Terms and Conditions

These Terms and Conditions (hereinafter referred to as the “Terms”) define the rules for the use of the services “LevelUpper” (hereinafter referred to as the “Services”) provided through the website with the domain name https://levelupper.com/ (hereinafter referred to as the “Website”).

The Services are provided by ETERNAL STAR LTD, a legal entity incorporated in Cyprus under the registration number HE 445014, with registered office at Evripidou, 12A, Agia Zoni, 3031, Limassol, Cyprus (hereinafter referred to as the “Company”).

1. General rules for the use of the services

1.1. These Terms are the agreement concluded between the Company and a natural person that uses or intends to use the Services of the Company (hereinafter referred to as the “User”). The Terms are considered concluded between the Company and the User when the User signs up on the Website by creating the account (hereinafter referred to as the “User's Account”). By creating the User's Account, the User agrees with all the provisions of the Terms.

1.2. The Services are provided on “as is” basis, meaning that the Company does not bear any responsibility before the User for the lack of specific functions, options, or services that the User would like to use through the Website and the User's Account.

1.3. By agreeing with these Terms, the User also agrees that the Services offered by the Company may not be appreciated by the owners of video games or video game publishers or providers and that the use of the Services by the User may lead to the restriction of User's access to specific video games or specific functions or features of such video games. The User fully accepts the risks of such unfavorable consequences by agreeing with the Terms and using the Services.

1.4. The Services are only provided to Users who are at least 16 (sixteen) years of age. By agreeing with the Terms, the User confirms that he or she is at least 16 (sixteen) years of age. If the Company finds out that the User is less than 16 (sixteen) years of age, the Company will immediately delete the User's Account and all personal data pertaining to the User and will take actions aimed at prohibiting access of such User to the Services.

2. User's account

2.1. The User shall create the User's Account to use the Services.

2.2. In order to create the User's Account, the User shall provide the Company with User's username, email address, and password. Additionally, the User has the right to add other personal data to the User's Account, such as real name of the User, telephone number, and social networks accounts.

2.3. The User can change the username of the User's Account only by contacting the Company through the customer support system in accordance with Section 5 of the Terms. Other personal data of the User's Account can be changed within the User's Account by using the functionality of the Website.

2.4. The User's Account can be deleted by contacting the Company in accordance with Section 5 of the Terms.

3. Services offered by the company

3.1. In accordance with the Terms, the Company provides the Services on boosting of game accounts. Boosting of game accounts means that the Company receives access to the game account (hereinafter referred to as the “Game Account”) of the User in any video (mobile or PC) game played by the User (hereinafter referred to as the “Game”) or to the device used by the User for playing the Game and performs actions through the Game Account of the User or assists the User in performing actions through the Game Account of the User (without receiving direct access to the Game Account or device of the User) which grant the User additional or new benefits or achievements in the Game, such as:

3.1.1. Increase or improvement (or decrease, if the User explicitly requests so) of characteristics, level, or qualities of the character played by the User in the Game.

3.1.2. Receipt of rare artifacts or items used in the Game that provide the User or/and the Game's character of the User with additional benefits.

3.1.3. Completion of tasks in the Game that the User cannot complete by himself or herself.

3.1.4. Obtaining new resources for the Game's character or location used by the User in the Game.

3.1.5. Other benefits or achievements depending on the specifics of the Game and the scope of the Services offered by the Company and requested by the User.

3.2. The scope of the Services provided to the User is determined by the Company in accordance with the offers published by the Company on the Website.

The offers are only available to the Users having the User's Account on the Website.

Each offer published by the Company on the Website includes the information about the Game in respect of which the Company provides the Services, the list of the Services available for the User in respect of the described Game, the requirements applicable to the Game Account of the User, the period and the term within which the Services are provided to the User, the fee for the offered Services (Section 7 of the Terms), the list of benefits or achievements that the User will receive as the result of the Services, the available methods of providing the Services (para.3.5 of the Terms), and the list of additional options that the User may choose.

