Terms of Play

These Terms of Play (the "Terms") are an agreement between you and Tensflare Ltd. ("Tensflare", "we", "us"), the company behind Tens Games. They cover your use of the website at tens.games, the game 9ja Heat Race, and any other game or feature we offer under the Tens Games name (together, the "Services"). Organisations that use other Tensflare products should see Tensflare's separate commercial terms.

By playing or visiting the Services, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use the Services.

1. Eligibility and accounts

1.1 Who can play

Anyone can play as a guest. You must be at least 13 to create an account. If you are under 18, you may use an account only with the permission of a parent or guardian, who is responsible for your use of the Services and agrees to these Terms on your behalf; please ask them before you save your progress with an email address or buy anything. You must be 18 or older, and able to act for your business, to book advertising.

1.2 Guest play and accounts

You can play as a guest. If you save your progress with an account, you must give accurate information, keep your sign-in details confidential, and tell us if you think someone else has used your account. You are responsible for what happens under your account. Guest progress is stored on your device and may be lost if you clear your browser data, so we encourage you to save your progress. You can delete your account at any time from your account menu in the game (or, for advertisers, under Business details in Tens.Games for Brands).

1.3 One person, one account

Don't share accounts, sell or transfer accounts, or create accounts to get around a suspension.

2. Playing the game

2.1 Licence

We give you a limited, non-exclusive, non-transferable, revocable licence to access and play the Services for your personal, non-commercial use, as long as you follow these Terms.

2.2 Fair play and acceptable use

You agree not to:

• cheat, or use bots, scripts, macros, emulators or modified clients to gain an advantage or to automate play;
• exploit bugs, glitches or the in-game economy, or report scores or runs that were not genuinely driven, and you must tell us about serious bugs you find;
• manipulate leaderboards, including by trading ranks, farming ghosts or using multiple accounts;
• access, probe or attack our systems, or interfere with other players' use of the Services;
• copy, reverse engineer, decompile or extract the game's code, models, audio or data, except where the law allows;
• use the Services to harass, threaten or abuse others, or to share unlawful or hateful content; or
• use the Services for any unlawful purpose.

2.3 Rankings and game rules

Leaderboards, ranks, rewards, events and game balance are ours to run. We may change them, reset them, correct them or remove entries that appear to break these Terms or that result from an error. We may validate ranked runs automatically, and our decisions about rankings are final, subject to your right to ask us to review them.

3. Your nickname and your content

3.1 What you give us

You keep any rights you have in the nickname and other content you give us. At launch, the only content players create is a nickname, preset customisation choices and run recordings. We do not allow free-text chat.

3.2 Licence to us

You give us a worldwide, non-exclusive, royalty-free licence to host, display and use your nickname, vehicle, rank, score and ranked-run recordings in and around the Services, including on leaderboards, in ghost replays, on result and share cards, and in our promotion of the game. This licence ends when you delete your account, except for copies in backups for a reasonable time and anonymised data.

3.3 Nickname rules

Your nickname must not impersonate any person or organisation, contain personal details, or be offensive, hateful or unlawful. We may change or remove any nickname that breaks these rules.

3.4 Your responsibility

You promise that you have the right to give us anything you submit and that it does not break the law or anyone's rights.

4. Virtual items and purchases

4.1 Bounty and virtual items

"Bounty", upgrades, vehicles, cosmetics and other in-game items are virtual items. They have no cash value, you do not own them, and we give you a limited licence to use them in the game. You cannot sell, trade or transfer them for money or anything else, and they cannot be redeemed for cash. All in-game currency is kept on our servers.

4.2 Our commitments on paid items

Paid items are premium vehicles that you unlock permanently on your account for a price shown before you pay. Each has its own look and handling. Every city can be reached and played with the free vehicles, and performance upgrades are earned in play, not bought. We do not offer loot boxes, paid randomness or real-money gambling.

4.3 Payments and refunds

Payments are processed by Paystack, in Nigerian naira. Prices include 7.5% VAT, and we issue a receipt for every payment. You must be signed in to buy, and an unlock is added to your account as soon as Paystack confirms the payment.

Because an unlock is delivered at once, paid items are non-refundable once unlocked, unless the item doesn't work as described, you were charged by mistake or more than once, or the law requires a refund. To ask, email support@9jaheat.com within 14 days with your receipt number. If we refund a payment, or a payment is reversed with your bank, we remove the item it paid for. We may change prices for future purchases; this never affects what you have already bought.

4.4 Changes to items and progress

We may rebalance, rename, replace or retire virtual items, and we may reset or migrate progress, for example to fix a bug, stop abuse or release a new version. Where we remove a paid item you have bought, we will offer a fair replacement or remedy.

4.5 Advertising bookings

Businesses can book sponsored placements in 9ja Heat Race through Tens.Games for Brands at 9jaheat.com/brands. The price for your placement and dates is shown before you pay, includes 7.5% VAT, and comes with a tax invoice. Paying reserves your dates; every campaign and its artwork is then reviewed before it appears in the game. If we ask for changes, you can upload new artwork without paying again. If we decline a campaign that can't be fixed, or cancel it before it starts, we refund it in full. Once a campaign has started, we don't refund days already shown. You are responsible for your artwork, links and offers, which must be lawful, accurate and suitable for a general audience.

