Abella Games Terms of Service

Last Updated: 2025-05-22

Governing Agreement

The terms of this agreement (“Terms of Service” or “Terms”) govern the relationship between you and Abella Games (hereinafter “Abella Games,” “Us,” or “We”) regarding your use of Abella Games’ game and related services, which include applications for mobile devices and the Abella Games-branded website: abella.games and any future websites created by Abella Games (collectively, the “Service”). “Abella Games” includes all affiliated entities under common ownership or control.

Privacy Policy

Use of the Service is also governed by the Abella Games Privacy Policy, which is incorporated herein by reference. Your privacy is important to us. We designed the Abella Games Privacy Policy to provide clear disclosures about how we collect and use your information, and how you can manage that information through your use of the Service. We encourage you to read the Abella Games Privacy Policy carefully and use it to make informed decisions.

By creating an account or accessing or using the Service, you accept and agree to be bound by these Terms of Service and consent to the collection, use, and storage of your information as outlined in the Abella Games Privacy Policy. If at any point you do not agree to the then-current version of our Terms of Service, the Abella Games Privacy Policy, or any other policy, rule, or code of conduct relating to your use of the Service, your license to use the Service will immediately terminate, and you must stop using the Service.

Grant of a Limited License to Use the Service

Subject to your agreement and continued compliance with these Terms of Service and any other applicable Abella Games policies, Abella Games grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Service via a supported mobile device solely for your own personal, non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

You understand that while you may at times “earn” or “purchase” (a) virtual currency (such as coins or points) or (b) virtual in-game items, collectively referred to as “Virtual Items”, these terms are used for convenience only. You do not own these Virtual Items, nor do they have any real-world monetary value. Instead, you are granted a limited license to use them within the game. Any balance of virtual currency in your account represents a measurement of the scope of your license and not a cash value or stored credit.

Accessing the Service

By accessing or using the Service, including visiting abella.games or launching the Donut Match game (the “Service”), you agree to be bound by these Terms of Service and the Privacy Policy. You may also be required to register an account (“Account”), use a valid account with your mobile device’s app store, or link with a third-party service, if applicable. You confirm that you are not prohibited from receiving U.S. or Canadian-origin software or services. If you are under 18, you represent that your legal guardian has reviewed and accepted these Terms.

You are responsible for providing the necessary hardware, software, and internet or mobile access required to use the Service. All related charges, such as data or connectivity fees, are your responsibility.

Use of the Service

The following restrictions apply to the use of the Service:

  • You must be at least 13 years old to create an Account or use the Service.
  • You are responsible for monitoring your Account and preventing access by children under 13. You accept responsibility for any use of the Service or purchases made by minors using your Account.
  • You may not create more than one Account per platform, use false information, or create an Account on behalf of another person.
  • You may not use the Service if you have been convicted of a sex offense or any crime involving minors.
  • You may not use the Service if you were previously banned or removed from any Abella Games service.
  • You may not use the Service if you are located in a country embargoed by Canada or the United States, or if you are on any restricted government list (e.g., U.S. Specially Designated Nationals).
  • Your Account must be used only for personal, non-commercial purposes.
  • You may not use your Account to advertise or distribute unsolicited messages or commercial content.
  • You must not engage in any illegal activity through the Service.
  • You may not transfer, sell, rent, lease, gift, or sublicense your Account or Virtual Items without written permission from Abella Games.
  • You may not use or access any Account or Virtual Items that have been transferred in violation of these Terms.
  • If you access the Service via a third-party platform (such as an app store or social media service), you must also comply with their terms of service.

Account Information

When creating or updating an Account with Abella Games, you may be asked to provide certain personal information such as your name, birth date, email address, and, if applicable, payment details. This information will be handled in accordance with the Abella Games Privacy Policy and any just-in-time notices provided at the time of collection. You agree to provide accurate, complete information and update it if it changes.

Please note that your username and profile image may be publicly visible and indexed by search engines.

Abella Games may send you emails about game updates, promotions, or important notices. You can opt out of such communications at any time.

