Terms of Service

THE RELATIONSHIP BETWEEN THE USER AND MATCHUP GAMES CONCERNING THE USER'S USE OF MATCHUP GAMES' SERVICES IS GOVERNED BY THIS AGREEMENT TOGETHER WITH THE OTHER RELEVANT MATCHUP GAMES POLICIES.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, THE USER (OR, FOR A MINOR, THE USER'S PARENT OR GUARDIAN, AS DESCRIBED IN SECTION 2) ACCEPTS THE TERMS OF THIS AGREEMENT. IF THE USER DOES NOT ACCEPT THEM, THE USER MUST NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE.

This Agreement applies to every game and application MatchUp Games publishes, on any platform (such as PowerUp Pool), and to our website https://www.matchupgames.com. It is not limited to a single title.

Our company and games covered by this Agreement

This document also applies to any other game we publish in the future under the MatchUp Games name. We will add each new game to the list above.

Table of contents

1. Definitions
2. Restrictions
3. Amendments of the Agreement
4. Licence
5. Termination of Account and Service
6. Ownership
7. User Content
8. Licence to User Content
9. Interactions
10. In-Service Purchase Terms
11. Updates
12. No Warranties
13. Limitation of liability
14. Governing Law and Dispute Resolution
15. Severability
16. Right to transfer
17. Additional Policies
18. Entire Agreement
19. No Waiver
20. Notices
21. Force Majeure
22. Right to change
23. Advertising
24. Privacy and user data (including Apple App Privacy)
25. Contact us

1. Definitions

Capitalised terms in this Agreement have the following meanings:

1. MatchUp Games (also 'we', 'us' or 'our') – MatchUp Games Ltd, a company registered in the United Kingdom at 23 Hillside Drive, Edgware, Middlesex, Hertfordshire HA8 7PF. Our mailing address is Merry Hill Rd, 5 Waterhouse Place, Bushey, England WD23, United Kingdom. You can reach us by phone at (+44) 7724 395489 or by email at contact@matchupgames.com.
2. Agreement – these Terms of Service.
3. Account – an account created by the User in the Service. Where a game offers an Account, the User creates it by signing in with a third-party account through OAuth, for example a Google account. We do not issue a separate username and password for our games. The User must take reasonable steps to keep the Account, and the third-party account used to sign in, secure, and must not share them with anyone. If the User suspects that the Account is no longer secure, for example because a device or the sign-in account has been lost or stolen, the User should tell MatchUp Games and secure the sign-in account straight away. The User (or, where the User is a minor, the User's parent or guardian, as described in section 2) is responsible for all activity under the Account, including purchases, whether or not the User authorised them. MatchUp Games may remove, reclaim or change a display name or other profile detail at any time, in particular where it is inappropriate or a third party claims that it infringes their rights. The User may disconnect the third-party sign-in account from the Account, or ask us to delete the Account, at any time by contacting us. We will then delete the name and user ID we received from that sign-in provider, as described in section IV e of our Privacy Policy.
4. Intellectual Property Rights – all data, information, video, graphics, sound, music, photographs, software and other materials or content in any format; copyright; computer code and scripts, whether compiled or not and in any language; patents, utility models, trade marks, service marks, trade names, domain names, logos and get-up; know-how, inventions, trade secrets and confidential information; rights in software, data and databases; design rights (registered or unregistered); and all other intangible rights and forms of protection of a similar nature or effect, wherever in the world they exist.
5. Platform – a third-party distribution platform (for example Google Play on Android or the Apple App Store on iOS) through which MatchUp Games distributes the Services.
6. Restricted Content – any content or term that:
   1. promotes or relates to illegal activity (such as illegal drugs, phishing, terrorism, other criminal activity, pyramid schemes or chain letters);
   2. promotes or relates to tobacco, gambling or weapons;
   3. relates to pornographic or obscene material;
   4. relates to excessively graphic or explicit violence;
   5. is defamatory, inappropriate or profane;
   6. is discriminatory or amounts to hate speech, whether aimed at an individual or a group, and whether based on race, sex, creed, national origin, religion, sexual orientation, disability or language; or
   7. contains or promotes viruses, worms, corrupted files, cracks or other material intended to, or likely to, damage or disable the software, hardware or security measures of MatchUp Games, any User or any third party.
7. Service or Services – the games and applications published by MatchUp Games (including every game we make available now or later, such as PowerUp Pool), our website and any related services that refer or link to this Agreement.
8. SNS – a social networking site or other third-party account provider, such as Google.
9. User (also 'you') – any person who uses the Services.
10. User Content – all data and content that the User uploads, transmits, creates, generates, posts, publishes or shares on or through the Services, including messages, feedback, suggestions, reviews and other content. User Content must be accurate, must comply with the law and this Agreement, must not contain confidential information or Restricted Content, and must not contain viruses, adware, spyware, worms or other harmful code, files or software. Any personal data contained in User Content is handled in line with our Privacy Policy.
11. Virtual Items – (i) virtual currency, such as coins, tokens or points, for use in the Services, and (ii) virtual in-game items, in each case whether earned in a game or purchased, where a game offers them. Not every game offers Virtual Items, and the terms in this Agreement that refer to Virtual Items apply only where a game does.

