Terms of Use

Last Updated: May 25, 2023

Gamecat is a social gaming Web3 platform (“App”) designed to provide gamified learning and earning opportunities brought by Wasabi LLC (“We” or “Us” or “Company”). The Company offers many social and competitive games, a gamified learning canvas, and a verified referral system, allowing Users to play, distribute, and monetize Web3 games. The App and games available through the App (“Services”) are subject to the following terms, conditions, and notices (“Terms of Use”). By using the App and Services, you (“User”) agree to all the Terms of Use, as they may be updated from time to time, as well as to our Privacy Policy available for review on our website, which explains how we collect, store, use, and share your personal information. You should check this page regularly to stay informed of any changes to the Terms of Use. If you disagree with these Terms of Use or Privacy Policy published elsewhere on this website, stop using the App and Services immediately.

1. Permissible Users

The App and the Services are for User’s personal, non-commercial use only. To use the App and the Services you / User: (a) must be at least 18 years old, or the age of majority in your jurisdiction of residence; (b) provide accurate details during registration, and (c) have no user account for the App.

Additionally, by using Gamecat platform you represent that you are not a current resident of the United States of America, Russian Federation, Cuba, Iran, Afghanistan, Syria, or North Korea, and that your access to and use of the App and Services is lawful in User’s country of residence. You further represent that you are otherwise legally permitted to use the App and Services in your jurisdiction including owning cryptographic tokens, and interacting with the App and Services in any way.

You affirm that you are over the age of 13, as the App and Services are not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE TOOLS OR THE SITE, INCLUDING ALL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

2. About The App & Service

The App allows User to monetize games through diamond-shaped tokens. The App and Services, however, are not a substitute for User’s job or any kind of work. Earning tokens can only be accomplished with the tools and functionalities provided through the App or otherwise expressly permitted. User who earns tokens through championship(s) may convert tokens into the United States Dollars through User’s crypto wallet. We set the withdrawal channels and the conversion rate, which rate currently is 20,000 tokens for $10. User’s minimum withdrawal amount is the token equivalent of $10. User’s maximum daily withdrawal amount is the token equivalent of $100.

We may change the rate at which Users earn tokens through the App at any time. We may also reverse any benefits that have been allocated to you if we believe that the circumstances warrant it. For example, we may reverse benefits if they were allocated to you in error, or if you earned them in a violation of these Terms of Use, or through otherwise unacceptable manner, such as by having a bot simulate or impersonate a user’s activity.

Users must convert earned tokens for cash or another award within six months after earning tokens; failure to convert tokens within said time may render tokens valueless.

All earnings are subject to Anti-Cheating Software review. Accordingly, we do not guarantee or represent that tokens earned through the App or Services have any intrinsic value. Rather, you are responsible for any loss or decrease in value of tokens, and you are responsible for keeping your digital wallet secure.

Each user is only allowed to create one account in the App. Accounts cannot be used to provide benefits to other accounts owned by the same user. For example, tokens or credits cannot be transferred from one account to another.

3. Updates And Improvements

We may add new features and improve the App and Services at our discretion and without notice. If you upgrade or update to a newer version of the App, you will no longer have access to the previous version. Access to the App is granted on a temporary basis. We are not liable if the App is unavailable for any reason at any time. We may restrict access to parts or all of the App from time to time.

If we become aware that the App contains errors that significantly affect its ability to be used as intended, we will try to fix the errors as soon as possible. This could include providing an update. However, we are not responsible for errors that are not within our control, such as, for example, errors caused by updates to the Android operating system.

4. Anti-cheating Software And Manual Review

Users should expect that Anti-Cheating Software will analyze User’s every token-earning session. User’s withdrawal of the token equivalent of $50 or more may be subject to our manual review, which may delay the release of funds of up to 72 hours.

5. User Conduct

Each User agrees to abide by the Terms of Service, and not misuse the App or the Services. User must not (among other things) while using the App or Services:

  • commit or encourage a criminal offence;

  • transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive;

  • hack into any aspect of the App or the Services, corrupt data, or cause annoyance to other users;

  • infringe upon the rights of any other person's proprietary rights;

  • send any unsolicited advertising or promotional material, commonly referred to as “spam”;

  • attempt to affect the performance or functionality of any computer facilities of or accessed through this App or the Services;

  • use an emulator or similar third-party software to cheat in accumulating tokens or gain an advantage;

  • make false, inaccurate, misleading, or deceptive representations;

  • engage in fraudulent conduct or abuse, misuse or attempt to abuse or misuse the App or the Services;

  • submit any content that contravenes any laws;

  • infringe on the rights of any person who has a copyright, patent, trademark or any other form of intellectual property right, confidentiality or privacy;

  • contravene any applicable state, federal or international law or regulation;

  • engage in defamatory or libelous conduct towards any other person;

  • threaten or harass any other person;

  • publish or engage in obscene material that in the Company’s sole discretion, is in any way inappropriate or unsuitable for the platform;

  • publish or participate in publishing any malicious code, script or data that may causes harm, damage or interfere or modify the App or the Services without the express prior written consent from the Company; or

  • engage in conduct deemed contrary to the spirit of the App or the Services as determined by the Company in its sole discretion.

