Terms & Conditions

These Terms and Conditions (“Terms“) govern the access and use of the website https://exscape.et/, a gaming and metaverse social media platform (“Exscape” or the “Platform“) and any other related products or services including our mobile application (the “Services“) provided by DBR Technology PLC (“DBR“, “We“, “Our“, “Us“), a company registered under the laws and regulations of Ethiopia. By accessing or using the Platform or Services, you (“User“, “you“, “your“) agree to comply with these Terms, as well as all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use the Platform or Services.

Last Updated: January 2025

1. INTRODUCTION

These Terms form a legally binding agreement between DBR and you. Your use of the Platform and the Services is subject to the following terms and conditions. Certain parts of our Services or specific features may be governed by additional terms and conditions, which will be provided when you access such parts or features.

You must read these Terms carefully and accept them before using the Platform or the Services.

2. WHO WE ARE AND HOW TO CONTACT US

DBR is a company incorporated and registered under the laws of Ethiopia. For any inquiries related to these Terms or our Services, please contact us at support@exscape.et

3. DEFINITIONS
   • “User” refers to any person or entity that accesses and uses the Platform and Services.
   • “Third-Party Services” refer to services provided by third parties that are accessible through links or integrations within the Platform.

4. ACCEPTANCE OF THESE TERMS

   • By accessing or using our Platform or Services, you confirm that you have read, understood, and agree to be bound by these Terms.
   • You are responsible for ensuring that your use of the Platform and the Services complies with all applicable laws, rules, and regulations. If you do not agree to these Terms, you must cease using our Platform and Services immediately.
   • If you access certain portions of the Platform or Services that are governed by additional terms, those terms shall supplement these Terms. In the event of any conflict, the additional terms will prevail concerning the specific portions of the Platform or Services they govern.

5. ELIGIBILITY

   • You must be at least 13 years old to access and use the Platform and Services. By using our Services, you confirm that you meet this requirement.
   • Certain services or features may have additional eligibility requirements. You are solely responsible for ensuring that your use of our Services does not violate any applicable laws, including sanctions imposed by international authorities such as the Office of Foreign Assets Control (OFAC) and the Financial Action Task Force (FATF).
   • DBR reserves the right to deny access to the Services to individuals or entities that are on restricted lists, such as those imposed by the OFAC, FATF, or other regulatory bodies.

6. ACCOUNT REGISTRATION AND USER RESPONSIBILITIES

   • To use certain features of the Platform or Services, you may be required to create an account with the Platform. You agree to provide accurate, current, and complete information during the registration process.
   • You are responsible for maintaining the confidentiality of your account credentials and all activities that occur under your account with the Platform. You must notify the Platform immediately if you suspect unauthorised access or use of your account.

7. SERVICES AND FEES

   • After a 3 day trial period the subscription will automatically renew at a rate of 10 ETB per day for the daily plan, 60 ETB for the weekly plan and 220 ETB for the monthly plan. The fee is granting access to all games. Payment is processed through Ethio Telecom and users can unsubscribe by sending STOP E to 963
   • DBR provides access to the Platform and Services, through various subscription plans, including daily, weekly, and monthly options (“Subscription Fees”). The Platform also offers guest access and freemium access, which are available free of charge but may have limited functionality compared to subscription plans in accordance with these Terms.
   • Subscription Fees for subscription plans will be displayed clearly on the Platform, including the applicable terms and payment obligations. By subscribing to any plan, you agree to pay the fees associated with the selected subscription and any applicable taxes.
   • DBR reserves the right to modify its Subscription Fees and other charges at any time. Any fee changes will be effective immediately upon posting to the Platform and will apply to existing and new subscriptions made after such posting.
   • DBR reserves the right to introduce additional services in the future, such as in-app purchases and advertisements, which may incur separate fees. Any new fees or charges will be communicated clearly on the Platform before you engage with such services.
   • Continued use of the Platform or Services after any fee changes or amendments have been posted constitutes your acceptance of the updated fees or charges. If you do not agree to the changes, you must discontinue your use of the Platform and Services.
   • Users are solely responsible for any third-party fees, including but not limited to payment processing fees or transaction fees charged by financial institutions.