2. Restrictions

1. Our games carry a content rating of 3+ (PEGI 3 / IARC 3+, and 4+ on the Apple App Store), which describes how suitable their content is. The Services are intended for players aged 13 and over, and MatchUp Games does not knowingly collect, and does not wish to collect, information about children under 13. Creating an Account or using the Services is not permitted for persons under the age of 13, and the User shall not allow children under the age of 13 to access the Services.
2. If the User is between 13 and 17 years old, the User's parent or legal guardian must review and accept this Agreement on the User's behalf before the User uses the Services.
3. The parent or guardian is responsible for the minor's use of the Services, including any purchases made with payment methods linked to the parent's or guardian's Platform account. We recommend using the parental controls offered by the Platforms (such as purchase approval or authentication settings) to manage in-game purchases.
4. If the User accesses the Service through an SNS or a Platform, the User must comply with that provider's terms as well as this Agreement.
5. The User must not:
   1. use the Service if MatchUp Games has previously removed or banned the User from any of our games;
   2. create an Account using a false identity or false information, or on behalf of anyone other than the User;
   3. buy, sell, rent, give away or otherwise transfer an Account;
   4. use the Account for commercial purposes, or to advertise, solicit or send commercial messages, chain letters, junk mail, spam or repetitive or misleading messages to anyone;
   5. use any software that gives an unfair advantage over other players, including DDoS tools, cheat clients, auto-typers, exploits, automation software, bots, hacks, mods or any other unauthorised third-party software;
   6. use auto-clickers or any other program that performs repeated or automated taps, clicks or keystrokes; or
   7. use third-party software or macros to automate in-game actions or otherwise gain benefits within a game.

3. Amendments of the Agreement

MatchUp Games may amend this Agreement and our other relevant policies from time to time. The amended version will be published on our website and, where appropriate, within the Services, and we will let the User know about the changes. If the User keeps using the Services after the changes take effect, the User is treated as having accepted them. If the User does not agree to the changes, the User's licence ends and the User must stop using the Service.

4. Licence

1. Limited licence. Subject to this Agreement and our other relevant policies, MatchUp Games grants the User a non-exclusive, non-transferable, non-sublicensable, revocable and limited licence to access and use the Service for the User's own personal, non-commercial entertainment. The User must not use the Service for any other purpose.
2. Licence limitations. The User may only use the Service while complying with these limitations. If the User does not, MatchUp Games may revoke the licence, and the User remains responsible for any breach of the law. The User must not:
   1. break any law, including intellectual property law, or use the Service in a way that is unlawful in the User's country;
   2. act against the community of players, our staff, MatchUp Games or the spirit and purpose of the Service, or misuse the Service, including by posting, uploading or sharing anything that could be regarded as Restricted Content or that is otherwise offensive;
   3. modify or interfere with the Service, directly or indirectly, using cheats, exploits, automation software, bots, hacks, mods or any other unauthorised third-party software;
   4. harm the Services, our servers and systems, or other Users, including by overloading our servers, attacking or distributing viruses to the Service, gaining unauthorised access to the Service or to data we protect (in particular personal data), manipulating the Service (including any rankings or leaderboards a game may offer), exploiting bugs, or modifying any files that make up the Service without our prior written consent; or
   5. except as permitted by applicable law, copy, decompile, disassemble or reverse engineer any software that forms part of the Service, or scrape or systematically collect data from it.

