Terms of Use

1. About these terms

1.1. These Terms of Use govern your use of Poffi’s Factory, our website located at https://poffisfactory.com, and any related services provided by Keittech SIA.
1.2. When you create a Poffi’s Factory account or use Poffi’s Factory, you agree to abide by these Terms of Use and to comply with all applicable laws and regulations. If you do not agree with these Terms of Use, you are prohibited from further using our game, accessing our website, or using any other services provided by Keittech SIA.
1.3. We reserve the right to review and amend any of these Terms of Use at our sole discretion. Upon doing so, we will update this page and notify you through the game and/or the email address you provided when you created your account. Any changes to these Terms of Use will take effect immediately from the date of publication.

These Terms of Use were last updated on 9 September 2024.

2. Description of Service

2.1. Poffi’s Factory is an online advertising game provided by Keittech SIA. It offers a web-based interactive gaming experience wherein players collaborate with other players to craft virtual products.
2.2. The Game incorporates various elements of creativity, teamwork and time-based challenges, culminating in the production of virtual products.The game operates within the legal framework established by Keittech SIA, encompassing rules and guidelines for participation, product creation, and rewards allocation.

3. Service Rules

3.1. Account Creation

3.1.1. In order to use our services you need to create an account. Any information provided needs to be accurate and updated if necessary. Customers are liable for maintaining their accounts and are fully responsible for all activities occurring under their accounts. Should anybody gain unauthorised access to your account, you need to notify us immediately. Keittech SIA is not liable for any loss or damage arising from failure to maintain the confidentiality of your account.
3.1.2. Each individual is permitted to possess only one account within Poffi’s Factory.
3.1.2.1. In the event that multiple accounts are identified for a single individual, the surplus accounts will be subject to suspension and subsequent removal. This action will result in the forfeiture of all associated gaming progress and content.
3.1.3. To create an account, you will need to provide this information:
3.1.3.1. Enter your age - you have to be at least 18 years old; 
3.1.3.2. Enter a valid email address and secure password;
3.1.3.3. You must agree with our Terms of Use and all documents which are an integral part of the Terms of Use, Privacy Policy, (please see paragraph 1.2.);
3.1.4. To participate in Game, you must have residency in one of the following countries:

3.2. Gameplay Mechanics

3.2.1. Your main task in Poffi’s Factory is to create a Product. 
3.2.2. To start creating a Product, you must:
3.2.2.1. choose a Factory and make a purchase of Workshop which depends on cost (please see paragraph 3.2.4. below);
3.2.2.2. need to invite a minimum of 3 other players, using a unique Workshop invitation key;
3.2.3. You have the option to purchase additional days. If you require more time to complete a task, you have the option to purchase additional days. (please see paragraph 3.3.8. below). 
3.2.4. For completing the task Player will receive the reward. Rewards are fixed and depend on the chosen factory. Factory prices and rewards:

3.2.5. Player has to claim the reward no later than in 90 days from the day, when the Product has been completed.
3.2.5.1. If the reward is not claimed in 90 days, the full amount of the reward will be lost without recovery options.

