Last Updated on: Dec, 16th 2025
These Terms of Service ("Terms") are agreed between Playgap Ltd (company number: 14949926, registered address: 20 Wenlock Road, London, England, N1 7GU) ("Playgap", "we", "us", "our") and the legal entity or individual accessing or using our Services ("Developer", "you", "your"). Use of our Services constitutes acceptance of these Terms through the click-through process or separate agreement. Continued use after updates constitutes acceptance of modifications. Do not use our Services if you disagree with these Terms.
1.1. "Advertisement" means the Developer's own in-app purchase advertisements promoting the Developer's own game's in-app purchase opportunities to the game's Users, and includes all content of the advertisement, including but not limited to, text links, banners, videos, artwork, and graphics.
1.2. "Advertisement Policy" means Playgap's Advertisement Policy
1.3. "API" means the application programming interface made available to you by Playgap for your use in connection with the Services provided under these Terms.
1.4. "Business Day" means a day other than a Saturday, Sunday or bank or public holiday in England.
1.5. "Campaign Information" means any relevant information for the Services such as your Advertisements, Properties, schedules, territories, budgetary controls, delivery weights, frequency limits and other campaign and User targeting parameters.
1.6. "Confidential Information" means information disclosed by the Disclosing Party that is marked "confidential" or that a reasonable person would conclude to be confidential, excluding information that: (a) is or becomes publicly known without wrongful disclosure; (b) was rightfully known before disclosure; (c) is rightfully received from a source not owing confidentiality to the Disclosing Party; or (d) is independently developed without using Confidential Information.
1.7. "Dashboard" means the interface provided by Playgap allowing you to configure Advertisements, Campaign Information, and other parameters of your campaigns and Properties, and access various reports.
1.8. "Destinations" means all applications, content and websites to which the Advertisements guide or redirect any User.
1.9. "Disclosing Party" means the party that discloses Confidential Information to the Receiving Party.
1.10. "Documentation" means the instructions, requirements, guidelines and other documentation for the Services and Service Resources made available via the Dashboard, Website, online, or as otherwise communicated by Playgap from time to time (as such instructions, requirements, guidelines and documentation may be modified and updated from time to time).
1.11. "Feedback" means any ideas for improvement, suggestions or other feedback in connection with the Services.
1.12. "Force Majeure" means events beyond a party's reasonable control (excluding inability to pay) preventing or delaying performance, including network issues, data transfer problems, and internet disruptions.
1.13. "IO" means the Insertion Order agreed between the Developer and Playgap in connection with the Services.
1.14. "Products" means any services and products advertised in the Advertisement.
1.15. "Properties" means the Developer's portfolio of app titles across the Developer's mobile applications.
1.16. "Purchase Value" means a portion of gross in-app revenue driven by Playgap.
1.17. "Receiving Party" means the party that receives the Disclosing Party's Confidential Information.
1.18. "SDK" means Playgap's software development kit.
1.19. "Service Resources" means the Documentation, the APIs, the SDKs and the Dashboard.
1.20. "Services" means the services provided by Playgap to you to monetise and / or market the Advertisements, including the various offerings provided by Playgap, including but not limited to the Service Resources, monetisation capabilities, measurement capabilities and others.
1.21. "Start Date" has the meaning given in the IO or as stated in the click-through process when entering into these Terms (as applicable).
1.22. "User" means any individual who downloads, accesses, uses, or otherwise interacts with a Property that integrates the Playgap SDK or Services.
1.23. "Website" means our website at www.playgap.io where the Services can be accessed.
2.1. To use our Services you must create an account with Playgap and provide your registration details. You agree to provide and maintain accurate, current and complete information in connection with creating your account, your use of the Dashboard, and your use of any other interface related to the Services.
2.2. By using the Services, you represent and warrant that you are at least 18 years old (or a higher age as required by applicable law).
2.3. You may not assign or transfer your account to any other person or entity.
2.4. You are responsible for safeguarding the security and confidentiality of your login credentials and for keeping your account information and security arrangements up to date. You must immediately notify Playgap of any unauthorised use of your account, or any other security breach.
2.5. You acknowledge and agree that you are liable for any and all activities and actions that occur under your account and ensuring compliance with these Terms. You acknowledge that Playgap is not responsible for access to your account by third parties, for loss or misappropriation of your account and login credentials.
