TERMS OF SERVICE
THESE TERMS OF SERVICE ("TOS”) GOVERN THE RELATIONSHIP BETWEEN YOU AND FLOWSTATE GAMES OY ("FLOWSTATE” OR “WE”) REGARDING THE USE OF FLOWSTATE’S GAMES, WEBSITE AND OTHER RELATED SERVICES ("SERVICES”). BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES OF FLOWSTATE, YOU AGREE TO THESE TOS. IF YOU DO NOT AGREE TO THESE TOS, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. IF YOU PURCHASE (WITH IN-GAME CURRENCY OR CRYPTOCURRENCY OR ANY OTHER NOMINATED PAYMENT METHOD OR REDEEM FOR FREE) NON-FUNGIBLE TOKENS (INTANGIBLE DIGITAL ASSETS WE HAVE ISSUED) FOR USE IN THE SERVICES (“NFTS”) FROM US OR IF YOU ARE A SUBSEQUENT HOLDER OF NFTS, YOU MUST ALSO AGREE TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN SECTIONS 17 TO 22 (“NFT TERMS”). THEY DO NOT APPLY IF YOU DO NOT PURCHASE ANY NFTS. IF YOU DO NOT AGREE TO NFT TERMS, DO NOT PURCHASE ANY NFTS FROM US OR ANYONE ELSE.
You may be required to register for an account on the Services ("Account"). By registering for an Account or otherwise using the Services, you affirm that you are age 13 or older. If you are between the ages of 13 and 17 or otherwise do not have the authority to enter into legal agreements such as these TOS, your legal guardian must review and agree to these TOS. If you access the Services from a social networking site, such as Facebook, you agree to comply with its terms of service and these TOS.
The Services are free to use or download but may contain features that allow you to make purchases within the Services. 17
We may issue additional policies related to specific parts of the Services or NFTs, including but not limited to, forums or contests, and your right to use such services is subject to the relevant policies and these TOS.
FOR UNITED STATES RESIDENTS, THESE TOS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS-ACTION WAIVER THAT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES OR CANADA, PLEASE READ SECTION 12 CONCERNING THIS CAREFULLY. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THESE TOS, YOU AGREE THAT ANY DISPUTES ARISING BETWEEN YOU AND FLOWSTATE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1 RIGHT TO USE THE SERVICES
Subject to these TOS, Flowstate hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable right and license to install and use the Services for your personal, noncommercial use for gameplay on a single computer or device only.
All rights not expressly granted herein in these TOS are reserved by Flowstate. Flowstate retains all rights, title and interest in and to the Services, including but not limited to, allcopyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. You have no right or title in or to any content that appears in the Services. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without Flowstate’s prior written approval.
2 ACCOUNTS AND LOGIN INFORMATION
You may be required to create an Account to access certain Services and select a secure password for your Account or you may also use other credentials to access the Account (“Login Information“). You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you are responsible for all uses thereof, including purchases.
Flowstate reserves the right to delete your Account. In such an event, you may no longer be able to access and/or use any In-game Items (as defined below) associated with that Account and no refund will be offered to you.
The Services support only one Account per game on a supported device.
You may be able to purchase and license certain virtual goods to be used within the Services (“In-game Items”). In-game Items are licensed on a limited, personal, non-transferable, nonsublicensable, revocable basis and are intended solely for non-commercial use. We may manage, control, modify or eliminate In-game Items at any time, with or without notice to you.
You may be able to purchase loot boxes that contain In-game Items. We will always disclose the probabilities of receiving a certain type of In-game Item (e.g., 80% chance for a “common” In-game Item and 20% chance for a “rare” In-game item). Every loot box provides an In-game Item that has an in-game value (in terms of rarity, utility and aesthetic and social value) equal to or greater than the amount paid. All In-game Items available through loot boxes can also be earned by using the Services (i.e., grinding the game).
