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FlexiStrive & FlexStrive

Space Runner - TERMS OF USE

Space Runner - Endless Runner

Terms & Conditions

TERMS OF USE FOR SPACE RUNNER

LAST UPDATED: May 20, 2024

IMPORTANT: PLEASE READ—USE MEANS ACCEPTANCE

Introduction

Welcome, and thank you for your interest in Space Runner (the "App"). By downloading, installing, registering with, accessing or otherwise using the App you agree to be bound by these terms of use ("TOU"). In this TOU, "FlexStrive", "us", "we", or "our" means FlexStrive SRL and its subsidiaries, parent companies and other companies under common ownership.

Eligibility

You must be at least 13 years of age to download, install, register with, access and/or otherwise use the App. By doing so, you are warranting that you are 13 or older and agreeing that you will comply with the terms and conditions of this TOU.

Device Usage

You represent that you own or control the device you use to access the App ("your Device"), and understand that airtime, data, messaging, and other charges from the provider of your Device or mobile service may apply. It is your responsibility to pay those costs. In addition, it is your responsibility to determine whether your Device is compatible with the App.

FlexStrive does not make any representations, warranties, or guarantees that the App will be compatible with, or accessible by, your Device.

License

(a) Grant. With the exception of third party materials and user-generated materials, all content of the App, including text, photographs, images, graphics, designs, trademarks, audio, video, content, software and files ("FlexStrive Content") is proprietary to FlexStrive and its licensors. FlexStrive hereby grants you a limited, non-exclusive, non-transferrable, non-sublicensable, and revocable license to reproduce and display FlexStrive Content delivered from the App on your Device solely for your personal, non-commercial, and entertainment use. Except as permitted by this TOU, you may not copy, modify, translate, distribute, transmit, publish, republish, perform, display, post, download, upload, frame, make available, lend, hire, communicate to the public, adapt, or sell any FlexStrive Content. Any unauthorized use of FlexStrive Content may violate copyright, trademark, patent, trade secret, or other applicable laws and regulations and will result in the termination of this license. Except only as expressly set forth in this TOU, this TOU does not grant to you any license to any intellectual property rights or other proprietary rights.

(b) Compliance with third-party terms. This grant of license is conditional on your compliance with the terms and conditions of use of third parties as may be applicable to your use of the App, including the terms and conditions of any mobile application platform storefronts for the App (e.g., the Apple App Store or Google Play).

(c) No sale. You agree that the App and any FlexStrive Content are at all times licensed and not sold.

Virtual Items and virtual currency

(a) FlexStrive Ownership. FlexStrive owns, has licensed, or otherwise has the rights to use all FlexStrive Content appearing or originating in the App, including virtual items ("Virtual Items") and virtual currency ("Virtual Currency").

(b) License Only. Virtual Items and Virtual Currency are provided solely for your personal and entertainment use, they may only be used in the App, and they have no "real world" value. By purchasing or receiving Virtual Items and Virtual Currency all that you receive is a limited license to use them in the App by the terms of this TOU. Virtual Items and Virtual Currency are not your personal property and no ownership interest in them is transferred to you.

(c) Types & "Prices". The "prices" for and the amounts and kinds of Virtual Items and Virtual Currency available may be changed at any time without notice. Virtual Items and Virtual Currency that you receive may also be changed or discontinued at any time without notice.

(d) No Redemption. Virtual Items and Virtual Currency may never be redeemed by you for "real world" money, goods, wares, merchandise, services, or anything of monetary value from us, any of our affiliates, or any other person.

Orders and payment

(a) Orders. If you are under the age of 18 or whatever is the age of legal majority where you access the App, you may make payments only with the involvement of your legal guardian, and you represent that your legal guardian has read, understood, and agreed to this TOU.

You may purchase, with "real world" money, a limited license to access the App (where the App is made available for a fee) and/or limited licenses to use Virtual Items or Virtual Currency (any license, "Access"). You agree that all Access purchases are final.

