Terms of Use

In this User Agreement, unless the context explicitly indicates otherwise, the following terms shall have the meanings set forth below:

All other terms and definitions used in the Agreement shall be interpreted by the Parties in accordance with the legislation of Estonia and generally accepted practices for interpreting such terms on the Internet.

The titles of the sections (articles) of the Agreement are provided solely for the convenience of navigation and have no literal legal significance.

The text of the Agreement, which is permanently available on the Internet at the following web address: https://giftsbattle.com/terms-of-use, and accessible during registration (authorization) on the Website, contains all the essential terms of the Agreement and constitutes an offer by the Owner to enter into the Agreement with any fully legally capable third party using the Website, under the terms set forth in the Agreement. The text of the Agreement constitutes a public offer in accordance with the legislation of Estonia.

The proper acceptance of this offer in accordance with the law of Estonia is the consistent implementation by the third party of the following actions:

The Owner grants the User the following rights:

The license specified in clause 3.1.1 of the Agreement is granted to the User for a period during which (and within the territory on which) the Site and the Personal Account remain accessible to the User.

The license specified in clause 3.1.2 of the Agreement is granted to the User within the territory on which the Case remains accessible to the User within the period from the moment when the User pays for the use of a particular Case until the Inventory is determined with the help of this Case.

It is prohibited for User to:

User of the Site has the possibility to:

User through Case is able to obtain one of the Inventories provided on the page containing the Case. The inventory for receiving by User is determined automatically by using the Case.

User through the Personal Account has the possibility to:

From the moment the Inventory is obtained through the use of a Case and displayed in the Personal Account, the User has the option to accept the Inventory into their Telegram account.

To accept the Inventory into their Telegram account, the User must click the "CLAIM" link located in the Personal Account, directly within the description of the respective Inventory item.

For the right to use the Case, the User pays a license fee in the amount indicated on the Site and on the page of the corresponding Case.

The license fee specified in clause 6.1 of the Agreement shall be paid by the User from funds previously transferred to the Owner through a payment service, information about which is available to the User at the moment of payment. The amount of funds is displayed in the Personal Account.

The payment for the license fee specified in clause 6.1 of the Agreement shall be made by the User in the manner and in accordance with the rules specified on the relevant page of the Site, taking into account the specifics and requirements established by the relevant payment service involved by the Owner for payment transactions.

The moment of payment of the license fee specified in clause 6.1 of the Agreement is the moment of writing off the corresponding amount of funds; the User is being informed of this by the corresponding change in the balance in the Personal Account.

The User consents to the Owner processing information, including the User’s personal data provided during the use of the Website, specifically the data contained in the User’s Telegram account.

Processing of personal data includes the collection, recording, systematization, accumulation, storage, updating (modification), retrieval, use, transfer (distribution, provision, access), including cross-border transfer, anonymization, blocking, deletion, and destruction of personal data not classified as special categories of data, the processing of which under applicable Estonian law requires the User’s written consent.

The processing of personal data is carried out for the purpose of fulfilling the Parties’ obligations under this Agreement, registering the User on the Website, acquiring a license to use a Case, obtaining Inventory, and sending informational and other types of messages to the User’s email address.

The User may withdraw their consent to the processing of personal data at any time by sending the Owner a corresponding written notice to the address specified in Clause 1.1 of this Agreement, by registered mail with confirmation of receipt. The User understands that such withdrawal shall constitute termination of this Agreement. The Owner retains the right to continue processing the User’s personal data in cases provided for by law.

Additional or other provisions regarding the processing of personal data may be contained in a separate document published or available on the Website. In the event of any conflict between the provisions of such a document and the provisions of this section, the provisions of the separate document shall prevail.

We guarantee the security of payments made by bank card. Our payment processing center complies with international PCI DSS standards to ensure the secure handling of the payer’s card details.

The Owner shall not be liable for any losses incurred by the User as a result of unlawful actions by third parties, including but not limited to unauthorized access to the Personal Account.

The Owner shall not be liable for losses caused to the User due to the disclosure of account credentials necessary to access the Personal Account to third parties, where such disclosure did not occur through the fault of the Owner. The Owner does not provide software tools required to use the Inventory for its intended purpose on the User’s device. Such software must be acquired and/or installed by the User independently.

The Website and its software tools, including the Personal Account and Cases, are provided 'as is'. The User assumes all risks associated with the use of the Website. The Owner, telecommunications operators (both wired and wireless) providing access to the Website, affiliates, suppliers, and agents of the Owner make no warranties with respect to the Website.

The Owner does not guarantee that the Website, Cases, or Personal Account will meet the User’s expectations, or that access to the Website, Cases, and Personal Account will be uninterrupted, timely, reliable, or error-free.

Software or hardware failures, whether on the part of the Owner or the User, that result in the User’s inability to access the Website and/or any Case and/or the Personal Account shall be considered force majeure and shall release the Owner from liability for non-fulfillment of obligations under this Agreement.

