Description

We are providing you with software to download, install and use on your devices. You can browse our website or download and install our apps and games at your own discretion. These terms apply to you when you use the services that link to these terms. These terms do not apply to any service, which does not indicate that these terms apply and provide a link to these terms.

• We operate the website of Thoplo at www.thoplo.com.
• We operate the website for showcasing our games at www.fishtailgames.com.
• We publish apps on the Google Play Store as Thoplo.
• We publish games on the Google Play Store as Thoplo Games.
• We publish apps and games on the Apple App Store as Thoplo.
• We operate various other online services required to keep the websites, apps, and games running.

To use our services, you must be of legal age that is required by your country to form a binding contract with us and only in compliance with this agreement, any applicable local, state, national and international laws, rules, and regulations. If you have been held ineligible, or been blocked by us, you should not use our service.

Before you download, install, or use our apps, you must check the source of your download to confirm whether the apps are suitable for you. You must confirm that you understand the content rating of the apps that you intend to play.

Free Service

Some of the Services that are available to you for viewing, downloading, installing, using and playing without any charge are Free Services. Advertisements support the Free Service, so you may be presented with different types of advertising banners, text, images, videos, or other digital presentations while you are browsing the website, or using our apps. You may be able to use some of the apps without an active internet connection on your device. The free Services might not be available for free in the future as we may limit access to those services, and you may be required to purchase a license or subscription to continue using such Services.

Paid Upgrades

Paid Upgrades are the features that are only available after you make payment. You can make a one-time payment via Google Play or App Store to enable access to the Paid Upgrades. You agree that you will not attempt to bypass the payment method to access the Paid Upgrades without making a payment. We may limit access to the Paid Upgrades in our sole determination if we believe you have obtained access to the Paid Upgrades without making a payment. We may change the price of the Paid Upgrades at any time, and the changes will be reflected immediately in the Service. You will not be required to make an additional payment if we raise the prices. We will not refund you any amount when we lower the rates.

Refunds

All sales are final unless you are not satisfied with the purchase. If you are not happy with the purchase, you may contact us through the contact form on our website or email us asking for a refund. After reviewing your request, we may refund your payment and revoke further access to the Paid Upgrades. You may not continue using the Paid Upgrades after you have received a refund. If you make an in-game purchase through Google Play or App Store, we do not process any of your payment information, and all of the payment is handled by the respective companies.

Your Content

Any content that you submit to our Service will remain the property of its respective owner. For example, if you upload your photo into the game to customize it, the intellectual property right to the photo remains yours. But, if you want to upload a photo of someone else, or someone else's copyrighted work, you must obtain permission from its owner. By uploading any content to our Service, you imply that you have the necessary permissions and rights to do so from the respective owner, and you are allowed by the governing law to do so.

Intellectual Property

Our name, logo, the name of the Service, its icons, and the designs inside the Service are our intellectual property and may be the trademarks or registered trademarks of Thoplo Private Limited. You may not use them elsewhere without written consent from us. All other trademarks not owned by us that appear on our Service are properties of their respective owners, who may or may not be connected to, affiliated with, or sponsored by us. Except any content uploaded by you, all text, images, designs, logos, illustrations, software, patents, trademarks, logo, copyrights, photographs, audio, video and all Intellectual Property Rights related to those items are the exclusive property of us and our vendors, service providers, or companies that provided us a license to use their content. Unless you have separate, written permission from us, no provision in these Terms grants you any right to sell, rent, modify, license, sub-license, distribute, create a copy, transmit or make derivative work from the Service.

Your Rights

Subject to these Terms, we grant you a non-exclusive, non-transferable license to use the Service for personal and non-commercial use. If you are a business or want to use the Service for a commercial purpose, we recommend you get in touch with us by email and obtain our consent before doing so.

Your Responsibilities

• You must not upload personal information of a child under 13 years of age unless you are a parent, or a legal guardian of that child, and have a legal right to do so.
• You accept that you have permitted us to store the content on our servers until the purpose of the collection is fulfilled.
• You must secure your device and payment information, and restrict access to our Service so that a child under 13 years of age cannot make a payment in your absence.
• You must not facilitate a child under 13 years of age to purchase anything using the Service.

Prohibited Conduct

Please use our Service wisely, reasonably, and with appropriate safety measures. Do not use our service when you are in an emergency or while you are in control of a vehicle or machinery. We take no responsibility for any harm or loss you incur by using our Service when you were aware of any foreseeable consequence unless the law prohibits us from withdrawing our responsibility. You agree not to perform any of the following actions:

• Re-distribute, sell or lease any portion of the Service
• Use the Service primarily to build a product of competitive nature
• Reverse engineer or attempt to view or change the source code of the Service, except to the extent that the applicable law permits
• Use the Service with an incentive to replicate its features, functionality, and offerings
• Use the Service using automated tools without our permission

Third-party Links

The Service may include different types of links to third-party websites, events, stores, activities, and advertisers. We do not own or control the contents available through the links. If you access any third-party site from our Service, you understand that these Terms and our Privacy Policy do not apply to your use of third-party services. You expressly relieve us from any liability that may arise from your use of a third-party website or service or exposing yourself to the information or products made available on those websites. We cannot warrant that the content, services, information, or products offered by them are relevant to you. Any dispute, contract, warranty, claim, or payment is solely between you and the owner of the third party service. We are not responsible for any risk, loss, or damage caused by your relationship with those third-party services.