Your orders for Access are offers for use of that content, and if accepted, the relevant content will be made available to you (e.g., Virtual Items or Virtual Currency) under the terms of this TOU.

You expressly consent to the making available of that content immediately upon acceptance of your order. If you are a resident of the European Union and you purchase Access from us, the right to withdraw from such purchases within 14 days of the date of purchase ("Cooling Off Period") may be available to you; however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period. Therefore, you expressly agree and understand that if you order Access from us, your right of withdrawal is forfeited upon acceptance as performance begins immediately on acceptance.

You understand and agree that FlexStrive provides no refunds for any purchases.

(b) Charges, taxes. You are responsible for and will pay all fees, charges, and applicable taxes incurred by you in connection with use of the App or the purchase of content for the App. Note also that you may be charged use, VAT, sales, or like tax on your orders as applicable.

Third-party services

(a) Links to content. The App may contain links to third party websites, and content (including without limitation text, photographs, images, graphics, designs, audio, video, games, applications, software, and files) owned by, or originating from, third parties. FlexStrive is not responsible for the accuracy, appropriateness, or completeness of, or the opinions expressed or views espoused on or in, such websites or content and FlexStrive does not necessarily monitor or investigate such websites or content or verify the accuracy, appropriateness, or completeness of such websites or content. FlexStrive's inclusion of any linked website or third party content in connection with the App does not imply approval or endorsement of such website or content by FlexStrive. If you follow a link to a third party website or content, or otherwise access or use such a website or content, you do so solely at your own risk, and the App's Privacy Policy and other policies and practices do not apply to any information gathered by such third party.

(b) Advertising. Unity Ads is enabled in this App to provide you with advertising tailored to your interests. Your choices regarding any advertisements that appear in the App are provided in the App Privacy Policy (found directly below this TOU). FlexStrive takes no responsibility for third party advertisements that are posted on or through the App or goods or services provided or promoted by any third party through third party advertisements through the App, nor does it take any responsibility for goods or services provided by its advertisers. Reference to any products, services, content, or other information, whether by trade name, trade mark, service mark, manufacturer, supplier, or otherwise does not constitute or imply sponsorship, endorsement, or recommendation by FlexStrive.

(c) Analytics. Unity Analytics are enabled in this App to provide FlexStrive and its partners with application data regarding your usage of the App. Your use of the Services represents your consent to the collection and use of your data as provided in the App's Privacy Policy (found directly below this TOU).

(d) Authentication. Unity Authentication is enabled in this app to manage your accounts and data in pair with Google Play Games Services. Your use of the Services represents your consent to the collection and use of your data as provided in the App's Privacy Policy(found direcly below this TOU).

Compliance with Unity Terms of Service: You must comply to Unity Term's of Services. Ensure you are aware of Unity's Terms of Service.

Compliance with Google Play Games Terms of Service : You must comply to Google Play Games terms of Service. Ensure you are aware of Google Play Games Terms of Service.

User-generated content

(a) Your responsibility. You may not post, transmit, store, or share any User Content (defined below) that is not an original work of authorship by you or for which you do not have rights or permission to do so. You are solely responsible for all text, photographs, images, graphics, designs, audio, video, games, applications, software, files, user profiles, messages, and other content (collectively, "User Content") that you post, transmit, or share, and you are solely responsible for creating backup copies of any User Content and for replacing any User Content to the extent you desire to do so and the replacement is consistent with this TOU.

(b) Ownership and license — How we may use User Content. Subject to the following license between you and FlexStrive, you retain ownership of all of your rights in the User Content. By posting, storing, or transmitting User Content, you (i) authorize FlexStrive to reproduce, distribute, transmit, and use such User Content as necessary to facilitate the posting, storage, and transmission of, and the access to, such User Content; and (ii) grant to FlexStrive a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, distribute, publicly perform, publicly display, reformat, translate, excerpt, modify, and create derivative works of your User Content for any purpose (commercial or non-commercial).

