These Terms are a legal agreement between you and FIOGONIA LIMITED (referred to as us/we/our in these Terms). The Terms set out how you may use the website www.fiogonia.com ("Website"), our apps or any games, products, forums and services we offer through our apps or otherwise on any platform (all collectively referred to in these Terms as our "Services"). Please read these Terms carefully.
FIOGONIA LIMITED is a company registered in Cyprus with its office located at X2 Building 1st Floor, Limassol, 3037. Our contact details are set out in "How can I contact you?" below.
You should read these Terms because they contain our legal commitments to you and a number of DOs and DON'Ts which you need to be aware of when you use our Services. Please read these Terms carefully to make sure you understand them. By using our Services, you agree to accept and be legally bound by these Terms. If you do not agree with the Terms, you should not access or use our Services.
We can update and change these Terms from time to time and the most current version of these Terms will be posted onto the Website and relevant apps and you may be invited to review and accept the revised Terms in order to continue using the Services. You can print and save a copy of these Terms for your future reference.
You agree to follow the following rules ("the Rules"). You agree that you will not post, distribute, or otherwise make available or transmit any data, text, message, graphic or computer file that we believe:
Furthermore, we strictly do not allow the making of threats or the use of any abusive, vulgar, profane or hateful language towards FIOGONIA's members of staff. Where we believe you have violated these terms, in addition to any other rights and remedies we have, we may terminate your customer support ticket(s). In some serious cases, where appropriate, we will also forward any such communications to relevant law enforcement bodies.
You may be warned, temporarily banned or permanently banned if we think that you have not followed the Rules or if we believe in our sole discretion that you have behaved inappropriately whilst using our Services. In addition, in such circumstances, FIOGONIA is entitled to remove any Virtual Items (including, without limitation, any Coins) from your account. You shall not be entitled to any refund or compensation for any removal of Virtual items.
If you believe that another user is violating these Rules, please email us at contact@fiogonia.com. However, we cannot and do not guarantee that other users are or will be complying with these Rules, and we will not be responsible for any other user's lack of compliance. You and other users are responsible for your own actions.
We reserve the right to remove, or refuse to post, any material that we believe is in violation of these Rules and, if we deem appropriate, to turn this material over to law enforcement officials. We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using our Services in violation of the law.
All of the content and information contained in the Services (including the games) are owned or licensed by us and are protected by intellectual property rights. Examples include, but are not limited to: source and object code, trademarks, logos, graphics, photographs, videos, animations, copyrightable gameplay and texts. In particular, any names, title, logos and designs that contain FIOGONIA are exclusively owned by us.
You are not allowed to use the Services or any of the content or information they contain, or may contain, in any way unless expressly allowed under these Terms or expressly permitted by us. You may not reverse engineer, decompile, disassemble or modify any Services in any way.
Social media channels
While FIOGONIA does not object to players using their gameplay footage for non-commercial uses in good faith, FIOGONIA fully reserves all of its intellectual property rights in all the materials and gameplay footage and to take down our materials and gameplay footage at any time. Please note that non-commercial uses include, but are not limited to, using FIOGONIA materials and gameplay footage to promote a product for sale and players should not seek to publish advertisement or otherwise earn money, in any currency, on the back of FIOGONIA materials and products. Players must ensure that they do not associate FIOGONIA materials or brand with any offensive, harmful or illegal content as per FIOGONIA's discretion. Monetisation of videos on any social media channel through its advertisement platform is generally acceptable, however be advised that FIOGONIA is entitled to change this policy at any time and any updates will be published in these Terms and Conditions.
We do not guarantee that the Services will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors, cheats, hacks or omissions. For example, there may be times when the Services are unavailable due to maintenance or technical problems. We may also change, suspend or discontinue certain Services without giving you prior notice.
We will not be liable for third-party content that we host or display on the Website or Services such as third-party games or advertising.
We will not be liable for any loss, damage or upset that you suffer as a consequence of any Service becoming temporarily or permanently unavailable, or your experience being negatively impacted as a direct result of other players breaching the Rules.
We (and any third-party content provider, or their respective agent), are not responsible for the following types of loss or damage which may arise from your use of the Services:
Nothing in the Terms excludes or limits our liability for death or personal injury caused by negligence, or for fraud.
