Terms of Service

§ 01 Acceptance & Eligibility

By creating an account, downloading an App, or otherwise accessing the Services, you confirm that:

1. You are at least the age of digital consent in your jurisdiction (see § 3).
2. You have the legal capacity and authority to enter into this Agreement.
3. 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.
4. You are not on any U.S. government list of prohibited or restricted parties (e.g. SDN List, Entity List).
5. You will comply with these Terms and all applicable local, state, national, and international laws and regulations.

If you do not agree to these Terms, you must not access or use the Services.

§ 02 Accounts & Registration

Some features of our Apps require an account. When you create an account, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your information to keep it accurate.
• Maintain the security of your account credentials and any device used to access the Services.
• Promptly notify us at buinhuy9082@icloud.com if you discover or suspect any unauthorized access to your account.
• Accept responsibility for all activities that occur under your account, whether or not you authorized them.

For mobile management applications deployed to your employer, account creation is managed by your organization's administrator. Your use of such Apps is additionally governed by your organization's internal acceptable-use policy.

§ 03 Age Requirements

We respect the age-of-majority and digital-consent rules of every jurisdiction in which our Apps are made available. Specific requirements:

3.1 General minimum

You must be at least 13 years old to use the Services in jurisdictions where the minimum age of digital consent is 13, and at least 16 years old in jurisdictions where it is 16. If the minimum is 14 or 15 (some EU member states), that age applies.

3.2 United States — COPPA

Under the Children's Online Privacy Protection Act, we do not knowingly collect personal information from children under 13 in a manner that requires verifiable parental consent, except where such consent has been obtained (for example, in school deployments of our mobile management applications).

Apps directed to children under 13 (or that we have actual knowledge are accessed by children under 13):

• Disable behavioral advertising.
• Disable persistent identifiers used for cross-app tracking.
• Require a parental gate before any in-app purchase.
• Prohibit open chat or social features without human moderation.

3.3 European Union & UK

For users under the digital-consent age in their member state (typically 13, 14, 15, or 16), we require verifiable parental consent before any processing of personal data, except where the processing is strictly necessary to provide a service explicitly requested by the child (e.g. a school assignment). The UK Age-Appropriate Design Code (AADC) applies to Apps likely to be accessed by children in the UK.

3.4 China — PIPL & minors

For users under 14 in mainland China, we treat their personal information as sensitive, require verifiable parental consent, and apply strict data minimization. We do not profile minors for advertising.

3.5 South Korea

For users under 14, we require verifiable parental consent under the Personal Information Protection Act.

3.6 Other jurisdictions

We apply the strictest applicable standard. If you are a parent or guardian and believe we have collected information from your child without proper consent, please contact us at buinhuy9082@icloud.com and we will delete the information promptly.

§ 04 License & Intellectual Property

4.1 Our intellectual property

The Services, including all source code, object code, designs, graphics, logos, trademarks, audio recordings, music, animations, video, text, and the selection and arrangement thereof (the "Content"), are owned by FlareRapids or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual-property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use (or for internal business use, in the case of mobile management applications).

4.2 Restrictions

You may not, and may not permit any third party to:

• Copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the Services or any portion thereof, except to the extent expressly permitted by applicable law.
• Rent, lease, sublicense, distribute, publish, or transfer the Services.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notice.
• Use the Services to build a competitive product or service.
• Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written consent.
• Use the FlareRapids name, logo, or trademarks without our prior written permission.

4.3 Feedback

If you submit suggestions, ideas, or feedback regarding the Services, you grant us a worldwide, perpetual, irrevocable, royalty-free, fully transferable license to use, modify, and incorporate such feedback into the Services without any obligation to you.

§ 05 Acceptable Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party right.
• Engage in any activity that is fraudulent, deceptive, or misleading.
• Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or invasive of another's privacy.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt the Services or the servers or networks connected to the Services.
• Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services.
• Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services.
• Upload or transmit viruses, malware, worms, time bombs, or any other harmful or destructive code.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Engage in mining, scraping, harvesting, or otherwise collecting personal information about other users.
• Use the Services in any manner that could damage, disable, overburden, or impair our infrastructure.
• Cheat, hack, or exploit undocumented or unintended features of any of our Apps (including any "exploit" or "cheat" distributed by third parties).
• Engage in any form of automated play, botting, or multi-accounting for the purpose of gaining an unfair advantage in our games.

