Terms & Conditions

Games & Virtual Items

The company provides games as standalone applications via mobile and online platforms, including Apple's App Store and Google Play. These games may offer opportunities to earn or purchase virtual currency, virtual goods, loot boxes, and other in-app purchases collectively called "Virtual Items" for use within the games.

Eligibility

To play the games and purchase Virtual Items, you promise to Race Cat that:

1. You are legally entitled to own the device used to access the games, and if purchasing Virtual Items, you are legally entitled to make such purchases using the games' payment functionality.
2. You are not located in a country subject to US Government embargo or designated as a terrorist-supporting country, and you are not listed on any US Government prohibited or restricted parties list.
3. The information you provide is true and accurate, and you will update it when necessary.
4. You have not previously been banned or blocked from using any of Race Cat's games or any platform, including Apple's App Store.
5. If downloading from Apple's App Store, you must have an Apple Account.
6. You will not:
   1. Copy, license, sell, trade, alter, or create derivative works of the games or Virtual Items
   2. Use the games or Virtual Items for illegal activities
   3. Use any bot, robot, spider, automatic crawling device, or manual process to monitor or copy the games and their content
   4. Use the games or Virtual Items to disseminate obscene, violent, threatening, libelous, discriminatory, or otherwise offensive information or materials
   5. Use the games or Virtual Items to disseminate information that would infringe or might infringe any intellectual property rights, including Race Cat's

Acceptance of Terms

If you have an account on any platform, including an Apple Account, and download or stream the games, you are deemed to accept these Terms. You acknowledge that these Terms: (a) apply from the date you first download or stream any of the games; (b) apply to your use of the games and Virtual Items; and (c) form a legally binding contract between you and Race Cat.

Apple

If you download or stream a game from the Apple Store, you acknowledge that your acceptance of these Terms forms a legally binding contract between you and Race Cat, not with Apple. Race Cat is solely responsible to you for each game and its content, not Apple. Apple's terms and conditions apply to your use of the games and your purchase of Virtual Items (the "Apple Terms"). If there is any conflict between these Terms and the Apple Terms, the Apple Terms prevail.

Grant of License

In consideration of your agreement to be bound by these Terms, Race Cat grants you a single non-exclusive, non-transferable, revocable license permitting you to download or stream and play the games for your personal, non-commercial, entertainment purposes on suitable products and devices. Race Cat owns or has a license to use all intellectual property in its games, including all copyright in the underlying software code, visual artwork, graphics, and all trademark rights in the games' titles. By using the games under license, you acknowledge and agree that you do not acquire any intellectual property in the games.

In-Game Chat

Some games offer an in-game chat function where you can communicate with other players while playing. By using the chat function, you agree to the following:

1. While moderators can review messages and will attempt to keep unsuitable communications off the function, it is impossible to review all messages. Messages express the views of the persons who sent them, and such persons are held responsible for the content of their messages.
2. Race Cat reserves the right to remove, edit, move, or close any of your messages for any reason and reserves the right to cancel or suspend your use of the chat function at any time for any reason.
3. Messages sent using the chat facility are subject to the following restrictions. Messages shall not:
   1. Be vulgar, sexual, violent, threatening, harassing, defamatory, hurtful, or otherwise objectionable or inappropriate
   2. Promote or discuss any illegal activities
   3. Harass, degrade, intimidate, or be hateful toward any individual or group based on religion, gender, sexual orientation, race, ethnicity, age, or disability
   4. Relate to any commercial services, goods, or events, nor constitute any form of advertising or solicitation, including spamming
   5. Infringe any third parties' intellectual property rights, including copyright or trademarks, or misuse confidential information
   6. Impersonate any other person or entity, misrepresent an association with a business or organization (including Race Cat and Platform providers), or otherwise be deceptive or misleading

Virtual Items

Virtual Items can be purchased or earned in the games. Race Cat makes available the following Virtual Items:

1. Virtual currency: in-game currency (in the form of virtual tokens, coins, cash, points, bonuses, or otherwise) that can be earned or purchased to buy virtual goods.
2. Virtual goods: virtual assets which can be used within a game to enhance your playing experience, which might include access to motor vehicles with better attributes, particular features, shortcuts, use of specific tools or equipment with special powers, enhancement of game status, or the ability to move up a level or complete a game more quickly.
3. Loot boxes: specified or unspecified items given at random to you within a game via a weighted probability system, which might include items that enhance game status or increase your ability to move up a level or complete a game more quickly.

