Last Modified: December 1, 2020

Greetings players,

These terms of service (the “Terms”) set out the terms and conditions by which Aika Messenger Game offers you access to use and enjoy our games, apps, websites and other services (the “Aika Services”). Aika Messenger Game is a Small game studio in China. These Terms are an agreement between you and Aika Messenger Game.

Please read these Terms carefully and pay particular attention to these items:

• Virtual Content. When you click to purchase, earn or are gifted Virtual Content, you only get a license to access Virtual Content. You have no ownership in any of the Virtual Content you unlock and you can’t transfer it to someone else. Virtual Content has no monetary value, is generally game specific and you can’t redeem Virtual Content for any type of “real world” money.


• Privacy Policy. This is our privacy policy. Read about it here.


• User Rules. You agree to follow our User Rules (Section 4). These rules govern both in-game behavior and certain out-of-game conduct while using the Aika Services.

Attention Parents!

We provide game rating info on our website about age appropriateness. We also encourage you to supervise your child’s online activities, review the content they are accessing and, as appropriate, monitor their social interactions. For more info on game ratings and content descriptors, please check your local ratings system.

1.1. What can I do with the Aika Services? (You can enjoy the Aika Services for your own, personal, non-commercial use.)

We grant you a limited, non-exclusive, non-transferable, revocable license to use and enjoy the Aika Services (and any Virtual Content) for your individual, non-commercial, entertainment purposes only and expressly conditioned upon your compliance with these Terms. If we terminate your account, any license granted by us to you in the Aika Services and any Virtual Content ends immediately. Unless otherwise expressly authorized by us in a signed written contract, you may not sell, copy, exchange, loan, reverse engineer, decompile, derive source code from, translate, lease, grant a security interest in, transfer, publish, assign or otherwise distribute any of the Aika Services or any of Aika Messenger Game’ intellectual property, including any of our computer code or Virtual Content.

1.2. Can I do stuff with Aika’s intellectual property? (We reserve all the rights to our IP, but do allow for some personal, non-commercial uses, like fan art.)

We (and our licensors) own and reserve all rights, title and interest in and to the Aika Services, and all data and content posted, generated, provided or otherwise made available in or through the Aika Services, including, user accounts, computer code, titles, objects, artifacts, characters, character names, chat logs, game recordings and broadcasts, locations, location names, stories, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, virtual goods, in-game currency, audio-visual effects, character likenesses, methods of operation and gameplay (collectively, “Game Content”). For clarity, Game Content includes Virtual Content. You can’t create any work of authorship based on the Game Content or Aika Services except as expressly permitted by us.

You also agree that unless we grant you a license, in a written contract signed by us, you may never use any of our trademarks, service marks, trade names, logos, domain names, taglines, or trade dress. Any reproduction, redistribution, or modification of the Aika Services, or use of the Aika Services not in accordance with these Terms, is expressly prohibited and may result in severe civil and/or criminal penalties.

2.1. What is Virtual Content? (Virtual content includes stuff like game currency and virtual goods, such as diamonds, skins, weapons, accessories, etc.)

When using the Aika Services, we may provide you with opportunities to acquire a limited license to access virtual goods, such as skins, weapons, accessories, etc., (“Virtual Goods”) and in-game currency (“Diamonds or Coins”), associated with your account (collectively, “Virtual Content”).

Game Currency may only be used for the specific game for which it was purchased unless we say otherwise at the time of purchase.

2.2. How do I get a “license” to access Virtual Content? (Buy it, earn it, or receive it.)

We may provide you with various opportunities to acquire a limited license to access Game Currency or Virtual Content, including:

1. purchasing it (e.g., with a credit card);


2. earning it (e.g., by accomplishing game missions or tasks); or

2.3. Do I “own” the Virtual Content I unlock? (No. What you “unlock” is not the virtual good itself, but rather, a non-transferable limited license to access it.)

You have no ownership or other property interest in any of the Virtual Content you unlock, regardless of how you acquired access to it. Virtual Content has no monetary value. You can’t transfer (unless we allow it in the functionality of the Aika Services) or redeem Virtual Content for any type of “real world” money. You can’t obtain any refunds for purchasing a license to access Virtual Content, except as expressly permitted by us.

