Nitro Machines — Terms of Use & EULA

1. ELIGIBILITY

You may use Nitro Machines only if you are legally permitted to do so under the laws applicable to you.

If you are under the age at which you can legally agree to these Terms in your country, your parent or legal guardian must review and accept these Terms on your behalf.

Parents and guardians are responsible for supervising their children’s use of the Services where required by applicable law.

2. LICENSE TO USE NITRO MACHINES

Subject to these Terms, Phren grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use Nitro Machines for personal, non-commercial entertainment purposes.

You do not acquire ownership of Nitro Machines, its software, game content, characters, vehicles, artwork, music, designs, virtual items, or other intellectual property by using the Services.

All rights not expressly granted under these Terms remain with Phren and its licensors.

3. ACCOUNTS

Certain features may require you to create an account or connect an external account or compatible wallet.

You are responsible for maintaining the security of your account credentials and devices.

You must not sell, rent, transfer, or provide unauthorized access to your account except where we expressly permit it.

You must provide accurate information where the Services require such information.

We may restrict or suspend accounts that violate these Terms, applicable law, or the integrity of the game.

4. GAMEPLAY AND ONLINE SERVICES

Nitro Machines may include multiplayer racing, competitions, rankings, events, challenges, social features, and other online functionality.

We may modify game balance, progression, rewards, events, matchmaking, game modes, virtual economies, and other gameplay systems as the Services evolve.

We may temporarily suspend online functionality for maintenance, security, updates, or circumstances outside our reasonable control.

We do not guarantee that every feature will remain available permanently.

5. VIRTUAL ITEMS AND IN-GAME CURRENCY

Nitro Machines may contain virtual currencies, vehicles, avatars, cosmetics, upgrades, rewards, and other digital items.

Unless expressly identified as blockchain-based assets, virtual items and in-game currencies exist only within the Services.

They do not represent money, stored monetary value, securities, ownership in Phren, or a claim against Phren.

You receive a limited license to use these items within the Services according to the applicable game rules.

Game balances, reward rates, item availability, progression requirements, and virtual economies may change as we operate and balance the game.

Nothing in these Terms limits refund or other consumer rights that cannot legally be excluded.

6. OPTIONAL WEB3 FEATURES

Nitro Machines may provide optional blockchain-based functionality.

Depending on availability, this may include compatible cryptocurrency wallets, blockchain tokens, NFTs, or other digital assets.

Web3 participation is not required to access ordinary gameplay unless a particular feature is expressly identified as requiring blockchain functionality.

Blockchain transactions may be public, irreversible, and dependent on third-party networks, wallets, and infrastructure outside Phren’s control.

You are responsible for protecting your wallet, private keys, recovery phrases, and credentials.

Phren will never require your private key or wallet recovery phrase.

Loss of access to a wallet, compromise of private keys, or an irreversible blockchain transaction may result in permanent loss of access to digital assets.

7. TOKENS, NFTs AND DIGITAL ASSETS

Certain blockchain-based items may be independently transferable through compatible blockchain infrastructure.

Ownership of a blockchain token or NFT does not grant ownership of Phren, Nitro Machines, our intellectual property, copyrights, trademarks, or underlying game assets unless we expressly state otherwise.

Digital assets may have no monetary value.

Their availability, utility, and third-party market value may change.

Nothing within Nitro Machines constitutes investment, financial, tax, or legal advice.

We do not promise that any token, NFT, or other digital asset will increase or maintain its value.

Users are responsible for determining whether their use, acquisition, holding, or transfer of blockchain assets is lawful in their jurisdiction.

8. THIRD-PARTY SERVICES AND WALLETS

Nitro Machines may interact with third-party platforms, wallet providers, blockchain networks, payment providers, app stores, analytics providers, advertising services, and other services.

Those services operate under their own terms and policies.

Phren does not control third-party services and is not responsible for their independent operation, availability, security, or conduct, except where responsibility cannot legally be excluded.

9. PURCHASES

Some Services or digital content may be offered for purchase.

Prices, payment methods, taxes, and transaction conditions will be displayed through the applicable platform or payment provider before purchase.

Purchases made through an app store or third-party payment provider may also be subject to that provider’s terms and refund rules.

Nothing in these Terms removes statutory consumer rights available to you under applicable law.

