These Terms of Service (the "Terms") constitute a legally binding agreement between you ("Player", "you", or "your") and Zucca Games Inc., a corporation incorporated in the State of Delaware with its registered office at 262 Chapman Rd Ste 240, Newark, Delaware 19702 ("JoyFlick", "we", "us", or "our"), governing your access to and use of the JoyFlick mobile applications, websites, and related services (collectively, the "Platform").
By creating an account, accessing the Platform, or participating in any contest offered through the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (together, the "Agreements"). If you do not agree to these Terms, you must not access or use the Platform.
Section 17 (Dispute Resolution) contains a binding arbitration clause and a class-action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes (unless otherwise required by law) related to the Platform through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions, as set forth in Section 17. You have the right to opt out of the arbitration clause and class-action waiver as explained in Section 17.7.
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and, where practicable, by sending notice to the email address associated with your account. Your continued use of the Platform after such notice constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform.
1. Introduction and Acceptance of Terms
- Scope. These Terms govern your access to and use of the Platform. Please read these Terms carefully, as they include important information about your legal rights. By accessing or using the Platform, you agree to these Terms. If you do not understand or agree to these Terms, you may not use the Platform.
- Who these Terms apply to. For purposes of these Terms, "you" and "your" means you as the Player. If you use the Platform on behalf of an entity, you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.
2. Eligibility
- Age requirements. You must be at least eighteen (18) years of age to create an account on the Platform. In certain jurisdictions, you must be at least twenty-one (21) years of age to participate in cash-entry contests. You represent and warrant that you meet the applicable minimum age requirement in your jurisdiction.
- Age verification. We verify age through our identity verification process described in Section 4.3. If we determine that you do not meet the minimum age requirement, your account will be suspended, any pending contest entries will be cancelled, and your deposited funds (less any entry fees for contests already adjudicated) will be returned to you.
- Geographic restrictions. The Platform is available only in jurisdictions where skill-based contests for prizes are permitted by applicable law. Cash-entry contests are currently available only in the following United States jurisdictions: Alabama, Alaska, Arizona, California, Colorado, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming (collectively, the "Eligible Jurisdictions"). The list of Eligible Jurisdictions may change as laws and regulations evolve and as JoyFlick elects, in its discretion, to phase states into or out of cash-entry play.
- Free play. Contests may be entered using Diamonds, a promotional currency that cannot be purchased and is awarded only as described in Section 6.2, so it is possible to play without payment, deposit, or purchase of any kind. Diamond-entry contests are subject to the same age, account-eligibility, and location-verification requirements as cash-entry contests, including the Eligible Jurisdiction and location-verification requirements in Sections 2.3 and 2.5, and award no withdrawable cash.
- Location verification. You represent and warrant that you are physically located in an Eligible Jurisdiction at the time you enter any contest, whether cash-entry or Diamond-entry. We verify your location using GPS-based geolocation technology, IP-based geolocation, and active VPN/proxy detection. You must grant the Platform permission to access your device's location services to participate in any contest. You may not use any technology or technique to mask, alter, or misrepresent your physical location, including without limitation virtual private networks ("VPNs"), proxy servers, GPS spoofing tools, remote-desktop access, or virtual machines located in a different jurisdiction.
- Consequences of restricted-jurisdiction play. If you are found to be participating in cash-entry contests from a restricted jurisdiction, your contest entries will be voided, any prizes will be forfeited, and your account may be suspended or terminated.
- One account per person. Each individual may maintain only one (1) account on the Platform. Creating or controlling multiple accounts is prohibited. If we determine that you control multiple accounts, all such accounts may be suspended or terminated and any associated balances may be forfeited to the extent permitted by applicable law.
- Employees and affiliates. Employees, officers, directors, shareholders, and contractors of Zucca Games Inc., and their immediate family members (defined as spouses, domestic partners, parents, children, and siblings), are prohibited from participating in cash-entry contests on the Platform.