User agrees that we do not need to notify User in advance or give any reasons for any action we may take in connection with your misuse of the App or the Services, including suspending or cancelling your access to the App and the Services.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this App or to your downloading of any material posted on it, or on any Linked Sites.

We are not liable for any loss of tokens or assets incurred because of the suspension or cancellation of your access to the App and the Services.

6. Linked Sites

The App may contain links to other apps or websites that are not operated by us. We do not control these linked sites, and we make no warranties or representations about them. We are not responsible for any loss or damage that may arise from your use of them. Your use of the linked sites will be subject to the terms of use and service of each respective linked site.

Users are allowed to create a link to our website, but only if it is done in a fair, legal, and non-deceptive way. User must not create a link in a way that suggests we are associated with, endorse, or approve of your website or content. You must also not create a link from a website that is not owned by you. Our website must not be framed on any other website, and you may not create a link to any page other than the homepage. We reserve the right to revoke your linking permission at any time without notice. You must not create hyperlinks using any of our logos.

7. Disclaimer Of Warranty

THE APP IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE APP WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE APP WILL BE UNINTERRUPTED. YOUR USE OF THE APP AND ANY SERVICES OBTAINED OR ACCESSED VIA THE APP IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Intellectual Property, Software And Content

The Company or its licensors own all intellectual property rights to the software and content (including images) made available to you on or through the App or the Services. These rights are protected by copyright laws and treaties around the world. You may only store, print, and display the content for your own personal use. You are not allowed to publish, manipulate, distribute, or reproduce any of the content in any format, nor may you use it in connection with any business or commercial enterprise. You must not use the Company's trademarks (including names and logos) without its prior written consent. You grant to the Company a non-exclusive, irrevocable, global license (including the right to sublicense to third parties) to exercise the intellectual property rights in any content you submit through the App or the Services for any purpose.

9. Disclaimer Of Liability

UNDER NO CIRCUMSTANCES WHATSOEVER SHALL EITHER PARTY BE RESPONSIBLE TO THE OTHER PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER, PROVIDED THE PARTY AGAINST WHOM THE DAMAGES ARE CLAIMED HAS NOT ACTED IN BAD FAITH, WAS NOT GROSSLY NEGLIGENT, OR ENGAGED IN WILLFUL MISCONDUCT.

10. Indemnity

To the maximum extent permitted by law, you are liable for and must indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all liability, loss, damages, costs or third-party claims (including, but not limited to, legal fees on an indemnity basis), however caused, in connection with:

  • your use of the App or the Services;

  • any user content submitted by you or on your behalf;

  • any breach of these Terms of Use by you;

  • any alleged or actual infringement of a third party’s intellectual property rights or other right in connection with your use of the App or the Services; or

  • any unlawful or negligent act of you or anyone acting on your behalf.

Each indemnity contained in these Terms of Use is a continuing obligation notwithstanding any settlement of account or the occurrence of any other thing, and it is not necessary for the Company to incur expense or make payment before enforcing or making a claim under an indemnity.

11. Severability

If any part of the Terms of Use are unenforceable, the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

12. Force Majeure

The Company will not be in breach of these Terms of Use as a result of, or liable for, any failure or delay in the performance of the Company’s obligations under these Terms of Use to the extent that such failure or delay is wholly or partially caused, directly or indirectly, by any event outside the Company’s reasonable control or any act or omission of you or any third party.

13. Assignment

You must not assign, in whole or in part, or novate your rights and obligations under these Terms of Use without the prior written consent of the Company. The Company may assign its interest under these Terms of Use.

14. No Waiver

A right under these Terms of Use may only be waived in writing signed by the party granting the waiver and is effective only to the extent specifically set out in the waiver.

15. No Third-party Beneficiaries

Unless expressly provided otherwise, no person other than the parties to these Terms of Use has any rights under them, nor are they enforceable by any person other than the parties to them.

16. Governing Law And Jurisdiction

These Terms of Use are interpreted and enforced in accordance with the laws of the State of Florida and the parties irrevocably and unconditionally consent and agree that exclusive jurisdiction and venue for any litigation relating to the terms of this Agreement shall be in the Miami-Dade County Court for 11th Judicial Circuit of Florida.

17. Class Action Waiver

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

You have the right to opt-out and not be bound by the class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email address: [email protected]. Your notice must be sent within 30 days of your first use of the App and/or Services, otherwise you shall be bound to the class action wavier; if you opt-out, we also will not be bound.

18. Statute Of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Gamecat platform, the App, or Services, or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. Amendments

The Company may change these Terms of Use at any time. Changes will be effective immediately after they are posted on the App or through the Services. If you continue to use the App or the Services after changes have been made, you will be considered to have agreed to the new Terms of Use.

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