10. ACCEPTABLE USE

You must not:

• cheat, exploit bugs, or manipulate gameplay;
• use unauthorized software, bots, scripts, or automation to interfere with the Services;
• hack, attack, or attempt unauthorized access to our servers or systems;
• reverse engineer the Services except where applicable law expressly permits it;
• impersonate another person;
• harass, threaten, or abuse other users;
• distribute malicious software;
• manipulate competitions, rankings, rewards, or game economies;
• conduct fraudulent transactions;
• use the Services for unlawful activity;
• infringe intellectual property or other rights; or
• intentionally interfere with another user’s ability to enjoy the Services.

We may investigate suspected violations and take reasonable action to protect players, our systems, and the integrity of Nitro Machines.

11. INTELLECTUAL PROPERTY

Nitro Machines and its associated software, gameplay systems, graphics, artwork, characters, vehicles, logos, names, audio, interfaces, designs, and other content are owned by or licensed to Phren.

They are protected by applicable intellectual property laws.

Nitro Machines, Phren Games, and associated branding may not be used in a way that suggests endorsement, partnership, or affiliation without our authorization.

12. UPDATES AND CHANGES

We may update Nitro Machines to add features, fix bugs, improve security, maintain compatibility, or change gameplay.

Some updates may be required to continue using the Services.

We may also update these Terms.

Where required by law, we will provide appropriate notice of material changes.

The current version of these Terms will remain publicly available.

13. SUSPENSION AND TERMINATION

We may suspend or terminate access to the Services where reasonably necessary because of fraud, cheating, security risks, unlawful activity, material violation of these Terms, or conduct that threatens the Services or other users.

Where appropriate and legally required, we may provide notice or an opportunity to remedy a violation.

You may stop using Nitro Machines at any time.

Termination does not affect rights or obligations that by their nature survive termination.

14. PRIVACY AND DATA PROTECTION

Our collection and processing of personal information are described separately in the Phren Games Privacy Notice.

The Privacy Notice is a separate document from these Terms.

It explains the categories of information we may collect, why we process that information, how it may be shared, how long it may be retained, and the rights available to users under applicable data-protection law.

Where required, users may exercise applicable privacy rights by contacting Phren using the contact details provided below.

15. COOKIES AND SIMILAR TECHNOLOGIES

Our websites and online Services may use cookies and similar technologies to operate the Services, maintain security, remember preferences, understand how users interact with our Services, measure performance, and support analytics or advertising where applicable.

Some cookies or similar technologies may be necessary for the Services to function.

Where required by applicable law, non-essential cookies and similar technologies will be used subject to the appropriate notice or consent.

Third-party services integrated with our websites or Services may also use their own technologies in accordance with their respective privacy policies.

More information about our processing of personal information is available in the Phren Games Privacy Notice.

16. SERVICE AVAILABILITY

We work to maintain Nitro Machines but cannot guarantee uninterrupted or error-free operation.

Updates, maintenance, network failures, blockchain infrastructure, third-party services, and events outside our reasonable control may affect availability.

To the maximum extent permitted by applicable law, the Services are provided on an “as available” basis.

Nothing in these Terms excludes warranties or rights that applicable consumer law does not permit us to exclude.

17. DISCLAIMER REGARDING DIGITAL ASSETS

Blockchain technology and digital assets involve technical and market risks.

Network congestion, protocol changes, wallet failures, third-party security incidents, regulatory developments, and other events outside our control may affect blockchain-based functionality.

Phren does not operate or control the underlying Solana blockchain or independent third-party wallets and marketplaces.

Phren does not guarantee the availability, liquidity, transferability, market price, or future utility of any blockchain-based asset.

Nothing provided through Nitro Machines should be interpreted as an invitation or recommendation to purchase, sell, or invest in a digital asset.

18. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Phren will not be liable for indirect, incidental, consequential, or special losses resulting from use of or inability to use the Services where such liability may legally be excluded.

Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by applicable law, including liability arising from intentional misconduct or other liability that cannot legally be excluded.

Mandatory consumer rights remain unaffected.

19. GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of Switzerland, without prejudice to mandatory consumer protections that apply to you under the laws of your country of residence.

Where legally permitted, disputes relating to these Terms or the Services will be subject to the competent courts in Switzerland.

If applicable consumer law gives you the right to bring proceedings before another competent court, these Terms do not remove that right.

20. SEVERABILITY

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

21. ENTIRE AGREEMENT

These Terms, together with any additional terms expressly applicable to a particular Service or feature, constitute the agreement between you and Phren concerning your use of Nitro Machines.

Our Privacy Notice separately explains how we process personal information.

22. CONTACT

If you have questions concerning these Terms, Nitro Machines, privacy matters, or your rights under this agreement, you may contact us:

By mail:
Phren Sàrl
Route de Gilly 30
1180 Rolle
Switzerland

By email:
privacy@phrengames.com