Mistplay for iPhone Terms of Use

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Last Updated: July 1, 2025

Introduction

Welcome to Mistplay for iPhone (the "App") owned and operated by Mistplay, Inc. ("Mistplay," "we," "our", or "us"). The App rewards you for completing surveys, testing products, promoting offers, engaging with games promoted through LoyaltyPlay, and for completing certain tasks. These Terms of Use ("Terms") are a legal document between the App users ("User", "Users", "you", or "your") and contains important information about your rights and requirements relating to the services offered by Mistplay in the App ("Services"). If you are a resident of Canada, the additional terms in the Canada-Specific Addendum to this Agreement may apply to you. This Agreement governs your access and use of the App and Services, and applies only to the App offered by Mistplay for iPhone and iPad devices. For information on Mistplay's other offerings, such as our apps available in the Google Play Store or in mobile web browsers, please see those Terms of Use.

Please ensure you read these Terms carefully before using the Services. Our Services include a rewards program defined, managed, and operated by Mistplay (the "Rewards Program"). Your participation in the Rewards Program may enable you to earn Mistplay in-app virtual points ("Points") that can be used to redeem rewards (such as gift cards) and other offers ("Rewards"). Please note that Points earned in the App cannot be combined with or redeemed in any other rewards program offered by Mistplay, such as our Android app.

Here are a few important terms and the sections that cover them:

  • If you are under 18, you may not use the Service (Section 1).
  • You must be a legal resident of and located in the US (Section 1).
  • We collect information you provide directly or indirectly, such as by creating or modifying your account, requesting Services, redeeming your Rewards, contacting customer support, or participating in the Rewards Program. These Terms will remain in full force and effect while you use the Services and/or have a Mistplay account unless terminated as described below (Section 10).
  • The Services include links to third-party websites or apps, subject to their own terms of use and privacy policies. We are not responsible for these third-party sites or services, so be cautious when using them. You are responsible for reviewing and understanding the terms, conditions, and privacy policies of third-party websites, applications, or services you visit. Any interactions or agreements with third-party organizations are solely between you and them (Section 9).
  • BELOW IS A MANDATORY ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS. BY AGREEING TO THESE TERMS, YOU AGREE TO THOSE PROVISIONS (Section 18).

1. Accessing Our Services/Eligibility

To access the Services, you must agree to these Terms. You acknowledge our Privacy Notice. To access certain features, including the Rewards Program, you must create a Mistplay account and provide a valid email address, phone number, and login details you create or you make available through a third party such as Apple. Eligibility for an account and to use our Services is subject to the following representations and warranties that you make:

  • all information you share with us is truthful and will remain accurate and complete;
  • you have the legal capacity to agree to these Terms;
  • you are at least 18 years old;
  • you are a legal resident of, and located in, the United States;
  • you are a human (as opposed to bots, artificial intelligence, and/or automated programs) and not accessing the Services to engage in fraudulent activity; and
  • you are not creating or registering another account to use the Services after having been previously suspended, removed, or otherwise deactivated from using the Services.

2. Availability of our Services

We are constantly changing and improving our Services and may at any time add or remove functionalities or features of the Service. New features added to the Services will become subject to these Terms. We do not guarantee that all Services will be available at all times, in all locations, to all Users, due to technical, regulatory, and other restrictions. Content, Rewards Programs, features, and Rewards within the Service may vary by User and location.

You may not use any technology or technique, such as a VPN service, to obscure or disguise your location. We may use technologies to secure our platform, prevent fraudulent activity, verify your geographic location, restrict access to the Services from other locations, and otherwise enforce these Terms. Mistplay is not liable for any delay or failure to perform under these Terms resulting from causes beyond Mistplay's reasonable control, including, for example, acts of God, war, government mandates, pandemics, failure of transportation, or misuse of the Services and Rewards Program.

Mistplay reserves the right to withdraw, update, or modify the Services in Mistplay's sole discretion. Mistplay will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. Mistplay may restrict or terminate access to all or any part of the Services to you or any other Users if it determines, in its sole discretion, that your use of the App is not authorized or otherwise violates these Terms.

3. Communicating with You

When you access or use the Services, provide your e-mail address during account creation, add or update your email address in your account settings, or send us e-mails you are communicating with us electronically. In doing so, you consent to receive e-mail communications from us. We will communicate with you by e-mail or by posting notices within the App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically are considered transactional communications and satisfy any legal requirement that such communication be in writing. You are responsible for keeping the email you provide to us current to avoid missing notices about your account, changes to our Terms or a notice regarding termination of the Service.

