Terms of Use
Jurisdiction: This Service is provided solely by HBTERA INC, a company located in Boise, Idaho, United States. These Terms of Use are governed by and construed in accordance with the federal laws of the United States and the laws of the State of Idaho (including the Idaho Consumer Protection Act, Idaho Code §§ 48-601 et seq., excluding conflict-of-law rules), and as applicable by federal consumer-protection, electronic-commerce, sanctions, and export-control requirements. The English language version of these Terms is the controlling text.
This document constitutes a binding Terms of Use and User Agreement (collectively, these “Terms”) between you and HBTERA INC (“we,” “us,” “our,” “Company,” or “HBTERA”). By accessing or using the TOWER BUILD website, browser game, in-game shop, recharge pages, customer support, and related services (collectively, the “Service”), you agree to these Terms, the Privacy Policy, and the independent Refund Policy. If you do not agree, stop using the Service immediately.
If documents conflict: personal information is governed by the Privacy Policy; payments and refunds by the Refund Policy; all other matters by these Terms. If a provision conflicts with non-waivable mandatory law, it is inapplicable only to the extent of that conflict.
1. Definitions
- User / You: Any natural person who accesses or uses the Service.
- Coins: In-game currency earned by play and usable only within TOWER BUILD.
- Virtual Goods: Coins, helper items (such as Slow Swing, Wide Block, Extra Life, and Revive), and other digital entitlements.
2. Service Provider and Description of Service
- The Service is operated in the United States by HBTERA INC. Contact: hbteragame@proton.me · +1 (800) 774-1214.
- TOWER BUILD is a browser-based stacking game that may include local save data, an in-game coin shop, published policies, and customer support.
- We may modify, suspend, or discontinue features for security, compliance (including sanctions and fraud prevention), technical, or operational reasons, and will publish material changes where reasonably practicable.
- The Service is not investment advice. We do not promise that Virtual Goods will retain value or that any score outcome will occur.
- We may use third-party hosting, payment, and communications providers located in the United States or elsewhere.
3. Electronic Consent and Communications (E-SIGN)
- You agree to enter into these Terms electronically and acknowledge that electronic records and electronic signatures have the same legal effect as paper writings and ink signatures to the extent permitted by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Idaho Uniform Electronic Transactions Act (UETA).
- We may send communications about the Service, transactions, policy updates, and dispute notices through website postings, in-product notices, or the email address you provide.
4. Acceptance, Amendment, and Termination
- Using the Service constitutes acceptance of these Terms.
- We may amend these Terms. The version and effective date posted on this page control. Continued use after the effective date constitutes acceptance; if you disagree, stop using the Service.
- You may stop using the Service and clear local data at any time. We may limit or terminate the Service if you breach these Terms, engage in fraud or sanctions-related risk, if required by law, or if we discontinue operations.
5. Eligibility, Age, and Minors
- You represent that you have legal capacity to accept these Terms. If you are under 18 years of age, a parent or legal guardian must consent to and supervise your use; the guardian agrees to these Terms and is responsible for the minor’s use of the Service, including any purchases.
- The Service is not directed to children under 13 (see the Privacy Policy regarding COPPA).
- You warrant that information you provide is accurate.
6. Restricted Parties, Sanctioned Regions, and Trade Controls (OFAC / Export Compliance)
Restriction statement: The Service is offered only where lawful. Persons located in, ordinarily resident in, or accessing from sanctioned or otherwise trade-restricted jurisdictions may not use the Service, including the website, game, in-game shop, and recharge functions. HBTERA INC complies with the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the Export Administration Regulations (EAR), and other applicable U.S. sanctions and export-control laws.
- Prohibited geographies. Without limitation, you may not use the Service if you are located in, ordinarily resident in, organized under the laws of, or accessing from: Cuba; Iran; North Korea; Syria; the Crimea region of Ukraine; the Donetsk and Luhansk regions of Ukraine as designated by the U.S. government; or any other country, territory, or region that is the target of comprehensive U.S. sanctions or comparable U.S. trade restrictions, as updated from time to time by OFAC or other competent U.S. authorities.
- Prohibited persons. You may not use the Service if you are (or are owned or controlled by, or acting for the benefit of) a person or entity on the Specially Designated Nationals and Blocked Persons List (SDN List), the Denied Persons List, the Entity List, or any other U.S. restricted-party list.
- No evasion. You may not use a VPN, proxy, false location, false identity, or any other means to circumvent these restrictions.
- Your representation. Each time you access the Service you represent and warrant that you are not a prohibited person, are not in a prohibited geography, and that your use does not violate OFAC rules, the EAR, or other applicable law.
- Our rights. We may refuse, suspend, or terminate access, withhold Virtual Goods delivery, and cancel or refuse recharge or other transactions if we believe these restrictions apply. We have no obligation to provide the Service in any restricted jurisdiction.