ALL PURCHASES OF IN-GAME ITEMS THROUGH THE SERVICES ARE FINAL AND NONREFUNDABLE. THE PRICE AND AVAILABILITY OF IN-GAME ITEMS ARE SUBJECT TO CHANGE WITHOUT NOTICE. IF YOU ASK FOR YOUR PERSONAL DATA TO BE DELETED AS DESCRIBED IN OUR PRIVACY NOTICE, YOU WILL PERMANENTLY FORFEIT ALL OF YOUR IN-GAME ITEMS WITHOUT THE RIGHT TO REFUND, AS WE WILL NO LONGER BE ABLE TO ASSOCIATE SUCH IN-GAME ITEMS WITH YOU.
4 USER CONTENT
You may be able to create certain content while using the Services, which may include but is not limited to characters, images, sounds, communications or other information that you upload or transmit through our Services (“User Content”). You are solely responsible for your User Content.
Flowstate has the right, but not the obligation, in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content without notice for any reason or for no reason at any time. If at any time Flowstate chooses, in its sole discretion, to monitor the Services, Flowstate nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content.
You hereby grant Flowstate a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Content in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Content without any further notice or compensation to you of any kind.
Flowstate does not claim any ownership rights in your User Content, and nothing in these TOS is intended to restrict any rights that you may have to use and exploit your User Content. Flowstate has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
5 LIMITATIONS TO THE RIGHT TO USE THE SERVICES
If you do not use the Services in accordance with these limitations, we may take actions as a result, which may include terminating your Account and prohibiting you from using our Services or parts of our Services.
You shall not:
• use the Services in violation of any applicable law or regulation,
• use directly or indirectly or take part in the use of any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services,
• disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users’ experience when using the Services,
• make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other rights of any person or entity,
• attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Flowstate, or to obtain any information from the
Services using any method not expressly permitted by Flowstate,
• disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Services,
• post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis,
• post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content,
• attempt to gain unauthorized access to the Services, to accounts registered to others or the computers, servers, or networks connected to the Services, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying, any security, technology, device, encryption, or software that is part of the Services, or
• engage in any act that Flowstate deems to conflict with the intent or spirit of the Services. Flowstate reserves the right to determine which acts it considers to violate the intent or spirit of the Services.
6 TERMINATION OF ACCOUNT SERVICES
Without limiting any other remedies available to us, if we believe that you are in breach of these TOS, we reserve the right, either with or without notice to you, to limit or suspend your access to the Services, delete or modify your Account or parts of your Account and/or modify or remove any of your In-game Items.
We reserve the right to stop offering and/or supporting the Services or part of the Services at any time, at which point your right to use the Services or part of the Services will terminate automatically. In such an event, we shall not be required to provide any refunds, benefits or other compensation.
We reserve the right to terminate any account that has been inactive for 180 days.
You may terminate your Account at any time and for any reason by informing us.
7 THIRD-PARTY SERVICES
THE SERVICES ARE PROVIDED ON AN “AS IS” AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT ANY WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
FLOWSTATE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above disclaimers shall only apply to the extent permitted by the laws of such jurisdictions.
Nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer.
9 LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWSTATE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TOS OR THE SERVICES ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLOWSTATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, FLOWSTATE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO FLOWSTATE IN ACCORDANCE WITH THESE TOS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO FLOWSTATE DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND FLOWSTATE'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH FLOWSTATE IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow certain limitations of liability, such as those stated above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the above limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer.
You agree to indemnify, defend and hold Flowstate (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third party resulting from or arising out of your use of the Services, or any breach by you of these TOS, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
10 UPDATES TO THE SERVICES
We are constantly developing our Services. We may update the Services with or without notifying you and may require that you accept updates to the Services. You may also need to update third-party software from time to time in order to receive the Services.
11 CHANGES TO THESE TOS
We may update these TOS from time to time in response to changing legal, technical or business developments. When we update these TOS, we will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes we make.
By continuing to access or use the Services after updates become effective, you agree to be bound by the updated TOS.
12 GOVERNING LAW AND DISPUTE RESOLUTION
If you are a United States or Canadian resident, these TOS are governed by the laws of the State of California and applicable federal laws regardless of conflict of law provisions. If you are a resident outside the United States and Canada, you agree that all disputes between you and Flowstate shall be governed by the laws of Finland, regardless of conflict of law provisions. You agree that any claim or dispute you file against Flowstate shall be resolved by the District Court of Helsinki, Finland, as the first instance.