4. Account Inactivity

Your account will be deemed inactive, and your Points will expire under the following circumstances:

  • if you at any time request to stop participating in the Service or
  • you do not earn any Points or redeem any Points for a Reward within a 90-day period.

We will give you prior notice of Points expiration by sending you an email at least thirty (30) days before your points expire. Before the effective date for Points expiration, you may prevent your account from becoming inactive and your Points from expiring by doing either of the following:

  • log in to your account and successfully earn Points; or
  • redeem any of your Points for a reward.

While expired Points cannot be recovered, you may reactivate your inactive Mistplay account by logging into your account and earning Points. If you reactivate your account, you agree to all the Terms at that point in time.

5. Rewards Program: Points and Rewards

Earning Points. Mistplay allows you to participate in our Rewards Program and interact with our participating brands to earn points from various activities, including, for example, completing surveys, physical activities, playing games, watching videos, referring friends, making qualified transactions in connection with affiliate programs, or engaging in any other activity as described in our App or Rewards Program (collectively, "Rewarded Activities"). Please note that we reserve the right to make changes to our Rewards Program, including adding, changing, or removing Rewarded Activities, in our sole discretion, and at any time, including by removing certain types of Rewarded Activities, experimenting with features or changing the amount of Points that can be earned for certain Rewarded Activities. As a result, not all users may view or have access to the same Rewarded Activities as other users. This can depend on a variety of factors, including user location.

6. Referrals Program

Referral programs are another type of promotion that Mistplay may offer to various users. Users who opt into the referrals program may receive a unique referral link that can be shared with invitees to sign up for Mistplay. The user is responsible for obtaining the necessary legal authorization to share the referral link with invitees. Once an invitee successfully creates an account with the App and completes the outlined tasks detailed within the App, the referring user will be rewarded with bonus Points in accordance with the program description. If you signed up for the App through a referral link and do not wish for your username or information to be displayed or shared, you may be given the opportunity to opt-out or otherwise contact us here to do so. By opting out of the referrals program, you may lose or be deducted the bonus Points that you received from your sign-up through the referral link.

LoyaltyPlay

Users are also able to earn Points in exchange for completing achievements ("Achievements") in games discovered through LoyaltyPlay ("Promoted Games") and opened by the user via LoyaltyPlay. Mistplay will calculate and display the quantity of Points you earn after you install and engage with the Promoted Games. Achievements offered and the Points earned per Achievement may vary depending on the Promoted Game. Achievements will be further defined in the LoyaltyPlay Service. Achievements may include, but are not limited to, the following: (a) completing certain milestones; (b) reaching various checkpoints; (c) completing a tutorial; (d) making in-app purchases; and (e) reaching certain levels within a Promoted Game. Mistplay may change Achievements for a Promoted Game from time to time. Please refer to the LoyaltyPlay game details page to see what Achievements are required to earn Points.

In the Mistplay for iPhone iteration of LoyaltyPlay, Mistplay for iPhone is the Partner App as that term is defined in Section 16 (Service-Specific Terms) of the Mistplay Terms of Use, available here.

7. Points and the Redemption Process

Points can only be used in exchange for Rewards and have no monetary or other use or value outside of the App. When your Points balance reaches the Lowest Redemption Quantity ("Lowest Redemption Quantity" shall mean the least value of Points needed to redeem a Reward, which is subject to change at any time), you may redeem your Points. There is no automatic redemption of Points. No interest is accrued on Points. Points are only to be used to redeem Rewards provided by Mistplay. Mistplay does not guarantee that any particular Reward will be available for any given product for any specific user at any moment.

Furthermore, not all Rewards may be available to all Users at all times, and different Rewards may be available to only certain Users. Items for which Rewards are or will be available are subject to change without notice. Mistplay reserves the right to change, remove, discontinue, or otherwise alter the availability of Rewards at any time.

