These Terms of Use govern your use of NOVA, including offline play, the optional cloud account, Leaderboards, seasons, crew invites, purchases, NOVA Plus, and ads. Please read them carefully.
1.Agreement to These Terms
NOVA is operated by Charles Boswell, a sole proprietor based in Texas (“we,” “us,” or the “Developer”). NOVA is a MiClikz project.
These Terms of Use (the “Terms”) form a legally binding agreement between you and the Developer and govern your access to and use of the NOVA: Find Your Flow mobile application and its related features, content, and services, including offline play, the optional cloud account, cloud progress, leaderboards, daily challenges, the season pass, crew invites, score challenges, optional purchases and subscriptions, and advertising.
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, ACCESS, OR USE THE APP.
These Terms serve as the end user license agreement for the App. For an App obtained through the App Store, where these Terms do not address a matter, the Apple Licensed Application End User License Agreement (the “Standard EULA”) applies. If an Android version is made available through Google Play, your use of Google Play is also subject to the Google Play Terms of Service. Nothing in these Terms limits any rights you have under applicable law that cannot be waived or limited by contract.
Feature availability. Some features described here, such as purchases, subscriptions, advertising, leaderboards, the season pass, and crew invites, may not be available in every version of the App or in every region. Where a feature is not yet available in the version you use, the parts of this document about that feature do not apply to you until it is.
2.Definitions
In these Terms, the following capitalized terms have the meanings set out below:
- “App” means the NOVA: Find Your Flow mobile application, including all updates, content, and features made available through it.
- “Apple” means Apple Inc. and its subsidiaries, and “App Store” means the digital distribution platform operated by Apple.
- “Google” means Google LLC and its affiliates, and “Google Play” means the digital distribution platform operated by Google.
- “App Platform” means the App Store or Google Play, whichever you obtained the App from.
- “Cloud Account” means the optional NOVA account you create or access with Sign in with Apple or by verifying a one-time code sent to your email address.
- “Display Name” means the name you choose to show with your scores on Leaderboards.
- “Leaderboards” means the public daily, weekly, seasonal, and all-time score rankings in the App.
- “Challenge Code” means a time-limited code you may create and share that lets another signed-in player view a target score.
- “Invite Code” means a code that lets a new player join your crew and may earn in-game rewards for both players.
- “Virtual Items” means Stardust, orb skins, trails, bursts, music packs, season pass tiers and rewards, and any other in-game items, currency, or content, whether earned, rewarded, or purchased.
- “Stardust” means the in-game currency earned through gameplay, rewards, or purchase and used to unlock Virtual Items.
- “Subscription” means NOVA Plus or any other auto-renewing subscription offered in the App.
- “Content” means all game modes, visuals, palettes, music, text, graphics, audio, branding, software, and other materials made available in or through the App.
- “Services” means the App together with the related cloud account, progress sync, Leaderboards, challenge, invite, purchase verification, email, and support services the Developer provides.
- “you” or “your” means the individual who downloads, accesses, or uses the App.
3.Eligibility, Age, and Availability
The App is intended for people aged 13 and older. You may use the App only if you are at least 13 years old and meet any higher minimum age shown for the App on the App Platform in your country or region, and you are able to form a binding contract under applicable law. If you are under the age of majority where you live, you may use the App, and make purchases, only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the App and any purchases.
The App is currently made available for iPhone in the United States. An Android version may be made available later. We may make the App available in other countries or regions in the future, and additional or different terms may apply there where required by local law.
By using the App, you represent and warrant that you meet these requirements.
4.Purchases and Virtual Items
The App is free to download and play. It may offer optional purchases, such as Remove Ads, a premium season pass, music packs, cosmetic items, Stardust packs, and lifetime unlocks. The price and what you receive are shown before you confirm any purchase. There are no loot boxes or randomized paid rewards.
Payment. All purchases are processed by the App Platform, not by us, under the App Platform’s terms. We never receive your card or payment details. We receive a confirmation of the transaction, which we verify with the App Platform before granting the item.