2.4. Once again: I don’t own my Virtual Content?

When you obtain Virtual Content from us, what we are actually giving you is a personal, non-exclusive, non-transferable, non-sublicenseable, revocable, limited right and license to use that Virtual Content only in connection with your use of the applicable Aika Services.

Notwithstanding anything to the contrary in these Terms, you acknowledge and agree that you shall have no ownership or other property interest in your account, and that all rights in and to your account are and shall forever be owned by and inure to the benefit of Aika Messenger Game. You further acknowledge and agree that you have no title, ownership, or other proprietary interest in any Virtual Content, regardless of any consideration offered or paid in exchange. Furthermore, except in cases of willful misconduct or gross negligence, or to the extent these Terms say otherwise, Aika Messenger Game shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking, or any other damage or loss of any kind caused to Virtual Content, including the deletion of Virtual Content upon the termination or expiration of your account or our reasonable changes to the Aika Services.

2.5. Will my Virtual Content always be available? (Not necessarily, no.)

In an effort to constantly improve the Aika Services, evolve our games and keep the Aika Services, safe, fun, and secure, we have the right to delete, alter, move, remove, re-package, re-price, or transfer any and all Game Content, including Virtual Content, in whole or in part, at any time, with or without notice to you, and with no liability of any kind to you. For example, your Virtual Goods may (and likely will) evolve over time to improve the Aika Services or for regulatory or legal reasons. If we decide to entirely retire certain Virtual Goods that you recently purchased, we will provide you with a replacement. We won’t delete your Game Currency without notice (such as through posts on our website, app or game). We may sometimes change the purchasing power of Game Currency (for example, we might increase the number of Game Currency needed to purchase Virtual Goods, such as skins). We normally only do this in incremental steps but we’ll give you notice (such as through posts on our website, app or game) if we plan to make changes that will significantly impact your Game Currency in a negative way. We don’t provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on servers we operate or control, including any Game Content or Virtual Content attributed to your account. If we allow the sale or transfer of your right to access certain Game Content or Virtual Content, it may only be conducted via services approved or provided by us, if any.

3.1. Is everything about the Aika Services free? (No.)

Some aspects of the Aika Services may require you to pay a fee, and you agree that you’ll provide accurate and complete payment info to us or the third-party payment provider used by us. You further agree to pay all fees and applicable taxes incurred on your account. We may revise the pricing for any part of the Aika Services at any time. This can impact on the purchasing power of your Game Currency, though we normally only do this in incremental steps. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on our websites, apps or in our games.

3.2. What are my responsibilities relating to Game Currency? (Pay applicable taxes; verify that all transactions with us are correct, etc.)

You’re solely responsible for paying any applicable taxes related to acquiring, using, or accessing Game Currency. Game Currency may be sold or issued by us in bundles and the price may vary depending on the amount you purchase and where you’re purchasing. As we feel it necessary, in our reasonable discretion (or as prescribed by law), we may limit the total amount of Game Currency that may be purchased for any one game or that may be held in your account in the aggregate. Additionally, price and availability of Game Currency and Virtual Goods are subject to change. We may restrict how much Game Currency you can purchase and/or use based on your location as we have different approaches in different locations.

You should verify that the proper amount of Game Currency has been added to or deducted from your account during any given transaction. Please notify us immediately if you believe that a mistake has been made with respect to your Game Currency balance. We’ll investigate your claim, and in doing so, may request some additional info to verify it.

4.1. Can I troll, flame, threaten or harass people while using the Aika Services? (No. If you do, we might take action such as banning your account.)

While using the Aika Services, you must comply with all laws, rules and regulations in the jurisdiction in which you reside. You must also comply with the acceptable use and behavioral policies that we publish from time to time on our websites, apps and games and the behavioral rules listed below (collectively the “User Rules”). The User Rules posted to our websites, apps and games or set out in this section are not meant to be exhaustive, and we reserve the right to modify them, as well as take appropriate disciplinary measures including temporary bans, account suspension or termination and deletion to protect the integrity and spirit of the Aika Services, regardless of whether a specific behavior is listed in the User Rules as inappropriate.

