Welcome to 【Battle Through the Heavens】!

This Terms of Service (hereinafter referred to as this “Agreement”) is a binding legal agreement between you and 【Cloudary Singapore Private Limited】(“we”, “us” or “our”), the provider of our games and services for the website, mobile or any other applicable platforms and/or devices (collectively, the “Services”). This Agreement sets forth the terms and conditions under which you may access and use the Services. We hereby remind you to read this Agreement carefully and fully understand the terms and conditions contained herein.

by registering for an account with us (“account”), accessing or using the services in any way, you affirm that you are authorized and capble to accept this agreement. by accepting this agreement, you acknowledge that you have read, understood and agreed to be bound by this agreement. if you do not agree to this agreement, please do not access or use the services in any way.

If you have any questions or comments regarding this Agreement, please contact us at:

【support@btthgame.com】

We will be happy to answer any questions you may have.

arbitration notice: these terms contain an arbitration clause and a waiver of any right to bring a class action against us. except for certain types of disputes specified in that arbitration clause, you agree that any disputes between you and us will be resolved by a mandatory binding arbitration, and you waive any right to participate in a class-action lawsuit or class-wide arbitration.

I. ELIGIBILITY AND PROTECTION OF MINORS

Our Services are not directed to children under the age of【13】 (or such other age as may be required by local law). By accessing and using the Services, you represent that you are not considered a child in your jurisdiction, and that you are legally and financially responsible for all actions using or accessing the Services.

If you are not a child but under the age of 18 or under the age of majority in your jurisdiction (a “Minor”), you represent that you have reviewed this Agreement with your parent or legal guardian and that you and your parent or guardian understand and consent to this Agreement. If you are a parent or guardian permitting a Minor to use the Services, you agree to: (i) supervise the Minor’s use of the Services; (ii) assume all risks associated with the Minor’s use of the Services, including the transmission of content to and from third parties via the Internet; (iii) assume any liability resulting from the Minor’s use of the Services; (iv) ensure the accuracy and truthfulness of all information provided by the Minor; and (v) assume responsibility for and be bound by this Agreement for the Minor’s access to and use of the Services.

II. CHANGES TO THIS AGREEMENT

In order to improve your user experience or enhance product safety performance, we may modify the Services from time to time. We reserve the right to change this Agreement as necessary to comply with applicable laws and regulations. The updated Agreement will be posted on our website. We may also provide additional notices, such as messages within our Services, of any material changes to the terms of this Agreement. You agree to review these terms regularly before accessing or using the Services. If you object to any changes, please stop using the Services or close your account (Please refer to 3. Your Account for details regarding account closure). Your continued access to or use of the Services shall be deemed your review of and acceptance to be bound by the updated Agreement.

III. YOUR ACCOUNT

3.1 The Account. You may be required to create an account or login with third-party accounts to access or use the Services and to provide us with accurate and up-to- date information. If the account information you provide is untrue, inaccurate, misleading or outdated, we have the right to suspend or terminate your access to your user ID. Your account is limited to your access to and use of the Services only, and you shall not share your account with or transfer your account to anyone else. You may only use one account to log into the Services on one device at a time. You agree that you are solely responsible (to us and to others) for the activities that occur under your account.

3.2 Account Security. It is important that you keep your account password confidential and that you do not disclose it to any third party. You agree to accept all risks of misuse of and unauthorized access to your account and to hold us and our affiliates harmless from and against any misuse of your account or your user ID, including, but not limited to, improper or unauthorized use by anyone to whom you have disclosed your password. If you know or suspect that a third party knows your password or has accessed your account, you must notify us immediately. We will assist you with your account security but we do not guarantee successful retrieval of your account. In such case, we may suspend or terminate such account or take such other measures as we consider appropriate to assist you with.

3.3 Account Closure.

By Us: We reserve the right to suspend and/or terminate your user account at any time without notice and without liability for any reason, including but not limited to, suspected violation of this Agreement, of the terms of other application stores or platforms (such as Facebook, Google, Apple), illegal or improper use of your account, or illegal or improper use of the Services. We may also freeze or close your inactive account if you have not used your account for over 180 consecutive days.

