Terms of Use

Effective Date: 15 April 2021

1. About these Terms of Use

These Terms of Use (“Terms”) is a legal agreement between you and X-FLOW LTD (registration number HE 381987, having registered office at Ioanni Kondylaki, 46 Q TOWER, Flat/Office 4 6042, Larnaca, Cyprus) (“X-FLOW” “we” or “us”).

By visiting www.x-flow.app and any other site or online service that is owned or operated by X-FLOW (each, a “Site” and collectively, the “Sites”), using mobile games published by X-FLOW (each, an “App” and collectively, the “Apps”), playing games that can be played through third party platforms, e.g., via consoles, PCs and/or social media sites such as Facebook (“3rd Party Platform Games”) or otherwise access any of our other products, services or content (collectively, Sites, Apps and 3rd Party Platform Games are referred to as the“Services”), you agree to and accept the Terms, which we may update from time to time. Your use of our Services is also subject to our Privacy Policy (which is a part of the Terms) and our Cookie Policy (which is incorporated into the Privacy Policy) which cover how we collect, use, share and store your personal data.

By downloading, installing, using or otherwise accessing the Services, you agree to the Terms. If you do not agree to the Terms, please do not download, install, use or otherwise access the Services. Use of the Services is void where prohibited.

Our Apps download/purchase page may contain certain additional terms, conditions and requirements, which constitute a part of the Terms. In case you download/purchase the Apps through an online store such as Google Play Store, Apple App Store, etc. (“Online Store”), please, review the terms and conditions of the owner of that particular Online Store, which may provide for certain additional requirements applicable to the download of the Apps through that Online Store, its installation and use.

You can find the latest updated version of the Terms at any time at our Site www.x-flow.app/terms-of-use.html 

The Services may contain specific rules, controls and guidelines, which can be found within the Services themselves and which are related to the use of the Services. Such rules, controls and guidelines form a part of the Terms and you agree that you will comply with them.

2. Changes and Severability

We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time by posting the amended Terms. If there is a material change, we may also provide additional notice within the Services. Unless we state otherwise, the changes are effective immediately upon posting. Each time you access our Services, the current version of the Terms applies. If you continue to use the Services after the changes are posted, you agree that the changes apply to your continued use of the Services.

If you do not agree with any amendment to the Terms, your only remedy is to cease use of our Services.

If any portion of the Terms is deemed to be illegal or unenforceable, the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable.

3. Requirements To Use

By installing, accessing or using our Services you confirm that you are at least 16 years of age and have a full legal capacity to enter into this agreement. In case you are between 16 and 18 years of age, you hereby confirm, that your parent, or a legal guardian, or other representative under the applicable law has reviewed and agrees to the Terms and allows you to access and/or use our Services.

We also reserve the right, in our sole discretion and at any time, to discontinue or modify our Services or any part thereof or remove or edit Content (as defined below), without prior notice either permanently or temporarily, at which point your right to use those Services or any part thereof will be automatically terminated or suspended.

The transmission of information over wireless and wired networks is not inherently secure. We use many tools to help to protect your personal data against unauthorized access or disclosure, however, we may not guarantee that your personal data or private communications will always remain private when using our Services. You accept all responsibility for such security risks and any damage that may result therefrom. It is also your sole responsibility to use all reasonable and recommended measures (such as complex passwords, etc.) in order to secure your device from any unauthorized access.

U.S. GOVERNMENT RESTRICTED RIGHTS: Our Services have been developed entirely at private expense and are provided as “Commercial Computer Software” or “ restricted computer software”. Any use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable.

Any download of our Apps and use of our Services shall be in compliance with all relevant international, U.N., USA or EU sales, export or import restrictions and regulations and you agree to comply with them. You represent and warrant that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a „terrorist supporting” country; and (ii) you are not listed in any U.S. Government or EU sanction list of prohibited or restricted parties and you comply with relevant U.S. Government and EU sanctions and embargos; and (iii) you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations, when using the Services.

4. User Account

To access or use features of some of our Services, you may be required to register by creating an account (“Account”) or by signing in via a third-party tool (such as Facebook Log In, Sign-In with Apple or Google Sign-In) (“Third-Party Tool”). To create an Account, you may be required to provide details and select a password or to otherwise allow us to access your information through a Third-Party Tool. Please note that Third-Party Tools are governed by their own privacy policies, terms and end-user agreements and we are not responsible for and have no control over the business and privacy practices of such Third-Party Tools. Please review Third-Party Tools privacy policies, terms and end-user agreements before signing into our Services via a Third-Party Tool.

