Terms of Use

Market Races (“MR”, “We,” “Us,” or “Our”) develops and distributes mobile (social) applications, referred to as “Game”, which are available for download from Apple App Store and Google Play and the website located at www.marketraces.com (“Website”) (collectively, the “Services”). This Website is also intended to advertise and facilitate access to these Games that can be downloaded by Users (“You”, “Your”).

Please carefully read these Market Races Terms of Use (“Terms”); these Terms should be read together with our Privacy Policy, that collectively form the entire agreement (the “Agreement”). By using the Services and Games, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms contained in this Agreement, you may not access or otherwise use the Services.

OVERVIEW OF THE GAME

Game is a free-to-play social game that integrates the mechanics of horse racing with market analysis. Users engage in the Game by utilizing live financial data to guide their horses toward victory in races. Users are afforded the opportunity to make strategic decisions based on real-time economic and market conditions.
The primary objective of the Game is to achieve success in the races while simultaneously fostering the development of market analysis skills. The Game serves both as an entertaining experience and a potential educational tool for Users seeking to improve their financial and market analysis competencies.
Game shall be used only for entertainment and educational purposes. It allows Users to compete with one another in a virtual environment, formulating their own strategies and interacting with other Users. The Game is not intended for real-money gain or loss, any usage violating entertainment or educational purposes shall be forbidden. You can not win anything of real world value and no purchase is necessary to play the Game.
MR uses real-time market data that is continuously updated to provide accurate and up-to-date information within the Game. Each horse in the Game represents a specific financial asset, and you can find detailed information  about these financial assets in the Game. This information includes:
general data (volume, open price, low price, high price);
description (type, nature of cryptocurrency, information about launch of asset etc.)
This real-time data is used to enhance Your gaming experience and ensure that the Game reflects live market conditions, allowing Users to engage with the financial assets in a dynamic and realistic manner.
The information provided within the Game is for informational and educational purposes only. This information cannot be identified as financial, legal, tax, or accounting advice, nor should it be interpreted as a recommendation or endorsement of any investment, trading, or financial strategy.
The Game requires an active internet connection to update real-time market data. Users must have a stable internet connection to ensure the accurate and timely display of in-Game data and updates.
Market data provided within the Game is sourced from third parties. MR does not guarantee its accuracy and shall not be liable for any loss or damage resulting from reliance on such data.

‍ELIGIBILITY AND PARTICIPATION

Access to Our Game may be restricted based on age. By using the Game, You confirm and warrant that:
You have the legal capacity to agree to these Terms;
You are at least 17 years of age;
You participate in the Games on Your behalf and not on the behalf of any other person;
You will not use the Services through automated means, including bots or scripts;
You will refrain from participating in any unlawful or prohibited activity on the Website; and
Your usage will comply with all applicable laws and regulations.
Participation in the Game does not require creating a separate account. Users access the Game using their Google Play or App Store account.
Users can play with friends by inviting them to join the Game. Invitations can be sent by copying or sharing the link available in Users in-game account (“Account”).
Users can participate in the Game through Races or Duels:
Races involve multiple horses, each representing different financial assets. You select assets based on Your knowledge, personal analysis, and logical skills using the information provided within the Game.
Duels are one-by-one competitions against another User. The opponent User may be selected automatically by the Game or chosen manually by inviting a friend to a duel.
Winners in the Game are determined automatically based on the results of the Game. All outcomes are final and cannot be contested. Winners are rewarded exclusively with Virtual Goods, which hold no real-money value. No cash payouts, real-money rewards, or withdrawals are provided under any circumstances.
Any victories or progress achieved within the Game shall not be regarded as a basis for any real-world financial benefits, including but not limited to earnings on actual stock markets or similar platforms. Outcomes within the Game are solely for entertainment purposes and should not be construed or understood as having any direct or indirect financial value or connection to real-world financial markets.
Marketplace’s Terms. If You use the Game through Apple App Store or Google Play Store, You must also agree to Apple's Terms and Conditions (www.apple.com/legal/internet-services/itunes/ca/terms.html#apps) and Google's Terms (https://policies.google.com/terms?hl=en-US). Apple and Google are not parties to this Agreement and have no obligation to provide support or maintenance for the Game. If the Game fails to meet any surviving warranty, You may notify Apple or Google who may refund Your purchase price, after which they will have no further warranty obligations to the maximum extent permitted by law. Apple and Google are not responsible for any claims relating to the Game or Your use of it, including product liability, regulatory compliance, or consumer protection claims. They are not responsible for investigating or defending any third-party intellectual property claims against Your use of the Game. You must comply with all applicable third-party terms when using the Game. Apple and Google, and their subsidiaries are third-party beneficiaries of this Agreement and upon Your acceptance, they will have the right to enforce this Agreement against You as beneficiaries.

