TERMS & CONDITIONS

Effective Date: 5 November 2025

These Terms and Conditions govern access to and use of the Duelvex platform and related digital services operated by Itemsism OÜ. They are intended to provide a clear contractual framework for the Company’s educational and entertainment-focused digital services, while preserving all mandatory rights that cannot be excluded under applicable law.

1. Parties, Platform, and Acceptance

These Terms and Conditions (the “Terms”) apply to the website available at https://duelvex.com/ and https://duelvex.r-one.dev/, together with any associated applications, pages, user interfaces, modules, digital features, and related services made available by Itemsism OÜ (collectively, the “Platform”).

The Platform is operated by Itemsism OÜ, a company incorporated under the laws of the Republic of Estonia, registration number 17363244, with its registered office at Harju maakond, Tallinn, Lasnamäe linnaosa, Tuulemäe tn 5, 11411, Estonia (the “Company”, “we”, “us”, or “our”).

By accessing, browsing, registering for, purchasing from, or otherwise using the Platform or any part of the Services, the user (the “User”) confirms that they have read, understood, and agree to be bound by these Terms and by the Company’s related policies, including the Privacy Policy, Cookie Policy, and any payment, refund, or service-specific notices incorporated by reference.

If a User does not agree to these Terms, the User must not access or use the Platform or the Services.

2. Definitions

“Account” means a registered user profile created to access restricted or personalized functions of the Platform.

“Content” means all software, exercises, text, graphics, interfaces, sounds, videos, rankings, metrics, algorithms, designs, compilations, and other materials made available through the Platform.

“Policies” means the Company’s published legal and operational documents, including the Privacy Policy, Cookie Policy, Refund & Chargeback Policy, and any notices or disclosures published on the Platform.

“Services” means the digital games, exercises, learning tools, performance-tracking features, personalization functions, and other digital services provided through the Platform.

“User” means any person who visits, accesses, browses, or uses the Platform.

3. Eligibility and Legal Capacity

The Platform is intended only for individuals who are legally capable of entering into binding agreements under the law applicable to them.

Unless mandatory local law requires a higher threshold, users in the European Economic Area must be at least 16 years of age. Users in jurisdictions imposing a higher legal age, including for digital services or data consent, must satisfy that higher age requirement.

By using the Platform, the User represents and warrants that they satisfy the applicable age and capacity requirements.

The Company does not knowingly contract with, or knowingly collect personal data from, individuals who are not legally permitted to use the Platform under applicable law.

4. User Accounts and Security

Certain functions of the Platform may require the creation of an Account.

Users must provide information that is accurate, current, and complete, and must keep such information updated where relevant.

Users are solely responsible for maintaining the confidentiality of account credentials and for all activity occurring through their Account, whether or not authorised by the User, except to the extent liability cannot be imposed on the User under mandatory law.

If a User becomes aware of, or reasonably suspects, unauthorised use of an Account or any security incident affecting the Platform, the User must notify the Company without undue delay at info@duelvex.com.

The Company reserves the right to suspend, restrict, investigate, or terminate an Account where it reasonably believes that these Terms have been breached, that fraud or abuse has occurred, that the security or integrity of the Platform is at risk, or that suspension is necessary for legal or operational compliance.

5. Nature of the Services

The Platform provides digital cognitive and educational entertainment services, including interactive exercises, performance-oriented features, and related digital content intended for learning, stimulation, and general entertainment.

The Services may include progress indicators, scores, rankings, usage history, recommendations, preference-based functionality, and additional modules introduced from time to time.

The Company may, at its discretion, modify, update, withdraw, replace, or discontinue any part of the Services, whether temporarily or permanently, including for maintenance, improvement, compliance, or business reasons.

The Company does not guarantee that every feature, item of content, or function will remain available indefinitely.

6. Educational and Health-Related Disclaimer

The Platform and the Services are intended solely for educational, informational, cognitive stimulation, and entertainment purposes.

The Services do not constitute medical advice, psychological advice, therapy, diagnosis, treatment, monitoring, or healthcare services of any kind.

The Company makes no representation, warranty, or guarantee that use of the Platform will improve memory, intelligence, concentration, reaction time, mental health, or any other cognitive, neurological, psychological, or medical outcome.

Any scores, metrics, progress indicators, or user performance information generated by the Platform are informational only and must not be interpreted as medical, psychological, or clinical findings.

Users with medical, neurological, psychiatric, or psychological concerns should seek advice from a qualified healthcare professional and should not rely on the Platform as a substitute for professional assessment or treatment.

7. Acceptable Use

Users must use the Platform lawfully, responsibly, and in a manner consistent with these Terms.

Users must not:

7A. Prohibited Conduct

  • Use the Platform for unlawful, fraudulent, deceptive, abusive, or harmful purposes;
  • Attempt to interfere with the operation, integrity, or security of the Platform;
  • Attempt to gain unauthorised access to systems, accounts, data, or networks;
  • Copy, scrape, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or underlying logic, except to the limited extent such restriction is prohibited by applicable law;
  • Use bots, scripts, automation tools, or artificial methods to manipulate the Platform without the Company’s express prior written consent;
  • Upload, transmit, or distribute malicious code, malware, spyware, ransomware, or any other harmful or disruptive material;
  • Infringe the intellectual property, privacy, publicity, or other rights of the Company or any third party;
  • Use the Platform in a way that may impair the experience of other users or the stability of the Services.