Notwithstanding anything contrary in these Terms, you acknowledge and agree that you shall have no ownership or other property interest in your account and that all rights in and to your account are and shall forever be owned by and inure to the benefit of Mistplay. Points are personal, non-exclusive, non-transferable, non-sublicensable, revocable, and have limited right and license to use that Point only in connection with your use of the Rewards Program and within the Service. You further acknowledge and agree that you have no title, ownership, or other proprietary interest in any Rewards and Points, regardless of any consideration. Your Points balance or any part of it is not transferable, cannot be divided as part of a settlement, legal proceeding, or death, and cannot be combined with Points of any other member in the Service. Points may not be brokered, bartered, attached, pledged, gifted, or sold. Expired Points cannot be redeemed, and you must be an active User to redeem Points for Rewards.

8. Redemption Process

When you make a request to redeem Points for a Reward, you must select an available Reward within the App, which could be, for example, a gift card, virtual item(s), or a discounted or promotional offer. Once a redemption request is approved and we authorize the Reward to be issued, your Points balance will be reduced by the number of Points applied toward your selected Reward. All Rewards are non-refundable and may not be returned or canceled unless we provide an opportunity to cancel the Reward redemption. We are not responsible or liable for any loss or delay of any Reward once you have redeemed your Points. If you have any questions or concerns with the redemption process, contact us here.

9. Third-Party Features

The Services may contain links or connections to third-party websites, applications, or services not owned or controlled by us. When you access third-party websites or use third-party services, you accept that there may be risks in doing so and that we are not responsible or liable for your use of such third-party websites or third-party services. We encourage you to be aware when you leave our Services and App. Please make sure to review third-parties’ terms and conditions and privacy policies of each third-party website or service that you visit or utilize. Your interactions with third-party organizations and/or individuals found on or through their services, as well as any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the respective third-party.

10. Personal Data and Our Use of Cookies

You direct us to collect, store, and otherwise receive, depending on your use of the Services, includes: i) account information such as name, email, preferences, and chat comments, ii) social network information based on settings in third-party features that you provide us access to, iii) demographic and biographical data such as age, gender, and birth date, iv) device and connection information such as IP address and device identifier for advertisers ( “IDFA”), v) non-precise location data, vi) exact geolocation data when you seek to redeem Rewards and vii) other voluntary information you provide to us or direct us to collect. You acknowledge that Mistplay is a data controller in the context of Services. The user acknowledges that Mistplay uses cookies and similar technologies. Please refer to our Privacy Notice for more information. To prevent fraudulent account registration and Reward redemption, we may require you to share your precise geolocation or your mobile device phone number with us for verification. If you do not provide the information required for verification, you may be unable to register for the Services and/or redeem Rewards.

11. Prohibited Conduct and Content

You are required to comply with applicable laws at all times when using the Services and these rules of conduct. In particular, the following restrictions apply to your use of the Services. You are not allowed to:

  • Create multiple accounts unless Mistplay makes an exception for certain parts of the Services.
  • Transfer or sell a user account to third parties.
  • Allow your account to be used on behalf of any third party, including someone not eligible to use the Services as defined above.
  • Allow any other person to access your account.
  • Access your account for any purpose other than personal use and not for any business or commercial purpose.
  • When using the Services, you may not use a virtual private network ("VPN"), proxy, or any other means to obscure the true source of traffic or your location.
  • Make use of any means to circumvent the proper functioning of the Services by methods such as:
    1. any electronic means such as an internet bot or web robot ("Bot") to generate automated views, clicks or conversions or to scrape or automatically collect content or data from the App or other parts of the Services;
    2. software that allows a user to falsify data relating to their phone's input or that allows the user to appear to be using their phone when in reality, they have left it idle (e.g., auto-clicker and autoscrolling programs);
    3. an emulator of any kind to access our App or the Services, regardless of the platform on which the emulator is being used;
    4. software that can be used to modify surveys or software that can unlock content for free that would otherwise need to be purchased;
    5. any means to distribute harmful or malicious computer code (e.g., viruses) via or into the Services;
    6. an account with a rooted device or any device for which the user has been granted root access or privileged control (rooted devices are not supported devices and may at any time be blocked from us).
  • Use disposable email addresses that automatically forward messages to an alternate address or that can automatically visit and open verification links sent to them.
  • Access the Services through software and services developed and offered by Mistplay, whether in the Google Play Store, App Store, on the web, or software Mistplay develops for applications provided by third parties.
  • Select a username, persona, or bio that is used by, or impersonates, someone else or that Mistplay reasonably determines is vulgar or offensive or violates someone else's rights.
  • Engage in any conduct that disrupts or impedes a third party's use and enjoyment of the Services.
  • Use the Services if you are not at least 18 years old.
  • Are located in a country where our Services are not available, or a country that is subject to embargo by the U.S. or other similar authority.

