TERMS OF USE

Last updated: 2 May 2025

Summary:

  • These are the legally binding rules for our products and services, including our mobile games. It is important you read and understand the full Terms below.
  • Subject to your strict compliance with these Terms, you are given a personal license to access, use and/or play our products and services (but we own them).
  • There are rules about what you can and cannot do with X-FLOW’s services, please see Section 9. Consequences of breaking these rules are set out in Section 17.
  • There are important rules around dispute resolution (set out in Section 20 for US users, and Section 19 for all other users) and liability (please see Section 15).

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 8 Genethliou Mitella, 3036, Limassol, Cyprus) (“X-FLOW”, “we” or “us”).

By visiting https://www.xflowgames.com/ 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 as set out in Section 2. Your use of our Services is also subject to our Privacy Policy 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 or accepting the Terms in any other way, you agree to the Terms. If you do not or cannot 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 https://xflowgames.com/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.

PLEASE SEE IN PARTICULAR SECTION 20 OF THESE TERMS, WHICH APPLIES ONLY TO U.S. USERS. SECTION 20 CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION/REPRESENTATIVE-TYPE ACTION WAIVER FOR U.S. USERS, AS FURTHER DESCRIBED IN SECTION 20. IN ADDITION, ARBITRATION PRECLUDES US FROM SUING IN COURT OR HAVING A JURY TRIAL. WHILE YOU MUST AGREE TO THESE PROVISIONS, THERE IS AN OPTION, DESCRIBED BELOW, TO OPT OUT THE ARBITRATION AND CLASS ACTION/ REPRESENTATIVE-TYPE ACTION WAIVER PROVISIONS. THE OPTION TO OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS AND REQUIRES YOUR IMMEDIATE ATTENTION.

2. Changes and Severability

We reserve the right, to change, modify, add or remove portions of the Terms and/or change, patch or update the Services from time to time (including in relation to Virtual Items and Content – defined below), for example: (i) to reflect changes in applicable laws or regulations; (ii) to adapt to technological developments (including security); (iii) to adapt to changes in business practice, market conditions, game balance or player behaviour; (iv) due to licensing or commercial changes; and (v) for your benefit or advantage. Changes and updates to the Services may result in mandatory and/or automatic updates, and un-updated versions may become unusable and unsupported over time.

For non-material changes, we will make the amended version available by posting the amended Terms on our Site and/or on the Services. 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, you must 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

You may only use our Services if you are at least 18 years of age or of the age of majority in your country, whichever is older, and have a full legal capacity to enter into this agreement and accept these Terms.

YOU MAY NOT SUBMIT ANY OF YOUR PROFILE INFORMATION OR USE THE SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE OR OF AGE OF MAJORITY IN YOUR COUNTRY, WHICHEVER IS OLDER, TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES BY APPLICABLE LAW.

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.

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 an 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.

OUR SERVICES ARE NOT INTENDED FOR DISTRIBUTION TO OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW OR REGULATION OR WHICH WOULD SUBJECT X-FLOW TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY, AND THE USE OF THE SERVICE IS UNAUTHORIZED IN ANY SUCH JURISDICTION OR COUNTRY. YOU AGREE NOT TO ACCESS OR USE OUR SERVICES IN ANY SUCH JURISDICTION OR COUNTRY. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE USE OF THE SERVICES IS LAWFUL IN THE JURISDICTION OR COUNTRY WHERE YOU ARE LOCATED.

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 the 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 [email protected].

5. Purchases in the Services

When you make in-app purchases (including purchases of Virtual Items in the Services and in-app subscriptions), 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. If you have any payment related issues (including cancellation or refund requests), 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 UK, 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. Subscriptions

Some of our Services may offer you certain auto-renewable subscriptions on a weekly, monthly, tri-monthly, semi-annual or annual basis (“Subscription Period”). Your subscription is linked to your Online Store account and cannot be transferred between different Online Store accounts. Payments for a subscription will be charged at your account at the confirmation of purchase. Subscription will automatically renew for the same price and duration period as the original subscription package chosen by you, as may be amended from time to time. To avoid being charged for a new Subscription Period, you must cancel a subscription:

  • in case of an Apple App Store, at least 24-hours before the end of the then-current Subscription Period, or
  • in case of Google Play Store, Amazon App Store, at any time before the end of the then-current Subscription Period.

