Last updated 10-16-2021

These Terms of Service (“Terms”) apply to your access and use of the Dracoverse Service. The “Dracoverse Service” includes our mobile app(s), smart watch app(s), application(s), software, website(s), API(s), SDK(s), product(s), and service(s).

If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Dracoverse Service. By accessing and using the Dracoverse Service, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Dracoverse Service.

These Terms are an agreement between you and Singulatium LLC, 300 E. Oakland Park Blvd #503 Wilton Manors, FL, 33334 USA. When the Terms mention “Dracoverse,” “Dracoverse Service,” “we,” “us,” or “our,” “Operator,” they refer to the party to your agreement that provides you with the Dracoverse Service.

You must accept these Terms to create a Dracoverse account and to access or use the Dracoverse Service. If you do not have an account, you accept these Terms by using any part of the Dracoverse Service. If you do not accept these terms, do not create an account or use the Dracoverse Service.

Accounts and membership
You must be at least 13 years of age to use the Dracoverse Service, If you are under the minimum age, your parents or legal guardian has to consent in accordance with applicable law. By using the Dracoverse Service and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account in the Dracoverse Service, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration. You cannot access or use the Dracoverse Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the Dracoverse Service.

Privacy Policy
For more information about our data collection, please read our Privacy Policy. By accessing or using the Dracoverse Service, you agree that we can collect and use your information in accordance with the Privacy Policy

Account creation
Full use of the Dracoverse Service requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. Dracoverse is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact Customer Support if you discover or suspect any security breach related to the Dracoverse Service or your account.

Dracoverse Service Requirements
The Dracoverse Service is dependent upon your use of a mobile device with adequate software and Internet access. The maintenance and security of this equipment may influence the performance of the Dracoverse Service and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

User Content
The Dracoverse Service may provide you the ability to post, upload, store, share, send, publish and or display photos, images, video, data, text, music, GPS locations, health data like heart rate, calories burned (but not limited to), exercise data, events, and other information and content (“Your Content”) to and via the Dracoverse Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content.
By making Your Content available on or through the Dracoverse Service you hereby grant to Dracoverse a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. We may, but have no obligation to, monitor and review the Content in the Dracoverse Service submitted by you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. The rights you grant us in this User Content section are only for the purpose of offering and improving the Dracoverse Service.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.
You represent and warrant that Your Content, the use and provision of Your Content on the Dracoverse Service, and your use of the Dracoverse Service will not (1) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (2) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (3) be fraudulent, false, misleading, or deceptive; (4) be defamatory, obscene, pornographic, vulgar, or offensive; (5) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (6) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (7) promote illegal or harmful activities or substances. We reserve the right to terminate your account, access to the Dracoverse Service for violating any of the terms in User Content section.

Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Dracoverse Service or Content: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (6) to submit false or misleading information; (7) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Dracoverse Service, third party products and services, or the Internet; (8) to spam, phish, pharm, pretext, spider, crawl, or scrape; (9) for any obscene or immoral purpose; or (10) to interfere with or circumvent the security features of the Dracoverse Service, third party products and services, or the Internet; (11) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (12) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (13) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (14) use the Dracoverse Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Dracoverse Service, or which may expose us or our users to any harm or liability of any type. We reserve the right to terminate your account, access to the Dracoverse Service for violating any of the prohibited uses.

Dracoverse Rights
“Dracoverse Content” includes any photos, images, video, data, text, music, gps locations, health data like heart rate, calories burned (but not limited to), exercise data, events, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Dracoverse Service. Dracoverse Content, the Dracoverse Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Dracoverse Service. Our logos and any other Dracoverse trademarks that may appear on the Dracoverse Service, and the overall look and feel of the Dracoverse Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Dracoverse Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

We are not responsible for the Content residing in the Application. In no event shall we be held liable for any loss of any Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Links to other resources
Although the Dracoverse Service may link to other resources (such as websites, Applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Application. Your linking to any other off-site resources is at your own risk.

Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Dracoverse Service, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Dracoverse Service may be the trademarks of other third parties. Your use of the Dracoverse Service grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.

