Terms of Use | Mioris

Effective 14 November 2021.

APPLICATION DESCRIPTION AND ACCEPTANCE OF THE TERMS
1. These Terms of Use (the "Terms") apply to the "Trivia Quiz IQ Brain mind game" (hereinafter the "Application") and govern the relationship between the User and Mioris, company number: HE425231, with its registered address: Charalampou Mouskou, 20 ABC CENTER, 1st Floor, Flat / Office 108, Paphos 8010, Cyprus. Note that the name of the Application may be different, depending on the country in which the User is located.
2. You can download the application to your device from this link provided by Mioris (hereinafter "Mioris", "we", "us", "our").
3. Mioris grants you access to the Application provided that you accept the Terms of Use of the Application. These Terms are a binding agreement between you and Mioris. We may terminate this agreement with you immediately if you fail to comply with any provision of the Terms.
4. Mioris reserves the right to update the Terms of Use of the Application. The new version of the Terms of Use shall enter into force upon its posting on the Mioris website (hereinafter referred to as the “Website”) and in the Application. Your subsequent use of the Application after the update shall mean your acceptance of the new Terms of Use of the Application.
5. Mioris strives to make the Application as useful and effective as possible. For this reason, we reserve the right to make changes to the Application and/or charge for its services. We will never charge you for using the Application without explaining what you are paying for. Your subsequent use of the Application, after making changes, obliges you to follow the rules and means that you accept the new Terms of Use of the Application.
6. The application "Trivia Quiz IQ Brain mind game" is a shareware offline game with puzzle elements, in which you need to answer questions from various areas of general knowledge. The Application provides some chargeable services - PRO subscription and Ingame currency - coins.
7. The Application is not a lottery, bet, tote, gambling or other risk-based game and is intended solely for your personal, non-commercial use, and is available for informational and entertainment purposes only. By your subsequent use of the Application, you agree not to use the Application for any other purpose.
8. The "Trivia Quiz IQ Brain mind game" application shall not be deemed as a Children's application, is not intended for children, and is not subject to the Children's Online Privacy Protection Act (COPPA). The age limit applied on the “App store” application platform for downloading our Application is 4+ years.
TERMS AND DEFINITIONS
1. Ingame currency — means private electronic currency in the form of coins, which are used to purchase tips, opportunities to skip questions or buy extra life by passing levels.
2. Mioris Content — means software, software code, technology, text, questions, answers, publications, messages, including: emails, links, music, sounds, images, videos and all other audiovisual materials available when using the Application, as well as the game design of the Application and the web design of the Mioris website.
3. Purchases in the Application — means a transaction to obtain Ingame Currency and/or PRO subscriptions that you purchase for Real Currency using the Application.
4. User — means a person who plays in the Application (hereinafter "you", "you", "yours").
5. Real Currency — means a legal form of payment, generally accepted as a way of exchange in the issuing country, for which you can purchase coins and/or a PRO subscription.
6. Third parties — means individuals, sole proprietors and legal entities that are not Users.
LICENSE TO USE THE APPLICATION
1. Subject to your consent and continued compliance with the Terms of Use of the Application and Privacy Policy, Mioris grants you a limited, non-exclusive, revocable license to access and use the Application, including software, Mioris Content and other materials related to the Application, for personal, non-commercial use only.
2. We reserve all proprietary rights to the Mioris Application and Content without providing them to you expressly in accordance with these Terms.
APPLICATION CONNECTION
1. You do not need an active internet connection to use the Application.
2. To purchase a PRO subscription and/or Ingame Currency, the Application must be connected to the Internet. The connection can be via Wi-Fi or provided by your mobile network operator. We are not responsible for the fact that the Application does not work with full functionality if you do not have access to Wi-Fi or mobile network.
3. If you use the Application outside of the Wi-Fi zone, remember that your agreement with your mobile service provider will still apply. As a result, your mobile operator may charge you for the costs incurred for the entire connection time during access to the Application.

MIORIS INTELLECTUAL PROPERTY
1. Mioris owns all intellectual and copyright rights, trademarks, and other proprietary rights regarding Mioris Content. Unless expressly stated otherwise, you must assume that all Mioris Content and property rights are protected by international intellectual property laws and shall not be used otherwise than as permitted by these Terms.
2. You are not entitled to any Mioris Content and undertake not to copy, republish, modify, distribute, license, sublicense, perform engineering analysis or create derivative applications based on the Application, software or services on the Website, except as provided under these Terms.
3. Your misuse of Mioris intellectual property displayed on the Website and in the Application, or any Mioris Content, is strictly prohibited. Mioris will enforce its intellectual property rights to the fullest extent of international law.
4. Your use of all materials, information and Mioris Content of the Application provided to you by Mioris by any means is governed by the Privacy Policy.
GAME PROCESS
1. The purpose of this Application is to enable the User to test its knowledge and mindset skills by answering questions from various fields of knowledge and science, in order to expand the boundaries of knowledge and awareness.