Virtual Items have no cash value. Virtual Items, including purchased Stardust, are a limited, personal, non-transferable, revocable license to use a digital feature within the App and are not your property. They cannot be redeemed for money or anything of monetary value, and may not be transferred, traded, sold, gifted outside the App, or exchanged, whether inside or outside the App. Any attempt to do so is void.
Refunds. Except as required by law or by App Platform policy, all purchases are final and we do not issue refunds ourselves. Refund requests for App Store purchases go to Apple, for example at reportaproblem.apple.com. If a purchase is refunded or reversed, we may remove the related Virtual Items or benefits.
Restoring purchases. Non-consumable purchases and active Subscriptions can be restored on your devices using the “Restore purchases” option in the App, with the same App Store account. Consumable items such as Stardust packs are used up and cannot be restored once spent.
Offer codes. We may provide promotional offer codes through the App Platform. Offer codes are redeemed through the App Platform under its terms, have no cash value, and may expire.
5.NOVA Plus and Other Subscriptions
NOVA Plus is an optional auto-renewing Subscription that may include benefits such as no ads, all music packs, the premium season pass track, bonus Stardust, and exclusive items, as described in the App at the time you subscribe. Benefits may change over time; we will not materially reduce the core benefits of an active Subscription period you have already paid for.
Auto-renewal. Payment is charged to your App Store account when you confirm the purchase. Your Subscription renews automatically at the end of each period (for example, monthly or yearly) at the then-current price, unless you turn off auto-renew at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period.
Free trials. If a free trial is offered, it converts into a paid Subscription at the end of the trial unless you cancel at least 24 hours before it ends. Any unused part of a free trial is forfeited when you purchase a Subscription, where applicable.
Managing and canceling. You can manage or cancel your Subscription at any time in your App Store account settings (see Apple’s subscription settings). Deleting the App or your Cloud Account does not cancel a Subscription. Canceling stops future renewals; you keep the benefits until the end of the period you have paid for, and partial periods are not refunded except as required by law or App Platform policy.
Price changes. If the price of a Subscription changes, the App Platform will notify you and, where required, ask for your consent before the new price applies.
6.Advertising
If you do not have NOVA Plus or Remove Ads, the App may show advertising provided by Google AdMob. Banner ads appear on menu screens and not during active play. The App may also offer optional rewarded ads, such as to continue a run or double a Stardust reward; you choose whether to watch them. Rewards are granted only after the ad network confirms the ad was completed, and rewards may be limited per day.
Ads are provided by third parties, and we are not responsible for the content of ads or for the products and services they promote. Your choices about personalized ads and tracking are described in the NOVA Privacy Policy.
7.Optional Cloud Account
Core gameplay works without an account. You may optionally sign in with Sign in with Apple or by entering your email address and verifying a one-time code sent to that address. Signing in enables cloud progress, Leaderboards, the season pass, crew invites, Challenge Codes, and syncing purchases across devices.
You are responsible for keeping access to your Apple ID or email account and your device secure, and for all activity that occurs through your Cloud Account. You must notify us promptly at hi@miclikz.com if you believe your Cloud Account has been accessed without your permission.
When you sign in, the App displays the totals stored in your Cloud Account in place of the local-only totals on that device. Local-only scores recorded before sign-in are not imported into your Cloud Account. You may reset your cloud progress or delete your Cloud Account from within the App at any time, as described in the NOVA Privacy Policy.
8.Gameplay, Stardust, Seasons, and Scores
The App provides Classic, Zen, and Rave modes, power-ups, boss orbs, multipliers, daily challenges, a season pass, Stardust, unlockable items, and personal statistics.
Seasons and daily challenges. Seasons last for a limited time. Season pass progress and unclaimed rewards may expire when a season ends. Daily challenges and their rewards refresh on a schedule set by us.
Scores are for entertainment only. Scores are reported by the App on your device and checked on our servers, but they are not proof of real play. They are not suitable for, and may not be used as the basis of, any prize, wager, contest, or competition for anything of value. We do not award prizes for Leaderboard rank and do not sponsor or endorse any such use.
Subject to applicable law and to the purchase terms above, we may adjust, rebalance, remove, or discontinue Content, game features, Stardust values, or Virtual Items at any time. Except where required by law, you are not entitled to compensation for any progress, Stardust, or Virtual Items that are changed, removed, reset, or lost.