3. Nature of the Platform: Skill-Based Contests
- Contests of skill. The Platform hosts contests in which the outcome is determined predominantly — indeed, as between participants, entirely — by the skill of the participants. JoyFlick games are not games of chance and do not constitute gambling. Each contest is designed so that participants with greater skill — including, as applicable to the contest title, timing and rhythm, hand-eye coordination, motor precision, reaction speed, route optimization and racing-line selection, spatial reasoning and combinatorial planning, pattern recognition, risk-reward judgment, resource management, and time-sensitive decision-making — have a material and demonstrable advantage over less-skilled participants. The sole chance-based feature on the Platform is the free "Daily Roll" promotional sweepstakes described in Section 6.3, which requires no purchase or payment of any kind and is separate from the contests.
- Identical starting conditions. All participants in a given contest receive identical, deterministically generated starting conditions — the same course, level, piece sequence, or track variant for every entrant in the tournament. The course for each tournament is generated once from a seed that is cryptographically committed before play begins and revealed after the tournament closes, so that any participant can verify that conditions were not altered or selectively assigned. The seed is random, but it is the same for every participant in the tournament: no participant has a chance-based advantage over any other participant. Differences in outcomes are attributable to differences in skill, not luck.
- Deterministic scoring. Scores are calculated server-side using deterministic rules applied uniformly to all participants. There are no random multipliers, bonus draws, dice rolls, card draws, randomized power-ups, or other chance-based mechanics that affect scoring during gameplay. The scoring rules for each contest title are disclosed in the rules presented for that contest.
- Asynchronous format. Contests are conducted asynchronously. Each participant plays independently against the same seeded content within a defined tournament window. There is no real-time head-to-head interaction between participants during gameplay. In certain contests, the opponent score you compete against is the authenticated, unaltered recorded gameplay of a real JoyFlick player who previously played the identical course under identical conditions in a real-money contest. A recorded session is selected and locked before the contest begins, without reference to the score achieved in that session, and JoyFlick makes best efforts to select a recorded session played by a participant of comparable skill level and ranking to your own. Every recorded session is drawn from an actual contest played by a real player in the identical version of the game and on the identical randomness seed, so that the course or level played is identical to the one you play. A match against a recorded session is identified as such before you pay any entry fee. We do not use bots, artificial-intelligence-generated scores, or simulated opponents in any real-money contest, whether the match is live or against a recorded session.
- Not a sweepstakes-casino product. The Platform is a skill-based contest platform and is not, and does not operate as, a "sweepstakes casino," a dual-currency sweepstakes-casino-style product, an online casino, a slot machine, a roulette wheel, a card-shuffle-determinative game, or any other gambling product. The Platform does not offer any game of chance, any game in which outcomes are resolved through the operation of a random-number generator or other traditional chance-resolving device during play, or any game in which winnings of a virtual currency are redeemable for items of monetary value. This Section 3.5 confirms the Platform's compliance with California Assembly Bill 831 (Stats. 2025, ch. 416), effective January 1, 2026, and analogous state-law frameworks. The free "Daily Roll" promotional feature is a no-consideration promotional sweepstakes governed by Section 6.3 and its official rules; it is not a casino-style game, involves no entry fee or purchase, and awards only Bonus Cash and Diamonds, neither of which may be purchased or redeemed for cash or any item of monetary value.
- Not a fantasy sports contest. The Platform is also not, and does not operate as, an "interactive fantasy sports contest" within the meaning of N.Y. Rac. Pari-Mut. Wag. & Breed. Law § 1400(7) or any analogous state-law fantasy-sports framework. The Platform does not involve the selection or management of any roster of athletes, does not reference or depend upon the performance of any human athlete or any sporting event, and does not award prizes based on the statistical performance of athletes or teams in actual sporting events.
4. Account Registration and Security
- Account creation. To use the Platform, you must create an account by providing accurate and complete information, including a valid email address. You may sign in using a one-time passcode sent to your email address, Sign in with Google, or Sign in with Apple. You agree to keep your account information current and accurate. You agree not to create any account if we have previously suspended or terminated your account or banned you from any of the Platform's services, unless we provide written consent otherwise.
- Account security. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at [email protected] if you become aware of any unauthorized use of your account or any other breach of security. We are not liable for any acts or omissions by you in connection with your account.