You must safeguard and not disclose your login and password information related to your Account in our Services. You will be responsible for all uses of your Account, your login and password information, including purchases, whether or not authorized by you. If you become aware or suspect any breach of security, including any loss, theft or unauthorized disclosure of your Account, your login or password information, you must immediately notify us and modify your login and password.

You must provide accurate and complete information when creating an Account in our Services and to update your information promptly upon change. You also agree not to misrepresent your identity or to create an Account on behalf of someone other than yourself.

You undertake to monitor your Account at all times and to restrict use by anyone who does not meet the requirements to use our Services. You accept full responsibility for any use of the Service using your Account, your login and password information, including any use of your credit card or other payment instrument.

If you wish to terminate or close your Account, or to modify your login, password or other personal information with your Account, you may do so by contacting us at support@x-flow.app.

5. Purchases in the Services

When you make in-app purchases (including purchases of Virtual Items in the Services), the payment for such purchases may be processed either by third parties on our behalf, or directly by the owner of the Online Store. If you download the Apps from the Online Store owner, before effecting the purchase from the Online Store, please also review and accept the terms and conditions of the Online Store owner with regard to your rights to cancel orders and get related refunds. Thus, if you have any payment related issues (including cancellation or refund requests), then you will need to contact the respective Online Store owner directly.

When making purchases in the Services, you agree that the digital content will be available to you immediately, and acknowledge that you will lose your rights to the 14 days cancellation period and refunds available for EU and EEA residents.

All purchases in or associated with the Services are final and non-refundable, except when required by applicable law or at X-FLOW’s sole discretion.

6. Virtual Items

In the course of using the Service you may win, earn or alternatively purchase with real money certain game credits, prizes, virtual coins, tokens, points diamonds and other virtual in-game items (collectively, “Virtual Items”).

When purchasing Virtual Items, you agree to pay us the applicable charges for your purchase, including applicable taxes, through the applicable Online Store or payment processing partner. Your purchase will be fulfilled only if your payment transaction with the applicable Online Store or payment processing partner is successful.

Please note that you only purchase a limited, revocable, non-transferrable license for personal use of Virtual Items in the Services. Virtual Items are not “sold” to you. You agree that you do not own any Virtual Items that you obtained through the Services, regardless of whether you earned those Virtual Items or purchased them.

You are not allowed to exchange Virtual Items with us or with anyone else for real money (traditional currency, any other open digital currency), goods, other items, or services of monetary value. Unless expressly authorized in the Services, you shall not transfer Virtual Items outside the Services to any third party, for example by selling, gifting or trading them in the “real world”. Any such transfer or attempted transfer is prohibited and void.

We retain the right to manage, regulate, control, modify or eliminate Virtual Items at our sole discretion, and we shall have no liability to you or anyone for exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. We may selectively remove or revoke your license to use Virtual Items in the Services without notice at our sole discretion.

You are not obligated, at any time, to purchase any Virtual Items. Your purchase of Virtual Items is final and is not refundable, transferrable or exchangeable, except in X-FLOW’s sole discretion or when required by applicable law.

Please note that if you request your personal data to be erased as specified in our Privacy Policy, you will permanently and without a right to a refund lose all your Virtual Items, as we will no longer be able to associate such Virtual Items with you.

YOU ACKNOWLEDGE THAT X-FLOW IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT OR WHEN YOU CEASE TO USE OUR SERVICES.

7. Ownership and License

Our Services are comprised of works and intellectual property owned by X-FLOW and/or its licensors, including, without limitation: games, titles, computer code, themes, objects, characters, stories, dialogue, artwork, graphics, images, animations, audio-visual effects, screen shots, text, sound, music, digitally downloadable files, trademarks, logos, product and character names, slogans, virtual currency and virtual items and the compilation of the foregoing (“Content”).

Under the Terms, we grant you a non-exclusive, personal, limited, revocable and non-transferable license to use our Services, provided you agree to comply with the Terms. The Content in our Services are for gaming services and for your non-commercial enjoyment and entertainment. Any other use, including modification, reproduction, uploading, posting, transmission, distribution, sale, rent, lease, display, performance, broadcast, sublicense, assignment or other making available of any rights to the Content or any portions thereof to third parties in any form or by any means without our prior written permission, is strictly prohibited.

You may not remove any proprietary notices or labels on the Content or use the Content in any unlawful or infringing manner. Any bypass, modification, defeat or circumvention of the Digital Rights Management solution (“DRM”) used for protection of the Content is strictly prohibited.

