return of any payment in error which has been received by you and you shall cooperate with us in this regard. We may also reduce payment to you without notice to adjust any previous overpayment.
Cash Deposits: You are a "Cash Player" if you play in a competition that requires a cash entry fee to be paid ("Cash Competition"). If you establish a positive Account balance for entry fees for Cash Competitions, then you are required to submit the required information, which may include your full name, permanent address, email address, phone number, and credit card or other payment information, and to maintain such information current and correct at all times. If you are a Cash Player, you allow us to share your personal and payment information in confidence with third party service providers in order to validate your identity and assess the transaction risk associated with accepting your selected method of payment, as well as any other purpose as detailed in our Privacy Policy. If you make a credit card deposit, we may require at least a minimum credit limit by sending an authorization request to the issuing bank, no matter whether the actual amount charged is lower.
Please note that Apple and Samsung are not sponsors or providers of the competitions, tournaments or prizes on the Apps. All prizes are provided by Avia.
Credit card/Debit card/PayPal use: When you pay by credit or debit card, you represent to us that you are the authorized user of such card. If your account number, its expiration date and/or your billing address changes, or if your card expires or is cancelled for any reason, you must notify us immediately. We are not liable for any loss caused by any unauthorized use of your credit or debit card or other method of payment by a third party (such as PayPal) in connection with the Services. Any attempt to defraud through the use of credit or debit 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 potentially subject you to civil litigation and/or criminal prosecution.
12. How do you make withdrawals from your Account?
If you have a positive cash balance in your Account, you may request a withdrawal of funds at any time by submitting a withdrawal application on the applicable App. More information on how to withdraw cash can be found here:
How do I withdraw cash? – AviaGames.
Closing Accounts. If you are a Cash Player, you may request a withdrawal of funds from your available Account balance at any time through the applicable application. Subject to our confirmation of funds availability, withdrawal requests may take up to 15 days to process.
We reserve the right to freeze a user's Account and/or delay a request for withdrawal pending completion of any investigation of reported or suspected abuse by a user requesting withdrawal of funds.
The minimum withdrawal threshold is £2, but this will vary per product and may be higher, as indicated in the withdraw request page. If your Account is closed then, subject to our right to freeze a user's Account, delay a request for withdrawal, or declare that funds are forfeited because of your misconduct as described in Section 15, the remaining funds in your Account at the time of closing will be returned to you. If you initiate a withdrawal of funds from your Account, you will forfeit all "Bonus Cash" (as defined in Section 8 above) and/or Virtual Items (as defined in Section 9 above) currently in your Account. For any further issues regarding withdrawals or closing an account, contact
support@aviagames.com.
Withdrawal requests may take up to 7 days to process by your bank or PayPal account. If you do not receive your withdrawal amount after 7 days, please contact our Customer Support team through the in-app support feature or by submitting a ticket at
https://www.aviagames.com/support if you are not able to contact us Using the in-app support feature. Please note that if we have reasonable cause to suspect that you have breached these Terms of Service or the law, we may suspend your account or delay or deny a withdrawal request until the matter has been fully investigated.
Processing Fee. When you make a withdrawal request, we may charge a processing fee based on your transaction activity in our games, such as the amount you deposited in your account, the cash entry fees you have spent in the matches, and the specific withdrawal amount you request. You agree to pay this non-refundable processing fee when you submit the withdrawal request.
13. What will we be liable for?
You have certain rights under the law and there are certain matters for which we are not permitted to limit or exclude our liability to you. For example, we cannot exclude our liability to you for supplying digital content that you have paid for that is not of satisfactory quality or fit for purpose, or that does not match its description, or performing a service without reasonable care and skill. Nothing in these Terms of Service shall affect these rights or any such liability that we or our Suppliers (defined in Section 22 below) may have to you.
To the full extent permitted by law, we and our Suppliers exclude responsibility and all liability for:
- any losses that were not foreseeable (i.e., it was not an obvious potential loss or damage) to you and us when you registered with an App.
- any losses that are not caused by our breach of these Terms of Service or any legal obligation owed by us to you.
- any losses which you could have avoided by following our advice to apply an update offered to you or which was caused by you failing to correctly follow installation instructions or to have in place the minimum compatibility requirements advised by us;
- any business losses or losses to persons that are not consumers;
- any use of an App which is not authorised by us;
- ending, suspecting or restricting the App or any part of it in accordance with these Terms of Service;
- any delay, failure, act or default in relation to an App caused by events outside our reasonable control;
- Errors (defined below), viruses or bugs present in or arising from your use of an App;
- incompatibility of an App or content with any other software or hardware (including compatible registered devices) which is outside our reasonable control;
- any damage to devices or content that belong to you where such damage would not have been caused if you had followed our reasonable instructions;
- any act or default of any third party supplier or provider, device manufacturer or provider of a device operating system, which are beyond our reasonable control; and
- any losses or damages (including damage to a device or other digital content belonging to you and caused by us where we have failed to exercise reasonable care and skill) incurred by you that exceed the higher of £50 (or the local currency equivalent) and the total amount you have paid to us the previous 12 months.
