The pricing of the courses is determined by METAPLAY in its sole discretion. The pricing of the courses is set in United States Dollars, however, may reflect in your local currency, based on your location and due to payment gateway and application store requirements. The price payable towards any course is the price, as may be applicable at the time of completion of purchase. Hence, it is recommended that you complete your purchase immediately upon deciding to pursue any course, in order to avail the then applicable fee on the course. In case, any payment method fails, the User will need to complete the transaction once again. No access will be provided to the course by METAPLAY unless the payment is received in full.

METAPLAY occasionally may run promotions offering discounts to various courses on the METAPLAY Platforms, which may be availed by the Users from time to time. Appropriate discount codes/coupons and offers to be used within the stipulated time frame, as may be available from time to time.

As a matter of policy, no refunds are offered by METAPLAY. However, under exceptions circumstances refunds may be offered by METAPLAY in its sole discretion. All refunds shall be processed no later than 30 (thirty) days by METAPLAY, to the same payment method from where the initial payment was received.

4. METAPLAY’s Rights

4.1. Ownership. METAPLAY owns / retain all right, title and interest in and to: (i) the Services, including without limitation, the METAPLAY Platforms and any/all underlying technology thereto; and (ii) METAPLAY Content and any User Content. METAPLAY reserves all rights and licenses not expressly granted to you in these Terms and no implied license are granted by METAPLAY. The METAPLAY Content, User Content, the Service and its underlying technology are protected by applicable intellectual property laws, including copyright, trademark and patent laws. You are not permitted to download or copy or share any METAPLAY Content, without METAPLAY’s prior written approval. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You hereby grant METAPLAY a non-exclusive right and license to use the User Content for promotional marketing purposes in relation to the Services, without any liability or payment to you for such usage.

4.2. Trademark. “BUDDY GURU”™ is a trademark of METAPLAY. No rights of any nature whatsoever are created in favour of any User. All rights reserved.

4.3. Feedback and Submissions. METAPLAY shall be entitled to an unrestricted use of any and all comments, suggestions, ideas, notes, drawings, concepts, problems or other information with respect to the Service or METAPLAY Content disclosed or offered by you voluntarily to us, forming part of User Content.

5. User Content

5.1. All materials published by a User in the capacity of a USER on the METAPLAY Platforms shall be referred to as “User Content” and shall form part of the METAPLAY Content, unless specifically excluded herein.

5.2. User Content. The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials or provide Feedback (collectively, “User Content”) on or through the Services. All User Content must comply with the Content Standards set forth in Section 5.5 below. Any User Content you post to the METAPLAY Platform will be considered non-confidential and non-proprietary. By providing any User Content on or through the METAPLAY Platform, you grant us and our affiliates and service providers / Publishers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material in connection with the Services. We may use the User Content for any and all purposes and manner as deemed appropriate whatsoever, commercial or otherwise, without any payment or other obligation to you or any other person involved with the creation of the Feedback. If deemed appropriate by us, appropriate credit may be accorded.

5.3. Responsibility for User Content. You are solely responsible for the User Content that you upload, publish, display, link to, or otherwise make available via the Service, and you agree that METAPLAY is only acting as a passive conduit for the online distribution and publication of the User Content. METAPLAY will not review, share, distribute, or reference any User Content except as provided herein and in our Privacy Policy or as may be required by law. Notwithstanding the foregoing, METAPLAY retains the authority to remove any User Content uploaded or submitted through the Service that it deems in violation of these Terms, at its sole discretion.

5.4. Representations and Warranties. You represent and warrant that with respect to any User Content, submitted or provided by you in connection with the Service:

5.4.1. you own or control all rights in and to the User Content and have the right to grant the license granted above;
5.4.2. all User Content will comply with these Terms, including without limitation the Content
Standards set forth below in Section 5.5; and
5.4.3. you understand and acknowledge that you are responsible for any User Content you submit or contribute, and only you shall have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

5.5. Content Standards. These content standards (“Content Standards”) apply to any and all User Content submitted to or uploaded through the Service. User Content must in its entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:

5.5.1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
5.5.2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
5.5.3. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
5.5.4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;
5.5.5. Be likely to deceive any person;
5.5.6. Promote any illegal activity, or advocate, promote or assist any unlawful act;
5.5.7. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
5.5.8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
5.5.9. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising;
5.5.10. Give the impression that the User Content emanates from or is endorsed by us or any other person or entity, if this is not the case;
5.5.11. Disparage METAPLAY including its officers, directors, employees and agents etc, in any manner whatsoever.

