Effective Date: August 26, 2025

We are Kinetic Energy game. These Terms of Service (“Terms”) define your and our rights and obligations under a legally binding contract. Please read these Terms carefully.

If you are located in a jurisdiction that recognizes mandatory arbitration provisions, please note that these terms contain a dispute resolution and arbitration provision, including a class action waiver, that affects your rights under these terms and with respect to disputes you may have with us and any related parties. You may opt out of the binding individual arbitration and class action waiver as provided in paragraph 13(c)(iii) (opt-out of arbitration provision) below.

1. TERMS AND BINDING EFFECT

By clicking a button that signifies your acceptance of these Terms or otherwise using our websites, applications, mobile games or online services that refer to these Terms (collectively, our “Services”), you agree to be legally bound to these Terms. Any reference to our “Services” in these Terms also refers to any part of our Services. We have the right to modify these Terms at any time and will provide you with notice of modification of these Terms by publishing such modified Terms on our website at https://google.yxfx.cc/.

If you continue to use our Services after we have published the modified Terms, you shall be deemed to agree to the modified Terms as of their effective date, unless applicable laws require that we obtain your agreement in another manner. These Terms constitute the entire and only agreement between us and you relating to the subject matter of these Terms and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to our Services. If you breach these Terms, we may take action against you, including suspending or terminating your access to our Services. The use of the word “include” and its inflections in these Terms are to be read to mean that what follows are examples and not an exhaustive list of what is included.

2. PRIVACY

Please refer to our Privacy Policy to help you understand what information we process and how we use it and what choices you have when you use our Services. You consent to us using your personal data as described in our Privacy Policy except where laws require us to obtain your consent in a different way.

3. AGE OF USERS

Children 12 and under are not allowed to use our Services. If you are above the age of 12 but under the age of 18, you are a “teenaged minor” and must ask your parent or legal guardian to read these Terms and agree to them because you are not allowed to use our Services without the permission of your parent or legal guardian. If you are the parent or legal guardian of a teenaged minor who wants to use our Services and you permit them to use our Services, you agree to: (i) familiarize yourself with any parental controls that we offer in our Services and use them as you feel is appropriate; (ii) supervise the teenaged minor’s use of our Services; (iii) protect the teenaged minor from using our Services in a manner that may result in any negative consequences, such as by setting appropriate time limits on how long they may use our Services; (iv) ensure that your child only uses our Services in compliance with these Terms; and (v) be legally responsible for any actions or omissions of you or your child in connection with your or their use of our Services.

4. YOUR OBLIGATIONS

You agree that you will not do any of the following:

• Use our Services where the laws that apply to you would prohibit you from using our Services;
• Use our Services if we tell you to stop using our Services;
• Sell, rent or give away your user ID, profile or any other type of account that is associated with your activity on our Services (collectively, “Account”), including any game progress saved to or associated with your Account;
• Use your Account for commercial purposes;
• Create an Account using a false identity or false information, or on behalf of someone other than yourself;
• Engage in any act that we deem to be in conflict with the spirit or intent of our Services, as we determine at our sole discretion;
• Abuse or make improper use of our support services;
• Use our Services to violate, or in violation of: (i) any applicable law, regulation, or government order; (ii) any applicable contract, policy or rule of ours, including our Community Guidelines; or (iii) any party’s intellectual property rights, privacy rights or other proprietary rights;
• Harass or threaten other players;
• Use any harmful, threatening, abusive, defamatory, libelous, pornographic, obscene, hateful, or racially or ethnically offensive language in our Services;
• Conduct any unlawful chats, messaging, or similar communications while using our Services;
• Cheat, hack, interfere with, tamper with, damage, disable, overburden, impact or conduct any attack on our Services or our servers or systems in any way, including by means of submitting a virus or other malware to our Services, or overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” our Services;
• Probe, scan, or test the vulnerability of our Services or any associated system or network, or circumvent, breach or modify our security or authentication measures without proper authorization;
• Attempt to modify, reverse-engineer, decompile or disassemble our Services, including by reducing to a human-perceivable form any of the source code used in providing our Services;
• Host, provide matchmaking services for, or intercept, emulate, or redirect the communication protocols used as part of any of our Services;
• Create or use cheats, exploits, “mods”, hacks, software, bots, or any unauthorized third-party software designed to modify or interfere with our Services or anyone’s experience using our Services;
• Transmit or make available in our Services any advertising, promotional materials or any other forms of solicitation;
• Transmit to us or using our Services any material that contains viruses, worms, traps or malicious computer code;
• Disrupt the normal flow of the applications and dialogue in our Services, or otherwise act in a manner that negatively affects other people’s ability to use our Services;
• Collect, process or store personal data about other people using our Services for your commercial purposes, for the purposes of harassing, stalking or abusing other people, or for purposes or in ways that would violate their privacy or human rights;
• Use any payment card in relation to our Services without the cardholder’s authorization;
• Remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any of our Services;
• Use any of our or our licensors’ trademarks, service marks or tradenames, or any variations or misspellings thereof, without our or their authorization;
• Attempt to do any of the above; or
• Encourage anyone else to do any of the above.