We and our Suppliers do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors for fraud or fraudulent misrepresentation.
If an App damages your device or any software installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, then subject to what we say above, we will compensate you and may ask you to provide information such as photographs or screenshots about what has happened so that we can understand the problem.
14. What happens if an error affects an App?
Whilst we take reasonable care to avoid price and technical errors, malfunctions and interruptions on the Apps (each, an "
Error"), they may occasionally occur and may not always be obvious at first.
Errors may include the following:
- Price Errors: where there has been a pricing error or system failure which leads to incorrect Winnings being displayed as available to you; or
- Technical Errors: where problems occur in the software or hardware used by us to provide the Apps.
Any game, competition or tournament which is affected by an Error may be deemed void and cancelled by us, for example (without limitation) in situations where an App does not operate as intended. We will repay any entry fees paid for games, competitions or tournaments which are voided as a result of an Error.
If we have incorrectly awarded any Winnings to you as a result of an Error, we will not be responsible to pay you those Winnings and such Winnings are deemed void. You agree to refund those Winnings that may have been paid as a result of an Error. Any funds credited to your Account as a result of an Error shall be immediately repaid to us when a demand for payment is made by us to you. Where this occurs and there is money in your Account, we may reclaim these funds from the funds in your Account.
15. What happens if my Account becomes inactive or I leave money or Bonus Cash in my Account?
If you have not entered at least one tournament for more than 90 days, all Bonus Cash may be deducted from your Account.
If you have not entered at least one tournament for more than 150 days, all in-game tokens, i.e. Gems/Tickets, which are used to enter non-cash matches may be deducted from your Account.
If you have not entered at least one tournament for more than 180 days, and you have funds (i.e. real money) in your Account, we may charge you of a maintenance fee of £2.00 GBP (or the local currency equivalent) per month ("Monthly Maintenance Fee"). We will take reasonable steps to repay you the Account balance by contacting you via email and in-App notifications. If we are unable to do this and we have given you at least 30 days' prior notice, we may deduct the Monthly Maintenance Fee until there are no funds in your Account or you begin playing again (whichever is earlier).
If your Account has no funds and you have not entered at least one tournament in the preceding twelve months, we may close your Account.
16. What are the rules on Matchmaking and Anti-cheating and Anti- abuse Measures?
We believe that matching players by skill level is an important part of ensuring a fair gaming experience for all of our players. Accordingly, we utilize proprietary algorithms to determine each player's skill level to match players against others of a similar skill level. We take issues related to the fairness of our games very seriously. When participating in any game, tournament or competition on the Apps, you must not do or omit to do anything which has the effect of unfairly altering your chance of winning or which constitutes cheating or Abuse("
Abuse"). This may include, without limitation:
- registering and/or using multiple Accounts or sharing those accounts with anyone else;
- using unauthorised or altered software or hardware or abnormal network services to assist play (e.g., including the use of bots, bot nets, jail broken devices or rooted devices, collusion with bots and/or use of cheat programs such as debuggers, clock-skewing software and memory scanners);
- intentionally playing poorly to achieve a competitive advantage;
- taking advantage of any design errors or problems in an App;
- colluding with other players (e.g., intentionally losing rematches in Cash Competitions);
- transferring money between Accounts (e.g., money laundering);
- harassing other participants;
- misusing any payment mechanism in connection with your Account;
- illegitimately or improperly rejecting the Services;
- swindling gifts of deposit; and/or
- posting offensive or unlawful material.
- using any method (including but not limited to modifying GPS location or changing network location) to alter your true geographic location in order to engage in transactions or gameplay using networks or payment information inconsistent with your actual geographic location;
- inviting other accounts registered by you to receive referral rewards in our Services; and using the same device or share personal information with your inviter or invitees so to mislead us to identify the referred accounts as belonging to the same person.
If we reasonably suspect you engage in any of the activities above, we may:
- immediately terminate your Account and block your access to the Services;
- void and forfeit any Winnings that you may otherwise have been entitled to receive;
- reclaim and/or recoup any Winnings received by you;
- recoup the amount of funds involved in the misuse of a payment mechanism, and block your access to the Services until those funds are recouped;
- institute or seek any injunctive relief, civil and/or criminal penalties against you and/or any of your co-conspirators arising out of or relating to your conduct; and/or
- disclose or report any money laundering or similar illegal activity to law enforcement authorities.
