Terms of Service

Last updated: February 27, 2026

1. Acceptance of Terms

By downloading, installing, or using FlipPack ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

2. About the App

FlipPack is a card-collecting challenge game developed by Elevated NRJ Labs, a division of Elevated NRJ LLC ("we," "us," "our"). The App presents bottle-flipping challenges via digital cards. Players attempt these challenges in the real world at their own discretion.

3. Safety & Assumption of Risk

FlipPack involves real-world physical activity. By using the App, you acknowledge and agree that:

All bottle flip challenges are attempted entirely at your own risk.
You are solely responsible for choosing safe locations, surfaces, and conditions for attempting challenges.
You will not attempt any challenge that could reasonably result in injury to yourself or others, or damage to property.
You will ensure adequate adult supervision when children use the App.
We are not responsible for any injuries, damages, or losses resulting from attempting any challenge presented in the App.
You should use common sense. If a challenge feels unsafe in your environment, skip it.

4. License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes on devices you own or control, subject to these Terms and the applicable app store terms.

5. In-App Purchases

FlipPack offers optional in-app purchases ("IAPs") including themed card packs and custom card packs. By making a purchase:

You agree to pay the listed price through Apple's App Store or Google Play Store.
All sales are final. Refund requests must be submitted through Apple or Google, per their respective refund policies.
Purchased content is tied to your Apple ID or Google account and can be restored on the same account via the "Restore Purchases" feature in Settings.
Purchased content has no real-world monetary value and cannot be exchanged, transferred, or redeemed for cash.

6. User-Created Content

The Custom Card Builder feature allows you to create your own challenge cards. By creating custom cards:

You are solely responsible for the content of your custom cards.
Custom cards are stored locally on your device only and are not shared with us or other users.
You agree not to create cards containing illegal, harmful, obscene, or dangerous content.

7. Intellectual Property

All content in FlipPack — including but not limited to card designs, illustrations, text, UI elements, animations, sound effects, and code — is the property of Elevated NRJ LLC and is protected by copyright and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works from any App content without our prior written consent.

8. Restrictions

You agree not to:

Reverse engineer, decompile, or disassemble the App.
Modify, adapt, or create derivative works based on the App.
Remove any copyright or proprietary notices from the App.
Use the App for any commercial purpose without our written permission.
Attempt to circumvent any purchase or daily limit mechanisms.

9. Data & Privacy

Your privacy is important to us. Please review our Privacy Policy for details on how we handle (or rather, don't handle) your data.

10. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components. We do not guarantee any specific results from using the App.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEVATED NRJ LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your use of or inability to use the App;
Any physical injury or property damage resulting from attempting challenges;
Any unauthorized access to or alteration of your device data;
Any loss of purchased content due to device failure, app deletion, or other causes beyond our control.

Our total liability to you for any claims arising from or related to the App shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless Elevated NRJ LLC, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from your use of the App or violation of these Terms.

13. Termination

We may terminate or suspend your access to the App at any time, without notice, for any reason. Upon termination, your license to use the App is immediately revoked. Sections 3, 7, 10, 11, 12, and 15 survive termination.

14. Changes to Terms

We may modify these Terms at any time. Updated Terms will be posted on this page with a new "Last updated" date. Your continued use of the App after changes are posted constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

15. Governing Law

These Terms are governed by the laws of the State of Utah, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the App shall be resolved in the state or federal courts located in Utah County, Utah.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Elevated NRJ LLC regarding the App and supersede all prior agreements and understandings.

18. Contact

Questions about these Terms? Contact us:

Elevated NRJ Labs
A division of Elevated NRJ LLC
Lehi, UT 84048, United States
Email: [email protected]