Terms of Service

Effective date: Jul 7, 2024

These Terms of Service ("Terms") govern your access to and use of the services, including the websites and mobile applications (collectively, the "Service") provided by LottoBalls ("LottoBalls" or "our" or "us" or "we"), and any content, information, or other material (collectively, "User Content") that you post to the Service. Please read these Terms and our Privacy Policy carefully. If you do not agree to any of these Terms, please do not use the Service.

Basic Terms

LottoBalls application is available free of charge and there are no payments related to the use of the service.

Your use of LottoBalls may allow you to earn coins ("Coins") in various ways, including daily login, winning the daily lottery and sharing the application with friends.

If you are selected to convert Coins into cash prizes, such prizes may be paid out to you by LottoBalls (or a third party payment processor on our behalf). LottoBalls may, in its sole discretion, for any reason whatsoever, reject, cancel or terminate such payment, as applicable. LottoBalls is not responsible for reporting or paying any applicable taxes or processing fees in respect of any Coins converted to cash prize. You are responsible for and agree to promptly pay all charges, including applicable taxes and processing fees in respect of any Tickets you get to convert to cash. Personal information that you submit is subject to our privacy statement.

Your access to and use of the Service is conditioned on your acceptance of these Terms. When you access or use the Service, you represent and warrant that you have read and understood these Terms and our Privacy Policy, and acknowledge that they are a binding legal agreement between you and LottoBalls. These Terms govern your non-commercial use of the Service, because the Terms expressly prohibit commercial use. If you want to inquire about commercial use of the Service, please contact us at contact@lottoballs.app.

The Service is intended solely for persons who are 18 or older. If you are not 18 or older, do not use the Service.

We reserve the right to modify, suspend, or terminate the Service or your access to the Service at any time, for any reason, and without notice or liability to you. We reserve the right to refuse access to the Service to anyone for any reason at any time. We shall not be liable to you or any third party should we exercise such right, in whole or in part.

You understand and acknowledge that the Service is provided "as is". We assume no responsibility for the creation, delivery, or deletion of User Content, or for the failure to store any User Content or settings on the Service. You understand and acknowledge that temporary interruptions of the Service may occur. You also understand and acknowledge that we have no control over third party services accessible through our Service and therefore, we cannot control disruptions on, interactions with, or the performance of these other services.

Modification to Terms

We reserve the right to modify these Terms at any time. The date of last modification preceded these Terms. When we make modifications that we consider material, we may attempt to notify you through the Service; however, you should periodically review the most up-to-date version of the Terms. Modifications are effective when posted, and your use of the Service after the effective date constitutes your acceptance of the Terms as modified.

Privacy

Your privacy is very important to us. It is important for you to understand how we collect and use personal information. Your privacy rights are set forth in our Privacy Policy and incorporated in these Terms by reference. Through your use of the Service, you are consenting to the collection and use of this information as set forth in the Privacy Policy.

We reserve the right, as we reasonably believe is necessary, to access, preserve, and disclose any information to satisfy any applicable law, legal process, or governmental request, enforce these Terms and investigate potential violations, detect, prevent, or otherwise address potential fraud, security, or technical issues, respond to user support requests, or protect the rights, property, or safety of LottoBalls, its users and the public. LottoBalls does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

Use of the Service

You are required to register to use the Service. Full access to the Service is only available to registered users. You can register an account with LottoBalls using your phone number, Google or Apple account;

LottoBalls gives you a personal, non-commercial, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software that is provided to you by LottoBalls as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Service as provided by LottoBalls, in the manner permitted by these Terms.

You are responsible for safeguarding your password or access to the Service. You are also responsible for all activity that occurs under your LottoBalls account, whether or not such activity was authorized by you. LottoBalls will not be liable for any loss or damage arising from your failure to safeguard your password or from allowing others to use your LottoBalls account.

Notwithstanding any other rights of LottoBalls set forth herein, in appropriate circumstances we may disallow, reassign, or remove certain usernames or terminate your account, with or without prior notice, if activity on your account constitutes a violation of either these Terms or any applicable laws or regulations, or constitutes an infringement or violation of the rights of any third party.

When you install LottoBalls app from a third party app store, your use of such LottoBalls app may be governed by usage rules established by the app store provider which relate to your usage of LottoBalls app in addition to these Terms of Use. You represent and warrant that you are not prohibited and by any applicable laws or Usage Rules from downloading and using LottoBalls app.

Content on the Service

The Service allows you to play our lottery for free, collect Coins and enter these into daily lottery draws (i.e., User Content). We reserve the right at all times (but will not have an obligation) to remove any User Content on the Service.