The following are examples of behavior that warrant disciplinary measures:

1. Harassing, stalking or threatening other players or Aika Messenger Game employees;


2. Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notice of Aika Messenger Game contained within the Aika Services. You also may not transmit content that violates or infringes the rights of others, including patent, trademark, trade secret, copyright, publicity, personal rights or other rights;


3. Transmitting or communicating any content which we reasonably believe to be offensive to players, including language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethically, or otherwise objectionable;


4. Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal info;


5. Avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise circumventing any technological measure implemented by Aika Messenger Game or any third party to protect the Aika Services;


6. Using any unauthorized third party programs, including mods, hacks, cheats, scripts, bots, trainers and automation programs that interact with the Aika Services in any way, for any purpose, including any unauthorized third party programs that intercept, emulate, or redirect any communication relating to the Aika Services and any unauthorized third party programs that collect info about the Aika Services by reading areas of memory used by the Aika Services to store info;


7. Accessing or attempting to access areas of the Aika Services that are not made available to the public;


8. Inducing or encouraging others to breach the User Rules or these Terms; or


9. Using the Aika Services for any business purpose without our express written consent or after we’ve asked you to stop using the Aika Services.

5.1. Am I responsible for the content that I post on/in the Aika Services? (Yes, and we can use what you post.)

Apart from Unsolicited Ideas , you’re also responsible for any other communications, user names, images, sounds, or other material and info that you create, upload, use or transmit with or through the Aika Services (“Your Content”).

You should upload or transmit Your Content only if you agree that:

1. You grant us, from the time of uploading or transmission of Your Content, a worldwide, perpetual, irrevocable, sublicenseable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works based upon, publicly perform, publicly display, digitally perform, make, have made, and import Your Content, including, all copyrights, publicity rights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related to them, for the purpose of providing the Aika Services without any compensation to you;


2. You waive any moral rights you may have in Your Content with respect to our use of Your Content to the maximum extent permitted by the laws of your jurisdiction. If local laws do not allow for waiver of moral rights, instead you grant Aika Messenger Game the right to use Your Content and all elements of Your Content with or without your name or pseudonym, as well as to freely edit Your Content.


3. You represent, warrant and agree that none of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of Aika Messenger Game and Aika Messenger Game won’t be liable for any use or disclosure of Your Content.


4. You further represent, warrant and agree that Your Content shall not violate any third-party rights.

6.1. Will these Terms change in the future? (Yes.)

We may (and probably will) create updated versions of these Terms in the future as the Aika Services and applicable laws evolve. When we do, we’ll inform you of the new agreement which will supersede and replace these Terms. You’ll be given an opportunity to review any new agreement we present to you and decide whether you wish to agree to the revised terms. If you accept the new agreement, you’ll be able to continue using the Aika Services. If you decline the new agreement, you won’t be able to use the Aika Services anymore.

6.2. Will the Aika Services stay the same? (No. )

In an effort to constantly improve the Aika Services, evolve our games and keep the Aika Services, safe, fun, and secure, you agree that we may change, modify, update, suspend, or restrict your access to any features or parts of the Aika Services, including Virtual Goods (e.g., we might change some features of Virtual Goods for regulatory or legal reasons or to improve the game experience), and may require that you download and install updates to any software required to support the Aika Services, at any time without liability to you. You also understand and agree that any such changes or updates to the Aika Services might change the system specifications necessary to play our games, and in such a case, you, and not Aika Messenger Game, are responsible for purchasing any necessary additional software or hardware in order to access and play our games. You also understand and agree that we may use background patching to automatically update our games and software with or without notice to you.

7.1. What should I do if someone is infringing my copyrighted work in the Aika Services? (Send us a copyright take-down notice.)

Aika Messenger Game respects copyright law and expects its users to do the same. It is our policy to terminate accounts in appropriate circumstances of users who infringe or are believed to infringe the rights of copyright holders. Aika Messenger Game will respond expeditiously to claims of copyright infringement committed using the Aika Messenger Game website or other online network accessible through a mobile device or other type of device (the “Sites”) that are reported to Aika Messenger Game’ Designated Copyright Agent, identified in the sample notice below.