7. Prohibited Conduct
You may use the Service only for lawful, personal, non-infringing purposes. You must not: engage in illegal activity, fraud, money laundering, or gambling; cheat, use unauthorized tools, or unlawfully obtain Virtual Goods; attack or interfere with the Service; scrape or commercially exploit content without authorization; trade Virtual Goods outside the Service; or submit false materials in refund requests. We may restrict access, refuse transactions, terminate the Service, and pursue remedies allowed by law.
8. Virtual Goods and License
- Virtual Goods are digital service entitlements for in-game use only. Except where law requires otherwise, they cannot be redeemed for cash or sold outside the Service. You receive a limited, revocable, non-exclusive, non-transferable license—not a transfer of ownership.
- Coins may be earned through gameplay or purchased as Coin packs on the official Recharge page. In-game purchases of helpers with Coins are exchanges of virtual currency already in your balance. Cash-refund and re-delivery rules for recharge and Virtual Goods are set out in the independent Refund Policy.
- For Coin packs priced in U.S. dollars, HBTERA INC is the seller / merchant of record unless a checkout screen expressly states otherwise. Payments are processed by authorized third-party processors. HBTERA INC does not store full payment-card numbers on game servers.
9. Intellectual Property
- Trademarks, content, and software related to TOWER BUILD are owned by HBTERA INC or respective rights holders and are protected by U.S. federal and state intellectual-property law.
- Open-source and third-party components are governed by their licenses. Feedback you provide may, to the extent permitted by law, be used by us without charge to improve the Service.
10. Disclaimers and Limitation of Liability
- To the maximum extent permitted by Idaho and applicable federal law, the Service is provided “AS IS” and “AS AVAILABLE.” We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement (except where law prohibits disclaimer).
- Except for intentional misconduct, gross negligence, or liability that cannot be limited by law, we are not liable for indirect, incidental, consequential, or punitive damages, or for lost profits, data, or goodwill.
- To the extent permitted by law, our aggregate liability to you will not exceed the amount you actually paid us for the order giving rise to the claim; if there was no related payment, our liability is zero.
- Some states do not allow limitations on implied warranties or exclusion of incidental or consequential damages; those limitations may not fully apply to you.
11. Dispute Resolution
Disputes arising from these Terms, the Service, or Virtual Goods are resolved under the following procedures. This Section is governed by the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq.
11.1 Written Notice and Negotiation
- You must first send a written dispute notice to hbteragame@proton.me (you may call +1 (800) 774-1214 and follow up in writing). Include identity, contact email, facts and relief sought, and any order or payment documentation.
- We ordinarily respond within 15 business days after receiving a complete notice. A 30-day negotiation period begins when we confirm receipt. During that period, neither party may commence arbitration or litigation except for temporary injunctive or provisional relief.
11.2 Binding Individual Arbitration
- If negotiation does not resolve the dispute, and except as provided in Section 11.3, the dispute will be submitted to the American Arbitration Association (AAA) for binding individual arbitration under its then-current Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable.
- Seat of arbitration: Boise, Idaho. With mutual consent, proceedings may be conducted in writing, by telephone, or by video. The language of the arbitration is English.
- Claims may be brought only in an individual capacity. Class, collective, or representative arbitration or litigation is waived to the fullest extent permitted by law.
- Any award may be confirmed and enforced in a court of competent jurisdiction.
11.3 Small Claims and Interim Relief
- Either party may bring an individual action in a court of competent jurisdiction for small claims if the claim qualifies, without arbitration.
- Either party may seek temporary injunctive or other equitable relief in court to protect intellectual property or prevent irreparable harm, without waiving arbitration.
11.4 Court Venue (When Arbitration Does Not Apply)
If the arbitration clause is held unenforceable, or if a dispute must be heard in court, the parties consent to the exclusive jurisdiction of the state courts of Ada County, Idaho or the U.S. District Court for the District of Idaho, to the extent permitted by law, and to personal jurisdiction in those courts.
11.5 Governing Law
These Terms are governed by the laws of the State of Idaho and applicable United States federal law (without regard to conflict-of-law rules), including the Idaho Consumer Protection Act. Interpretation and enforcement of the arbitration agreement are governed by the FAA.
11.6 Limitation Period and Regulatory Complaints
- Except where law prohibits shortening, any claim must be brought under this Section within one (1) year after the claim accrues.
- Nothing in these Terms limits your right to file a complaint with the Federal Trade Commission (FTC), the Idaho Attorney General’s consumer-protection division, or another competent authority.
12. General Provisions
- These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and us on the subject matter.
- If any provision is held unenforceable, the remainder remains in effect. Waivers must be express and in writing.
- You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or asset transfer.
- Section headings do not affect interpretation.
13. Contact Us
HBTERA INC
1015 S STANLEY ST BOISE, ID 83705-2073
Email: hbteragame@proton.me
Phone: +1 (800) 774-1214
Please use the subject line “Dispute Notice” for dispute notices.