You are responsible for any User Content you publicly post or privately transmit on the Service and for any consequences thereof. All User Content is the sole responsibility of the User who originated such User Content. Keep in mind that the User Content you post may be available to all other users of the Service and through third party services and websites. You should only post User Content that you are comfortable sharing with others under these Terms and our Privacy Policy.

LottoBalls Rights

All right, title, and interest in and to the Service are and will remain the exclusive property of LottoBalls. The Service is protected by copyright, trademark, and other applicable laws of Austria as well as foreign countries. LottoBalls reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

Restrictions on Content and Use of the Service

To ensure that we provide the best service to all of our Users, you agree to use the Service in a manner consistent with the following restrictions.

You may not post User Content that:

• Violates any rights of a third party, such as copyright, trademark, privacy, and publicity rights
• Contains sexually explicit or pornographic content
• Contains content that is abusive, defamatory, derogatory, discriminatory, or harassing, or that incites hatred against any individual or group
• Contains a direct and specific threat of violence to others
• Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others
• Exploits minors
• Depicts unlawful acts, extreme or real-life violence, or self-harm
• Depicts cruelty towards animals
• Constitutes spam or an abuse of social media tags
• Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures
• Violates any law or is otherwise in furtherance of an illegal activity

You may not engage in the following prohibited activities while accessing or using the Service:

• Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers
• Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures
• Access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by LottoBalls
• Scrape the Service, or scrape User Content from the Service, without the express prior consent of LottoBalls
• Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive, or false source-identifying information
• Interfere with or disrupt (or attempt to interfere with or disrupt) access to the Service of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Service
• Using Virtual Private Networks (VPNs) or any other means to disguise or alter their location or IP address for the purpose of fraudulently obtaining higher rewards or referral bonuses.
• Creating and using more than one account by a single user.
• Connecting multiple game accounts to a single PayPal account.

We reserve the right to enforce, or not enforce, these restrictions in our sole discretion, and these restrictions do not create a duty or contractual obligation for us to act in any particular manner.

Term and Termination

The Terms will continue to apply until terminated by either you or LottoBalls as set forth below. You may end your agreement with LottoBalls at any time for any reason by discontinuing your use of the Service.

LottoBalls may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Service, suspend or terminate your access to or cease providing you with all or part of the Service at any time for any reason. Including:

• changing the availability of, restricting access to, or imposing limited on any or all features or services on, or link to, this Service;
• removing, adding, modifying or otherwise changing fees or charges arising out of use of this Service or any features of this Service; and
• removing, adding, modifying or otherwise changing any Content of this Service.

We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice, but confirm that we have no duty to do so.

Disclaimer of Warranties

We endeavor to provide the best service we can, but your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an "as is" and "as available" basis, without express or implied warranty or condition of any kind.

TO THE EXTENT PERMITTED BY LAW, LottoBalls DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LottoBalls makes no representations or warranties of any kind with respect to the Service, and disclaims all responsibility and liability arising out of or in any way connected with the following:

• Completeness, accuracy, availability, timeliness, security or reliability of the Service or any User Content
• Any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any User Content
• Deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service
• Whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis

The Services may contain links to third-party websites or resources. LottoBalls has not reviewed all of the links and you acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services displayed on or available from such websites or resources.

No advice or information, whether oral or written, obtained from LottoBalls or through the Service, will create any warranty not expressly made herein.

Limitations of Liability

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

• Your access to or use of, or inability to access or use, the service;
• Any conduct or user content or any third party on the service, including without limitation, any defamatory, offensive, or illegal conduct or other users or third parties;
• Any content obtained from the service; or
• Unauthorized access, use, or alteration of your user content.

The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and whether or not LottoBalls has been informed or the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Indemnification

You agree to indemnify and hold the LottoBalls Representatives harmless, including suppliers and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your use or misuse of the Service or anyone using LottoBalls through your account, or any alleged violation by you, or anyone using LottoBalls through your LottoBalls Account, of these Terms of Use, including, without limitation, the Code of Conduct or any use of the Content other than as expressly authorized in these Terms of Use.

In particular, you agree to indemnify LottoBalls Representatives, suppliers and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any information you obtain through the Service.

Applicable Law and Jurisdiction

These Terms and all matters relating to it shall be governed by, and construed in accordance with the laws of Austria. Any action or proceeding arising out of or relating to this Contract or the Services shall be brought and maintained exclusively by the Austrian courts.

Entire Agreement

These Terms, including our Privacy Policy are the entire and exclusive agreement between LottoBalls and you regarding the Service, and these Terms supersede and replace any prior agreements between LottoBalls and you regarding the Service.

Waiver and Severability

The failure of LottoBalls to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.