Effective Date: 19 May 2025
Welcome to Mistflux Games Ltd. ("Mistflux", "we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of our games, websites, online services, and applications, including any related services provided through our official Discord application network ("Discord Apps").
By accessing or using any Mistflux service, you agree to be bound by these Terms. If you do not agree, do not access or use our services.
1. Eligibility
To use our services, you must:
- Be at least 13 years old, or the minimum legal age in your country;
- Not be previously banned or removed from any Mistflux service;
- Be capable of forming a binding contract under your local laws.
Some services may impose additional age or content restrictions depending on regional laws.
2. Accounts and User Conduct
2.1 Account Creation
You may need to register for an account. You agree to:
- Provide accurate, current information and keep it updated;
- Maintain the confidentiality of your credentials;
- Accept full responsibility for all activities that occur under your account.
2.2 Conduct
You agree not to:
- Violate any applicable laws or regulations;
- Harass, threaten, or defame others;
- Use exploits, cheats, bots, or any unauthorised third‑party software;
- Distribute malware or harmful content;
- Infringe on intellectual property rights;
- Attempt to access services you are not authorised to use.
Violation may result in account suspension or termination without notice.
3. Mistflux Discord Application Network
Our Discord-based applications and bots are governed by these Terms and Discord’s Terms of Service and Community Guidelines.
3.1 Acceptable Use
You may not use our Discord integrations to:
- Spam users or servers;
- Manipulate in-server economies or game mechanics unfairly;
- Circumvent moderation tools;
- Share inappropriate or harmful content;
- Engage in unauthorised data scraping or harvesting.
3.2 Server‑Specific Rules
Certain integrations may include server‑level customisation or moderation tools. Their use must comply with both our Terms and Discord’s Terms.
4. Intellectual Property
All Mistflux content, trademarks, logos, and proprietary technology are owned by or licensed to Mistflux. You may not copy, distribute, or create derivative works without prior written permission.
5. User Content
5.1 Submissions
By submitting content (e.g., mods, feedback, gameplay, creations) to Mistflux or through any of our services, you:
- Grant us a worldwide, non‑exclusive, royalty‑free licence to use, reproduce, modify, distribute, and display such content;
- Confirm you have all necessary rights to share the content.
5.2 Moderation
We may (but are not obligated to) monitor, review, and remove content that violates these Terms or our community standards.
6. Purchases and Virtual Items
If Mistflux offers in‑game purchases or virtual currencies:
- All purchases are final unless otherwise required by law;
- Virtual items have no monetary value outside the game;
- We may modify or remove virtual items without liability.
7. Termination
We may suspend or terminate your access if:
- You violate these Terms;
- We suspect fraud, abuse, or illegal activity;
- Required by law or regulation.
Upon termination, all rights granted to you under these Terms will end.
8. Privacy & Regional Data Protection
We comply with applicable privacy laws, including:
- COPPA (USA) – We do not knowingly collect personal information from children under 13 without verifiable parental consent.
- GDPR (EU/UK) – EU/UK users have rights to access, rectify, delete, or restrict their personal data. Our processing bases include contract performance and legitimate interest.
- Other Regions – We strive to meet other relevant data‑protection obligations worldwide. By using our services, you consent to the transfer and processing of your data as described in our [Privacy Policy].
9. Disclaimers
Services are provided “as is” and “as available.” We make no guarantees regarding uptime, performance, or results. We are not liable for indirect or consequential damages arising from use or inability to use our services.
10. Limitation of Liability
To the fullest extent permitted by law, Mistflux shall not be liable for any indirect, incidental, special, or consequential damages. Our total liability for claims under these Terms is limited to the amount you paid us in the six (6) months preceding the claim.
11. Dispute Resolution – Binding Arbitration (No Court or Class Actions)
11.1 North America
All disputes shall be resolved exclusively by binding arbitration under the American Arbitration Association (AAA) rules. Proceedings will be individual (no class or collective actions) and held in Delaware, USA, or virtually. The U.S. Federal Arbitration Act governs this clause.
11.2 United Kingdom & European Union
Disputes shall be resolved exclusively by binding arbitration under the London Court of International Arbitration (LCIA) rules. Proceedings will be individual and held in London, England, or virtually. The decision of the arbitrator is final and binding.
11.3 Exceptions
Either party may bring a claim in small‑claims court where jurisdictionally permitted. Mistflux may seek injunctive relief for intellectual‑property misuse.
12. Governing Law
- Mistflux Games Ltd. (UK) – Laws of England and Wales (excluding conflict‑of‑laws principles).
- Mistflux Games LLC (NA) – Laws of the State of Delaware and applicable U.S. federal law.
The arbitral tribunal will apply the governing law relevant to your entity.
13. Changes to These Terms
We may update these Terms at any time. Significant changes will be announced via our website or official Discord channels. Continued use after changes constitute acceptance.
14. Contact Us
Mistflux Games Ltd.
support@mistflux.co.uk
Mistflux Games LLC
support-na@mistflux.net
Last updated: 19 May 2025