3.1. You acknowledge and agree that we may: (i) determine the size, placement and positioning of Advertisements; (ii) crop or resize Advertisements; (iii) modify Advertisement components (e.g. calls-to-action, end cards, text placement) to optimize your campaign towards your target Users or otherwise to improve campaign performance; and (iv) use creative content or copy provided or made publicly available by you to create Advertisements on your behalf and insert such Advertisements into your campaigns.
3.2. We may offer promotions to you subject to any terms set out in any applicable Documentation or IO. Unless agreed otherwise, we reserve the right to cancel, terminate, suspend, or modify the promotion or amend the rules at any time, without prior notice.
3.3. We may reject or suspend any of your Advertisements at any time, for any reason. We do not guarantee that Advertisements will be displayed on any particular Properties or appear in any particular position or rank.
3.4. Certain parts of the Services may require acceptance of third party terms. You are responsible for reviewing any applicable terms before participating in any part of the Services to which such terms apply. Links to or copies of any such terms will be provided upon request. You authorise us to accept such terms on your behalf in order to carry out the Services and agree that you will be solely responsible and liable for all obligations under such additional terms.
3.5. We may modify and/or restrict access to any of the Services at our discretion, as well as modify fees, business model, delivery methods and other parameters associated with the Services. We may also limit functionality of any of our Services to any persons and in certain locations. These Terms shall apply to any such new and/or modified Services.
4.1. You are responsible for: (i) all Advertisements and other content you provide or make available to us and Users in connection with the Services, including Advertisements that you may instruct us to prepare (ourselves or working with a third party) on your behalf; (ii) all Advertisement serving and/or targeting decisions made by or on your behalf; and (iii) providing accurate, current and complete versions of your Advertisements via the Dashboard and/or any other means that we require.
4.2. You will not and will not permit any third party to: (i) use automated means to access, query or collect information from the Services without our written agreement; (ii) access, store, distribute or transmit viruses, malware or destructive items; (iii) interfere with conversion calculation or advertising delivery systems; (iv) use the Services to create other products or datasets except for Campaign Information and reporting from the Dashboard, API or Documentation; or (v) log, capture or record data transmitted to/from the Services except for Campaign Information and reporting via Dashboard, API or Documentation.
4.3. You acknowledge and agree that Playgap is not responsible for the Advertisements, Destinations, Products or any associated website(s), application(s), content, information, products and/or services (including but not limited to their accuracy or compliance with applicable laws), including Advertisements that you may instruct us to prepare (ourselves or working with a third party) on your behalf.
4.5. You may use the Dashboard and/or (if applicable) complete an IO to specify Campaign Information and to supply necessary Advertisements creatives (e.g. videos, end cards, playables, or other creative assets (e.g. art, text, screenshots)). Alternatively, in circumstances where the Dashboard is unavailable, we may ask you to provide Campaign Information in writing.
4.6. You may modify your Campaign Information from time to time or cancel any campaign through the Dashboard or, if applicable, contact your account manager, provided you acknowledge that it may take up to two (2) Business Days for any such modification or cancellation to be effective (for avoidance of doubt, you are responsible for any payment obligations associated with the performance of such campaigns until such time as its cancellation is confirmed effective by us).
4.7. If you share purchase verification data and credentials with Playgap for purchase verification ("Permitted Purpose"), Playgap will keep such data and credentials secure and use them solely for the Permitted Purpose.
4.8. You are responsible for any third-party collaborating with you on measuring the effectiveness of the Advertisements for your benefit by using conversion tracking, and their services provided. If such services are not operational for a period of time, and Playgap continues to deliver your campaign during that period, Playgap will provide you with an estimation of the User engagement during such period (e.g. number of clicks and/or purchases). Playgap will calculate payments based on this estimate.
4.9. You grant to Playgap a worldwide, non-exclusive, sub-licensable, royalty-free and fully paid-up licence to: (i) access your Properties to provide the Services, including placing or displaying Advertisements; and (ii) analyse User device identifiers' interaction with your Advertisements for the purposes of providing the Services.