Username and Password

During the Account creation process, you may need to set a password (“Login Information”). The following rules apply to keep your account secure:

  • Do not share your Account or Login Information, or allow others to access your Account.
  • If you suspect any security breach—such as loss, theft, or unauthorized use—you must promptly notify Abella Games and update your Login Information.
  • You are fully responsible for keeping your Login Information confidential and for all activity on your Account, whether authorized or not.
  • You are accountable for all actions taken through your Account.

Abella Games reserves the right to remove or reclaim any username at its sole discretion, including in cases of third-party rights violations.

In game Currency Purchases

You may purchase virtual, in-game currency (e.g., coins) using real money. These transactions are handled by our payment providers (such as Google Play or Apple App Store), and Abella Games is not a direct party to the financial transaction. By making such purchases, you agree to the respective payment provider’s terms and conditions. Purchasing or using virtual items does not grant you ownership of any intellectual property and the items are only usable within Abella Games platforms, such as the Donut Match game.

Premium Membership

Donut Match offers an optional Premium Membership subscription available for purchase with real money. This is a recurring monthly subscription managed through your device's app store (Apple App Store or Google Play Store).

Key Terms:

  • Payment Processing: All transactions are handled by the respective app store platform. Abella Games is not a party to these transactions.
  • Subscription Terms: By purchasing, you agree to the app store's terms for recurring payments.
  • Cancellation: You may cancel auto-renewal at any time through your app store account settings. Benefits will continue until the end of your current billing period.
  • Activation: Premium benefits may take up to 15 minutes to activate after purchase.
  • Non-Transferable: Membership is tied to your account and cannot be transferred.

Your subscription will automatically renew unless canceled at least 24 hours before the end of the current period. Any unused portion of a free trial period will be forfeited upon subscription purchase.

Rules of Conduct/Usage

Communications within the Service

The Game may provide communication channels such as forums, communities, or chat areas (“Communication Channels“) designed to enable you to communicate with other Game users. Abella Games has no obligation to monitor these communication channels for any purposes but it may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials (including without limitation User Content as the term is defined herein), at any time, with or without notice for any reason, at its sole discretion. Abella Games may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that any User Content (including without limitation chats, postings, or materials posted by users) on the Communication Channels is neither endorsed nor controlled by Abella Games. Abella Games will not under any circumstances be liable for any activity within Communication Channels.

You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. Abella Games is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.

As a condition of your use of the Service, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Services.

In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:

  • post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable
  • defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable
  • upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Game or other users’ computers
  • violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Game in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)
  • attempt to obtain passwords or other private information from other members
  • improperly use support channels or complaint buttons to make false reports to Abella Games
  • develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software program or applications in violation of the applicable License Agreements
  • exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage
  • violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service.

These rules of use are not meant to be exhaustive, and Abella Games reserves the right to determine what conduct it considers to be a violation of the Terms or improper use of the Service and to take action up to and including termination of your account and exclusion from further participation in the Game.

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted herein, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY Abella Games GAME IS A VIOLATION OF Abella Games POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

Rules of Conduct/Usage

You agree that you will not, under any circumstances:

  • Engage in any act that Abella Games deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics, or policies;
  • Make improper use of Abella Games’ support services, including by submitting false abuse reports or using profane and abusive language in communications with our support personnel;
  • Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
  • Use cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Service or any Abella Games game experience;
  • Use the Service to design, develop, or distribute cheats, automation tools, bots, hacks, mods, or other unauthorized third-party software intended to alter or disrupt the Service or any Abella Games experience;
  • Modify or attempt to modify any files that are a part of the Service without Abella Games’ express written permission;
  • Disrupt, overburden, or assist in the disruption or overburdening of any server, system, or cloud environment used to offer or support the Service or any Abella Games game (each a "Server"); or interfere with the enjoyment of the Service by any other user;
  • Launch, assist, or participate in any kind of attack on the Service, including distribution of viruses, denial of service (DoS) attacks, or other efforts to disrupt the Service or other users' experiences;
  • Attempt to gain unauthorized access to the Service, accounts belonging to other users, or to any servers, systems, or networks connected to the Service through means not provided by Abella Games, including the circumvention or modification of security mechanisms;
  • Post or distribute content that is abusive, threatening, obscene, defamatory, libelous, or offensive on the basis of race, gender, religion, nationality, or otherwise;
  • Post or distribute content that contains nudity, excessive violence, or offensive subject matter, or links to such content;
  • Harass, abuse, or harm, or encourage others to harass, abuse, or harm another user or any Abella Games employee, including customer service representatives;
  • Distribute any content or material that infringes on copyrights, trademarks, patents, trade secrets, privacy rights, publicity rights, or other rights of any individual or entity, or impersonates another person, including an Abella Games employee;
  • Use the Service for any commercial purpose without Abella Games’ prior written consent, including but not limited to promoting advertisements, selling virtual items, or facilitating transactions outside the Service;
  • Use the Service to offer in-game services such as power-leveling or item farming in exchange for payment outside of the Service;
  • Transmit unauthorized communications including spam, junk mail, chain letters, phishing attempts, or materials promoting malware or spyware;
  • Interfere or attempt to interfere with the proper functioning of the Service or access it in any way not explicitly permitted by these Terms;
  • Use unauthorized third-party software that accesses, collects, or intercepts data from the Service or that is in transit to or from the Service, including programs that monitor memory or network traffic;
  • Intercept, analyze, or monitor any proprietary communication protocol used by the Service, a Server, or any client, whether via packet sniffing tools or otherwise;
  • Use any automated system or perform actions that, in our sole discretion, place an excessive or unreasonable load on our infrastructure;
  • Bypass or circumvent any measures we use to restrict access to the Service, or use bots, spiders, crawlers, or other tools to scrape, harvest, or extract data from the Service;
  • Use or maintain any unauthorized connection to the Service, including connections to emulated servers or those using tools not explicitly approved by Abella Games;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software or intellectual property used to provide the Service, unless expressly permitted by law;
  • Copy, distribute, or modify content from the Service, or use any method to infringe on Abella Games’ copyrights or trademarks;
  • Solicit or attempt to solicit personal information from other users of the Service;
  • Collect or post private information of any person through the Service, including identifiable personal, financial, or legal data;
  • Upload or attempt to upload, without Abella Games’ express permission, any passive or active data collection mechanisms including web bugs, tracking pixels, cookies, or similar tools (collectively known as "spyware" or "passive collection mechanisms").

Listing Conditions

The Services may allow you to list Virtual Items for transfer to other users within the Service. Such transfers may include, without limitation, use of an in-game brokerage system operated by Abella Games (the “Auction House”) and/or direct transfers between users (the “Secondary Market”). Regardless of whether you utilize the Auction House or the Secondary Market, you agree to the following:

  • You represent and warrant that the Virtual Item being listed was not obtained through fraudulent or deceitful means.
  • All listings must be accurate and truthful.

When you transfer a Virtual Item through the Auction House, Abella Games will collect a predetermined amount of virtual currency as a transaction fee. It is your sole responsibility to ensure that you list the correct Virtual Item(s) and assign an appropriate price. Abella Games assumes no responsibility or liability for incorrectly listed or mispriced Virtual Items, and you acknowledge that you will have no recourse against Abella Games in the event of such errors. The applicable transaction fee is displayed prior to finalizing the transfer, and all deductions of virtual currency are final—no refunds or exchanges will be provided.

Transfers of Virtual Items through the Secondary Market are conducted entirely at your own risk. Abella Games does not oversee or facilitate these transactions. You are solely responsible for ensuring the accuracy of your listings and pricing. Abella Games assumes no responsibility or liability for any errors or disputes, and you will have no recourse against us in the event of mislisting, mispricing, or failure to complete a transaction. You bear the full risk of partial payment, non-payment, or loss of Virtual Items when transacting with other users through the Secondary Market.

Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, ABELLA GAMES MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR ABELLA GAMES SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU MAY LOSE YOUR USERNAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS, AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND ABELLA GAMES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR CONSEQUENCES.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES, WEBSITES, CONTENT, SERVICES, AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THEY ARE CREATING RISK OR POTENTIAL LEGAL LIABILITIES, INFRINGING ON THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, WE MAY SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO ARE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

Abella Games reserves the right to stop offering and/or supporting the Service, or any particular game or part of the Service, at any time either temporarily or permanently, at which point your license to use the Service or part thereof will be automatically suspended or terminated. In such cases, Abella Games will not be obligated to provide any refunds, benefits, or other compensation in connection with discontinued elements of the Service.

Termination of your account may include disabling your access to the Service or any part thereof, including any content you have submitted or that others have submitted.

You may cancel any account registered to you at any time by contacting us at info@hexaiq.com.

Ownership

Games and Service

The Service (including, without limitation, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of gameplay using an Abella Games game client, and the Abella Games game clients and server software) are copyrighted works owned by Abella Games Inc. Abella Games reserves all rights, including, without limitation, all intellectual property and proprietary rights, in connection with the Service. This includes our websites such as abella.games and any other websites operated by or developed in the future by Abella Games (collectively, the “Service”).

Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ABELLA GAMES. GENERALLY, GAME OR OTHER ACCOUNTS CREATED WITH ABELLA GAMES WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

Virtual Items

Abella Games owns, has licensed, or otherwise has rights to use all of the content that appears within the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including, without limitation, Virtual Items appearing or originating in any Abella Games game—whether “earned” in-game or “purchased” from Abella Games—or any other attributes associated with an Account or stored on the Service.

Abella Games strictly prohibits and does not recognize any transfers of Virtual Items made outside the Service or any sale, gifting, or trading of in-game items for real-world value, unless explicitly authorized in writing by Abella Games. Therefore, you may not sublicense, trade, sell, or attempt to sell Virtual Items for real-world currency, or exchange them for any other value outside the Service without our express written consent. Any such transfer or attempted transfer is prohibited, considered null and void, and may result in the termination of your Account.

User Content

“User Content” means any communications, images, sounds, and all other material, data, and information that you upload or transmit through an Abella Games game client or the Service, or that other users upload or transmit, including without limitation any chat text.

By transmitting or submitting any User Content while using the Service, you affirm, represent, and warrant that such transmission or submission is: (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions, the Service rules of conduct, or any third party rights, and that you have obtained permission from any third party whose personal information or intellectual property is included in the User Content; (c) free of viruses, adware, spyware, worms, or other malicious code; and (d) you acknowledge and agree that any personal information contained in your User Content will be processed by Abella Games in accordance with our Privacy Policy (or as otherwise posted on our site).

You retain ownership of your User Content. However, you hereby grant Abella Games Inc. and its affiliates a perpetual, irrevocable (except as outlined below), worldwide, fully paid-up and royalty-free, non-exclusive, unrestricted license — including the right to sublicense and assign to third parties — to use your User Content. This includes the rights to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or otherwise make your User Content available electronically or by any other means — in connection with the Service and any marketing or promotion related to the Service.

To the extent permitted under applicable laws, you also waive any moral rights you may have in any User Content submitted through the Service.

The license you grant Abella Games for your User Content (excluding content submitted in response to promotions, contests, or specifically solicited content) terminates when you delete your User Content or close your Account—unless your content has already been shared with other users who have not deleted it. However, you acknowledge that deleted content may continue to exist in backup copies for a reasonable period of time.

User Content

Public Discourse & Unsolicited Ideas

The Service may include various forums, blogs, and chat features where you can post User Content, including your observations and comments on designated topics. Abella Games cannot guarantee that other users will not use or misappropriate the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Service. Abella Games is under no obligation to evaluate, use, or compensate you for any ideas or information you may choose to submit.

If you submit suggestions, proposals, comments, or other materials (collectively, “Submissions”) within the Service, you understand and agree that Abella Games:

is not obligated to treat your Submissions as confidential;

is not obligated to return your Submissions or respond in any way; and

may use your Submissions for any purpose, in any way, without notice or compensation to you.