- Identity verification (KYC) and AML screening. Before processing your first withdrawal of funds, and at any other time we deem necessary, we will require you to complete identity verification ("Know Your Customer" or "KYC") through our third-party verification provider, Sumsub. The KYC workflow includes: (i) government-issued photo-identification document verification; (ii) biometric liveness detection (passive and active); (iii) biometric face-match comparison between the live capture and the photo-identification document; (iv) anti-money-laundering ("AML") screening against the U.S. Department of the Treasury Office of Foreign Assets Control ("OFAC") sanctions lists, politically-exposed-persons ("PEP") databases, and other applicable international sanctions lists; and (v) IP-address analysis to detect proxy, VPN, Tor, and other anonymization-network usage.
- Consent and consequences. You consent to the collection, processing, and verification of your identity information as described in our Privacy Policy. Failure to complete identity verification will result in an inability to withdraw funds from your account. If we determine that you appear on a sanctions list or are engaging in transactions prohibited under applicable economic sanctions and embargoes, we will block your account and take all actions required by law, including filing a blocked-assets or rejected-transaction form with OFAC where required.
- Tax information. United States federal tax law requires us to report contest winnings under 26 U.S.C. § 6041(a) and related provisions. If your net winnings in a calendar year reach or exceed two thousand dollars ($2,000) — the applicable Form 1099-MISC reporting threshold for calendar year 2026 — we will require you to provide your Social Security Number ("SSN") or Individual Taxpayer Identification Number ("ITIN") and to complete an IRS Form W-9. We will issue an IRS Form 1099-MISC (Box 3, Other income) for the applicable tax year. If you fail to provide your SSN or ITIN when required, we may be obligated to apply backup withholding under 26 U.S.C. § 3406 to your subsequent payments and remit the withheld amount to the Internal Revenue Service on your behalf, or to suspend your account or withhold further payments until the required information is provided. You are solely responsible for the payment of any federal, state, and local taxes owed on your contest winnings. Our payment processor may issue Form 1099-K separately for payments meeting the threshold of 26 U.S.C. § 6050W.
- Activity summary. You may access a summary of your annual contest activity (entries, winnings, and net results) through your account settings or by contacting [email protected].
5. Contests and Gameplay
- Contest entry. To enter a cash-entry contest, you must (a) have a sufficient cash balance in your Platform wallet, (b) be physically located in an Eligible Jurisdiction, and (c) satisfy the eligibility requirements in Section 2. Entry fees are deducted from your wallet at the time you join a contest.
- Entry fee tiers. Contests are offered at various entry-fee tiers, which are displayed to you before you join. Current entry-fee tiers range from $0.60 to $9.60 per contest. We may add, remove, or modify entry-fee tiers at our discretion, subject to pre-entry disclosure. JoyFlick also offers contests in which the entry fee is payable in Diamonds rather than cash. Diamonds are described in Section 6.2, and the prize in a Diamond-entry contest consists of Bonus Cash or Diamonds awarded by JoyFlick, and never of withdrawable cash.
- Contest capacity. Each contest has a defined capacity, being the number of participants required for the contest to proceed ("fire"). A contest's capacity is disclosed to you before you join. Capacity is most commonly two (2) participants, and certain contests have a higher capacity. A contest proceeds as soon as its capacity is filled. If a contest does not reach its capacity within the applicable joining period, the contest is cancelled and all entry fees are refunded in full to each participant's Platform wallet.
- Contest formats; contest window. JoyFlick's principal contest format is capacity-based: you join a contest, the Platform matches you with other participants of comparable skill through skill-based matchmaking, and the contest proceeds once its capacity is filled. JoyFlick may also offer time-based contests, in which the contest has a defined time window during which participants may join (the "Tournament Window"). The format, capacity and any applicable window for a contest are disclosed to you before you enter. Where a time-based contest is offered, the Tournament Window begins when the first participant joins and runs for a fixed period (currently twenty-four (24) hours for all games on JoyFlick). Once joined, each participant has a per-participant play window within which the contest must be completed. Participants who join but do not complete the contest within the applicable window will receive a score of zero (0) for the unsubmitted portion of the contest.
- Prize pool and platform fee. Prizes for each real-money contest are predetermined, announced before you enter, and guaranteed by JoyFlick regardless of the number of entrants or the total entry fees collected. JoyFlick retains the entry fees as its revenue; prizes are paid from JoyFlick's own funds even if entry fees are insufficient to cover them. No prize or prize component increases or decreases based on the number of entrants or the fees collected. Where a tournament creator or sponsor contributes additional prize funds, the supplemented prize amounts are likewise fixed and announced before entry. The prize amounts and the prize-distribution schedule are shown to you before you enter any contest.