If you cancel a subscription, the cancellation will take effect at the end of the then-current Subscription Period. You can manage subscriptions by going to your Online Store account settings at any time after the purchase:

  • For Apple App Store, please see the guidance for subscription management here.
  • For Google Play Store, please see the guidance for subscription management here.
  • For Amazon App Store, please see the guidance for subscription management here.

Certain of our subscription services may be offered on a free trial basis for a certain period of time. Unless otherwise stated, the free trial is available only one time per a new subscriber. You may cancel a subscription during its free trial period via the subscription settings through your Online Store account. This must be done 24 hours before the end of the free trial subscription period (Apple App Store), or at any time before the end of the free trial subscription period (Google Play Store, Amazon App Store), otherwise it will be renewed as a paid subscription. Any unused portion of a free trial period, if offered, will be forfeited if you purchase a paid subscription prior to the expiry of such trial period, where applicable.

We reserve the right to change the terms of subscriptions offered in the Services at any time as set out in Section 2. In case of material changes to your subscription plan we will let you know in advance. If you do not agree to those changes, you can cancel your subscription as described above.

7. Virtual Items

While using the Services 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 as set out in Section 2. Prices and availability of Virtual Items are subject to change without notice. We may remove or revoke your license to use Virtual Items in the Services if you breach these Terms.

You are not obligated, at any time, to purchase any Virtual Items. Your purchase of Virtual Items is final and is not refundable, transferable or exchangeable, except in X-FLOW’s sole discretion or when required by applicable law (including as set out in Section 5).

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 YOU WILL NOT RECEIVE MONEY, REFUND OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT OR WHEN YOU CEASE TO USE OUR SERVICES.

8. Ownership and License

Our Services are comprised of 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, conditional upon your compliance with the Terms. The Content in our Services is for your personal, non-commercial enjoyment and entertainment only. 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 or 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 AT ANY TIME, TO LIMIT, SUSPEND, MODIFY OR TERMINATE YOUR 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.

9. User Generated Content

On certain areas of the Services 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”). You acknowledge and agree that all your communications within any forums or chat areas in the Services may be made public (for public forums or comments) and are not confidential (X-FLOW may have access to the communication content), and you have no expectation of privacy regarding your use of such forums or chat areas. Your posting of UGC is subject to the Terms, Privacy Policy and the following posting rules (“Posting Rules”):

A. You agree that your UGC is:

i. Accurate;

ii. Not confidential;

iii. Not in violation of these Terms and any applicable laws, including but not limited to the laws of the jurisdiction where you use the Services;

iv. Not in violation of contractual restrictions or third party rights, and that you have permission to use content from any other party whose personal or other information or intellectual property is contained in the UGC;

v. Not abusive, harmful, libelous, profane, obscene or otherwise objectionable;

vi. Not for commercial purposes or business solicitations; and

vii. Free of viruses, corrupting files, interference, cheat software, worms or other malicious code.

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. We are not responsible for information that you choose to share on the forums or chat areas, or for the actions of other parties. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services. 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. While monitoring the use of Services, we may rely on human and automated means.

If you believe that another user is violating these Terms, you can report it via email [email protected] or, where applicable, via the relevant in-app reporting feature. We will address your report as promptly as possible under our internal policies and procedures. If you disagree with our decision, you can appeal it by contacting us at [email protected]. Please provide additional information or evidence that you find relevant for review along with your appeal. We will review your appeal and notify you of our decision, which will be final and binding.