3.3. Payments 

3.3.1. You can participate in the Game after creating an account for it without paying any registration fee. However, if available you may avail yourself of Digital Content in the Game by purchasing with real money of a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to use:
3.3.1.1. gems (virtual money);
3.3.1.2. in-game items (additional gameplay time);
3.3.2. The Purchase of Digital Content can be undertaken by using the payment methods offered by the Company involving authorised Payment Agents.
3.3.3. Digital Content may be purchased while playing the Game and pressing the “Buy” button. Before you confirm your purchase by clicking on the “Buy” button (or equally conspicuously labelled button concluding the purchase process), or by fulfilling another action required, you will have the opportunity to review your purchase details, i.e. the particular Virtual Items including its amount, if applicable, and respective total price including all taxes, and to correct any errors. By clicking the “Buy” button (or the equally conspicuously labelled button concluding the purchase process), or by fulfilling another action required (e.g. sending a message, etc.), you are sending an order to us to purchase the confirmed amount and type of Digital Content. If you have provided valid payment details within your Account, your order will be processed.  You will be notified of our acceptance or denial of your order by us on your screen within a few minutes from the moment of clicking the “Buy Now” button (or the equally conspicuously labelled button concluding the purchase process) or fulfilling the respective other action required (e.g. sending a message, etc.). In case we accept your order, we will directly thereafter credit the purchased Digital Content to your Account and we will charge you via the selected payment method. The Company will confirm the purchase with a separate confirmation email containing the details of the purchase.
3.3.4. Poffi's Factory offers in-game purchases, as such, you are required to provide your financial information relevant to the chosen payment method, in some cases, you may be requested to provide your credit card details. Please note that any in-game payments will be processed by third-party payment system. As such, we will not be responsible for processing or retaining any of your financial information. Third-party payment system will handle all of your financial information per their respective Terms of Use, and you agree to comply with such Terms of Use.
3.3.5. Poffi’s Factory has virtual currency such as gems (“Virtual Money"), items or services for use with our Game (“Virtual Goods"). You agree that once purchased Virtual Money, Virtual Goods have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Money, Virtual Goods are not transferable to anyone else and you will not transfer or attempt to transfer any Virtual Money, Virtual Goods to anyone else.
3.3.6. You do not own Virtual Goods, Virtual Money but instead you purchase a limited personal revocable licence to use them - any balance of Virtual Goods and/or Virtual Money does not reflect any stored value.
3.3.7.You agree that all sales by us to you of Virtual Money and/or Virtual Goods are final, that we will not refund any transaction once it has been made. 
3.3.8. In Poffi’s Factory is available to purchase additional gameplay time to complete the product - additional days. The price for this in-app purchase may vary. Please check the in-game shop for more information.

3.4. Account verification

3.4.1. Please note that players who achieve certain criteria within the game will be eligible for payouts. To receive such payouts, players must successfully complete an Identity verification check through our third-party verification partner.
3.4.2. To ensure a seamless payout process you will need to provide your bank account details and residential address. 
3.4.3. In some cases Keittech SIA may ask for additional information to verify your provided information. Information that can be requested: 
3.4.3.1. bank statement, issued no more than 30 days prior, to confirm ownership of the submitted bank account;
3.4.3.2. utility bill that verifies your residency address. The utility bill must be issued within the last 30 days to be considered valid;
3.4.3.3. Keittech SIA has the right to suspend the payouts until requested information will be submitted;
3.4.3.4. Player has to provide requested documents no later than in 30 days from the day, when Poffi’s Factory team has requested it;
3.4.3.5.Keittech SIA has the right to suspend payouts, if requested documents are not provided in 30 days;
3.4.4. You are fully responsible for the information submitted during the verification process.
3.4.5. If there will be incorrect information during the verification, you may not receive the payout. In such case you should contact our support team.All personal information is collected and stored according to Keittech SIA privacy policy, which is part of these terms.

4. Limitations of Use

4.1. By using Poffi’s Factory and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Use, and your users that you will not:
4.1.1. modify, copy, prepare derivative works of, decompile, or reverse engineer Poffi’s Factory or any materials and software contained within Poffi’s Factory or on our website;
4.1.2. remove any copyright or other proprietary notations from Poffi’s Factory or any materials and software contained within Poffi’s Factory or on our website;
4.1.3. transfer Poffi’s Factory or any of its associated materials to another person or “mirror” the materials on any other server;
4.1.4. knowingly or negligently use Poffi’s Factory or any of its associated services in a way that abuses or disrupts our networks or any other service Keittech SIA provides;
4.1.5. use Poffi’s Factory or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
4.1.6. use Poffi’s Factory or its associated services in violation of any applicable laws or regulations;
4.1.7. use Poffi’s Factory or its associated services while under the age of majority;
4.1.8. use Poffi’s Factory to send unauthorised advertising or spam;
4.1.9. harvest, collect, or gather user data without the user’s consent; 
4.1.10. use Poffi’s Factory or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

5. Intellectual Property

5.1. The intellectual property in the materials in Poffi’s Factory and on our website are owned by or licensed to Keittech SIA and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
5.2. This constitutes the grant of a licence, not a transfer of title. This licence shall automatically terminate if you violate any of these restrictions or these Terms of Use and may be terminated by Keittech SIA at any time.

