KarmaWhale – Terms of Service

Welcome to KarmaWhale. These Terms of Service (“Agreement” or “Terms”) govern your access to and use of the products and services offered by Darkfield Software LLC in partnership with Hang My Ads, Lda (“KarmaWhale,” “we,” “us,” or “our”), including our websites, mobile applications, progressive web applications, content, features, digital events, referral programs, promotions, or any other products or services we create or operate (collectively, the “Services”).

If you are a resident of Canada, the European Union, the United Kingdom, or the Republic of Korea, additional terms may apply to you as described in the relevant Local Addendum. Unless otherwise stated in Service-Specific Terms or a Local Addendum, these Terms apply to all KarmaWhale Services. If a Local Addendum applies to you, it controls over these Terms in the event of conflict.

Summary of Key Terms

• You must be at least 18 years old to use the Services. Minors under 18 are not permitted.
• If you are domiciled in or use the Services in the United States, you agree to a binding arbitration agreement and a class action waiver. Arbitration will occur in New York, New York, unless mutually agreed otherwise.
• KarmaWhale collects Gameplay Data to operate the Services, personalize content, detect fraud, and calculate rewards. If you disable data collection, you may be unable to earn or redeem WF.
• Sweepstakes and promotions have their own terms.
• KarmaWhale operates a Rewards Program, offering loyalty points (WF) redeemable for rewards. You may redeem up to $550 USD (or equivalent) per calendar year.
• WF may expire after 180 days of inactivity (subject to notice and applicable law).
• We use anti-fraud measures and may restrict accounts using prohibited tools or engaging in suspicious activity.

1. Eligibility

1.1. Term of Agreement

This Agreement remains in effect while you use the Services and/or maintain a KarmaWhale account, unless terminated as outlined in these Terms.

1.2. Account Requirements

To access the Services, you must create an account by providing:

• A valid email address, mobile phone number, or third-party login credentials (e.g., Google, Facebook, LINE).
• Agreement to these Terms and acknowledgment of the Privacy Notice.

By creating an account, you represent and warrant that:

1. All information you provide is truthful, accurate, and complete.
2. You have legal capacity to agree to these Terms.
3. You are at least 18 years old.
4. You are a human user and not accessing the Services to commit fraud.
5. The Services are available in your country and your use does not violate applicable law.

1.3. Access to Terms

These Terms are available on the KarmaWhale website and within our applications. You may download or print a copy after accepting them.

2. Availability of Services

2.1. Service Changes

KarmaWhale may add, remove, or modify features at any time. New features fall under these Terms automatically.

2.2. No Guarantee of Availability

Service availability may vary due to technical, regulatory, or other restrictions. Features may differ by user and location.

2.3. Location Integrity

You may not use VPNs or other methods to obscure your location. We may use verification technologies to enforce geographic restrictions and prevent fraud.

2.4. Sanction Compliance

You may not use the Services if you:

• Are located in a U.S.-embargoed or similarly sanctioned country, or
• Appear on any governmental sanctions list.

Violations may lead to account termination and forfeiture of WFs. You may be liable for costs or fines incurred by KarmaWhale due to your non-compliance.

2.5. Force Majeure

We are not liable for service delays or failures due to events beyond our reasonable control (e.g., natural disasters, war, pandemics).

2.6. Service Modification

We may withdraw, update, or amend Services at any time. Access may be restricted or terminated for any user. Content may become outdated, and we are under no obligation to update it.

3. Changes to the Agreement

We may update these Terms at any time. Material changes required by law will be communicated in advance unless updates relate to:

• New products or features, or
• Urgent situations (e.g., abuse prevention or legal compliance).

Continued use of the Services constitutes acceptance. If you do not agree to updated Terms, discontinue use and delete the app.

4. Use of the Services

4.1. Restrictions

Without express authorization, you may not:

• Copy, modify, or distribute any part of the Services;
• Reverse engineer any part of the Services;
• Use modified or unauthorized versions;
• Remove copyright or identification notices.

4.2. Game Partners

KarmaWhale promotes games developed by third-party Game Partners. We are not responsible for external game content or functionality.

4.3. Independent Terms

Your use of Game Partner apps is governed solely by the applicable publisher’s terms and privacy policies.

4.4. Liability for Third-Party Content

KarmaWhale disclaims any damages arising from your use of third-party games.

4.5. Feedback License

Any feedback you provide may be used by KarmaWhale without restriction or compensation.

4.6. Community Features

You must follow Community Guidelines when using features such as referral tools. KarmaWhale may remove content that is offensive or unlawful.

5. Rewards

You may earn WFs through gameplay, purchases, surveys, tutorials, referrals, and other in-app activities. WFs can be redeemed for rewards in the Shop.

5.1 Earning WFs

KarmaWhale Users earn “WFs” for activities such as playing games via KarmaWhale, reaching gameplay milestones, completing tasks (e.g., surveys, tutorials, or referrals), making in-game purchases, and participating in virtual events. Some WFs may be granted when you first access the Services and later through features, events, or promotions. WFs can be redeemed for Rewards. Your ability to earn WFs depends on KarmaWhale receiving Gameplay Data from Game Partners and device permissions.