D. Objectionable Content.

You shall not post, upload or submit to the Services any UGC that violate these Terms or that contains or links to Objectionable Content. “Objectionable Content” means any content that promotes, contains, refers or has links to content that:

(i) is offensive, harassing, threatening, abusive, inflammatory, hateful, sexist, or racist or incites hatred against individuals or groups based on certain characteristics such as age, disability, nationality, ethnic origin, gender identity or sexual orientation, or is discriminatory in any way;

(ii) bullies, stalks or otherwise harasses, or is reasonably understood to be a physical or verbal threat against any other user of Services;

(iii) is vulgar, or obscene, pornographic, degrading, objectifies people, encourages or promotes sexual acts in exchange for compensation, sexually explicit;

(iv) is illegal, fraudulent, deceptive, contrary to public policy or that could facilitate the violation of any applicable law;

(v) includes any personal information or otherwise invades someone’s privacy;

(vi) depicts, promotes, or attempts to normalize, encourage, or knowingly result in another person’s eating disorder, suicide, or other acts of physical self-harm;

(vii) contains actual or shockingly realistic depictions or descriptions of gore, excessive violence, torture, or cruelty to animals;

(viii) depicts, promotes, or supports violent extremism or terrorism;

(ix) is harmful to minors in any way;

(x) is libelous or defamatory;

(xi) is knowingly or intentionally misleading, false, or fraudulent;

(xii) 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,

(xiii) encourages, advocates or facilitates illegal activity or the discussion of illegal activities with the intent to commit them;

(xiv) contains software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”,

(xv) or otherwise, in X-FLOW’s sole opinion, is harmful to X-FLOW player community or might affect X-FLOW brand.

We strictly prohibit any threats or abusive, vulgar, profane, or hateful language directed at X-FLOW's members and staff.

YOU UNDERSTAND AND AGREE THAT X-FLOW MAY DELETE ALL UGC AT ANY TIME, AND WITHOUT NOTICE PURSUANT TO THESE TERMS, 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 SERVICES AND RESERVES THE RIGHT TO PERMANENTLY RESTRICT ACCESS TO SERVICES. IN SOME SERIOUS CASES, WHERE APPROPRIATE, WE WILL ALSO FORWARD ANY SUCH COMMUNICATIONS TO RELEVANT LAW ENFORCEMENT OR INVESTIGATIVE AUTHORITIES.

10. 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 a non-exclusive, irrevocable, sublicensable, transferable, 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. 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 and Feedback displayed, published or posted by you on or through the Services or otherwise have the right to assign the rights to Feedback and grant the license to the UGC set forth herein, and (ii) the displaying, publishing or posting of your UGC or Feedback 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 or Feedback 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.

11. 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, you hereby grant us a non-exclusive, irrevocable, worldwide, sublicensable, transferable license 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 (e.g. the right to be identified as the author of Feedback or the right to object to a certain use of Feedback).

12. Links to Third Parties' websites or advertising

You acknowledge that our Services may be supported by advertising revenues, and we may place advertising, promotions or sponsored content on our Services or in conjunction with the Services content and such sponsored content is subject to change without notice to you. Any advertising or similar revenue generated by us in the Services will be retained by us, and you have no right to share in such ad revenue. We may at our sole discretion provide the ability to pay to remove advertisements within our Services. 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.

13. 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 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, PUBLICITY RIGHTS OR ANY OTHER RIGHTS OF OTHER PERSONS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF X-FLOW.

14. 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.

15. 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. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF X-FLOW AND ITS AFFILIATES BE GREATER THAN $500 (USD) OR THE AMOUNT THAT YOU PAID TO X-FLOW DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DISPUTE WHICHEVER IS LOWER. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT X-FLOW HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT RECOVER FROM X-FLOW ANY LOSS OR DAMAGE ATTRIBUTED TO, OR AMOUNT PAID BY, ANY USER, USER’S REPRESENTATIVE, OR OTHER THIRD PARTY.

16. 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.

17. Terms, Termination and Survival

A. Term.

The term of these Terms commences on the date you access or attempt to access the Services and continue in effect until otherwise terminated in accordance with the Terms.

B. Termination by You.

You may cease use of the Services at any time by uninstalling and discontinuing use of the Services.

C. Termination by X-FLOW.

X-FLOW may terminate or suspend, withdraw, restrict or remove all or any part of our Services without notice at any time in the event that (i) you breach these Terms or any other X-FLOW’s terms and policies related to our Services, or (ii) you violate the applicable law. In the event of (i) or (ii), you will forfeit any continuing right or license to use the Services, including any Virtual Items, and X- FLOW is under no obligation to compensate you for any loss or damage of any kind that your or any other party may allege in connection with such action.

