So from what I gathered, the "Failed to get game data from the server" is supposedly a flag of your account. This means that the account currently isn't banned yet - however it's under investigation for third party software.
Supposedly, if banned, it should show your pokemons and the next "Banned from client/game" or something like that. So for now, I think we still aren't banned. However, when they are reviewing the cases, most of us probably will be.
I personally made it to level 40 on my main account and 2x level 38 on secondary accounts. Only my main account has the issue, the other two simply can't catch pokemons. They all run away, like a permanent softban, where I'm able to loot pokestops.
Supposedly, if banned, it should show your pokemons and the next "Banned from client/game" or something like that. So for now, I think we still aren't banned. However, when they are reviewing the cases, most of us probably will be.
I personally made it to level 40 on my main account and 2x level 38 on secondary accounts. Only my main account has the issue, the other two simply can't catch pokemons. They all run away, like a permanent softban, where I'm able to loot pokestops.