Effective Date: 17th February, 2021
This Agreement is concluded between F5S and you only, and not with Google or Apple (if you downloaded the app from their respective mobile app stores), and accordingly it is only F5S and not Google or Apple, who shall be solely responsible for the Application and the content thereof.
F5S may change the terms of the Agreement at any time and without notice, effective upon the posting of the revised Agreement. Your continued use of the Application shall be considered your acceptance of the revised Agreement. You must have the most current version of the Application to ensure that it is working properly. It is your responsibility to periodically check the Application and/or our website at www.fanatic5s.com, to determine if you have the most current version of the Application. If you do not agree to this Agreement, please do not download the Application.
The Application is provided subject to all of the terms set forth in this documentation. F5S does not warrant that the Application will be constantly available, or available at all. F5S does not warrant that the Application is free of defects or errors.
The Application provided by F5S is provided “as is” without warranty of any kind. F5S expressly disclaims any warranty, regarding the Application including any implied warranty of merchantability, fitness for a particular purpose, or for failure of performance. F5S does not warrant that the Application will be free from defects or errors. You agree that downloading and use of the Application is at your own risk and that F5Ss not responsible for any damages or losses whatsoever resulting from your downloading or use of, or your reliance upon, the Application. By downloading the Application you expressly agree to hold F5S harmless from any loss, harm, injury, or damage whatsoever resulting from or arising out of your use of the Application.
You acknowledge that Google (in case you intend to download or downloaded the app from Google Play) or Apple (in case you intend to download or downloaded the app from the Apple App Store) has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Limitations of Liability and Indemnification
THE DOWNLOADING AND/OR USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK AND IN NO EVENT SHALL F5S BE LIABLE (WHETHER UNDER THE LAW OF CONTRACTS, TORTS OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES OR LIABILITIES (COLLECTIVELY “DAMAGES”) WHATSOEVER ARISING OUT OF OR RELATING TO THIS APPLICATION. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION IS TO STOP USING THE APPLICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD F5S, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, AND SETTLEMENTS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES RESULTING FROM OR ALLEGED TO RESULT FROM YOUR USE OF THIS APPLICATION.
User content and indemnity
You represent and warrant that:
(i) you own all rights in and to your user content, including your usernames (collectively: the “User Content”),
(ii) if the User Content is subject to third party proprietary rights (“such as characters, deities, events, spells, names and places from official books or licensed supplements”), you have all necessary licenses, rights, consents and permissions to publish and use the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your User Content,
(iii) you are not a minor,
(iv) you are legally entitled to post the User Content, and the use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law and
(v) the User Content is not libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive, or otherwise breaching any applicable laws anywhere in the world. You hereby release, discharge and agree to hold F5S, and any person acting on our behalf, harmless from any liability related in any way to your User Content.
If the Application were to be found not to conform to any warranty that may not be excluded under applicable law, you may notify F5S, and F5S or Google, and F5S or Apple as your sole remedy hereunder, will refund the purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Google or Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty that may not be excluded under applicable law will, unless excluded hereunder, be F5S’s sole responsibility.
You acknowledge that it is our, and not Google’s (in case you intend to download or downloaded the app from Google Play) or Apple’s (in case you intend to download or downloaded the app from the Apple App Store) responsibility to address your claims or those of any third parties relating to the Application or your possession and/or use thereof, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation.
If any provision of this Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement.
Ownership of Intellectual Property and Limited License
All intellectual property to this Application, including all Application material, is protected by copyright, trademark, or patent laws, and is owned exclusively by F5S. Intellectual property, includes, but is not limited to, computer or software code, scripts, design elements, graphics, interactive features, artwork, text communication, storyline, character names and any other content that may be found on or in the Application. All trademarks, service marks and trade names are owned, registered and/or licensed by F5S.
F5S grants to you a worldwide, non-exclusive, non-transferable, royalty-free, revocable license to: download and use this Application to a mobile device or PC owned and controlled by you from the app stores or game stores as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the Application may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing or volume purchasing; use this Application as herein set forth; copy and store this Application and the material on this Application in your device’s cache memory. F5S does not grant you any other rights whatsoever in relation to this Application or the material on this Application. All other rights are expressly reserved by F5S.
Should any third party claim alleging that the Application infringes third party intellectual property rights arise, it will be our, and not Google’s (in case you intend to download or downloaded the app from Google Play) or Apple’s (in case you intend to download or downloaded the app from the Apple App Store), responsibility to investigate, defend, settle or discharge of any such intellectual property infringement claim.
Use and Prohibited Use Restrictions
You may use the Application only for your own personal, non-commercial use. You are strictly prohibited from, and agree that you will not, adapt, edit, change, modify, transform, publish, republish, distribute, or redistribute this Application or the material on this Application (in any form or media) without F5S’s prior written consent. You agree not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on this Application.