You are not granted any other right, title or interest in our Services or any Content except as expressly provided herein. All other rights are reserved.

Notwithstanding the Terms, the opensource software is licensed to you subject to the terms and conditions of the respective software license agreements accompanying such opensource software.

You agree that you will not: (i) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (ii) access or use the Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to X-FLOW; (iii) disrupt or interfere with the security of, or otherwise cause harm to the Services, servers or networks that host the Services; (iv) violate the intellectual property of other rights of any party, including X-FLOW; (v) sell, license or exploit the Services for any commercial purposes; and (vi) remove or destroy any copyright notices or other proprietary markings contained on or in the Services.

IF YOU HAVE BEEN FOUND IN VIOLATION OF THE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND AT ANY TIME, TO LIMIT, SUSPEND, MODIFY OR TERMINATE ACCESS TO SERVICES OR ANY PORTION THEREOF. IF THIS HAPPENS, X-FLOW IS NOT REQUIRED TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS. IN ADDITION, YOU MAY BE FOUND TO BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, INCLUDING X-FLOW’S INTELLECTUAL PROPERTY RIGHTS.

8. Users Generated Content

On certain areas of our Platform or otherwise, you may be able to chat with other users, and submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings and other materials and content (“User Generated Content” or “UGC”). Your posting of UGC is subject to the Terms and the following posting rules (“Posting Rules”):

A.    You agree that your UGC is:

B.    Responsibility of Postings. You understand and acknowledge that UGC is solely your responsibility, and that X-FLOW is not responsible for the information, data, text or other materials that may appear in UGC. Opinions expressed in UGC do not reflect the opinions of X-FLOW. UGC is not necessarily reviewed by X-FLOW prior to posting and X-FLOW makes no warranties, express or implied, as to the UGC or to the accuracy and reliability of the UGC.

C.    No Monitoring/Violation Notices. You acknowledge that X-FLOW has no obligation to monitor and takes no responsibility for any UGG posted, transmitted, or communicated to or within the Services. Notwithstanding the foregoing, you further agree that X-FLOW and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any UGC that is available via the Services.

D.    Objectionable Content. You shall not post, upload or submit to the Services any UGG that violate these Terms or that contains or links to Objectionable Content. “Objectionable Content” means content that promotes or links to content that is (i) offensive, harassing, threatening, abusive, inflammatory or racist; (ii) sexually explicit or obscene; (iii) illegal, fraudulent, deceptive, contrary to public policy or that could facilitate the violation of any applicable law; (iv) harmful to minors in any way; (v) libelous or defamatory; (vi) violates the intellectual property, privacy, publicity, moral or any other right of any third party (such as by way of misrepresenting your identity or impersonating a third party), or otherwise injurious to third parties or objectionable, and (vii) software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”.

 

YOU UNDERSTAND AND AGREE THAT X-FLOW MAY DELETE ALL UGC AT ANY TIME, AND WITHOUT NOTICE, IF X-FLOW DEEMS THAT YOU MATERIALLY BREACH THESE POSTING RULES, THE TERMS, APPLICABLE LAW, OR FOR ANY OTHER REASON. X-FLOW ASSUMES NO LIABILITY FOR ANY INFORMATION REMOVED FROM OUR SEVICES AND RESERVES THE RIGHT TO PERMANENTLY RESTRICT ACCESS TO SERVICES.

9. Ownership and License of UGC

After posting your UGC on or through the Services, you continue to retain all ownership rights in such UGC, and you continue to have the right to use your UGC in any way you choose, subject to the Terms and the license described herein (“UGC License”).

A.    Scope of License. By displaying, publishing, or otherwise posting any UGC on or through the Services, you hereby grant to X-FLOW the non-exclusive, irrevocable, worldwide, royalty free license to edit, adapt, publish, modify, reproduce, distribute, publicly display and use your UGC and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you. To the extent allowed by applicable laws, you agree to waive any moral rights you may have in Feedback (e.g. the right to be identified as the author of Feedback or the right to object to a certain use of Feedback). Any UGG you submit on or through the Services will be considered non-confidential and non-proprietary. If you have any idea or information that you would like to keep confidential and/or do not want others to use, please refrain from posting it.

B.    Representations. You represent and warrant that: (i) you solely own the UGC displayed, published or posted by you on or through the Services or otherwise have the right to grant the license set forth herein, and (ii) the displaying, publishing or posting of your UGC does not violate infringe on the rights of any third party, including any copyright, trademark, patent, trade secret or other intellectual property right, or the privacy rights, publicity rights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any UGC displayed, published or posted by you to the Services. Except for your UGC, you may not edit, adapt, publish, reproduce, distribute, publicly display and use any UGC appearing on the Services.