X-FLOW may cease providing some or all of its Services generally for business or operational reasons. If we do this, we will try and provide at least 30 days’ notice.

D. Survival of Terms.

All provisions of the Terms with regard to privacy, intellectual property rights, ownership and license of UGC, user feedback, warranty disclaimer, limitations of liability, indemnification, governing law, severability, waiver of our rights and dispute resolution will survive the termination.

18. Governing Law

These Terms, and all claims or causes of action (whether sounding in contract, tort, any statutory cause of action, or any other legal theory) that may be based upon, arise out of, or relate to these Terms, the use of the Services, the rights and responsibilities of the parties, and all other disputes between the parties shall be governed by 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.

19. Dispute Resolution

Most concerns can be solved quickly by contacting us at [email protected]

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. If you are a US User, please refer to Section 20 below.

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.

20. USA Users

A. TERMS NOT APPLICABLE TO U.S. USERS.

If you are a user residing in the United States or accessing or using the Services from the territory of the United States (“U.S. User”) you are subject to the additional terms set out in this Section 20 and provisions set forth in Sections 18 and 19 above do not apply to you.

B. CHOICE OF LAW.

These Terms, and all claims or causes of action (whether sounding in contract, tort, any statutory cause of action, or any other legal theory) that may be based upon, arise out of, or relate to these Terms, the use of the Services, the rights and responsibilities of the parties, and all other disputes between the parties shall be governed by, and enforced in accordance with, the laws of the State of Delaware, without regard to or application of conflict of law.

C. STATUTE OF LIMITATIONS.

To the fullest extent permitted by law, any cause of action arising out of or related to the services must commence within two (2) years after the conduct that caused the dispute (as defined below) otherwise, such cause of action is permanently barred, which means that the parties will not have the right to assert the claim.

D. BINDING ARBITRATION AND CLASS ACTION WAIVER AND REPRESENTATIVE-TYPE ACTION WAIVER.

READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS, GROUP OR REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL OR AS A THIRD PARTY. YOU MAY OPT OUT OF THESE ARBITRATION AND CLASS ACTION/REPRESENTATIVE PROVISIONS BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THESE TERMS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.

(i) CLASS ACTION WAIVER AND REPRESENTATIVE-TYPE ACTION WAIVER. TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER YOU NOR X-FLOW SHALL BE ENTITLED TO PARTICIPATE IN ANY PAST, PENDING, OR FUTURE CLASS OR OTHER REPRESENTATIVE-TYPE ACTIONS, TO CONSOLIDATE, TO JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR TO PARTICIPATE IN OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, OR OTHERWISE SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY IN ANY ACTION PURSUANT TO ANY STATUTE THAT ALLOWS RECOVERY ON BEHALF OF, FOR THE BENEFIT OF, OR OF AMOUNTS LOST OR SPENT BY OTHER INDIVIDUALS. YOU AND X-FLOW ARE EACH EXPRESSLY AND UNCONDITIONALLY WAIVING SUCH RESPECTIVE RIGHTS, INCLUDING THE RIGHTS TO A TRIAL BY JURY. To the extent applicable law does not allow the waiver of certain claims, but permits those claims to be arbitrated, then such claims shall be resolved in arbitration. To the extent allowed by law, the arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, including injunctive relief.

(ii) AGREEMENT TO ARBITRATE. To the fullest extent allowed by law, you and X-FLOW agree to submit all Disputes between us to individual, binding arbitration pursuant to the provisions in this Section D. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and X-FLOW that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use of the Services, all marketing related to the Services, enhancements, Virtual Items, UGC, any licensed content, and all matters relating to or arising from these Terms (including X-FLOW Privacy Policy and all other terms incorporated into these Terms) or any other agreement between you and X-FLOW, including any disputes over the validity, enforceability, or interpretation of this agreement to arbitrate. Our Dispute shall be subject to these BINDING ARBITRATION AND CLASS ACTION AND REPRESENTATIVE-TYPE WAIVER provisions regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, and negligence), or any other legal or equitable theory. This includes claims or requests for relief that accrued before you agreed to these Terms. You and we understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited. The parties waive their rights to a jury trial and to have any Dispute resolved in court.