Any account, device or User that appears to operate in violation of Section 11 ("Rules of Conduct") is in material breach of this Agreement and may be suspected of, and reported to the authorities for, fraudulent activity. If we reasonably believe that any User activities, gameplay, or Units gained are the result of fraud, illegality or violation of these Terms, including the Rules of Conduct in this Section, we will investigate and take action, including but not limited to removing any Units, suspending access to Units, Rewards, or an account, or permanently blocking an account or device, with notice where required by law. We will consider in good faith any information from the User to show that the account has been used without fraud and in accordance with these Terms. If you have questions about Mistplay's assessment of your account's compliance with the Rules of Conduct, contact us here.

12. Suspension and Termination

You may stop using the Services anytime, for any reason, by uninstalling the App and/or discontinuing your use of the Services. Mistplay reserves the right to suspend or permanently terminate these Terms temporarily and your account if:

  • we are required to do so to comply with a legal requirement (e.g., U.S. sanctions laws) or a court order;
  • we believe the reason that there has been conducting that creates (or could create) liability or harm to Mistplay, any third-party;
  • you materially or repeatedly breach these Terms; or
  • we wind down or cease making the Services available.

If we cease providing the Services, we will notify you by email or through the App. If practicable, we will provide you notice beforehand so you can make a redemption request (subject to any minimum redemption amount for a gift card). If you do not make a redemption request within the notified period, your Points balance will or may expire. If you cancel or deactivate your account, any currently existing Points will automatically expire upon cancellation or deactivation. It is your responsibility to make a redemption request before cancellation or inactivation.

In addition, we reserve the right to, with or without notice, terminate any account that has been inactive for a consecutive period of ninety (90) days. An account is deemed inactive when: i) no Points have been earned or redeemed and ii) there has been no access or attempt to access the Services (together "Inactive Accounts"). If the Inactive Account contains any Points or Rewards, they will be considered void subject to notice, only if required by local law.

After your account is terminated, you will not be able to access the Services and may not participate in any of the Services again without Mistplay's express permission. Any data, virtual items, accumulated Points, or balances may no longer be available. Termination of these Terms by Mistplay will not limit nor restrict Mistplay from pursuing any other remedies available to it, including seeking damages or injunctive relief. You acknowledge that you will not receive money or any other form of compensation for unused Points when your account is closed.

13. Intellectual Property

The Services contain copyrighted material, trademarks, materials protected by author rights, and other proprietary information. All of the elements comprising the Services (inter alia, texts, images, domain names, trademarks, logos, audio and video files, software, photos, technology, graphic design, etc.) are protected by intellectual and industrial property law. The entire contents of the Services are protected as a collective work and database under copyright and database laws.

Mistplay owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part.

Except if expressly permitted by applicable law, no copying, reproduction, modification, public communication, assignment, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Mistplay and the copyright owner (if different from Mistplay). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark notice or copyright notice shall be made.

14. Warranty Disclaimer

THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND DEFECTS, WHETHER KNOWN OR UNKNOWN, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MISTPLAY (ON ITS OWN BEHALF AND ON BEHALF OF EACH OF ITS AFFILIATES) EXPRESSLY DISCLAIMS (AND YOU HEREBY WAIVE) ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT, (B) REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE ACCURACY, COMPLETENESS, AVAILABILITY, TIMELINESS, USEFULNESS, OR RELIABILITY OF THE SERVICE (INCLUDING ANY CONTENT THEREON), AND (C) REPRESENTATIONS AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING ANY OF THE FOREGOING, MISTPLAY MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, ACHIEVE ANY RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEM, OR SERVICE, OR ARE UNINTERRUPTED, ACCURATE, FREE OF CONTENT ERRORS, VIRUSES, UNAUTHORIZED ACCESS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, SOFTWARE, DATA OR NETWORKS. MISTPLAY WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY VIRUS, HARMFUL CODE, UNAUTHORIZED ACCESS, OR THIRD-PARTY MATERIAL. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CONTROLS TO SATISFY YOUR PARTICULAR SECURITY REQUIREMENTS.