5. VIRTUAL ITEMS

We may offer or provide limited access to various “Virtual Items” in our Services, including (i) virtual in-game coins, currencies or monies, all for use in our games; (ii) virtual in-game items; and (iii) other Services for your personal and non-commercial entertainment. No payments in exchange for limited access to Virtual Items are necessary to use our Services. We offer limited access to Virtual Items for the sole purpose of enhancing your user experience and entertainment when using our Services. You must use your own skills and aptitudes and not rely solely on luck or chance when using our Services.

Virtual Items do not store or represent anything of value because we have the absolute right to manage, regulate, control, modify or eliminate Virtual Items and may revoke your access to them at any time and for any reason, with or without notice. We shall have no liability to you or any third party in the event that we exercise any such rights. You have no claim, right, title, proprietary or ownership interest in any of the Virtual Items regardless of any consideration paid for limited access to those Virtual Items. For as long as we provide you with limited access to a Virtual Item, you have a conditional, limited, personal, non-transferable and revocable permission to use the Virtual Item as we determine at our sole discretion.

You may not use Virtual Items for any purpose outside of the manner in which we permit them to be used in our Services. Except as we explicitly authorize, (i) you may not transfer any access you may have to any Virtual Items to other users; and (ii) you may not pay or receive payment in exchange for any access to any Virtual Items for “real world” money or any other valuable thing. Any attempt to do any of the foregoing is in violation of these Terms and may result in the suspension or termination of your access to our Services. All access to Virtual Items may be forfeited if we suspend or terminate your access to our Services for any reason, or if we discontinue our Services.

You agree that you will not assert or bring any claim against us, our affiliates, or our or their respective directors, officers, employees, agents, service providers or licensors (collectively, “Kinetic Energy game”) relating to (i) a claim that you own any Virtual Items, that Virtual Items constitute your property, or that Virtual Items have any monetary or other value; or (ii) a claim for an alleged monetary value of Virtual Items lost upon deletion or suspension of your access to our Services or modification, termination or expiration of these terms.

6. INTELLECTUAL PROPERTY

All rights, title and interest in and to our Services, including any games, applications, titles, computer code, themes, objects, characters, names, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, moral rights, documentation, in-game chat transcripts, Virtual Items, videos, audio, photos, advertising, images, text, designs, user profiles, gameplay mechanics, features, visual interfaces, branding (such as trade names, trademarks, service marks or logos), server software, metadata and other materials, and compilations, selections and arrangements of these materials, are owned by or licensed to us, subject to copyright and other intellectual property rights under applicable laws and international conventions. Therefore, no one other than us or parties that we have authorized has any right whatsoever to sell our Services. YOU ACKNOWLEDGE THAT YOU HAVE NO PROPERTY RIGHTS WHATSOEVER IN OUR SERVICES, INCLUDING VIRTUAL ITEMS.

7. FEES, REFUNDS, AND RETURN POLICY

To the fullest extent permitted by applicable law, any payments that you make on or through our Services (including, without limitation, for limited access to Virtual Items) are not refundable in whole or in part, except at our sole discretion. You are fully liable for all charges made through the Account or app marketplace account that you use to access our Services, including any charges that a third party made through such Account or app marketplace account but which you did not specifically authorize.

IN ADDITION TO THE FOREGOING, YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE SET FORTH UNDER APPLICABLE LAW, YOU WILL NOT BE REFUNDED, RECEIVE MONEY, OR BE OTHERWISE COMPENSATED FOR PAYMENTS YOU MAY HAVE MADE FOR LIMITED ACCESS TO VIRTUAL ITEMS THAT YOU HAVE NOT USED IF OUR SERVICES ARE TERMINATED FOR ANY REASON AND WITHOUT NOTICE, OR IF WE SUSPEND OR TERMINATE YOUR ACCESS TO OUR SERVICES.