Indemnify

You agree to defend, indemnify and hold harmless Thoplo Private Limited and its owners, partners, agents, vendors, subsidiaries, managers, and other affiliated companies and their agents, officers, directors, contractors, and employees from and against all liabilities, losses, debts, expenses, costs, damages, obligations and claims, including but not limited to all fees, fares, or charges arising from:

• Your access to or use of the Service, including any Content sent or received;
• Your violation of any provision of these terms, including but not limited to your false claims of representation or warranties above;
• Your violation of any contract or agreement with a third-party;
• Your violation of any applicable rule, regulation, or law;
• Your breach of any Intellectual Property Rights, right of privacy, or other rights of a third party;
• Any event that leads to the use of your device to submit any Content;
• Any third-party's access to the Service with a device owned by you at the time of an event that resulted in any claim or damages;

Disclaimer of Warranty

WHILE THE SERVICE SUBSTANTIALLY CONFORMS TO ITS PUBLISHED SPECIFICATIONS, THE SERVICE IS PROVIDED IN "AS IS" BASIS. IN NO EVENT DO WE WARRANT THAT THE SERVICE IS ERROR-FREE OR THAT USERS WILL BE ABLE TO USE THE SERVICE WITHOUT ANY PROBLEM OR INTERRUPTION. ALL EXPRESSED OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT WILL WE OR OUR AFFILIATES, SPONSORS, VENDORS, CONTRACTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR AS A RESULT OF BINDING TO THIS AGREEMENT, EVEN IF WE OR OUR SPONSORS, VENDORS, CONTRACTORS, EMPLOYEES, AFFILIATES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE SERVICE MAY CONTAIN INACCURATE AND INCOMPLETE INFORMATION, WHICH MIGHT BECOME OBSOLETE OR INVALID OVER TIME. YOU WILL BE SOLELY RESPONSIBLE FOR VERIFYING THAT THE INFORMATION PROVIDED IS CORRECT AND FITS YOUR PURPOSE. SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY, OR STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL OUR OR OUR SPONSORS', PARTNERS', CONTRACTORS', EMPLOYEES', VENDORS', AFFILIATES' OR AGENTS' LIABILITY TO USER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY YOU TO USE THE SERVICE, OR $10 USD (TEN UNITED STATES DOLLARS), WHICHEVER LESS.

Survival

The previous limitations shall apply even if the above-stated warranty fails of its essential purpose. The Service is offered by us from the Federal Democratic Republic of Nepal. We make no representations that the Service is available or appropriate for use in any other locations outside of Nepal. If you use our Service from any other state or country, you agree that you are entirely responsible for getting appropriate permissions and consent from any required local, state, and international regulatory bodies to do so. Despite any age specified in the terms above, you agree that you have reached the age required by your jurisdiction to be able to use the Service. If you have not reached the age that is set as a minimum by your jurisdiction to be able to use any features provided by our Service, you must not use our Service. You also agree that you are entirely responsible for compliance with all applicable laws of Nepal and your local laws and regulations. In no way shall these Terms limit any consumers' legal rights that you might have.

Legal Binding

This is a legally binding agreement between you and Thoplo Private Limited. This agreement may not be transferred to another person or company by you, but may be assigned by us to anyone without any restriction. Any attempted assignment or transfer of this agreement in violation of the above terms shall be null and void. We may modify or update these Terms in our sole discretion, and indicate the last updated date at the bottom of this page. If you continue to use our Service after any such change, you signify that you have read and agree to the updated Terms. If you do not agree with any of the conditions set in these Terms, you should not use our Service. To make sure you do not violate any new terms you can visit this page and verify the last updated date. Any provision of the agreement, if found illegal or void, will be eliminated; however, the remainder will continue to hold the full force and effect.

Waiver

The event when Thoplo Private Limited did not take any action or enforce any right or provision of these Terms would not mean a waiver of such rights or provisions.

Amendment

We may, without any prior notice, change the nature of delivery or presentation of our Service. We may also stop providing the Service or some features of the Service to you or all users. We may enforce usage limits for the Service. We may temporarily or permanently terminate the Service's functionality at our sole discretion. If we believe that you have violated any provision of these Terms, we may limit, terminate or suspend your access to the Service at any time without notice and liability of any kind, to the extent permitted by applicable law. We may also limit your access to the Service without disclosing a reason. You continue to be bound by these Terms with respect to any provision which is intended to survive termination, even after termination, suspension, or limitation enforced to your access to the Services.