(c) No Liability for User Content. FlexStrive has no liability to you for User Content, and makes no representations or warranties, express or implied, as to or the accuracy, reliability, or content of User Content and such User Content does not necessarily reflect the opinions, positions, or policies of FlexStrive. Although FlexStrive provides rules and principles for App user conduct and postings, FlexStrive does not control, and has no liability to you for, what App users post, transmit, or share. Further, FlexStrive has no liability to you for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter or access.

Save Files Modifications and Corruption

(a) Your responsibility. Users of the App are strictly prohibited from modifying, altering, or tampering with the game save files in any way. Any attempt to modify or alter save files is considered a violation of these Terms of Use. Users agree to save their data in accordance with the methods provided and recommended by FlexStrive and to refrain from using unauthorized tools or software that may interfere with the proper functioning of the game.

(b) No Liability for Data Corruption. In the event of modification, alteration, or corruption of save files, FlexStrive disclaims all responsibility for data loss, file corruption, or any other damages that may result. FlexStrive is not obligated to repair, restore, or compensate users for altered or corrupted save files.

User conduct

(a) General. You may use the App solely for your personal, non-commercial, and entertainment use. You represent, warrant, and agree that you will not use the App in an unlawful, threatening, or harassing manner, or take any action that, in FlexStrive's sole discretion, is considered offensive, libelous, defamatory, immoral, objectionable, or unethical or that is otherwise inconsistent with the standards of the relevant community and good conduct that FlexStrive intends to govern the use of the App. In addition to the above, you agree not to do any of the following in connection with the App or Accessed Services:

  • Post, upload, publish, submit, or transmit any text, graphics, images, software, music, audio, video, information or other material that:

  • infringes, misappropriates, or violates a third party's rights (including intellectual property rights);

  • violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

  • is fraudulent, false, misleading, or deceptive;

  • is defamatory, obscene, pornographic, vulgar, or offensive;

  • promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;

  • is violent or threatening or promotes violence or actions that are threatening to any other person; or

  • promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).

  • Use, display, mirror, frame, or utilize framing techniques to enclose any content, or any individual element or materials of any content, any name or trademark, logo, or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without express written consent;

  • Access, tamper with, or use non-public areas of any system, software, or network;

  • Attempt to probe, scan, or test the vulnerability of any system, software, or network or breach any security or authentication measures;

  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure;

  • Attempt to access or search services or content, or download content, through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by the service or content provider or other generally available third-party web browsers (such as Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, Apple Safari, or Opera);

  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;

  • Use any meta tags or other hidden text or metadata utilizing any trademark, logo URL, or product name without express written consent;

  • Use any services or content for any commercial purpose or the benefit of any third party;

  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way any services or content to send altered, deceptive, or false source-identifying information;

  • Attempt to decipher, decompile, disassemble, or reverse engineer any software used to provide services or content;

  • Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing;

  • Collect or store any personally identifiable information from any service, or from other users of services, without express permission;

  • Impersonate or misrepresent your affiliation with any person;

  • Violate any applicable law or regulation;

  • Take any action that infringes or violates the rights of any other person or entity;

  • Bully, harass, or intimidate any person;

  • Solicit credentials from another person or collect user content or otherwise access any system, software, or network by automated means, including bots, robots, or spiders;

  • Create an account for anyone other than yourself;

  • Use your account or profile for personal commercial gain;

  • Use cheats, exploits, hacks, bots, mods, or third party software designed to gain an advantage, perceived or actual, over other persons, or modify or interfere with any system, software, or network in any way;

  • Abuse or exploit a bug, glitch, or other mechanism in any system, software, or network

  • Engage in any fraudulent behavior, including credit card scams or credit card misappropriation; or

  • Encourage or enable any other person to do any of the foregoing.

(b) Not a restricted country or party. 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.

(c) Legal action by FlexStrive. FlexStrive reserves the right to investigate and take legal action against violators as appropriate.

(d) Notification of prohibited acts. If you believe any of the foregoing prohibited acts are taking place, please notify us at contact@flexistrive.com.