10. User Feedback

You may, at your sole discretion, provide us with suggestions, comments or feedback with respect to the Services (collectively, “Feedback”). You represent and warrant that you shall not provide us with Feedback that contains Objectionable Content or infringes upon third party’s rights. If you provide Feedback to us, hereby assign to X-FLOW all rights in the Feedback and agree that X-FLOW shall have the right to use such Feedback and related information in any manner that it deems appropriate. X-FLOW will treat any Feedback you provide as non-confidential and non-proprietary. To the extent allowed by applicable laws, you agree to waive any moral rights you may have in Feedback.

11. Links to Third Parties

Our Services may feature advertisements from third-party companies. Please review our Privacy Policy which explains what information we share with advertisers. We are not responsible for the availability of such websites or resources of the third parties, and we are not responsible or liable for any content, advertising, or services they provide.

Any content, advertising or services by such third party are provided following the terms of services and privacy policies to be found on the website of the respective third party and, where applicable, you must familiarize yourself and accept the terms of services and privacy policies of such third party before using their services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. X-FLOW is not liable for any claim relating to any content, goods or services, business practices or privacy policies of third parties, including for how they collect, use or share information they get from you.

12. Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD X-FLOW, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, COMMISSIONAIRES OR LICENSORS HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS, SUITS, LOSSES, LIABILITY, DAMAGES COSTS AND/OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR OR INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, OR ANY KIND OF ALLEGED OR ACTUAL BREACH BY YOU OF THE TERMS, OR ANY INFRINGEMENT BY YOU OR ANY THIRD PARTY OF ANY INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS OF OTHER PERSONS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF X-FLOW.

13. Warranty Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT A WARRANTY OF ANY KIND. YOU USE THEM AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, X-FLOW, ON BEHALF OF ITSELF AND ANY OF ITS AFFILIATES, LICENSORS, DISTRIBUTORS, THIRD PARTY SUPPLIERS AND OWNERS OF THE ONLINE STORES, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. WITHOUT LIMITATION, X-FLOW MAKES NO WARRANTY THAT THE SERVICES AND THE QUALITY THEREOF WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, CORRECT, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY KIND OF PROPERTY DAMAGE OR LOSSES ARISING FROM YOUR USE OF OUR SERVICES, OR DUE TO ANY UNAUTHORIZED ACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY, OR DUE TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, INCLUDING ANY DAMAGE OR LOSSES BECAUSE OF USE OF ANY CONTENT.

14. Limitations of Liability

UNDER NO CIRCUMSTANCES WILL X-FLOW OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, COMMISSIONAIRES OR LICENSORS BE LIABLE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY OR NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SERVICES, BREACH OF CONTRACT, UNAUTHORISED ACCESS, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER ACTION BY ANY THIRD PARTY, EVEN IF WE OR OUR AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM THE TERMS OR RELATED TO YOUR USE OF THE SERVICES, WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR USING THE SERVICES UNDER THE TERMS DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM FIRST AROSE. THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY REMEDY SPECIFIED IN THE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

15. Waiver of Our rights

Our failure to exercise or enforce any of our rights under the Terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

16. Terms, Termination and Survival

17. Governing Law

The provisions of the Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus without reference to conflict of law rules and principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) to the Terms is hereby expressly excluded.

18. Dispute Resolution

Most concerns can be solved quickly by contacting us at legal@x-flow.app

In the unlikely event that we cannot solve your concern within 30 (thirty) days, and you wish to bring legal action against us, then that dispute will be subject to the jurisdiction of the courts of the Republic of Cyprus.

By voluntarily accepting these Terms, you and X-FLOW both agree that the parties can only bring a claim against each other on an individual basis. To the maximum extent permitted by applicable law, neither you nor X-FLOW shall be entitled to consolidate, join or coordinate disputes by or against other individuals or entities, or participate in any collective or class action or litigation. In connection with any dispute, any and all such rights are hereby expressly and unconditionally waived.

USA Users
Each party specifically waives any right to trial by jury in any court in connection with any action or litigation. Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of the others.

19. Force Majeure

Neither you nor we will be liable for any failure to perform any obligation under the Terms or to provide access to Services of that failure is caused by the happening of any unforeseen event beyond your or our reasonable control, including without limitation, war, terrorism, riots, embargoes, Internet outages, network infrastructure failures, natural disasters, fire, flood or act of God.

20. Miscellaneous Terms