The Company has the right ay any point of time to change the scope of the offer and the contents of the offered Services or the offered method of the Services provision, remove any offer from the Website, remove or add additional options of the offer, or add new offers on the Website.

In order to use the Services, the User shall make the request for the provision of the Services by choosing the available offer and, if applicable, additional options provided by the Company, and paying for the chosen Services in accordance with Section 7 of the Terms and the Payment Policy of the Company. The Company will not start the provision of the Services until the User makes the request for the provision of the Services and pays for the requested Services.

3.3. If none of the offers published by the Company in accordance with para.3.2 of the Terms match the desires and needs of the User, the User has the right to request the Company to provide the Services on an individual scope and basis determined by the User.

In this case, the User shall send the Company the request for the provision of the Services on an individual basis through the customer support system of the Company determined in Section 5 of the Terms.

The fee for such Services (Section 7 of the Terms) is calculated on an individual basis in accordance with the request of the User.

The Company has the right to reject the request of the User without any explanation.

3.4. The Game Account of the User shall comply with the requirements applicable to the scope of the Services offered by the Company or requested by the User. The Company has the right to refuse provision of the Services if the Game Account of the User does not match the requirements or characteristics necessary for the provision of the Services.

The activities of the User within the Game shall not violate the rules of the Game. The Company has the right to refuse provision of the Services if the activities of the User within the Game, the User's character within the Game, or the User's Game Account violate the rules of the Game.

If the Company finds out the Game Account of the User does not match the requirements or characteristics necessary for the provision of the Services or that the User violates the rules of the Game during the provision of the Services, the Company has the right to unilaterally cancel the provision of the Services. In this case, the refund of the payment made by the User for the Services is performed in accordance with the Cancellation and Refund Policy of the Company.

3.5. The Services are provided by using one of the boosting of game accounts methods (hereinafter referred to as the “Boosting Methods”), namely:

3.5.1. “Piloted” Boosting Method.

3.5.2. “Self-Play” Boosting Method.

3.5.3. “Remote Control” Boosting Method.

3.6. “Piloted” Boosting Method provides that the Company enters (logs in) the Game Account of the User and performs the actions agreed on with the User inside the Game through the Game Account of the User as if the User is playing the Game. In order to use the “Piloted” Boosting Method, the User shall provide the Company with credentials granting access to the Game Account of the User (e.g., the login and the password of the Game Account). The User does not participate in the gaming process if the “Piloted” Boosting Method is used.

In order to avoid the negative consequences of using “Piloted” Boosting Method in the Game, the Company uses VPN services for ensuring security of the User's Game Account and brings the Game Account to original settings after the provision of the Services.

3.7. “Self-Play” Boosting Method provides that the Company does not enter (log in) the Game Account of the User.

Instead, the User plays the Game together with the persons prescribed in para.4.1 of the Terms who provide the User with assistance, as well as with oral and written consultations within the Game. The User and the persons prescribed in para.4.1 of the Terms play the Game as members of one team.

This Boosting Method is best suited for team Games in which benefits or achievements are earned due to the collective actions of all team members, and the particular character of the Game's team may receive achievements even if the character itself is not actively used in the Game, but other characters of the Game's team are actively used.

By using “Self-Play” Boosting Method, the User receives benefits and achievements determined by the Company as the result of the provided Services by playing his or her character in the Game together with the persons prescribed in para.4.1 of the Terms who play their own characters in the Game.

In order to play in the Game as one team, the User shall provide persons prescribed in para.4.1 of the Terms with unique identifier (ID, username, user tag etc.) of the User in the Game that is used for identifying the profile of the User in the network of the Game. Such unique identifier does not allow the Company to enter (log in) the Game Account of the User and is only used for adding the User to the team of the persons prescribed in para.4.1 of the Terms for the purpose of carrying out the “Self-Play” Boosting Method.

