Terms of Service

1. Introduction and Acceptance of Terms

Welcome to PAN-ASIA INNOVATIONS LIMITED ("Company", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our website located at www.panasiainnovations.com (the "Site") and our game publishing, promotion, and technical support services (collectively, the "Services").

By accessing or using our Services, you ("User", "Developer", or "Client") agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services. These Terms constitute a legally binding agreement between you and PAN-ASIA INNOVATIONS LIMITED, a company incorporated under the laws of the Hong Kong Special Administrative Region.

2. Definitions

• "Content" means text, graphics, images, music, software, audio, video, information or other materials.
• "User Content" means Content that a user posts, uploads, publishes, submits, or transmits to be made available through the Services, including game binaries, assets, and marketing materials.
• "Company Content" means Content that PAN-ASIA INNOVATIONS LIMITED makes available through the Services, including any Content licensed from a third party, but excluding User Content.
• "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

3. Services Provided

3.1 Game Publishing and Promotion

The Company provides services related to the publishing, marketing, user acquisition ("UA"), and monetization of mobile and PC games. Specific deliverables, performance targets (e.g., ROAS, CPI), and revenue-sharing arrangements shall be defined in separate Service Agreements or Insertion Orders signed by both parties.

3.2 Technical Support

We provide technical consultation for SDK integration, performance optimization, and compliance with app store guidelines. While we strive to provide accurate and effective technical advice, the final implementation and the stability of the User’s software remain the sole responsibility of the User.

4. User Accounts and Security

To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities. You will immediately notify the Company of any unauthorized use of your account.

5. User Obligations and Conduct

You agree that you will not engage in any of the following activities in connection with your use of the Services:

• Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
• Use, display, mirror or frame the Services, or any individual element within the Services, the Company's name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the Company's express written consent.
• Access, tamper with, or use non-public areas of the Services, the Company's computer systems, or the technical delivery systems of the Company's providers.
• Attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures.
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Company or any of the Company's providers or any other third party (including another user) to protect the Services or Content.

6. Intellectual Property Rights

6.1 Company Ownership

The Services and Company Content are protected by copyright, trademark, and other laws of Hong Kong and foreign countries. Except as expressly provided in these Terms, the Company and its licensors exclusively own all right, title and interest in and to the Services and Company Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Company Content.

6.2 License to User Content

By making any User Content available through the Services, you grant to the Company a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services to you and to other users.

You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms; and (ii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by the Company on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

7. Fees and Payment

Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the pricing and payment terms as we may update them from time to time. The Company may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. In the event of a revenue-share agreement, terms will be strictly governed by the specific Publishing Agreement executed between the Company and the Developer.

8. Confidentiality

The parties agree that during the term of this Agreement and for a period of two (2) years thereafter, each party will hold in strict confidence any proprietary or confidential information ("Confidential Information") of the other party. Confidential Information includes, but is not limited to, game concepts, source code, financial data, marketing strategies, and user data. Neither party will use the other party's Confidential Information for any purpose other than to perform its obligations under these Terms.

9. Warranties and Disclaimers

THE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

The Company makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Company makes no warranty regarding the quality of any products, services or Content purchased or obtained through the Services or the accuracy, timeliness, truthfulness, completeness or reliability of any Content obtained through the Services.

10. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT REMAINS WITH YOU. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL THE COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE SERVICES OR CONTENT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED HONG KONG DOLLARS (HKD 100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE.

11. Indemnification

You agree to defend, indemnify, and hold the Company, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of the Services or Content; (ii) your violation of these Terms; or (iii) your User Content.

12. Termination

If you breach any of these Terms, the Company will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. The Company reserves the right to revoke your access to and use of the Services and Content at any time, with or without cause.

13. Governing Law and Dispute Resolution

These Terms and any action related thereto will be governed by the laws of the Hong Kong Special Administrative Region without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the courts located in Hong Kong, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

14. General Provisions

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without the Company's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The Company may assign or transfer these Terms, at its sole discretion, without restriction.

Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Waiver: The failure of the Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

15. Contact Information

If you have any questions about these Terms or the Services, please contact PAN-ASIA INNOVATIONS LIMITED at:

Email: [email protected]
Address: UNIT A7, 12/F, ASTORIA BUILDING, 34 ASHLEY ROAD, TSIM SHA TSUI, KLN, HONG KONG