Terms & Conditions
Terms of Service
Apps, games and other software services made available through the Apple App Store and Google Play Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement ("EULA").
Any App that is subject to this Standard EULA is referred to herein as the "Licensed Application." We (The Application Provider) or Apple as applicable ("Licensor") reserves all rights in and to the Licensed Application not expressly granted to you under this EULA.
These Terms set out how you may use our website https://earningshell.com, and any games, in-game purchases, and services we offer (collectively referred to in these Terms as our "Services"). You agree to these Terms and accept to be bound by them. These Terms affect your legal rights and obligations.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TOS. IF YOU DO NOT AGREE TO THESE TOS, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Please read these Terms carefully to make sure you understand them.
1. Who are we?
We develop apps and games for the Android and iPhone users. Our contact details are given in the "How to contact us" section below.
2. Scope of License
Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded or Google-branded products that you own or control and as permitted by the Usage Rules. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device (or any Device where the Licensed Application is installed) to a third party, you must remove the Licensed Application from the Apple Device (and/or any other device) before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
3. These Terms are a legal agreement between you and us
As the following terms form a legal agreement between you and us, you have to comply with these terms whenever you use our Services. If you use our Services, it means you agree to accept and be legally bound by these Terms. In case you refuse to accept any of these terms, you should not access or use our Services.
5. Consent to Use of Data
You agree that Licensor may collect and use technical data and related information-including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
This EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
7. External Services
The Licensed Application may enable access to Licensor's and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
Content published on our app (digital downloads, images, texts, graphics, logos) is the property of Earning Shell Pte. Ltd. and/or its content creators and protected by international copyright laws.
9. Applicable Law
By visiting this website, you agree that the laws of Singapore, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between Earning Shell Pte. Ltd. and you, or its business partners and associates.
Any dispute related in any way to your visit to this website, use our Services, or to products you purchase from us shall be arbitrated by state or federal court [Singapore] and you consent to exclusive jurisdiction and venue of such courts.
11. License and Service Access
We grant you a limited license to access and make personal use of our Services. You are not allowed to modify it. This may be done only with written consent from us.
12. Virtual Items
Our virtual items such as virtual currency, points, or similar virtual items do not have any real-life monetary value, credit balance or currency.
You can buy virtual items and money with real money in the Services. All purchases made in connection with the Services are final and non-refundable.
You are not allowed to re-sell or trade the virtual items. None of our virtual items has any real-world balance or any stored value.
You may lose your in-game purchases and virtual items when you remove and reinstall a game.
13. Who owns the content made available through the Services?
We own all of the content and information such as all the software code, graphics, images, trademarks, designs, logos, videos and text contained in the Services. Our ownership also includes all the intellectual property rights in our Services. Surely, we have a license to use all of these.
You are not allowed to reverse engineer, decompile, disassemble or modify the Services in any way.
If you want to use anything that is our ownership, you must take our written permission at first.
14. User Content
In some of our games, you will be able to create an identity using username and password. You can do this whenever our Services allow you to do so. As a result, you may be able to share messages, images, and video online ("User Content").
You can share and use such User Content only if you have the right to do so. Your User Content must comply with all the Rules and Laws. You give us clear consent that we may use your User Content for any purpose without any payment or obligation to you or anyone else. Please note that we can remove any (and even all) of your content without any notice.
15. Your right to use the Services
We grant you a limited license to access and use the Services for your own non-commercial entertainment purposes. The nature of this license is limited because it is personal, non-transferable, non-exclusive, non-sublicensable and revocable. So, you must agree not to use the Services for any other purpose.
We offer only the executable versions (no source code) of any software or applications included in the Services. You may not use such any part of the Services for any purpose other than the permitted use of the Services.
16. Creating an account with us
If you create an account with us, you guarantee that you must comply with all our terms.
You are solely responsible for all your use of the Services.
It is your responsibility to maintain the confidentiality of your user name and password. You are also responsible for all activities that are carried out under your account. We recommend you change your password from time to time. If you notice that someone else is using your account, please change your password and notify us immediately.
You are responsible for any use of your credit card or other payment instrument by third parties including minors.
17. Closing your account with us
If you want to close your account, send us an email from your registered email and we shall close it as soon as possible. Our email is given at the bottom of this page. If your account is inactive for 180 days, we may close it without notice.
18. Equipments to use our Services
It is totally your responsibility to manage, collect, acquire and ensure that you have necessary equipment before you start using our Services. We shall not provide any such equipment.
If you want to use the Services, you may need Internet connection, mobile device, hardware, software, etc. You will pay all fees that you incur when accessing the Services.
19. We are not responsible for third party websites or content
You may see third party websites, their links and advertising while using our Services. You may also see third party content. We do not endorse any of these. So, we are not responsible or liable for any of their actions or anything that happens between you and any third party.
