Terms and Conditions

Wincirque Platform is an online gaming and marketplace platform built on the Polygon blockchain that provides services of issuance and exchange of collectible digital assets (“Collectibles”). Wincirque Platform also grants users to play the Last Standing game (“Last Standing”), which is a unique football results prediction game, whereby by means of game passes, users can engage in weekly football prediction games based on the biggest football leagues in the world.

These Terms and Conditions (the “T&Cs” or the “Terms”) constitute a legally binding agreement between us, Wincirque S.R.L hereinafter referred to as, “the Company” or “we”, and you, as the user, hereinafter referred to as "you" or "user", collectively referred to as the Parties to this agreement, and govern your use of the Wincirque Platform available at Wincirque Platform website - https://wincirque.com/ (the “Website”).

Please read these Terms carefully. If you do not agree to these Terms, you shall not access or use our services.

1. General

1.1 — By creating an account on the Wincirque Platform, you, whether expressly or implied, agree to all the Terms as presented by us.

1.2 — We reserve the right to modify or update these T&Cs at any time and at our sole discretion without prior notice. We will inform you about such changes by publishing the amended version of T&Cs on the Website with updated “Last Revised” date. All the amendments or updates will be effective immediately upon being published on the Website. If you do not agree to any changes performed to the T&Cs, you must stop using the Wincirque Platform, since your continued use will be deemed as acceptance to the amendments. If after registering to our website, you do not agree to be bound by the Terms as stipulated, you are advised to refrain from using our website.

1.3 — There is only one version of these Terms. These T&Cs may be published in any number of languages, reflecting the same principles, for information purposes and to help its users. It is however only the Romanian version that is the legal basis of the relations between you and the Company. In case of any discrepancy between the T&Cs provided in Romanian and the non-Romanian version(s), the Romanian version always prevails.

2. Your Account

2.1 — In order to use the Wincirque Platform, you will need to connect to the platform with an email, which will be verified by an email with a code or by means of using a social media login, such as Google, Apple or Facebook. By connecting to our platform, a crypto wallet is generated for you which is bound to your login method. It is your sole and exclusive responsibility to ensure that your login details are kept secure.

2.2 — You are allowed to have only one account with the Company. If you attempt to open more than one account, all accounts you try to open may be blocked or closed.

2.3 - Since there is no account in the traditional sense, with all operations being done via the crypto wallet, you can terminate interaction with the platform by refraining from further using the website.

2.4 - We solely integrate the solution provided by Thirdweb for creating your login. By creating a login on the Wincirque Platform, you also agree with Thirdweb's terms and conditions. For more information, please see https://thirdweb.com/tos.

3. Obligations

3.1 — You are 18 years of age or comply with a higher minimum legal age, stipulated in the jurisdiction of your residence under the laws applicable to you. The Company maintains its right to require certain documentation required to prove the age and identity of the user whenever it deems necessary.

3.2 — If you have reason to believe that a person under the age of 18 years is accessing our services, please contact us immediately. Our customer support team can be contacted via [email protected].

3.3 — You are solely responsible for your account credentials including your username and password or any other linked email address used as a means to access your account. You are responsible for the security of any device on which you register your account and from which your account may be accessed. You shall immediately notify us if you suspect or become aware of unauthorised use of your account credentials. The Company shall not be responsible for any unauthorised use of your account.

3.4 — You may only participate on the Website on your own behalf and not on the behalf of any other person or company.

3.5 — You may not use funds that are tainted or associated with any illegality or use any funds which originate from illegal activity or source.

4. Wallet

4.1 - Please keep your wallet credentials secure. We are not, in any event, liable for the loss or theft of your credentials and/or any digital assets stored in such a wallet.

5. Digital Items

5.1 - All digital items, fungible and non-fungible, are stored on the Polygon blockchain.

5.2 - All games passes are fungible tokens. By registering in the associated game of a game pass, users trade their fungible token and redeem a non fungible one (NFT) that may be used to participate in the Last Standing rounds and make predictions.

5.3 - When a user purchases a game pass, such user becomes the definitive owner of the underlying NFT, in accordance with these Terms. Except where otherwise explicitly stated to the contrary, a user has the right to freely dispose of his or her game pass (via sale, loan, donation, transfer, etc.).

5.4 - Pursuant to the EU Consumer Protection Directive consumers have the right to return purchases made online or through other types of distance selling within 14 days for a full refund (“Right of Withdrawal”). Considering the digital nature of game passes and the immediate access to such game passes after the purchase, meaning that you become a definitive owner of the underlying game pass as described in Clause 6.9, you expressly waive your Right of Withdrawal by accepting these terms and purchasing a digital item on Wincirque platform.

5.5 — Notwithstanding the above, you expressly acknowledge and accept that the Company as the designer of every game pass has a personal licence to reproduce any artwork forming part of the game pass only as reasonably required for the purposes of promoting its involvement in the creation of the relevant game passes on its website, social media, or any other online platform where it is reasonable to promote the Company's work. Furthermore, you expressly acknowledge and accept that the Company has a right to use any artwork forming part of the game passes only as reasonably required for the purposes of promoting such game passes and Wincirqye Platform on the Company's website, social media, or any other online platform where it is reasonable to promote Wincirque Platform.