Content removal & termination

(a) Right to remove. FlexStrive reserves the right, in its sole judgment, to remove, reject, deny, prohibit, disable access to, or refuse to post or transmit, any User Content, and to deny, restrict, suspend, discontinue, or terminate access to the App or any portion thereof at any time with or without prior notice or explanation, for any or no reason, and without liability, including where FlexStrive determines or believes, in its sole discretion, that you have violated this TOU or to protect FlexStrive, third parties, the App, or other users from perceived harm.

(b) Right to monitor. You acknowledge that FlexStrive has no obligation to monitor or record your access to or use of the App, or to monitor, record, or edit any User Content, but agree that we have the right to do so for the purpose of operating the App, to ensure your compliance with this TOU, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. You acknowledge and agree that you have no expectation of privacy concerning uploads, transmissions, or submissions of any User Content.

Privacy

The privacy of App users is important to FlexStrive. The App's Privacy Policy, which is incorporated into this TOU by reference, may be found directly below this TOU. You agree that by accessing the App you consent to have your personal data transferred to, and processed in, the United States and other countries and territories.

Policy on Infringing use

(a) Policy Statement. FlexStrive respects the intellectual property rights of others and expects App users to behave likewise. Accordingly, you may not upload, post, send, or transmit to or through the App any materials that violate third party intellectual property rights. Further, in accordance with FlexStrive's repeat infringer policy expressed in our Copyright Infringement notice available directly below The App's Privacy Policy below this TOU and incorporated herein by reference, it is the policy of FlexStrive to suspend, restrict, or terminate, in appropriate circumstances, subscriptions and accounts held by App users who are repeat infringers. For greater certainty, the foregoing is in addition to and without limitation of anything else herein or at law, including FlexStrive's right, in its sole discretion, to cause the suspension, restriction, or termination of access to the App for App users who infringe any intellectual property rights of ours or of any third party at any time, including those who are repeat infringers for the purposes of applicable law.

(b) Infringement. If you believe that any copyrighted work owned by you has been copied or used in such a manner so as to constitute copyright infringement in connection with material or data provided through the App, you may notify FlexStrive's designated copyright agent here: c/o FlexStrive SRL, Bd Bischoffsheim 39/4, Brussels, 1000; contact@flexistrive.com.

You are encouraged to familiarize yourself with such requirements and restrictions, or to consult an attorney, before providing any notices of any kind to us in this connection.

Disclaimers; no warranties

YOU EXPRESSLY AGREE THAT THE USE OF THE APP IS AT YOUR SOLE RISK. THE APP, INCLUDING ANY CONTENT PROVIDED THROUGH THE APP, IS PROVIDED ON AN "AS IS" BASIS AND FLEXSTRIVE HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.

FLEXSTRIVE MAKES NO WARRANTY THAT THE APP OR ANY PORTION THEREOF WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FLEXSTRIVE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, LICENSES, OR CONTENT PURCHASED OR OBTAINED THROUGH THE APP OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APP OR ACCESSED SERVICES.

TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES AND EXCLUSIONS WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR ACCESS TO OR USE OF THE APP.

Limitation of liability

IN NO EVENT WILL FLEXSTRIVE, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM YOUR USE OF THE APP AND ANY OF OTHER OUR PRODUCTS OR SERVICES, EVEN IF FLEXSTRIVE IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, FLEXSTRIVE'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100 USD). TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE FLEXSTRIVE'S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR ACCESS TO OR USE OF ANY OF OUR PRODUCTS OR SERVICES.

Disputes

(a) With third parties. You are solely responsible for your interactions with third parties.

(b) Governing law. You agree that the laws of Belgium, excluding its conflicts of law rules, will govern this TOU and any dispute between you and FlexStrive.