By you: If you wish to close your account, you may do so by following the instructions in the Services or by contacting us for assistance. Please understand that, for security reasons, your account cannot be closed unless you follow our instructions.

We hereby kindly remind you that, if you choose to close your account, such closure may prevent you from accessing or using the Services, and such closure is irreversible. Once you close your account, you will need to submit your account information to us. The account closure process will automatically begin, subject to a 7-day cooling-off period, during the cooling-off period you will have the opportunity to recall your closure request by sending us an e-mail to 【support@btthgame.com】. If you do not recall your account within the cooling-off period, your account will, upon the expiration of the cooling-off period, automatically be irreversibly, fully and permanently closed, including all items purchased and other associated content under your account. Please make sure that you have properly handled or settled the game revenue under the game account before you close your account. Once you close your account, if there is any game revenue remaining under your account at that time (including the game revenue that was generated during your use of this game and will be generated in the future), we will have the right to liquidate all game revenue under your account, and the consequences will be at your own risk. The aforementioned game revenue includes, but is not limited to: game membership rights and levels; all data related to the growth and upgrade of game characters; unused online game virtual currency and virtual items; value-added services that have been purchased but have not expired or used; other game revenue that has been generated but has not been completely consumed or any future game revenue anticipated therein. If you sign in to the account through a third-party account (e.g., via 【Facebook, Google ID】), you may need to apply for account closure with such third party.

IV. LICENSE

Subject to the terms and conditions of this Agreement, our Services, games, accounts, Virtual Items (as defined in section 9 below) and all related materials (including without limitation, software, code, information, content, data, text, characters, music, sounds, videos) made available by us or on our behalf and all related copyright and other intellectual property rights in such Services, Games, Virtual Items and materials (collectively, “Content”) are licensed, not sold, to you under these terms and conditions. We grant you a non-exclusive, non-sublicensable, non-transferable, personal, revocable, limited license to access and use the Services. You may install, use, display, and run the Services on your legally owned device for non-commercial purposes. We reserve all rights not expressly granted to you regarding the Services in this Agreement. If you wish to obtain any other rights with respect to the use of the Services, you shall separately obtain a formal written permission from us. If you breach any of these terms, we may immediately terminate or suspend this license.

V. RULES OF CONDUCT AND USAGE

Your access to and use of the Services is subject to this Agreement, the Privacy Policy, other in-game notices and announcements, other applicable rules, and all applicable laws and regulations.

You agree that you will not:

Ÿ Rent, lease, loan, trade, sell/re-sell or otherwise monetize applications, the Services or related data or access to the same, without our consent;

Ÿ Upload, transmit, distribute, store or otherwise make available in any way:

a) any material which is defamatory of any person, obscene, profane, offensive, pornographic, hateful or inflammatory;

b) any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;

c) any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;

d) any material that contains a threat of any kind, including threats of physical violence;

e) any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;

Ÿ Post anything that contains software viruses, worms, or any other harmful code;

Ÿ Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code of the Services or any related technology that is not open source;

Ÿ Infringe any intellectual property rights, including copyrights, patents, trademarks, trade secrets or other proprietary rights;

Ÿ Sell, rent, lease, share or provide access to your account or access or attempt to access the accounts of other users or penetrate or attempt to penetrate any security measures relating to the Services;

Ÿ Violate any laws and regulations, this Agreement, Privacy Policy, other in-game notices and announcements or any additional terms concerning a specific service that are provided when you sign up for or start using such service;

Ÿ Export or re-export the games, the Services and/or other information or materials provided by us hereunder, unless permitted by applicable law and with our written authorization; or

Ÿ Improperly use in-game support or complaint buttons or make false reports to us.

VI. User Generated Content (UGC)

User Generated Content (UGC) means any form of content generated by a user of the Services (including feedback, suggestions, comments, graphics, text, images, video, and any other information) that is communicated, posted, uploaded, or sent by users on or in connection with the Services. Our Services may include social features which permit players to come into contact with and chat with other players. Messages exchanged between players, whether in private in-game messaging or public forums, are included in this definition of UGC.