5.6 - WinPoints are fungible tokens which are rewarded for participating and progressing in games. They can also be rewarded by the Company to reward user's loyalty, at the sole discretion of the Company. WinPoints can be used as a currency on the Wincirque Platform.

6. Payments

6.1 — All fiat payments for digital collectibles are processed via paper.xyz whereby users can pay in Euro. Please visit https://withpaper.com/terms for more information about paper.

6.2 — Once the fiat payment is performed, such user receives the designated digital collectible into the wallet connected by that user on the Wincirque Platform.

6.3 - Additionally, payments can be made in MATIC, the native currency of the Polygon blockchain or in WinPoints, the custom currency of the Wincirque Platform.

7. Limitation Of Liability

7.1 - It is the user's obligation to ensure compliance with any local laws, regulations or directives, relevant to the user's residence and citizenship, if and when applicable. Any participation in the Wincirque Platform is at the user's sole discretion and risk.

7.2 — The Company grants the user a non-exclusive, non-transferable and limited personal use to access the Website. Website use is conditioned on continued user compliance with these T&Cs.

7.3 — The services offered on the Wincique Platform are available to users only within the scope of the current state of technology used. The Company provides no guarantee for the uninterrupted availability, or the serviceability of the services offered. The Company accepts no liability for the interrupted availability and serviceability of the services.

7.4 — The Company undertakes to supply steady services on the Website. However, the Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, the Website or Service.

7.5 — The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, hardware, software, failure due to technical problems or traffic congestion on the Internet or on the Website.

7.6 — To the maximum extent permitted by applicable law, under no circumstances shall the Company be responsible for any loss or damage resulting from use of the Website, from any content posted on or through the Website, or from the conduct of any users of the Website.

7.7 — In no circumstance shall the Company or any of its directors or employees be liable to the user for any damages whatsoever, including without limitation indirect, incidental or any type of consequential damages, which may arise from out of, or in connection with the users' use of the Website, including but not limited to the quality, accuracy or utility of the information provided.

7.8 — The Company is not liable for damages of any kind that are caused by the undue use of the account by the user or third parties.

7.9 — In case of infringement of these T&Cs by the user, the user shall indemnify and keep indemnified the Company from any claims by third parties and bear any losses, costs or damages resulting thereof. Should the user become aware of any legal action that may affect the Company, the user shall immediately inform the Company and provide the Company with all the information available.

7.10 — The forgoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction, and in no event shall the Company's cumulative liability to the user exceed the amount of fiat money the user paid to the Company in the current year of the claim, if any.

7.11 — The Company shall not be responsible for all liability in connection with any force majeure event including acts of God, labour disputes, electrical, telecommunications, hardware, software or other utility failures, earthquakes, storms or other nature-related events, blockages, riots, acts of orders of government, acts of terrorism or war, technological change.

8. Intellectual Property

8.1 All content, trademarks, services marks, trade names, logos and icons are the property of the Company or licensed to the Company to be used with permission. You may not copy, imitate, or use any of this intellectual property without our prior written consent. Nothing in these Terms grants you any intellectual property rights in the Wincirque Platform, other than the right to use the Wincirque Platform, in accordance with these Terms.

9. Indemnification

9.1 — The user agrees to fully indemnify the Company and its officers, directors, and employees, and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable lawyer's fees and costs, arising out of or in any way connected with:

9.1.1 — User's access to or use of the Wincirque Platform;

9.1.2 — User's violation of any of the terms of this Agreement; and/or

9.1.3 — User's breach of any applicable laws or regulations.

10. TERM AND TERMINATION

10.1 — These Terms shall be for an indefinite period until the user decides to terminate his or her relationship with us. Should the user wish to terminate and close his or her account such user may do so by sending an email to the Customer Support via [email protected].

10.2 — The Company may restrict, suspend or terminate your use of the Wincirque Platform without any notice if we, at our sole discretion, believe you are in breach of these Terms or applicable law, have reasons to believe that you are involved in any fraudulent and illegal activity.

10.3 — We may also suspend your use of the Wincirque Platform at any time for security reasons or if we reasonably suspect that your account has been or is being used without your authorization or fraudulently.

10.4 — We will try to give you advance notice of any suspension. Where advance notice is not possible, we will provide you with notice as soon as reasonably practicable thereafter.

10.5 — We may terminate this Agreement at any time and for any reason by giving you not less than 7 days written notice.

11 Complaints And Customer Support

11.1 - The Company is committed to providing quality support for its users. If you need any help or want to make a comment or complaint, please contact our customer support through social media or by email at [email protected]. The Customer Support manager assigned to the escalated case will commit to his or her best efforts to promptly resolve a reported matter internally. We aim to resolve all enquiries as soon as possible.

12 Governing Law And Dispute Resolution

12.1 - This Agreement shall be governed by and interpreted in accordance with the laws of Romania, excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in Romania.

13 Miscellaneous

13.1 — No third-party rights are created in these Terms. Only you, as the registered user of the Wincirque Platform, will have any rights to enforce in these Terms. You cannot assign or transfer any of your rights to someone else under these Terms.

13.2 — If any provision within these Terms is held to be illegal or unenforceable, such provision shall be severed from these Terms and Conditions and all other provisions shall remain in force unaffected by such severance.