4.10. You shall:
4.10.1. comply with the Documentation, and acknowledge that any failure in compliance may lead to incorrect function or incorrect provision of our Services;
4.10.2. not use the Services if they are illegal in your jurisdiction;
4.10.3. keep your integration with our Services up to date, including, but not limited to using the most recent version of our SDK and APIs. We shall be entitled to suspend the Services if your Properties have not been updated to integrate the new version of our SDK within 30 days of its release;
4.10.4. be solely responsible for the development, operation and maintenance of your applications, including but not limited to properly configuring your applications for the Services in accordance with the most up to date Documentation, ensuring that calls or requests made to the Services are compatible with the current Services, APIs and Documentation provided at the time, complying with any platform and/or operating system's technical and other requirements necessary for the Services, providing support to Users of your applications and resolving any legal claims related to your applications; and
4.10.5. not use the Service Resources with any software or other materials that are subject to licences or restrictions (including but not limited to certain open source software licences) that, when combined with the Service Resources, would require us or any other party to disclose, licence, distribute or otherwise make all or any part of such Service Resources available to any other person or publicly.
4.11. You will not and will not authorise or otherwise permit any third party to:
4.11.1. provide inaccurate, misleading, deceptive or untrue information ("False Information"). You must promptly notify Playgap if provided information becomes false. Upon demand, you will reimburse losses from False Information as determined by Playgap;
4.11.2. engage in illegal or fraudulent conduct by use of any of the Services or Service Resources;
4.11.3. access or use any part of the Services or Service Resources for any purpose except for access or use of corresponding Services and Service Resources for corresponding applications in accordance with these Terms;
4.11.4. market, sell, lease, rent, sub-licence, distribute, syndicate, transfer or otherwise make available to any third party any part of the Services or Service Resources;
4.11.5. copy, modify, duplicate, decompile, reverse engineer, disassemble or create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services or any of the Service Resources, except where expressly permitted under law;
4.11.6. access all or any part of the Services or Service Resources in order to create or attempt to create a product or service that is a substitute or similar service to the Services, Service Resources, or any other Playgap products or services, or which otherwise competes with the Services, Service Resources, or any other Playgap products or services;
4.11.7. use any automated tool (e.g. robots, spiders, tools used to automate creation of accounts in bulk) to access or use any part of the Services or Service Resources;
4.11.8. attempt to breach or circumvent or disable any technical, timing, usage or security features of Playgap or a third party with respect to the Services or Service Resources;
4.11.9. use the Services or Service Resources in a manner that interferes with, overburdens, disrupts, or that threatens their integrity, performance or availability (including the APIs);
4.11.10. remove, alter or obscure any proprietary notices (including copyright and trade mark notices) on any of the Services or Service Resources;
4.11.11. access, store, distribute, introduce, or transmit any viruses, worms, defects, malware, spyware, adware, trojan horse or any item of destructive nature through use of any of the Services, Service Resources or any of your applications, or fail to use reasonable commercial efforts to maintain an up to date virus-scanning program;
4.11.12. access, store, distribute, introduce, or transmit any material during the course of its use of the Services or Service Resources which is false, deceptive, misleading, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive, facilitates illegal activity, depicts sexually explicit images, promotes unlawful violence, is discriminatory in any way, or is otherwise illegal or causes damage or injury to any person or property; or
4.11.13. make or publish any representations or warranties on behalf of Playgap concerning the Services or Service Resources without Playgap's prior written approval.
5.1. Playgap will invoice you for the Purchase Value, calculated based on Playgap's measurements, which may be measurements taken from the Service Resources of third-party applications used by you. Such invoices are payable by you to Playgap within thirty (30) days of receipt. The Purchase Value share percentage applicable to you may be varied from time to time in Playgap's discretion.
5.2. Campaign parameters, including but not limited to schedules, budgetary controls, delivery weights, frequency limits and performance metrics are not guaranteed. You authorize Playgap to configure such parameters on your behalf based on your requests (including via email, instant messaging, or verbal instructions). Additional charges may apply for Advertisements exceeding parameters, whether such parameters were set by you or by Playgap. Industry, platform or regulatory changes may require Playgap to modify invoicing or campaign approaches to ensure continuity.
5.3. From time to time, Playgap may, at its sole discretion, issue promotional credits to the Developer ("Promotional Credits"). Promotional Credits have no cash value, are non-transferable, and cannot be exchanged for cash. Promotional Credits may only be used to offset the fees payable for the Services ("Service Fees") and shall expire if not used within the timeframe specified by Playgap.
5.4. Unless agreed to in writing to the contrary by Playgap: (i) all such payments shall be invoiced, calculated, and made in United States Dollars; and (ii) you shall ensure that the financial institution designated by you for receipt of payment is readily capable of processing wire transfers in United States Dollars. In the event any currency conversion is required: (i) such conversion shall be made at the applicable exchange rates designated by Playgap; and (ii) Playgap may offset any charges or fees associated with any currency conversion from amounts owed to you.