We may, at any time, amend the availability, specifications, content, descriptions, features or other terms of our Services, including any offers of limited access to Virtual Items in exchange for payment. The inclusion of any Services at a particular time does not imply or warrant that these Services will be available at any other time. All such changes will be effective immediately upon posting of such new terms to our Services.

8. USER CONTENT

When accessing our Services, you agree to obey applicable laws and to respect the intellectual property rights of others. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “User Content”) in connection with our Services in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your Account on our Services. The burden of proving that any of your User Content does not violate any laws or third-party rights rests solely with you. Additionally, in the event that you become aware of or reasonably suspect any infringement of the copyrights or trademarks of ours or any third parties, occurring on any of our Services, you will immediately report such infringement to us. We may delete or take down any User Content at our sole discretion without notice. By submitting any User Content through our Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of our Services and other third parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented. You are solely responsible for your interactions with other users of our Services. To the fullest extent permitted under applicable law, you agree that you shall not institute any Dispute against us in relation to User Content (yours or another user’s), including without limitation in respect of any defamation, harassment, or false endorsement claims.

9. LIMITED PERMISSION TO USE OUR SERVICES

Subject to your agreement and continuing compliance with these Terms and any other relevant policies of ours, we grant you a conditional, non-exclusive, non-transferable, non-sublicensable, revocable and limited permission to access and use our Services for your own non-commercial entertainment purposes. We reserve the right to determine what conduct we consider to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms or our Services itself.

10. COPYRIGHT INFRINGEMENT

If you are a copyright owner or their agent and believe that any content on our Services infringes upon your copyrights and you want us to delete the content in question, please notify us using our contact details in Section 16 (Notice by Mail) below with the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on our Services; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address at which you may be contacted; (d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (e) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You must sign the notification.

11. DISCLAIMERS; LIMITATIONS OF LIABILITY; AND RELATED PROVISIONS

Because the laws of the European Economic Area (“EEA”), United Kingdom and Switzerland (collectively, “EEA+”) are different from some other laws, these Terms include one subsection that applies only if you are located in the EEA+ (Subsection 11(A) below) and one subsection that applies only if you are located outside the EEA+ (Subsection 11(B)).

A. If you are located in the EEA+

This Subsection 11(A) only applies if you are located in the EEA+.

Provided that we have acted with professional diligence, we do not take responsibility for loss or damage, unless it is: (1) caused by our breach of these Terms; or (2) reasonably foreseeable at the time of entering into these Terms (i.e. it is obvious that it will happen or, at the time that you and we entered into this contract, it is known that it might happen). Nothing in these Terms is intended to exclude or limit our liability for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded by law.

If we suspect that you have breached these Terms, we may investigate. While we do so, we may suspend your access to our Services, acting reasonably and objectively depending on the seriousness of the suspected breach and only to the extent permitted by applicable law and in accordance with any legal obligations. We might then decide to temporarily suspend or permanently terminate your access to our Services if: (1) we determine, acting reasonably and objectively, and in accordance with applicable law, that you are in material or repeated breach of these Terms; (2) we have objective grounds to reasonably believe that you are about to seriously breach these Terms; (3) we are legally required to do so; or (4) we have objective grounds to reasonably believe that it is required in response to dealing with a serious technical or security issue. If you think we have made a mistake in suspending or terminating your access to our Services, you can appeal our decision by notifying us at the postal address at Section 16 (Notice by Mail) below and we will review our decision and decide again.

If you are a resident in a country in the EEA:

• you have a statutory right to withdraw from these Terms within 14 days of entering into them, and instructions on how to exercise this right, the consequences of exercising this right and a model form that you can use are set in Appendix 1 (Withdrawal Rights (EEA only)); and
• our Services may be covered by the statutory warranty of conformity pursuant to the Directive EU/770/2019, as implemented in the country in which you reside, for the entire duration in which we provide our Services to you. We will regularly inform you of and provide software updates, including security updates, that are necessary to keep our Services in conformity with these Terms or any applicable laws. We strongly recommend that you immediately implement any update we provide. Failure to do so may affect the full operation of our Services. In the event you identify or experience any non-conformity, please notify us at the postal address at Section 16 (Notice by Mail) below. We will review your complaint of non-conformity and do our best to bring our Services back into conformity within a reasonable time from the time you informed us about the lack of conformity, free of charge. If we are unable to bring our Services into conformity within a reasonable time, we will inform you and you will be free to decide to terminate these Terms and suspend any use of our Services.