15. Limitation of Liability

EXCEPT AS REQUIRED BY LAW, IN NO EVENT WILL MISTPLAY, ANY OF ITS AFFILIATES, OR ANY OF THE RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING BE RESPONSIBLE OR LIABLE FOR ANY KIND OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ACCESS REWARDS, OR ANY THIRD PARTY SERVICES. DAMAGES UNDER THIS LIMITATION OF LIABILITY INCLUDE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY (INCLUDING DEATH OR EPILEPTIC SEIZURE TRIGGERED BY AN IMAGE, VIDEO, OR GRAPHIC WITHIN THE APP OR RELATED TO OUR SERVICES), PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR AN ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. USER FURTHER AGREES THAT MISTPLAY, ANY OF ITS AFFILIATES, OR ANY OF THE RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING SHALL NOT BE LIABLE TO USER NOR TO ANY THIRD PARTY FOR ANY TERMINATION OF USER ACCESS TO THE SERVICES OR DELETION OF USER DATA. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING CONSUMER PROTECTION LAW). UNDER NO CIRCUMSTANCE SHALL MISTPLAY'S MAXIMUM LIABILITY IN CONNECTION WITH THESE TERMS IN THE AGGREGATE EXCEED THE GREATER OF: (A) THE AMOUNT ACTUALLY PAID BY YOU SPECIFICALLY FOR THE SERVICES; AND (B) $100.00. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY AND, SOLELY TO THE EXTENT NOT SO ALLOWED, SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE REASONABLE IN ACCORDANCE WITH EACH OF YOUR AND MISTPLAY OBLIGATIONS AND LEVEL OF RISK UNDER THESE TERMS.

16. Indemnification

You agree to defend, indemnify, and hold harmless Mistplay, its affiliates, and the respective licensors, service providers, suppliers, officers, directors, employees, contractors, agents, successors, and assigns of each of the foregoing, as permitted by law, from and against any and all claims, liabilities, judgments, awards, losses, costs and damages, including reasonable attorney or legal fees arising out of or relating to: (a) your access to or use of the Services; (b) your breach of these Terms; or (c) any unauthorized access to or use of your account on the Services.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws applicable in New York, USA, without regard to its conflict of laws principles. For disputes not subject to Section 18. Mandatory Arbitration and Class Action Waiver, any actions or claims brought under this Agreement shall be brought before the competent state or federal courts located in New York, New York, USA. If you are a resident of Canada, please refer to the Canada-Specific Addendum below.

18. Mandatory Arbitration and Class Action Waiver

BY ACCEPTING THE TERMS YOU AND MISTPLAY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE ANY AND ALL CONTROVERSIES, CLAIMS, AND DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR THE INTERPRETATION, PERFORMANCE, OR BREACH HEREOF, INCLUDING ALLEGED VIOLATIONS OF ANY STATE OR FEDERAL STATUTORY OR COMMON LAW RIGHT OR DUTY AND THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM YOUR USE OF THE SITE AND THESE TERMS OF USE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be by a single arbitrator administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at https://adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will have discretion to include the payment of your or our arbitration costs and legal fees in any award.

You may elect to pursue your claim in small claims court rather than arbitration if you provide us with written notice (via first class mail to the address set forth below) of your intention to do so within sixty (60) days after your registration for our Service. The arbitration or small claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR MISTPLAY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS AND SHALL BE DEEMED PERMANENTLY BARRED.

Notwithstanding anything to the contrary, in addition to any and all remedies available at law, Mistplay shall be entitled to seek an injunction or other equitable remedies in all legal proceedings in the event of any threatened or actual violation by you of any of these Terms.

These binding arbitration provisions shall not apply to the extent prohibited by applicable law, and if any provision of this Section is found unenforceable in any final, non-appealable decision by a court of competent jurisdiction, the unenforceable provisions will be severed and the remaining arbitration terms will be enforced, and any portion of any claims or actions which may be resolved by arbitration shall be so resolved, subject to all enforceable provisions of this Section.

19. General Terms

The Terms constitute the entire agreement and understanding between Mistplay and you (collectively referred to as the "Parties") with respect to the subject matter hereof and supersedes all prior or contemporaneous written, electronic, or oral communications, representations, agreements, or understandings between the parties with respect thereto. The Parties' failure to require or enforce your performance of any specific sections of these Terms or the non-exercise of any right under the Terms shall not be considered a waiver of the right to rely on that provision in any other instance. In the event the Terms are terminated, all sections that by their nature are intended to survive termination of the Terms shall survive, including but not limited to sections related to intellectual property, warranty disclaimer, limitation of liability, and indemnity, governing law and jurisdiction, and dispute resolution by binding arbitration. You agree that you are solely responsible for all applicable federal, state, local or provincial withholding, taxes, and government fees or costs associated with Points or Rewards and any exchanges and distributions. If one or more of the provisions of the Terms are held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality, and enforceability of the remaining sections of the Terms shall be unaffected.