All Services are provided on an 'as is' and 'as available' basis. We do not make any representation, guarantee or promise in respect of the Services, including, without limitation, any statements made by other users, third parties and/ or advertisers on or via the Services. We may change the Services at any time at our discretion. We may also make different features or promotions in our Services available to different users so your experience of using the Services may not be identical to other users.
We will take reasonable steps to ensure that our Services are free from viruses and other malicious software but we also recommend you use applicable anti-virus software as relevant.
You will also be asked to agree to the relevant app store terms which will apply in addition to these Terms. We suggest that you read these app store terms carefully.
If you download a Service onto your smartphone or tablet, it may offer push notification features. You may accept or refuse these, and can subsequently turn these off by visiting the settings menu on your device.
If you purchase any content through one of our Services via an app, for example Virtual Items or Subscriptions, then the relevant app store provider's terms and conditions applicable to in-app purchases will apply. You acknowledge that any billing and transactions are handled by the app store provider. You should contact the app store provider directly if you have any payment related issues with in-app purchases.
On some pages you may see links to third-party websites, advertising or content provided by third parties. These links are provided by third parties and not by us. We do not endorse any third-party website or content which is linked from our Services. Subject to applicable law or regulation, we are not responsible or liable for anything that happens to you or your data when you visit these third-party websites or use third-party content. If you visit any third-party website, please be aware that it may have its own terms of use, licence agreement and privacy policy which you will need to be aware of.
On some pages you may see advertising content provided by third parties. We do not control the advertisements that are placed via our Services. Please report any advert that you find offensive or inappropriate by the email contact@fiogonia.com and we will investigate the matter.
If you click on any advert, you will be dealing with external companies responsible for that advert. We are not responsible or liable for anything that happens to you when you visit these third-party websites or use third-party content. If you visit any third-party website, please be aware that it may have its own terms of use, licence agreement and privacy policy which you will need to be aware of.
If you believe that your work is included in any Services and this is violating your intellectual property rights, please advise us immediately by the email contact@fiogonia.com and we will investigate the matter.
By using our Services, you agree to accept and be legally bound by these Terms. If you do not agree with the Terms, you should not access or use our Services. We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so within Cyprus.
If we are unable to resolve any disputes between us regarding the delivery of services you have the right to refer the dispute to the EU's Online Dispute Resolution platform at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
The Services are made available for personal and not commercial use. We do permit promotional references to our Services (for example reviews via social media and in blogs) but we do reserve the right to ask you to remove such content or refrain from further action.
You cannot assign, sub-license or otherwise transfer any or all of your rights or obligations under these Terms to any other person.
If any part of these Terms is or becomes invalid, illegal or unenforceable, it shall be amended to the minimum extent necessary to make it valid, legal and enforceable. If that part cannot be amended, it will be deleted. The amendment or deletion of any part of these Terms shall not affect the validity and enforceability of the rest of the Terms.
If we do not enforce any right we have against you, this does not prevent us from enforcing this right at a later date. A person who is not a party to these Terms does not have any rights under them.
These Terms supersede and take precedence over any other purported terms between you and us.
These Terms and our relationship with you are governed by Cypriot law.
For customer support or business queries, please email contact@fiogonia.com.
The Services are not directed at children. For some Services you may need to register and should be at least 16 or over to do so.
If you help someone who is under 16 to register for or otherwise use any Services you assume full liability for any consequences and that, under no circumstances including, but not limited to, negligence, neither we nor any third-party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of such use.
Please read these terms and conditions ("Virtual Items Terms") carefully before purchasing any virtual items, benefits, upgrades, unlockables, cosmetics, skins, gameplay features or coins, cash, tokens or other in-game currency ("Coins"), in each case, available through or otherwise in relation to our Services (together "Virtual Items"). By directly or indirectly (such as through Subscriptions) purchasing any Virtual Items, you agree to be bound by these Virtual Items Terms and the Terms. These Virtual Items Terms are in addition to the Terms and if there is a conflict between the Virtual Items Terms and the Terms, the Virtual Items Terms shall apply.
These Virtual Items Terms cover your purchase and use of Virtual Items. Please be aware that a number of our Services have more than one type of in-game currency. If this is the case, there will be different items which can be purchased with each type of in-game currency, and each may be acquired in different ways.