17. What other behaviour is prohibited?
We refer to the below as our "
Use Policy". In addition to the rules on Misuse of Services above, by accessing the Apps, you agree that you will not:
- breach any law, rule or regulation;
- interfere with or disrupt any App or any server or network used to support or provide the App, including any hacking or cracking into the App;
- engage in any activity that disrupts the peaceful, fair and respectful playing environment of any App;
- interfere with or disrupt another player's use of any App;
- harass, threaten, bully, embarrass, spam or do anything else to another user or Avia employee that you know or is reasonably expected to be unwanted;
- publish, post, upload or distribute any content that we (when acting reasonably) determine is inappropriate, abusive, hateful, threatening, hateful, obscene, sexually explicit, harassing, profane, defamatory, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful;
- post a message for any purpose other than personal communication;
- attempt to obtain, or phish for, a password, account information, or other private information from anyone else on any App;
- sell, buy, trade or otherwise transfer or offer to transfer your Account, any personal access to any App, either within the App or on a third party website, or in connection with any out-of-game transaction, unless expressly authorised by Avia;
- use any App when you do not meet the Eligibility Criteria;
- do or assist anyone else to do anything that could (in our reasonable judgement) damage or impair Avia's or our Suppliers' property, which may include, without limitation: (a) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from us; and/or (b) providing unauthorised means through which others may use any App such as through server emulators (e.g. a clone of our software).
18. What are the rules on user content?
The Apps may allow users to post, submit, publish, display, or transmit to other users or other persons content, information, materials, or communications ("
User Content").
You agree to:
- only upload or send User Content that complies with these Terms of Service, the Use Policy and any additional rules we post in the public forums;
- only upload or send User Content when you have the rights to do so and to not post or send any User Content which infringes any rights of any third party; and
- be responsible for any User Content you submit or contribute, including its legality, reliability, accuracy, and appropriateness.
We have the right to:
- edit, refuse to post, or remove any User Content for any reason;
- take any action with respect to any User Content that we deem necessary or appropriate (acting reasonably), including if we believe that such User Content breaches these Terms of Service, infringes any intellectual property right or other right of any person or entity or threatens the personal safety of users of the App or the public;
- disclose your identity or other information about you to any third party who claims that material posted by you infringes their rights, including their intellectual property rights or their right to privacy, in line with our Privacy Policy;
- revoke access to the Apps or any other apps offered by Avia and/or terminate your Account temporarily or permanently with or without issuing a prior warning; and
- take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Apps.
You acknowledge that:
- we have no obligation to pre-screen User Content;
- we do not control, verify or pay for any User Content;
- we do not endorse and cannot ensure prompt removal of any User Content posted by you or any other users of the Apps; and
- we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
19. What if I have any problems with an App?
We take reasonable steps to keep the Apps up and running; however, like any online services the Apps may encounter occasional disruptions and outages.
For any App feature that is identified by us as a beta version ("
Beta Service"), you acknowledge and agree that a Beta Service may contain more or fewer features than the final release of the App feature. We have the right to not release a final release of a Beta Service or to alter its features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. Beta Services may not be suitable for production use and may contain errors affecting proper operation and functionality.
Please also see section 14 on "What happens if an error affects an App?"
If you need to contact us, please reach out to our Customer Support team through the in-app support feature or by submitting a ticket at
https://www.aviagames.com/support if you are not able to contact us in the App.
20. How might the Apps change?
We may make changes to the Apps from time to time, for example:
- to improve, refresh or enhance the Apps, including by adding or removing games, competitions or tournaments;
- to help improve the security and operation of the technical infrastructure of the Apps;
- to make changes to the fees, for example where the cost of running the Apps increases; or
- for legal or regulatory reasons.
We may need to offer technical support or update the Apps from time to time in our discretion. Updates will either download automatically or you may need to trigger them yourself, depending on your device and its settings. We strongly suggest that you download all updates as soon as they become available so that the Apps work properly.
21. How might these Terms of Service change?
We may make changes to these Terms of Service from time to time, for example to:
- reflect any changes to the Apps; and
- for valid legal or regulatory reasons.
If we update these Terms of Service, the updated version will be displayed on this page and we take reasonable steps to notify you at least 14 days in advance of any material changes to the Terms of Service.
Any changes to these Terms of Service will be in effect from the "Last Updated Date" referred to at the top of this page. You should check these Terms of Service from time to time. Your continued use of an App after the "Last Updated Date" will represent your acceptance of and agreement to such changes.
22. How can our agreement be terminated?
We may end the contract with you under these Terms of Service if you breach or we reasonably suspect that you are going to breach any part of it and we (acting reasonably) consider the breach to be serious enough to justify termination of this contract and the closure of your Account.
You can end your contract with us under these Terms of Service at any time, including where:
- we have told you about an upcoming change to an App or these Terms of Service which you do not agree to; or
- we have suspended an App for technical reasons or notify you we are going to suspend an App for technical reasons for a significant period of time.