20. Updating our Terms

We may change or update these Terms for business, legal, or other reasons and will indicate those changes by updating the Last Updated date above. Mistplay reserves the right to change or modify any of the sections contained in these Terms, or any policy or guideline relating to the Services, including, without limitation, the Privacy Notice at any time and in its sole discretion, including terminating the Reward Program which may result in expiration of any Points accumulated. From time to time, you should review the Terms and any changes in policies, guidelines, and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. We offer our Services only in accordance with our Terms. If you do not agree to any Terms at any time, you must immediately stop using the Services, and any balance of Points in your account will expire according to Section 4. Account Inactivity. If you have any questions about the Terms, please submit a request at https://mistplay-iphone.zendesk.com/hc/en-us/requests/new. Any changes or modifications to our Terms will be effective immediately upon posting the Terms here. Your continued use of the Services after such time will constitute your acceptance of such changes or modifications.

If you have any questions regarding these Terms or your use of the Services, please submit a support request here.

Canada-Specific Addendum

1. Scope

This Addendum only applies to you if you are a resident of Canada. It forms an integral part of the Terms and its provisions take precedence over any other conflicting provision of the Terms.

2. Rewards

Applies only to residents of the Province of Quebec and Ontario only. Points will expire if your account is an Inactive Account for 1 year or more. In such a case, we will notify you that the inactivity will result in the expiry of the Points on a date specified in the notice. The notice will be issued at least 30 days, but not more than 60 days before the date on which the Points are set to expire. For Canadian residents outside of the Province of Quebec, Points will expire after your Account is an Inactive Account for a period of 180 days or more.

3. Changes to the Agreement

In addition to what is prescribed in the body of the Terms, if you are a resident of the Province of Québec and we wish to amend material provisions of the Terms without your consent, we will send you a written notice detailing the changes to be made to the Rewards Program. This notice will be sent by email or be provided by notification within the Services no more than 90 days after and at least sixty (60) days before the amendment's effective date. Where required, it will itemize the material change(s). If you object to any amendments to the Terms, you may exchange your existing Units balance for Rewards and close your account. If you continue to receive and engage with the Services after sixty (60) days from your receipt of notice regarding the changes, you are deemed to have accepted the changes to the Terms.

4. Processing of Personal Data and Use of Cookie

By accessing the Services and agreeing to these Terms, you acknowledge that Mistplay will collect, track, and process your personal information in accordance with its Privacy Notice and Cookie Notice, which may be updated from time to time.

5. Notices

We may provide you the notices referred to in this Addendum through any means of communication for which we have your information, including by email, in-app pop up, or push notifications.

6. Governing Law and Jurisdiction

6.1

To the fullest extent permitted by applicable law, these Terms and any dispute or claim you have against Mistplay shall be exclusively governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. In such a case, you agree to submit to the jurisdiction of the courts located in Toronto, Ontario for the resolution of and all claims or disputes you may have against Mistplay.

6.2

Notwithstanding the foregoing, if you are a resident of the Province of Quebec, any disputes or claims you have against Mistplay shall be exclusively governed by the laws of the Province of Quebec and the applicable federal laws of Canada. In such a case, the courts of the Province of Quebec shall have jurisdiction over the resolution of any claims or disputes you may have against Mistplay.

7. Language / Langue

Applicable only if you reside in the Province of Quebec: You acknowledge having been offered the choice to enter into these Terms in English and in French and having expressly requested to enter into these Terms in English only, after being provided with the French version. Therefore, the parties hereby consent to these Terms being drawn up exclusively in English and to have all related documents be drawn up in English only. Vous reconnaissez vous être fait offrir le choix de conclure ce contrat en anglais et en français et avoir expressément demandé de le conclure uniquement en anglais, après avoir reçu la version française. Par conséquent, les parties conviennent que ce contrat soit rédigé exclusivement en anglais et que tous les documents qui s'y rattachent soient uniquement en anglais.