Coins and items can only be used in line with these Virtual Items Terms and within the game account in which they are purchased or otherwise acquired. You acknowledge that certain additional in-game functionality may only be accessible in exchange for Coins.
These Virtual Items Terms also apply if you win or are given any Virtual Items because you have participated in a gameplay feature, competition, survey or marketing campaign.
Some of our games let you buy Virtual Items. You can recognise these games because they have an option to purchase Virtual Items, either in an in-game shop or, in the case of Coins, usually at the top of the specific game playing window. Games may allow you to buy different amounts of Virtual Items and may have temporary offers or sales for Virtual Item purchases.
Please note that when purchasing Virtual Items through one of our games, which you have downloaded from an app store, there may be additional terms and conditions which apply. You may be asked to agree to the app store provider's own terms and conditions, which will apply in addition to these Virtual Items Terms. We suggest you read app store terms carefully and follow the process provided by the relevant app store.
We do not permit third parties to give or sell Coins and other Virtual Items outside of our games. Accordingly, as a condition to playing our games, you agree not to receive, purchase and/or use Coins or Virtual Items from such third parties. Any unauthorised Coins or Virtual Items that you purchase are subject to forfeiture at any time.
You can buy Virtual Items from us for real money if you are 18 years of age or older or, if you are under 18, have the permission of a parent or guardian. We may ask you to provide the details of your parent or guardian from time to time.
If you want to buy any Virtual Items, please follow the steps set out in the game which you have downloaded. If you experience any difficulties when purchasing Virtual Items, you can contact us by the email contact@fiogonia.com.
Please note the following:
No. If you purchase Virtual Items through one app, they will not appear in other apps you may have from us.
You can spend your Coins in order to acquire other Virtual Items within the game within which you purchased the Coins. When you use Coins to acquire another Virtual Item within a game, the relevant amount of Coins will automatically be deducted from your account that is connected with that game.
Other than Coins, the nature and duration of any Virtual Items will vary between and within our games. Some Virtual Items may only be used a limited number of times or only whilst you satisfy certain conditions within the relevant game.
We can at any time, without notifying you, vary the scope, variety and type of Virtual Items. FIOGONIA has no obligation to make, or continue to make, any specific Virtual Item for any game. We may also restrict or vary the type of Virtual Items available to you based on your country of residence.
By buying Virtual Items, you agree not to:
When you buy Virtual Items, you are buying a limited personal revocable licence to use the Virtual Items. You agree that the Virtual Items do not constitute personal property and Coins are not legal tender or currency of any kind. All Virtual Items purchased by you are non-refundable. No interest is paid or earned on any Coins balance.
FIOGONIA is entitled to expire, withdraw, replace, restrict or otherwise change any Virtual Item at any time.
You have certain rights in respect of the Virtual Items. These include that we have the right to supply the Virtual Items to you and that the Virtual Items will be of satisfactory quality and as described.
You have certain legal remedies if we breach any of these rights. Nothing in these Virtual Items Terms is intended to affect these legal rights or other rights to which you may also be entitled.
If we are unable to resolve any disputes between us about your purchase of the Virtual Items or these Virtual Items Terms, you have the right to refer the dispute to the EU's Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
By purchasing Virtual Items from us, you agree that we can transfer them to your account as soon as we can. By agreeing to these terms, each time you click to confirm a purchase, you acknowledge that you expressly consent to the supply of the Virtual Items immediately and acknowledge that you will lose your right to change your mind and cancel such order within the 14-day cooling-off period otherwise provided by law.
It is possible that you have successfully ordered and paid for your Coins, but you may not have received them. Please remember that during busy periods, it can take up to 48 hours before your Virtual Items are assigned to your account. If you are still having issues receiving your Virtual Items and you have not received them after a short period of time, please let us know by contacting us by the Contact Us section of the app.
You are responsible for the security of your account and ensuring that no unauthorised purchases occur on your account. FIOGONIA is not liable for any unauthorised purchases (including fraudulent purchases or purchases made by minors). If you wish to pursue a refund for such purchases, you should contact your bank or the payment provider for the relevant app store.