License for Virtual Items

If you purchase or earn Virtual Items, your use of them is subject to the following license together with any Platform-specific terms:

1. Subject to paragraph 17, Virtual Items are not redeemable or refundable. Once you purchase or earn Virtual Items, you will not get the real money you paid back as Virtual Items have no monetary value. Any virtual currency balance shown in a game account or wallet does not constitute a real-world balance or reflect stored value, but measures the extent of your limited license to use Virtual Items within the games.
2. Virtual Items are personal to you and non-transferable. Only you can use Virtual Items, and you cannot permit anyone else to use them whether via your Apple Account or otherwise. You cannot trade them in any way by selling them for real money to other players, exchanging them for other items, or dealing or disposing of them in any other way.
3. Your right to use Virtual Items ends as a result of any Platform provider (including Apple) or any online wallet provider having to suspend or close your account pursuant to these Terms or pursuant to any relevant terms of such Platforms or wallets.
4. From time to time, Race Cat may offer Virtual Items which are subject to specific terms. For example: (i) Race Cat may put in place offers to purchase Virtual Items at a discount; (ii) put in place a limited time period in which any Virtual Items may be purchased or earned, or (iii) put in place specific specified or unspecified conditions relating to when such Virtual Items may be purchased or earned. Race Cat may also sell access to restricted and sometimes time-limited gameplay and challenges, including offering Virtual Items to purchase which allow you to bypass such restrictions, either temporarily or permanently. Thus, in certain instances Virtual Items may only be available for a limited time or subject to specific conditions, and you shall comply with and adhere to such conditions accordingly.
5. You are responsible for your use of Virtual Items within the games, and Race Cat has no responsibility or liability regarding how you use such Virtual Items. For the avoidance of doubt, any winnings from wagering with Virtual Items may not be traded for money or money's worth.
6. In order to avoid retaining data that is no longer needed and to be able to improve the games, your license to use Virtual Items may expire if your account is inactive.

Price

The price payable for Virtual Items (the "Price") is indicated within the applicable game at the time you make your purchase. Race Cat reserves the right to change the Price and specifications for any Virtual Items at any time for any reason.

Availability

Race Cat reserves the right to limit the amount of Virtual Items you can purchase in a given period. Virtual Items may only be purchased and used by players in jurisdictions where such activities are permitted under applicable law. Virtual Items may only be purchased from Race Cat through the games or as otherwise expressly authorized. Race Cat reserves the right to refuse any request to purchase Virtual Items for any reason.

Chargebacks

Race Cat may cancel a payment and make a chargeback to you, including any transaction fees incurred with payment providers, if it has reason to believe:

1. Any purchase is incomplete; or
2. Any purchase is made, or Race Cat suspects it is made, fraudulently or in an otherwise non-bona fide manner.

Payment Methods

Payment methods accepted by Race Cat are as per those payment methods provided by the Platforms within the games at the point of sale.

Implied Terms

The express terms of these Terms are in place of all warranties, representations, conditions, terms, undertakings, and obligations which but for these Terms would be implied or incorporated by any collateral agreement, statute, common law, custom, trade usage, course of dealing, or otherwise, all of which are excluded to the fullest extent permitted by law.

Warranties In Relation to the Game

Race Cat provides the games to you on an 'as is' basis. Race Cat does not represent or warrant that access to the games will be uninterrupted, reliable, or fault-free. Race Cat does not represent or warrant that the games will be accurate, complete, or reliable. While Race Cat shall endeavor to ensure the games are available 24 hours a day, Race Cat will not be liable if for any reason any game is unavailable at any time or for any period.