If the jurisdiction of your domicile prohibits Flowstate from enforcing the governing law provisions, nothing in these TOS limits your rights based on the laws governing your domicile.
FOR THE RESIDENTS OF UNITED STATES AND CANADA
Sections 12.1 to 12.5 apply to you if you are a resident of the United States or Canada. They do not apply to you if you are a resident of any other country. You and Flowstate agree that the processes for dispute resolution described in these TOS will apply to all disputes between you and Flowstate.
12.1 Informal Dispute Resolution
You acknowledge and agree that you must first attempt to resolve any dispute informally and directly with Flowstate for at least thirty (30) days before proceeding to arbitration. The informal dispute resolution process begins when you provide Flowstate with written notice of the dispute at email@example.com.
12.2 Arbitration Agreement
You and Flowstate agree to resolve any disputes exclusively in final and binding arbitration as follows:
If you and Flowstate cannot resolve a dispute informally, either you or Flowstate may choose to submit the dispute for resolution exclusively by final and binding arbitration unless the claim is within the exceptions described in Section 12.4 below. If you or Flowstate brings a claim in court that can be resolved by arbitration under this Section 12.2, then either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator will have the exclusive authority to decide whether any portion of Section 12 is valid or enforceable, or whether it applies to a claim.
An arbitration proceeding will be held before a neutral arbitrator. This means you and Flowstate agree to give up the right to resolve the dispute in a trial before a judge or jury.
After the arbitrator decides the outcome, that decision will be final.
12.3 Arbitration Process
The arbitration shall be administered by the American Arbitration Association (“AAA”) under AAA’s rules and procedures, including the Consumer Arbitration Rules. If there is a conflict between these TOS and AAA’s rules and procedures, then these TOS will be followed. If either of us decides to start an arbitration, we agree to provide the other party with a written Demand for Arbitration as specified in the AAA Rules.
The fees for arbitration will be determined by AAA’s Consumer Arbitration Rules. Each side will pay their own attorneys’ fees and costs unless the claims allow for the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the applicable law. If either party unsuccessfully challenges the validity of the arbitrator’s decision or award through a subsequent court case, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the challenge.
The arbitration will take place in San Francisco, California, USA.
12.4 Exceptions to Agreement to Arbitrate
You and Flowstate agree that the arbitration agreement in Section 12.2 will not apply to the following disputes:
– Claims about Flowstate’s intellectual property, such as claims to enforce, protect, or concerning the validity of Flowstate’s copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights.
– Claims related to piracy or tortious interference.
– Claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitration.
– Claims in small claims court.
Any dispute not subject to arbitration under these exceptions shall be resolved by a federal or state court located in San Francisco, California, USA.
12.5 No Class Actions
YOU AND FLOWSTATE AGREE THAT WE CAN ONLY BRING CLAIMS AGAINST EACH OTHER ON AN INDIVIDUAL BASIS. This means:
– You cannot bring a claim against Flowstate as a plaintiff or class member in a class, collective, consolidated, or representative action.
– The arbitrator cannot combine any other person’s claims with yours into a single case or preside over any class, collective, consolidated, or representative arbitration proceeding.
– The arbitrator’s decision or award in your case will not apply to anyone else and cannot be used to decide other people’s disputes.
If this Section 12.5 (No Class Actions) is found to be unenforceable or invalid, then the entirety of Sections 12.1 to 12.5 shall be void.
Flowstate may assign these TOS or part of these TOS to a third party without your consent.
You may not assign or delegate any rights or obligations under these TOS or the Privacy Notice to any third party without Flowstate’s prior written consent.
If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. Flowstate’s failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.
15 ENTIRE AGREEMENT
These TOS (including NFT Terms below if you purchase NFTs) and Privacy Notice set out the entire agreement between you and Flowstate regarding the Services and supersede all earlier agreements and understandings between you and Flowstate.
Any failure by Flowstate to exercise or enforce any of its rights under these TOS does not waive its right to enforce such rights. Any waiver of such rights shall only be effective in writing.