- Prize distribution. Prizes are distributed from the prize pool to the top-placing participants according to a fixed distribution schedule. In a two-participant contest, the winning participant receives one hundred percent (100%) of the prize pool. Where a contest has three (3) or more participants, the current distribution is: first place sixty percent (60%) of the prize pool, second place thirty percent (30%), and third place ten percent (10%). The distribution schedule applicable to a contest is disclosed to you before you enter.
- Tie-breaking. In the event of tied scores, the prize pool allocated to the tied positions is divided equally among the tied participants. The Platform does not employ any coin flip, random drawing, dice roll, random-number-generator selection, or other chance-based mechanism in tiebreaker resolution. Full tiebreaker rules for each contest are disclosed in the rules presented for that contest.
- Contest results and finality. Contest results are calculated server-side after all participants have completed their gameplay or the Tournament Window has expired, whichever occurs first. Results are final once posted, subject only to review for suspected cheating, technical errors, or formal dispute under Section 17.1. We reserve the right to void results, withhold prizes, or adjust standings if we determine, after human review, that a contest was affected by cheating, technical malfunction, or other irregularity.
- Refunds for technical issues. If a technical issue attributable to the Platform (such as a server outage or a verified Platform-side application crash) prevents you from completing a contest, we will refund your entry fee for that contest. Technical issues attributable to your device, your network connection, or third-party services are not eligible for refunds.
- Tournament creators. JoyFlick may permit eligible community members ("Tournament Creators") to configure and promote tournaments and to contribute sponsorship funds that supplement the guaranteed prizes. Tournament Creators: (a) may receive a commission that is capped by JoyFlick and disclosed to you before you enter; (b) have no ability to set odds, influence scoring, or affect the outcome of any contest; (c) may not enter any paid tournament they create; and (d) are subject to the same identity-verification and screening requirements as players. All prizes in creator tournaments remain fixed and announced before entry and are guaranteed as described in Section 5.5.
6. Free Play, Daily Roll, and Bonus Cash
- Free play. You may play on the Platform at no cost by entering Diamond-entry contests. Diamonds cannot be purchased and are awarded only as a promotional reward, as described in Section 6.2, so entering a Diamond-entry contest requires no payment, deposit, or purchase of any kind. Diamond-entry contests use the same games, and are scored under the same deterministic rules, as cash-entry contests. Free play takes the form of contest entry; the Platform does not offer a separate practice or demonstration mode.
- Diamonds; no purchasable virtual currency. The Platform issues a promotional soft currency called "Diamonds". Diamonds cannot be purchased, are never sold for cash or any other consideration, and are not redeemable or exchangeable for cash, cash equivalents, or any item of monetary value. Diamonds are awarded only as a promotional reward — for example through quests, daily rewards or other promotions — and may be used only to enter Diamond-entry contests on the Platform. Apart from Diamonds and Bonus Cash, each of which is described in this Section 6, the Platform does not sell, issue, or use any virtual currency, coins, tokens, or similar instruments, and no virtual item on the Platform may be exchanged or redeemed for cash, cash equivalents, or any item of monetary value. Because Diamonds cannot be purchased and cannot be redeemed for cash or any item of monetary value, the Platform does not employ a dual-currency system of the kind addressed by recent state legislation governing online sweepstakes games.
- Daily Roll promotional sweepstakes. The Platform offers a free daily promotional feature called "Daily Roll", in which the outcome is determined by chance. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN DAILY ROLL, AND A PURCHASE OR CASH-CONTEST ENTRY WILL NOT INCREASE YOUR CHANCES OF WINNING. Entering or paying for cash contests does not confer additional Daily Roll entries or improved odds. All methods of entry receive equal treatment. Prizes awarded through quests and Daily Roll consist solely of Bonus Cash and Diamonds, neither of which is redeemable for cash or any item of monetary value. Daily Roll is void where prohibited and is subject to its official rules, which are available on the Platform and govern eligibility, entry, odds, and prizes. Daily Roll uses the same commit-reveal transparency architecture as the contests, so the day's outcome commitment can be verified after the reveal.
