Terms and Conditions

Introduction

Welcome to Kokomo Games https://kokomo.games/ (Website).

This Website is operated by Kokomo Games, which along with its associated entities and each of the directors, shareholders, affiliates, or employees (as appropriate), are referred to as "Kokomo", "Company", "we", "us", or "our".

These Terms constitute an agreement legally binding between you and the Company. Please read the terms and conditions contained in this document (Terms) carefully before you use our Website, which contains games, products, and services we offer (Services).

Acceptance of these Terms

Our Website and Services are only available to you upon acceptance of these Terms.

If you do not agree and/or accept any of these Terms, then you are expressly prohibited from using our Website and Services and you must discontinue use immediately.

You acknowledge that we may update, revise, amend, modify, add to, or delete certain parts of these Terms at our discretion from time to time. All activities and transactions performed by you using our Website and Services in any manner will be subject to the latest version of these Terms. Your ongoing use of our Website and Services after the amendments are published indicates your agreement to the latest amendments.

It is your responsibility to periodically review these Terms to stay informed of any updates.

1. Early Access Phase

Kokomo Games is currently in an Early Access phase. The Platform and all associated features are under active development and testing.

By using the Platform during Early Access, you acknowledge and accept:

• The Platform may experience downtime, bugs, errors, or unexpected behaviors
• Game balance, scoring systems, and prize structures may be adjusted without notice
• Leaderboards or user data may be reset during development if necessary
• Tournament results may be delayed or require manual verification in some cases
• Features may be added, modified, or removed without prior notice
• Performance and functionality may not be fully optimized

The Company is not liable for: Interrupted access, game unavailability, or service outages; Lost gameplay data or unrewarded performance due to technical issues; Changes to game mechanics, scoring, or prize structures during Early Access; Any losses, missed opportunities, or damages arising from platform instability or development changes; Delays in prize distribution or leaderboard updates.

2. Eligibility to Use the Services

2.1 Age Requirement

The Services are available to users of legal age in your country of residence. If you are under the legal age in your country of residence, your parent or legal guardian must consent to these Terms before you can use our Services.

2.2 Geographic and Jurisdictional Restrictions

The Platform is not available to residents or persons located in the following restricted jurisdictions:

Prohibited Jurisdictions: United States and its territories; Afghanistan, Belarus, Burundi, Central African Republic, Cuba, Democratic Republic of the Congo, Iran, Iraq, Libya, Myanmar, North Korea, Somalia, South Sudan, Sudan, Syria, Venezuela, Yemen, Zimbabwe

2.3 Self-Custodial Wallet Requirement

To participate in paid tournaments and receive prizes, you must have a self-custodial wallet. When you create an account using social login (email, Google, etc.), our third-party authentication provider (ThirdWeb) automatically generates a self-custodial wallet for you.

Important: Your wallet is self-custodial, meaning you control the private keys. The Company does NOT have access to your private keys or seed phrase and CANNOT recover your wallet if you lose access.

2.4 Account Requirement

You may be required to register or have a valid user account to access the Services. Each account is tied to a unique wallet address - one wallet = one account. You must not create multiple accounts.

3. Authentication and Third-Party Wallet Services

The Platform uses ThirdWeb for user authentication and wallet management. ThirdWeb is a third-party service provider governed by their own terms of service and privacy policy.

CRITICAL SECURITY WARNING: Never share your private keys, seed phrases, or wallet credentials with anyone. We will never ask for your private keys or seed phrases.

Blockchain Transaction Risks: All blockchain transactions are irreversible, final, and non-refundable. Transaction costs (gas fees) are variable and may increase dramatically. The Company has no control over blockchain network speed, reliability, or transaction costs.

4. Games

We offer a range of games accessible via our Website, including:

• Skill-based Game Tournaments
• Instant Win Games
• Fantasy Games (including sports prediction games)

The Company reserves the right to add, modify, or discontinue any games at any time without prior notice.

4.1 Entry Fees and Payments

All Entry Fees are final and non-refundable once a tournament entry is confirmed. By submitting an Entry Fee, you acknowledge that you are paying for access to the tournament and the opportunity to compete for prizes, NOT a guaranteed reward.

4.2 Dynamic Pricing and Currency Flexibility

Entry fees, credit costs, tournament prizes, and other Platform pricing may vary between different games, tournament tiers, over time, and based on the currency used (USDC, USDT, or potentially AVAX or other cryptocurrencies).

4.3 Withdrawal Restrictions for New Accounts

To maintain platform security and prevent fraudulent activity, new accounts are subject to withdrawal restrictions on free tournament winnings. These restrictions do not apply to paid tournament winnings.