If you’re a copyright owner, are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by submitting a notice that contains all of the following:

1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.


2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.


3. Provide your mailing address, telephone number, and, if available, email address.


4. Include both of the following statements in the body of the Notice:
   • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
   • “I hereby state that the information in this Notice is accurate and[, under penalty of perjury,]* that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”


5. Provide your full legal name and your electronic or physical signature.

Deliver this notice (“Notice”), with all items completed, to Aika Messenger Game. You can send your Notice instead by email to: aikamessengers@163.com. Attachments cannot be accepted at the email address for security reasons. Accordingly, any Notice submitted electronically with an attachment will not be received or processed.

Please note that the Notices are legal notices and that Aika Messenger Game may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law. Upon receipt of such a Notice, Aika Messenger Game will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.

8.1. Does Aika make any warranties about the Aika Services?

You assume all responsibility for the installation and use of, and results obtained from the Aika Services (no matter where you are based).

9.1. Is there a limit on Aika’s potential liability under these Terms? (Yes.)

To the extent permitted by law, our total liability to you (whether for breach of this contract, negligence or for any other reason whatever) for any loss, harm or damage suffered by you in connection with your downloading, use and/or access of the Aika Services is limited to the total amounts paid by you to Aika during the six (6) months immediately prior to the time your cause of action first arose.

We only make the Aika Services available for domestic and private use. We are not liable for business losses (such as any loss of profit, loss of business, business interruption, loss of goodwill or loss of business opportunity). We also won’t have responsibility for any damage which arises because you failed to install any update when it is made available by Aika Messenger Game or where you fail to maintain the minimum system specifications required. Separately, we are not responsible for: (i) any loss that was not foreseeable at the time you entered into these Terms; or (ii) any loss that we both knew might happen only because of your special circumstances existing at the time you entered into these Terms (including all indirect damages).

Despite anything else we say in these Terms, WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO, including our liability for: (i) death or personal injury arising from our negligence; (ii) our fraud or fraudulent misrepresentation; (iii) willful or grossly negligent behavior; (iv) for damage arising from a negligent breach of an obligation that is essential for the performance of the contract by Aika Messenger Game (“Cardinal Duties”) to the extent that is typical and foreseeable; (v) for any guarantee given by us to you; or (vi) for any liability under a jurisdiction’s applicable product liability legislation.

You may also have specific rights under local law in addition to those set out above.

10.1. General Terms

You may access Aika Services we make available from certain authorized third party stores or platforms (an authorized third party provider of any store, game system, console or platform each a “Third Party Platform”), only if you agree that:

• These Terms are an agreement between us and you, and not between you and the Third Party Platform. As between Aika Messenger Game and the Third Party Platform, Aika Messenger Game is solely responsible for any Aika Services.


• The Third Party Platform has no obligation to provide any maintenance and support services for the Aika Services.


• The Third Party Platform is not responsible for addressing any claims you have relating to the Aika Services or your possession and use of the Aika Service.


• If a third party claims any of the Aika Services infringes another party's intellectual property rights, as between the Third Party Platform and Aika Messenger Game, the Third Party Platform will not be responsible for the investigation, defense, settlement and discharge of any such claim.


• The Third Party Platform and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license to the Aika Services.


• You must also comply with all applicable third-party terms of service and licenses when accessing or using the the Third Party Platform including any additional terms that apply when you download, stream, access or use any Aika game, Virtual Content or other Aika Services.

If you have questions about game, or if you have any requests for resolving issues with your personal data, we encourage you to primarily contact us through the game so we can reply to you more quickly.

E-mail: aikamessengers@163.com

12.1. What can I do if I have questions about the Aika Services?

If you have any questions concerning the Aika Services, or if you would like to contact us for any other reason, please contact Aika Messenger Game support at aikamessengers@163.com.

12.2. Can either party assign these Terms? (No. Just us.)

Aika Messenger Game may assign its rights under these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign your rights under these Terms without Aika Messenger Game’ prior written consent, and any unauthorized assignment by you shall be null and void.