2. Game description:
  1. The User gets access to a step-by-step field with levels - "cards". Each card has its own theme regarding tasks and questions, and differs in types: text, visual with texts and music.
  2. The card contains a question that is in the center of the inner circle. Around the inner circle the User is provided with answer options, which are placed in the circles of the middle circle. Around the middle circle the User is provided with answer options that are also in the circles of the outer circle.
  3. To answer the question, the User needs to compare the answers that are in the middle and outer circle, so that the information on the content and topic corresponds to the question in the inner circle.
  4. For each correct answer you will receive points - "brains". To pass the level you need to get enough points to fill in purple the inner circle with a question.
  5. To pass the level, the User is given three attempts. If you make three mistakes, you will lose your "life", which will force you to pass this card again.
  6. After successfully passing the level, your points - "brains" are stored and accumulated. In case of accumulation of a certain number of points, the User is given coins, for which you can buy additional tips and/or the opportunity to skip questions, or get extra life by passing the level.
PURCHASES IN THE APPLICATION. USE OF INGAME CURRENCY
1. Mioris provides the User the opportunity to make a Purchase in the Application. When making purchases, you agree to provide complete, accurate and clear information about yourself, and not to use fraudulent and illegal payment methods.
2. Mioris does not process and is not responsible for processing acquiring of purchases in the Application. All transactions for the purchase of Purchases in the Application are processed by a third-party payment operator, Apple Inc. By making in-App Purchases, you agree to abide by the terms of the Apple Inc. User Agreement. You can read the rules of the application store by following the link.
3. PRO subscription. You can purchase PRO subscription for one month, or make a one-time purchase forever. The Pro subscription is available and valid for the time for which it was purchased, regardless of your use of the Application.
4. Key features of PRO subscription:
  1. there is no cross-page advertising, which is shown to the User between the levels - "cards";
  2. 5 free tips every day;
  3. unique questions.
5. The PRO subscription fee will be deducted from your App Store account upon confirmation of purchase.
6. The monthly PRO subscription is automatically renewed if the subscription is not canceled 24 hours before the end of the current subscription period.
7. The user can manage PRO subscriptions, automatic renewal can be disabled.
8. Coins. An Ingame currency that you can purchase using Real Currency or earn coins in our Application. Methods of obtaining Coins:
  1. Shareware: playing roulette wheel and watching video ads, as well as for successfully passed levels;
  2. Paid: purchase of Coins for Real Currency in the Application.
9. After making a Purchase in the Application, you are responsible for any loss or damage to the result of the Purchase in the Application, Mioris shall not be liable in such circumstances, regardless of the reason. You clearly understand and agree that your use of the Application and Purchases in the Application is at your own risk. The Application and in-app purchases are provided "as is" and "as available". All Purchases in the Application are final and the funds spent on them are non-refundable, except as provided in these Terms.
10. Refund of Real Currency for Purchases in the Application may be made in the manner and according to the rules provided by the Terms and Conditions of Apple's media services.
11. Prices for PRO subscription and Coins are set by Mioris and can be changed at any time at our discretion.
12. Mioris has the unrestricted right to regulate, change and/or delete the Ingame Currency and/or Purchases at its sole discretion and is not obligated to reimburse you for the costs incurred in connection with the removal or change in the value of the Ingame Currency, Subscriptions and Purchases in the Application.
13. You have the option to uninstall the Application. Please note that after removing the App, you can resume all previous purchases by re-downloading the Application and clicking the "Resume Purchases" button.
CONFIDENTIALITY AND SECURITY
1. Your data, as well as the information you may provide while using the Application, are subject to the Mioris Privacy Policy.
2. By using the Application, you are prohibited from:
  1. cheating, or performing other illegal actions, to participate, directly or indirectly, in the use of fraudulent techniques (cheat codes) or system vulnerabilities aimed at interfering with the work of the Application;
  2. using automated software, emulators, bots, software, any other unauthorized third-party software designed to modify or interfere with the Application;
  3. selling the User's account and/or the access to other Users' accounts in the Application or any part of the Application, including Ingame Currency and Purchases, in exchange for Real Currency or items and/or services with monetary value;
  4. performing any actions that fraudulently lead to or may cause the loss of Authorized Users of the Ingame Currency, Purchases in the Application, which were legally obtained.
3. You agree to protect, indemnify and defend Mioris and its licensors, employees, contractors, suppliers and successors, and their respective officers, directors, employees and agents against all obligations, calls, claims, demands, damages and expenses, including reasonable attorneys' fees incurred by any Third Party as a result of or as a result of your use of the Application, any transaction resulting from the use of the Application, including, without limitation, your connection to the Application and Purchases in the Application and/or your breach these Terms or any rights of the Third Party.
TERMINATION OF ACCESS
1. We can at our sole discretion at any time without instructions, without notice or responsibility, immediately suspend your access to all or any part of the Application. Termination may include, but is not limited to:
  1. prohibition of access to the Application;
  2. prohibition on any further use or access to the Application.