‍GAME MODIFICATION AND UPDATES

‍MR regularly updates, changes, and enhances the Game at its discretion. These updates may include, but are not limited to, new applications, software, application program interfaces (APIs), tools, features, and etc.
You acknowledge and agree that MR has the right to make such modifications, additions, or updates without prior notice to you. Except as otherwise expressly stated in these Terms, MR shall not be liable to You or any third party for any modification, suspension, or discontinuation of the Game.
Users are permitted to engage only with the current version of the Game. As new versions, features, or updates are introduced, older versions may no longer be supported or accessible. Therefore, Users are expected to use the most recent version to access the Services, and MR makes no obligation to maintain or support previous versions.

‍VIRTUAL GOODS

This Section 4 contains additional terms to the Agreement that relate to the use and purchase of Virtual Goods within the Game and is only established when the User selects the “Pay” or “Purchase” button in the Game shop. MR (or the app store provider) accepts these additional terms by sending an order confirmation or by delivering the Virtual Goods. Payments for Virtual Goods must be made in advance. Virtual Goods include in-game currency and may also include trophies and other virtual items (collectively referred to as “Virtual Goods”).
The prices for Virtual Goods are displayed in the respective app store and are confirmed when the order is placed. Prices may vary by currency and country. Payments are processed through the app stores, and their terms apply.
In-game currencies (referred to as “Virtual Points”) represent units for the use of Virtual Goods within the Game and are not real money and have no real-world monetary value. They are digital, non-refundable, and non-transferable virtual assets that can only be used within the Game. Virtual points cannot be exchanged for actual currency, goods, or services outside the Game.
Virtual Points purchased with real money will be used first, before those earned through gameplay.
Users are responsible for any fees resulting from cancellations or chargebacks caused by insufficient funds. MR may recover these costs in addition to the original payment. Users can contest the amount claimed.
If the User defaults on payment, MR may restrict access to the Game until the outstanding amount is paid, along with any statutory default interest.
MR reserves the right to introduce new Virtual Goods and modify or discontinue existing Virtual Goods. Discontinued permanent content may be available during a transition period or exchanged for similar content. Further claims are excluded.
Lucky Spins are a Game feature that allows you to receive additional bonuses in the form of Virtual Goods. Free Attempts refresh after a certain period of time. Depending on Users progress in the Game, the bonuses you can obtain through this feature may vary in type and amount of Virtual Goods. These bonuses have no real-money value, cannot be exchanged for real currency and they are intended solely for in-Game use.
Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from MR or any other party. You understand that You have no right or title in Virtual Goods.
All User claims related to Virtual Goods (e.g., copyright, defects, or compensation) should be directed to MR, not the app store.
We want You to enjoy the Game in a responsible fashion and request that You follow these simple guidelines:
(i) Please try to establish limits for the Virtual Good payments You are willing to make over any period of time before You start playing.
(ii) Use of the Game is not recommended if  You are recovering from a dependency or are under the influence of alcohol or other substances.
(iii) Use of the Game is not recommended if it might interfere with Your daily responsibilities.

‍SUBSCRIPTIONS

Some Game features may be available via subscription. Subscriptions may be charged at different rates for a specified period (“Subscription Period”). Users must ensure all information provided during subscription is accurate. Subscriptions can be managed, and auto-renewal can be disabled in the device's account settings.
MR reserves the right to adjust subscription prices and terms. Details on price changes are available on the respective platforms.
Further details about subscriptions are available on:

• Google Play Store: https://play.google.com/about/play-terms/index.html
• Apple App Store: https://www.apple.com/legal/internet-services/itunes/ 

If the User purchases a monthly subscription, the displayed price will be charged to their Google Play or Apple account upon confirmation. The subscription automatically renews unless canceled at least 24 hours before the end of the 30 days.
Weekly subscriptions work similarly, with automatic renewal unless canceled 24 hours before the end of the weekly period.
Some subscriptions may offer a free trial. If not canceled 24 hours before the trial ends, it automatically converts to a paid subscription.
Each User can only claim one free trial. If the free trial has already been used, the subscription fee will be charged upon purchase.