You confirm that you grant us and our sub-licensees the worldwide, free, permanent, irrevocable, non-exclusive and fully sub-licensable permission, right and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose of, create derivative works from, distribute, perform and publicly display such content (in whole or in part), and/or incorporate such content into existing or future forms of work, media or technology for any purpose, including without limitation making such UGC available to third parties.

In addition, if you participate in a "test period" or a "beta version" game or activities of similar nature, you agree to be bound by the following rules, for example, we may limit the duration of game play and the number of users who have access to the game, and we reserve the right to modify or delete users’ game data. Please read these specific rules carefully, and we sincerely appreciate your participation in our beta version of the game and submission of user content.

VII. INTELLECTUAL PROPERTY; OWNERSHIP

We retain the intellectual property rights in the service materials (including but not limited to, any games, applications, software, titles, computer code, characters, UI interface design, pictures, fonts, audio, objects, buildings and architecture, automobiles, character names, stories, dialogues, catch phrases, locations, game play, rules, effects and methods of operation, graphics, and any related documentation, etc.) (collectively, “Service Materials”) and all rights not expressly granted to you. The above intellectual property rights, including but not limited to copyright, trademark and patent rights, are protected by applicable laws, regulations and relevant international treaties. You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Service Materials, or rights to any derivative works thereof. For matters not expressly authorized in this Agreement, such as commercial sales, reproduction, and permission for any third party to access and use the Services, you should separately obtain formal written permission from us.

VIII. SOFTWARE AND SERVICES PROVIDED BY THIRD PARTIES

In order to facilitate your use of the Services, we may use third-party software or services, and the results of such use and access are provided by the third party (including but not limited to the services and contents provided by the third party that you get access to through this Services, or by said third party through other related platforms). In addition to the terms of this Agreement, you shall comply with the user agreements of the third parties when using software or services provided by such third parties. You shall also agree that, upon your acceptance of the user agreements of the license to any such third-party software or services, we, as a third-party beneficiary, will have the right (and will be deemed to have accepted the right) to enforce such license against you. You acknowledge that we cannot guarantee the security, accuracy or validity of the services and contents provided by third parties, and to the fullest extent permitted by applicable law, you shall solely bear relevant risks and responsibilities arising therefrom.

Whether the third-party software or services are pre-installed in related games or activated or subscribed by yourself, you understand and agree that we disclaim all express or implied warranties with respect to the security, accuracy and validity of the services and contents provided by third parties and other uncertain risks.

Any dispute between you and the above third-party software and services providers shall be settled by you and such third parties, with you taking relevant responsibilities and liabilities, if any.

IX. FEES AND PURCHASE TERMS

You understand and agree that the applications offered to you may be free or paid to download. Whether the application is free or not, you may need to pay us the fees determined according to the payment plan or the purchase amount that you have selected in consideration for the access to and use of certain features or functions of the Services. Our Service may include the opportunity for you to acquire a limited, personal, non-transferable, non-sublicensable, revocable right to use (a) virtual currency; (b) virtual in-game items, content or features; and (c) other goods or services (items (a) – (c) are collectively referred to as "Virtual Items") that may be paid for with “real world” money.

Such Virtual Items have no monetary value (i.e., are not cash or its equivalent), do not constitute currency or property of any type, cannot be sold or transferred to third parties (including other users), cannot be used outside of the Services, and cannot be exchanged for cash or for any other goods or services. We grant you a personal, limited, non- transferable, non-sublicensable, revocable and non-exclusive license to access the selected Virtual Items. You have no property, proprietary, intellectual property, ownership, or monetary interest in promotional or purchased Virtual Items. You may not purchase, sell, barter, or trade any Virtual Item, or offer to purchase, sell, or trade any Virtual Item (including for money or any other consideration or items of value whether inside or outside of the Services). You acknowledge that any such attempted transfer will be null and void.