5.6. Copyright Infringement. If you believe that any User Content violates copyright, you may notify us of such infringement at the following email address: upport@buddyguru.ai.

6. Third-Party Services, Promotions and Advertisements

You acknowledge that METAPLAY may, in addition to its own Services promotions / advertisements, enable or assist you to access, interact with, and/or purchase products, services, applications, or websites made available by third parties through the Services (“Third-Party Services”). When you access the Third-Party Services, you will do so at your own risk. These Third- Party Services may also allow you to store your User Content with the provider or operator of the Third-Party Services. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services (and you shall comply with all such terms and conditions), and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, and not METAPLAY. METAPLAY makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of or correspondence with, any such Third-Party Services or any transactions completed and any contract entered into by you with any such third party.

7. METAPLAY’s Privacy Practices

You understand and agree that METAPLAY collects information and data, which may include personal data, in connection with your use of the Services. Any information or data that METAPLAY collects through your use of the Services is subject to the METAPLAY’s Privacy Policy, which shall form a part of and incorporated into these Terms.

8. METAPLAY Communications METAPLAY may need to contact you about your use of the Services. You may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications and you are responsible for any messaging or data fees you may be charged by your telecommunications or internet service provider. These communications are part of the Services and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications from your account settings.

9. Access to The METAPLAY Content

The availability of and your ability to access, the METAPLAY Content or some part of Services, through your account (a) is subject to METAPLAY’s sole discretion; (b) may be dependent upon your geographical location; and (c) is on the condition that not all METAPLAY Content or Services will be available to all Users. In the case of downloadable METAPLAY Content, please note that: (a) the downloads (if permitted) are temporary in order to allow you to read/view the METAPLAY Content within a specified period of time and you shall not attempt to or actually make a permanent copy of the METAPLAY Content in any manner or form and (b) not every METAPLAY Content may be available for download for offline viewing.

To facilitate your readership and access, the METAPLAY Content or Services can be packaged and made accessible by METAPLAY through different models. METAPLAY in its sole discretion may offer various promotional offers across METAPLAY Platforms, on such terms as determined by METAPLAY

10. Indemnity

You will indemnify and hold harmless METAPLAY and its officers, directors, employees, agents, licensors and assigns (collectively, “METAPLAY Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with: (i) your access to or use of the Service, or (ii) violation of any other provision of these Terms. We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

11. Termination

You may cancel your account at any time by visiting your account details page provided on our Platform (your “Account Details”) or by contacting us. We reserve the right to terminate these Terms, and/or temporarily or permanently suspend, withdraw or restrict your access to some or all of your user account and/or the Service, at any time, effective immediately and without notice or liability to you if you violate these Terms (including any violation of third party intellectual property rights). Upon any such termination, we may delete your data and any other information related to your account and you will forfeit any already paid but unutilized subscription fee.

12. Disclaimer and Limitation of Liability

12.1. Disclaimer. THE METAPLAY PLATFORMS AND ANY OTHER MATERIALS OR SERVICE PROVIDED BY METAPLAY ARE PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS. METAPLAY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH REGARD TO THESE TERMS OR THE SERVICE, METAPLAY CONTENT, USER CONTENT, OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY METAPLAY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY PURPOSE, OR FITNESS FOR A PARTICULAR PURPOSE.

METAPLAY DOES NOT WARRANT THAT THE SERVICE, METAPLAY CONTENT, USER CONTENT OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY METAPLAY WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY RESULTS OR RECOMMENDATIONS RESULTING FROM YOUR USE OF THE SERVICE, METAPLAY CONTENT OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY METAPLAY WILL BE CORRECT, ACCURATE, OR RELIABLE.

METAPLAY DOES NOT CONTROL OR VET USER CONTENT OR ANY THIRD PARTY CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS AND OTHER THIRD PARTIES POST, TRANSMIT, ADVERTISE OR SHARE ON OR THROUGH THE SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE BEFORE ENTERING INTO ANY TRANSACTION WITH ANY THIRD PARTY INTRODUCED TO YOU THROUGH THE SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT METAPLAY IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY THIRD PARTY CONTENT OR ANY USER CONTENT POSTED BY YOU OR ANY OTHER USER OF THE SERVICE.

YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES AND THAT NO WARRANTIES ARE MADE BY ANY OF METAPLAY’S SUPPLIERS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU RELY ON ANY METAPLAY CONTENT OR THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.