B. If you are located outside of the EEA+

This Subsection 11(B) only applies if you are located outside of the EEA+.

NO WARRANTIES OR CONDITIONS: OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING OUR SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Kinetic Energy game PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SERVICES.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, Kinetic Energy game PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, LIQUIDATED, PUNITIVE OR OTHER SIMILAR DAMAGES, OR ANY DAMAGES IN EXCESS OF ACTUAL HARM, INCLUDING LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR OUR SERVICES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU PAID TO US FOR LIMITED ACCESS TO VIRTUAL ITEMS ON OUR SERVICES WITHIN THE LAST TWELVE MONTHS.

Access at our Discretion: To the fullest extent permitted by applicable law, we may limit, suspend, modify or terminate your access to our Services, at our sole discretion, at any time and without notice to you, including if you are, or we suspect that you are, failing or will soon fail to comply with any of these Terms or for any actual or suspected illegal or improper use of our Services. Any such termination or suspension will not affect any other rights we may have under applicable laws.

Defense and Indemnification: You agree to defend Kinetic Energy game Parties from any claim, demand, allegation, investigation, lawsuit, proceeding or other dispute (collectively, “Dispute”) asserted by any third party resulting from or arising out of your use of our Services, or any breach by you of these Terms. You also agree to indemnify and hold harmless each Kinetic Energy game Party against any damages, liabilities, assessments, losses, costs, and other expenses (including reasonable attorneys’ fees and legal expenses) incurred by that Kinetic Energy game Party relating to any Dispute. We will notify you promptly of any such Dispute, and will provide you with reasonable assistance, at your expense, in defending any such Dispute, except that failure to provide such notice will not release you from any obligations hereunder except to the extent that you are materially prejudiced by such failure.

Exception: Nothing in these Terms shall exclude or restrict any liability resulting from our gross negligence or willful misconduct, or any liability that cannot be excluded by law.

12. TRADEMARK

Unauthorized use of our or our licensors’ trademarks is strictly prohibited. Such trademarks shall include, but are not limited to: “Kinetic Energy game”

DISPUTE RESOLUTION AND GOVERNING LAW

A. Governing Law

These Terms and any disputes concerning these Terms or our Services (“Disputes”) shall be governed by and construed in accordance with the laws of Türkiye. This Subsection 13(A) (Governing Law) shall not apply if and to the extent it violates the laws of your jurisdiction.

B. Forum Selection if Arbitration Provision Does Not Apply

All Disputes are subject to the exclusive jurisdiction of a Center Court of Istanbul without regard to conflict of law provisions, in Türkiye, subject to two exceptions applicable to users outside of Türkiye: (a) if you are located in a jurisdiction that recognizes mandatory arbitration clauses, then all Disputes are subject to mandatory arbitration, per Subsection 13(C) (Dispute Resolution by Binding Arbitration) of these Terms, unless you opt out pursuant to Paragraph 13(C)(iii) (Opt-Out of Arbitration Provision); and (b) if mandatory arbitration and forum selection clauses are illegal or unenforceable under the laws of your jurisdiction, this Subsection 13(B) (Forum Selection if Arbitration Provision Does Not Apply) shall not apply to you.

C. Dispute Resolution By Binding Arbitration

This Subsection 13(C) (Dispute Resolution by Binding Arbitration) shall also be referred to as the “Arbitration Provision”. YOU HAVE READ THIS ARBITRATION PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION AS PROVIDED IN PARAGRAPH 13(C)(iii) (OPT-OUT OF ARBITRATION PROVISION) BELOW.