- Bonus Cash. JoyFlick may, at its sole discretion, offer promotional credits in the form of "Bonus Cash". Bonus Cash is issued for prepaid contest entries only, including as a prize in a Diamond-entry contest, and may be used only for that purpose. Bonus Cash is not real currency, is not a deposit, and does not represent funds held on your behalf.
- Bonus Cash — permitted use and restrictions. Bonus Cash may be used solely to pay contest entry fees on the Platform. When entering a cash-entry contest, your real (deposited) cash balance is applied first; Bonus Cash is applied only after your real cash balance is exhausted. The following restrictions apply to Bonus Cash:
- No withdrawal: Bonus Cash cannot be withdrawn, cashed out, transferred to another player, or converted to real currency under any circumstances.
- No cash value: Bonus Cash has no monetary value outside the Platform. It is not redeemable for cash and does not represent a balance of funds held on your behalf.
- Forfeiture on withdrawal: Upon any withdrawal of funds from your Platform wallet, all unused Bonus Cash will be immediately and permanently forfeited. You will be notified of the pending forfeiture before confirming your withdrawal.
- Non-transferable: Bonus Cash is personal to you and may not be transferred, sold, bartered, or traded to any other person or account.
- Bonus Cash — prizes and refunds. Contest prizes won while using Bonus Cash (in whole or in part) to pay entry fees are credited to your real cash balance and are fully withdrawable, subject to the withdrawal terms in Section 7. If a contest is cancelled or refunded, the entry fee is returned to its original source: the real cash portion is refunded to your cash balance, and the Bonus Cash portion is refunded to your Bonus Cash balance.
- Bonus Cash — expiration and modification. JoyFlick reserves the right, at its sole discretion, to set expiration dates on Bonus Cash grants, to modify the terms of any promotional offer, to limit the amount of Bonus Cash that may be accumulated, or to discontinue Bonus Cash promotions at any time, with or without notice. Expired or forfeited Bonus Cash will not be reinstated.
- Promotional offers generally. JoyFlick may from time to time offer promotions, referral bonuses, deposit bonuses, leaderboard prizes, or other incentive programs. Each promotional offer may have its own terms, which will be communicated at the time of the offer. In the event of a conflict between the terms of a specific promotion and these Terms, the promotion-specific terms shall control. JoyFlick reserves the right to revoke or modify any promotional offer if it determines, in its sole discretion, that a Player has engaged in abuse, fraud, or manipulation of the promotion, including the creation of multiple accounts, collusion with other Players, or exploitation of technical errors.
- Modification and termination of virtual items. JoyFlick may, at any time and without prior notice, modify, suspend, or discontinue any aspect of Bonus Cash or any other virtual items or promotional credits offered on the Platform, including their earning rates, redemption values, availability, and expiration terms. In the event of account termination (whether by you or by JoyFlick), all Bonus Cash balances are immediately forfeited without compensation, to the extent permitted by applicable law.
7. Wallet, Deposits, and Withdrawals
- Platform wallet. Each Player has a Platform wallet that holds the Player's cash balance. The wallet is used to pay contest entry fees and to receive contest prizes. Your wallet balance represents funds held by JoyFlick on your behalf, does not accrue interest, and is not a bank account, deposit account, or investment account.
- Player fund segregation. Player funds are held in a dedicated, segregated deposit account titled "Player Funds" at Stripe, Inc., separate from JoyFlick's operating funds. Player deposits are not used for company operations and are available for withdrawal subject to the terms described herein.
- Deposits. You may deposit funds into your Platform wallet using a credit card, debit card, ACH bank transfer, or PayPal. Deposits are processed through our third-party payment processors (Stripe, Inc. and PayPal Holdings, Inc.). Minimum and maximum deposit amounts, processing times, and any applicable fees are disclosed before you confirm a deposit.
- Withdrawals. You may request a withdrawal of available funds from your Platform wallet at any time, subject to: (i) completion of KYC verification (see Section 4.3); (ii) the applicable minimum-withdrawal amount; (iii) processing time (typically one (1) to five (5) business days depending on the withdrawal method); and (iv) withdrawal-review thresholds, fraud or compliance alerts, and any active investigation or unresolved chargeback. Withdrawals are available by PayPal transfer, SEPA bank transfer, and USD Coin (USDC) transfer to a digital-asset wallet you control, as further described in Section 7.6. The withdrawal methods available to you depend on your region. We reserve the right to review withdrawals that exceed certain thresholds or that trigger fraud or compliance alerts, which may delay processing.