Limitation of liability
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Dracoverse Service or any willful misconduct on your part.

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Florida, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Florida, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Dracoverse Service License
The Dracoverse Service is intended for your team, personal, noncommercial use.
Dracoverse grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Dracoverse Service, (2) access and view the Dracoverse Content, (3) access and use the software and mobile applications provided by the Dracoverse Service. With respect to item (3), this license includes any third-party software embedded in any Dracoverse Service. This license is provided solely for your team, personal, noncommercial use and enjoyment of the Dracoverse Service as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Dracoverse Content, Dracoverse Service or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Dracoverse or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Dracoverse Service: (1) use, display, mirror, or frame the Dracoverse Service or any individual element within the Dracoverse Service, including the layout and design of any page, without Dracoverse’s express written consent; (2) use Dracoverse’s name, any Dracoverse trademark or logo, or any Dracoverse proprietary information without Dracoverse’s express written consent; (3) access or tamper with non-public areas of the Dracoverse Service, Dracoverse’s computer systems, or the technical delivery systems of Dracoverse’s providers; (4) test the vulnerability of any Dracoverse system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Dracoverse or any of Dracoverse’s providers or any other third party (including another user) to protect the Dracoverse Service; (6) access the Dracoverse Service or Dracoverse Content through the use of any mechanism other than through the use of an Authorized Connection, Dracoverse Service, or Dracoverse API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Dracoverse provides to you or any other part of the Dracoverse Service.

You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink, sharable social content (screenshot, video recording of the Dracoverse Service) to the Dracoverse Service for noncommercial purposes, provided that such content does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the content does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Dracoverse’s sole discretion.

Our enforcement rights
We reserve the right (but are not required) to remove or disable access to the Dracoverse Service, any Dracoverse Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Dracoverse Content, Your Content, or your use of the Dracoverse Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Dracoverse Service, and in response may take any action we may deem appropriate.
Use the Dracoverse Service at your own risk
If you rely on any Dracoverse Content or the Dracoverse Service, you do so solely at your own risk.
Our goal is to provide helpful and accurate information on the Dracoverse Service, but we make no endorsement, representation, or warranty of any kind about any Dracoverse Content, information, or services. The accuracy of the data collected and presented through the Dracoverse Service is not intended to match that of health devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Dracoverse Service. Dracoverse Content and the Dracoverse Service may change from time to time or vary by geographic location. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete.
Use of the Dracoverse Service should not replace your good judgment and common sense.

Feedback and Submission Policy
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Dracoverse, or obtained from sources other than you.

Contest and Giveaways
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by Dracoverse or its partners. It is your responsibility to carefully review those terms and conditions.

Alerts and Notifications
As part of your use of the Dracoverse Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Dracoverse Service by using your profile settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

Third Party Services and Integrations
The Dracoverse Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under Dracoverse’s control. This may include the opportunity for you to link your Dracoverse account, Dracoverse data, or the Dracoverse Service with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Dracoverse Service, such as third party applications accessed on Dracoverse Service, are not part of the Dracoverse Service and are not controlled by Dracoverse, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the Dracoverse Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

Changes to the Dracoverse Service
Dracoverse may change or discontinue, temporarily or permanently, any feature, component, or content of the Dracoverse Service at any time without notice. Dracoverse is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Dracoverse Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Dracoverse products without prior notice to you.

We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Dracoverse Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting us.

Account deletion
You may choose to delete your account at any point by submitting a request via email at support@dracoverse.com. It may take up to 30 days for us to process your request. In the event you choose to delete your account, we may request additional information about your account to confirm identity and verify you are the owner of an account.

THE DRACOVERSE SERVICE AND DRACOVERSE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE DRACOVERSE SERVICE, INCLUDING 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. We make no warranty that the Dracoverse Service or Dracoverse Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Dracoverse Service or any Dracoverse Content.

Additional Terms may apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

Contact Us
You may contact us at support@dracoverse.com or at our mailing address below.

Singulatium LLC
300 E. Oakland Park Blvd #503 Wilton Manors
Florida, 33334
United States of America.