(c) Jurisdiction and venue. You and FlexStrive agree to submit to the exclusive jurisdiction of, and venue in, Brussels, Belgium with respect to any dispute between you and FlexStrive. You hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to this choice of jurisdiction and venue. This choice of jurisdiction and venue does not prevent either you or FlexStrive from seeking injunctive relief for any violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

Indemnity

You agree to indemnify and hold harmless FlexStrive, its affiliates, and its and their respective directors, managers, officers, members, employees, agents, successors, and assigns from and against any and all losses, claims, liabilities, damages, demands, costs and expenses (including reasonable attorneys' fees and costs of investigation), arising out of, or related to, (i) your use of the App; (ii) your breach of this TOU; and (iii) your violation of any law or regulation or of any third party rights, including any third party intellectual property rights. The obligations set forth in this Section will survive any termination or expiration of this TOU, the App Privacy Policy (found directly below this TOU), or your use of the App.

Changes to TOU

We reserve the right to change this TOU at any time. If we change this TOU in a material way, we will give notice of that by placing a notice on the App webpage or its equivalent in-game, and/or by sending you a notice to the e-mail address we have on file. Your use of the App after we have changed the TOU will indicate your consent to the updated TOU.

Miscellaneous

You accept this TOU by downloading, installing, registering with, accessing or otherwise using the App. This TOU constitutes the entire agreement between you and FlexStrive regarding your use of the App. If any provision of this TOU is determined to be invalid or unenforceable such provision will be deemed severed from this TOU and the remaining provisions of this TOU will not be affected thereby and will continue to be binding upon you and enforceable. The failure of FlexStrive to insist upon strict performance of any of the provisions contained in this TOU will not constitute a waiver of our rights, at law or in equity, or a waiver of any other provisions or subsequent default by you in the performance or compliance with any of the terms and conditions of this TOU. This TOU and the license granted hereunder may not be transferred or assigned by you, and any attempted transfer or assignment will be void and ineffective. FlexStrive may freely assign this TOU and its rights and obligations hereunder without restriction. We may provide notice to you through the App, our website, by email, or by any other means that you may inform us of; except as otherwise provided in this TOU, all notices given by you under this TOU shall be made by post to FlexStrive SRL, Bd Bischoffsheim 39/4, Brussels, 1000, Attn: Legal. Any mobile application storefront/marketplace of the App, and its subsidiaries, are third party beneficiaries of this TOU, and will have the right (and will be deemed to have accepted the right) to enforce this TOU against you as a third party beneficiary thereof.

SPACE RUNNER PRIVACY POLICY

Last Updated: May 20, 2024

This App Privacy Policy applies whenever you download, install, register with, access or otherwise use Space Runner (the "App")

"FlexStrive," or "we" or "us" as used in this App Privacy Policy refers to FlexStrive SRL and its subsidiaries, parent companies, joint ventures and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers and directors. If you don't live in the United States, FlexStrive SRL controls your personal data.

This App Privacy Policy describes:

  • The types of information we may collect when you download, install, register with, access, or otherwise use the App. 
  • Our practices for collecting, using, protecting and sharing such information.

If you do not want FlexStrive to collect, store, use or share your information in the ways described in this App Privacy Policy, do not play or use the App.

This App Privacy Policy do not apply to information:

  • We collect offline or from other FlexStrive apps, websites, products or services.
  • You provide to or is collected by any third-party

Other FlexStrive apps, websites, products or services are governed by their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this App Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use the App. By downloading, registering with, or using this App, you agree to this privacy policy. This policy may change from time to time (see "CHANGES TO OUR PRIVACY POLICY" below). Your continued use of this App after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Information We Collect and How We Collect It

We may collect information from and about users of the App: (i) directly from you when you provide it to us; and (ii) automatically when you use the App.

Information you provide to us. We collect information you provide directly to us when you use and interact with the App. This information may include:

  • Information you provide when you register or create any account or user profile for the App.
  • Information you provide when you use certain App features (if available), such as search, messaging, posting, sharing content or adding friends, or fill in forms in the App.
  • Information you provide when you request customer support or otherwise directly and communicate with us (including, email address and phone number if applicable), as well as records and copies of your correspondence with us.
  • Details of transactions you carry out through the App and of the fulfillment of your transactions.