3.8. “Remote Control” Boosting Method provides that the Company does not enter (log in) the Game Account of the User but instead obtains control over the Game Account, as well as the device of the User used for playing the Game, through remote access software, such as TeamViewer, Any Viewer, or Windows Remote Desktop. In this case, the User does not have to provide the Company with the credentials of the Game Account. The User supervises the provision of the Services through the monitor of the device during the use of the “Remote Control” Boosting Method by the Company. The User has the right at any point of time to regain control over the Game Account and the device used for playing the Game and continue the play of the Game by himself or herself.

3.9. The Boosting Method is chosen by the User in accordance with the desires and preferences of the User and the specifics of the requested Services unless the offer of the Company (para.3.2 of the Terms) specifically determines that the Services can only be provided by the specific Boosting Method.

3.10. The Company has the right to unilaterally change the Boosting Method if the device of the User does not support the chosen Boosting Method or if the use of the chosen Boosting Method does not allow to reach the goal of the Services determined by the User. If the User does not agree with the change of the Boosting Method, the User has the right to cancel the request for the provision of the Services in accordance with the Cancellation and Refund Policy of the Company.

3.11. The User has the right to cancel the provision of the Services in accordance with the Cancellation and Refund Policy of the Company and request the refund of the fee paid for the Services in accordance with Section 7 of the Terms if the legal grounds for cancellation and refund exist. Cancellation of the provision of the Services does not terminate the Terms. The termination of the Terms is regulated by Section 13 of the Terms.

3.12. The Company has the right to restrict access of the User to specific Services or additional options of the Services depending on the country of User's residence.

4. The conpany and the boosters

4.1. The Company provides the Services prescribed by the Terms through its boosters, i.e., natural persons who are employees or contractors of the Company (hereinafter referred to as the “Boosters”). Boosters are considered subcontractors of the Company. The Company is liable for the actions and inaction of the Boosters subject to the restrictions of Section 11 of the Terms.

4.2. Boosters are professionals who have expertise in the Games played by the Users. The goal of each Booster is to achieve the benefit agreed by the User and the Company in accordance with paras.3.1-3.3 of the Terms.

The Company has full discretion in hiring and firing Boosters, as well as in assigning Boosters to specific Games in respect of which the Services are provided. The User does not have the right to file any claims against the Company related to professional experience or qualifications of the Booster.

4.3. The Booster is automatically assigned to the User that requested the provision of the Services in accordance with para.3.2 or para.3.3 of the Terms. The assignment of the Booster is carried out within 3 (three) hours after the User pays for the Services in accordance with Section 7 of the Terms and the Payment Policy of the Company.

However, the User has the right to choose the specific Booster for the requested Services if the User has previously interacted with such a Booster and knows the profile of the Booster.

4.4. If the User chooses the specific Booster for the provision of the requested Services in accordance with para.4.3 of the Terms, the assignment of the chosen Booster may take more than 3 (three) hours if the Booster is not available for the assignment at the time the Services are requested and paid. In this case, the Company does not bear any liability before the User for the term within which the Booster chosen by the User starts the provision of the Services.

4.5. The User shall communicate with the Booster exclusively through the special chat and other channels of communication provided by the Company. The Booster shall not respond to the User's message if such message is not sent via the communication channels provided by the Company. If the User contacts the Booster through the communication channels not provided by the Company, the User is in breach of the Terms, and the Company has the right to apply the rules of para.10.5 of the Terms.

5. Communication with the company and customer support system

5.1. Each User of the Services is provided with the online chat of the Website. The online chat is administered by the customer support managers of the Company (hereinafter referred to as the “Managers”). The chat is open 24/7.

The Managers of the Company shall answer all the questions of the User related to these Terms, the scope and quality of the Services, or any technical questions related to the Website or the User's Account. The time of the Manager's answer depends on the volume and the nature of the User's question but shall not exceed 10 (ten) business days after receiving the message of the User, except for the cases provided in para.5.3 of the Terms.