We are not responsible for the following types of loss or damage which may arise (and have no obligation to refund for any purchase of Virtual Items):
Some of our Services provide you with the opportunity to purchase a Subscription for access to fixed or dynamic content, premium content and/or Virtual Items on an ongoing basis. Subscriptions may be available at different fees and for different periods of time (the "Subscription Period") as specified in the Services at the point of purchase. These Subscription Terms and Conditions apply to all such purchases of Subscriptions.
Subscriptions are automatic regular payments that continue for the Subscription Period until cancelled.
Subscription fees are charged automatically on or before the beginning of each Subscription Period. Apple's App Store, Google's Google Play or Amazon platform may place a temporary "authorisation hold" or "pending charge" on your payment card before any payment is due (including during a free trial period). Please see the section below "Why has my payment card been charged before payment is due?" for further details.
A Subscription is automatically renewed at the end of each Subscription Period unless you cancel it at least 24 hours before the expiry of the current Subscription Period. If you do not cancel the Subscription at least 24 hours before the expiry of the current Subscription Period, the Subscription fees for the next Subscription Period will be taken during the 24 hours before the expiry of the current Subscription Period.
If a Subscription fee cannot be taken due to the absence of monetary funds, invalidity of credit card or for any other reasons, the Subscription will not automatically end. The Subscription will automatically restart as soon as valid payment details are provided. Cancellation of a Subscription can only be done at your manual request. Please see the section below "How can I cancel a Subscription" for further details.
Some of our Subscriptions offer a trial period which is free of charge for a certain period of time that is specified in the Services. At the end of such trial period, the Subscription will automatically convert into a paid Subscription for the fees and for the Subscription Period set out in the Services at the time of activation of the trial period. If you do not cancel the Subscription within the trial period therefore, the first Subscription fee will be immediately and automatically charged when the trial period expires.
Please note that any paid Subscription begins immediately from the activation of such paid Subscription and not after the expiry of any trial period. Any unused trial period will therefore be forfeited if a Subscription is activated prior to the expiry of such trial period.
Each trial period offer may only be used once on an account.
You cannot cancel your Subscription for the current Subscription Period as that is activated as soon as you purchase a Subscription. However, you may cancel your Subscription for the next Subscription Period following the steps set out below.
You can manage and cancel your subscriptions at any time in the Account Settings of your device. For iOS subscriptions, please see Apple's support page (https://support.apple.com/en-gb/ht202039). For Google Play subscriptions, please see Google Play's support page (https://support.google.com/googleplay/answer/7018481?hl=en&co=GENIE.Platform%3DAndroid). For Amazon subscriptions, please see Amazon's support page (https://www.amazon.com/gp/help/customer/display.html?nodeId=201357590).
You will immediately stop receiving any benefits such as "VIP access" that your Subscription provided including any regular free Virtual Items. You will also lose access to any Virtual Items that is only available for Subscribers.
No. Except where required by law or at our sole discretion, paid Subscription fees are non-refundable.
We may modify the Subscription fee at our sole discretion and at any time. Any Subscription Fee change will become effective at the end of the current Subscription period. You will be provided reasonable prior notice of any change in Subscription fee. If you disagree with the change in Subscription fee, you may cancel your Subscription for the next Subscription Period following the steps set out in the section "How can I cancel a Subscription?".
Yes, we may modify the rewards and perks of each Subscription in our Services at our sole discretion.
We use different types of advertising in our Services. When you purchase a Subscription that states that advertising is removed from a particular Service, it will not remove advertising that you choose to display. This includes rewarded video advertising which is only shown when you select the option to display it.
All payment, billing and transaction processes are handled by the relevant third-party distributor or platform such as Apple's App Store or Google's Google Play. However, we understand that these platforms may place a temporary "authorisation hold" or "pending charge" on your payment card before any payment is due (including during a free trial period). This is an action outside of FIOGONIA's control for the purposes of preventing credit card fraud but we understand no payment is actually taken from you until the 24 period prior to the commencement of a paid subscription period.
All payment, billing and transaction processes are handled by the platform such as Apple's App Store, Google's Google Play or Amazon. If you have any payment related issues, then you need to contact such distributors directly. For any other issues, please contact us by the email contact@fiogonia.com.
These terms were last updated on 12 September 2022