8. POINTS SYSTEM

   • Exscape operates a point system within the platform to enhance User engagement and reward active participation. Points are earned by Users by playing games on the Platform. The number of points awarded may vary depending on the game and performance.
   • Rankings and rewards:
     • Weekly Rankings: the top 5 (five) players per game will be ranked based on their performance and points earned;
     • Monthly Winners: at the end of each month, the top 3 (three) players across all games will be recognized; and
     • Quarterly Draw: a special draw may be held at the discretion of Exscape, offering additional rewards to participants. Please note that this draw is not guaranteed and may not take place in all markets where the platform operates. Details of any such draw will be announced on the platform if and when it occurs.
   • Monthly winners may convert their points into gifts at a conversion rate determined by Exscape. The conversion rate is subject to change at Exscape’s discretion.
   • Points may be used to unlock features, access exclusive content, or redeem virtual items within the Platform.
   • Points have no monetary value and cannot be exchanged for cash or any other form of currency outside the Platform.
   • Exscape reserves the right to modify, suspend, or terminate the point system at any time without prior notice.
   • Any attempt to manipulate or abuse the point system, including but not limited to creating multiple accounts or using automated means to earn points, is strictly prohibited and may result in the suspension or termination of your account with the Platform.
   • In the event of account termination, whether initiated by the User or Exscape, all accumulated points will be forfeited and cannot be recovered or transferred.
   • By participating in the point system, you agree to abide by these rules and any future modifications to the system in the Platform.

9. SOCIAL NETWORKING SERVICES

   • Exscape provides a social networking hub within the application (the “Social Hub“) where Users can interact through features such as posting comments, liking content, sharing posts, and engaging with other Users. By using the Social Hub, you agree to comply with these Terms and our community guidelines, which are incorporated by reference.
   • Users are strictly prohibited from posting, sharing, or distributing content that:
     • Promotes hate speech, discrimination, or violence against any individual or group based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics;
     • Contains harassing, threatening, or abusive language or imagery;
     • Violates applicable laws, regulations, or third-party rights (including intellectual property, privacy, or publicity rights);
     • Spreads false or misleading information intended to deceive or manipulate others;
     • Includes sexually explicit material, pornography, or content harmful to minors;
     • Encourages or facilitates illegal activities or self-harm;
     • Is otherwise inappropriate, offensive, or not in line with our community guidelines.
   • Exscape reserves the right to moderate user-generated content to ensure compliance with these Terms and community guidelines. The Platform may take the following actions at its sole discretion:
     • Remove or restrict access to content that violates these Terms, community guidelines, or applicable laws;
     • Issue warnings for minor violations;
     • Temporarily suspend User accounts for repeated or significant violations; and
     • Permanently ban Users from the Platform for severe or repeated breaches of these Terms, even if the User has an active subscription.
   • Exscape follows a tiered enforcement approach:
     • First Violation: the offending content will be removed, and the User will receive a warning.
     • Second Violation: the User’s account may be temporarily suspended.
     • Repeated or Severe Violations: the User’s account may be permanently banned without entitlement to any refund of subscription fees.
   • Users may appeal content removal or account suspension decisions by contacting us at support@exscape.et. Appeals must be submitted within 7 (seven) days of receiving notice of the enforcement action. Exscape will review all appeals promptly and notify Users of the outcome.
   • Exscape provides community guidelines to educate users on acceptable behaviour and content standards. These guidelines are available on the Platform and may be updated from time to time. Users are encouraged to review them regularly to ensure compliance.
   • Users can report content they believe violates these Terms or community guidelines decisions by contacting us at support@exscape.et. Exscape reviews all reports promptly and takes appropriate action at its discretion.
   • By using the Social Hub, you acknowledge and agree that:
     • You are solely responsible for the content you post, share, or engage with;
     • Any violations of these Terms or community guidelines may result in the removal of your content and/or enforcement actions as outlined in this section;
     • Violations leading to account suspension or termination do not entitle you to refunds or compensation for any forfeited features or content.
   • While Exscape strives to maintain a safe and respectful environment, it is not obligated to monitor all User-generated content. Users acknowledge that Exscape is not responsible for content shared by other Users.