8. Intellectual Property

All intellectual property rights in and to the Platform, the Services, and the Content, including software, exercises, algorithms, graphics, branding, layouts, data compilations, and related materials, are owned by or licensed to the Company and are protected by applicable intellectual property laws.

Subject to these Terms, the Company grants the User a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for personal, non-commercial use only.

Except as expressly permitted by law or by the Company in writing, the User may not reproduce, distribute, adapt, publish, display, sell, sublicense, create derivative works from, or otherwise exploit any part of the Platform or the Content.

Unauthorised use of the Company’s intellectual property may result in suspension of access and legal enforcement.

9. User Submissions and Feedback

Where the Platform permits the submission of comments, suggestions, ideas, feedback, ratings, or similar materials, the User grants the Company a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use, reproduce, adapt, publish, distribute, and otherwise exploit such submissions for the purpose of operating, improving, promoting, and developing the Platform and the Services.

The User warrants that any material submitted by the User does not infringe third-party rights and is not unlawful, defamatory, or otherwise prohibited.

10. Fees, Digital Purchases, and Payment Processing

Certain features, subscriptions, or content within the Platform may be offered on a paid basis.

All fees, prices, billing intervals, and material payment conditions will be presented to the User before the relevant purchase is completed.

Payments are processed by independent third-party payment service providers. The Company does not directly process or store full payment card details.

Where digital content or digital services are supplied immediately after purchase, any statutory right of withdrawal may be limited or lost where applicable law permits this and where the necessary disclosures and user acknowledgements have been provided at checkout.

Nothing in these Terms excludes or limits any mandatory consumer rights that cannot lawfully be excluded.

11. Availability, Technical Performance, and Third-Party Dependencies

The Platform is provided on an “as available” and “as is” basis.

Although the Company uses reasonable efforts to operate a secure and reliable platform, it does not guarantee uninterrupted availability, continuous compatibility, absolute accuracy, or error-free performance.

The Platform may be affected by maintenance, internet outages, software defects, cyber incidents, updates, force majeure events, or third-party service failures.

The Company may rely on external infrastructure, hosting providers, payment processors, analytics tools, communication tools, or other third-party services. The Company is not responsible for disruptions, delays, or failures caused solely by such third parties, except to the extent liability cannot be excluded by law.

12. Limitation of Liability

To the fullest extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, loss of revenue, loss of opportunity, loss of goodwill, business interruption, or loss of data.

The Company shall not be responsible for decisions, actions, or omissions taken by Users in reliance on informational outputs, scores, or metrics generated by the Platform.

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence where such exclusion is unlawful, or any other liability that cannot be excluded under mandatory law.

Subject to the preceding sentence and to the fullest extent permitted by law, the Company’s aggregate liability arising out of or in connection with the Services shall not exceed the total amount paid by the User to the Company for the Services during the three months preceding the event giving rise to the claim.

13. Indemnity

To the extent permitted by applicable law, the User agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, contractors, and affiliates from and against claims, liabilities, damages, losses, costs, and expenses arising from or relating to the User’s breach of these Terms, misuse of the Platform, unlawful conduct, or infringement of third-party rights.

14. Suspension and Termination

The Company may suspend, restrict, or terminate a User’s access to the Platform immediately where it reasonably considers such action necessary to protect the Platform, enforce these Terms, investigate suspected misconduct, comply with law, or protect other users or third parties.

Users may stop using the Platform at any time.

Termination or suspension shall not affect rights, remedies, or obligations accrued prior to the date of suspension or termination.

15. Privacy, Cookies, and Related Policies

Use of the Platform is also governed by the Company’s Privacy Policy and Cookie Policy, which explain how personal data, cookies, and related technologies are handled.

In the event of inconsistency between these Terms and a more specific policy addressing a particular subject matter, the more specific policy shall prevail in relation to that subject matter.

16. Changes to the Terms

The Company may amend, revise, or replace these Terms from time to time in order to reflect legal, technical, operational, or commercial developments.

Updated versions will be published on the Platform together with a revised effective date.

Where required by law, additional notice will be provided. Continued use of the Platform after the effective date of updated Terms constitutes acceptance of the revised Terms.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia.

Any dispute arising out of or in connection with these Terms or the use of the Platform shall be subject to the jurisdiction of the competent courts of Estonia, unless mandatory consumer protection law requires otherwise.

Where mandatory consumer protection rights apply in the User’s country of residence, those rights remain unaffected.

18. Contact Information

Itemsism OÜ

Harju maakond, Tallinn

Lasnamäe linnaosa, Tuulemäe tn 5

11411, Estonia

Website: https://duelvex.com/

Email: info@duelvex.com

Registration number: 17363244

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