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Terms of Service

Introduction

Welcome to the Create 'n' Play ("the App"), owned and operated by Xpolate Inc, a C-corporation ("we," "us," or "our"). By accessing or using our App, you agree to comply with and be bound by these Terms of Service ("Terms"). Please read them carefully.

1. Acceptance of Terms

By using the App, you agree to these Terms. If you do not agree, do not use the App. We may modify these Terms at any time, and such modifications will be effective immediately upon posting the modified Terms on our website or through the App.

2. Description of Service

The Create "n" Play ("the App"), owned and operated by Xpolate, enables users to create and engage in custom text-based games within Discord servers. Users can submit queries specifying their desired game themes or scenarios, and the App utilizes artificial intelligence to generate text-based games tailored to their specifications. This service empowers users to enjoy personalized gaming experiences based on their unique preferences and inputs.

3. Eligibility

You must be at least 13 years old to use the App. By using the App, you represent and warrant that you meet this age requirement.

4. User Responsibilities

• You are responsible for maintaining the confidentiality of your Discord account credentials.
• You agree to use the App in compliance with all applicable laws and regulations.
• You agree not to use the App for any unlawful or harmful purposes.

5. Prohibited Activities

You agree not to:

• Use the App for any illegal or unauthorized purpose.
• Interfere with or disrupt the App or servers or networks connected to the App.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Engage in any activity that could harm or harass other users.

6. Content

• You retain ownership of any content you submit through the App.
• By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display your content in connection with the App.
• You represent and warrant that you have all necessary rights to grant us this license for any content you submit.

7. Privacy

Your use of the App is subject to our Privacy Policy. Please review our Privacy Policy, which also governs the App and informs users of our data collection practices.

8. Termination

We reserve the right to terminate or suspend your access to the App at our discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the App, us, or third parties.

9. Disclaimer of Warranties

The App is provided "as is" and "as available." We make no warranties, expressed or implied, about the App's operation or availability, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use of the App.
• Any unauthorized access to or use of our servers and/or any personal information stored therein.
• Any interruption or cessation of transmission to or from our App.
• Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our App by any third party.
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the App.

11. Indemnification

You agree to indemnify, defend, and hold us harmless, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys' fees) from third party claims arising out of or relating to your use of the Services and Assets or any violation of these Terms.

12. Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

13. Dispute Resolution

Any dispute arising out of or relating to these Terms or the App, You agree to first try to resolve the dispute informally by contacting the Company.

14. Changes to the Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website or through the App. Your continued use of the App after the posting of revised Terms constitutes your acceptance of such changes.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable under applicable law, such provision will be deleted and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms constitute the entire agreement between you and Xpolate regarding your use of the App, superseding any prior agreements or understandings, whether written or oral.

17. Contact Information

If you have any questions about these Terms, please contact us at info@createnplay.games.

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Privacy Policy

Effective Date: July 21, 2024

At Xpolate Inc. ("we," "us," or "our"), we are dedicated to protecting your privacy and being transparent about how we handle your information. This Privacy Policy describes how we manage user data in relation to the Create 'n' Play Discord application ("the App"). We aim to provide a fun and engaging experience while respecting your privacy rights.

1. Introduction

Welcome to Create 'n' Play! We understand that your privacy is important to you, and we are committed to being open and transparent about our data practices. We don't sell your data, and we only collect and store what is necessary for the App to function and improve. You are in control of your data and can request to access, correct, or delete it at any time.

2. Types of Data Collected

We collect and process various types of information to provide and improve our services. Here is a breakdown of the data we collect:

2.1 User-Provided Data

• Email Address: If you choose to sign up with your email address, we will use it to send you updates and our monthly newsletter. You can always unsubscribe from our communications at any time by following the unsubscribe link in our emails.
• Discord Account Information: When you install and authorize the App on your Discord server, we collect and store your Discord ID, username, and other public profile information. This information is necessary for the App to function properly and provide you with a personalized experience.

2.2 User Activity Data

• Queries and Messages: We collect and store the queries and messages submitted by users through the App. This data helps us understand your preferences and generate tailored responses.
• Command Data: When users utilize commands within the App, we collect the request body to process and respond to the specific command.

2.3 Third-Party Data

• Discord Data: We collect and analyze information provided by Discord, including the number of servers using our App and key performance indicators (KPIs), to improve our services and understand how our App is performing.

3. Use of Information

The information we collect is primarily used to provide and enhance our services. Here's how we use your data:

• Providing the Service: We use your Discord account information, queries, messages, and command data to deliver the core functionality of the App, including generating custom text-based games based on your preferences.
• Service Improvement: We analyze user activity data and Discord data to improve the App's performance, develop new features, and enhance the overall user experience.
• Personalization: We use your queries, messages, and command data to tailor the App's responses and provide you with a personalized gaming experience.

4. Data Retention

We only retain your data for as long as necessary to provide you with the App's functionality and for legitimate business purposes. Here is how long we keep your data:

• Query and Command Data: All user data related to queries and commands is deleted when the "/winner" command is used and the end game is confirmed. If users do not manually end the game, this data will be automatically deleted after a short period, typically an hour or more.
• Email Address: If you provide your email address for updates and newsletters, we will retain it until you unsubscribe or request deletion.
• Discord Account Information: We will retain your Discord account information for as long as you use the App and may continue to store it after you stop using the App to improve our services and analyze aggregate data.

5. Data Security

We take the security of your data seriously and have implemented industry-standard security measures to protect the information we collect. While we strive to protect your personal information, please remember that no method of transmission over the Internet or method of electronic storage is 100% secure.

6. User Rights

You have certain rights regarding the personal information we hold about you. Here's what you can do:

• Access and Correction: You have the right to access and request the correction of your personal information. If you want to review, verify, or correct your information, please contact us at the email address provided below.
• Deletion: You can request the deletion of your personal information at any time. Please note that deleting certain data may result in the loss of specific App features or functionality. To request data deletion, please email us at info@createnplay.games.
• Unsubscribe from Communications: If you no longer wish to receive updates or our newsletter, you can unsubscribe by clicking the unsubscribe link in any of our emails.

7. Children's Privacy

Our App is designed for users who are at least 13 years old. We take the privacy of minors seriously and have implemented measures to protect their privacy. We filter inappropriate queries and actively work to prevent the exploitation of young users.

8. User Consent

By installing the App on your Discord server or guild, you consent to the collection and use of your data as described in this Privacy Policy. We rely on your consent to process your personal information in a lawful manner.

9. Disclosure of Data

We value your privacy and do not share your data with third parties, except in the following cases:

• Compliance: We may disclose your data to comply with a legal obligation, protect and defend our rights or property, protect the safety of our users or the public, or protect against legal liability.
• Service Providers: We may share your data with third-party service providers who help us deliver and improve the App, such as hosting providers or analytics platforms. These providers are bound by strict data processing agreements and are only allowed to use your data for the specific purposes we authorize.

10. Changes to This Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time. If we make any significant changes, we will notify you by posting the updated policy on our website or through the App. Your continued use of the App after the changes take effect constitutes your acceptance of the updated Privacy Policy.

11. Contact Us

If you have any questions or concerns about this Privacy Policy or our data practices, please feel free to contact us at info@createnplay.games. We are happy to assist you and address any privacy-related inquiries.

Thank you for choosing Create 'n' Play! We are committed to protecting your privacy and providing a fun and secure gaming experience.