§ 06 User Content

Some of our Apps allow you to upload, post, or otherwise submit content such as profile photos, in-game names, support tickets, feedback, and (in some Apps) chat messages ("User Content"). You retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free, fully transferable, sublicensable license to use, host, store, reproduce, modify, publish, and display such User Content solely for the purpose of operating, developing, and improving the Services.

You represent and warrant that:

• You own the User Content or have the necessary rights to submit it.
• The User Content does not violate the rights of any third party (including copyright, trademark, privacy, or publicity rights).
• The User Content does not contain unlawful, harmful, or offensive material.

We may, but are not obligated to, monitor, edit, or remove User Content that we determine in our sole discretion violates these Terms or is otherwise objectionable.

§ 07 Purchases, Subscriptions & In-App Purchases

7.1 In-app purchases (IAP)

Our Apps may offer virtual items, currency, or subscriptions for purchase through the platform's in-app purchase system (Google Play Billing on Android, Apple In-App Purchase on iOS). All purchases are processed by the platform, and the platform's terms govern the transaction, including billing, refunds, and taxes.

7.2 Subscriptions

Subscriptions automatically renew at the end of each billing period unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel subscriptions in your platform account settings.

7.3 Free trials

If a free trial is offered, you will be charged the subscription fee after the trial period ends, unless you cancel before the trial ends. We may, at our discretion, change the trial terms or discontinue trials at any time.

7.4 Refunds

Refunds for in-app purchases are governed by the platform's refund policy (Google Play or Apple App Store). In general, FlareRapids does not issue refunds directly, except where required by law (for example, the EU Consumer Rights Directive's 14-day withdrawal right for digital content, subject to the content-not-provided exception).

7.5 Virtual items

Virtual items purchased in our Apps (e.g. in-game currency, boosters, cosmetic items) are licensed to you, not sold, and have no real-world monetary value. They are non-transferable and non-refundable, except where required by law.

7.6 Pricing & taxes

Prices displayed in our Apps may not include all applicable taxes. The final price, including any sales tax, VAT, GST, or other transaction tax, is shown at checkout and charged by the platform.

§ 08 Advertising

Our free-to-play Apps display advertising delivered by third-party ad networks, as described in detail in our Privacy Policy § 6. By using the free portions of our Apps, you acknowledge and agree that:

• Advertising is necessary to support the free tier of the App.
• You may be shown ads in the formats described in Privacy Policy § 7 (banner, interstitial, rewarded, app-open, native, playable, offerwall).
• You can opt out of personalized advertising at any time via the device settings (iOS Tracking, Android Ads Personalization) or the in-app privacy settings.
• Ad content is selected and controlled by the respective ad networks; we do not endorse any advertised product or service and are not responsible for the accuracy of ad content.
• Any interaction with an ad (e.g. clicking through, making a purchase) is solely between you and the advertiser.
• Children's Apps serve only contextual ads (or no ads at all), as required by the Google Play Families Policy and the Apple Kids Category.

§ 09 App Store Specific Terms

9.1 Google Play (Google LLC)

Our Apps are made available through Google Play. Your use of Google Play is governed by the Google Play Terms of Service and the Google Play Developer Distribution Agreement (DDA). In the event of any conflict between these Terms and the Google Play Terms, the Google Play Terms will control with respect to the distribution, billing, and rating of the Apps.

Per the DDA Section 8, Google is a third-party beneficiary of these Terms for the Apps distributed through Google Play.

9.2 Apple App Store (Apple Inc.)

Our Apps are made available through the Apple App Store. Your use of the App Store is governed by the Apple Media Services Terms and Conditions. These Terms are between you and FlareRapids only, not with Apple. Apple is not responsible for the Apps or their content.