6. Liability

6.1. Poffi’s Factory and the materials in Poffi’s Factory and on our website are provided on an 'as is' basis. To the extent permitted by law, Keittech SIA makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
6.2. In no event shall Keittech SIA or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use Poffi’s Factory, our website, or any other services provided by Keittech SIA or the materials in Poffi’s Factory, even if Keittech SIA or an authorised representative has been notified, orally or in writing, of the possibility of such damage.
6.3. In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
6.4. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

7. Tax Reporting and Compliance

7.1. Keittech SIA is committed to full legal compliance, which includes accurately reporting income paid to players and remitting the appropriate taxes. Players acknowledge that Keittech SIA will report payouts as income to the relevant tax authorities, as required by law.
7.2. Keittech SIA handles tax obligations for residents in Latvia. However, you are responsible for any taxes that may apply in your own country of residence.

8. Accuracy of Materials

8.1. The materials appearing in Poffi’s Factory are not comprehensive and are for general information purposes only. To the extent permitted by law, Keittech SIA does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in Poffi’s Factory, or otherwise relating to such materials or on any resources linked to Poffi’s Factory. You should not rely solely on the said materials to make decisions, we advise you to consult other, more complete sources of information. You are solely responsible for the strict reliance on the materials posted on Poffi’s Factory. We have the right to change the in-game information without prior notice and users are responsible to monitor said changes. Please note that any historical information present is provided for reference only.

9. Additional Tools

9.1. Please note that our game may include third-party tools which are outside of our control. The access to said tools is provided on an 'as is' basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of third-party in-game tools. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider’s Terms of Use. Keittech SIA has the right to offer new third-party tools in the future.

10. Links

10.1. Keittech SIA has not reviewed all of the sites linked to Poffi’s Factory or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Keittech SIA of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

11. Inaccuracies and Mistakes

11.1. Please note that any in-game content may contain typographical errors, inaccuracies, or mistakes related to the service's description and availability. We have the right to cancel or update any existing services should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obligated to clarify any of the information related to our service.

12. Service Availability

12.1. Please be aware that Poffi’s Factory, while generally accessible, may have periods of unavailability. We reserve the right to disable the service from time to time to perform necessary tasks such as scheduled backups, maintenance, or system upgrades, aimed at enhancing your user experience and ensuring the optimal performance of the game.
12.2. Although we strive to notify our users in advance of any substantial downtime, please understand that some situations may necessitate urgent maintenance. In such extreme cases, we may need to disable the service immediately and without prior notice. We appreciate your understanding and patience during these periods, as we work diligently to ensure the consistent quality and reliability of Poffi’s Factory.

13. Indemnification

13.1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) use of the game; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; or (5) your violation of the rights of a third party, including but not limited to intellectual property rights.
13.2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

14. Right to Terminate

14.1. We may suspend or terminate your Poffi’s Factory account and right to use Poffi’s Factory and these Terms of Use immediately upon written notice to you for any breach of these Terms of Use.

15. Severance

15.1. Any term of these Terms of Use which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Use is not affected.

16. Entire Agreement

16.1. These Terms of Use and any policies or operating rules posted by us on the website or with respect to the website or game constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. 
16.2. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the game. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

17. Governing Law

17.1. These Terms of Use are governed by and construed in accordance with the laws of Latvia. You irrevocably submit to the exclusive jurisdiction of the courts in that location.