Sequel5 ("Sequel5", "our", "we", "it", or "us") by Smatter LLP provides gaming services, and other services to users around the world. Please read our Terms of Service so you understand realtime updates with your usage of Sequel5.

You agree to our Terms of Service ("Terms") by installing, accessing, or using our apps, services, features, software, or website (together, "Services").

If you have created a House-ID on Sequel5, you agree to our terms which contain a binding arbitration process, which states that, except if you opt out and except for certain types of disputes, Sequel5 and you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. Please read the "SPECIAL ARBITRATION PROVISION" section to learn more.

About Our Services
Registration. You must register for our Services using accurate data, provide your name or current phone number, and, if you change it, update this House-ID number by installing the app in your new device. You agree to receive (if required) text messages and phone calls (from us or our third-party providers) with codes to register for our Services.

Age.
You must be at least 3 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

Devices and Software.
You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

Fees and Taxes.
You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.

Privacy policy and user data
Sequel5 cares about your privacy.
Sequel5's Privacy Policy describes our information (including message) practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to the Indian and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Acceptable use of our services
Our Terms and Policies. You must use our Services according to our Terms and posted policies.
If we blacklist your account for a violation of our Terms, you will not create another account without our permission.

Legal and Acceptable Use.
You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Sequel5, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.

Harm to Sequel5 or our users.
You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means:
(a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services;
(b) send, store, or transmit viruses or other harmful computer code through or onto our Services;
(c) gain or attempt to gain unauthorized access to our Services or systems;
(d) interfere with or disrupt the integrity or performance of our Services;
(e) create accounts for our Services through unauthorized or automated means;
(f) collect the information of or about our users in any impermissible or unauthorized manner;
(g) sell, resell, rent, or charge for our Services; or
(h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

Keeping Your Account Secure.
You are responsible for keeping your device and your Sequel5 account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

Third-party services
Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services or interact with a share button on a third party's website that enables you to send information to your Sequel5 contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

Licenses
Your Rights.
Sequel5 does not claim ownership of the information that you submit for your Sequel5 account or through our Services. You must have the necessary rights to such information that you submit for your Sequel5 account or through our Services and the right to grant the rights and licenses in our Terms.

Sequel5's Rights.
We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our Brand Guidelines.

Your License to Sequel5.
In order to operate and provide our Services, you grant Sequel5 a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to 90 days as we try to deliver them, and otherwise as described in our Privacy Policy).

Sequel5's License to You.
We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Reporting third-party copyright, trademark, and other intellectual property infringement
To report claims of third-party copyright, trademark, or other intellectual property infringement, please visit our Intellectual Property Policy. We may terminate your Sequel5 account if you repeatedly infringe the intellectual property rights of others.

Limitation of liability
The Sequel5 PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION

WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE Sequel5 PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE

Indemnification
You agree to defend, indemnify, and hold harmless the Sequel5 Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

Dispute resolution
Forum and Venue.
If you are a Sequel5 user located in India, the "Special Arbitration Provision for India" section below applies to you. Please also read that section carefully and completely. If you are not subject to the "Special Arbitration Provision for India" section below, you agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a "Dispute," and together, "Disputes") exclusively in the Indian District Court for Ahmedabad or a state court located in Gujarat, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.

Governing Law.
The laws of the State of Gujarat govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between Sequel5 and you, without regard to conflict of law provisions.

Availability and termination of our services
Availability of Our Services.
Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Termination.
We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with Sequel5: "Licenses," "Disclaimers," "Limitation of Liability," "Indemnification," "Dispute Resolution," "Availability and Termination of our Services," "Other," and "Special Arbitration Provision for India Users."

Other
Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Sequel5 and our Services, and supersede any prior agreements.
We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
You will comply with all applicable Indian and non-Indian export control and trade sanctions laws ("Export Laws"). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services:
(a) to any individual, entity, or country prohibited by Export Laws;
(b) to anyone on U.S. or non-U.S. government restricted parties lists; or
(c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any Indian or non-Indian restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.

Our Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls. Any amendment to or waiver of our Terms requires our express consent. We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the "$Date" at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended,

YOU MUST STOP USING OUR SERVICES
Please review our Terms from time to time.
All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent. Nothing in our Terms will prevent us from complying with the law. Except as contemplated herein, our Terms do not give any third-party beneficiary rights. If we fail to enforce any of our Terms, it will not be considered a waiver. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions, except as set forth in the "Special Arbitration Provision for India" - "Severability" section below.

We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract. We always appreciate your feedback or other suggestions about Sequel5 and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them). Special arbitration provision for India users

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR INDIAN USERS. IF YOU ARE A Sequel5 USER LOCATED IN INDIA, IT REQUIRES YOU TO SUBMIT TO BINDING INDIVIDUAL ARBITRATION OF ALL DISPUTES, EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU ARE WAIVING YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. THIS SECTION ALSO LIMITS THE TIME YOU HAVE TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION. FINALLY, THIS SECTION WAIVES YOUR RIGHT TO HAVE YOUR DISPUTE HEARD AND RESOLVED AS A CLASS ACTION, CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.

"Excluded Dispute" means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.

Federal Arbitration Act.
The Indian Federal Arbitration Act governs the interpretation and enforcement of this "Special Arbitration Provision for Indian Users" section, including any question whether a Dispute between Sequel5 and you is subject to arbitration.

Opt-Out Procedure.
You may opt out of this agreement to arbitrate.
If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the later of:
(i) the date that you first accepted our Terms; and
(ii) the date you became subject to this arbitration provision.

You must use this address to opt-out:

Sequel5
SMATTER LLP 2nd &3rd floor, Regus Privillion,
East Wing, SG Highway,
Ahmedabad, Gujarat
India 380054

You must include:
(1) your name and residence address;
(2) the House-ID number associated with your account; and
(3) a clear statement that you want to opt out of our Terms agreement to arbitrate.


Legal Team
Sequel5
legal@sequel5.com