Free tournament winnings may be withdrawn after meeting ONE of the following conditions:

• Entering and completing at least one (1) paid tournament, regardless of outcome, OR
• Account age reaches seven (7) days from registration date

5. Anti-Cheat and Fair Play Policy

CRITICAL WARNING: Opening browser developer tools, console, or inspector while actively playing may trigger automatic anti-cheat systems and result in immediate forfeiture of all credits and entry fees without warning or refund, even if opened accidentally.

5.1 Prohibited Tools and Behaviors

You are strictly prohibited from using:

• Bots, automation software, scripts, or auto-play programs
• Browser developer tools, console commands, or page inspectors during active gameplay
• VPNs or proxies to circumvent geographic restrictions
• Any software designed to modify, intercept, or analyze game data

5.2 Multiple Account Prohibition

Each person may maintain only ONE account. Creating or using multiple accounts is strictly prohibited and will result in permanent ban of all associated accounts and forfeiture of all funds.

5.3 Consequences of Violations

If anti-cheat systems detect violations:

• Your gameplay session will be immediately terminated
• All entry fees, credits, and account balances will be forfeited without refund
• Your account will be suspended or permanently banned
• Your wallet address may be blacklisted from future platform access

6. Leaderboard

Players are ranked on the leaderboard based on the total number of points accumulated during the defined tournament period. All leaderboard rankings at the conclusion of a tournament are final and binding.

7. Prizes

7.1 Prize Eligibility

To be eligible to receive a prize, you must:

• Be a registered, verified, and valid user
• Have paid any applicable Entry Fees
• Comply with all terms and conditions
• Not have violated any rules or engaged in Prohibited Activities

7.2 Prize Characteristics

• Prizes are non-transferable and cannot be exchanged
• Prizes are distributed in cryptocurrency (USDT, USDC, or other stablecoins)
• Prize values are denominated in USD but may fluctuate based on cryptocurrency market conditions

7.3 Tax and Fee Withholding

The Company may withhold a portion of prizes to cover applicable taxes, transaction fees (including blockchain gas fees), infrastructure costs, and compliance costs. Winners are solely responsible for all tax obligations arising from prize receipt.

7.4 Prize Claiming Period

Winners must claim their prize within 7 days of notification. If a prize is not claimed within the allotted timeframe, the Company reserves the right to forfeit the unclaimed prize or award it to an alternate winner.

8. Referral Program

The Platform may offer a referral program where users can earn commissions based on revenue generated by referred users. Referral commission rates and terms may change at any time without notice. Self-referrals, multiple accounts, and fraudulent referral activity are strictly prohibited and will result in forfeiture of all earnings and permanent account termination.

9. Intellectual Property Rights

We exclusively own all right, title, and interest in and to the Website and Services, including all associated intellectual property rights. We grant you a personal, limited, revocable, non-exclusive, non-transferable license to access and use the Services solely for your personal entertainment and non-commercial purpose.

10. Data Protection and Privacy

By accessing and/or using the Website and Services, you acknowledge to have read, understood, and accepted our Privacy Policy and you further acknowledge and agree that we may use your Personal Data in accordance with our Privacy Policy.

11. Blockchain and Technology Risks

By using the Website and Services, you acknowledge that blockchain technology is immutable (transactions are irreversible, final, and non-refundable) and you understand the inherent risks including:

• Extreme price volatility of cryptocurrencies
• Variable and potentially dramatic increases in transaction costs (gas fees)
• Risks of hacking, security weaknesses, or smart contract vulnerabilities
• Uncertain regulations and enforcement actions
• Tax obligations

You are solely responsible for securing your wallet and we cannot be held liable for any resulting losses.

12. General Disclaimers

The Website and Services is provided on an "as is" and "as available" basis without any warranty of any kind.

We do not guarantee that the Website and Services will operate uninterrupted, timely, secure, or error-free, or be free from harmful components.

13. Limitation of Liability

IN NO EVENT WILL WE BE LIABLE FOR ANY LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE AND SERVICES.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the British Virgin Islands, without regard to conflict of law principles.

14.2 Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration administered by the London Court of International Arbitration (LCIA) in London, England. The arbitration shall be conducted by a single arbitrator. Each party shall bear its own costs and fees. The arbitrator's decision shall be final and binding.

14.3 Class Action Waiver

YOU AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION. All disputes must be brought on an individual basis only.

15. Contact Us

If you have any questions, concerns, or requests regarding these Terms, please contact us:

Email: team@kokomo.games

Website: https://kokomo.games