12.2. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER METAPLAY (INCLUDING METAPLAY PARTIES), ITS SUPPLIERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE METAPLAY PLATFORMS, METAPLAY CONTENT, OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU HEREUNDER, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE METAPLAY PLATFORMS, METAPLAY CONTENT, OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU HEREUNDER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT METAPLAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL METAPLAY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE METAPLAY PLATFORMS, METAPLAY CONTENT, OR ANY OTHER MATERIALS OR SERVICES PROVIDED HEREUNDER EXCEED: (I) THE AMOUNTS YOU HAVE ACTUALLY PAID TO METAPLAY FOR USE OF THE SERVICE OR (II) ONE HUNDRED DOLLARS ($100); WHICHEVER IS LOWER. HOWEVER, IF YOU HAVE NOT MADE ANY PAYMENT OR DO NOT HAVE ANY PAYMENT OBLIGATIONS TO METAPLAY THEN IN NO EVENT WILL METAPLAY’S TOTAL LIABILITY IN THE AFOREMENTIONED SCENARIOS, EXCEED ONE HUNDRED DOLLARS ($100).

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN METAPLAY AND YOU.

12.3. Application of Limitations and Disclaimers to Consumers. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the exclusions set forth in the Sections 11.1 and 11.2 above may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in these Terms shall apply to a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where such consumer is located.

13. Availability & Use of the Services and METAPLAY Content

13.1 Availability. Information describing the Service is accessible worldwide but this does not mean the Service or certain portions thereof are available in your country or will be available at all times without any down-time. We may restrict access to the Service or portions thereof in certain countries. It is your responsibility to make sure that your use of the Service is legal in your country of residence. The Service may not be available in all languages. If at our reasonable determination, you use the Service or any other material or services provided by us to you under these Terms in a manner that violates laws or creates an excessive burden or potential adverse impact on our systems, in addition to any of its other rights or remedies, we may, without liability to us, immediately suspend or terminate your access to the Service. You agree and acknowledge that METAPLAY may monitor or use certain technologies for monitoring of activities, as separately explained in METAPLAY’s Privacy Policy.

13.2 Authorized Use of the Services. Subject to your compliance with these Terms, including payment of any applicable fees, METAPLAY grants you a limited, non-exclusive, non- transferable, non-sublicensable license to: (i) access and use the METAPLAY Platforms; (ii) access and view the METAPLAY Content (as defined above), in each case solely for your personal, non-commercial use and enjoyment.

13.3 Prohibited Use of the Services. Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Services: (i) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that METAPLAY provides to you or any other part of the Services including but not limited to the METAPLAY Platforms; (ii) gain, or attempt to gain, unauthorized access to any servers, computer systems or databases utilized in connection with the Services; (iii) circumvent any technological measure implemented by METAPLAY or any of METAPLAY’s providers or any other third party to protect the Services or METAPLAY Content; (iv) disable, overload, or impair the infrastructure or proper functioning of the Services; (v) access, or attempt to access, the Services using automated means (such as harvesting bots, robots, spiders, or scrapers); or (vi) copy, reproduce, modify, use, display, mirror or frame the Services or any individual element within the Services, the METAPLAY Content, METAPLAY’s name, any METAPLAY trademark “BUDDY GURU™”, logo or other proprietary information, or the layout and design of any page or form contained on a page, without METAPLAY’s express written consent.

14. Due care and caution notice :

As a User you acknowledge that you may be exposed to some courses which you may consider to be offensive, indecent or objectionable. Some courses such as those relation to wellness , health and physical exercise, may require a certain degree of physical activity and exercises, to be undertaken by the User.

All exercises and courses are conducted and imparted by professionals and experts in their own field. However, the information provided by the professionals and experts are not a substitute for any medical or professional advise.

You acknowledge the inherent risks and dangers in the strenuous nature of these types of content, and by accessing such content you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your access to the content.

Hence, each User is advised to exercise his/her best judgement and caution, when selecting any course or undertaking any exercise especially if a User suffers from any ailments or health issues and such User is advised not to undertake any exercise or course which may effect the User’s well being or health or if such participation would be against any medical advise sought by the User. METPLAY and/or its officers/directors/course professionals/experts are not responsible and liable in any manner whatsoever, incase a User fails to exercise his/her best judgement and caution with respect to his/her health situation and wellbeing resulting in injury or loss of life/limb of oneself. Each User indemnifies METAPLAY and/or its officers/directors/course professionals/experts from any claims or liabilities of any nature whatsoever.