Please note that you are solely responsible for your interactions with other users of the Services and any other parties with whom you may interact through the Services.
20. We are not responsible for third party advertising
You may see advertisements while using the Services. We may monetize using third party advertising but we have no control on their content. So, we shall not be responsible or liable for any third party advertising.
21. Our right to end the contract or restrict your access to our Services
Without limiting any other remedies, we may limit, suspend, terminate, modify, or delete access to the Services or parts thereof if you fail to comply, or if we suspects such failure, with the Terms or for any actual or suspected illegal or improper use of our services, without notice to you.
We may end our contract with you to use the Services if you breach any of these Terms. We also reserve the right to restrict your access to any part of the Services without showing any reason. You may lose access to in-game purchases you have made and other data when we limit or restrict your access to the Services.
When we either limit or restrict your access to the Services, we can delete some or all of your data (i.e. saved games, high scores, your position, in-game purchases, Virtual Items, etc.) from our records. After the deletion, you may not be able to see them.
22. Do I have to be a certain age to use the Services?
You must be 18 years or older to use the Services. If you help someone who is under 18 years to use any Services, you assume full liability for any consequences.
We shall not be responsible or liable if someone who is under the age of 18 uses your credit card, or other means of payment, to purchase any Services.
23. Rules of Conduct
You agree not to access, receive, play, or use any Service to:
- Exploit the Services or any of its parts for commercial purposes
- Use our Services to cheat or design or assist in cheating
- Harass, stalk, threaten, embarrass, spam or do anything else to another user of any Services that is unwanted
- Take any action or upload, post, transmit, promote, or distribute any Content that infringes or violates any third party rights
- Access Services in an unauthorized manner (including using modified or unofficial third party software)
- Engage in any activity that exploits, harms, or threatens to harm children
- Create more than one account per platform to access our Services
- Play with multiple accounts for the same Service
- Use another person or entity's email address in order to sign up to use our Services
- Share accounts
- Use any techniques to alter or falsify a device’s location
- Sell, rent, lease, license, distribute or otherwise transfer the Services or any of its parts or any copies
- Reverse engineer, derive source code, modify, decompile, disassemble, copy or create derivative works of the Services, in whole or in part
- Collect any information about or regarding other people that use our Services
- Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services
24. Safe and Appropriate Use
While you are using our Services, please be aware of your surroundings. Make sure you play and communicate safely.
25. Health Warning
A very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain visual images, including without limitation light patterns or flashing lights.
The User hereby acknowledges that he/she understands, accepts, and agrees that any Game may contain audio and/or video effects, which, under certain circumstances, may cause, in people who are prone to epileptic or other disorders of the central nervous system, worsening of such conditions.
26. Disclaimer / No Warranty
WE HEREBY DISCLAIMS ALL WARRANTIES.
The Services are provided to you by Earning Shell Pte. Ltd. "as is" and "as available".
To the maximum extent permitted by applicable law, except as provided above, WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND YOU ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.
WE DO NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
28. Can I bring a class or collective action claim?
You and Earning Shell Pte. Ltd. agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
29. Limited Liability
COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES, WHETHER IN CONTRACT, TORT OR OTHER OTHERWISE, WILL NOT EXCEED USD$100.00.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
30. Force Majeure
Earning Shell Pte. Ltd., any user, nor any other party involved in creating, producing, or delivering the Services or Content shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute,or any other cause beyond its respective control.
31. Waivers of our rights
Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such rights. Any waiver of such rights shall only be effective if it is in writing and signed by us.
32. Other important legal terms
(a) We reserve all rights to terminate accounts, edit or remove content and cancel orders at their sole discretion.
(b) We shall have no obligation to provide support or maintenance for the Services under this Agreement but we may, at our sole discretion, provide limited customer support in the Services.
(c) You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
(d) The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
(e) Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
33. Amendments or updates
Earning Shell Pte. Ltd. may amend or update this Agreement from time to time.
In case you continue to access or use the Services after updates or amendments become effective, you agree to be bound by the updated or amended Agreement.
34. We may update the Services from time to time
From time to time, we may deploy or provide patches, updates, upgrades, additional content or other modifications to the Services.
During these updates, the Services may be temporarily unavailable. Sometimes we may withdraw or disable the Services for longer periods. We can do this with or without any prior notice. We recommend you have the latest version of the Services installed. You may not get all of the functionality and features of the Services if you do not install the latest version.
35. How to contact us
If you have any questions about these terms or our Services you may contact us by email at: email@example.com
Last Updated: These terms of services were last updated on 02 May 2023.
Please contact us only for business related issues. Do not send emails for marketing related issues.
133 New Bridge Road, #10-03 Chinatown Point, Singapore 059413