To end the contract with us, please let us know by contacting us at
support@aviagames.com. The
legal@aviagames.comemail address shall be used solely for (i) copyright complaints, (ii) notices of dispute strictly in accordance with these Terms. We do not agree to monitor this email address for, or respond to, messages relating to other matters. For privacy-related inquiries, please contact
privacy@aviagames.com. For any other game-related questions or complaints, kindly reach out to our Customer Support team through the in-app support feature or
support@aviagames.com. If you would like to remove your payment information from the App, navigate to the "Deposit" tab in the App and "Delete" your payment methods.
The consequences of the contract between us under the Terms of Service ending are:
- all your personal data that Avia has will be deleted except as required by law or as otherwise stated in our Privacy Policy.
- you are no longer allowed to use the Apps;
- you must delete the Apps from any devices it has been installed on; and
- we may delete or suspend access to any other accounts you hold with us.
23. What right do you have to the Apps and related content?
All rights, including all right, title and interest in the Apps and associated intellectual property rights, included all content on and made available via the Apps, such as without limitation, the games, tournaments, competitions, text, software, scripts, graphics, photographs, sounds, music, videos, animations, interactive features, trademarks, service marks and logos ("
Content") and the tools, solutions, and data (collectively "
Supplier Services") provided by one or more of the partners and suppliers of Avia (collectively "
Suppliers") are owned by Avia or by our Suppliers and licensed to Avia. You are granted no rights in the Content or Supplier Services, except to access the App for your personal and non-commercial use, subject to your compliance with these Terms of Service.
You may not access, copy, modify or distribute any part of the Apps (including the Content and Supplier Services), unless expressly authorised by Avia or permitted by law. You shall not reverse engineer, expose, reverse assemble, decompile, reverse decompile, reduce to human readable form or otherwise attempt to extract or otherwise use source code or other data from the Apps (including the Content and Supplier Services), or modify, incorporate into or with other software, or create derivative works of, the Content or Supplier Services, unless expressly authorised by Avia.
We are the sole and exclusive owner of all digital objects (e.g., avatars) created by you by using the Apps and any digital or virtual objects or assets we assign to your Account (e.g., virtual trophies or virtual goods) ("
Digital Assets").
The Apps and their entire contents, features, functionalities, and other products and services, logos, symbols, expansion names and symbols, play level symbols, trade dress or "look and feel," Digital Assets, and all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights) of the Apps, are owned by Avia, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights law. We reserve all rights not expressly granted here.
If you believe any content on the Apps is unlawful or infringes your rights in any way, you should contact us setting out your concerns in reasonable detail to
legal@aviagames.com. This mailbox shall not be used for any other purpose and you shall not expect a reply from this mailbox if you do use it for any other purpose. All legal notices or demands regarding payment services shall be made in writing and sent to
paymentsupport@aviagames.com.
24. We are not responsible for third party content
The Apps may contain links to third party websites, resources, or services ("
Third Party Sites"). Any links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Sites. We are not responsible for the performance, services or content available through those Third Party Sites, including the accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites. If you decide to leave an App and access the Third Party Sites or to use or install any third party applications, software or content, you do so at your own risk and you should be aware that our Terms of Service do not govern those Third Party Services.
25. How can you contact us?
You can contact us by reaching out to our Customer Support team through the in-app support feature or by submitting a ticket at
https://www.aviagames.com/support if you are not able to contact us in the App.
If you are concerned that your legal rights have been infringed, please see "What right do you have to the Apps and related content?" above.
26. How will we contact you?
If we need to contact you (such as to provide you with information about the Apps or notice about any changes to these Terms of Service) we will do so by email, using the email address that you provided when creating your Account in line with our Privacy Policy, or by an in-app notification.
You are responsible for ensuring you have provided us with accurate contact details and keeping them up to date if they change.
27. How will we use your personal information?
Your privacy and personal information are important to us. Our Privacy Notice is available at the following page:
https://www.aviagames.com/support.
Our Privacy Policy explains what personal information we collect from you, how and why we collect, use, store and share your personal information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
28. The final legal bits
These Terms of Service do not and are not intended to give anyone rights or remedies other than you and us.
If a court finds part of this contract illegal, the rest will continue. Each of the sections of these Terms of Service operates separately. This means that if any court or relevant authority decides that any of them are invalid, unlawful, void or unenforceable, the remaining sections will remain in full force and effect.
Except with respect to disputes with respect to payment services as discussed in further detail below, the laws of England and Wales apply to these Terms of Service, although you will retain the benefit of any mandatory protections given to you by the laws of your country. All legal notices or demands regarding payment services shall be made in writing and sent to
paymentsupport@aviagames.com; and any disputes arising from payment services shall be governed by Hong Kong laws and regulations and subject to the jurisdiction of Hong Kong courts. Any other disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts in the country where you live.
We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with any aspect of an App, please contact us.