METAPLAY discourages the sharing of personal identifiable information with any third party including but not limited to any other Users and Gurus on the METAPLAY Platforms. Any User sharing any personally identifiable information does show at their own risk and METAPLAY shall not be responsible and liable in any manner for any consequences which may arise due to the sharing of such Personally Identifiable Information by the User.

15. Miscellaneous Provisions

15.1. Governing Law. These Terms shall be governed by the applicable laws of Singapore.

15.2. Disputes. Except as otherwise set forth in these Terms, you agree that any dispute between you and METAPLAY arising out of or relating to these Terms, the Service, or any other METAPLAY products or services (collectively, “Disputes”) shall be governed by the provisions set forth in this Section 13.

15.3. Informal Resolution. Before resorting to formal dispute resolution in accordance with this Section, you agree to first contact us directly at support@buddyguru.ai to seek an informal resolution to any Dispute. In the event a Dispute is not resolved within thirty (30) days after submission, you or METAPLAY may institute arbitration in accordance with the procedures set forth in Section 13.4.

15.4. Dispute Resolution. Any and all Disputes that cannot be resolved through informal resolution in accordance with Section 13.3 above shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. The seat of the arbitration shall be at Singapore. The Tribunal shall consist of one (01) arbitrator appointed in accordance with the SIAC Rules. The language of the arbitration shall be English.

15.5. Exception to Arbitration. Notwithstanding anything in these Terms to the contrary to the extent you have in any manner violated or threatened to violate any of METAPLAY’s intellectual property rights, METAPLAY may seek injunctive or other appropriate relief in any competent jurisdiction in any country, without first engaging in arbitration or the informal dispute process set forth in this Section, and you hereby consent to the personal jurisdiction and exclusive venue in such courts.

15.6. Force Majeure. Any delay in performance of any duties or obligations of either party will not be considered a breach of these Terms if such delay is caused by a Force Majeure Event. For the purpose of this Section, ‘Force Majeure Event’ means any act, cause, contingency or circumstance beyond the control of the affected party and shall include any governmental action, order or restriction (whether international, national or local), war (whether or not declared), public strike, public riot, Act of God, flood, pandemic including Covid-19, quarantine situations, epidemic, outbreak, lockdowns, lockouts, public disaster, public transportation dispute or satellite failure or any other causes, circumstances or contingencies beyond the control of such Party.

15.7. Survival. Sections: 1.2 (Acceptance of Terms of Service), 1.3 (Changes to these Terms and the Services), 4 (METAPLAY 's Rights), 5 (User Content), 6 (Third-Party Services, Promotions and Advertisements), 7 (METAPLAY 's Privacy Practices), 8 (METAPLAY Communications), 10 (Indemnity), 12 (Disclaimer and Limitation of Liability), 13 (Availability & Use of the Services and METAPLAY Content), 14 (Due care and caution notice) and 15 (Miscellaneous Provisions) and any other provisions which by their nature should survive, will remain in full effect after termination or expiration of the subscription.

15.8. General Terms. Neither the rights nor the obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. Any waiver, amendment or modification of any provision of these Terms must be in writing and executed by both parties. The failure of either party to exercise any right provided for by these Terms shall not be deemed a waiver of that right. Each party represents and warrants to the other that the execution and delivery of these Terms and the performance of such party’s obligations have been duly authorized and that these Terms is a valid and legal agreement binding on the party and enforceable according to its terms. If any term or provision of these Terms is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, that provision shall be stricken from these Terms and shall not affect the legality, enforceability or validity of the remainder of these Terms. The parties acknowledge and agree that they are dealing with each other as independent contractors and nothing in these Terms and its performance shall be construed as creating a joint venture or agency between METAPLAY and you. METAPLAY may delegate the performance of any services hereunder to its affiliates and contractors. These Terms, the Privacy Policy and the Additional Terms constitute the entire agreement between the parties regarding the subject matter and supersedes all prior oral or written agreements or communications with regard to the subject matter described herein. Any notice to you may be provided by email to the email address designated in your user account. The headings of the Sections of these Terms are for convenience and are not to be used in interpreting these Terms. As used in these Terms, the word “including” means “including but not limited to.”

15.9. Question or Additional Information. If you have any questions regarding these Terms,
please send an email to : support@buddyguru.ai

Attn: The Legal Department