Access to the games may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond Race Cat's control. Race Cat may also need to modify or maintain the games, or any part of them (including Virtual Items), at any time. If this need arises, Race Cat may suspend access to the games or any part of them or stop providing a game, or any part of a game, indefinitely. For example, Race Cat may occasionally be required to make edits to Virtual Items or in-game components in order to correct inaccuracies within a game (such as statistics relating to a particular vehicle or particular vehicle components). Such edits may result in removal of particular Virtual Items or in-game components.

Both parties acknowledge that Platform providers have no obligation whatsoever to provide you with any support or maintenance services in relation to the games.

Exclusions of Liability

Race Cat will not be liable to you (whether in contract, tort, or otherwise and whether or not due to its negligence) for:

1. Any losses arising out of or in connection with, whether direct, indirect, or consequential, the games or arising out of or in connection with the use of the games.
2. Any technical, factual, textual, or typographical inaccuracies, errors, or omissions (human or computer-generated) on or relating to the games or any information provided in relation to the games.
3. The unavailability of any game (or any part of them).
4. Any misrepresentation on or relating to the games.
5. Any loss of content or data (including any loss of content or data as a result of any unavailability of any game).
6. Loss or damage caused by viruses, bugs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the games or the downloading or uploading of any content via the games.
7. Loss of goodwill, business opportunities, loss of profits or contracts, loss of anticipated savings, wasted management time, or office time.
8. Any loss incurred as a result of any legal claim or regulatory action arising from the activities of any player using the games infringing third-party intellectual property or breaching applicable law.
9. Any statements or conduct by any other player of the games.
10. Any loss you may incur as a result of someone else using your identity, log-in details, password, or account, with or without your knowledge, including if a device used to activate your account is stolen.
11. Any other indirect or consequential loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

Limitation of Liability

Race Cat's maximum aggregate liability to you in respect of your use of the games shall be the amount of any fees paid by you to Race Cat during the 3-month period preceding the date on which the act or omission causing the liability arose in respect of that game.

Reasonableness of Exclusions and Limitations

You agree that each of these exclusions and limitations is reasonable having regard to the nature of the games. Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of the contract with you.

Termination or Suspension of Your Account

Race Cat may in its absolute discretion:

1. With immediate effect and for any reason, at any time, terminate or suspend your use of any of the games, including if your account is inactive.
2. Take any steps (for example, technical or legal steps) to terminate or suspend your use of any of the games if Race Cat believes you have failed to comply with any of the provisions of these Terms.

Severability

If any provision in these Terms is, in whole or in part, held by a court or administrative body of competent jurisdiction to be illegal, invalid, or unenforceable under any enactment or rule of law, then that provision or part thereof shall to that extent be deemed not to form part of these Terms, and the enforceability and validity of the remainder of these Terms shall not be affected.

Entire Agreement

These Terms shall apply between the parties in respect of the matters described herein to the exclusion of all other terms (including any terms and conditions that you purport to apply). You shall not be entitled to rely on any agreement, understanding, or arrangement which is not expressly set forth in these Terms.

Complaints and Disputes

Please contact using the contact details below if you:

1. Have any questions, complaints, claims, or concerns about content which appears in the games, in relation to Virtual Items, or in relation to Race Cat generally; or
2. Believe that any act or omission by Race Cat or one of its players is in breach of applicable law.

Race Cat will then consider your concerns and decide whether to take action and whether or not any other player has, in Race Cat's opinion, breached any of these Terms. Race Cat will endeavor to inform you of the outcome of any review within a reasonable time of receiving your complaint. Where you have purchased the games or Virtual Items through an Apple Account, both parties acknowledge that Apple has no obligation whatsoever to investigate, settle, defend, or discharge any disputes in relation to the intellectual property in the games.

Contact Details

Please contact by email at contact@racecatgames.com or by post at:

#603-1128 Quebec Street,
Vancouver, BC,
V6A 4E1,
Canada.