Terms of Service
These Terms of Service (“Terms”) form a legal agreement between you and Fizzy Foxx, Inc. (“Fizzy Foxx,” “we,” “us,” or “our”) governing your access to and use of our websites, games, applications, and related services (collectively, the “Services”). By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
1. Eligibility & Accounts
You may use the Services only if you are capable of forming a binding contract with us and are not barred from doing so under applicable law. If you create an account, you must provide accurate information and keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account.
2. License & Acceptable Use
We grant you a personal, limited, revocable, non‑exclusive, non‑transferable license to access and use the Services for your personal, non‑commercial entertainment, subject to these Terms. You agree not to: (a) reverse‑engineer, modify, or create derivative works; (b) exploit the Services commercially without our written consent; (c) circumvent security or technical protection measures; (d) use cheats, bots, automation, or hacks; (e) engage in harassing, fraudulent, or illegal conduct; or (f) access the Services via unauthorized means.
3. Purchases, In‑App Items & Platforms
Some Services offer virtual items or premium features. Purchases may be processed by third‑party platforms (e.g., Apple App Store, Google Play) and are subject to their terms and policies. We do not receive or store your full payment data. All purchases are final and non‑refundable except as required by the platform’s rules or applicable law. Virtual items have no real‑world value, are licensed—not sold—and may be modified, suspended, or discontinued at any time.
4. Advertising & Analytics
We may show ads and use analytics providers to understand usage and improve the Services. Our Cookie Policy explains how cookies and similar technologies are used and how you can manage preferences. We may receive limited, non‑personal information from advertising and analytics partners for performance, fraud prevention, and product improvement.
5. User Content & Feedback
If you submit content (e.g., forum posts, messages, reviews) or feedback, you grant Fizzy Foxx a worldwide, non‑exclusive, royalty‑free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating and improving the Services. Do not submit content that infringes others’ rights or violates law. We may remove content we reasonably believe violates these Terms.
6. Intellectual Property
The Services and all related content (including games, software, graphics, text, trademarks, and logos) are owned by or licensed to Fizzy Foxx and are protected by intellectual‑property laws. Except for the license in Section 2, no rights are transferred to you. If you believe your IP rights are infringed, contact us using the details below; where applicable, we will respond in line with relevant laws (e.g., DMCA in the U.S.).
7. Children
We do not knowingly collect personal information from children where parental consent is required. If you are a parent or guardian and believe we collected information from a child by mistake, please contact us and we will take appropriate steps to remove the data.
8. Third‑Party Services
The Services may include links to or integrations with third‑party services. Their terms and privacy policies govern your use of those services. We are not responsible for third‑party content, products, or services.
9. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. We do not guarantee that the Services will be uninterrupted, secure, or error‑free, or that defects will be corrected.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FIZZY FOXX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US (IF ANY) DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR (B) USD $50.
11. Indemnification
You agree to indemnify and hold harmless Fizzy Foxx and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, your content, or your violation of these Terms or applicable law.
12. Suspension & Termination
We may suspend or terminate your access to the Services at any time if we believe you violated these Terms or applicable law, or if continued access poses risk to us or others. Upon termination, your license ends and you must stop using the Services. Sections intended to survive (including ownership, disclaimers, limitations of liability, and indemnity) will continue in effect.
13. Changes to the Terms
We may update these Terms from time to time. We will post the updated version with a new “Last updated” date. Your continued use of the Services after the changes become effective constitutes acceptance of the revised Terms.
14. Governing Law & Venue
These Terms are governed by the laws of the State of Delaware and the United States, without regard to conflict‑of‑law rules. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for any disputes that are not subject to arbitration, and you waive any objection to jurisdiction or venue in those courts.
15. Contact
If you have questions about these Terms, please contact us at:
Fizzy Foxx, Inc.
2093 Philadelphia Pike #1769, Claymont, DE 19703, USA
contact@fizzyfoxx.com