Automatically collected information. FlexStrive may also automatically collect certain information when you download, install, register with, access and/or otherwise use the App or view, click or otherwise engage in any advertisements in the App. This information may be collected through various tracking technologies described below. This information may include:

  • IP addresses and country of install (mapped from IP address).
  • The type of mobile device you are using and related technical specifications.
  • The operating system version on your mobile device.
  • Your mobile device's identifiers, like the International Mobile Equipment Identity (IMEI), Google Android ID and Apple's Identifier for Vendors;
  • Advertising identifiers related to your device (Apple's Identifier for Advertising or Google's Android Ad ID):
  • Game state and the date and time of activity in the App.
  • Performance data related to advertising (like the number of clicks or views or other interactions with advertisements);
  • Data about your activity in the App (for example, events completed, virtual items, time it took you to complete various activities, the value and details of purchases, your achievements, access times and session length).

Tracking technologies. We may use various technologies to automatically collect data in connection with the App, and these may include setting "cookies" on your mobile device, the use of "web beacons", the use of "device ids" and other technology. This information may include information about your device and the applications you use and related activity data (such as interaction with ads or other content, including views, links clicked, application installs and other conversion information and game play activity).

  • "Cookies" are small data files stored on a user's hard drive or in device memory that sites and applications can typically set and then read on future visits to help learn about and personalize the experience for a user (including for purposes of providing targeted and personalized ads).    
  • "Web beacons" (also known as "tracking pixels", 'pixel tags' and 'clear gifs') are electronic images that may be used within sites and applications to count, analyze and understand user behavior and in connection with providing advertising.
  • "Device IDs" refer to unique identifiers—such as International Mobile Equipment Identity or IMEI, Google Android ID, Apple's Identifier for Vendors, Apple's Identifier for Advertisers, Google's Android Ad ID and device identifiers derived from 'digital fingerprints' comprised of several types of data (including device name, applications installed, hardware specifications and browser characteristics). Device IDs may be used to identify a device within an application and across applications.

Information we collect from other sources. We may also obtain information about or related to you or your device from other sources, such as advertisers, and combine that with information we collect. Note that we may also combine information we collect through the Application and use it in connection with various services and products offered by us.

Third-party information collection. When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

  • Advertisers, ad networks, and ad servers.
  • Analytics companies.
  • Your mobile device manufacturer.
  • Your mobile service provider.

These third parties may use tracking technologies to collect information about you when you use the App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How we may use the information we collect

We use the information we collect and store to provide a better gaming experience, but there are other uses as well. These uses may include:

  • To provide, operate, improve and optimize the App and other FlexStrive products and services.
  • To create your App accounts and allow you to play the App.
  • To provide technical support and respond to your inquiries.
  • To protect the safety and well-being of our App users.
  • To fulfill transactions and the delivery of content users purchase for the App.
  • To protect FlexStrive's rights and property in connection with the App.
  • To prevent fraud or potentially illegal activities, and to enforce the App Terms of Use.
  • To manage and deliver contextual and behavioral advertising (advertising targeted to you based on your activity across applications and sites) in the App and elsewhere and to understand how users interact with ads.
  • To notify App users of updates, new products or promotional offers.
  • To administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by us or our business partners.
  • To comply with our legal obligations, resolve any disputes we may have with you or other App users, and to enforce our agreements with third parties.
  • To learn more about how our products and services are used and similar analytical purposes.

How we may share your information

We may share and disclose aggregated information about our users (i.e., information that does not identify any particular individual or device), for any lawful purpose, without restriction.

In addition, we may share and disclose other information about you or your device as follows:

  • With third party vendors, consultants and other service providers who access your information to carry out work on our behalf.
  • If we believe disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request.
  • To enforce our rights under the App Terms of Use or any other relevant contract between you and us.
  • As we judge appropriate to protect FlexStrive, users or others from harm or illegal activity.
  • In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company.
  • With advertisers, ad networks and attribution tracking providers in connection with advertising within the App and other apps.
  • With mobile device platform storefronts such as Apple's App Store and Google Play.
  • With your consent or at your direction, including if we notify you through the App that information you provide will be shared in a particular manner and you provide such information.
  • For any other purpose disclosed by us when you provide the information.