5.2. The User shall communicate with the Company exclusively through the online chat administered by the Managers in accordance with para.5.1 of the Terms and/or through email of the Company provided in Section 16 of the Terms, subject to the provisions of para.5.3 and para.5.4 of the Terms. The Company does not have obligation to answer the message of the User if the message is not sent via the online chat or to the email of the Company.

The Company is considered received the message of the User on the day of the dispatch.

5.3. If the User files a complaint against the Company in accordance with para.14.2.1 of the Terms, the Company shall answer to the complaint of the User within 30 (thirty) days after receiving the complaint of the User.

5.4. Any communication related to the provision of the requested and paid Services shall be carried out directly with the Booster assigned to the User in accordance with para.4.5 of the Terms. However, the User may contact the Managers of the Company through the online chat if the User has any complaints about the Booster or the quality of the provided Services.

6. Processing of personal data

6.1. Because the Company is the resident of the European Union, the Company is subject to the General Data Protection Regulation No. 2016/679 adopted by the European Parliament and the Council on 27 April 2016 (hereinafter referred to as the “GDPR”).

6.2. The Company processes personal data of the Users (including the credentials of the Game Account) in accordance with GDPR and the Privacy Policy of the Company. Under the Privacy Policy, the Company acts as the controller in respect of the Users' personal data. The User shall carefully read and agree with the Privacy Policy before starting the use of the Services.

6.3. The Company processes the payment data of the Users, namely, the information about bank cards and bank accounts (e-wallets) of the Users and the information about payment transactions of the Users (including cancellations and refunds) in accordance with the Privacy Policy, Payment Policy, and Cancellation and Refund Policy of the Company. The User shall carefully read and agree with the Payment Policy and the Cancellation and Refund Policy before starting the use of the Services.

6.4. The Company ensures the confidentiality of all the personal data of the User, including the User's Account information, the credentials of the Game Account, and the credentials of bank cards used by the User for paying for the Services.

6.5. The Company takes all the necessary measures aimed at protecting personal data of the Users against theft or unauthorized use.

7. Payment for the services

7.1. The Company provides the Services on a fee basis. The User does not have the right to use the Services unless the fee for the provision of the Services is paid.

7.2. The fee for the Services is calculated on an individual basis and depends on the scope of the Services offered by the Company in accordance with Section 3 of the Terms, the qualification of the Booster, the length and the term of the Services provision, the market evaluation, and other factors determined by the Company. The Company has full discretion in establishing the fee for the requested Services. If the User does not agree with the fee for the Services determined by the Company, the User's only option is not to request and pay for the Services.

7.3. The payments for the Services, as well as the refunds of the payments made in accordance with the Terms are regulated by the Payment Policy and the Cancellation and Refund Policy of the Company.

8. Loyalty program of the company

8.1. The Company uses the loyalty program at the Website that provides Users with an opportunity to earn virtual currency, i.e., points, through the User's Account (hereinafter referred to as the “Experience”) and use the Experience for receiving discounts on the price for the Services determined in accordance with Section 7 of the Terms.

8.2. The amount of the Experience that the User shall earn for receiving the discount, as well as the levels and percentages of discounts are established by the Company and may be changed at any point of time. The amount of the Experience that the User can receive through the User's Account depends on the amount of money paid by the User for the Services in accordance with the Terms and other activities of the User in the User's Account determined by the Company.

8.3. The Company has the right to amend, restrict, or cancel the loyalty program at any point of time without any prior notification to the Users and without any exchange of the Experience for real money or any other benefits.

9. Intellectual property

9.1. The exclusive rights in the Website, in any elements of the Website, and in the trademarks used by the Company belong to the Company or/and to the affiliates of the Company.

9.2. The User's Account is the element of the Website. The exclusive right in the User's Account belongs to the Company. The User does not have the right to assign the User's Account or any rights or obligations pertaining to the User's Account to any third party.

Furthermore, the User shall not use User's Accounts of other Users for receiving the Services in accordance with the Terms.