- Chargebacks and disputes. If you initiate a chargeback or payment dispute with your bank, card issuer, or PayPal, we reserve the right to immediately suspend your account pending investigation. If a chargeback is determined to be fraudulent or in bad faith, your account may be permanently terminated and any remaining balance forfeited to the extent permitted by applicable law. We will cooperate with payment processors in responding to chargeback claims and may submit evidence including transaction records, gameplay data, and account activity. Please contact [email protected] before initiating a chargeback; direct resolution is faster and avoids account consequences.
- Digital-asset withdrawals (USDC). Where offered, you may receive withdrawals of available funds in a whitelisted digital asset — currently USD Coin (USDC) — to a compatible digital-asset wallet that you control. Entry fees are not payable in any digital asset. Token amounts are valued in U.S. dollars at the time of the transaction for purposes of limits and thresholds. JoyFlick does not take custody or control of tokens in your wallet once a withdrawal has been transferred to it. Your wallet is not a JoyFlick account; you are solely responsible for safeguarding your wallet credentials and private keys, and transactions broadcast to a public blockchain are irreversible. Blockchain network fees, if any, are disclosed before you confirm a transaction. Digital-asset withdrawals are subject to the same identity-verification, anti-money-laundering, sanctions-screening, geolocation, and responsible-gaming controls as cash transactions under these Terms.
8. Responsible Gaming
JoyFlick is committed to providing a safe and enjoyable entertainment experience. Our Responsible Gaming Policy describes the player-protection measures we maintain, the account controls available to you, and where to find free, confidential support. If you or someone you know may have a problem with gaming, please contact the National Council on Problem Gambling at 1-800-522-4700 or visit https://www.ncpgambling.org.
9. Prohibited Conduct
You agree that you will not, and will not assist or enable any third party to:
- Cheating and unfair advantage. Use any automated program, bot, script, macro, autoclicker, external solver tool, or other software to play contests or interact with the Platform; use any device, tool, or technique to gain an unfair advantage over other participants; exploit any bug, glitch, or vulnerability in the Platform or any contest; collude with other participants to manipulate contest outcomes; or share or sell account access for the purpose of having a more skilled person compete under your account.
- Fraud and financial misconduct. Deposit funds using a payment method you are not authorized to use; engage in money laundering, structuring, terrorist financing, or other financial crimes; initiate fraudulent chargebacks or payment disputes; or attempt to circumvent deposit limits, withdrawal restrictions, or self-exclusion periods.
- Platform integrity. Create or control more than one account; misrepresent your age, identity, or location; use a VPN, proxy, GPS spoofing tool, remote-desktop access, virtual machine, or any other means to circumvent geographic restrictions; reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform or any contest; interfere with or disrupt the Platform, servers, or networks connected to the Platform; or harvest, scrape, or collect user data, gameplay data, or other information from the Platform.
Violation of this Section 9 may result in one or more of the following at our sole discretion: warning, temporary suspension, permanent account termination, forfeiture of wallet balance and any pending prizes, voiding of contest results, and reporting to applicable law-enforcement authorities.
10. Anti-Cheat and Fair Play
- Monitoring. We employ anti-cheat systems to maintain the integrity of contests. These systems may monitor gameplay data including input patterns, timing, scoring anomalies, device information, and behavioral signals. By using the Platform, you consent to this monitoring.
- Flagging and review. Gameplay sessions that exhibit anomalous patterns may be flagged for human review by our trust-and-safety team. We will not take adverse action based solely on automated detection. All enforcement actions involving account penalties or prize forfeiture are subject to human review.
- Appeals. If your account is suspended or your contest results are voided due to an anti-cheat determination, you may appeal by contacting [email protected] within fourteen (14) days. Appeals will be reviewed within fourteen (14) business days.
