Terms of Service

01Acceptance of these Terms

By creating an account, installing one of our applications, downloading or playing a game, or otherwise using the Services, you confirm that you have read, understood, and agree to these Terms and to our Privacy Policy. If you are using the Services on behalf of a company or other organization, you represent that you have authority to bind that entity, and "you" refers to that entity.

02Eligibility

You must be at least the age of majority in your jurisdiction (or 13 years old, whichever is greater) to use the Services. Some Services, such as paid games or business applications, may have higher age or capacity requirements. You must also be legally capable of entering into a binding contract.

03Accounts and security

• You are responsible for the information you provide during registration and for keeping it accurate and up to date.
• You are responsible for safeguarding your credentials and for all activity that occurs under your account.
• Notify us promptly at [email protected] if you suspect any unauthorized use.
• We may refuse, suspend, or terminate accounts that we reasonably believe violate these Terms or applicable law.

04Use of the Services

Subject to your compliance with these Terms, Xipat grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purposes. We may update, modify, or discontinue any part of the Services at any time, with or without notice, where reasonable.

05OmegaTheme Shopify applications

• OmegaTheme apps are intended for installation by Shopify merchants. By installing an app, you authorize the data access scopes requested at install time.
• Use of an app is also subject to Shopify's own Terms of Service and the Shopify App Store rules. In the event of a conflict between these Terms and Shopify's terms, Shopify's terms will prevail with respect to the underlying Shopify platform.
• You are solely responsible for your store, including the products you sell, the content you publish, your relationships with your customers, and compliance with applicable laws.
• If you uninstall an app, your data will be handled in accordance with our Privacy Policy.
• Some apps may include free tiers, trial periods, paid plans, or one-off charges. Pricing and feature limits are described on the app listing or in-app billing screens.

06GameZoka games

• GameZoka games are licensed, not sold, to you for personal, non-commercial entertainment use.
• In-game items, virtual currency, and progression have no monetary value outside the game and cannot be redeemed for cash. We may modify, suspend, or remove in-game items as needed for game balance, technical, or legal reasons.
• Cheating, exploiting bugs, using unauthorized modifications, or interfering with other players is prohibited and may result in suspension or termination.
• Use of any third-party app stores or platforms (such as Apple App Store, Google Play, or Steam) is also subject to those platforms' terms.

07Fees, billing, and refunds

• Some Services are offered for a fee. By selecting a paid plan or making a purchase, you agree to pay the applicable fees and any taxes.
• Subscriptions renew automatically at the then-current price unless cancelled before the renewal date through the relevant platform (e.g., Shopify, app store, or in-app settings).
• Except where required by law or stated otherwise, fees are non-refundable. Refund requests for OmegaTheme apps are evaluated on a case-by-case basis and may be subject to Shopify's billing policies.
• If a payment fails, we may suspend access to the paid Service until payment is resolved.

08Your content and feedback

You retain ownership of the content you submit through the Services ("User Content"). You grant Xipat a worldwide, royalty-free, non-exclusive license to host, store, reproduce, and display your User Content solely as necessary to provide and improve the Services.

If you send us suggestions, ideas, or feedback, you agree that we may use them without obligation or compensation. You are responsible for ensuring your User Content does not violate any law or third-party rights.

09Prohibited conduct

You agree not to:

• Use the Services in violation of any applicable law or regulation;
• Reverse engineer, decompile, or otherwise attempt to extract source code from the Services, except as permitted by law;
• Interfere with or disrupt the integrity or performance of the Services, or attempt to gain unauthorized access to them;
• Use the Services to send spam, malware, or any other harmful, deceptive, or unlawful content;
• Resell, sublicense, or commercially exploit the Services without our written permission;
• Use the Services to harass, harm, defraud, or impersonate others;
• Scrape, crawl, or harvest data from the Services using automated means, except as permitted; or
• Use the Services to develop a competing product based on confidential information obtained through the Services.

10Intellectual property

The Services, including all software, designs, logos, trademarks, and content provided by Xipat, are owned by Xipat or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted under these Terms, you receive no rights in or to the Services.

"Xipat", "OmegaTheme", and "GameZoka" are trademarks of Xipat. You may not use our trademarks without our prior written consent.

11Third-party services

The Services may interoperate with or link to third-party services (for example, Shopify, payment providers, analytics tools, or app stores). Your use of such services is governed by their own terms. We are not responsible for the content, policies, or practices of any third-party services.

12Suspension and termination

You may stop using the Services or delete your account at any time. We may suspend or terminate your access to the Services if:

• You breach these Terms;
• We are required to do so by law;
• Your use of the Services creates risk or possible legal exposure for Xipat or other users; or
• We discontinue the relevant Service.

Sections that, by their nature, should survive termination (including ownership, disclaimers, limitation of liability, indemnification, and governing law) will continue to apply.

13Disclaimers

The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Xipat disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. We do not warrant that the Services will meet your specific requirements or that any data, including merchant or game data, will be preserved without loss.

14Limitation of liability

To the maximum extent permitted by law, Xipat and its affiliates, officers, employees, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Services. Our total aggregate liability for any claim arising out of or related to the Services will not exceed the greater of (a) the amount you paid us for the Services in the twelve months preceding the event giving rise to the claim, or (b) one hundred US dollars (USD 100).

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

15Indemnification

You agree to indemnify and hold Xipat and its affiliates harmless from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or third-party right.

16Governing law and disputes

These Terms are governed by the laws of the Socialist Republic of Vietnam, without regard to its conflict-of-laws principles. Any dispute arising out of or in connection with these Terms or the Services will be resolved by the competent courts in Hanoi, Vietnam, unless mandatory law requires otherwise.

You and Xipat agree to attempt to resolve any dispute informally before commencing legal action by contacting us at [email protected].

17Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and, where appropriate, provide additional notice. Continued use of the Services after the changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Services.

18General provisions

• Entire agreement. These Terms, together with our Privacy Policy and any product-specific terms, constitute the entire agreement between you and Xipat regarding the Services.
• Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures resulting from events beyond our reasonable control.

19How to contact us

Questions about these Terms? We are happy to help.

• Email: [email protected]
• Hotline: 0987 290 998
• Address: No. 18, Lane 11 Thai Ha, Hanoi, Vietnam