You are fully responsible and liable for all charges, deposits and withdrawals made under your account, including any unauthorized charges, deposits and withdrawals. You acknowledge and agree that all amounts paid are non- refundable unless we are required to do otherwise in accordance with the applicable laws and regulations. For any purchases of our Services and redemptions of Virtual Items made by you via third-party platforms such as Apple and Google, the refund policy of such third-party platforms will apply to your purchase and you should consult the applicable third-party refund policy.

We reserve the right to change our prices at any time and we will provide notice to you through in-game announcements or messages, at our option. Your continued use of the Service after the price change constitutes your agreement to pay the changed amount. However, no price change will affect your previous purchases.

In addition to this Agreement, your purchase of the Virtual Items will also be subject to the terms and conditions of the applicable platforms and third parties on and through which you make the purchase. Any dispute between you and such third parties shall be resolved by you and such third parties directly, and we have no liability with respect to your purchase not made directly from us and any dispute arising therefrom.

We also reserve the right to display advertisements in the Services to you.

Your use of the Services will consume your device, bandwidth, traffic and other resources. Charges for the above resources such as Internet access fees, SMS fees, and payment for the software's value-added services shall be borne by yourself.

X. PRIVACY POLICY

When you are accessing or using the Services, we may need to collect your personal data in order to provide you with the Services. We pay great attention to the protection of your personal data and have created a Privacy Policy which forms an integral part of this Agreement. The Privacy Policy contains the detailed information about how we collect, use, store, transfer, and disclose your personal data, so please read it carefully. By accessing and using the Services, you agree to be bound by the terms of this Agreement and the Privacy Policy, and we will protect your privacy in accordance with such Privacy Policy and applicable local privacy laws.

XI. TERMINATION AND BREACH OF CONTRACT

We may, in our sole discretion, limit, suspend, and/or terminate your access to and use of the Services, in whole or in part, at any time and for any reason. We have the right to decide whether your conduct complies with the terms of this Agreement. If we believe that you have violated any applicable laws or regulations, or failed to comply with any terms and conditions of this Agreement or any related rules (including but not limited to the Privacy Policy, other in-game notices and announcements), or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations, based on the severity of your violation, we may delete the content in violation, limit, suspend or terminate your accounts or use of the Services without prior notice, and take any other measures that we consider appropriate. You acknowledge that we are not liable for any damage that may result from the foregoing, and we are under no obligation to compensate you for any such losses or results.

Any attempt by you to disrupt or interfere with the services including without limitation undermining or manipulating the legitimate operation of any game we provide is a violation of our policy and may be a violation of criminal and civil laws applicable in your jurisdiction.

If you wish to terminate this Agreement, you can do so at any time by closing your account and ceasing to access or use our Services. Please refer to 3. Your Account for details on account closure.

Once terminated, you may lose your username, password, any Virtual Items which have been purchased but not yet redeemed, and all related information and files associated with your account. We may continue to retain or delete the information generated during your use of the Services according to requirements of applicable laws and regulations. You agree that, to the fullest extent permitted by applicable law, we shall not be liable to you for any such retention or deletion.

XII. INDEMNIFICATION

You will indemnify, release and hold harmless us, our licensors, agents, and all foregoing parties’ senior managements, directors, employees from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, “Claims”) arising out of (i) any use of the Services or any products appearing on the Services that is not in accordance with the terms of this Agreement by you or by any person; (ii) any breach of this Agreement by you or by any person that you allow to use the Services; or (iii) any violation of any laws, regulations or the rights (including intellectual property rights) of any third party by you or by any person that you allow to use the Services; (iv) other illegal or inappropriate conduct.

XIII. DISCLAIMERS OF WARRANTIES

To the maximum extent permitted by law, the services are provided “as is” and “as available” without any warranties or guarantees of any kind or nature, whether express, implied or statutory, including but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to this software and the service.

This software and the services do not contain any malicious code designed to destroy your device data or to obtain your privacy information. we will also do our utmost to ensure the safe, prompt, effective, accurate, reliable and continuous operation of the software and the services, but with the limitation of existing technology, the software and related services may be affected by various unstable factors, we make no warranties or representations that the software and/or the services are compatible with all devices, or are error-free, can operate without interruption or that any errors in the software or related services can be corrected. in case of circumstances such as incompatibility or software malfunction, please contact us for technical support. if the compatibility issue cannot be resolved, you can uninstall the software. within the maximum scope permitted by applicable law, we are exempt from any of your losses caused herein.