Notwithstanding anything to the contrary in these Terms:

• Apple has no obligation to provide maintenance or support for the Apps.
• In the event of a warranty failure, you may notify Apple, and Apple may refund the App purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Apps.
• Apple is not responsible for any product liability claims, claims that the App fails to conform to legal or regulatory requirements, or claims arising under consumer-protection or similar laws.
• In the event of any third-party claim that the App infringes that party's intellectual property rights, FlareRapids (not Apple) is solely responsible for the investigation, defense, settlement, and discharge of the claim.
• You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist-supporting" country, and you are not on any U.S. government list of prohibited or restricted parties.
• FlareRapids and its licensors retain all right, title, and interest in and to the Apps.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

9.3 App store ratings & content guidelines

All Apps are submitted for review and rating under the IARC (International Age Rating Coalition) system. We follow the IARC questionnaire for each App and obtain the appropriate age rating for the markets in which the App is distributed, including:

• ESRB (US & Canada)
• PEGI (Europe)
• USK (Germany)
• GRAC (South Korea)
• GSRR (Russia, where applicable)
• CLASSIND (Brazil)
• DJCTQ (Brazil for cinema-equivalent ratings)
• Generic IARC (rest of world)

Where an App is marketed to or likely to be accessed by children, we apply the strictest age-rating and content controls permitted by the relevant app store's family / kids category.

§ 10 Enterprise / Mobile Management Applications

Bespoke mobile management applications we build for enterprise clients are governed by a separate Master Services Agreement (MSA) and Statement of Work (SOW). The following terms apply to your use of such Apps, in addition to your employer's policies:

• You may use the App only for the business purposes authorized by your employer.
• Your use may be monitored, logged, and audited by your employer.
• Personal use of the App may be restricted or prohibited.
• Data you create, store, or transmit through the App is owned by your employer, not by you personally.
• The App may be remotely wiped, removed, or disabled by your employer at any time (for example, upon termination of your employment or loss of the device).
• You must not attempt to bypass, jailbreak, or otherwise circumvent the App's security or management features.

FlareRapids processes data on behalf of your employer under a Data Processing Agreement (DPA) that meets the requirements of GDPR Article 28, the UK GDPR, and equivalent provisions in other jurisdictions. For data-subject requests related to enterprise Apps, please contact your employer's data protection officer first; we will assist them as required.

§ 11 Country-Specific Terms

The following country-specific provisions supplement the rest of these Terms. If you are in one of these jurisdictions, the additional terms below apply to you.

11.1 United States

• California: If you are a California resident, you may have additional rights under the CCPA/CPRA, including the right to opt out of "sale" or "sharing" of personal information. FlareRapids does not sell or share personal information as those terms are defined under California law. See our Privacy Policy § 14 for the full list of rights and how to exercise them.
• DMCA: If you believe that content in one of our Apps infringes your copyright, send a takedown notice to buinhuy9082@icloud.com with the elements required by 17 U.S.C. § 512(c).

11.2 European Economic Area & United Kingdom

• Consumer rights: If you are a consumer, you may have a 14-day "right of withdrawal" for digital content purchases under the EU Consumer Rights Directive. This right is waived for digital content once performance has begun (e.g. once a virtual item has been delivered to your in-game account).
• EU Online Dispute Resolution: The European Commission provides an Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
• Alternative dispute resolution: We are not obliged to use an ADR entity and will not participate in ADR proceedings before a consumer-dispute resolution body.

11.3 United Kingdom

• Age-Appropriate Design Code: Applies to Apps likely to be accessed by children in the UK. See § 3.3.
• Online Safety Act: We comply with the illegal-content and children's-access codes to the extent they apply to user-generated content in our Apps.

11.4 Brazil — LGPD

Consumers in Brazil have rights of confirmation, access, correction, anonymization, portability, deletion, and information about sharing. See our Privacy Policy § 14.

11.5 Canada — Quebec Law 25

Quebec residents have enhanced consent, transparency, and breach-notification rights. We comply with Law 25, including the appointment of a privacy officer, the maintenance of a confidentiality incident registry, and DPIA for high-risk processing.

11.6 China — PIPL

For users in mainland China, the Personal Information Protection Law applies. Cross-border transfers of personal information out of mainland China require a CAC security assessment, standard contract, or certification as applicable. We will obtain separate, informed consent for any cross-border transfer and will conduct the required PIPIA.

11.7 South Korea — PIPA

For users in South Korea, the Personal Information Protection Act applies. We will obtain separate consent for the collection, use, and cross-border transfer of personal information, and we will comply with the requirements for processing sensitive personal information.

11.8 Australia

For users in Australia, the Privacy Act 1988 and the Australian Privacy Principles apply. The Notifiable Data Breaches scheme applies to data breaches likely to result in serious harm.