ABELLA GAMES IS NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN FORUMS, BLOGS, CHAT ROOMS, OR SHARE IN PRIVATE MESSAGES.

Responsible For Your Own Content

You are solely responsible for the information, data, and content that you post on, through, or in connection with the Service, as well as anything you provide to other users.

Information, materials, products, or services posted or provided by other users (for example, in profiles or user content) may, in whole or in part, be unauthorized, impermissible, or otherwise violate these Terms of Service. Abella Games assumes no responsibility or liability for such material. If you become aware of misuse of the Service by any user, please report it using any available “Report Abuse” feature or by contacting us directly at info@hexaiq.com.

Abella Games reserves the right, in its sole discretion, to reject, refuse to post, or remove any User Content at any time and for any reason, including content that may violate these Terms of Service.

We may also limit the amount of storage associated with User Content that you post in connection with the Service.

Disclosure

Your information, including the content of your online communications (such as chat, voice data, IP addresses, and personal details), may be accessed or monitored as necessary to operate the Service and may be disclosed in the following circumstances:

  • If required to comply with legal obligations (e.g., subpoenas, court orders, or search warrants);
  • To comply with applicable laws or regulations;
  • If we believe the Service is being used to commit a crime or unlawful act;
  • In cases of emergency, where we believe there is a threat to the safety of any person or the public; or
  • To protect the rights or property of Abella Games, including enforcement of our Terms of Service.

By using the Service, you give your irrevocable consent to such access, monitoring, and disclosure, as outlined above. For more on how we handle personal information, see our Privacy Policy.

Member Disputes

You are solely responsible for your interactions with other users of the Service and with any other parties you engage with through the Service or games provided by Abella Games. While we reserve the right to monitor and intervene in disputes at our discretion, we have no obligation to do so.

Release

If you have a dispute with one or more users, you release Abella Games (and our officers, directors, agents, affiliates, subsidiaries, joint ventures, and employees) from all claims, demands, and damages—whether actual or consequential—arising out of or in any way related to such disputes. This includes damages for lost profits, goodwill, use, or data.

If you are a resident of California, you waive California Civil Code 1542, which states:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."

FEES AND PURCHASE TERMS

Purchases

The Game may provide opportunities to purchase virtual currency (“Virtual Currency”) or digital goods (“Virtual Items”) using real-world money.

All purchases of Virtual Currency and Virtual Items are final and non-refundable, non-exchangeable, and non-transferable, except at the sole discretion of Abella Games.

You may not purchase, sell, trade, or exchange Virtual Currency or Virtual Items outside of the Game. Any such activity violates these Terms and may lead to suspension or termination of your account, as well as potential legal action.

You may license Virtual Items by completing the purchase process in-game or on our website, which may include:

  • Visiting the purchase screen;
  • Providing valid billing details;
  • Confirming your order; and
  • Reaffirming your agreement to these Terms.

After your purchase is complete, we may send you a confirmation email detailing the items acquired. Please review this email carefully and retain a copy for your records. Abella Games keeps purchase records to help resolve any questions related to transactions.

Your license to use Virtual Items begins once the items are delivered to your account or your payment is successfully processed—whichever occurs first. These Virtual Items are licensed, not sold, and may only be used within our Games in accordance with these Terms.

If you reside in the European Union, you may have the legal right to cancel your purchase within seven calendar days of completing it (the “Cooling-Off Period”). However, you lose this right if the Virtual Items are made available to you before the Cooling-Off Period ends. By completing your purchase, you agree that Abella Games may begin providing the service immediately, and that you waive your right to withdraw once performance has started.

Payment of Fees

You agree to pay all fees and any applicable taxes incurred by you or anyone using an account registered to you. Abella Games reserves the right to adjust pricing for any goods or services offered through the Service at any time, with or without prior notice.