5.5. If you wish to dispute an invoice you must raise such an objection within ten (10) days of the corresponding invoice date. Otherwise, the invoice will be deemed as having been approved by the parties. You are responsible for any invoice adjustments, reporting and accounting required by any tax laws applicable to you (including but not limited to reverse VAT charges).
6.1. Playgap acknowledges that you own all rights, title and interest (including all intellectual property and proprietary rights) in and to your Advertisements and applications (excluding any Playgap software or Services, Service Resources, or derivative works of each embedded therein).
6.2. You acknowledge that Playgap owns all right, title and interest (including all intellectual property and proprietary rights) in and to the Playgap software, Services and Service Resources, as well as all products, concepts, materials, techniques, methods and know-how used or provided by Playgap in the provision of the Playgap software, Services, or Service Resources or included in or with the Playgap software, Services, or Service Resources. Unless otherwise provided herein or agreed to in writing by Playgap, you shall not have or obtain any rights in the foregoing.
6.3. You hereby grant Playgap an irrevocable, sublicensable, non-exclusive, worldwide, and royalty-free licence to copy, adapt, reproduce, distribute, display, publicly perform, and otherwise use or publish your Advertisements, including any intellectual property rights contained therein, for the purpose of providing you with the Services, including but not limited to, serving the Advertisements to Users.
6.4. You represent and warrant that you own or have all necessary rights to your Advertisements (including, as needed to grant the licences set forth herein), the Destinations and the Products, and the foregoing do not infringe the intellectual property rights, privacy rights, rights of publicity or other rights of any person or entity, nor could they reasonably be determined to tarnish the goodwill of any Property or Playgap.
6.5. Playgap may market, distribute, make derivative works from, and sell similar work to other customers without further notice to or consent from you. Nothing in these Terms shall restrict or prohibit Playgap's right to use concepts, techniques, and know-how used or developed in the course of performing the Services or offering Playgap's software or Service Resources.
6.6. You have no obligation to provide us with Feedback. If you do provide any Feedback, you hereby grant us a right and licence to make, use, offer to sell, reproduce, modify, distribute, sub-licence, make available, publicly display and perform, disclose and otherwise exploit the Feedback without restriction or obligation. The foregoing right is non-exclusive, transferable (in accordance with these Terms), irrevocable, worldwide, royalty-free and fully paid-up.
6.7. You grant Playgap a royalty-free, fully paid-up, sublicensable, non-exclusive, worldwide licence to reproduce, display, distribute and otherwise use your content, logos, name, and any trade names, as well as the trade marks, service marks, logos, brand features and content from or associated with any of your applications or your use of our Services in advertising, sales, marketing, promotional materials or communications related to the Services, Playgap or any of its affiliates, and you agree Playgap may disclose generally the nature of any work being performed hereunder (provided that such inclusion does not disclose your Confidential Information) for the purpose of advertising or publicising the Services or Service Resources.
6.8. You will not use Playgap's trade name, trade marks, logos, or adverts without Playgap's prior written approval.
6.9. You agree that other than as expressly provided in these Terms, Playgap grants you no right, title or interest in or to Services or any of the Service Resources. Playgap reserves the right, in its discretion, to suspend, reject or terminate your access to and use of any of the Services or Service Resources and to suspend, deprecate, terminate or modify any of the Services or components thereof, Service Resources, or these Terms, all at any time, with or without notice, and with no liability to Playgap.
7.1. Subject to clause 7.2, the Receiving Party shall not disclose the Disclosing Party's Confidential Information to any third party without the Disclosing Party's prior written consent.
7.2. The Receiving Party may use or disclose Confidential Information to the extent: (i) the Receiving Party requires to disclose to its employees, agents and consultants who need to know such Confidential Information to perform the Services and who are bound in writing by restrictions regarding disclosure and use of such information comparable to and no less restrictive than the terms of this clause 7; (ii) approved by the Disclosing Party in writing; or (iii) the Receiving Party is legally required to disclose such Confidential Information provided that, unless otherwise prohibited by law, prior to any such required disclosure, the Receiving Party shall give the Disclosing Party reasonable advance notice of any such disclosure and shall cooperate with the Disclosing Party in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information.