10. RISKS

    • By accessing the Platform and the Services, Users acknowledge and accept the inherent risks associated with the use of the Platform and the Services. We diligently strive to furnish state-of-the-art systems and implement robust security measures. Nonetheless, certain issues and risks are unavoidable. If such issues or problems arise in connection with your use of our Platform or the Services, resolution timelines may vary, and certain issues may remain unresolved. By agreeing to these Terms, you acknowledge that DBR is not responsible for the aforementioned risks.
    • Users are solely responsible for assessing the Platform and the Services prior to utilisation, and all transactions facilitated through the Services are irreversible, conclusive, and non-refundable. The Platform or the Services may be disabled, disrupted, or adversely affected by sophisticated cyber-attacks, increases in activity, computer viruses, and/or other operational or technical challenges, among other factors. DBR explicitly disclaims any ongoing obligation to notify Users of all potential risks associated with using and accessing our Services. By utilising the Platform and the Services, Users acknowledge and accept these risks, and they agree not to hold DBR liable for any resulting losses.

11. INTELLECTUAL PROPERTY

    • All intellectual property rights, including but not limited to copyrights, trademarks, design rights, patents, and trade secrets, in the Platform and Services are owned by DBR or our licensors. You are granted a limited, non-exclusive, non-transferable, and revocable licence to use the Platform and Services for your personal, non-commercial use only.
    • The DBR trademarks, logos, and brand elements (the “Marks“) are the exclusive property of DBR. You may not use any Marks without prior written authorization from DBR.
    • You may not reproduce, distribute, modify, create derivative works from, or use any part of the Platform for commercial purposes without our express written consent.

12. PROHIBITED ACTIVITIES

As a condition of using the Platform and the Services, Users agree not to:

• Use the Platform or the Services for any unlawful purposes or in violation of any applicable laws.
• Misuse or attack our Platform by knowingly introducing viruses, trojans, worms, logic bombs, or any other material that is malicious or technologically harmful (such as but not limited to denial-of-service attack).
• Post false, inaccurate, misleading, defamatory, unlawful, harassing, libelous, privacy-invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable content on our Platform or through our Services and in any other kind of social media platforms or private websites.
• Use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, licence, sell, or otherwise exploit for any purpose any content of the Platform not owned by them in a way that violates someone else’s rights.
• Impersonate another person or entity or misrepresent your affiliation with any person or entity.
• Attempt to gain unauthorised access to our Platform, the server on which our Platform is stored, or any server, computer, or database connected to our Platform.

13. DATA PRIVACY

    • The collection and use of personal data are governed by our Privacy Policy available at https://exscape.io/privacy.html. By using the Platform or the Services, you consent to our collection, processing, and use of personal data in accordance with the Privacy Policy.
    • DBR takes all necessary steps to protect your data but cannot guarantee that unauthorised third parties will not be able to circumvent our security measures.

14. THIRD-PARTY LINKS AND SERVICES

    • The Platform may contain links to third-party websites or services that are not owned or controlled by DBR is not responsible for the content, privacy policies, or practices of third-party websites or services.
    • DBR makes no representations or warranties about the reliability of third-party services, and Users should review third-party terms and conditions before using such services.

15. WARRANTIES DISCLAIMER

    • The Platform and Services are provided “as is” and “as available“, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or those arising by law or from a course of dealing.
    • DBR does not warrant that (i) the Platform will function uninterrupted, secure, or available at any particular time or location, or will be error-free or free of harmful components; (ii) any errors or defects will be corrected; (iii) the Platform is free of viruses or other harmful components; (iv) any content and data will be secure or not otherwise lost or damaged; (v) the results that may be obtained from the use of the Services will be accurate or reliable; or (vi) the results of using the Platform will meet your requirements or expectations. You assume all risks associated with the use of the Platform or the Services, including but not limited to the risk of data loss or exposure due to security breaches or software bugs.

16. ACCURACY OF INFORMATION

    • DBR endeavours to ensure the accuracy, currency, and bug-free nature of the Platform, but shall not be held responsible for any failure attributable to causes beyond its control. DBR does not guarantee that the Platform is suitable for any specific purpose. Users’ reliance on the information provided on the Platform is at their own risk.
    • DBR reserves the right to suspend or terminate access or operation of the Platform or the Services at its discretion. Any content on the Platform is for general informational purposes only, providing information about us, our products, news, features, services, and other Third-Party Services that may be of interest. However, this content has not been tailored to the Users specific requirements or circumstances and does not constitute technical, financial, legal advice, or any other type of advice. It should not be relied upon for any purpose. Users should exercise their independent judgement when using our Platform, its content and the Services.
    • DBR strives to keep the Platform and the Services available for Users, but it does not guarantee uninterrupted access or consistent availability.