MatchUp Games may decide, acting reasonably, which conduct breaches this Agreement, and may take appropriate action, including removing User Content, suspending or closing the User's Account, blocking the User from the Service or taking any other step permitted by law.

5. Termination of Account and Service

Without limiting our other remedies, if MatchUp Games considers that the User has breached this Agreement or the law, we may limit, suspend, terminate, modify or delete the User's Account, or the User's access to the Service or any part of it. Except where the law requires otherwise, we are not obliged to compensate the User for the loss of the Account, Virtual Items or any other benefits linked to the Services that results from such a decision. We may also take other technical and legal steps to keep the User away from the Service where we consider that the User's conduct breaks the law or infringes the rights of others, including Intellectual Property Rights, or exposes MatchUp Games to possible legal action. If we close an Account for these reasons, the User must not create a new Account under their own name, a false or borrowed name, or anyone else's name.

MatchUp Games may stop supporting or offering the Service, or any game, at any time and for any reason. In that case the User's licence for that Service ends. Subject to the User's statutory rights, we are not responsible for compensating the User for any lost benefits, privileges or Virtual Items resulting from the Service being discontinued.

The User may close the Account at any time and for any reason by asking us to delete it. To do so, submit a data subject access request or email contact@matchupgames.com.

6. Ownership

MatchUp Games (or its licensors) owns all rights, title and interest, including all Intellectual Property Rights and other proprietary rights, in and to:

1. Games and Service – including all games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, concepts, artwork, animations, sounds, music, audio-visual effects, methods of operation, documentation, website designs, text, photographs, graphics, trade marks and logos, and our game clients and server software.
2. Accounts – the User has no ownership or other proprietary interest in the Account.
3. Virtual Items – the User has no right or title in or to any content that appears in the Service, including Virtual Items. The User receives only the limited licence described in this Agreement.

All rights not expressly granted to the User are reserved. If the User wishes to use our content or trade marks in any way not allowed by this Agreement, the User should ask us first at contact@matchupgames.com.

7. User Content

The User promises that User Content complies with this Agreement and with the law, and does not infringe anyone else's rights, including Intellectual Property Rights. The User agrees that MatchUp Games will handle User Content in line with our policies. Where a game includes features for sending messages or other content, MatchUp Games may monitor, record or store the User's interactions with the Services, with us and with other players for the purposes described in our Privacy Policy, including fraud prevention, security and compliance. We may also edit, decline to publish or remove any User Content.

MatchUp Games is not responsible for User Content; the User alone is responsible for it. The User uses the Services at the User's own risk, and we have no obligation to monitor the User's content or conduct. Without limiting our other remedies, the User will compensate MatchUp Games for any loss arising from the User's User Content, including claims by other Users and decisions of courts or other authorities, to the extent the loss is caused by the User's intentional or negligent conduct.

8. Licence to User Content

MatchUp Games does not claim ownership of User Content, and nothing in this Agreement limits the User's own right to use it. However, by making User Content available on or through the Services, the User grants MatchUp Games an irrevocable, perpetual, worldwide, royalty-free, fully paid-up, transferable licence (with the right to sublicense and assign) to use that User Content for any lawful purpose, including the operation, marketing and promotion of the Services. This includes the right to:

1. record, reproduce and make copies of the User Content by any technique and in any format, on any medium, including storing it in the memory of a computer or other device;
2. place the original or copies on the market, and lend or rent them;
3. distribute the User Content in any other way, including:
   1. broadcasting or re-broadcasting it by wired or wireless means, satellite, cable, telecommunications, multimedia or online systems, whether encoded or not and in any technique or format;
   2. making it publicly available so that anyone can access it at a time and place of their choosing, including over the internet and other networks, databases and servers; and
   3. publicly performing, displaying or exhibiting it;
4. where User Content includes software, duplicate it permanently or temporarily, in whole or in part, and distribute, lend or rent it.

MatchUp Games may therefore copy, adapt, modify, create derivative works from, publish, distribute, license, transmit, publicly display or perform, and otherwise use the User Content and any works derived from it.