9.Leaderboards and Display Names
Leaderboards are public within the App. If you take part, your Display Name and your score, rank, and the period or mode it was set in may be visible to other players. Your email address is never shown.
Your Display Name must not be offensive, hateful, sexual, impersonating, or misleading, and must not include personal contact information. Display Names pass through an automatic filter, and we may reject, change, or remove any Display Name. We may hide, remove, or reset any score we reasonably believe is invalid, and other players may report scores they believe are invalid.
10.Crew Invites and Rewards
If you are signed in, you may share an Invite Code. When a new player enters your Invite Code within the allowed window after creating an account and completes a qualifying first round, both players may receive an in-game reward. The number of rewards an inviter can earn is limited. Each account can be invited only once, and you cannot invite yourself.
Rewards are Virtual Items with no cash value. We may withhold, remove, or reverse rewards, and suspend invite features, for fake accounts, self-referrals, automation, or other abuse. You choose where to share Invite Codes and Challenge Codes; the App does not read your contacts.
11.Challenge Codes and Sharing
If you are signed in, you may create a Challenge Code for a score and share it using your device’s share sheet. Any signed-in player who has a Challenge Code can view its target score until the code expires, currently seven (7) days after creation. You are responsible for what you share and with whom, and for complying with the terms of any app or service you share through.
12.Fair Play and Acceptable Use
You agree to use the App only for lawful purposes and in accordance with these Terms. You must not:
- disrupt, damage, overload, or interfere with the App, the Services, or their underlying systems or providers;
- reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent applicable law expressly permits despite this restriction;
- access or attempt to access another person’s Cloud Account or data, or probe, scan, or test the vulnerability of the Services;
- cheat, exploit bugs, automate gameplay, or submit falsified or manipulated scores, runs, purchases, or ad completions;
- create multiple or fake accounts to collect invite or other rewards;
- use a Display Name that breaks the rules above, or harass, impersonate, or interfere with other players;
- abuse the sign-in email system, including by requesting codes for email addresses you do not control; or
- use the App in violation of any applicable law or third-party right.
13.Intellectual Property and License
The App and all Content, including its visuals, music, palettes, branding, and software, are owned by or licensed to the Developer and are protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted to you are reserved.
Subject to your compliance with these Terms, the Developer grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App for your personal, non-commercial entertainment: (i) for an App obtained through the App Store, on Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the App may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing where available; and (ii) for an App obtained through Google Play, on Android devices that you own or control and as permitted by the Google Play Terms of Service.
You may not copy, modify, distribute, sell, lease, publicly display, create derivative works from, or commercially exploit the App or any Content, including music in the App, except as expressly permitted by these Terms or applicable law.
14.Privacy
Our collection and use of information in connection with the App, including for advertising, purchases, and Leaderboards, is described in the NOVA Privacy Policy, which is incorporated into these Terms by reference.
15.Changes to the App and Services
We may update, modify, suspend, or discontinue the App, the Services, or any part of them, including features, Content, seasons, Leaderboards, and Challenge Codes, at any time, with or without notice, to the extent permitted by law. If we discontinue the App entirely, we will try to give reasonable advance notice in the App or on this site. We are not liable to you or any third party for any such change, suspension, or discontinuation, except as required by law.
16.Suspension and Termination
We may suspend, restrict, or terminate your access to the App, the Services, Leaderboards, or your Cloud Account, in whole or in part, if we reasonably believe you have violated these Terms, for abuse, fraud, or security reasons, or where required by law. You may stop using the App at any time, and you may delete your Cloud Account from within the App or by contacting hi@miclikz.com.
Upon termination, the license granted to you ends, and progress, Stardust, and Virtual Items associated with your Cloud Account may be forfeited, except where a refund or other remedy is required by law. Termination or account deletion does not cancel an App Store Subscription; you must cancel it in your App Store account settings. The sections on purchases, Virtual Items, intellectual property, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and general terms survive termination.