If you have any questions about these TOS, please contact firstname.lastname@example.org
16 APPLE-SPECIFIC TERMS
The following provisions apply with respect to your use of the Services with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these TOS and is not responsible for the Services and shall not be responsible for any claims, losses, liabilities, damages, costs or expenses with respect to the Services, including any third-party product liability claims, claims that the Services fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. If you have any inquiries or complaints relating to the use of the Services, please contact email@example.com. The license you have been granted herein is limited to a non-transferable license to use the Services on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of these TOS and, upon your acceptance of the terms and conditions of these TOS, will have the right (and will be deemed to have accepted the right) to enforce these TOS against you as a third-party beneficiary thereof; notwithstanding the foregoing, Flowstates’s right to enter into, rescind or terminate any variation, waiver or settlement under these TOS is not subject to the consent of any third party.
You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted.
17 APPLICABILITY OF NFT TERMS
These NFT Terms apply to you if you purchase NFTs for use in the Services from Flowstate or if you are a subsequent holder of NFTs. These NFT Terms do not apply if you do not purchase or redeem any NFTs in the Services. The use of any NFTs with the Services is subject to these NFT Terms together with these TOS.
18 OWNERSHIP AND IP RIGHTS AND PURCHASING AND SELLING NFTS
NFTs are associated with game assets, such as cars and other vehicles, characters, and guns and weapons (“Game Assets”). Except as expressly stated in these NFT Terms, nothing in these NFT Terms is intended to give you ownership of any Intellectual Property Rights (as defined below). Therefore, by purchasing NFTs, you acquire the ownership of the purchased NFTs and a license to use the Game Assets associated with your purchased NFTs, not the ownership of any Game Assets or Intellectual Property Rights belonging to us or a third party. This means that you can sell or swap or give away the NFTs you have rightfully acquired, but all ownership of Intellectual Property Rights in the NFTs remains with the creator of the NFTs.
Flowstate reserves the right, in our sole discretion, to seize, free or otherwise modify the ownership of any NFTs in case we determine that the NFTs have not been rightfully acquired or not from a legitimate source and terminate your license if you use NFTs or associated Game Assets in any way which violates the Intellectual Property Rights of Flowstate or a third party or you use NFTs for any illegal purpose or violate these NFT Terms. “Intellectual Property Rights” means any third-party copyrights, patent rights, trademarks, trade secrets, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.
When NFTs are offered by us, we reserve the right to modify NFTs and to change the prices, quantity, and availability of NFTs.
By purchasing NFTs, you agree to pay the purchase price of the NFTs and any applicable taxes, royalties and costs, including but not limited to, an Ethereum transaction fee ("Gas Fee”) and accept that these amounts are automatically deducted from your payment. You agree to hold Flowstate harmless for any losses you may incur when buying NFTs, including but not limited to, excessive Gas Fees due to bugs in a website or smart contract or any Gas Fees for failed transactions.
You may be able to purchase loot boxes that contain NFTs. We will always disclose the probabilities of receiving a certain type of NFT (e.g., 80% chance for a “common” NFT and 20% chance for a “rare” NFT). Every loot box provides an NFT that has an in-game value (in terms of rarity, utility and aesthetic and social value) equal to or greater than the amount paid. All NFTs available through loot boxes can also be earned by using the Services (i.e., grinding the game).
If you sell your NFTs through selected marketplaces or elsewhere, you are solely responsible for determining and paying any taxes deriving from the sale. You understand and agree that the terms of the smart contract used on the Ethereum network govern your purchase of NFTs, including royalty payable to Flowstate. In addition, the marketplace used for the purchase will set its own terms and conditions that further govern your purchase of NFTs.
19 LICENSE TO GAME ASSETS
Subject to your continued compliance with these TOS and NFT Terms, we grant you a worldwide, royalty-free license to use, copy, and display the Game Assets associated with your purchased NFTs solely for your own non-commercial personal use.