Feedback, suggestions, ideas or other submissions the User sends us about the Services may be used and shared by MatchUp Games for any purpose, without payment or attribution to the User. Any use of the User's name or other personal data in connection with User Content will take place only within the scope described in our Privacy Policy and in line with UK data protection law (the UK GDPR and the Data Protection Act 2018) and, where it applies, the EU General Data Protection Regulation.

To the extent permitted by applicable law, the User waives, and agrees not to assert, any moral rights or rights of attribution in User Content, whether or not the User Content is altered.

9. Interactions

MatchUp Games is not responsible for the User's interactions with other Users or third parties, although we may choose to get involved in disputes arising from use of the Services. If the User suspects that another User is acting unlawfully, harmfully or otherwise improperly, the User should contact us at contact@matchupgames.com. To the extent permitted by law, the User releases MatchUp Games from claims, demands and damages arising from disputes between the User and other Users.

10. In-Service Purchase Terms

While using the Service, the User may buy a limited, personal, non-transferable, non-sublicensable and revocable licence to use digital content, including Virtual Items where a game offers them, and other digital goods or services. All purchases are made through the User's Platform account and processed by Google Play Billing or the Apple App Store, not by MatchUp Games. We receive purchase history, but not the User's payment card details. Billing and payment are governed by the relevant Platform's terms, and payment issues should be raised with that Platform operator.

MatchUp Games may change prices at any time, but a change will not affect a purchase the User has already completed. Only MatchUp Games, through the Platforms, is authorised to sell Virtual Items. We are not responsible for Virtual Items or other goods or services bought from anyone else.

Where a game offers Virtual Items, MatchUp Games may modify, remove, manage or regulate them at any time, for example to keep a game balanced or working properly. Unless the Service expressly allows it, the User must not transfer Virtual Items to anyone else.

When the User buys digital content (including any Virtual Items), the User asks us to supply it immediately and acknowledges that, once supply begins, the User loses the statutory right to cancel within 14 days. Apart from that, and except where the law requires otherwise, purchases are final and are not refundable, including for unused Virtual Items or when an Account is closed. Refund requests made through a Platform are handled under that Platform's refund policy. Nothing in this section affects the User's statutory rights, including the right under the Consumer Rights Act 2015 to a repair, replacement or refund if digital content is faulty or not as described.

The User agrees to pay all fees and applicable taxes incurred by the User or by anyone using the User's Account. Where the User is a minor, this responsibility lies with the User's parent or guardian, as set out in section 2.

11. Updates

To keep the Service working properly, MatchUp Games may update the Service from time to time, sometimes without prior notice. To keep using the Service, the User may need to install these updates, including updates to third-party software the Service relies on. We have no obligation to maintain or support the Service or to release any particular update, except where the law requires us to keep digital content in conformity with this Agreement.

12. No Warranties

To the extent permitted by law, the Services are provided 'as is' and 'as available'. MatchUp Games does not promise that the Services will be available at every time or place the User chooses, will be uninterrupted or error-free, or will be free of viruses or other harmful components, or that the Services will suit any particular purpose of the User. Information on the Services may contain errors or omissions, which we may correct at any time. This section does not limit any rights the User has as a consumer that cannot be excluded by law.

13. Limitation of liability

MatchUp Games is responsible for loss or damage the User suffers that is a foreseeable result of our breach of this Agreement or our failure to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen, or if both the User and MatchUp Games knew it might happen when the User started using the Services. The Services are provided for domestic and private use only, so we have no liability to the User for any loss of profit, loss of business, business interruption or loss of business opportunity. To the extent permitted by law, our total liability to the User in connection with the Services is limited to the amount, if any, that the User has paid to us or through the Platforms for the Services. Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under the law of England and Wales. This Agreement does not affect the User's statutory rights as a consumer, including under the Consumer Rights Act 2015.

The User agrees to indemnify, defend and hold harmless MatchUp Games and its officers, directors, agents, affiliates and employees against any claim, demand, damages or other losses, including reasonable legal fees, brought by a third party and arising from the User's use of the Service or breach of this Agreement. For the avoidance of doubt, this does not apply where the infringement is not attributable to the User's intentional or negligent conduct.