9.3. The User has the right to use the Website and the elements of the Website under the non-exclusive royalty free license only for the purpose of receiving the Services, communicating with the Company (including Managers and Boosters), and resolving disputes with the Company. The term of the license is the term within which these Terms are considered concluded between the Company and the User. The territory of the license is the territory of the whole world. The User does not have the right to transfer the granted license to any third party.

10. Liability of the user before the company

10.1. The User shall provide the Company with reliable information about the User, including information about the credentials of the Game Account and information about the User's activities in the Game necessary for the provision of the Services.

10.2. The User shall comply with the rules of the Game within which the Services are provided.

10.3. The User shall not sabotage the provision of the Services, namely, the User shall not create any obstacles for the Booster that do not allow the Booster to provide the Services to the User or provide the Booster with any false information about the User, the Game, or the Game Account.

10.4. The User shall not use offensive or defamatory language against Managers, Boosters, or other Users or commit any other illegal actions against Managers, Boosters, or other Users.

10.5. If the User breaches these Terms in any way, the Company has the right to unilaterally terminate the Terms with the User by deleting the User's Account or/and restricting access of the User to the Services. The Company also has the right to collect any damages, fees, and costs from the User.

Alternatively, the Company has the right to cancel the provision of the Services in accordance with the Cancellation and Refund Policy of the Company and refuse any refund to the User.

11. Warranties and restriction of company's liability

11.1. The Company provides the Services on the “best efforts” basis, meaning that the Company is not liable before the User if the Booster performed all the necessary actions but did not achieve the result or did not receive the benefit in the Game determined and requested by the User in accordance with Section 3 of the Terms.

11.2. The Company is liable for the guilty actions or/and inaction of the Boosters and Managers of the Company if such actions or inaction violate the Terms, lead to the ban of the Game Account of the User, or cause any other harm or damage to the User, subject that actions or/and inaction of the Booster or the manager of the Company were not caused by the actions or inaction of the User that violate the Terms, the rules of the Game, or applicable laws.

11.3. The Company is not liable before the User for any loss of profits or any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if the Company has been advised of the possibility of the loss or damages).

The restriction of Company's liability provided by this paragraph of the Terms applies regardless of whether the loss or damages were foreseeable.

11.4. The Company explicitly disclaims any warranties, including warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of course of dealing or usage of trade.

11.5. The Company makes no warranty that the Services will meet the special requirements of the User or will be available on an uninterrupted, secure, or error-free basis.

11.6. The Company makes no warranty regarding the quality of the Services, including the quality of the Website.

11.7. The Company is not liable for the defamatory, offensive, or illegal conduct of other Users or third parties if such third parties are not Managers or Boosters and do not act in accordance with instructions of the Company or a contract concluded with the Company.

12. Indemnities

12.1. By agreeing with these Terms, the User indemnifies the Company from any claims, lawsuits, litigation or arbitration proceedings, proceedings with governmental authorities, or other dispute resolution proceedings started by a third party against the Company due to the defamatory, offensive, or illegal conduct of the User.

12.2. If a third party starts dispute resolution proceedings against the Company due to the defamatory, offensive, or illegal conduct of the User, the Company notifies the User about such proceedings, and the User shall enter the proceedings within 30 (thirty) days on the side of the Company.

12.3. The Company provides the User with no indemnities.

13. Termination of these terms

13.1. These Terms are concluded between the User and the Company for an indefinite period of time.

13.2. The User has the right at any point of time to terminate these Terms by deleting the User's Account. In order to delete the User's Account, the User shall send the respective request to the Company in accordance with the procedure of Section 5 of the Terms. The Company shall delete the User's Account within 30 (thirty) business days after receiving the request of the User.

13.3. The Company has the right to terminate the Terms in accordance with para.10.5 of the Terms.

13.4. The termination of the Terms means that the User can no longer use the User's Account, communicate with the Company in accordance with Section 5 of the Terms, and use the Website and the elements of the Website under the license provided in para.9.3 of the Terms.