Safety, security and compliance with law

Your information and activities in connection with the App may also be accessed, monitored and disclosed:

  • When we have a good faith belief that we have to disclose the information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, or legal process (for example, a court order, search warrant or subpoena).
  • To satisfy any laws or regulations that apply.
  • Where we believe in our sole discretion that the App is being used in committing a crime, including to share information with other companies and organizations for the purposes of fraud protection and other security precautions;
  • When we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally.
  • To protect the rights or property of FlexStrive and other applicable third parties.

Privacy choices for advertising

Advertising helps to defray certain costs of providing the Application, especially costs that are incurred by FlexStrive but not recovered from users. Thus, you may not have a choice to prevent advertisements from being presented when using the Application; however, you do have choices to limit personalized advertisements that are tailored to your interests from FlexStrive.

If FlexStrive delivers personalized advertising in the Application, FlexStrive will provide notice and information about how you may be able to opt-out of such personalized advertisements.  Such opportunity to opt out may occur through your device settings (See "Information and choices regarding tracking and targeting on mobile devices" below).

FlexStrive may also use other third party advertising networks to serve ads in the App. If you do not wish to receive personalized advertising that is delivered by third parties, you may be able to exercise that choice through opt-out programs that are administered by third parties, including the Network Advertising Initiative (NAI), the Digital Advertising Alliance (DAA), and/or the European Interactive Digital Advertising Alliance (EIDAA). Where applicable, you may exercise your opt-out choices at the NAI website, the DAA website, or the EIAA website. FlexStrive does not control these third-party provided opt-out processes and is not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

Information and choices regarding tracking and targeting on mobile devices

As of the effective date of this policy, Apple and Google offered the owners of devices that use their operating systems, iOS and Android, options for limiting tracking and targeting in relation to ads. FlexStrive does not control your device level opt out processes and is not responsible for any choices you make through such mechanism or for the continued availability, accuracy, effectiveness, or location of that mechanism. Using a device level opt-out mechanism may opt you out of all third party personalized advertisements, not just those delivered by FlexStrive.

If you use an Apple device go here.

If you use an Android device, navigate to the google settings page, select ads and then choose to reset your Android Ad ID or opt-out of personalized ads.

To learn about options for many mobile ad networks, go here.

California Online Privacy Protection Act notice

Sharing with third parties for direct marketing purposes: California residents have the right to request the identity of any third parties to whom the resident's personal information was shared, if such sharing was to enable the third party's direct marketing efforts. If you are a California resident and wish to make such a request, please submit your request to contact@flexistrive.com OR to opt out of having your personal information shared with third parties for their direct marketing purposes, please email us at contact@flexistrive.com.

How we respond to "Do Not Track" signals: We are committed to providing you with meaningful choices about the information collected in connection with the App for third-party purposes, and that is why we provide information in this App Privacy Policy about how to prevent the delivery of targeted ads. We do not, however, recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations and solutions. To learn more about Do Not Track signals, you can visit allaboutdnt.com.

Our policies concerning children

The App is not intended for children under the age of 13 and we do not knowingly collect any personal information from children under 13. Children under 13 are authorized to use the App. If we learn that we have inadvertently gathered personal information from a child under 13, we will take reasonable measures to promptly remove that information from our records.

International operations and cross-border data transfer.

Your information may be sent to the United States and possibly other countries. If you don't live in the United States, FlexStrive SRL will control your personal data.

We store data about users on servers located in the United States and the EEA, and we may also store this information on servers and equipment in other countries. Personal data collected within Switzerland and the European Economic Area ("EEA") may be transferred to, and stored at, a destination outside of Switzerland and the EEA. The data we hold may also be processed by employees operating outside of Switzerland and the EEA who work for us or one of our affiliates or for one of our vendors. When we transfer your personal information internationally we will take reasonable steps to ensure that your personal information is treated securely, lawfully and in the manner we describe here. Please note that laws vary from jurisdiction to jurisdiction, and so the privacy laws applicable to the places where your information is transferred to or stored, used or processed in, may be different from the privacy laws applicable to the place where you are resident.