14. Governing Law and Dispute Resolution

This Agreement, and any dispute arising from it or from our Privacy Policy, is governed by the law of England and Wales. The courts of England and Wales have non-exclusive jurisdiction over any such dispute. If the User lives in Scotland or Northern Ireland, the User may also bring proceedings in the courts of that country. If the User is a consumer whose habitual residence is in the European Union, the User also keeps the protection of the mandatory laws of the User's country of residence and may bring a claim in the courts of that country.

If a dispute arises between the User and MatchUp Games, we strongly encourage the User to contact us first so that we can try to resolve it informally. Complaints can be sent to contact@matchupgames.com or by post to the address in the Contact us section. Users in California whose complaint is not resolved satisfactorily may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

15. Severability

If any provision of this Agreement or of our Privacy Policy is found by a competent court to be unlawful or unenforceable, in whole or in part, that provision will be ineffective in that jurisdiction only to the extent of the finding, and the remaining provisions will not be affected.

16. Right to transfer

MatchUp Games may transfer this Agreement or any related policy, in whole or in part, to another person or organisation at any time, provided this does not reduce the User's rights under it. The User may transfer the User's rights or obligations under this Agreement only with our prior written consent.

17. Additional Policies

MatchUp Games may publish additional policies relating to the Services, such as our Privacy Policy. To use the Services, the User must accept and follow those policies.

18. Entire Agreement

This Agreement, together with any documents it refers to, is the entire agreement between MatchUp Games and the User about its subject matter. It replaces any earlier agreements or understandings on that subject, whether electronic, oral or written, or arising from custom, practice or policy. This Agreement does not create any partnership, joint venture, employment or agency relationship between the User and us.

19. No Waiver

If MatchUp Games fails to enforce, or delays in enforcing, any right under this Agreement or our other policies, that does not stop us from enforcing it later, and an earlier failure or delay cannot be relied on as a defence. A waiver by us is valid only if made in writing, applies only to the rights it names and does not extend to future claims unless it expressly says so.

20. Notices

MatchUp Games may send notices to the User through our website (https://www.matchupgames.com), within the Services, or by using contact details the User has given us. Notices from the User to us should be sent to contact@matchupgames.com or to the postal address in the Contact us section. The User agrees that agreements, notices and other communications we provide electronically satisfy any legal requirement that they be in writing.

21. Force Majeure

MatchUp Games is not liable for any failure or delay in performing this Agreement caused by events beyond our reasonable control, including natural disasters, industrial action, power or utility outages, telecommunications or internet failures, earthquakes, storms and other severe weather, blockades, embargoes, riots, government action, terrorism or war, and our obligations are suspended for as long as the event continues.

22. Right to change

MatchUp Games may make changes to this Agreement where necessary, in particular for legal reasons or because of changes to the Services we provide. If this happens, we will let the User know and will publish the current version of the Agreement, showing the date of the latest changes, on www.matchupgames.com.

23. Advertising

The Services may display advertisements and other information from third-party advertisers. We provide the space for those advertisements and have no other relationship with the advertisers. MatchUp Games does not endorse, and is not responsible for, products or services advertised by third parties, or for any transaction between the User and an advertiser. How advertising uses data is explained in our Privacy Policy and in section 24 below.

24. Privacy and user data

We care about data privacy and security. Our Privacy Policy explains how we collect and use personal data and forms part of this Agreement. The Services are hosted in the United Kingdom, the United States and the European Union, and our Trusted Partners may process data in other countries. If the User accesses the Services from elsewhere, the User's data will be transferred to and processed in those countries, as described in our Privacy Policy.

We keep certain data that the User transmits to the Services, and data about the User's use of them, to manage the performance of the Services. Although we perform regular routine backups, the User remains responsible for data the User transmits, and to the extent permitted by law we are not liable for its loss or corruption.

What data our games collect, why we collect it, and how it matches our Google Play Data safety and Apple App Privacy disclosures is set out in section IV of our Privacy Policy, including how we handle Google user data when the User signs in with Google (section IV e).

25. Contact us

To make a complaint about the Services or to ask for more information about using them, please contact us at:

MatchUp Games Ltd
Merry Hill Rd, 5 Waterhouse Place
Bushey, England WD23
United Kingdom
Phone: (+44) 7724 395489
contact@matchupgames.com

Registered office: 23 Hillside Drive, Edgware, Middlesex, Hertfordshire HA8 7PF, United Kingdom.

To review, update, or delete personal information, submit a data subject access request.