17. LIMITATION OF LIABILITY

    • To the fullest extent permitted by law, DBR and its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or special damages, including loss of profits, revenue, or data, arising from the use or inability to use the Platform or the Services, even if DBR has been advised of the possibility of such damages.
    • In no event shall DBR’s total liability exceed the amount you have paid for Services (expressed in Subscription Fees) in the last 12 (twelve) months, regardless of the form of action, whether in contract, tort (including negligence), strict product liability or any other cause of action or legal or equitable theory.
    • DBR shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, business, goodwill, data, or other intangible losses, even if advised of the possibility of such damages.
    • The foregoing limitation of liability shall apply to the fullest extent permitted by applicable law and does not exclude liability arising from fraud, wilful misconduct, or gross negligence where such exclusion is prohibited.

18. INDEMNIFICATION

    • Users (herein referred to as the “Indemnifying Parties”) agree to indemnify and hold harmless DBR, its officers, directors, employees, and affiliates (herein referred to as the “Indemnified Parties”) from and against any and all claims, demands, suits, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to their (i) use of the Platform or the Services, (ii) violation of applicable laws, regulations, or governmental requirements or (iii) breaches of these Terms or infringement of any rights of another.
    • The Indemnifying Parties indemnification obligations are contingent upon the Indemnified Parties:
      • Promptly notify the Indemnifying Party of any claim or potential claim subject to indemnification;
      • Cooperating fully with the Indemnifying Party in the defence or settlement of any such claim; and
      • Allowing the Indemnifying Party to control the defence and settlement negotiations, provided that the Indemnifying Party acts reasonably and in good faith.
    • This indemnification clause shall survive the termination or expiration of these Terms. The Indemnifying Parties indemnification obligations herein are not subject to any limitation of liability or exclusion of consequential damages set forth in these Terms. This clause is a material provision of these Terms, and both parties acknowledge and agree to its significance.

19. TERMINATION

    • DBR reserves the right, at its sole discretion, to suspend or terminate your access to the Platform or the Services at any time, for any reason, including but not limited to a violation of these Terms or to ensure compliance with applicable law or protection of third-party rights and interests.
    • Users acknowledge and agree that having their access to the Platform and Services terminated for any reason may lead to loss of assets without any rights and/or reparations against the DBR, its shareholders, directors, employees, partners or any associated entity.
    • DBR retains the right to report individuals to the appropriate authorities, and invoke remedies as permitted by applicable laws in cases where prohibited activities are identified.
    • Upon termination, your right to use the Platform and the Services will immediately cease.

20. GOVERNING LAW AND DISPUTE RESOLUTION

    • These Terms are governed by and construed in accordance with the laws and regulations of Ethiopia without regard to conflict of law principles.
    • DBR strives to expeditiously and effectively address any disputes with Users. If the User wishes to file a complaint, kindly contact us at support@exscape.et
    • Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Ethiopia. By agreeing to these Terms, you waive your right to participate in any class actions or class-wide arbitration. All claims must be brought in your individual capacity.

21. FORCE MAJEURE

DBR shall not be held liable for any failure to comply with these Terms due to circumstances beyond our reasonable control, including but not limited to governmental actions, acts of terrorism, war, fires, disruptions in telecommunications or internet services, network provider issues, software malfunctions, network-wide compromises, hacking, strikes, labour disputes, accidents, civil or military disturbances, or other catastrophic events. In no Force Majeure event shall DBR be responsible for inaccuracies, errors, delays, omissions, service disruptions, or interruptions in the Services, whether in transmission or delivery of information as required by these Terms.

22. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

23. ENTIRE AGREEMENT

These Terms, together with all DBR’s policies and any additional terms, constitute the entire agreement between you and DBR concerning the use of the Platform and Services. Any prior agreements or understandings, whether oral or written, are superseded by these Terms.

24. MODIFICATIONS TO THE TERMS

DBR is consistently engaged in the ongoing development and improvement of the Platform and the Services and reserves the right to unilaterally amend or update these Terms at any time. We will post any updates to the Platform, and the changes will become effective upon posting. It is your responsibility to review these Terms periodically for updates. Continued use of the Platform or the Services after changes have been made signifies your acceptance of the updated Terms.

25. CONTACT INFORMATION

If you have any questions or concerns about these Terms, you may contact us at support@exscape.et