11. Intellectual Property
- Platform ownership. The Platform, including all contests, software, content, designs, graphics, text, data, and other materials (collectively, "Platform Content"), is the exclusive property of Zucca Games Inc. or its licensors and is protected by copyright, trademark, patent, trade-secret, and other intellectual-property laws. "JoyFlick," "Sky Snatcher," "Sweet Rush," "Money Stack," "Fortune Cannon," "Block Buster," "Top Flight," "Solitaire," "Breakline," "Sushi Hit," "Jack 21," "Neon Master," "Football Heat," "Candy Drop," "67," "Road Hopper," "Crazy Cars," "Royal Hand," and associated logos are trademarks of Zucca Games Inc. All other trademarks appearing on the Platform are the property of their respective owners.
- Limited license. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your personal, non-commercial entertainment purposes. This license does not include the right to modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Platform Content.
- Player content. You retain ownership of any content you submit to the Platform (such as a display name, avatar selection, or feedback). By submitting content, you grant JoyFlick a worldwide, royalty-free, non-exclusive, sublicensable, transferable license to use, reproduce, modify, create derivative works of, distribute, display, and perform such content in connection with the operation of the Platform.
- DMCA. If you believe that any content on the Platform infringes your copyright, you may submit a notice pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"), to our designated agent at [email protected]. Your notice must include: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location on the Platform; (c) your contact information; (d) a statement of good-faith belief; and (e) a statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
12. Privacy
Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to our data practices as described in the Privacy Policy.
13. Third-Party Services
The Platform integrates with third-party services for payment processing (Stripe, PayPal), identity verification (Sumsub), banking and custody of player funds (Stripe), edge security (Cloudflare), and other functions. Account authentication and session management are operated by JoyFlick. Your use of these third-party services is subject to their respective terms and privacy policies. JoyFlick is not responsible for the acts or omissions of third-party service providers, and any transactions or dealings between you and a third party are solely between you and that third party.
14. Disclaimers
- "As is" basis. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, JOYFLICK DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
- No guarantee of availability. We do not guarantee that the Platform will be available at all times or that it will be free from errors, bugs, viruses, or interruptions. We may suspend or discontinue the Platform or any feature thereof at any time without prior notice.
- Assumption of risk; no guarantee of winnings. By participating in any contest, you acknowledge that contests involve risk of loss of entry fees and there is no guarantee of prizes. You participate entirely at your own risk and discretion. You should not participate using funds you cannot afford to lose. Contest outcomes depend on your skill relative to other participants.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOYFLICK, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF JOYFLICK FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE DEPOSITED INTO YOUR PLATFORM WALLET IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
16. Indemnification
You agree to indemnify, defend, and hold harmless Zucca Games Inc., its officers, directors, shareholders, employees, agents, affiliates, successors, assigns, and licensors from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law; or (d) your violation of any third-party rights.
17. Dispute Resolution
- Match result disputes. If you believe a contest result was determined incorrectly due to a technical error, scoring malfunction, or other Platform issue, you may submit a match dispute through the Platform's in-app dispute process. Match disputes must be submitted within forty-eight (48) hours of the completion of the contested match through the "Dispute a Match" feature in Help & Support, with the Match ID and a written explanation of the issue. Each Player may submit only one (1) dispute per match. The match-dispute process is intended for technical or scoring issues only. JoyFlick's determination on match disputes is final, subject to your right to pursue informal resolution and binding arbitration under Sections 17.2 through 17.8.
- Informal resolution. Before initiating any formal dispute-resolution proceeding, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for a period of at least thirty (30) days.
- Binding arbitration. You and JoyFlick agree that any dispute, controversy, or claim arising out of or relating to these Terms, the Platform, or your relationship with JoyFlick (collectively, "Disputes") that is not resolved through informal resolution shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (the "AAA Rules"). The arbitration shall be conducted in Wilmington, Delaware, or at another location mutually agreed upon by you and JoyFlick. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You acknowledge and agree that you and JoyFlick are each waiving the right to a trial by jury.
- Class-action waiver. YOU AND JOYFLICK AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.
- Mass-arbitration procedures. If twenty-five (25) or more similar claims are filed against JoyFlick within a sixty (60)-day period by claimants represented by the same or coordinated counsel ("Mass Arbitration"), the following procedures apply notwithstanding any contrary provision of the AAA Rules: (a) the parties will work in good faith to select a smaller number of representative bellwether claims (not more than ten (10)) to proceed first, with the remaining claims stayed pending the outcome of the bellwether arbitrations; (b) the results of the bellwether arbitrations will inform good-faith settlement discussions for the remaining claims, with claims that do not settle proceeding through additional bellwether rounds rather than simultaneous filings; (c) the parties may stipulate to alternative procedures intended to fairly and efficiently resolve a Mass Arbitration; and (d) if AAA declines or is unable to administer the Mass Arbitration on terms substantially consistent with these procedures, the parties will use JAMS Streamlined Arbitration Rules and Procedures.