YOU ACKNOWLEDGE AND AGREE THAT ALL PURCHASES ARE FINAL. ABELLA GAMES IS UNDER NO OBLIGATION TO PROVIDE REFUNDS FOR ANY REASON, including but not limited to unused or remaining Virtual Items, whether your account is closed voluntarily or involuntarily. No monetary or other compensation will be issued for unused Virtual Items upon account suspension, termination, or closure.

THIRD PARTY ADVERTISING

Third Party Advertisements

You understand that the Service and games provided by Abella Games may include advertisements from Abella Games or third-party partners. The collection and use of information for third-party advertising purposes is outlined in our Privacy Policy.

Abella Games may include links within the Service to third-party websites or vendors, which may offer you promotional incentives or rewards (such as virtual currency) in exchange for your participation. Any costs or obligations incurred through these interactions are solely your responsibility.

Abella Games does not guarantee, endorse, or make any representations about the content, products, or services offered by third parties, even if linked to or from our Service. These third-party sites operate independently and may collect or request personal information. We are not responsible for their content, privacy practices, or data handling policies.

The presence of any such links does not imply endorsement by Abella Games. You access third-party websites at your own risk.

It is Abella Games’ policy to respond to notices of alleged copyright infringement that comply with the requirements of the Digital Millennium Copyright Act (“DMCA”). Abella Games reserves the right to terminate, without notice, access to the Service for any user deemed, in our sole discretion, to be a “repeat infringer.” Additionally, Abella Games respects and does not interfere with standard technical measures used by copyright holders to protect their content.

UPDATES TO THE SERVICE

You understand and acknowledge that the Service is continuously evolving. Abella Games may, from time to time, require you to accept updates to the Service and any Abella Games applications you have installed on your device. These updates may be provided with or without prior notice. You may also be required to update third-party software to continue using the Service and playing Abella Games titles.

DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION

DISCLAIMER OF WARRANTIES

You expressly agree that your use of the Service is at your sole risk and that the Service is provided “as is” and “as available,” without warranties of any kind, either express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, except to the extent such warranties cannot be disclaimed under applicable law (in which case any legally required warranty period will be limited to the shorter of thirty (30) days from first use or the minimum period required by law).

Without limiting the foregoing, neither Abella Games nor its affiliates, subsidiaries, directors, employees, agents, attorneys, licensors, licensees, content providers, or distributors (collectively, “Abella Parties”) warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

LIMITATIONS; WAIVERS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE ABELLA PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND—INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES—ARISING FROM OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).

You specifically acknowledge and agree that the Abella Parties are not liable for the conduct of third parties, including other users of the Service and operators of third-party sites or services, and that the risk of using the Service and external websites rests entirely with you.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE ABELLA PARTIES TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO ABELLA GAMES IN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE YOUR CLAIM AROSE, OR (B) ONE HUNDRED DOLLARS ($100).

IF YOU HAVE NOT PAID ABELLA GAMES ANY AMOUNT IN THE 180 DAYS IMMEDIATELY PRIOR TO THE DATE YOUR CLAIM AROSE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE AND CANCEL YOUR ACCOUNT.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. In such cases, some of the above limitations may not apply to you. Nothing in these Terms shall limit or exclude liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

Indemnification

You agree to indemnify, defend, and hold harmless Abella Games, its parent, subsidiaries, affiliates, contractors, licensors, partners, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, losses, damages, costs, or expenses (including legal fees) arising from: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) any violation of applicable law or the rights of any third party; or (d) any content or data you submit through the Service.

Abella Games reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Abella Games in the defense of any such claim. Abella Games will use reasonable efforts to notify you of any such claim, action, or proceeding as soon as it becomes aware of it.

These indemnification obligations will survive the termination of your account and/or your use of the Service.

DISPUTE RESOLUTION

General

If a dispute arises between you and Abella Games, our goal is to provide you with a neutral, efficient, and cost-effective way to resolve the issue. Accordingly, you and Abella Games agree to resolve any claim or controversy at law or equity that arises out of or relates to these Terms or the Service (a "Claim") in accordance with the subsections below, or as otherwise mutually agreed in writing. Before pursuing formal dispute resolution, we strongly encourage you to contact our Customer Support team to seek an informal resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution mechanisms, such as mediation or arbitration, rather than litigation.