You agree that you may not, except as set forth in these NFT Terms or with our prior written consent, a) modify, reproduce, distribute or commercialize any Game Assets; b) use Game Assets in connection with images, videos or other media that is or contains content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable or constitutes hateful or discriminatory speech or infringes upon the Intellectual Property Rights or other rights of Flowstate or a third party or any applicable law; or c) create or attempt to create derivative works of Game Assets or attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Game Assets.
20 ACKNOWLEDGEMENTS, ASSUMPTION OF RISKS AND WARRANTS
You acknowledge and agree that:
(a) NFTs are provided solely to be used in the Services. They are not intended for speculative use and are not sold or represented to be financial products, and nothing we publish or advertise is in any way financial advice to you.
(b) the prices of blockchain digital assets may be extremely volatile, and that the prices and value of other digital assets and cryptocurrencies could materially and adversely affect the value of your NFTs. We cannot guarantee that NFTs have any economic value or be held liable for the loss of value of NFTs.
(c) there are also other risks associated with transactions of NFTs, including but not limited to, the effects of varying laws and regulations and risks of viruses and third parties obtaining unauthorized access to your digital wallet or personal information.
(d) you are solely responsible for the evaluation of any risks related to purchasing and selling NFTs, and you purchase and sell NFTs entirely at your own risk.
(e) your ownership of NFTs remains contingent upon you remaining in control of the seed phrases and private key associated with your digital wallet and that we will not store any information in connection with your digital wallet beyond that required for the sale of NFTs or the interaction of your digital wallet with the Services.
(f) you are obligated to notify the buyer of these NFT Terms if you sell NFTs. You warrant that no digital currency transferred to Flowstate as part of a purchase price has been derived from illegal activity and that NFTs are not used for money laundering.
NFTS ARE PROVIDED “AS IS” AND "AS AVAILABLE" AND WITHOUT ANY WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE.
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above disclaimers shall only apply to the extent permitted by the laws of such jurisdictions.
Nothing in these NFT Terms shall infringe upon the statutory rights that you may have as a consumer.
22 LIMITATION OF LIABILITY
ALL TRANSACTIONS RELATED TO NFTS THROUGH SELECTED MARKETPLACES OR ELSEWHERE WILL BE CONDUCTED SOLELY THROUGH THE ETHEREUM NETWORK. WHEN YOU PURCHASE NFTS, YOU ACQUIRE THE OWNERSHIP OF THE PURCHASED NFTS, MEANING THAT THE PROOF OF OWNERSHIP IS RECORDED ON THE DECENTRALIZED LEDGER OF THE ETHEREUM NETWORK MAINTAINED BY THIRD PARTIES, AND YOU CONTROL THE PRIVATE KEY ASSOCIATED WITH YOUR DIGITAL WALLET TO WHICH THE NFTS YOU PURCHASED ARE ASSOCIATED OR LOCATED.
WE HAVE NO CONTROL OVER THE PAYMENTS OR TRANSACTIONS (INCLUDING REVERSING TRANSACTIONS) OR THE CONDUCT OF BUYERS AND SELLERS OR THIRD PARTIES ON THE SELECTED MARKETPLACES OR ELSEWHERE. THEREFORE, WE CANNOT AFFECT THE TRANSFER OF TITLE OF ANY NFTS, AND WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES THAT INCUR AS THE RESULT OF YOUR USE OF ANY MARKETPLACE OR YOUR DIGITAL WALLET, INCLUDING BUT NOT LIMITED TO, ACTIONS OF A THIRD PARTY OR UNAUTHORIZED ACCESS TO YOUR DIGITAL WALLET, PERSONAL INFORMATION OR ACCOUNT BY A THIRD PARTY, ERRONEOUSLY TRANSACTIONS, CORRUPTED DIGITAL WALLET FILES, OR SERVER FAILURES OR DATA LOSS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWSTATE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE NFT TERMS, THE SERVICES ITSELF OR NFTS, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLOWSTATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, FLOWSTATE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO FLOWSTATE IN ACCORDANCE WITH THESE NFT TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO FLOWSTATE DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND FLOWSTATE'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH FLOWSTATE IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
Thank you for playing our game! In order to do so, we need to know a few things about you
and your device. In this Privacy Notice, Flowstate Games Ltd (“Flowstate” or “we”) describes:
the personal data we process about,
the purposes we use your personal data, and
the rights you have concerning your personal data.