XIV. LIMITATION OF LIABILITIES

To the extent not prohibited by applicable law, in no event shall we, our affiliates, senior management, directors, employees or agents be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, business interruption or any other intangible damages or losses, arising out of the following reasons, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages: (1) your use or inability to use the services; (2) the unauthorized access to or alteration of your transmissions or data; (3) the deletion of, corruption of, or failure to use your transmissions or data on or through the services; (4) statements or conduct of any third party on the services; and (5) any other matter relating to the services. some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.

At the same time, our maximum compensation for all your losses shall not exceed the amount you paid for use/purchase of the software or services (if a paid service is involved) within 12 months prior to the date of initiating the claim. if the law of your region does not allow the limitation of liability through an agreement, in this case, the applicable laws and regulations shall apply.

XV. GOVERNING LAWS AND DISPUTE RESOLUTION

15.1 Governing Law. The execution, performance, interpretation, modification and dispute resolution of this Agreement shall be governed by the laws of 【the Hong Kong Special Administrative Region of the People's Republic of China (Hong Kong)】, without regard to its conflicts of law rules. You agree that this Agreement is deemed as signed in【Hong Kong】.

15.2 Informal Dispute Resolution. Any dispute or controversy between you and us arising out of this Agreement shall be first resolved informally for a period of not less than thirty (30) calendar days before initiating an arbitration proceeding. The informal dispute resolution process shall be deemed to have begun upon the receipt of written notice from one party to the other ("Notice of Dispute"). The written Notice of Dispute must include the full name and contact information of the complainant, describe the nature and basis of the dispute, and specify the relief sought. You may send your Notice of Dispute by notifying 【support@btthgame.com】

15.3 Arbitration. You consent and agree that any claim, dispute or controversy (whether in contract, tort or otherwise) you may have against any of our entities, the directors, agents, and employees of any of our entities shall be submitted to 【Hong Kong International Arbitration Center (HKIAC)】 for settlement in accordance with the rules of HKIAC. The arbitration shall take place in Hong Kong, China, and the arbitration proceedings and all pleadings and written evidence shall be in the English language. The arbitral award is final and binding upon both parties. You hereby consent to and waive all defenses of lack of personal jurisdiction and/or forum non convenience with respect to venue and jurisdiction, whether by arbitration or judicial judgment.

15.4 Class Action Waiver. You agree that you cannot bring any claims against us as a plaintiff or class member in any class or representative action or proceeding. The arbitrator may not consolidate any other person’s claims with yours into a single case or preside over any class, collective, consolidated, or representative arbitration proceeding.

XVI. MISCELLANEOUS

16.1   Headings. The headings of all terms of this Agreement are for reference purpose only, have no substantive meaning of their own, and shall not be used as a basis for interpreting this Agreement.

16.2   Severability. If any term or provision of this Agreement is held to be invalid or unenforceable by any judicial or administrative authority for any reason, such determination shall not affect the validity of enforceability of the remaining terms and provisions of this Agreement, and the remaining provisions of this Agreement shall remain in full effect and shall be construed in accordance with their terms.

16.3   Languages. This Agreement is drafted in English. We may provide this Agreement in other languages in the future for your reference. In case of any discrepancy, the English version hereof shall prevail.

16.4   No Waiver. Our failure to enforce at any time any provision of this Agreement, or our failure to require at any time your performance of any provision of this Agreement, shall in no way be construed to be a present or future waiver of such provision, nor shall it in any way affect our right to enforce such provision thereafter. Our express waiver of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

16.5   Entire Agreement. This Agreement constitutes the entire agreement between you and us governing your use of the Services, and supersedes any prior agreements between you and us relating to the use of the Services. You may also be subject to additional terms and conditions that may apply when you use or purchase open-source software, third-party content, or other services.