Your use of the Apps may involve the transfer, storage and processing of your information to and in various countries around the world where our servers are located and our databases are operated that may have different levels of privacy protection than your country. By using the App, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in our App Privacy Policy.

How long we keep your information

How long we retain your information depends on why we collected it and how we use it. We will not retain your personal information for longer than is necessary for our business purposes or for legal requirements. For instance, we may retain some information for a few years after you have closed your account with us if this is necessary to meet our legal obligations or to exercise, defend or establish legal rights.

Security of your information

We implement security measures to help protect the security of your information both online and offline. We take steps to ensure that your data is treated securely and in accordance with this Privacy Policy. These measures vary based upon the sensitivity of your information.

While we take precautions against possible security breaches of customer databases and records, no application, website, computer system or Internet transmission is completely secure. We cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur, and we cannot guarantee the security of your information while it is being transmitted to our Service. Any transmission is at your own risk.

Changes to Application Privacy Policy

If we decide to make material changes to the Application Privacy Policy, we will tell you and other App users by placing a notice on the App webpage or its equivalent in-game, or by sending you a notice to the e-mail address we have on file for you prior to the change becoming effective. We may supplement this process by placing notices on game blogs, social network pages, and/or forums and on other FlexStrive websites. You should periodically check our websites and this privacy page for updates.

Contact us

If you have any questions, comments or concerns regarding the App Privacy Policy and/or practices, please send an e-mail to contact@flexistrive.com. All other inquiries should be directed to FlexStrive's Support Page.

INTELLECTUAL PROPERTY AND DMCA TAKEDOWN POLICY

Last Updated: May 20, 2024

FlexStrive respects the intellectual property rights of others and expects its users to do the same.

It is FlexStrive's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, FlexStrive will respond expeditiously to claims of copyright infringement committed using the FlexStrive mobile apps and games (the "App") or websites (the "Site") and to claims of copyright or trademark infringement allegedly committed on FlexStrive's websites, apps, and other properties ("FlexStrive Properties") that are reported to FlexStrive as provided for in this policy.

Requirements for Notice of Alleged Infringement

Please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements:

  • Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
  • Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and provide information reasonably sufficient to permit us to locate the material. This includes, at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, or a screenshot and the location within the App where such material may be found.
  • Information reasonably sufficient to permit FlexStrive to contact you as the complaining party. Provide your mailing address, telephone number, and, if available, email address.
  • Confirm both of the following statements:
  • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
  • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  • A physical or electronic signature of the owner of the copyright (or a person authorized to act on behalf of the owner of the copyright).

How to Submit a Takedown Request

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site, the App, or FlexStrive services by sending a DMCA Notice of Alleged Infringement that meets all of the requirements listed under "Requirement of Alleged Infringement."

Please deliver your notice to FlexStrive's Designated Copyright Agent via email or mail. Email is the most efficient way for us to process your notification of claimed infringement.

Copyright Agent

c/o FlexStrive SRL

Bd Bischoffsheim 39/4

Brussels, 1000

contact@flexistrive.com

Note regarding third-party materials: FlexStrive does not host our clients' applications and we cannot perform a takedown for those applications. We respectfully request that you direct your claim to the alleged infringer and/or to any applicable platforms or websites that may be distributing allegedly infringing content.

English Language Requirement

All requests must be written in the English language. Any attempted request written in a language other than English will be deemed non-compliant and disregarded.

Misrepresentation

You should be aware that you may be liable under the DMCA or other applicable laws for any damages, including costs and attorneys' fees, incurred by person(s) injured as a result of any material misrepresentation you knowingly make that material or activity (i) is infringing; or (ii) was removed or disabled by mistake or misidentification.

This policy is not intended and may not be taken as, or relied upon in any way as, legal advice. We encourage you to familiarize yourself with the requirements of applicable laws, or to consult an attorney, before providing any request to us.