‍USER CONDUCT AND SUSPENSIONS

Users may not use software or routines that disrupt MR’s systems or other Users. Software that automates gameplay is prohibited.
Users may not engage in:
cheating, hacking or automation tools;
Exploiting bugs or programming errors to gain Virtual Goods without payment. Virtual Goods may not be traded, sold, or purchased outside the Game.
unauthorized account sharing or selling;
use the game for illegal money transfer;
attempts to reverse engineer the Game;
using VPN or proxy to bypass or restrictions;
use the Game for any other unlawful purpose or in other way branching these Terms.
Users must create secure login credentials and are responsible for keeping this information confidential. MR is not liable for any damages resulting from a failure to do so. In cases of suspected misuse, MR may temporarily block access to the Game.
Communication in the Game must comply with laws, and content inappropriate for family-friendly media is prohibited. This includes but is not limited to harassment, defamation, discrimination, or any content violating the law. Use of inappropriate language as a part of the User’s nickname is prohibited.
Users may only use the Games for User own, private, non-commercial entertainment purposes and for no other purpose whatsoever, unless otherwise authorized by MR.
User’s use of any Third Party Content is at Your sole risk and may be subject to separate terms and conditions, and/or fees from the applicable third parties.
Access and Use. We may suspend Your Account and Your right to access or use any portion of the Game immediately if: (i) the use of Game is (or reasonably appears to Us to be) fraudulent; (ii) You violate any provisions of these Terms. The suspension will be lifted upon Our reasonable satisfaction that the triggering issue has been resolved.
Emergency Suspension. If a Security Concern exists in Our reasonable opinion, We may immediately suspend any or all User’s access to the Game, and may also remove, as applicable, the offending item, code, Content (including Your Content and Third Party Content) until the Security Concern is resolved in Our reasonable discretion.
Report Violations. If You become aware that any User’s access or use of the Game violates these Terms, You will immediately: (i) notify Us in writing regarding the violation; (ii) to the extent that You are capable (by administrative control or contractual right), immediately suspend the violating User’s access and use of the Game until such violations are corrected.
Effect of Suspension. Users that are suspended will not be able to access or use the Services or portions thereof (including Your Content) during the suspension. Our right to suspend Your or any User’s right to access or use the Game is in addition to Our right to terminate Your Account, pursuant to the terms of these Terms.
Account Deletion. The User can delete their Account from the Game at any time. However, upon deletion, the User will lose all progress, subscription bonuses and any Virtual goods associated with the Account. This action is irreversible and cannot be undone.

‍INTELLECTUAL PROPERTY RIGHTS

MR grants Users a non-exclusive, non-transferable license to use the Game for personal purposes. Users are prohibited from reproducing, distributing, or modifying the Game unless expressly permitted by law.
Users agree to indemnify MR against all claims resulting from their conduct or content that violates the rights of third parties.
Our Proprietary Rights. Except as expressly set forth herein, nothing in these Terms grants You or Your Affiliates any rights, implied or otherwise, to any of Our Intellectual Property Rights or the Game, and You hereby disclaim any interest. As between You and Us, We or Our Affiliates or licensors own and reserve all right, title, and interest in and to the Game and Our Content.
Your Proprietary Rights. As between You and Us, You own all right, title, and interest in and to Your Content, and except as expressly set forth herein, nothing in these Terms grants Us any rights, implied or otherwise, to Your Content.
Third-Party Requests. We may disclose Your Content to comply with any request from a controlling government entity or a regulatory body (including law enforcement, subpoenas, or court orders).
Feedback and Suggestions. If You provide any Suggestions to Us or any of Our Affiliates, even if You designate the information as confidential, We and Our Affiliates may use the information without restriction, and You irrevocably assign to Us all rights, title, and interests in and to the Suggestions.

‍WEBSITE USAGE AND PURPOSE

The Website is intended solely for informational and promotional purposes related to the Game. The Website does not offer any in-game purchases, or facilitate any transactions. All content, including descriptions, images, and videos, is for promotional use only and does not guarantee specific features, availability, or performance of the Game.
Third party websites and links. The Website may contain links to third-party websites or resources that are not owned, operated or controlled by MR. These links are provided solely for convenience, and We make no guarantees regarding the content, privacy policies, products, functionality or services available on such third-party websites or resources, or for any links displayed on or accessible through them.
You acknowledge that some third-party websites may be fraudulent in nature and may attempt to collect Your personal information (including passwords, credit card details, or other sensitive data) under false pretenses. MR is not responsible for any actions You take based on interactions with such websites or services.
You acknowledge and accept full responsibility and all risks associated with Your use of any third-party websites or resources.