(i) Election to Arbitrate

You and we agree that the sole and exclusive forum and remedy for resolution of a Claim shall be final and binding arbitration pursuant to this Arbitration Provision, unless you opt out as provided in Paragraph 13(C)(iii) (Opt-Out of Arbitration Provision) below. As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through, affiliated with, or connected with you), on the one hand, and us (or persons claiming through, affiliated with, or connected with us) on the other hand, regardless of when the claim arose, even if it was before these Terms existed, relating to or arising out of any products or services provided by us to you, any interactions or communications between or among you and us, these Terms, and/or the activities or relationships that involve, lead to, or result from these Terms, including (except to the extent provided otherwise in the last sentence of Paragraph 13(C)(viii) (No Class Actions) below) the validity or enforceability of this Arbitration Provision, any part thereof, or these Terms in their entirety. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable. Expressly excluded from the definition of Claim are claims, counts or causes of action that have been or are in the future asserted in any lawsuit that is pending in any court located in the USA on November 11, 2024.

(ii) Applicability of the Federal Arbitration Act; Arbitrator’s Powers

This Arbitration Provision is made pursuant to a transaction involving interstate or international commerce and shall be governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator shall apply the statute of limitations of the location where the arbitration takes place. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision or these Terms. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.

(iii) Opt-Out of Arbitration Provision

You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to the postal address at Section 16 (Notice by Mail) below within 45 days of the earlier of (1) the date of your electronic acceptance of these Terms or (2) the date you first accepted any terms with us that contained an arbitration provision. The opt out notice must clearly state that you are rejecting arbitration; provide your name, address, email address and telephone number; and be signed by you. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf in the form of a notarized power of attorney.

(iv) Mandatory Informal Dispute Resolution

If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Prior to initiating any Claim in arbitration or small claims court you must first give us an opportunity to resolve any complaints by sending an email to dnwx0911@gmail.com with the subject line “Dispute Notice”. Your Dispute Notice must contain the following information: (1) your name, (2) address, (3) if available, the email address used with us, (4) user ID (5) if available, the confirmation or other information for the transaction that is the subject of the complaint, (6) the date, (7) a brief description of the nature of the complaint, and (8) the resolution you seek (together, the “Required Information”). If your Dispute Notice does not contain all of the Required Information (or an explanation of why you are unable to include it), then the Dispute Notice shall be without effect, and must be resubmitted before any arbitration or small claims court action against us can be initiated. This requirement is intended to inform us that you have a complaint to be resolved. If we do not resolve the complaint within 60 days of the initiation of the Dispute Notice, you shall be entitled to seek relief as stipulated in this Arbitration Provision.

(v)Arbitration Procedures

The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”). If, and only if, the AAA declines for any reason to administer the arbitration or is otherwise unable to administer the arbitration for any reason, you agree that, alternatively, the arbitration will be administered by the National Arbitration and Mediation (“NAM”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator used, except to the extent the rules conflict with this Arbitration Provision or are prohibited by any countervailing law. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AAA by contacting the AAA as follows: on the web at https://www.adr.org/ or by writing to American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with NAM at https://www.namadr.com/resources/rules-fees-forms/. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control if not prohibited by countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be conducted by one arbitrator, who will be appointed by the administrator. You agree that the arbitration will be conducted in the English language. Any hearing will be conducted virtually unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, if you are located in the United States, such hearing will be held in the United States county where you live or work, or any other location we agree to, and if you are located outside the United States, such hearing will be held in New York County, State of New York, United States, or any other location we agree to. You agree that, in the event of an in-person hearing, any employee, witness or representative of ours who resides more than 150 miles from the location of the in-person hearing and who is participating in the hearing, may participate by telephone or video conference, and his or her physical presence shall not be required. We agree that, in the event of an in-person hearing, if you reside more than 150 miles from the location of the in-person hearing, you may participate by telephone or video conference, and your physical presence shall not be required, and any witness of yours who is participating in the hearing who resides more than 150 miles from the location of the in-person hearing, may participate by telephone or video conference and his or her physical presence shall not be required. Ordinarily, pre-hearing information exchanges will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to records and communications directly related to the transactions between you and us that are the subject of your dispute. Any issues regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, and the arbitrator’s determination shall be conclusive. Any arbitration shall be confidential, and neither party may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.

(vi) Arbitration Fees

Each party will be responsible for its own initiation fees for arbitration, but if your entire Claim is for less than $1,000, we shall reimburse you for the filing fee upon written request for reimbursement with documentation of insufficient funds to pay the fee. In the event that you are able to demonstrate that the costs of arbitration would be prohibitive as compared to costs of litigation in court, we will pay as much of the fees and costs in connection with the arbitration as the arbitrator deems necessary in order to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation in court. In the event that the AAA’s Consumer Mass Arbitration and Mediation Fee Schedule or the mass arbitration fee schedule of another administrator applies, such fee schedule will take precedence over any other statement in these Terms to the extent required by the AAA or another administrator.