By using the Service, you agree that the laws of the Province of Ontario and the federal laws of Canada applicable therein—without regard to conflict of law principles—will govern these Terms and any dispute between you and Abella Games. You further agree that any legal action or proceeding arising under these Terms or your use of the Service shall be brought exclusively in the courts located in Toronto, Ontario. You waive any objection based on lack of jurisdiction or inconvenient forum with respect to venue and jurisdiction in such courts.

Arbitration Option

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of damages sought is less than USD $15,000, either party may elect to resolve the dispute in a cost-effective manner through binding arbitration conducted by a mutually agreed-upon alternative dispute resolution ("ADR") provider. The arbitration process shall comply with the following:

It may be conducted by telephone, online, or solely based on written submissions, with the form to be chosen by the party initiating arbitration;

No in-person appearance shall be required unless otherwise agreed;

The arbitrator’s decision shall be final and may be entered in any court of competent jurisdiction.

Improperly Filed Claims

All claims you bring against Abella Games must be resolved in accordance with these Terms. Any claim filed contrary to these Terms will be considered improperly filed. If you file a claim improperly, Abella Games may recover legal fees and costs up to USD $10,000, provided that we notify you in writing of the improperly filed claim and you fail to promptly withdraw the claim.

SEVERABILITY

If any part of these Terms of Service or the Abella Games Privacy Policy is found to be invalid or unenforceable by a court of competent jurisdiction, that portion shall be severed only to the extent necessary, and the remainder shall remain in full force and effect.

GENERAL PROVISIONS

Assignment

Abella Games may assign or delegate these Terms and the Abella Games Privacy Policy, in whole or in part, to any person or entity at any time with or without notice to you. You may not assign or delegate any rights or obligations without prior written consent from Abella Games. Any unauthorized assignment is null and void.

Supplemental Policies

Abella Games may publish additional policies regarding specific services (e.g., mobile apps, contests, community guidelines). These policies are part of and subject to these Terms of Service.

Entire Agreement

These Terms, including the Abella Games Privacy Policy and any documents expressly incorporated by reference, constitute the entire agreement between you and Abella Games concerning the Service. They supersede any prior agreements, understandings, or communications—whether oral, written, or electronic.

Language of the Terms of Service

If these Terms or related policies are translated into another language, the English version will govern in case of any conflict or inconsistency.

No Waiver

The failure of Abella Games to enforce any provision of these Terms shall not constitute a waiver of future enforcement of that or any other provision. A waiver of any provision shall be effective only if in writing and signed by an authorized representative of Abella Games.

Notices

We may notify you via our website (www.abella.games), email, or any contact information you’ve provided. All legal notices to Abella Games must be sent in writing to: info@hexaiq.com.

Equitable Remedies

You acknowledge that any breach of these Terms may cause irreparable harm to Abella Games, for which monetary damages would be inadequate. In such cases, Abella Games shall be entitled to seek injunctive or equitable relief without the requirement of posting bond or proving actual damages. You waive any right to seek injunctive or equitable relief, including any attempt to enjoin or restrain operation of the Service or any related content, and agree your sole remedy is monetary damages, limited as described herein.

Force Majeure

Abella Games shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, civil unrest, labor shortages, transportation disruptions, utility outages, or government actions.

Updates to the Terms of Service and Abella Games Privacy Policy

Abella Games reserves the right to modify these Terms or the Privacy Policy at any time by posting updated versions via the Service or on our website. You may also receive notice through email or in-app messaging. Continued use of the Service after changes become effective constitutes your acceptance of those changes. If you disagree with the changes, your only remedy is to stop using the Service and close your account.

If any conflict arises between these Terms and other policies, rules, or codes of conduct issued by Abella Games, these Terms and the Privacy Policy shall take precedence.

Abella Games Terms of Service Last Updated May 2025