7.3. The Receiving Party shall use at least the same degree of care to prevent any unauthorised use and/or disclosure of Confidential Information as the Receiving Party uses with its own confidential information of like importance (but in no circumstances less than a reasonable degree of care).
7.4. Upon request, the Receiving Party shall promptly return or destroy all Confidential Information materials and certify compliance if required. Confidential Information in routine backup files that are not generally accessible may be retained subject to these Terms until deletion per internal procedures.
8.1. You may use the APIs that we make available to you to retrieve insights data solely as provided for in the Documentation. You may use such insights data for your own business purposes, but you may not transfer insights data (including, anonymous, aggregated or derived data) to any third party (including, but not limited to, any ad network, data broker, investment firm, or advertising or monetization related service) or expose the insights data to the general public.
8.2. Playgap may use data that has been aggregated and de-identified so that it no longer contains any personal data, Confidential Information or any other data that could identify you or a User to improve the Services. For the avoidance of doubt: Playgap will not share any individual User level data with any third party developers.
9.1. The parties agree that to the extent any personal data is shared or processed in connection with the Services, such sharing and/or processing shall be governed by the terms of the Playgap data processing agreement available at www.playgap.io/dpa .
9.2. You will ensure that you:
9.2.1. comply with all applicable laws, rules, and regulations relating to the collection, use, and sharing of information about any User who interacts with the Services;
9.2.2. have a clear and easily accessible privacy policy in place that complies with applicable data protection laws and, specifically, provides Users with clear and comprehensive information about cookies, device-specific information, location information, and other information stored on, accessed on, or collected from Users' devices in connection with the Services, including, as applicable, information about Users' options for data collection management;
9.2.3. you share Playgap's Privacy Policy ( https://playgap.io/policies/privacy ) with Users;
9.2.4. each User gives consent to the storing and accessing of cookies, device-specific information, gameplay information, Advertisement interaction, location information, or other information on the User's device as explained in the Documentation by Playgap in connection with the Services where such consent is required by law. You acknowledge that in many jurisdictions, in order for such consent to be valid, Playgap must be identified by name on the first layer of any prompt to the User seeking consent. Upon Playgap's request, you must provide Playgap with written evidence of such consent, including without limitation, the date of the consent and the consent language presented to the User;
9.2.5. obtain all appropriate permissions and consents from Users in connection with access to and usage of User's device sensors (including but not limited to an accelerometer or camera), as may be required from time to time in connection with the Advertisements or Properties (as applicable);
9.2.6. comply with all applicable notice and consent requirements necessary to deliver the Advertisements;
9.2.7. provide Users with an appropriate and easy to use method for opting out of data collection; and
9.2.8. in circumstances where you intend to use personal data to target individuals, you have obtained all necessary and valid consents in connection with the use of same and that such use is compliant with applicable data protection laws.
10.1. You represent and warrant that: (i) your Advertisements, Destinations and Products will comply with the requirements set out in the Advertisement Policy; (ii) you have all necessary rights, power, licences and authority to perform your obligations and permit Playgap's rights under these Terms; (iii) your Advertisements comply with these Terms and the Documentation; and (iv) you own or have the rights to your Advertisements and related information provided to Playgap without infringing third party rights or tarnishing Playgap's goodwill.
10.2. To the fullest extent permitted by law, Playgap and its affiliates disclaim all warranties (express, implied, statutory or otherwise) regarding the Services and Service Resources. All offerings are provided "as-is" without warranties of performance, merchantability, fitness for purpose, non-infringement, or arising from course of dealing or trade usage.
10.3. Playgap and its affiliates each disclaim any and all liability associated with any inability to perform the Services during any server, system, site, or service outage (including as a result of any denial of service or other cyber-attack), and you acknowledge and agree that no such outage will excuse or serve as a basis for reduction of any fees or payments due from you to Playgap hereunder.
11.1. You agree to indemnify, keep indemnified and hold harmless Playgap, its officers, directors, employees, affiliates and subsidiaries from any losses, claims, damages, costs, liabilities, and expenses (including reasonable legal fees) incurred by or made against Playgap as a result of or in connection with any third party claims, demands, or actions that the Advertisements or any information provided to us as a result of your configuration of the SDK infringe upon the third party's rights, including but not limited to their intellectual property rights.