17.Disclaimer of Warranties
THE APP, THE SERVICES, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE DEVELOPER DOES NOT WARRANT THAT THE APP OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT SIGN-IN EMAILS WILL BE DELIVERED, OR THAT YOUR PROGRESS, SCORES, VIRTUAL ITEMS, OR OTHER DATA WILL BE PRESERVED OR SYNCED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY RIGHT OR WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18.Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE DEVELOPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, PROGRESS, SCORES, VIRTUAL ITEMS, GOODWILL, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE APP, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR PURCHASES IN THE APP IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US $50).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
19.Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless the Developer from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms, your misuse of the App, or your violation of any law or the rights of any third party.
20.Apple App Store Terms
The following terms apply to any App obtained through the App Store:
- Acknowledgement. These Terms are concluded solely between you and the Developer, and not with Apple. The Developer, not Apple, is solely responsible for the App and its content.
- Scope of license. The license granted to you is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service, as described in the Intellectual Property and License section.
- Maintenance and support. The Developer is solely responsible for providing any maintenance and support services for the App, as specified in these Terms or as required by law. Apple has no obligation whatsoever to furnish any maintenance or support services for the App.
- Warranty. The Developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Developer’s sole responsibility, to the extent not effectively disclaimed.
- Product claims. The Developer, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- Intellectual property rights. In the event of any third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
- Legal compliance. You represent and warrant that you are as described in the Export Control and Sanctions section.
- Developer contact. Questions, complaints, or claims regarding the App should be directed to the Developer at hi@miclikz.com.
- Third-party terms. You must comply with applicable third-party terms of agreement when using the App, including the terms of your wireless data service and of Apple’s services.
- Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
21.Google Play Terms
If an Android version of the App is made available, the following terms apply to any App obtained through Google Play:
- Acknowledgement. These Terms are concluded solely between you and the Developer, and not with Google. The Developer, not Google, is solely responsible for the App and its content.
- Google Play Terms of Service. Your use of Google Play, and your download of the App from it, is subject to the Google Play Terms of Service. If there is a conflict between these Terms and the Google Play Terms of Service with respect to your use of Google Play, the Google Play Terms of Service will govern to the extent of that conflict.
- Support and claims. Google has no obligation to provide maintenance or support for the App and is not responsible for addressing any claims relating to the App. Questions, complaints, or claims regarding the App should be directed to the Developer at hi@miclikz.com.
- Purchases and subscriptions. Purchases and subscriptions made through Google Play are processed by Google under Google Play’s terms and refund policies, and are managed or canceled in your Google Play account.
22.Export Control and Sanctions
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable U.S. export control and sanctions laws in your use of the App.
23.Governing Law and Venue
These Terms and any dispute arising out of or relating to them or the App are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws principles. Subject to the Informal Dispute Resolution section, any legal action or proceeding arising out of or relating to these Terms or the App must be brought exclusively in the state or federal courts located in the State of Texas, and you and the Developer consent to the personal jurisdiction of and venue in those courts. This section does not deprive you of any mandatory consumer protection under the laws of the place where you live.
24.Informal Dispute Resolution
Before filing any claim, you agree to first contact us at hi@miclikz.com with a written description of the dispute and the relief you seek, and to attempt in good faith to resolve the dispute informally for at least thirty (30) days. Either party may then pursue the matter as provided in the Governing Law and Venue section. This step does not apply to claims for urgent injunctive relief or to small claims court actions within that court’s jurisdiction.
25.Changes to These Terms
We may update these Terms from time to time. When we do, we will post the revised Terms at this location and update the “Last Updated” date above. If a change is material, we will provide reasonable notice, such as through the App or this page, before it takes effect where required by law. Your continued use of the App after the revised Terms take effect constitutes your acceptance of them. If you do not agree to the revised Terms, you must stop using the App and cancel any Subscription.
26.General
- Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
- Entire agreement. These Terms, together with the NOVA Privacy Policy and any applicable App Platform terms referenced above, constitute the entire agreement between you and the Developer regarding the App and supersede all prior agreements and understandings.
- No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a transfer of the App or the business.
- Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control.
- Headings. Section headings are for convenience only and have no legal effect.
27.Contact
Questions, notices, and support requests regarding these Terms or the App may be sent to the Developer at hi@miclikz.com. Support information is also available on the NOVA Support page.