This Privacy Notice applies to Flowstate’s games, websites and related services or properties
we control (“Services”). It is important that you read this Privacy Notice before accessing or
using our Services to understand why and how we may process data from which you can be
identified (“your data”).
We may update this Privacy Notice every now and then by posting a new version on
flowstate.games/privacy. If we make any material changes, we will notify you by posting a
notice in the service prior to the change becoming effective. Your continued use of the service
after that effective date will be subject to the new Privacy Notice.
Flowstate Games Ltd.
Kalevankatu 13 A 2, 00100 Helsinki, Finland
If you have questions about data protection or your data, you can reach us by e-mail at:
1 DATA CONTROLLER
“Data Controller” means an entity determining how and why personal data is processed. With
regard to the activities described in this Privacy Notice, we are the Data Controller of your
While operating the Services, we may share your data with partners we work with, and some
of these partners are data controllers independently of us and determine how and why they
process your data. Please see section 6 of this Privacy Notice for more information.
2 WHAT DATA WE COLLECT AND WHERE
DATA YOU PROVIDE US
• Your contact information (such as name and email address and other provided
information when registering an account to our Services (“Account”)).
• Your messages or other communications you send us or through the Services (such as
chat logs and user support tickets).
• Your content preferences or other information you submit to us (if you subscribe to
• Any other information you choose to give us.
DATA WE COLLECT AUTOMATICALLY (WHEN YOU ARE PLAYING OR USING OUR OTHER
• Information about your use of the Services (such as information about your progress
in our game, your visits to our website, or your interactions with ads in our game).
• Your IP address and mobile device identifiers (such as your device ID, advertising ID,
MAC address, and IMEI).
• Data about your device, such as device name and operating system, browser type and
• With your consent, other information explained to you when asking for your consent
(for example, your GPS location for location-based experiences).
• Crash logs or other information related to bugs, errors, or other issues in our Services.
DATA WE COLLECT FROM OUR PARTNERS (SOME OF THESE FEATURES ARE PLANNED BUT
NOT YET IN USE)
• Data we receive if you link a third-party tool with the Services (such as Facebook or
• Demographic data (such as determining the coarse location of your IP address).
• Data to fight fraud (such as refund abuse in services or click fraud in advertising).
• If you make purchases in our Services, information we receive from third-party
payment service providers to validate those purchases.
• Data from platforms that the Services run on (such as to verify payment).
• Data for advertising and analytics purposes so that we can provide you with better
3 WHY DO WE COLLECT YOUR DATA?
Providing data to us is not mandatory. However, we are unable to provide the Services, or
some parts or features of the Services, without processing your data. If you use our Services, we will collect your data for some or all of the purposes described below, depending on the Services you decide to use and your choices when using them.
To perform the contract, we may collect and process your data necessary to
• enable you to use our Services, for example, play our game,
• provide and deliver products and Services you request,
• respond to your comments and questions and provide user support,
• send you messages and information related to the Services,
• enable you to communicate with other users of the Services, and
• verify your purchases or other transactions in the Services.
To provide and maintain good Services to our users, we have a legitimate interest in collecting
and processing your data necessary to
• operate and maintain our Services,
• update and develop user profiles,
• develop and improve the Services and user experience,
• handle your support requests or otherwise manage our relationship with you,
• customize your service-experience (like language version), and
• provide you offers in the Services.
Based on our legitimate interest in promoting and funding our Services and providing you with
relevant ads in our Services, we may process your data to
• send you communications related to our Services,
• track your activity in our Services to learn about your interests and improve the
advertising in our Services,
• show ads in our Services, and
• request our advertising partners to advertise our Services to audiences that they
believe have similar interests to yours
To keep the Services safe and fair, to fight fraud and ensure the acceptable use of our Services,
we have a legitimate interest in processing necessary data to
• analyze and monitor the use of our Services and ensure that our Terms of Service are
• moderate and monitor the use of our Services (including any messages sent through
the Services), either automatically or manually.