‍WARRANTY AND LIABILITY

We will provide the Services to you subject to the obligations, requirements and conditions of these Terms. The Services and content contained herein are provided on an “as is” and “as available” basis. Except as expressly provided in these Terms and to the extent permitted by applicable law, the MR expressly disclaims all warranties of any kind with respect to the Services (including Virtual Goods), whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. MR makes no representations or warranties that the Services will be uninterrupted, secure, or error-free.
MR provides no warranties and is liable only in cases of intentional misconduct or gross negligence.
Users acknowledge the inherent risks to their confidentiality, privacy, and security when using the Services. Consequently, Users waive all claims against MR for any damages or losses resulting from circumstances beyond MR’s reasonable control, including but not limited to force majeure events.
MR reserves the right to modify, suspend, or discontinue its Services at any time without prior notice. For paid Services, MR’s liability is governed by applicable law unless otherwise specified. MR is not responsible for delays or non-performance caused by factors beyond its control.
To the maximum extent permitted by law, MR and its service providers shall not be liable for any incidental, special, exemplary, or consequential damages, including but not limited to:
lost revenue, profits, or savings;
loss of data or goodwill;
service interruptions, computer damage, system failures;
costs of substitute services with obtaining substitute services in the event of service disruptions or termination.
This limitation applies regardless of whether such damages arise from warranty, contract, tort (including negligence), product liability, or any other legal theory, even if an exclusive remedy under these Terms is found to have failed its essential purpose.
To the maximum extent permitted by law, in no event shall MR’s total liability for all claims arising under these Terms shall not exceed the total amount paid by the User for the Services in the last billing period, and in any case shall not exceed 1000 EUR. This limitation applies to the extent permitted by law. If statutory liability cannot be waived, the User’s remedy shall be limited to the lowest amount permitted by applicable law.
The foregoing exclusions and limitations of liability form an essential basis of the agreement between MR and the Users and shall apply to the fullest extent permitted by applicable law.

‍TERM AND TERMINATION

These Terms become effective when You accept them and remain in full force while You continue to use the Service, unless terminated earlier in accordance with these Terms.
By accessing, downloading Games, or using any of our Services You expressly agree to be legally bound by these Terms.
Termination. These Terms will remain in effect unless terminated under the following conditions:
You may terminate this Agreement at any time by deleting Your Account and ceasing to use the Service. Upon termination, You will no longer be bound by these Terms, except for those provisions, by their nature, survive termination.
We reserve the right to suspend or terminate Your Account or access to any part of the Services, with or without prior notice, if we reasonably determine that You have violated these Terms, breached applicable laws, or engaged in fraudulent or harmful activities. No refunds will be issued for user-initiated termination or termination by MR for cause. MR reserves the right to continue charging for any unpaid Virtual Goods.
We may, from time to time, make modifications (by amendment, replacement, and/or adding new provisions) to these Terms at any time  with or without notice. Unless a later effective date is stated, the modified version of these Terms will be effective immediately when posted on Our Website. We will provide notice of changes to the Terms by (i) posting the amended version of the Terms on Our Website; (ii) emailing the notice to the email account associated with User. You are responsible to check the Website regularly for modifications of these Terms.
Your continued use and/or access of any of the Services after the effective date of a modification to these Terms will be conclusive proof that You agree to be bound by the modified version of these Terms.
Upon termination, You will lose access to Your Account and all associated information or features. Any Virtual Goods acquired during Your use of the Service will not be refunded, and all data linked to Your Account, including Your Content, may be deleted.
Termination of this Agreement does not affect any rights, obligations, or liabilities incurred by You prior to termination. Furthermore, all rights and interests of MR under these Terms, including but not limited to provisions related to dispute resolution, intellectual property, and limitations of liability, will survive termination and remain in effect.

‍APPLICABLE LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus.
If any dispute arises out of or in connection with these Terms, the parties shall first seek to resolve such dispute through good faith negotiations within thirty (30) days following written notice of dispute from one party to the other. In the event such dispute remains unresolved after the negotiation period, the following shall apply:
for claims valued at less than USD 10,000, the courts of Nicosia, Cyprus shall have exclusive jurisdiction over such dispute.
for claims valued at or exceeding USD 10,000, such dispute shall be finally settled under the Rules of Arbitration of the Cyprus Chamber of Commerce and Industry by one arbitrator appointed in accordance with said Rules. The arbitration shall be conducted in English language in Nicosia, Cyprus. The arbitrator's award shall be final and binding upon the parties. Notwithstanding the foregoing, You may opt out of this arbitration provision by delivering written notice to MR within thirty (30) days following Your acceptance of these Terms.
nothing in this Section shall prevent either party from seeking injunctive relief in any court of competent jurisdiction to protect its intellectual property rights.
To the fullest extent by the applicable law, you agree that you are able to bring claims only in Your individual capacity and not as a class member. Any class actions are explicitly waived. This class action waiver shall apply to the fullest extent permitted by applicable law. If such a waiver is found unenforceable, the dispute shall proceed on an individual basis where possible

APPLICABLE LAW AND JURISDICTION

If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms, please connect with customer support: support@marketraces.com or form the “Contact Us” form to contact Us.

Last update: 4th of March, 2025
Version: v.1
Approved: Magytek Limited