12.3. Is this our entire agreement? (Yes, including those other important policies we talked about earlier.)

These Terms represent the complete agreement between you and Aika Messenger Game concerning the Aika Services, and supersede any prior or contemporaneous agreements between you and Aika Messenger Game. These Terms shall coexist with, and shall not supersede any other Aika Messenger Game policies referenced in these Terms. You and Aika Messenger Game agree that we each have not relied upon, and have no remedies in respect of, any terms, conditions, representations, warranties or similar that are not expressly set out in these Terms.

12.4. What happens if a natural disaster interferes with the Game? (Aika isn’t liable.)

Aika Messenger Game shall not be liable for any delay or failure to perform, including any failure to perform under these Terms due to unforeseen circumstances or cause beyond Aika Messenger Game’ control such as: (a) hacking, cyber-attacks, data corruption/loss (where we have taken the steps that would reasonably be taken by companies like us to avoid this event occurring); or (b) acts of god, war, terrorism, bomb-threats, Aikas, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

12.5. Do these Terms mean we’re partners? (Not in a legal sense, no.)

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Aika Messenger Game as a result of these Terms or your use of the Aika Services.

12.6. If I breach these Terms and Aika does nothing for a long time, does that mean I’m off the hook? (No. We reserve all of our rights.)

Aika Messenger Game’ failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision after that. Any waiver by Aika Messenger Game of any provision, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

12.7. What remedies are available to Aika Messenger Game if I breach these Terms?

You agree that Aika Messenger Game would suffer irreparable harm if a breach of certain of these Terms (such as Section 3.2) was not specifically enforced and that damages would not be an adequate remedy for Aika Messenger Game as a result. We may rely upon this Section to ask a court for injunctive relief or specific performance.

12.8. If I need to send a legal notice to Aika, where do I send it? (We hope you never need to send us a legal notice, but if you do….)

Except as otherwise expressly provided in these Terms, all notices given by you or required under these Terms shall be in writing and addressed to the Aika Messenger Game entity that provides you with the Aika Services at issue. See Section 19 for the address of the relevant Aika Messenger Game entity.

12.9. Can I play the Game if the U.S. government thinks I might be a terrorist or I live in an embargoed country? (No.)

Much of the Aika Services are developed in the U.S. so you cannot use them if: (1) the Office of Foreign Assets Control of the United States Treasury Department lists you as a specially designated national and/or blocked person; (2) the Bureau of Industry and Security of the United States Department of Commerce lists you on its denied persons list or lists of parties of concern; or (3) you’re on any similar list promulgated by an official agency or department of the United States government. You warrant and represent that you’re not located in, under the control of, or a national or resident of any embargoed country.

12.10. If part of these Terms is invalidated, what happens to the rest? (Like Zac, these Terms might lose a part or two, but what’s left lives on.)

Except as otherwise provided in these Terms, if any provision of these Terms is held to be invalid or unenforceable for any reason, such provision shall be considered severed from these Terms and the remainder of these Terms shall continue in full force and effect.

12.11. Are these silly headings legally binding? (No. These headings are just our lawyers’ way of trying to be engaging and funny. Other lawyers find these headings to be appropriately engaging and funny.)

The headings and parentheticals in these Terms are provided for informational and entertainment purposes only. They have no legal effect whatsoever.

12.12. How long does this agreement last? (For as long as you use the Aika Services or until your account is terminated. Some provisions have been chronoshifted, though, and last forever.)

These Terms begins on the date you first accept them and last for as long as you use or maintain an account on the Aika Services. However, Sections 2.3, 3.2, 4.3, 4.4, 4.5, 5.1, 6, 8, and 13-19 inclusive, shall survive the termination of these Terms.

12.13. Where we say “including” in these Terms, is that language limiting? (No.)

Whenever we use “including” in these Terms, we mean “including without limitation.”

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND THAT BY SELECTING THE “ACCEPT” BUTTON BELOW OR OTHERWISE USING OR ACCESSING THE Aika Services, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT IN THESE TERMS.