With your consent, we may process your data to
• send you newsletters or other similar communications if you have subscribed to them,
• other purposes explained to you when we ask for your consent (for example, using
Finally, we may process your data as necessary to:
• comply with legal obligations that we believe apply to us, and
• protect your vital interests or the vital interests of another person.
In addition, we may process your data for additional purposes that are compatible with any
of the purposes listed above.
We do not use your data to make automated decisions that significantly affect you.
to provide and personalize the Services, analyze the use of the Services, target advertisements
and prevent fraud. Cookies and similar technologies allow us and our partners to store their
preferences and track your activities within the Services. Note that our partners may operate
under their own privacy policies.
example, by disabling some or all cookies or configuring your browser or device to notify you
when cookies are being set. However, please consider that disabling cookies may affect your
ability to use the Services.
5 AGE LIMIT
In accordance with our Terms of Service, you must represent that you are at least 13 years
old. However, we are not able to verify the specific age of individual users of our Services. If
you are under 13 years of age, you should not provide your personal data to us or use the
If we discover we’re processing the personal data of a person under 13 years, we will take
appropriate measures to promptly delete the data from our records. If you have reason to
believe we hold personal data relating to a user under 13, please contact us.
6 WHO CAN SEE YOUR DATA
To achieve the purposes described herein, we may share your data with the following types
PARTNERS WORKING FOR FLOWSTATE
We have partners performing services for us. These partners process your data only at and
according to Flowstate’s instructions in order to provide the Services. These external services
can be, e.g., hosting, user support, advertising, analytics, and fraud prevention.
OTHER COMPANIES AND PUBLIC AUTHORITIES
In order to combat fraud and illegal activity, we may exchange data with other companies and
organizations and provide it to public authorities in response to lawful requests.
We may also disclose your data based on your explicit consent to comply with the law or to
protect the rights, property or safety of us, our users or others.
7 INTERNATIONAL DATA TRANSFERS
In connection with the processing activities described in this notice, your data may be
transferred to and/or processed in countries outside the European Union (“EU”) and the
European Economic Area. Because different countries may have different data protection laws
than your own country, we take steps to ensure adequate safeguards are in place to protect
your data, as explained in this Privacy Notice. Adequate safeguards that our partners may use
include standard contractual clauses approved by EU Commission and other lawful
8 YOUR RIGHTS AND OPTIONS
• You have the following rights concerning your data:
• access the personal data we hold about you,
• correct or request deletion of your data,
• request us to restrict the processing of your data,
• object processing of your data to the extent our processing is based on our legitimate
interests or the legitimate interests of a third party, or
• where technically feasible, request a copy of the personal data you have provided to
us in a machine-readable format.
9 YOUR OTHER RIGHTS
If the processing of your data is based on your consent, you have the right to withdraw your
consent at any time. We may, however, continue processing your data despite your
withdrawal of consent if we have another lawful basis to process that data.
To unsubscribe from our marketing communications, please use the unsubscribe link provided
in the messages we send. The unsubscribe link is typically found at the end of the message.
We will respond to all requests within a reasonable timeframe. If you have an unresolved
privacy or data use concern that we have not addressed satisfactorily, please contact us. You
may also contact your local data protection authority within the European Economic Area for
10 HOW DO WE PROTECT YOUR DATA
In order to help ensure a secure and safe user experience, we are continuously developing
and implementing administrative, technical and physical security measures to protect your
data from unauthorized access or against loss, misuse or alteration. These security measures
vary but may include, for example, encryption, pseudonymization and limiting access to
systems containing personal data.
11 HOW LONG DO WE KEEP YOUR DATA
We retain your data for as long as your Account is active or as long as necessary to achieve
the purpose(s) for which your data was collected. We may periodically delete or de-identify
inactive Accounts or other data in our Services.
After the applicable retention period, we will either delete or de-identify your data. We may
continue to use data that is not identifiable to you (for example, aggregate data).
Note that if you ask us to remove your personal data, we will retain your data as necessary for
our legitimate business interests, such as to comply with our legal obligations, resolve
disputes, and enforce our agreements.