- Severability of class-action waiver. The class-action waiver in Section 17.4 is an essential part of the arbitration agreement between you and JoyFlick. If the class-action waiver is found to be unenforceable as to any particular claim or remedy by a court of competent jurisdiction or by an arbitrator, then the entire arbitration agreement in this Section 17 shall be null and void as to that claim, and such claim shall instead proceed in a court of competent jurisdiction in the State of Delaware, with both parties retaining all rights to seek relief in such court. The remaining provisions of these Terms (including any other claims) shall remain in full force and effect.
- Opt-out right. You have the right to opt out of the arbitration agreement and the class-action waiver in this Section 17 within thirty (30) days of the date you first accept these Terms. To opt out, send written notification to: Zucca Games Inc., ATTN: Arbitration Opt-Out, 262 Chapman Rd Ste 240, Newark, Delaware 19702, or by email to [email protected] with the subject line "Arbitration Opt-Out." Your written notification must include your full name, your account email, your account username (if any), and an unequivocal statement that you want to opt out of this arbitration agreement. Opting out will not adversely affect your account or your access to the Platform.
- Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual-property rights. In addition, you may pursue claims in a small-claims court of competent jurisdiction in your jurisdiction as an alternative to arbitration, for claims within the court's jurisdictional limits.
- Confidentiality. All dispute-resolution and arbitration proceedings under this Section 17 are confidential, except to the extent disclosure is required by law or by judicial process.
- Governing law. These Terms and your use of the Platform shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law provisions, except that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of the arbitration provisions of this Section 17.
18. Termination
- Termination by you. You may terminate your account at any time by contacting [email protected] or through the in-app account-deletion process. Upon termination, you may withdraw any remaining cash balance in your wallet, subject to identity verification and applicable withdrawal-processing times. Bonus Cash and other virtual items are forfeited upon account termination.
- Termination by JoyFlick. We may suspend or terminate your account at any time, with or without cause, and with or without notice, including for violation of these Terms. If we terminate your account without cause, you will be permitted to withdraw any remaining cash balance. If we terminate your account for violation of these Terms, any remaining balance may be forfeited to the extent permitted by applicable law.
- Effect of termination. Upon termination, your license to use the Platform is immediately revoked. Sections 11 (Intellectual Property), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 17 (Dispute Resolution), and this Section 18.3 shall survive termination.
19. General Provisions
- Entire agreement. These Terms, together with the Privacy Policy, the Responsible Gaming Policy, and any other documents expressly incorporated by reference, constitute the entire agreement between you and JoyFlick regarding the Platform and supersede all prior agreements and understandings.
- Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. The Section 17.6 severability provision applies specifically to the class-action waiver.
- Waiver. The failure of JoyFlick to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
- Force majeure. JoyFlick shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including without limitation natural disasters, pandemics, government actions, war, terrorism, labor disputes, power failures, internet disturbances, or third-party service-provider failures.
- Notices. Notices to you may be sent to the email address associated with your account or displayed as an in-app notification. You are responsible for keeping your email address current. Notices to us should be sent to [email protected] or by mail to Zucca Games Inc., 262 Chapman Rd Ste 240, Newark, Delaware 19702.
- Apple platform disclaimer. Contests on the JoyFlick platform are not sponsored, endorsed, administered by, or associated with Apple Inc. Apple has no responsibility for any contest conducted on the Platform. Any questions, complaints, or claims regarding the Platform should be directed to JoyFlick, not Apple. To the extent you purchased a subscription or in-app purchase through the Apple App Store, you may be entitled to a refund from Apple under Apple Media Services Terms and Conditions, but JoyFlick is otherwise solely responsible for the Platform and its content.
- Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.
20. Contact Information
If you have questions about these Terms, please contact us:
- Email: [email protected]
- Support: [email protected]
- Website: https://joyflick.com
Zucca Games Inc. · 262 Chapman Rd Ste 240, Newark, Delaware 19702