(iii) Notice of Dispute. Prior to initiating arbitration, you must first send a written Notice of Dispute by certified mail to X-FLOW LTD at: 8 Genethliou Mitella, 3036, Limassol, Cyprus, ATTN: Legal Department. The Notice of Dispute must include the following at a minimum: (a) your full legal name, email address, and your personal User ID found in the App you are using (if a Dispute relates to an App); (b) a screenshot from the App showing your Account and ID (if a Dispute relates to an App); (c) a detailed description of your claim or Dispute with X-Flow, including dates, (c) the specific damages or other remedy or remedies that you are seeking. If we have a dispute with you, we must first send a written Notice of Dispute detailing the Dispute and sending it to you by mail, email or in-app notice. If the claim detailed in either parties’ Notice of Dispute is not resolved within thirty (30) days of sending the Notice of Dispute that conforms with these requirements, then you or X-FLOW may commence arbitration according to the requirements in these Terms (the “Initial Dispute Resolution Period”).

(iv) If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either party may initiate binding arbitration as the sole means to formally resolve the Dispute, unless an exception or exclusion applies as stated below. The arbitration will be administered by a single arbitrator by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) effective as of the date of the Notice of Dispute, the current version of which are available at the JAMS website, https://www.jamsadr.com/rules-streamlined-arbitration, as modified by this Agreement. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you or we may file the Dispute with any national arbitration company that handles consumer arbitration's following procedures that are substantially similar to the JAMS Rules.

(v) Unless contrary to the JAMS Rules, Arbitration hearings may be conducted by videoconference unless the arbitrator believes an in-person hearing is necessary. In such instances, the location of an arbitration hearing will be decided pursuant to the JAMS Rules. You and X-Flow agree to submit to the personal jurisdiction of any federal or state court of the state of Delaware in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In an arbitration, the arbitrator shall allow dispositive motions.

(vi) The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and X-Flow. To the greatest and broadest extent allowed by law, the arbitrator shall determine the scope, validity, interpretation and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitration shall be governed by the Federal Arbitration Act.

(vii) Notwithstanding anything to the contrary herein, if the arbitrator may not legally adjudicate or award a particular legal or equitable claim or remedy, such claim or remedy shall be stayed until all other claims and remedies are final and the arbitration completed, after which the federal or state court may adjudicate the remaining claim or remedy. In doing so, the federal or state court is bound under the principles of claim or issue preclusion by the decision of the arbitrator.

(viii) Exception – Litigation of Intellectual Property Claims and Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright or trademark infringement, Computer Fraud and Abuse, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Services under these Terms. Such claims are subject to the jurisdiction and applicable law provisions in Section 20. Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court’s jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider shall close the case.

(ix) Exception – Mass Arbitration. For mass arbitrations (which are defined as 25 or more similar demands for arbitration filed against the same party or related parties by individual claimants represented by either the same law firm or law firms acting in coordination), the JAMS Mass Arbitration Procedures and Guidelines (“JAMS Mass Arbitration Rules”) shall apply. In such proceedings, the parties agree that, notwithstanding any other provisions of these Terms, the Process Administrator (as described in the JAMS Mass Arbitration Rules) and the arbitrators shall have the authority to implement the procedures set forth in the JAMS Mass Arbitration Rules, including the authority to batch together individual arbitration demands into a single coordinated proceeding. All provisions of this Section 20 D that are not in conflict with the JAMS Mass Arbitration Rules shall continue to apply.

(x) Right to Opt Out. You have the right to opt-out and not be bound by the arbitration agreement in this Section 20 D and class action/ representative-type action waiver provisions by sending us a written notice via U.S. Mail, or by any available nationally recognized delivery service (e.g., UPS, Federal Express, etc.) to X-FLOW LTD at 8 Genethliou Mitella, 3036, Limassol, Cyprus. ATTN: Legal Department. You must sign and date the notice, and include in it your name, address, user ID, and a clear statement that you are opting out of this arbitration agreement and class action/ representative-type action waiver provisions. The notice must be sent within 30 days of the date on which you first access or use the Services and agree to these Terms; otherwise you shall be bound in accordance with this Section 20 D. If you opt out of these arbitration provisions, X-FLOW also will not be bound by them.