11.2. Playgap reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Playgap in asserting any available defences.
12.1. To the fullest extent permitted by law, Playgap will not be liable to you or any other person or entity, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for lost income, revenue, profits, or data; costs of substitute products or services; loss of goodwill or other commercial loss; or indirect, incidental, punitive, special or consequential damages arising from these Terms, even if advised of such possibility.
12.2. Playgap accepts no liability for any loss, damage, or issues that may arise from: (i) non-compliance with our Documentation; (ii) improper integration and use of our Services; (iii) the conduct, whether online or offline, of any User of the Services; or (iv) problems, changes, or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email, or other systems, on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury, loss or damage to Users’ or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Services, or from use of the Services.
12.3. Any such claim that you have suffered losses at the fault of Playgap under these Terms must be brought by you against Playgap within two (2) years from the date on which such liability arises.
12.4. Subject to clauses 12.1 – 12.3, Playgap's aggregate liability in respect of all losses arising out of or relating to these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed the sum equal to the payments received by Playgap from the Developer for the Services in the preceding six (6) months period from the date that such liability arose.
13.1. These Terms come into force on the Start Date and shall continue, unless terminated by either party in accordance with this clause 13.
13.2. Unless agreed otherwise between the parties in writing, either party shall be entitled to terminate the Terms upon not less than sixty (60) days written notice for any reason.
13.3. Without affecting any other right or remedy available to it, either party may terminate these Terms with immediate effect upon giving written notice to the other party if the other party: (i) commits a material breach of these Terms which breach is irremediable or, in the event of a remediable breach, the other party has failed to remedy that breach within a period of thirty (30) days after being notified in writing to do so; or (ii) becomes the subject of a voluntary or involuntary proceeding concerning insolvency, receivership, liquidation, or composition for the benefit of creditors.
13.4. Upon termination of these Terms for any reason: (i) you shall stop using the Services; (ii) you shall pay to Playgap all outstanding unpaid invoices, interest, and costs of collection and, with respect to the Services supplied but for which no invoice has been submitted, Playgap may submit an invoice for Services actually provided, which shall be payable immediately on receipt; and (iii) Playgap shall be entitled to deduct any outstanding charges from your billing account.
13.5. Termination or expiry of these Terms shall not affect any accrued rights and liabilities of either party at any time up to the date of termination or expiry and shall not affect any provision of these Terms that is expressly or by implication intended to continue beyond termination.
14.1. Any notice given under these Terms shall be: (i) in writing; (ii) in English; and (iii) sent by email to: in the case of giving notice to Playgap: privacy@playgap.io; or in the case of giving notice to the Developer: the email address provided through registration, use of Services, or by other means (as applicable). Any notice shall be deemed to have been delivered at the time of transmission (unless the time of transmission occurs outside of normal business hours, in which case the notice shall be deemed to have been delivered at 8.00am on the following Business Day).
14.2. If a party is prevented, hindered or delayed in performing obligations by a Force Majeure event (the "Affected Party"), it shall not be in breach or liable for such failure or delay, provided the Affected Party: (i) promptly notifies the other party in writing of the Force Majeure event, its start date, likely duration, and effect on performance; and (ii) uses reasonable efforts to mitigate the event's impact.
14.3. Subject to additional written documentation agreed between the parties, these Terms constitute the entire agreement and supersedes all previous agreements, understandings and arrangements regarding the subject matter.
14.4. Each party acknowledges that it has not entered into these Terms in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in these Terms.
14.5. Playgap may assign, transfer, or otherwise deal with its rights or obligations under these Terms. You may not assign, transfer, or deal with your rights or obligations under these Terms (including licence rights) without our prior written consent.
14.6. Each party is independent and are not partners or principal and agent and these Terms do not establish any joint venture, trust, fiduciary or other relationship between the two, other than the contractual relationship expressly provided for in it. Neither party shall have, nor shall represent that it has, any authority to make any commitments on the other party's behalf.
14.7. No single or partial exercise of any right, power or remedy provided by law or under these Terms shall prevent any future exercise of it or the exercise of any other right, power or remedy. A waiver of any term, provision, condition or breach of these Terms shall only be effective if given in writing and signed by the waiving party, and then only in the instance and for the purpose for which it is given.
14.8. Except as expressly set out in these Terms, a person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its provisions.
14.9. The parties may execute these Terms in counterparts, including facsimile, PDF, and other electronic copies, which taken together will constitute one instrument.
14.10. These Terms and any dispute or claim arising out of, or in connection with them, their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, its subject matter or formation (including non-contractual disputes or claims).