The Owner reserves the right to assign rights and transfer obligations under all commitments arising from this Agreement. By accepting this Agreement, the User consents to such assignment and transfer to any third parties. The Owner shall notify the User of any such assignment and/or transfer by publishing the relevant information on the Website.

The amount of damages that may be compensated by the Owner to the User, in any case, shall be limited in accordance with the applicable laws of Estonia.

Unless otherwise provided in this Agreement, in the event of a violation of the Agreement by the User, the Owner has the right to unilaterally terminate the Agreement and revoke the User’s access to the Personal Account. If such violation causes harm to third parties, the User shall bear full responsibility for such damages.

All disputes, disagreements, and claims that may arise in connection with the performance, termination, or invalidation of this Agreement shall be resolved by the Parties through negotiations. The Party raising any claims and/or disagreements shall send a written notice to the other Party specifying the nature of the claims and/or disagreements in accordance with Clause 9.1 of this Agreement.

If the Party that sent the notice does not receive a response within thirty (30) business days from the date the notice was sent, or if the Parties fail to reach an agreement regarding the raised claims and/or disagreements, the dispute shall be resolved in court at the location of the Owner.

The User has the right to request a refund, provided that the funds have not been spent after topping up the balance*.

All purchases and activities carried out through the service on the Website are final and non-refundable. Funds that have been spent are not subject to reimbursement. * Provided that the payment method provider offers a technical possibility to reverse the payment transaction.

The Parties hereby confirm that, in the course of executing (amending, supplementing, or terminating) this Agreement, as well as in correspondence related to such matters, the use of equivalents of handwritten signatures by the Parties is permitted. The Parties acknowledge that all notifications, messages, agreements, and documents executed in the fulfillment of obligations arising from this Agreement and signed using equivalents of handwritten signatures shall be legally binding and enforceable. Equivalents of handwritten signatures shall include authorized email addresses and login credentials to the Personal Account.

The Parties acknowledge that all notifications, messages, agreements, documents, and letters sent using authorized email addresses and the Personal Account shall be considered as duly sent and signed by the respective Party, unless explicitly stated otherwise in such correspondence.

Authorized email addresses of the Parties are as follows:

The Parties undertake to maintain the confidentiality of information and credentials required to access their authorized email addresses and the Personal Account, and to prevent disclosure or transfer of such information to third parties. Each Party is independently responsible for establishing access control procedures to safeguard this information.

Until the moment the other Party receives notice of a breach of confidentiality, any actions and documents executed and transmitted using an authorized email address shall be deemed to have been carried out and sent by that Party, even if performed by other individuals. In such cases, the rights, obligations, and liability shall rest with the corresponding Party.

Similarly, until the moment the Owner receives notice from the User of a breach of confidentiality, any actions and documents executed and transmitted via the Personal Account shall be deemed to have been carried out and sent by the User, even if performed by other individuals. In such cases, the rights, obligations, and liability shall rest with the User.

The Owner reserves the right to unilaterally amend the terms of this Agreement. Such amendments shall take effect upon publication of the new version of the Agreement on the Internet at: https://giftsbattle.com/public-offer

Continued use of the Website’s functionality shall constitute the User’s acceptance of the new version of the Agreement. If the User does not agree with the terms of the new version, they must cease using the Website.

All matters not governed by this Agreement shall be regulated in accordance with the applicable laws of the Republic of Estonia, excluding its conflict of law rules.

Obligation to report errors. The User undertakes to immediately notify the Service Administration of any identified technical errors, malfunctions, vulnerabilities, or other defects that may affect the operation of the Service (hereinafter referred to as 'Errors').

Prohibition on exploitation. The User is prohibited from:

Right to correction. In the event that the use of an Error is discovered, the Administration has the right to take action without prior notice:

Disclaimer of Administration's liability.

Disclaimer of warranties. The Service is provided 'as is'. The Administration does not guarantee the uninterrupted or error-free operation of the Service, nor its compliance with the User's specific goals and expectations.

Limitation of liability. Under any circumstances, the Administration:

Limit of liability. The User agrees that the maximum liability of the Administration, if provided by applicable law, is limited to the amount paid by the User for the use of the paid services of the Service during the term of this Agreement, unless otherwise provided by mandatory legal provisions.

Interaction with the Administration. The User agrees that the Administration has the right, at any time and without additional notice, to make changes to the operation of the Service (including fixing Errors, launching updates, and implementing new features) if such actions are necessary to ensure the security and proper functioning of the Service.

Acceptance of Terms. By continuing to use the Service, the User confirms their acceptance of the fact that the Administration is entitled to take any measures necessary to eliminate Errors and the consequences of their exploitation (including balance adjustments, item revocation, etc.) without any liability for potential losses incurred by the User.

Amendments to the Terms. The Administration reserves the right to unilaterally amend this Agreement by publishing the updated version on the Website. Continued use of the Service after such publication shall constitute the User’s acceptance of the new terms.

Code Gift OÜ

Registration Code: 16227875

Address: Tartu maakond, Tartu linn, Tartu linn, Riia tn 13, 51010, Estonia

Director: Martin Aasmae