Enforcement of Copyright and Protection of Intellectual Property
If F5S discovers that you have used its copyrighted or other protected materials in contravention of the terms of the license above, F5S may bring legal proceedings against you, seeking monetary damages and an injunction against you. You could also be ordered to pay legal fees and costs. If you become aware of any use of F5S’s copyright or protected materials that contravenes or may contravene the terms of the license above, immediately report this by email to firstname.lastname@example.org or by first-class mail to Fanatic 5 Solutions, 11. Kertész Str., Szeged, 6726, Hungary.
For the monthly auto renewable subscriptions available in this Application the following terms apply:
(i) there are two (2) types of auto-renewable subscription options, named „D10 subscription” and „D20 subscription”.
(ii) D10 is the first level, priced at $1.99. D20 is the second level with more options, priced at $3.99. Both are monthly, auto-renewable subscriptions. Please check the benefits in details here: https://fanatic5s.com/comparison-pricing-tables/.
(iii) Payment will be charged to your Account at confirmation of purchase (for Google and Apple devices), or directly to your credit card, should you use Xsolla (authorized global distributor of Downtime Manager 2.0) from our browser-based release.
(iv) Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
(v) Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings on the device itself after purchase (for Google and Apple devices) and from the Application itself in case you would use a browser-based release.
(vi) The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service.
You represent and warrant that (a) according to your personal law you are eligible to use the Application, and such use does not violate the legal regulations that may apply to you or such use under your personal or other applicable law, (b) you are not located in a country that is subject to a U.S. Government embargo, or or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations, (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You shall indemnify and hold us harmless from and against any claims that may arise from your breach of the terms of this license or the applicable legal regulations.
Questions, complaints and claims
In case of any questions, complaints or claims with respect to the Application, please contact us at: email@example.com.
Third party terms of agreement
You acknowledge and agree that when using the Application, you must comply with applicable third party terms of agreement.
Should you have downloaded Downtime Manager from the Apple Appstore, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this license, and that, upon your acceptance of the terms and conditions of this license, Apple will have the right (and will be deemed to have accepted the right) to enforce this license against you as a third party beneficiary hereof.
When ordering one of our games or registering on Downtime Manager app or website, as appropriate, you may be asked to enter your name, email address or other details to help you with your experience.
We use your personal information to:
- Store your game profile on our servers. Your profile is only accessible to you. (legal basis: Art.6 (1) b) GDPR – performance of contract)
- Send you emails regarding two topics:
- When there’s a new game released by F5S (legal basis: Art. 6 (1) a) GDPR – consent)
- When there’s an important update we’d like you to install to maximize your gaming experience (legal basis: Art. 6 (1) f) GDPR – our legitimate interest to inform you about new updates)
We also analyse in-game behaviour of players to learn and to make better games for you. This analysis however is purely statistical, it is not connected to you or your PII in any way.
We store your PII as long as you have an existing profile.
We immediately delete all your PII once you ask us to do so at firstname.lastname@example.org.
Please not that removing the Downtime Manager app from your device or the discountinuation of its usage does not result in the erasure of your profile.
Recipients, data transfers:
We do not transfer your PII to any third parties. PII is not transferred to any third country.
- Ask us to delete any or all PII we have about you.
- Ask us to send you any or all PII we have about you and to inform you on the details of the data processing.
- Ask us to rectify or erase your data (if the conditions set out in the GDPR are met).
- Object to the processing of your PII if the legal basis of the processing is our legitimate interest.
- Receive your data, which you provided to us and you may transmit these data or have them transit (if possible) to another controller.
- As regards the communications sent to you in connection with new game releases, you may withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
- Ask us NOT to send emails to you:
- Not to be notified on important updates
- Lodge a complaint with the competent supervisory authority, if you think the data processing infringes the applicable data protection laws. The contact data of the supervisory authorities in the European Union: https://edpb.europa.eu/about-edpb/board/members_en
You can reach us at: email@example.com with such requests.
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to Downtime Manager app or F5S website as safe as possible. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Chrome) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies. If you disable cookies off, some features will be disabled that make F5S website experience more efficient and some of our services may not function properly.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. We may also release your information when we believe release is appropriate to comply with the law, enforce Downtime Manager app or website policies, or protect ours or others’ rights, property, or safety.
California Online Privacy Protection Act
According to CalOPPA we agree to the following:
We do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information. In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur and we will notify the users via email within 7 business days. We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
Governing Law and Dispute Resolution
This Agreement shall be governed by and shall be construed in accordance with the laws of Hungary, excluding its choice of law rules. All disputes relating to this Agreement shall be settled in the courts located within Hungary. The parties submit to personal jurisdiction within Hungary.
Please note that the above does not prevent any consumer to exercise any of their rights provided by their personal laws. Consumers may bring an action before the competent court located at the seat of F5S or their own domicile or habitual residence.
F5S may be contacted by mail at Fanatic 5 Solutions, 11. Kertész Str., Szeged, 6726, Hungary or by email at firstname.lastname@example.org.