2. We reserve the right to change or discontinue the Application, or any part of the Application, with or without notice, at any time. Mioris, including, without limitation, our licensors, shall not be liable to you or any Third Party for any modification, suspension or termination of the Application.
3. Mioris may, in specific circumstances and in its sole discretion, disable and/or close the accounts of Users who infringe the intellectual property of others or otherwise infringe these Terms.
SERVICES, ADVERTISING AND CONTENT OF THIRD PARTIES
1. The Application may be integrated with, integrated into, or provided in connection with Third Party websites or resources. We have no control over Third Party Websites and are not responsible for the availability or content of Third Party Websites. You are responsible for maintaining and understanding the terms of use and privacy policy of any Third Party website.
2. The Application may contain advertisements and advertising offers of Third Parties or other third-party service providers. You have the right to refuse the transfer of personal data and personalization of advertising.
3. Your interactions with any Third Parties, as well as any terms, conditions, warranties or representations associated with such interactions, are the subject of the settlements between you and such Third Party.
4. All images and music used in the Application have been legally obtained from copyright owners, or from open sources under a free license. Images can be graphically processed. However, if we have inadvertently violated your legal right to any image, you can contact our Support by the email: info@mioris.com.
DISCLAIMER OF WARRANTIES
1. YOU USE THE APPLICATION AT YOUR OWN RISK. THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE". MIORIS AND ITS LICENSORS DISCLAIM ANY WARRANTIES, DIRECT OR IMMEDIATE, INCLUDING INDIRECT WARRANTIES OF THE MERCHANTABILITY, SUITABILITY FOR A SPECIFIC PURPOSE, ACCURACY AND NON-VIOLATION. MIORIS, ITS LICENSORS AND THEIR RESPECTIVE AFFILIATES SHALL NOT BE LIABLE FOR TIMELINESS, DELETION, WRONG DELIVERY OR FAILURE TO PROVIDE ANY MIORIS CONTENT OR STORAGE ANY USER PERSONALIZATION SETTINGS.
2. ANY CONTENT THAT YOU DOWNLOADED OR RECEIVED VIA THE APPLICATION, RUNS SOLELY ON YOUR WISHES AND YOUR RISK YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
3. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, RECEIVED BY YOU FROM MIORIS, ITS LICENSORS OR THEIR BRANCHES, OR THROUGH THE APPLICATION, SHALL CREATE ANY WARRANTY.
LIMITATION OF LIABILITY
1. YOU UNDERSTAND AND AGREE THAT MIORIS, ITS LICENSORS AND THEIR RESPECTIVE AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES. EVEN IF MIORIS, ITS LICENSORS AND THEIR APPROPRIATE BRANCHES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES THAT HAVE RESULTED AS A RESULT OF:
  1. USE OR IMPOSSIBILITY TO USE THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THE SUSPENSION OR REMOVAL OF THE APPLICATION;
  2. UNAUTHORIZED ACCESS TO DATA OR CHANGES TO YOUR MESSAGES OR DATA;
  3. ANY OTHER ISSUES RELATED TO THE APPLICATION.
2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
USER SUPPORT AND APPLICATION IMPROVEMENT
1. Mioris provides Customer Support. By agreeing to this Agreement, you have the right to contact Mioris Support at any time by sending an email to info@mioris.com. The reason for the appeal may be:
  1. any questions regarding the Services provided to you and suggestions for their improvement.
  2. appeal if you made a Purchase in the Application but did not receive the Purchase or it does not work.
  3. errors or other issues related to our Application.
2. Once your message is being delivered, the support staff will review it within 48-72 hours. The response time of the support employee is not set, and depending on the quality of your message or detection of a violation of these Terms, the support employee has the right not to respond to your request.
3. When contacting support, be honest, send only truthful information, do not be rude, do not use abusive words, be polite, friendly and do not violate private and public human rights.
4. Also note that we are not responsible if any of the Users or Third Parties write to you on behalf of Mioris to obtain any information he / she requests from you. Be careful and make sure you have contact with our Customer Support. Customer Support is provided only by communication via e-mail info@mioris.com.
GENERAL INFORMATION
1. Mioris may send you notices, including those relating to changes to the Terms, by e-mail and/or by posting in the Application, provided that this section does not impose any requirements on Mioris that are not expressly set forth in these Terms.
2. You agree to report any violations of these Terms to info@mioris.com.
3. If you believe that your rights or legitimate interests have been violated by Mioris or its licensors, in order to resolve the dispute directly, you must contact us in writing. The claim shall be sent by e-mail to our address info@mioris.com.
4. The Parties agree to continue to fulfill their obligations under these Terms, during the dispute settlement procedure, and until such obligations are suspended or terminated in accordance with the provisions of these Terms, except where this is clearly prevented by the sphere of dispute.