13.5. The termination of the Terms also leads to termination of the Payment Policy and Cancellation and Refund Policy of the Company concluded between the Company and the User.

14. Applicable law and dispute resolution

14.1. These Terms, as well as their validity, interpretation, modification, and performance are governed by the law of England and Wales.

The choice of law provided in this paragraph of the Terms also applies to the Payment Policy and the Cancellation and Refund Policy of the Company.

14.2. All the disputes between the Company and the User shall be resolved in accordance with the following 3-step procedure:

14.2.1. If the User has any disagreement with the Company regarding the application of these Terms, the provision of the Services, the refund of the fee paid for the Services, or any other issue, the User shall first send the Company the written complaint via the customer support system of the Company in accordance with Section 5 of the Terms. The Company shall provide the answer to the complaint in which the Company either agrees with the User's complaint and takes steps to resolve the dispute or does not agree with the User's complaint and explains the reasons for disagreement. The answer to the complaint is sent to the User via the customer support system of the Company provided by Section 5 of the Terms or/and at the email address of the User.

14.2.2. If the User is not satisfied with the answer of the Company to the complaint provided by the Company in accordance with para.14.2.1 of the Terms, the User shall file a claim with a request for internal arbitration of the Company (hereinafter referred to as the “Arbitration”). The claim is filed through the customer support system of the Company provided in Section 5 of the Terms or by sending the claim to the email address of the Company. The Arbitration is formed by the Company and shall include Managers and directors (CEOs, officers) of the Company. The number of members of the Arbitration shall not be less than 3 (three). The Arbitration shall receive and examine the claim of the User and collect the opinions of the Managers and the Boosters that interacted with the User regarding the disputed issue. The Arbitration shall make the decision on the claim of the User within 30 (thirty) business days after the User files the claim. The decision of the Arbitration shall be binding for the Company.

14.2.3. If the User does not agree with the decision of the Arbitration made in accordance with para.14.2.2 of the Terms, any further dispute, controversy or claim between the User and the Company arising under, out of or relating to these Terms, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by the WIPO Arbitration and Mediation Center in accordance with the WIPO Arbitration Rules. The arbitral tribunal shall consist of a sole arbitrator. The place of arbitration and the place of hearings shall be Limassol, Cyprus. All the hearings shall be conducted by videoconference or by using online tools. The language to be used in the arbitral proceedings shall be English. The dispute, controversy or claim shall be decided in accordance with the law of England and Wales.

14.3. If the User breaches the Terms or causes harm or damages to the Company, the Manager, or the Booster in any way, the Company has the right to immediately refer to the WIPO Arbitration and Mediation Center without using the procedures provided in paras.14.2.1-14.2.2 of the Terms.

14.4. If the User starts the cancellation or/and refund procedures prescribed by the Cancellation and Refund Policy of the Company, the User shall refer to the rules of para.14.2 of the Terms if the Company refused to provide the User with the refund, and the User believes that the refusal of the refund was unlawful.

15. Miscellaneous

15.1. These Terms are enacted on August 11, 2023. The Company reserves the right to periodically update the Terms by posting the updated version of the Terms on the Website. It is up to the Company's discretion to amend any provision of the Terms. The updated version of the Terms comes into force from the moment of publication on the Website unless otherwise is explicitly provided in the updated version of the Terms.

15.2. The language of these Terms, as well as the language of the Website and the language of Company's customer support system is English. The User shall use English for communication with the Company in accordance with Section 5 and Section 14 of the Terms. The Services may be provided to the User in another language if the User requests so and if the Company has an opportunity to provide the Services in another language. The Company has no obligation to provide the Services in another language.

16. Contacting company

ETERNAL STAR LTD

A legal entity incorporated in Cyprus.
Registration number: HE 445014
Address: Evripidou, 12A, Agia Zoni, 3031, Limassol, Cyprus.
Email: support@levelupper.com