(xi) Confidentiality of Arbitration. The parties expressly agree that the arbitration shall be kept strictly confidential, along with the information thereon (including without any limitations, the allegations made by the parties thereto, evidence, technical reports and any other statements given by third parties along with any documentation submitted or exchanged in the course of the arbitration proceedings), which shall only be revealed to the arbitral tribunal, the parties, their attorneys, and any person essential to the development of the arbitration proceedings, except if such disclosure is required so as to satisfy obligations set out by law or by any competent authorities.

21. 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, DDOS, natural disasters, fire, flood or act of God.

22. Miscellaneous Terms

A. Entire Agreement.

The Terms constitutes the entire agreement between you and X-FLOW regarding the use of our Services and supersedes all prior understandings.

B. Assignment and Novation.

We can assign, novate, subcontract or otherwise transfer the Terms to a third party or an affiliate of X-FLOW if necessary for the support of our Services, as part of any reorganization, change of control, or for any other business reasons, provided that this will not reduce your rights under these Terms, or alternatively with your consent. You may not assign or transfer your rights or obligations under the Terms to anyone without first obtaining our written consent. Any attempt to assign without our consent is void.

C. No Beneficiaries.

A. The Terms governs the relationship between you and us and does not create any rights for anyone else. Notwithstanding the foregoing, in the event of a valid assignment or transfer, the Terms shall be binding on and inure to the benefit of the relevant party’s representatives, successors, and permitted assigns.

D. No Right to Obligate the Other.

The Terms does not create a partnership, joint venture or similar relationship between the parties, and neither party will have the power to obligate the other party in any manner whatsoever.

E. Notice for Apple Device users.

In case you download, install or access the Apps through your Apple device, you specifically acknowledge and agree that the following additional terms shall apply (in case of conflict between these additional terms in this section and other terms of this agreement the terms of this section shall prevail):

  1. Acknowledgement. The Terms is concluded between you and us only, not with Apple, and Apple is not responsible for the Apps or the content thereof.
  2. Maintenance and Support. X-FLOW is solely responsible for providing any maintenance and support services with respect to the Apps, as specified in these Terms or as required under applicable law. X-FLOW and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps.
  3. Scope of License. The license granted to you for the Apps is limited to a non-transferable license to use the Apps on an iOS Product that you own and control and as permitted by the Usage Rules set forth on the Application Store Terms of Service, except that such Apps may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
  4. Warranty. X-FLOW is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of failure of any App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty or obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be X-FLOW’s sole responsibility.
  5. Product claims. X-FLOW and you acknowledge and agree that Apple is not responsible for addressing any claims by you or a third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (a) product liability claims; (b) any claim that the Apps fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation. This Agreement does not limit X-FLOW’s liability to you beyond what is permitted by applicable law.
  6. Intellectual Property Rights. X-FLOW and you acknowledge and agree that Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Apps or your possession and use of the Apps infringes that third party‘s intellectual property rights;
  7. Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a 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 on any U.S. Government List of prohibited or restricted parties.
  8. Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the Apps
  9. Third-Party Beneficiary. X-FLOW and you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of the Terms and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary of thereof; and
  10. Developer Name and Address. X-FLOW’s contact information for any end-user complaints or claims with respect to the Apps:

    X-FLOW LTD, a company under laws of Cyprus, with registered address at: 8 Genethliou Mitella, 3036, Limassol, Cyprus

    Email: [email protected]

F. Governing Language.

The original and controlling version of these Terms shall be the English language version. All translations of these Terms into other languages shall be solely for convenience and shall not control the meaning or application of these Terms.

G. Contact Information.

For information, support or questions regarding these Terms, please contact us via email at [email protected] or at 8 Genethliou Mitella, 3036, Limassol, Cyprus.