Effective Date: 2024-07-14

These Terms of Use (“Terms”) govern your access to and use of the Physics! Fun mobile application (the “Game”) operated by Foxtrio (“us”, “we”, or “our”).

By accessing or using the Game, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Game.

1. Eligibility

You must be at least 13 years old to use the Game. By using the Game, you represent and warrant that you are at least 13 years of age.

2. License to Use the Game

We grant you a limited, non-exclusive, non-transferable, revocable license to download, install and use the Game on a single mobile device owned or controlled by you, solely for your personal, non-commercial use.

3. User Content

The Game may allow you to submit, upload, or otherwise make available content, such as text, images, or videos (“User Content”). You retain all rights in and to your User Content. By submitting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content throughout the world in any media.

You represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all copyright, trademark, trade secret, patent, and other proprietary rights in and to any and all User Content; and (ii) your User Content does not and will not: (a) infringe, violate, or misappropriate any third party’s intellectual property or proprietary rights, or rights of publicity or privacy; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our employees or agents), or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) be obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any other person; (g) promote illegal or harmful activities or substances; or (h) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines.

4. Prohibited Conduct

You agree not to:

  • Use the Game for any illegal or unauthorized purpose.
  • Modify, adapt, hack, or reverse engineer the Game.
  • Use any robot, spider, or other automatic device or process to access the Game for any purpose, including scraping, data mining, data extraction, or data harvesting.
  • Interfere with or disrupt the Game or servers or networks connected to the Game.
  • Attempt to gain unauthorized access to the Game, other users’ accounts, or any systems or networks connected to the Game.
  • Transmit any viruses, worms, defects, Trojan horses, or any other items of a destructive nature.
  • Use any meta tags or other hidden text or metadata utilizing our trademarks, logos, or other proprietary information.
  • Use the Game to transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Encourage or enable any other individual to do any of the foregoing.

5. In-App Purchases

The Game may offer in-app purchases of virtual items and/or services (“In-App Purchases”). In-App Purchases may be made through various payment methods, such as credit card, debit card, or through your account with the applicable app store provider (e.g., Google Play, Amazon Appstore). By making an In-App Purchase, you agree to pay all fees and applicable taxes associated with the In-App Purchase. You are responsible for all charges incurred under your account, including unauthorized charges.

a. Virtual Items. All In-App Purchases of virtual items are final and non-refundable. Virtual items have no monetary value and cannot be redeemed for cash or any other tangible or intangible value. We have the absolute right to manage, regulate, control, modify, or eliminate any virtual items at any time, in our sole discretion, and without notice or liability to you.

b. Third-Party Payment Processors. All In-App Purchases are processed by third-party payment processors. We do not collect or store your payment information. Your use of the third-party payment processor is subject to its terms of service and privacy policy.

6. Intellectual Property

The Game and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7. Disclaimer of Warranties

The Game is provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Game will be uninterrupted or error-free, that defects will be corrected, or that the Game is free of viruses or other harmful components.

8. Limitation of Liability

In no event will we be liable for any damages arising from the use of or inability to use the Game, even if we have been advised of the possibility of such damages. In no event will our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).

9. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 Game, including, but not limited to, your User Content, any use of the Game’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Game.

10. Termination

We may terminate your access to all or any part of the Game at any time, with or without cause, with or without notice, effective immediately. Upon termination, all rights granted to you under these Terms will also terminate; however, certain provisions of these Terms will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

11. Governing Law and Dispute Resolution

These Terms and any action related thereto will be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of laws provisions. The exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Game will be the state and federal courts located in [Your County], [Your State], and you agree to submit to the personal jurisdiction of such courts.

12. Entire Agreement

These Terms constitute the sole and entire agreement between you and us regarding the Game and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Game.

13. Waiver and Severability

No waiver by us of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ours to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

14. Changes to these Terms

We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Your continued use of the Game following the posting of revised Terms means that you accept and agree to the changes.

15. Contact Us

If you have any questions about these Terms, please contact us at:

Email: [email protected]