11.9 Japan — APPI

For users in Japan, the Act on the Protection of Personal Information applies, including the 2022 amendments on cross-border transfers and breach notification. We will obtain separate, informed consent for cross-border transfers unless an exception applies.

11.10 India — DPDP Act 2023

For users in India, the Digital Personal Data Protection Act, 2023 applies, including the rights of data principals and the obligations of data fiduciaries.

11.11 Export controls & sanctions

You may not use, export, re-export, or transfer the Services except in compliance with the U.S. Export Administration Regulations, the U.S. International Traffic in Arms Regulations, and any other applicable export-control or sanctions laws. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to U.S. sanctions.

§ 12 Termination & Suspension

We may, at our sole discretion, suspend or terminate your access to all or part of the Services at any time, with or without notice, for any reason, including:

• Your breach of these Terms.
• Your engagement in fraudulent, abusive, or illegal activity.
• A request from a platform (Google or Apple) to remove an App or your account.
• A legal or regulatory requirement.
• The discontinuance of the App or the Services.

You may stop using the Services at any time and delete the Apps from your devices. You may also request deletion of your account by emailing buinhuy9082@icloud.com.

Upon termination, all licenses granted to you under these Terms will immediately cease. The following sections will survive termination: § 13 (Disclaimers), § 14 (Liability), § 15 (Indemnification), § 16 (Dispute Resolution), and § 18 (Miscellaneous).

§ 13 Disclaimers & Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN SUCH JURISDICTIONS, THE EXCLUSIONS ABOVE APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

§ 14 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLARERAPIDS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID US (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR FRAUDULENT MISREPRESENTATION).

§ 15 Indemnification

You agree to defend, indemnify, and hold harmless FlareRapids and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including but not limited to your User Content and any claim that your User Content infringes the rights of a third party.

§ 16 Dispute Resolution & Arbitration

16.1 Informal resolution

We want to address your concerns without a formal legal process. Before filing a claim, you agree to contact us at buinhuy9082@icloud.com with the subject "Dispute" and attempt to resolve the dispute informally. We will try to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, you or FlareRapids may pursue formal resolution.

16.2 Arbitration

For any dispute that is not resolved informally, you and FlareRapids agree to resolve any claim through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator in the State of Delaware, USA, in the English language, and the award of the arbitrator will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction pending the outcome of the arbitration.

16.3 Class action waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND FLARERAPIDS AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, YOU AND FLARERAPIDS EACH WAIVE ANY RIGHT TO A JURY TRIAL.

16.4 Exceptions

Nothing in this section will be deemed to waive, exclude, or limit any right you have under applicable consumer-protection law in your jurisdiction, including the right to bring a claim in your local courts.

16.5 EU consumers

If you are a consumer in the European Union, you may also bring proceedings in the courts of the member state in which you reside. The European Commission's Online Dispute Resolution platform is available at ec.europa.eu/consumers/odr.

§ 17 Changes to these Terms

We may update these Terms from time to time. The "Effective" date at the top of this page reflects when the Terms were last revised. Material changes will be communicated in advance via:

• An in-app banner or modal in each of our Apps, displayed for at least 30 days before the change takes effect.
• An email to registered users (where we have a working email on file).
• A notice on the home page of flarerapids.com.

By continuing to use the Services after the effective date of any changes, you agree to be bound by the updated Terms. If you do not agree to the changes, you must stop using the Services and may delete your account.

These Terms are provided in English. Translations may be provided for convenience; in case of conflict, the English version prevails.

§ 18 Miscellaneous

18.1 Entire agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and FlareRapids regarding the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

18.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be severed from these Terms, and the remaining provisions will remain in full force and effect.

18.3 No waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms to any of our affiliates, or in connection with a merger, acquisition, or sale of assets.

18.5 Force majeure

We will not be liable for any delay or failure to perform any obligation under these Terms (excluding payment obligations) due to causes beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network or power failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18.6 Notices

Notices to you may be sent via email, in-app notification, or by posting on the Services. Notices to us should be sent to buinhuy9082@icloud.com.

18.7 Governing law

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. The UN Convention on Contracts for the International Sale of Goods does not apply.

§ 19 Contact

Questions about these Terms? Contact us:

FlareRapids — Legal Office
Email: buinhuy9082@icloud.com

For privacy-related questions, see our Privacy Policy § 16.