5.2 In-game Purchases

You may earn WFs for in-game purchases in eligible games, listed in the KarmaWhale app. Limits may apply per game and per user. Delays may occur between your purchase and KarmaWhale receiving Gameplay Data, so WFs may show as “pending” for several days. Contact support if WFs do not appear within 14 days.

5.3 Variability of Rewards

The amount of WFs earned may vary between Users, even for identical actions, based on factors such as AI-driven recommendations, loyalty tiers, in-game activity, and device/game preferences. Game availability and recommendations may also vary per User.

5.4 Redeeming Rewards

WFs can be redeemed in the Rewards section, which may include gift cards, prepaid cards or donations (“Rewards”). Values apply pre-tax and you are responsible for any applicable taxes or fees. Rewards availability may vary by region.

5.5 Earning Restrictions

Earning WFs is subject to: participation eligibility, task frequency, limits per activity, available promotions, WFs required for redemption, and receipt of Gameplay Data from Game Partners. Details are available in the FAQs or promotional rules.

5.6 WFs Are Not Cash

WFs have no cash value and cannot be sold, exchanged, or refunded, except where required by law. WFs may expire if unused for 180 days, with up to 30 days’ notice where required. Total redemptions are limited to $550 USD (or local equivalent) per year.

5.7 Redemption Process

To redeem WFs, visit the Rewards section. KarmaWhale is not involved in legal or financial transactions between Users and Game Partners or third parties.

5.8 Third-Party Limitations

KarmaWhale is not responsible for third-party fulfillment, game content, in-game purchases, or gift card issues, except where caused by KarmaWhale’s gross negligence or willful misconduct. Check third-party terms and policies for usage and limitations.

5.9 Non-Transferability

WFs cannot be combined with other programs or transferred between accounts or platforms (e.g., Android, iOS, PWA, LoyaltyHub).

5.10 Program Changes

KarmaWhale may modify, suspend, or cancel the Rewards Program or Services at any time and run tests to adjust reward structures, WFs, promotions, or Rewards. Additional rules may apply to specific programs or promotions.

6. Promotions and Sweepstakes

Promotions—including sweepstakes, tournaments, and referral programs—may be offered periodically and are governed by separate Promotion Terms. Only jurisdictions permitting such promotions are eligible.

7. Personal Data and Cookies

KarmaWhale processes personal data as detailed in the Privacy Notice and uses cookies as described in the Cookie Notice. Verification (including geolocation or video selfie) may be required to prevent fraud.

8. Rules of Conduct

Users must follow all applicable laws and must not:

• Create multiple accounts, sell accounts, or share accounts;
• Use VPNs, proxies, bots, emulators, autoclickers, or rooted devices;
• Engage in fraudulent gameplay or transactions;
• Use disposable email tools;
• Access the Services from sanctioned regions;
• Impersonate others or use offensive usernames;
• Interfere with others’ use of the Services;
• Use the Services if under 18.

Violations may lead to account suspension, WFs removal, or permanent bans.

9. Suspension and Termination

You may stop using the Services at any time by uninstalling or discontinuing use.

KarmaWhale may suspend or terminate accounts due to:

• Legal requirements;
• Safety or liability concerns;
• Violations of these Terms;
• Shutdown of the Services.

Inactive accounts (12 months of no activity) may be terminated. All unredeemed WFs expire upon closure unless required otherwise by applicable law.

10. Intellectual Property

All content within the Services—including text, images, software, trademarks, and design—is owned by KarmaWhale or its licensors and protected under intellectual property laws. Users may not reproduce or exploit Service content without permission.

11. Warranty Disclaimer, Limitation of Liability, Indemnity

The Services are provided “as is” and “as available”, without warranties of any kind, express or implied. KarmaWhale disclaims all liability to the fullest extent permitted by law.

EU & UK Addendum

1. Updates

KarmaWhale can update these Terms. Material changes get at least 30 days’ notice where required. Continued use means you accept the changes. Rewards Program rules and promotions may change, and notice will be given when required.

2. Account Suspension & Termination

You can stop using the Service anytime. KarmaWhale can suspend or terminate accounts for breaches, fraud, or safety issues, with notice where possible. Upon termination, access and WFs are lost unless law requires otherwise. Appeals can be made within six months.

3. Liability

KarmaWhale is liable as required by EU/UK law for fraud, intent, or gross negligence. For ordinary negligence, liability is limited to essential obligations and foreseeable damages.

4. Content & Moderation

Content recommendations are algorithm-based. Illegal content can be reported via support or in-app. KarmaWhale may remove content or take action; appeals are possible within six months.

5. Law & Disputes

Claims may be brought in your country. EU users can use the Online Dispute Resolution portal.

Canada Addendum

Applies to Canadian users. WFs expire after inactivity (Quebec/Ontario: 1 year; others: 180 days). Quebec residents get 60–90 days’ notice for material changes and can redeem WFs or close accounts. Use of Services means you accept data processing. Ontario law/courts for Ontario residents; Quebec law/courts for Quebec. Quebec users may choose English after being offered French.

South Korea Addendum

Material changes require 30 days’ notice. KarmaWhale may suspend or terminate accounts for violations or 12 months of inactivity. Liability only applies to intentional or wrongful acts. South Korean law applies.