We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the fees and expenses for their respective attorneys, experts, and witnesses, and for preparation and presentation of evidence at the arbitration, except as otherwise required by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.

(vii) Arbitration Award and Appeals

Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitration administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the final award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not appealed, and any panel award on appeal, shall be final and binding, except for any appeal right under the FAA, and may be entered as a judgment in any court of competent jurisdiction.

(viii) No Class Actions

YOU AND WE EACH AGREE THAT NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION. The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favor of you or us individually and only to the extent necessary to provide relief warranted by your or our individual claim without affecting other users of ours. Nothing in these Terms will prevent you from seeking public injunctive relief separately from arbitration in court, and any such application will not be deemed incompatible with the agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and we agree that any claims for damages and/or any relief other than public injunctive relief must be heard in arbitration first, with any claims seeking a remedy of public injunctive relief in court proceeding only after the arbitration of all arbitrable Claims, and any claims or portions of claims seeking a remedy of public injunctive relief will be stayed pending the outcome of the arbitration pursuant to section 3 of the FAA. If you file a lawsuit in court seeking public injunctive relief before meeting the requirements of the Mandatory Informal Dispute Resolution process or the agreement to arbitrate, you will be waiving your right to seek damages from us or our affiliates relating to any Claims governed by these Terms. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration. In accordance with the AAA Mass Arbitration Supplementary Rules (or if the arbitration is being administered by NAM, with NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures), or upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator, including any Process or Procedural Arbitrator, may, at their discretion, coordinate more than one arbitration proceeding initiated under this Arbitration Provision, in order to promote efficiency in discovery and to avoid inconsistent rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently-pending arbitrations initiated under this Arbitration Provision, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request and be provided with an individualized hearing. The Process or Procedural Arbitrator may, at their discretion, determine that any mass arbitration should proceed first by hearing and issuing decisions on a limited number of bellwether claimants followed by mediation of any remaining claimants before additional arbitration demands may be filed and, to facilitate the bellwether process, may enjoin the filing of additional arbitration demands or order that no such demands be accepted for filing pending completion of the bellwether hearings and mediation. If an order is issued enjoining the filing of additional arbitration demands or providing that such demands not be accepted for filing by the administrator, then the statutes of limitations applicable to the claims in the arbitration demands that cannot be filed as a result of that order shall be tolled while the order is pending, and the duration of the order shall be no longer than one year. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No rulings issued in the hearings of any bellwether claimants shall be binding on any other claimant, nor shall any decisions or awards resulting from bellwether hearings be applied as precedent in any other hearing. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Paragraph 13(C)(viii) (No Class Actions), and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of the prohibition in this Paragraph 13(C)(viii) (No Class Actions) from proceeding in arbitration on a class, representative or collective basis shall be determined exclusively by a court and not by the administrator or any arbitrator.

(ix) Survival and Severability of Arbitration Provision

This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than the prohibition on bringing class or collective actions in arbitration as set forth in Paragraph 13(viii) (No Class Actions) is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision’s limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Paragraph 13(viii) (No Class Actions) are finally adjudicated pursuant to the last sentence of Paragraph 13(viii) (No Class Actions) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.

(x) No Jury Trials

To the extent permitted by applicable law, you and we both agree to waive our right to a jury trial. Expressly excluded from this jury trial waiver is any lawsuit that is pending in any court in the USA on November 11, 2024.

(xi) WAIVER OF RIGHT TO LITIGATE

THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.

SEVERABILITY

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, except as provided in Paragraph 13(C)(ix) (Survival and Severability of Arbitration Provision) if that section is applicable, all other terms and conditions will remain unaffected and in full force and effect.

FORCE MAJEURE

We shall not be liable for any delay or failure to perform resulting from causes or circumstances outside of our reasonable control, including any acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, pandemic, energy, labor or materials.

NOTICE BY MAIL

To contact us in relation to these Terms, you must send us written notices or correspondence using first-class mail, postage pre-paid, or any courier service guaranteeing delivery, at the following address:

Kinetic Energy game

24F, DITIEJINRONGKEJI BUILDING, 9819 SHENNAN ROAD NANSHAN DISTRICT,SHENZHEN,GUANGDONG,CHINA

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.