5. Intellectual property and the fictional world

5.1 Our rights

Tensflare and its licensors own the Services, including the game's software, artwork, models, music, voices, radio content, names and logos. Apart from the licence in section 2.1, nothing in these Terms gives you any rights in them. Tens Games, 9ja Heat Race and related logos are trademarks or brand names of Tensflare.

5.2 Music, voices and partner content

Some audio and artwork is created by or licensed from independent artists, who keep their own rights. You may not copy or reuse them outside the Services.

5.3 Feedback

If you send us ideas or feedback, you give us a perpetual, irrevocable, royalty-free licence to use them without any obligation to you.

5.4 It's fiction

The world of 9ja Heat Race is fictional. The Enforcers and their agencies, radio stations, businesses, advertisements and characters are invented. Any resemblance to real organisations, people or events is coincidental, and no real person, company or government body endorses or is connected with the game. Chases in the game are non-violent. The Services are not a depiction of, or comment on, any real law enforcement conduct.

6. Sponsored content and third parties

The Services may include sponsored content, such as billboards, radio ads and branded cosmetics. Sponsors are responsible for their own content and offers. We are not responsible for third-party websites or services that we link to or that you use to share your results, and your use of them is under their terms.

7. Safety and health

7.1 Play only. Never race on real roads.

The game is entertainment. Never copy driving in the game on real roads, and do not play while you are driving, riding or crossing a road.

7.2 Flashing lights

The game uses flashing red and blue lights, screen shake and fast motion. If you may be sensitive to flashing lights, use the "reduce motion" and "screen shake off" settings, or don't play. Stop playing and see a doctor if you feel dizzy, unwell or have any seizure symptoms.

7.3 Data costs

The game runs in your browser and uses mobile data. Check your data plan. A data-saver setting is available.

8. Availability and changes

We work hard to keep the Services running, but we don't promise they will always be available, uninterrupted or error free. We may change, suspend or end any part of the Services, add limits on the number of players at one time, or release new versions. Some modes may need an internet connection.

9. Disclaimer of warranties

To the fullest extent the law allows, the Services are provided "as is" and "as available", without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement. Nothing in these Terms limits any rights you have under consumer protection law that cannot be excluded.

10. Limitation of liability

To the fullest extent the law allows, Tensflare, its affiliates and their directors, employees and suppliers are not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of data, profits, virtual items or goodwill, arising from your use of the Services. Our total liability for any claim relating to the Services is limited to the greater of US$100 or its naira equivalent or the amount you paid us for the Services in the 12 months before the claim. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law.

11. Termination

11.1 By you

You can stop playing at any time and delete your account in the game settings or by contacting us.

11.2 By us

We may warn you, remove content or rankings, suspend or end your access, or close your account if you break these Terms, cheat, or put the Services or other players at risk, with or without notice where appropriate.

11.3 What happens next

Your licence to play ends immediately. Virtual items and progress are lost, and are not refunded unless the law requires. Sections 3.2 (for the time stated), 4.1, 5, 9, 10, 12 and 13 continue to apply.

12. Dispute resolution

12.1 Talk to us first

If you have a problem, email support@9jaheat.com. We aim to resolve most issues informally, and we will try to respond within 60 days.

12.2 Arbitration

If we can't resolve a dispute informally, it will be settled by binding individual arbitration under the rules of the Lagos Court of Arbitration, in English, with its seat in Lagos, Nigeria.

12.3 No class actions

To the extent the law allows, you and we each agree to bring claims only on an individual basis, and not as part of a class, collective or representative proceeding.

12.4 Small claims

Either of us may bring a qualifying claim in a small claims court in Lagos instead of arbitration.

12.5 Urgent relief

Either of us may ask any competent court for an injunction or other urgent relief to protect rights, such as intellectual property or the security of the Services.

13. General

• Governing law. These Terms are governed by the laws of the Federal Republic of Nigeria.
• Entire agreement. These Terms, the Privacy Policy and any rules shown in the game are the whole agreement between you and us about the Services.
• Severability. If a part of these Terms can't be enforced, the rest stays in effect.
• No waiver. If we don't enforce a right straight away, we haven't given it up.
• Assignment. You can't transfer your rights under these Terms without our written consent. We may transfer ours to an affiliate or a successor.
• Events beyond our control. We are not liable for delays or failures caused by events outside our reasonable control.
• Language. These Terms are written in English. If we provide a translation, the English version prevails.

14. Changes to these Terms

We may update these Terms from time to time. We will post the new version on this page and update the "Last updated" date. If a change is material, we will also tell you in the game or by email. By continuing to use the Services after a change takes effect, you accept the updated Terms. If you don't agree, stop using the Services.

15. Contact

• Game and advertising support, and informal dispute resolution: support@9jaheat.com
• Legal notices: notices@tensflare.com
• Privacy: privacy@tensflare.com
• Registered office: Tensflare Ltd., FEPA Quarters, Karu Site, Abuja FCT, Nigeria